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Tue, Jun 18 2019
BRIEF-Clariant Says Christian Kohlpaintner Decided To Resign Effective June 30
* CLARIANT AG - CHRISTIAN KOHLPAINTNER, MEMBER OF EXECUTIVE COMMITTEE, DECIDED TO RESIGN EFFECTIVE JUNE 30 TO TAKE ON NEW CHALLENGES OUTSIDE COMPANY Source text for Eikon: Further company coverage:
BRIEF-Clariant's Shareholders Approve All Agenda Items
* CLARIANT'S SHAREHOLDERS APPROVE ALL AGENDA ITEMS Source text for Eikon: Further company coverage: (Berlin Speed Desk)
Clariant shares drop as quarterly demand eases in Asia, Europe
ZURICH Clariant missed fourth quarter profit and sales expectations on Wednesday due to softening demand in Asia and Europe, sending shares in the Swiss specialty chemicals maker lower.
UPDATE 2-Clariant shares drop as quarterly demand eases in Asia, Europe
* Shares fall more than 3 pct (Adds comments from news conference)
REFILE-BRIEF-Clariant CFO does not see a significant longterm downturn
* CLARIANT CFO SAYS DON'T SEE A SIGNIFICANT LONGTERM DOWNTURN
Clariant says Q4 sales, operating profit fell
ZURICH, Feb 13 Clariant's fourth-quarter sales and operating profit fell, as the Swiss specialty chemicals maker saw its plastics and coatings business hurt by softening demand in Asia and Europe and exchange rates wiped out underlying sales growth.
BRIEF-ExxonMobil And Renewable Energy Group Partner With Clariant To Advance Cellulosic Biofuel Research
* EXXONMOBIL AND RENEWABLE ENERGY GROUP PARTNER WITH CLARIANT TO ADVANCE CELLULOSIC BIOFUEL RESEARCH
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Home Columns Just the Clax | Animal Rackets
Just the Clax | Animal Rackets
written by Michael Claxton September 20, 2018
Years after he became famous as “The Godfather,” Marlon Brando made a movie spoofing his legendary role. In “The Freshman” (1990), Brando played a mobster who ran an exotic restaurant called the Gourmet Club. Never operating in the same location twice, this traveling con job lured obnoxious, ultra-wealthy patrons with the false promise of feeding them endangered species for premium prices. In fact, for the privilege of consuming an animal that was the last of its kind, Brando charged a million dollars.
The scam went like this. No rare animals were actually killed. Brando would have his waiters parade a live Komodo dragon around the room in front of his sleazy (and gullible) customers. He even had the former Miss America pageant host Bert Parks singing “Here he is … your Komodo dragon.” Then, while the marks assumed that the giant reptile was being cooked, the chef would whip up some smoked turkey and serve it to the unsuspecting dupes.
He may have gotten the idea from Leonardo da Vinci. The famous painter once found an oversize lizard in his backyard, and this gave him an idea. He glued some scales all over its body, attached a bat’s wings and somehow even managed to stick a beard to the lizard’s chin. His secret for keeping the animal still for this game of dress-up has been lost to history, but da Vinci apparently kept the fake dragon in his studio and used it to enjoy freaking out his friends.
Ever since I heard that my older brother once caught a large bass, dug a hole in our backyard, filled it with water and charged the neighborhood kids a quarter to see what he billed as a “monster fish,” I have been fascinated with animal scams. One of the most famous was P. T. Barnum’s Feejee Mermaid from 1842. Barnum ran a museum in New York City that was filled with eclectic exhibits. He once purchased a “missing link” in the form of the torso and head of a juvenile monkey sewn to the back half of a fish.
Barnum whipped up a story that this alleged mermaid had been captured off the Fiji Islands in the South Pacific and put the bogus object under glass in his museum. Barnum then wrote anonymous letters to the newspapers denouncing his own exhibit as a fraud and then responded with more letters to the editor, inviting customers to come to the museum and see for themselves. The scheme worked, and people flocked to the hoax.
Incidentally, in one exhibit room, Barnum placed a sign over a door that said, “This way to the Egress.” Thinking that the egress must be some sort of exotic bird, many people went through the door, only to find themselves locked outside the building. To get back in, they would have to buy another admission ticket. If they complained, Barnum could always point out that technically, “egress” was Latin for “exit.”
Even his competitors couldn’t resist animal frauds. When Barnum spent a fortune to have a rare white elephant brought over from Burma in 1884, he was disappointed to see that it only had small splotches of pink coloring. He billed the elephant as a scarce specimen just the same. That’s when his rival, Adam Forepaugh, went so far as to paint an elephant white to attract the crowds to his circus. Barnum retaliated by painting his elephant even whiter. When Forepaugh’s elephant eventually died of old age, Barnum quipped that it was “dyed” already.
As distasteful as they seem to the modern palate, at least these hoaxes had a certain amount of ingenuity to them. Today’s animal scams are just plain sad. Con artists list non-existent puppies available for free on Craig’s List, tricking buyers into paying shipping and insurance fees. Online criminals also make a fortune selling fake legal documents that allow people to bring emotional support pets onto airplanes. 19 states have even passed laws cracking down on people pretending that their dogs are service animals.
Which of course reminds me of a classic joke. A man is out walking his chihuahua and goes into a restaurant. The waiter stops him at the door: “I’m sorry, sir, but we don’t allow dogs in here.” So, the man goes home, waits a month, and then puts on some dark sunglasses and takes his dog back to the same restaurant.
The waiter stops him and says, “I’m sorry, sir, but we don’t allow dogs in here.” The man answers, “But I’m blind, and this is my seeing-eye dog.”
The waiter is incredulous: “Your seeing-eye dog is a chihuahua?”
To which the man answers, “They gave me a chihuahua?”
Just the Clax | Animal Rackets was last modified: October 4th, 2018 by Michael Claxton
Michael Claxton
It’s time for the conflict in Syria to end
An Ode to Nancy | At the Table
English professor and guest columnist Michael Claxton | Photo by Emily Griffin
Just the Clax | Remembering Dr. Dean Priest (1939-2019)
Bison Editor-in-Chief Kaleb Turner | Photo be Emily Griffin
An Ode to Nancy | Benediction
Opinions Editor Emily Nicks | Phot by Emily Griffin
Shifting Focus | Treading Water
Megan is the Editor-in-Chief of The Petit Jean yearbook. | Photo by Emily Griffin
More than a publication
Guess writer Alaina Webb | Photo by Emily Griffin
Requiring Spring Sing | Let it be a choice?
Student writer Madison Basset | Photo by Emily Griffin
Requiring Spring Sing: Worth the burden?
Opinions editor Emily Nicks | Photo by Emily Griffin
Don’t judge a zoo by its reputation
Tony Finley, (1943-2019) | Photo courtesy of the Finley family
Remembering Dr. Tony Finley (1943-2019) | Just the Clax
The revolution continues
Editor-in-chief Kaleb Turner | Photo by Emily Griffin
An Ode to Nancy | It is finished
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Shop Artists About
ShopArtistsAbout
Store Brett Netson & Snakes - Scavenger Cult Vinyl EP
PreviousNick Luca - Line of Sight Vinyl LP NextBrett Netson & Snakes - Scavenger Cult Vinyl EP (Digital)
Brett Netson & Snakes - Scavenger Cult Vinyl EP
Ships out within 7 days. Comes with digital download via email.
The Scavenger Cult EP features three glorious, sprawling anthems created with drummer Steve Gere (Uzala, Built To Spill), stereo bass contributions from Ian Waters (Kid Cordiroy, Boise Cover Band) and Josh Galloway (Cerberus Rex), with additional bass, synth contributions and all guitar and vocals courtesy of Netson.
Recorded on 2” 16-track tape with Jason Ringelstetter at Tonic Room in Boise, Idaho, mixed to 1/2″ tape by Steve Lobdell at Audible Alchemy in Portland, Oregon with analog mastering at Salt Mastering in Brooklyn, New York, the Scavenger Cult EP is not good-time rock and roll, although it speaks the same language. The roots are there… ‘70s rock, metal and punk, psychedelics and garage rock, space rock, drone and thud, blues...
But, whatever you hear, the work is unmistakably that of Brett Netson. Much thought went into the making of this record. Scavenged analog tape machines, used tape and various hand built circuits. A steep learning curve; an effort to make the sound as expansive as possible. Many miles traveled to gather the implements. A carbon footprint balanced out by bringing machines made long ago to live another day. These are not inanimate objects.
This two inch tape, these tube amplifiers, transformers... they are extensions of the artists, who feel they owe it to them to rise to the standards of their excellence since these machines will never be made that way again. The point of all this is not self-aggrandization, the point is to make something that lasts; something that is worth the labor and natural resources used to produce it. They put it out there. The rest is up to you.
released June 21, 2016
© New High Recordings
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Call of the contrarian
Photo credit: Grant Garnsey
William Rein
May 6, 2016|105 Views
Filed under Columns, Opinion
To be a contrarian is to disagree with the majority consensus on principle — no matter how criticized that position might be.
When I began actively studying logic, I was amazed with its simplistic deductions and validity and how much stupid bullshit I had previously believed in. I came from a liberal upbringing, trained to despise the conservative right. As I examined the soundness of my preconceptions, both the rhetoric of the right and the left became disillusionary, pushing me toward political independence.
It was too frustrating to watch echo chamber compete with echo chamber, each imposing restrictions on the other, each trying to control bodies, property and freedom. The only topic I used to debate on was religion, but I found myself arguing for abstract liberties, individualism, progressivism and massive-scale structural reform.
Disagreeing with conventional wisdom can help people question their role in sweeping cultural trends. You don’t have to commercialize to a professional provocateur to incite controversy. You just have to learn to debate unfavorable sides.
When the general public attempts to develop their philosophies from aggregate media, it will always end in woefully inadequate ideology. But iconoclasm, in this effort, is a lot more progressive than skepticism, which is more like useless social undermining leading to nihilism.
A place where contrarianism has been bountiful is the history of science. Whenever we’ve witnessed a paradigm shift, it has been accompanied by radical science that upturned the previous template and demanded new perspectives and methodologies. Galileo, Newton, Lavoisier and Einstein all had to dismiss the “right way” to do things that led to such wonderful discoveries in the global community.
There is, however, a lot of bad contrarianism. Much of the new-new atheism acts as such. Atheism has opened itself up to substantial attack on the basis of being overly elitist. There’s that abominable section of the blogosphere where militant atheism lives, either endlessly overplayed in sophomoric YouTube videos or recited by hipsters.
Atheism used to be a brothership. It has always been the minority. It was like a network. After learning someone was an atheist, you could instantly be at ease feeling a human, subastral bond.
Now the more likely place to see atheists is writing poorly-coordinated articles in college newspapers throwing in shady jabs at religion under the guise of criticizing their own nonreligious affiliation.
To compare the contemporary militant atheism with the articulate wave of the early 21st century, we need only look to the New Atheists. The celebritized New Atheists (Christopher Hitchens, Richard Dawkins, Sam Harris and Daniel Dennett) brought the secular argument to public access.
Christopher Hitchens was a great orator. He was witty with language and argumentation. The people who frequently allude to him are not so much in this way. The great contrarians have mostly been processed into cheap lube for the furious ego masturbation of bitter young adults.
Just like reading a few lines of Nietzsche prompts endless hipsters to glamorize insanity, watching a couple Hitchens debates prompts wave after wave of uncomposed antagonists to don the anti-theist label and just generally go around shitting on the religious.
It’s not cool just because it’s outside the status quo. Weeaboos, too, are outside the status quo. And weeaboos are the biggest embarrassment to human society since some Arab dude thought he was the son of a great bearded guy in the sky.
In modern society many people are atheists without ever thinking about it. Part of me is relieved, but another part understands that this is as bad as being raised from birth to believe in a deity: no free thought, no rebellion, no moment of revelation. No “aha” moment.
Even with atheism partially hijacked by edgy man-children, it’s still one of the best starting points for contrarianism, depending on where you live.
Contrarianism isn’t just being a devil’s advocate, a device for exposing stronghold positions to alternate opinions. Devil’s advocate is so overused it’s become meaningless.
Neither does contrarianism collapse to hipsterism, which is just being different for the sake of being different or special. Contrarianism is Socratic progress in dialogue.
William Rein can be reached at [email protected] or @toeshd on Twitter.
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Tags: debate, different views, opinion
2 Responses to “Call of the contrarian”
Ian Cooper on May 6th, 2016 5:16 pm
Funny how atheism’s detractors always try to make out that there’s some kind of nasty radical fringe. “New Atheism” is the latest effort to do that. Strange that 50 years ago, Madalyn Murray O’Hair was doing exactly what today’s “New Atheists” are doing, perhaps even more vociferously. I’m guessing that two millennia ago, Epicurus had the same criticism leveled at him – suggesting that he was one of the “bad atheists”. Bad atheists, it seems, are those who don’t keep their mouths shut in the face of religious oppression.
William Rein on May 7th, 2016 11:14 am
I think the difference is that “New Atheism” has actually been embraced by a lot of atheists, as a nonderogatory term. In addition, religious “oppression” is hardly what it used to be. The religious are the ones in power globally, yes, but that doesn’t amount to oppression. I don’t feel oppressed as an atheist simply because we’re less represented. The scientific community will always be there.
And Epicurus was around before globalization. Now, it’s possible for reasonable pluralism, and many culutures and religions to live together. I suggest it’s time we stop being assholes about everything.
University urging ‘relocation’ of low-barrier shelter a disappointment
History is neglected in American public schools
A defense of college parties
Purge the Binging: It’s not good for you
The mess that is the new Article 13 world
Water in the southwest a ticking time bomb
2019 MLB playoffs will feature rebuilt teams
Growing up vegetarian
Stop judging other women’s harassment experiences
Chico State: enough is enough
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The Overdub
Best albums of December 2015
The holiday season is usually a graveyard for new music, unless you like the same seven Christmas songs lazily rehashed by 100 different artists. I personally don’t. I didn’t even plan on making a list of December, but here we are. Check out these great albums released last month.
Steve Sobs – Open Spaces
This is a cool record. Open Spaces shifts masterfully between mesmerizing and upbeat bedroom pop like “The Undergound” and “Nights Out” to songs like the borderline sinister “Empty Streets”, which is what I imagine plays in the waiting room of Satan’s dentist office. Bottom line, Open Spaces is all about blending expansive sounds to create the sensation of open spaces (reverb helps) and, like most bedroom bandcamp projects, it’s about doing a lot with a little. In this it succeeds tremendously.
You’ll like this if you like: Fog Lake and Alex G
Best song: “The Underground”
spotify:track:18hd8wDOoaTWcuiDFkUgkk
Blah Blah Blah – This is for the Time
These veterans of ballroom-rock hailing from Chicago dropped this 12 track treat on New Year’s Eve. This is for the Time is 29 minutes of romantic, soulful guitar rock fit to make a NME columnist change his pants.
You’ll like this is if you like: The Smiths, Ski Lodge, and Cut Off Your Hands
Best song: “I’ve Been So Down”
spotify:track:5pW9urPdDeJpC94ijt7REt
Holy Wave – The Evil has Landed pt II
Holy Wave’s third effort is equal parts psychedelic, lo-fi, and noisy pop goodness. It’s also 100% worth a listen.
You’ll like this if you like: Chastity Belt and Cloud Nothings
Best song: “Hood Dreams”
spotify:track:1uYQRk7I8LuddviTT4o7oi
Plastic Flowers – Summer of 1992
A pretty straightforward dream pop EP. It’s five songs, all of which are solid. You can tell they’ve really cleaned up their sound from their 2014 debut LP Evergreen, for better or for worse, and laid off the synth a bit in favor of jangle-y slacker guitar riffs.
You’ll like this if you like: Ducktails, Keep Shelly in Athens, and Widowspeak
Best song: “Cloudy Wastelands”
spotify:track:43HjePxPOfj6YVC9UYOutF
The Walters – Young Men
I’m going to keep this short because I’ve been preaching about The Walters since before I had this blog and even I’m getting tired of it, but these guys are going to be huge. This follow-up EP just further proves my point. Their self-styled cardigan rock is universal in its charm and if their motivated enough, they’ll break through to the inner circle of beloved, indie starlets by the end of 2016.
You’ll like this if you like: Good Morning and Alex Bleeker & The Freaks (first album only)
Best song: “City Blues”
spotify:track:1xafrgeBMaBBrnr1e7rkaC
Other great albums from December
Emily Yacina – Soft Stuff
Florist – Holdly
Olivier Heim – A Different Life
Archy Marshall – A New Place to Drown
15 most overlooked albums of 2015
I was going to make a top 50 albums of the year list, but then decided that you don’t need yet another blog telling you how great Poison Season and To Pimp a Butterfly are. So, I decided to do something a bit different and more in the vein of this blog. Here are the best, most overlooked albums of the year. Enjoy!
15. Charlie Brand – Monsoons
Monsoons is nothing like the over the top saccharine melodies Charlie Brand helped create with Miniature Tigers. It’s sweet, gentle songwriting with the occasional spaceship noise thrown in for good measure.
[pop]
spotify:track:0kaMr5NTugvfBDVmcRPmlx
14. Macross 82-99 – CHAM!
Die-hard future funk and vaporwave fans might not like where Macross, future funk’s most talented and prolific producer, has gone with his newest effort. There will be those that are sad that he’s drifting away from funking up old Japanese disco deep cuts. But they’re wrong. With CHAM! he manages to strike the perfect balance between delivering atypical, future funk bangers for his old fans, and branching into exciting, fresher hip hop-influenced sounds.
[future funk]
spotify:track:1mfcYIaZ2xiXv9q75sxdnP
13. PWR BTTM – Ugly Cherries
A wonderful debut from PWR BTTM. Ugly Cherries is full of genuinely catchy pop punk anthems that will have you singing along.
[pop punk]
spotify:track:7BmXuPOoGdfemMkZ8WrwZN
12. Gengahr – A Dream Outside
A top five debut that was fairly lauded when it came out. Maybe everyone forgot about it because they took the album off of Spotify. Take a hint, guys.
[psychedelic rock]
spotify:track:3SKRVZpKXn1xn4OMhpDpEC
11. Dråpe – Relax/Relapse
One of the best, most accessible pop albums of the year. Only one listen required to see the hype.
spotify:track:4AYinuRxIRlpAXad3eVtht
10. The Districts – A Flourish and a Spoil
If rock & roll is dead than The Districts reanimated the corpse and walked it around in 2015 like a zombie marionette.
[indie rock]
spotify:track:0TFS7bn4ABA17LKL5OVaZ0
9. Chastity Belt – Time To Go Home
Sleater-Kinney released an album this year and this still the best record by an all girl band. I said it. Fight me.
[noise pop]
spotify:track:1yozVRYZeklFX8PHnFHsET
8. Marco Vella – Shadow Mountain
Seven of the most perfect electronic and ambient music tracks out right now, and from a complete specter. This debut will blow your hair back and lead to frantic googling of ‘who the hell is this guy?’.
[electronic / ambient]
spotify:track:5YSdEcnGvnryiileXgqoHD
7. Sui Zhen – Secretly Susan
Even if this album didn’t have great jams like ‘Take It All Back’ and ‘Walk Without Me’, it would still be on this list for the album cover alone.
[electronic / singer songwriter]
spotify:track:4leb5wsKBqOiWizUMswScg
6. Title Fight – Hyperview
Ian Cohen agrees with me, this was a top 10 album of 2015.
[melodic hardcore]
spotify:track:3VnlkMjJPOHYfSJlzXMZd5
5. Empress Of – Me
I suppose it’s not overlooked so much as not placed high enough on the end-of-they-year lists. I mean c’mon, this is just a better version of what Grimes tried to do, and there are twice as many bangers.
[dream pop / str8 bangers]
spotify:track:4htgubIqo8b2JD1pR5jYEx
4. Astronauts Etc. – Mind Out Wandering
The only notable source that reviewed this album was Paste, who gave it an 85. Really? Paste? That’s it. What’s the state of music journalism when fucking Paste are the ones with their finger on the pulse. Their office is in Georgia for Pete’s sake.
[dream pop]
spotify:track:1PLM5vxNJC4jUGppoYag3Y
3. Roman à clef – Abandonware
Abandonware is 29 minutes of 80’s pop hits that you and your mom can enjoy together. Best debut album of the year award goes to… Roman à clef! Ryan and Jen from Sunny Day in Glasgow, please come to my living room to accept your award.
spotify:track:73BUytfxKH8ti3lgnHLTXb
2. Evans the Death – Expect Delays
There is a song on Expect Delays called ‘Bad Year’ where Katherine Whitaker cries out, “I’ve had a bad yeaaaarrrr.’ Well, if having a bad time caused these guys to make such a great album, I hope the rest of their lives are terrible. 🙂
[indie rock / noise pop]
spotify:track:52SgV2BUdanHZMr8yMrQlA
1. Vundabar – Gawk
Vundabar are the Drake of indie rock. I’ve never heard an album with so many effortless hooks. Gawk is so incredibly lean that it gives the impression of having been forged over and over in the studio like hot steel, hammering away anything that wasn’t an absolute banger until they were finally satisfied – there’s no fluff here, folks. Every song could have been the single.
[Drake rock]
spotify:track:4SxdYbjtlw9QB2a4tl3qks
The best albums of October & November 2015
December 1, 2015 December 1, 2015 Leave a comment
So, if we’re being honest, I didn’t do a best-of list for October not because there weren’t any good albums (October was bonkers), but because I plum forgot. Luckily, since November was disappointing album-wise, as the end of the year often is, I decided to combine the two months into one post. Enjoy.
Dråpe – Relax/Relapse
Favorite song: “Replica”
Alex G – Beach Songs
Alex G does it again, nuff said.
Favorite song – “Brite Boy”
spotify:track:2QvIL8AaefwAfRHO7oENYo
Neon Indian – Vega Intl. Night School
I’ll admit I was skeptic. My first listen through, all I could think was how much the album sounded like Toro Y Moi’s disappointing third LP, which was just a rehashing of disco but with more reverb. Now this sounds like Neon Indian rehashing and Chazwick’s rehash. But it’s not. It’s soulful, terribly charming, and can stand in its own right as a banger of a record if you ignore its complete lack of innovation.
Favorite songs: News from a Sun (live bootleg)
spotify:track:7ubJ0x5sIpoZaPnXGc49kl
Macross 82-99 – CHAM!
Die-hard futurefunk and vaporwave fans might not like where Macross, futurefunk’s most talented and prolific producer, has gone with his newest effort. There will be those that are sad he’s drifting away from funking up old japanese disco deep cuts. But they’re wrong. With CHAM! he manages to strike the perfect balance between delivering atypical, futurefunk bangers for his old fans, and branching into exciting, newer hip hop-influenced sounds.
Favorite song: “I Miss You (feat. Roman)”
Krts – Close Eyes to Exit
A thumping fever dream of gorgeous beeps and bloops with the odd hip hop feature. It’s quiet and loud and goes 100mph. You’ll fall asleep listening to it and then wake up with your shirt soaked with sweat and gasping, “what the hell is this music?”
Favorite song: “Come to this”
spotify:track:4cmG7pv9XyKnn3x553pf2Z
Protomartyr – The Agent Intellect
“Man, I really liked ‘Beautiful Blue Sky’ from Ought’s new album, but I sure wish the album as the whole was better. If only there were another, similar post-punk band that rock even harder.”
Favorite Song: “The Devil in his Youth”
spotify:track:5n5ESg6ZQlrFQ5DpXOjK7J
Sea Ghost – SG
Car Seat Headrest – Teens of Style
Violent Mae – Kid
Blessed Feather – There Will Be No Sad Tomorrow
U.S. Girls – Half Free
Kyle – Smyle
Deerhunter – Fading Frontier
The best albums of September 2015
October 1, 2015 December 29, 2015 Leave a comment
Empress Of – Me
Straight bangers. Track 1? Banger. Track 2? Banger. Track 3-9? Bangers. Track 10? Banger. Every track banger.
Favourite song: ‘Standard’
PWR BTTM – Ugly Cherries
A wonderful debut from PWR BTTMUgly Cherries is full of genuinely catchy pop punk anthems that will have you singing along.
Favourite song: ‘House in Virginia’
Astronauts, etc. – Mind Out wandering
“Thawed-out ’70s tones with sentiments of soul and echoes of modern indie guitar rock, Ferraro’s piano and Rhodes provide nearly as much a presence on each track as his own falsetto.” – from their bandcamp. A pretty good description of a really good album, the majority of which was recorded live. Another amazing debut.
Favourite song: ‘Up for Grabs’
Skylar Spence – Prom King
I T ‘ S N O T V A P O R – W A V E B U T I T ‘ S S T I L L R E A L L Y F U N.
Favorite song: ‘Can’t You See’
spotify:track:563rtG4jPQIqIYLT0hZu32
George Clanton – 100% Electronica
This album is a 100% synth-y chillwave goodness and 100% worth your time.
Favourite song: ‘Keep a Secret’
spotify:track:0dG2KdrMD65kEeWxmF9lu2
More Albums!!
Honorable mentions because this was a fantastic month for music and there are a ton of albums that I didn’t get to touch on:
Ought – Sun Coming Down
Helios – Yume
Carroll – Carroll
Best Albums of August 2015
This month’s list is a mix of virtually unknown newcomers and established veterans. This month I also try making jokes.
Destroyer – Poison Season
AOTY probably.
Genre: rogue saxophone-wave/Time Square-core
You may like this if you like: music
A gorgeous, lean seven track debut from this random dude named Marco. Shadow Mountain is easily the biggest surprise of the month, if not the entire summer. It’s just as suited for ambient, night driving as it is a soundtrack to a How’s It Made episode about desk chair factories.
Genre: Electronic/ambient/post-adderall
You may like this if you like: that song from the movie Drive
3. Beach House – Depression Cherry
More of the same from our favourite dream pop team, but is that such bad thing?
Genre – No shirt, no shoes, no problem
You may like this if you like: if you hoped the album was nothing like ‘Sparks’
4. LUWUM – Places Worn
I haven’t heard a DIY, bedroom pop bandcamp artist with this much potential since Alex G, and that’s the highest of praise. This debut gets extra pointst for putting the bedroom back in bedroom pop since it was literally recorded in his living quarters.
Genre – lo-fi/DIY pop
You may like this if you like – songs recorded with old laptops
Test tube genre
August 26, 2015 August 26, 2015 2 Comments
By Gianluca Pezzuti
Five years ago a genre of music called vaporwave was born on the internet. During its existence it has been criticized, killed, subsequently reborn and, through it all, struggled for validation. This is what vaporwave tells us about the future of music in the internet age.
Digital Voyager, an 18-year-old recent high school graduate sits in the darkness of his childhood bedroom in Ohio rooting around in a cardboard box before pulling out an old VHS tape.
“Sometimes the entire tape has nothing worth using on it, the only thing worth using was the logo at the beginning that had a cool little geometric animation,” says Digital Voyager, pointing at the forlorn-looking VHS. He proudly holds up the box which he says he found at a nearby flea market and shows me the antiquated Pansonic Omnisvision TV set he uses to play the tapes. Though his bedroom may seem straight out of 1990, the year is 2015 – and Digital Voyager is part of a very important movement.
All the most significant movements in the history of music have at least two things in common: they were all started by young people and they all began somewhere. Jazz started in New Orleans, hip hop in New York City and punk in the United Kingdom. A person can point to these places on a map. Vaporwave, however, while created by kids, was born entirely on the internet.
Vaporwave, a micro-culture which gets its name from vaporware (a term for a product that was announced but never released) is celebrating its five year anniversary this August. It’s more of a culture than genre because it is made up of equal parts art and music. You can’t have one without the other.
While it’s impossible to say exactly how big vaporwave is, or roughly how many listeners it has, the largest known forum of vaporwave enthusiasts is on social networking site Reddit, which at the moment boasts roughly 15,000 subscribers; hence the prefix micro.
To properly understand the importance of vaporwave and how its evolution defines what it means to make music in 2015, you first have to understand what Vaporwave is, which is a bit like explaining colour to a blind man.
Making vaporwave
While hard to understand, vaporwave is easy to make.
“It has a really low barrier to entry, pretty much anyone can learn how to make it if they want to,” explains VHSテープリワインダー, a vaporwave artist whose name translates from Japanese as VHS Tape Rewinder.
At its most banal, the fundamental principles of creating vaporwave involve chopping up samples of old music, looping them and slowing them down. That’s it. The formula is so simple that it’s democratic – anyone equipped with the right software can be a vaporwave artist.
The artist’s ability doesn’t depend so much on sample manipulation as choosing the right sample – which can be anything from obscure corporate lounge music to 80’s Japanese pop hits. The only requirement for acclaim by the genre’s fan base is that it sounds good, so it’s not much different from anything else in that regard. The nature of heavy sampling has lead most of the genre’s artists to keep their music free and their identities a secret.
VHS, as is typical of vaporwave artists, prefers to remain anonymous. They even requested to keep their age and location a secret, stating only that they live in the United States and that they are between 18 and 21 years old.
“[Anonymity] is a big part of [vaporwave]. Everybody likes to not put a face on this kind of music,” says VHS. “I think it’s a good thing because the music maybe exists in kind of a legal grey area, because of all the sampling involved. But overall, I think the artists want to maintain a mystique and an anonymity that makes it more about the music and what you are presenting than about the person behind it.”
Wolfenstein OSX, a vaporwave artist and documentarian who also wanted to keep his identity a secret, believes that discretion in vaporwave is more musically driven than legally.
“I think it’s just because of how glorified artists are in music today,” says Wolfenstein. “The sense of anonymity helps the listener pay more attention to the music and less so to who is actually making it. It’s a good counter against top 40 radio and these superstars that are forced upon us as icons.”
Legal precedent aside, anonymity is an important part of the whole confusing ensemble that makes up vaporwave’s aesthetic.
“Vaporwave is at least 50 per cent visual in my eyes,” says VHS. “It is really more of an umbrella term that covers a whole bunch of different sounds that people are making right now, and what ties it all together are the visuals and the aesthetic and the presentation.
While the music is easy to describe, the art and rules that accompany the scene’s community are as impenetrable as the websites that spawned it. Vaporwave is not meant to be accessible. It was made by young people for young people, and it was created on their turf – the internet.
Where precisely the first instance of vaporart started is still a contentious point, but the general consensus is that it first cropped up on sites like 4chan, Bandcamp, Reddit and Tumblr around 2011. And much like anything spawned by impenetrable internet forums and image boards, the rules behind what makes something vaporwave are intentionally convoluted.
Take the following video for instance.
This is one of the most iconic vaporwave songs from arguably the most famous album in the genre’s canon. All seven minutes and 21 seconds of the track are simply Diana Ross’s “It’s your move” slowed down and looped continuously.
But beyond being a sterling example of vaporwave music, it’s also a good illustration of the genre’s aesthetic. The image has bright neon pink colours, an ancient Greek bust, a futuristic feel, the artist incorporates technology in his name and the song title has Japanese characters (translates from Japanese to “Lisa Frank 420 / Modern Computing”). These are all key elements that make something vaporwave.
Other aesthetic elements included in typical vaporwave album covers but not pictured in the image are: Japanese anime, glitch art, tropical scenery, the fetishization of retro-futuristic technology and pop culture nostalgia from the 80’s and 90’s.
The recipe for vaporart is deliberately confusing and its ingredients arbitrary. The intentional obfuscation of the foundation of vaporwave is akin to an invented language or code shared between teenage siblings to keep their parents out of the loop. If you have to ask what vaporwave is, you’re probably missing the joke.
Everything about vaporwave’s nature is meant to fight the principles of mainstream music: the faceless artists who change names, the mix of Japanese and English words that make it difficult to share and the endless criteria for what makes something vaporwave.
More importantly, vaporwave is a reflection of the internet. Or at least, the corner of internet that belongs to bored, rebellious millennials who understand the web better than their parents ever will.
Its’ hard not to draw parallels between vaporwave and punk, both are DIY movements started by kids fed up with their parents’ music. In his mini-documentary, Wolfenstein OSX points out the same comparison.
“Looking on the vaporwave genre tag [on Bancamp] you’ll find stolen music made mostly by young adolescents in the basements of their suburban homes all across the world. It’s been described by some as a digital punk movement with ideals that counter most national concept of ownership by making vaporwave an anonymous art for anonymous people.”
Wolfenstein isn’t the first person to draw comparisons between the two wildly different sounding genres. Co-founder of the online underground music collective SPF420, who goes only by Liz, was quoted saying in the documentary SPF420:
“Vaporwave, in my opinion, is our current punk scene, the digital rebels, those who steal others’ music just to manipulate it and chop it up a bit.”
The rise and fall of vaporwave
In August 2010, producer Daniel Lopatin released an album called Chuck Person’s Eccojams Vol. 1 under the moniker Chuck Person. The release was comprised of chopped up 1980’s pop hits such as Toto’s “Africa” stretched, slowed down and looped.
“[Eccojams] is considered the very first vaporwave album. The first time I heard it I thought it was too slow, I thought the quality was terrible and I couldn’t understand why the quality was so bad until I realised it was supposed to be bad,” says Digital Voyager.
Five years on, the album is credited with inspiring the sound of the entire internet-based genre.
While stylistically unique, vaporwave is not alone in its status as a net-born micro-scene. The early 2010’s were rife with similar phony sounding web-cultures stealing headlines everywhere from Vice to the New York Times such as witch house, chillwave and, most notably, seapunk.
It is impossible to talk about vaporwave without mentioning seapunk, the nautical grandfather of vaporwave.
In 2011 a Brooklyn DJ under the Twitter handle Lil Internet posted this.
This tweet spawned more similar tweets and Tumblr posts which inevitably developed into an aquatic rave-themed micro-scene that the New York Times described as a “web joke with music”.
Once mainstream media and celebrities like Rhianna got their hands on it in 2012, seapunk promptly died. Like with any meme, the minute it becomes too popular, it implodes. Much in the same way an eye-rolling teenager doesn’t want to be seen liking the same thing as her parents.
Some qualities of seapunk did leave a lasting impression on people however, namely the vibrant colour scheme and obsession with 90’s cyber culture. Sound familiar? The remains of what was left of seapunk would eventually morph into vaporwave’s aesthetic.
Later in 2011, riding the waves of seapunk’s success, came an album called Floral Shoppe by then unknown artist Macintosh Plus. Floral Shoppe was credited by music sites and magazines like Wire, Tiny Mixtapes and Sputnik Music as being the defining sound vaporwave.
While it undoubtedly lit a fire under the genre and spurred on the creation of numerous similar sounding albums, Floral Shoppe also nearly killed vaporwave by creating a torrent of memes that almost caused the genre to collapse in on itself.
In 2012, Dummy Mag’s Adam Harper wrote an article claiming the genre to be an anti-capitalist music movement, citing vaporwave artists like Internet Club and James Ferraro as challenging conceptions of global capitalism by recycling corporate muzak to send a message.
Adam Harper’s article became the de facto say on vaporwave. Overnight, the genre became synonymous with anti-capitalism and corporate culture, despite the fact that that sentiment wasn’t universal within the community.
“That thought had honestly never crossed my mind [when making music],” says 21-year-old Dallas Cotton, better known by his pseudonym Yung Bae.
The article divided the fan base into those who agreed with the criticism and those thought it missed the mark entirely.
“You have two sides of the fence. You have this side of the fence, the people that make [vaporwave] for nostalgia or for the corporate thing. They care about everything but the music itself almost. They just care about the concept,” says Digital Voyager. “To me a lot of that is nonsense. Then you have this side of it. People that just want to make cool music to listen to. Music for the sake of music. At the end of the day, the music has to stand for itself.”
Whether or not Adam Harper’s article was accurate, it caused a media domino effect. Vaporwave began to find itself in the headlines. Between increased popularity and the recycling of exhausted memes within the genre’s community, it began to suffer.
In the same way that online popularity invites fans it also attracts the scorn of internet bullies, and the genre soon fell victim to the rapid saturation of satirical music that cheapened the genre. That spoof music was dubbed broperwave, a portmanteau of ‘bro’ and ‘vaporwave’. Broperwave flooded bandcamp, youtube and soundcloud with faux-vaporwave that expounded on the worst tropes of the genre (example below).
Please click on the screenshot to be able to see what it says. https://allcapsandaltkeycodes.bandcamp.com/album/-
Finally, in 2013, Ramona Andra Xavier, a young female producer and graphic designer who had been moonlighting as prolific vaporwave pioneer Vektroid, said she was retiring from the genre. Vektroid claims on her website to have released over 40 unique works since 2005 (most vaporwave), all under different pseudonyms like Macintosh Plus, Laserdisc Visions, 情報デスクVIRTUAL, New Dreams Ltd. and PrismCorp – essentially making up the lion’s share of vaporwave’s most loved artist. Imagine if The Who, The Rolling Stones and David Bowie had all abandoned rock music at the same time. It was as if half of the genre disappeared over night.
“Vaporwave is dead” became the new motto of the web.
Surviving the big squeeze
In today’s social media climate, where everything is digested and dismissed in the blink of an eye, it’s almost not worth caring about anything on more than a dispassionate, ironic level.
Neil McCormick, music critic at the Telegraph, believes that in the internet age things aren’t given a chance to grow.
He says: “How can a scene germinate when you’re last week’s news as soon as you’re this week’s news? Those are all the problems that new scenes in music have.”
The new test, which vaporwave may be the first to pass, is surviving the big squeeze – the moment when an idea has its day in the digital sun. If an idea has the legs to stand under the weight of trending on Twitter, people will eventually grow bored and leave it alone. Only then can it truly grow and evolve, nurtured by a genuine fan base that think of it as more than a passing fad. This is a reality that all movements may have to deal with in the future.
Please click on this screenshot to actually read what it says.
This graph of Google search trends tells the story of two similar genres. How they both experienced a spike in popularity, with only one coming out alive. And vaporwave, for being an allegedly dead genre, is still very much thriving. If this graph is any indication, its heart is beating stronger than ever. The question is whether or not this is because the media dogpiled seapunk more so than vaporwave or because vaporwave had more substance and a stronger community to support it.
“I think the reason why vaporwave is still around is because it’s become more than it was initially created to be,” says Wolfenstein. “Floral Shoppe was created to be slowed down 80’s elevator music, and that’s where vaporwave started. But now over the years it’s incorporated other forms of music. It doesn’t have to be about the 80’s and 90’s. It could just be experimental ambient music with a weird conceptual theme.”
Vaporwave has undergone an evolution that normally takes a music scene decades to achieve. It’s gone from Daniel Lopatin’s joke to an anonymous micro-culture of kids stealing music, to becoming the punchline of the internet. And now finally out of the limelight, vaporwave has developed into a healthy community with multiple subgenres of its own and a handful of legitimate music labels. It owes the acceleration of its lifespan entirely to living under the microscope of the internet.
Even the aesthetic has changed, for better or for worse.
https://dreamcatalogue.bandcamp.com/album/deep-web-rising
“I think for the music to grow the aesthetic needs to develop as well,” says Wolfenstein. “If you look at all the different album artworks now, It’s mostly becoming more about trying to make something look like it’s found somewhere random, like an archived image that you stumble upon, which is kind of something that’s a relatively new phenomenon, especially with the internet because there is so much information you can find anything you want.”
Not everyone is pleased with the changes to the genre. Artist Yung Bae said that he believed vaporwave to be “on the decline”.
Whether or not the genre has strayed too far from its roots, its journey through the gauntlet of dismissive cyber culture is unfortunately indicative of what the next generation of dreamers and creatives have to look forward to. But not everyone is so pessimistic.
“I think it can only go up from here. People keep saying vaporwave is dead, I don’t think it’s ever been more alive,” says Wolfenstein.
The best albums of July 2015
August 1, 2015 December 2, 2015 Leave a comment
Vundabar – Gawk
Album of the month, easy. Just go buy it.
spotify:track:519TPnyOhumIYoFedTZEj3
Tame Impala – Currents
Thirteen tracks of pop-y goodness. Had the second side of the album been as good as the first, we’d be talking AOTY status.
spotify:track:0xtIp0lgccN85GfGOekS5L
Ducktails – St. Catherine
Matt Mondanile’s umpteenth LP as his solo act is much more clear and polished than anything he did on the Wish Hotel EP, which is equal parts disappointing and encouraging.
spotify:track:13T0Dz9eoTXwdfLFNCb26y
Steelism – The Drawing Room, Volume 1
This instrumental EP packs more styles of music into five songs than most bands do in the entire evolution of their discography.
spotify:track:34lCDFJnmJDeoOFBVTis1A
If you can’t beat em, leak em
Four months ago I sent an email inquiring about a writing job at a music review website. The editor, who also happens to run a small indie label, wrote me back in a fury:
“Hi Gianluca, I must admit that as someone who runs a record label and whose ability to pay writers is completely destroyed by illegal file sharing as without record sales labels cannot afford to advertise with us, it’d be difficult to work with someone who contributes to a site a lot of artists and labels would like to see closed down.”
The site I contributed to that he is referencing is hasitleaked.com, a place where overly enthusiastic music fans post updates reporting whether or not an album has been leaked and where it can be found (though providing direct links is prohibited, which is how the site remains legal).
Leaks are all over the news at the moment. This doesn’t mean that there have been more leaks than usual this year, but that the musicians are more high profile. Artists like Madonna and Bjork had their respective LPs leaked months before the set release date. Both were featured on Has It Leaked and both handled the adversity in wildly different ways to different ends.
Living with Leaks
Hasitleaked’s existence is a testament to just how widespread of an epidemic music leaks have become. Since Napster’s baby steps and subsequent battle with Lars Ulrich over the premature distribution of a Metallica song, leaks have become less a disease crippling the music industry and more a natural disaster. And much like a natural disaster, let’s say hurricane, you don’t have much choice but to board the windows, bear down and wait out the storm. It’s the difference between actively fighting to cure something and learning to accept the inevitable. Bjork and Madonna’s reactions to their respective leaks are a good example.
When her album leaked months early, Madonna began by posting on twitter: “This is artistic rape… This is a form of terrorism. Wtf!!!! Why do people want to destroy artistic process??? Why steal? Why not give me the opportunity to finish and give you my very best?”
This led to obvious backlash from ornery fans and easily upset twitter trolls everywhere.
Bjork handled things much better. When her album Vulnicura was leaked in January she called her agent and arranged to have the album released within the next 24 hours and provided a free stream. These armchair pirates pursue leaks not because they revel in the thrill of committing a crime but because there isn’t an easier option.
Staffan Ulmert, artist and founder of Has It Leaked, sees what Bjork did as the best course of action: “Few music fans actually like piracy, they just want to listen to their favorite artists and sometimes they get the opportunity to listen to it early, and it’s difficult to say no to that. It’s not about not wanting to pay for their music, but getting their hands on it in advance.”
By releasing the album immediately after the leak, Bjork beats the leakers by playing their game.
This is difference between treating the problem like an epidemic as opposed to a hurricane. Better to live with the wind than spit in it. In 2000 it was possible to plug a leak. MP3s were still mind-boggling futuristic and Napster copycats like Ares and Limewire hadn’t quite taken off. It was easier to point a finger. Not exactly a whodunit. Now the internet is saturated with torrents, direct download links and pockets of terrifyingly tech-savvy music nerds covertly sharing files. And that’s just what we can see on the clear web. God knows what piracy looks like in the seedy underbelly of the web where Google’s reach doesn’t extend. The point is that now, once something is leaked, it stays leaked.
How leaks affect the artist
The editor who rejected me followed up his initial email with a more comprehensive argument against leaks:
“Leaking is such a massive problem for artists (I’ve known of people who’ve suddenly flipped into massive depression because their album has leaked, records where any chance of it reaching more people has been ruined). And where the leaks can be found are on websites where some really unpleasant people make a huge amount of money from all the traffic.”
He raises some valuable points. Leakers may not all be ski-masked hackers but they aren’t necessarily paragons of virtue either. It’s not all done in some misguided crusade for the greater good of music. Someone somewhere is making dollars and cents out of it and it’s not the artist.
The source of most leaks are attributed to sloppy music journalists or staff within the label. The motivation behind the leak, especially in the case of major artists, is often bribery. The best example being the infamous leaker Koolo who would purchase leaks (via Paypal, as easy as that) of high profile acts like Eminem and then leak them to forums. While leaks may be here to stay, they’re rarely beneficial. In this Staffan Ulmert and my anonymous editor friend agree:
“They hurt sales, no question about it. There are exceptions; artists and labels who are good at turning a leak into a news story and spin it into something positive. But often those exceptions are rare, and are labels with bigger budgets to play with.”
Leaks can be emotionally devastating as well. Louise Hammar, who co-runs one of Sweden’s biggest indie labels Telegram Studios, thinks that while leaks are a fixed structure in the music industry, that doesn’t mean they aren’t poisonous for the musician: “The artist will be affected. They will feel, most likely… they will feel like shit.”
Caribou, a Canadian electro-pop artist, has actually never experienced releasing an album on its intended date. He told Gawker:
“To put it in perspective, all of the records I have released have leaked months in advance… My initial reaction was disappointment that there wasn’t going to be that moment that I’ve never had, where everybody’s waiting until the very day it’s released to hear it at the same time. It’s a bit of a shame in that it’s not a shared experience on the release date, but apart from that, I’m glad that people are listening to it.”
Caribou’s view is arguably progressive. Perhaps it’s older artists like Madonna that still react poorly and pitch a fit like Lars Ulrich did so many years ago. Maybe this new generation of creatives, because they’ve grown up with Napster, are more inclined to see leaks as just another of the evils released from this millennium’s Pandora’s box that opened with the advent of the internet.
The ACBs // Interview
It’s been two years since indie power-pop band The ACBs released Little Leaves, the criminally underrated follow-up to the promising Stona Rosa. The Overdub got a chance to chat with members of the band about what they’re cooking up for 2015, the inspiration behind Little Leaves, and taking mushrooms in Pennsylvania. They were even kind enough of to let us hear a demo from their new album!
It’s been over two years since Little Leaves was released, what have you been up to?
Konnor: I’ve been playing in a band called Shy Boys. We’ve been touring and putting music out for the last year or so.
We (ACBs) haven’t played a ton of shows since touring for Little Leaves, but we’ve been getting together pretty often to work on new songs.
What’s your song writing process like?
Konnor: I record ideas I have on my phone or recorder. It’s usually just a melody. When I’m actually at home and in the mood to work on stuff, I’ll listen to some of the voice memos, and if something stands out, I’ll tinker with it. I demo lots of stuff on my laptop and send them to the band. If they like something, we’ll work on it together from there.
I read that the album title “Little Leaves” was inspired by solitude and Konnor’s job as a landscaper. Can you give me some more insight on the inspiration behind the songwriting on Little Leaves?
Konnor: Yes, I work as a landscaper, and I mostly work alone. In the fall, work slows down and the only thing left to do is clean up leaves.
My method is to blow/rake the leaves into big piles, then run over the leaf pile multiple times with a big mower, in a circular pattern, to mulch them up into a smaller pile of shredded leaves to be loaded onto my truck or trailer. As far as I know, this is a pretty standard method for leaf removal.
At a certain point of the fall season, it starts to feel a little extra lonely out there. It gets colder and more quite outside. Work slows down too, so this is when I’m usually working on songs the most.
I associate a lot of the songs on the album with the fall season. And when I think about the fall season, I picture those crushed-up leaves.
Can we expect a follow-up album in 2015?
Konnor: Yeah, we’ve been putting together songs and we’re pretty close. I guess one good thing about our lack of success is we feel no pressure to put something out fast. I wouldn’t rush things for the sake of staying relevant. The ultimate goal is to make something as good as it can be.
But the short answer is yes, we should have something out in 2015.
What is the inspiration behind the lyrics “glue diet, nobody wants to try it” on the song “Glue Diet?
Konnor: The track is a demo of a song that’s going to be on the next album. There’s an album worth of demos, and we’re now in the process figuring out how to play and record the songs as a band.
Lyrically, it’s just a silly song about keeping to a light amount of drugs, and not going too far with anything.
How similar is this to what we can expect on your next album, lyrically and musically?
Konnor: There probably won’t be many songs with bongos in them, but this is generally the tone of the next album. I’m thinking it will be more groovy and less guitar-driven.
It took some digging but I finally found your first self-titled album on your old Myspace, I was pretty amazed by the change in sound between then and Little Leaves. Can we expect a change in direction, as far as sound goes, on your next record?
Konnor: I’m pleased to hear that Myspace is still up and running.
We started off as kind of a power-pop band. It’s sometimes painful to listen to those old songs, specifically because of the way I sang them on the recordings. I was really pushing my voice, and trying hard not to sound nasally. Our second album was a little more relaxed, and Little Leaves was even more relaxed, at least vocally.
The goal for me is to take the “performance” out of things.
I don’t want to make two albums that sound the same, so the next one will probably be pretty different.
Kansas City is the city with the second most fountains in the world. Did you know that?
Konnor: I used to hear that a lot growing up. I guess it’s true? It could be that most cities simply aren’t vying for that title.
What’s the deal with this photo?
Konnor: That’s Bryan, wearing a Lord of The Beer shirt. The guy in the Gandalf outfit is a friend of ours – not actually in the band. I don’t know why I made it our Facebook profile pic, but it always brings me joy.
Any interesting or amusing tour stories?
Bryan: (sober account of events): There was one pretty hilarious adventure that happened to us between shows in Louisville and Philadelphia last summer. We had an afternoon to kill and were looking for a natural spring a little bit southeast of Pittsburgh so we could swim and chill out. We also had the idea to eat some mushrooms beforehand to make the trip that much better. I volunteered to drive so I was sober as a mule and really enjoying the scenic drive we took to get to the swimming hole. After a couple of wrong turns, we eventually figured out the directions via internet message board instruction and found a couple of other cars parked by a railroad track next to a shallow creek bed.
The instructions, again, I think they were from various internet sites purporting to be experts in Pennsylvania’s natural watering hole locations, advised us to follow the train tracks across the creek bed and eventually you would find a nice watering hole. Now, the train track basically acted as a bridge over the creek bed and I would say it was about three stories high and maybe 200 feet from where we parked our van to the opposite side. As we started on our way, some kids were coming back towards us having completed the same activity we were attempting. They were real nice and gave us a vague idea of where we needed to go to find the best place to swim. I remember one of us asking whether or not any trains ever cross and one of the kids advised, simply, ‘no’.
At this point, I believe the mushrooms had kicked in for everyone so we were all in a great mood and looking forward to the swim. As we continued on the tracks for about 15 minutes, the only negative was all of the trash we encountered, pointing to the popularity of the spot and a seemingly strong Juggalo vibe. Lots of Faygo lying about. Faygo or no, we would not be deterred in getting our swim on so eventually we found a small fall where the water was about crotch high and the current was strong. Everyone grabbed a spot so as to not get swept away and we had a nice little hang even though swimming was now out of the question.
About a half hour after we had found our spot, it started raining which added to the experience. I really enjoy driving through Pennsylvania and encourage anyone to explore the countryside if you have a chance. It started getting dark because of the cloud cover so we started heading back in what was now just a light drizzle. Some fog had also set in which made the walk kind of surreal and limited visibility to probably 50 feet or so. We were having a ball, refreshed, relaxed and feeling good.
Finally we came upon the bridge with our van sitting across the way, which was a relief as all of our gear was inside. About half way across, we all had to stop just to take in the sheer beauty of our surroundings. Kyle, our drummer, decided to take a picture and as we huddled together so that he could get us all in the frame, a train whistle sounded. What I remember first was seeing the reflection of the light hit the rocks as the train was rounding the bend in the tracks. We were in the absolute worst spot as we had stopped exactly in the middle of the tracks to take in the view. The next thing I saw was the smoke billowing over the tree cover and seconds later, you could make out the train coming our way. From the get-go, I had the sense that we had enough time to make it back to the side from which we came so I remember ordering everyone back that way saying only “Go, Go, Go, Go!”. Again, we’re running across tracks that are a sheer drops down to very shallow water on both sides. To add to the degree of difficulty, the space in between single wood tracks was such that you couldn’t easily step on one after the other in a regular running motion. Even still, I thought we could make it without having to jump a la ‘Stand By Me’ and risk a broken leg or pull a ‘Lost Boys’ and hang over the edge while the train passed overhead.
I think I was the first to make it and Konnor and Kyle were close behind. The next closest guy was Ross and I’d say he was 10 feet from the end when he tripped and bought it. Kyle immediately ran out to help him which earns him the Medal of Honor in this story. Both guys were back but Andrew was still a ways out due to the fact that he, perhaps wisely, elected to run on the outside of the track in case he needed to jump. I felt that he still had a good 20 seconds before the train would catch up to him and we all cheered him on saying there was no problem…he was going to make it. He did make it and once the train passed, we all just started laughing maniacally.
I drove home and once we got to a gas station by the motel we were crashing at that night, I couldn’t stop shaking my hands for about 15 minutes as the adrenaline had finally caught up to me. My wife was pretty pissed that I told her about it then instead of waiting until after the tour. I think we watched ‘Grown Ups’ that night. It was as awful as we imagined it would be.
Konnor: (non-sober account of events): Yeah, we all almost died once on a bridge somewhere in Pennsylvania.
We had an open date coming back from the east coast, so our idea was to take mushrooms and find a place to swim. We found an online map to a swimming hole somewhere in Pennsylvania and went on kind of an adventure.
It was hard to find, and the only way to get to the creek was to walk across this scary bridge. It was pretty high up, and it was just train tracks, so there was a wide separation between the railroad ties. You had to carefully walk across while looking straight down at the rocks below.
We had a great time in the water, and after a while it started getting kind of dark, so we started heading back. It suddenly started raining pretty hard, and it was actually kind of nice since we were already wet. The rain finished just as we neared the bridge, and it was a beautiful sight. It was super foggy and we were feeling fine.
We got about halfway across the bridge and Kyle wanted to get a selfie taken of all of us to capture the moment. We all got together to take the picture when we suddenly heard a loud horn. It took a second for the gravity of the situation to sink in. There was a second horn, and the light of a train cut through the fog. It was terrifying.
Bryan, the only one that hadn’t eaten mushrooms, made the call and shouted for us all to run the way we came, as the train barreled toward us. We all had to run on this train track bridge, which was kind of hard to do. Ross actually fell down and Kyle or somebody ran back to help him up. Andrew was the last to make it to safety, I think. He was running on the outside of the tracks preparing to jump I guess. We all made it safe, but it was pretty close.
I know this sounds exactly like the scene in Stand By Me, but it is actually what happened and it was very scary.
Homegrown garden-variety beats
March 30, 2015 September 7, 2015 Leave a comment
The Overdub meets up-and-coming rapper Joash Brian at his home in London.
In the London borough of Harrow, behind an unassuming house, people are making music – and they’re making it in a tool shed. The back garden shack looks like the type of sturdy lean-to where someone might hang their shovels or stash Christmas decorations, but beyond the shabby wooden walls is a laboratory of hip hop beats. This is Joash Brian’s second home. His actual home is five meters away.
“My brother and I built it ourselves about a year ago,” says Joash. He points to a square outline of bricks that surround the studio and says that they had originally built it much bigger but the borough had them it take down because of building regulations.
In the cramped darkness of the studio, Joash pens lyrics to a new song while his brother/producer, Herman, expertly spins and twists knobs on a sound board creating massive beats with deep warbling basslines that drown out the death rattle of the ancient space heater in the corner. They bob their heads in unison as Joash scribbles in a tiny notebook, his black braids hanging like a curtain obscuring his face. The brothers work together fluidly, talking in half-finished thoughts that the other understands.
“Having my brother in the studio, well, that’s someone who really gets me… it’s good to work with him because the feedback between me and him is really good. We don’t hold back anything.”
Soon producers and musicians arrive, filing into the already confined hut. Though hours go by, nobody leaves, and the studio begins to feel like a warm, thumping clown car. These musical creative types seem to gravitate to Joash’s studio. Along with a professional set up, he has the enviable quality of radiating capability and is somewhat of a Swiss Army knife when it comes to production skills.
“When I’m not writing or recording, I’m directing videos or editing video, so it’s pretty much constant, constant production. I’m always around the music, that’s all I do really. I go to sleep at five in the morning and wake up at eleven, back on the scene. It’s music, music, music.”
Joash’s multi-skill set comes from the winding road he’s taken to get to this point. Though he studied to be a cartoon animator, he found himself at the United Nations in Rome editing videos about agriculture. He says he owes his path so far to his multi-nationality.
“Being so multi-national is crazy. I’ve been in radio stations is Kenya. I’ve been in radio stations in Italy. I’ve been in radio stations in the UK. I’ve had different music for each country, something that appealed to that market, but I’ve been in living in the UK for a long time and that’s why my music and expressions are in English. But my Italian side really puts the emotion in the music, and the Kenya side is like finding my roots.
In a world filled with tens of thousands of aspiring wanna-be rappers, Joash maybe be the only Italian speaking British Kenyan. Even his dreams are cross cultural.
“I keep dreaming that I’m in Italy at my aunt’s restaurant,” says Joash. “But every time I dream of this place, it changes. Like, I know that I’m in the same place but the hotel is always different. I kind of find that hilarious.”
It’s reasonable to chalk up his strange dislocated dreams to jet lag, having just returned from Dubai where he shot a video for his newest song. Now he can add music videos on two different continents to his list of what sets him apart. The video is for a single that will appear on his upcoming project.
“Right now we have the Wonderland mixtape coming out. It’s really almost done and I’m finally happy about that… We’ve got a lot of features and collaborations, so you will be seeing a lot of me this year.”
Check out Joash Brian on facebook here.
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'We're failing aboriginal students': U of S chancellor
Jeremy Warren, Saskatoon StarPhoenix
SASKATOON, SASK.; NOVEMBER 16, 2015 - The U of S Gordon Oakes Redbear aboriginal student centre is set to open early in 2016. Gord Waldner / Saskatoon StarPhoenix
The University of Saskatchewan hopes to answer the calls to action laid out in the Truth and Reconciliation Commission’s final report by hosting a national forum on aboriginal education.
“Building Reconciliation” runs Wednesday and Thursday and brings together 180 university presidents, political leaders and educators from across Canada to discuss post-secondary education for indigenous students. Among the report’s recommendations are calls to establish degrees in aboriginal languages; provide adequate funding for the backlog of aboriginal students seeking higher education; and offer support for educators to incorporate more traditional knowledge and teaching methods in the classroom.
Featured speakers included Assembly of First Nations Chief Perry Bellegarde and Truth and Reconciliation Commission of Canada commissioner Justice Murray Sinclair, among other prominent leaders and educators.
U of S Chancellor Blaine Favel
U of S President Peter Stoicheff and U of S Chancellor Blaine Favel are co-hosting the event. The Saskatoon StarPhoenix interviewed both about the state of indigenous education in Canada. This interview has been edited for length and clarity.
Q: Why is the U of S hosting this national forum?
Favel: The U of S has been at the vanguard of national development in post-secondary education, such as the Indian Teacher Education Program and the Native Law Centre. The U of S is a national leader in designing solutions to increase aboriginal student success. When the TRC report came out, it was met with silence from some Canadian universities. My fear was that this would be just another report that fell off the table.
Q: What are the goals? Will there be concrete changes that follow?
Stoicheff: There are a number of things the U of S is doing and other universities are doing. We need more aboriginal faculty, we need greater visibility of aboriginal cultures on campus, and we need to promote the research into aboriginal languages. The question is, what does all that look like and what does it take to be successful?
Favel: Getting the ball rolling is the biggest effort right now. Next year, hopefully, the baton is passed to another university. Things have to improve. We’re failing aboriginal students across Canada. Not all institutions are doing what they can to maximize success. I’m proud of the work we’re doing at the U of S. There are things we can do better on campus. We have to increase the levels of graduation and indigenous research.
Q: What can universities do that they aren’t doing to improve education for aboriginal students?
Stoicheff: The retention rate for aboriginal students going to second-year from first-year is much lower than for aboriginal students and non-aboriginal students combined. It’s appreciably lower. So one thing we can do, and have been doing in some colleges, is to really concentrate on what it takes to see aboriginal students succeed into second-year. If they make it to that point, the rate of graduation is very high.
Favel: Universities are one of the key institutions the country has that can increase the quality of life of aboriginal people on so many levels. Graduates can provide for their families and be leaders in their communities. Language is the key to our distinctiveness. One of the challenges is how can we develop language programs in Dene, Ojibway, Dakota — Cree is being worked on right now — and Michif for the Metis … There hasn’t been a great amount of investment in aboriginal scholarly research, so creating a standard where we catch up in that space is important as well.
U of S President Peter Stoicheff
Q: The TRC report stated Canada’s goal should be closing the education gap within a generation. Is that possible?
Favel: If you look back at one generation to now, look at how much progress has been achieved. I think it is possible. The need is there and the consequences of not doing anything, of having this permanent underclass in society, is inexcusable in a rich country like Canada. I think it has to happen. I believe we can close the gap. First Nations people will in time through education find their rightful place as partners in Canadian society.
Stoicheff: It’s going to take awhile. The kinds of things we are talking about this week are going to start a course of action that will take a generation to unfold. We’ve seen this in other areas of the world, in New Zealand and Australia where policies and commitments put into place 25 to 30 years ago are now tangibly bearing fruit.
Q: When President Stoicheff talks about “indigenizing the university” what does that mean to you?
Favel: It means making the place more accepting and comfortable for aboriginal people. They see themselves in the university. Their history is respected and recognized. Simple things like naming buildings after famous chiefs. Maybe the outside of a building has Cree language on it. There are simple things you can do that don’t cost a lot of money. There are a whole bunch of things that can be done institutionally. For me personally, it means making the university a place where we feel comfortable sending our children.
Plenary sessions are open to the public. Visit www.usask.ca/trc2015 for a full schedule of events.
jjwarren@thestarphoenix.com
@jjwrrn
Sask. Premier Brad Wall wrong on refugees: Saskatoon imam Environment Canada issues special weather statement for city saying winter weather...
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Book of the Month, Fiction
Whiskey When We’re Dry – July Book of the Month
Whiskey When We’re Dry by John Larison is a refreshing take on the Western genre, written in a vivid style with an instantly unforgettable protagonist.
In the spring of 1885, seventeen-year-old Jessilyn Harney finds herself orphaned and alone on her family’s homestead, longing for her gun-slinging fugitive brother. She binds her chest, cuts her hair, and rides off into the unknown with only her Pa’s gun for company. A talented sharpshooter, Jess finds herself employed by a governor with a personal vendetta against her brother, whose violent militia will stop at nothing to hunt him down. Torn between conflicting loyalties and personal questions about family, identity and sexuality, Jess struggles to ride the path she’s forged for herself.
Whiskey When We’re Dry reads like a classic Western but feels undeniably modern in its themes, seamlessly blending tight-packed action and tobacco smoke with a clever, introspective queer protagonist of colour. It’s wanderlust and wish-fulfilment at its finest, and it’s no wonder the press have loved it so far:
John Larison’s Whiskey When We’re Dry has all the classic elements of a Western saga: endlessly promising yet punishing land, tobacco and booze, corrupt lawman and kindly prostitutes, good guys and bad guys with guns blazing. But it’s the particular story of our hero, Jesse, and her gender fluidity that makes this a truly excellent book”
— Henry Hughes, Harvard Review
A smooth yet bracing Western yarn that both celebrates and subverts the romance of the Old West through more complex contemporary perspectives on gender and race…. As in Charles Portis’ classic “True Grit,” much of the appeal of the telling hangs upon the distinct voice of its narrator, and Jesse’s narration combines folksy vernacular with an easy loping gait.” — Seattle Times
If you, like me, couldn’t get enough of Jess, you’re in luck: the film rights to the story were scooped up sometime last year, meaning we may well see more of her very soon…
Whiskey When We’re Dry is out 25th July from No Exit
(9780857303189, p/b, £8.99)
July 4, 2019 July 16, 2019 featured
Previous Previous post: Magus of the Library review – the wonders of reading
Next Next post: Ducks, Newburyport – July Book of the Month
Joined the marketing team in March 2019, after a stint as bookseller. Likes spaceships, queer lit, and queer lit set on spaceships. Find me on Twitter @vranouk. View all posts by Anouk
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A look ahead at the Toronto Maple Leafs in 2017–2018
Line changes and new acquisitions in store for the Leafs’ upcoming season
By Aidan Currie
Published: 2:14 am, 2 October 2017
under Sports
Tags: NHL, Toronto Maple Leafs
Zach Hyman celebrates his first career goal. TOM SZCZERBOWSKI/CC WIKIMEDIA
http://var.st/2mf
Soon after the Pittsburgh Penguins hoisted the Stanley Cup for the second year in a row, the General Managers (GM) of the National Hockey League (NHL) got on their phones and looked for ways to improve their teams.
The 2017 NHL Entry Draft saw Swiss-born Nico Hischier go first overall to the New Jersey Devils, while Canadian teams like the Toronto Maple Leafs, who selected Swedish defenseman Timothy Liljegren, and the Edmonton Oilers, who took undersized forward Kailer Yamamoto, found themselves with later draft positions thanks to their regular season success.
The Leafs got to work in free agency, signing veterans like Dominic Moore, recent Cup champion Ron Hainsey, and a 37-year-old Patrick Marleau. Leafs Head Coach Mike Babcock kept his players busy over the summer, regularly checking in on them wherever they were training. Babcock even called his top defenseman, Morgan Rielly, telling him to start preparing to play with Hainsey.
With a year that saw them make the playoffs and push the Washington Capitals to six games last spring, as well as a summer of prepping behind them, the Leafs are looking to improve upon their last season. The boys in blue are hungrier, more confident, and better prepared to skate with the best of the best in the NHL.
Calder Trophy recipent Auston Matthews is centring Toronto’s top line in between Zach Hyman and William Nylander. That line will play against the NHL’s top shutdown pairings and defensive lines, but with the firepower of Matthews, Nylander, and Hyman’s brute strength and shot, the top line is expected to produce well.
Leafs fans can also look forward to seeing Marleau on a line with Nazem Kadri and possibly Connor Brown, whose 20 goals as a rookie were only overshadowed by virtue of being on a team with rookie phenoms Matthews, Nylander, and Mitch Marner.
For what seems like the first time in a long time, the Leafs have a solid top four on the back end. Jake Gardiner seems to be playing with Nikita Zaitsev in Reilly’s old spot, while Reilly plays with Hainsey. Hainsey, a serviceable defenceman, is over 35 years of age, which begs the question of whether he can keep up with this young Leafs team.
Around the league there are plenty of storylines to follow. Did the Columbus Blue Jackets just have a fluke season, or are they the real deal? Can Connor McDavid’s Edmonton Oilers go all the way, seeing as they’re the Vegas favoured team to win it all? Speaking of Vegas, how will the Golden Knights do in their inaugural season? Is it possible we will see a Penguins three-peat?
But the most important question on the minds of Toronto sports fans will always remain whether or not the Leafs are good enough. For that, we’ll just have to wait and see.
Stay up to date. Sign up for our weekly newsletter, sent straight to your inbox:
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Ngitini Community
Project Phase: In Service - Oct 2018
Report Submitted by Titus Mbithi, Communications Officer
Titus has a passion for working with local communities to improve their lives through access to safe water. He enjoys the opportunity to take photographs that document the progress of projects and write stories about communities to showcase the changes attributed to a water project.
Titus has been a Communications Officer since 2016, with ASDF, The Water Project's trusted partner in our Southeastern Kenya WaSH Program.
Titus Mbithi, Communications Officer
People in Ngitini Community have to walk for a long distance to collect water and traverse steep and rocky terrain just to reach the source. It is exhausting and dangerous to carry heavy cans of water along that path.
All that effort is to fetch water from a scoop hole that is dirty, untreated and unprotected. It poses a high risk of contracting diseases waterborne such as typhoid, cholera, or diarrhea.
“The water we get from these scoop holes is very little, especially during the dry seasons. It is dirty and we have to spend a lot of time and money to make it safe for consumption,” Mr. Daniel Kyalo, a local farmer, said.
It is very dangerous to consume such water because the water is also used for livestock and other domestic animals. These scoop holes dry up when there are no rains. Some people will dig deeper holes to try and find water, but most will look to other sources for water.
As a result, people turn to the nearby river for collecting water – a source that is also open to contamination and poses a risk to young people who can fall in. The water used for drinking is often untreated in this community, too.
“It is very expensive to treat since the water is salty; washing clothes is usually very exhausting because the soap does not lather,” Mr. Kyalo said.
Kinyenyoni Self-Help Group heard about our work to build dams and new wells from other communities and decided to contact us through a field officer. We learned about their water problems and that fewer than half of households have latrines.
The latrines we observed are rarely cleaned due to the water scarcity. As a result, the latrines have a foul smell and are in generally poor shape. Handwashing is also infrequent as a result of the restricted access to water.
“Our children suffer the most because they usually come home from school very thirsty and that’s the water they will drink because they have no option,” Mr. Kyalo said.
“They fall sick very easily.”
Ngitini Village is a serene rural area that is fairly vegetative, as a result of reforestation. It is fairly flat with very few hills around.
Most of the natural vegetation has been cleared to pave way for agriculture. The area boasts of red fertile soil. The households of the area are made of fairly permanent red bricks and are roofed by iron sheets. Most of the families that we visited had a connection to the main electricity grid.
On an average day for the community members, the women wake up at 6am, go to fetch water, and then prepare breakfast for the family as the children prepare for school.
The men go to the farm to get grass for the livestock and also prepare to run errands. Common tasks include: farming, taking farm products to the market, feeding the livestock, and more.
Most of the families earn their income through farming. For instance, one of the families that we visited were farmers and they had harvested a lot of watermelons.
During the day, the woman does the laundry, tidies up the house, washes utensils and prepares lunch as well as supper for the family.
Our main entry point into Ngitini Community has been the Kinyenyoni Self-Help Group, which is comprised of farming households that are working together to address water and food scarcity in their region. These members will be our hands and feet in both constructing water projects and spreading the message of good hygiene and sanitation to everyone.
We are going to train the self-help group members and their communities on hygiene and sanitation practices. We want to ensure that community members are practicing the day to day habits we are not able to observe during household visits. Food hygiene, water hygiene and treatment, personal hygiene and handwashing will all be a focus during training.
Building this sand dam in Ngitini will bring water closer to hundreds of other people. After the community picked the spot, our technical team went in and proved the viability by finding a good foundation of bedrock. Now, our engineers are busy drawing up the blueprints. We estimate the dam will be 63.8 meters long and 4.3 meters high.
With these projects, clean water will be brought closer to people like Mr. Kyalo.
10/23/2018: Ngitini Community Sand Dam Complete
Ngitini Community, Kenya now has a new source of water thanks to your donation. A new dam was constructed on the riverbed, which will build up sand to raise the water table and naturally filter water. Community members also attended hygiene and sanitation training, and plan to share what they learned with their families and neighbors.
Our Tawa Region Field Officer, Paulson Mukonzi, liaised with the self-help group chairman to organize hygiene and sanitation training. We held sessions at the homestead of Benson Kyalo, the group vice chairperson.
There was a total of 30 out of the 34 active group members in attendance. These 30 people act as representatives of their own households and greater neighborhoods to learn this new information and disseminate it for the rest who weren’t able to attend. On the last day of training, the village administrator attended and was happy with the content being taught to his community.
Our first icebreaker activity
The trainer, Veronica Matolo, organized topics by what we observed and heard during our tour of the community. She and the participants worked through different daily habits and how they affect health, decided what is beneficial and what should not be done. We talked about how diseases are transmitted, and some of the things people can do to build germ barriers.
Ms. Matolo taught how to make a handwashing station called a tippy tap, and shared the recipe to mix homemade soap. She and the group mixed their first batch of soap together during training.
Mixing soap
The group’s favorite topics were on daily habits and water treatment methods. For the daily habit activity, group members split into two groups and sorted illustrations between good, bad, and in-between piles. After some sorting, we joined back together to discuss our reasoning.
We discussed different ways to treat drinking water. Community members said this was special because they had never learned about water treatment before.
A high level of interest, respect, unity, and willingness to change were noticed during training. They were so open in discussing their current habits and were very much willing to change and adopt new behaviors as taught during the training period.
“This training will make a greater impact in every member’s life and their families because we never knew that hygiene and sanitation entailed so much information and requirements,” admitted Mr. Kyalo.
“From today, diseases will reduce because we will improve our behavioral practices; for instance, construction of latrines…handwashing with clean water and soap after visiting latrines, water treatment, among other improved practices.”
Mr. Daniel Kyalo
Stones the community gathered for sand dam construction
It could take up to three years of rain (because sometimes it only rains once a year!) for this sand dam to reach maximum capacity. It is 63.8 meters long and 4.3 meters high and took 880 bags of cement to build.
Sand dam construction was undertaken simultaneously with the construction of a hand-dug well which gives community members a safe method of drawing water. As the sand dam matures and stores more sand, a huge supply of water will be available for drinking from the adjacent hand-dug well.
“Water has been our biggest problem here in Ngitini Village where our community group is based. By working on these kinds of water projects, we hope to harvest enough water and propel the community members to improved living standards and income generation through agriculture – among other activities,” shared Mr. Kyalo.
“Everyone is happy with this water project and we are looking forward to implementing more.”
09/18/2018: Ngitini Community Project Underway
People in Ngitini Community walk a long way just to get dirty water that makes them sick. Thanks to your generosity, we’re working to bring an improved water source to their village.
Get to know your community through the narrative and pictures we’ve posted, and read about this water, sanitation and hygiene project. We look forward to reaching out with more good news!
Project Underwriter - In Memory of Ahmed Samir
Florence MacDougall Community School
Data Abstract Solutions
North Dunedin Baptist Church
Tara Redwood School
Motorola Solutions Foundation Matching Gift
Kristine Baker
Faith Chapel
ATS' Campaign for Water
33 individual donor(s)
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Photo: Kyle Fitzgerald
The Best LED Desk Lamp
We learned that the TaoTronics LED Eye-caring Table Lamp (TT-DL13) is nearly identical to our previous pick, the Fully Lumen, at half the price, so we named the TaoTronics as our top pick.
The Fully is still a good option if our pick sells out or if you’re buying the lamp alongside our top pick for best standing desk.
Anna Perling
After consulting lighting and optometry experts, and spending 32 hours researching more than 40 desk lamps and testing 15, we think that the TaoTronics LED Eye-caring Table Lamp (TT-DL13) is the best lamp for most tasks that require focused light. It has the most brightness levels, color temperatures, and adjustability for customizing your lighting, and its light panel has the least glare.
TaoTronics LED Eye-caring Desk Lamp (TT-DL13)
This lamp has most brightness levels and color temperatures for the price, and has the most intuitive controls. Also, its minimalist design fits in with a wide variety of decors.
The TaoTronics LED Eye-caring Desk Lamp (TT-DL13) has seven brightness levels, with the top level more than bright enough for typical desk tasks; yet no matter how you position the lamp, its frosted panel prevents glare—other, pricier lamps created annoying reflections or bright points of light. It also has one of the most intuitive control panels we’ve seen, and its slim, unassuming shape looks good on a desk or a nightstand.
Fully Lumen LED Desk Lamp
A pricier version of the same lamp
Essentially identical to our top pick, but more expensive unless you buy it bundled with our favorite standing desk.
$75 from Fully
The Fully Lumen LED Desk Lamp is virtually identical to our top pick—the only difference besides branding is that the Fully weighs a half pound more. But it’s more than double the price of our top pick when purchased on its own. It’s half off when bought with our pick for the best standing desk, so if you plan to buy both, we recommend buying the lamp from Fully for a one-stop shopping experience.
IKEA Forså
Although you can’t dim the bulb or adjust its color temperature, you can pick your own screw-in LED bulb for this affordable architect-style lamp. It’s also the easiest to position exactly where you want it.
$27 from IKEA
If you’re not picky about controlling brightness and color temperature, the IKEA Forså is a classic architect-style lamp with a replaceable bulb that you can swap if you want a different light temperature or color. It’s also the most adjustable lamp we tested, and it’s available in more colors. Its classic style may work better with different design schemes if you’re not into the sleek, modern look of most LED desk lamps.
Who should buy this
Our pick: TaoTronics LED Eye-caring Desk Lamp (TT-DL13)
Runner-up: Fully Lumen LED Desk Lamp
Also great: IKEA Forså
To research this guide, I learned more than I ever thought I’d need to know about LEDs—the industry standards for measuring bulb longevity, their energy-saving abilities, and how they affect eye health. That included reading sections of the Illuminating Engineering Society’s American National Standard Practice for Office Lighting and the Nonresidential Lighting and Electrical Power Distribution (PDF) guide by the California Lighting Technology Center at UC Davis and calling the Energy Trust of Oregon to try to figure out how much money LEDs really save.
To determine the features that make the best LED desk lamps, I interviewed five experts: Geoff Goral, senior designer at the Lighting Design Alliance; Linnaea Tillett, head of Tillett Lighting Design Associates; Nicole Graeber, a development engineer at the California Lighting Technology Center at the University of California, Davis; Dr. Gregory Good, professor emeritus of clinical optometry at The Ohio State University College of Optometry; Mark Lien, industry relations manager of the Illuminating Engineering Society; and Wirecutter’s own lighting enthusiast, editor Dan Koeppel.
Desk lamps are frequently called “task lamps,” because they supplement overhead lighting to help you better see what you’re working on—whether that’s reading, cooking, sewing, drawing, or writing. “A general lighting scheme doesn’t address itself to the tasks that you perform in your space … a task light allows you to focus your perception on what you’re doing,” said lighting designer Linnaea Tillett, founder of Tillett Lighting Design Associates.
Another benefit of job-specific lighting is that having multiple adjustable lamps in your workspace reduces the contrast between the object you are focused on and the surrounding area. As Tillett explained, “When you reduce contrast, it’s relaxing for your eye and keeps you from changing your focal perspective.”
You can use a task lamp to customize your lighting situation to suit your mood or match the time of day, something you can’t do with traditional overhead lighting alone. Most of the LED lamps we considered let you adjust color temperature (a measurement that describes the actual color of the light you’re working with). For example, if you work late you may prefer using warmer, golden light (there is some evidence that blue light can affect circadian rhythms and melatonin production, the latter of which can help you sleep). Conversely, “Cooler color temperatures in a work environment give the perception of ‘brighter’ light and can help keep people alert,” according to Geoff Goral of the Lighting Design Alliance. Age, eye health, time of day, and work space can also affect color-temperature preferences as well. Ideally, a good lamp should give you options.
Having multiple adjustable lamps in your workspace reduces the contrast between the object you are focused on and the surrounding area.
Task lights also let you tweak the position of your light source. “A lot of people work in an office space and don’t have the option to dim, move, or manipulate the lights on the ceiling,” Goral said. “With a desk lamp, they can orient it to fit their task … that helps productivity and mood.” With adjustable task lights, overall light can be dimmer, which can save energy (and money) according to our experts.
Compared with incandescent, halogen, or compact fluorescent (CFL) bulbs, LED lamps are cheaper and better for the environment. Most of the lamps we considered for this guide come with built-in LEDs, which may seem odd if you’re used to replacing light bulbs. But LEDs have extremely long lifespans—most of the lamps we considered should last an estimated 50,000 hours—and are very energy efficient.
To sort through the thousands of desk lamps for sale, we searched for editorial reviews of the best LED lamps, although we didn’t find many that were thorough. We considered roundups from Reactual, BestReviews, and We Are Top 10. We looked at top-rated and best-selling models at office supply stores such as Office Depot and Staples; home goods stores such as IKEA, Target, Costco, Home Depot, Wayfair, and Rejuvenation; and the specialty lamp or office-supply sites Lamps Plus, Y Lighting, Fully, TaoTronics, and Varidesk. We also combed through the top 40 Amazon best sellers.
LED technology has become more affordable over the years. We think that most people can get a sufficiently bright LED lamp that dims and has a range of color temperatures for less than $100. Paying more mainly gets you fancier designs and lamps with longer warranties.
Based on our research and interviews with lighting designers, optometrists, industry specialists, and lighting researchers, we looked for LED desk lamps that have the following features:
Adjustable brightness of at least 400 lumens: LED brightness is measured in lumens, a unit that describes visible brightness; watts measure the energy used to produce a bulb’s light and describe heat output. A 40-watt incandescent bulb puts out roughly 450 lumens; an equivalent-brightness LED bulb consumes 6 to 9 watts. Our experts recommend a minimum of around 450 lumens for most people, though after testing, we found that lamps with about 400 lumens are plenty bright for reading and working. (Older people, whose eyes require more light, or people working with fine details, might need as many as 800 lumens, but we focused on general-use lamps.)
A wide range of color temperatures: Color temperature, measured in kelvin (K), is a personal preference. The best LED lamps offer a range of colors that you can change based on your activity. The lighting designers we spoke to recommend a range between 2,800 K and 4,000 K for most people; the LED lamps we looked at have color temperatures ranging from 2,000 K to 7,000 K. For reference, incandescent bulbs are warmer, with a range of 2,200 K to 3,000 K.
A color rendering index (CRI) higher than 80: CRI is a rating scale (from 10 to 100) used to gauge how well a light source represents the true colors of an object compared with daylight. LED bulbs don’t depict colors as accurately as incandescent bulbs, but they come close. LEDs usually have a CRI of around 80; incandescents and halogens have ratings closer to 100, the same CRI as daylight. We don’t think that most people will notice a difference above 80 CRI, but our experts recommend higher CRIs for tasks where color is important, like when working with drawings or photographs.
Glare reduction: You shouldn’t be able to see the diodes (the bright individual points of light) on an LED lamp. This causes glare, which is uncomfortable and distracting (picture seeing stars after staring at a light), and can cause eye strain, according to optometry professor Good. We looked for lamps with a shade or hood that completely covers the bulb and a diffusion panel covering the light source to soften the bright points of light.
No flickering: LED lamps shouldn’t flicker when they turn on. In addition to testing this ourselves, we considered complaints of flicker in customer reviews during our research.
Adjustability: You should be able to adjust a lamp’s beam of light to focus on the task at hand. LED lamps can have gooseneck, pivoting-bar, or cantilever styles. We preferred free-standing lamps that you can easily move around on a desk, table, or nightstand.
Long lifespan: An LED bulb has an average lifespan of 25,000 to 50,000 hours,1 compared with 1,000 hours for an incandescent bulb. All of the lamps we considered for this guide claim a minimum LED lifespan of 25,000 hours. (That’s a big range, and our experts noted that although a lamp may last as long as its label claims, most manufacturers haven’t actually tested for this lifespan. Regardless, an LED bulb will last way longer than a comparable incandescent.)
A good warranty: An LED lamp’s electronic components will probably fail before the bulb itself does. We looked for lamps with a good warranty from a reputable company, or from a place that accepts returns, in the event that a lamp breaks down before the label says it should.
Aesthetics: As with anything going in your home or office, looks matter. We preferred lamps that are functional and match a range of decors. The lighting designers we spoke to said that, when in doubt, a sleek, minimal design in a neutral shade like black, white, or silver will look good in most spaces.
Some of the LED lamps we tested also offer USB charging ports, usually built into the lamp’s base, for phones and other mobile devices. These are nice to have but not necessary. (Many of these ports also charge at only 1 amp, or not much more, while a good dedicated USB charger will charge your phone or tablet much more quickly.)
For our 2018 update, we tested six models that met our criteria: the Fully Lumen LED Desk Lamp, TaoTronics Innovative Metal Design Desk Lamp (TT-DL16), IKEA Ypperlig, Lumiy Lightblade 1500S, and Varidesk LED TaskLamp. We also tested the TaoTronics LED Eye-caring Table Lamp after learning of its similarities to the Fully Lumen. For the initial version of this guide, we tested the Eufy Lumos E1 LED Desk Lamp, Eufy Lumos A4 Desk Lamp, IKEA Forså, Turcom RelaxaLight, TaoTronics Minimalist LED Desk Lamp (TT-DL19), Lampat Dimmable Desk Lamp, Newhouse Lighting 9 Watt LED Executive Desk Lamp, and Koncept Equo.
To compare LED desk lamps, we used them as we would in our day-to-day routines. We assembled them and eliminated any lamps that were exceptionally difficult to set up, that weren’t adjustable, or that caused glare on computer screens or paper due to exposed LED diodes or panels that weren’t adequately covered by the lamp’s shade.
We used the remaining lamps at a desk during work, and then at night to read books and magazines, experimenting with each lamp’s range of color temperatures and brightness settings. To further compare that range, we lined the lamps up side by side to cycle through settings. On lamps with USB-charging ports, we also plugged in an iPhone to test for charge.
The TaoTronics LED Eye-caring Desk Lamp (TT-DL13) is the best lamp we’ve found for task work, and it’s the one we’d pick to accentuate a home-office desk or task table. It has the widest range of brightness and color temperatures of the lamps we tested, making it the most versatile for different moods or times of day, and its frosted light panel diffuses light and prevents glare better than the competition. And its adjustability stands out, thanks to a pivoting head that focuses light at an angle and an arm that reaches over tasks and swivels on the lamp’s base. (The lamp itself is nearly indistinguishable from our runner-up pick, the Fully Lumen, which costs twice as much unless you’re buying the Lumen in a bundle with our recommended standing desk.)
Video: Kyle Fitzgerald
The most important thing in a task lamp is the capability to adjust the lighting to your needs. The Eye-caring lamp makes it easy to select your preferred color temperature or brightness by tapping a button or swiping along an arc of backlit circles, respectively, on a touch-sensitive panel on the base. The seven brightness levels max out at 420 lumens, which is above our 400-lumen minimum and, in our testing, bright enough for everyday desk tasks. (TaoTronics makes a few other brighter lamps, but we found the Eye-caring to have the best combination of color temperature and brightness options, physical adjustability, and aesthetic appeal.)
The Eye-caring has a frosted panel that covers the LED diodes to effectively prevent glare, with a hood that fully covers the top of the light panel. The lamp also never flickered during our testing, casting a pleasing, uniform light.
The Lumen (left) and Eye-caring (right) have different branding and different button backlighting, but the design differences end there. Photo: Michael Hession
The TaoTronics lamp has a diffuse light panel that prevents glare better than the competition. Photo: Michael Hession
The Eye-caring’s touch-sensitive panel lets you adjust brightness (using the arc along the bottom) or color temperature (using the button above). Photo: Michael Hession
The Eye-caring (right) and our runner-up, the Fully Lumen (left), are functionally the same, with a near-identical design. Both lamps come in black and white. Photo: Michael Hession
The Eye-caring is also one of the most physically adjustable lamps we tested, so it’s easy to customize the position of the light to your needs. The head can pivot around its axis and tilt 135 degrees up and down; the body of the lamp can swivel from side to side on the base; and the main “neck” can lean forward and back to reach over papers or other reading material. While reading, I preferred to tilt the lamp over my book for direct light; when using my laptop, I liked to pivot the head up toward the ceiling, illuminating my workspace with reflected light.
The Eye-caring comes with a one-year warranty, but its non-replaceable bulb should last for 25 years, according to TaoTronics’s site. Because LEDs lose brightness over time rather than suddenly going out, we will continue to test the lamp to see how long it takes for the LEDs to fade.
Compared with the many similar bar-style lamps we tested, we like the Eye-caring’s design: Rounded edges make the lamp look tasteful, the touch panel is simple without many icons, and the lamp comes in black or white. The lamp also has a 5 V / 1 A USB charging port on the back of its base for a phone or tablet. Although the Eye-caring isn’t as design-oriented as more expensive lamps from specialty lighting stores, it has the best blend of style and functionality, at the best price, of all the lamps we tested.
Our experts say that some people, including older people or those working on very detail-oriented tasks, may need up to 800 lumens of brightness, and the Eye-caring maxes out at 410. Though that should be fine for most people, check out the Competition section if you need a brighter lamp.
The Eye-caring has a color-rendering index of 80, which, as we mention above, is typical of LEDs. (CRI is an average that’s measured on a scale, and can fluctuate based on the color temperature and brightness selected; a given rating is a minimum CRI.) If you’re working with photos or other tasks where color accuracy is important, this CRI may not be high enough, but you otherwise likely won’t notice a difference compared with higher-CRI lamps.
The Fully Lumen LED Desk Lamp is virtually identical to the TaoTronics Eye-caring Lamp. It has just the same brightness and color-temperature options, the same adjustability, and the same design other than the logo and slightly different designs on the touch-panel labels. In fact, Fully told us that the company worked with TaoTronics to design the lamp. The only real difference is that the Lumen weighs a half pound more, which Fully says is for added stability (though we barely noticed a difference in stability in our testing). But the Lumen costs twice as much as the TaoTronics, so we recommend it only if the TaoTronics is unavailable or if you’re purchasing it alongside our standing desk pick, also from Fully, which drops the lamp’s price to $35.
With seven brightness levels and five color-temperature modes, the Lumen has the same customization options as the Eye-caring. Fully’s site says that the lamp tops out at 410 lumens, while the TaoTronics claims 420 lumens, but the difference wasn’t noticeable in our testing. The Fully has the same CRI of 80 and the same touch-sensitive control panel.
The Fully looks almost exactly like the Eye-caring, and its construction feels the same. It has a similar frosted panel that prevents glare, no matter how you position the pivoting head. It also has a neck that easily extends from the base, a head that swivels to focus light, and a 5 V / 1 A USB charging port on the back of the base for a phone or tablet. It also has the same one-year warranty. We do prefer the Lumen’s even-subtler touch-sensitive panel, which has a slightly different icon to indicate brightness or color-temperature changes, and yellow-green backlighting compared with the Eye-caring’s brighter blue backlight, but these differences are minor—and not worth paying twice as much as the TaoTronics to get.
The Lumen’s frosted panel prevents glare just as well as our top pick’s. Photo: Kyle Fitzgerald
Like the Eye-caring lamp, the Lumen can cycle through seven brightness levels and five color temperatures. Video: Kyle Fitzgerald
For people who want an affordable desk lamp and don’t need specific brightness or color-temperature options, the IKEA Forså is a great choice. Unlike the rest of the LED lamps we tested, the Forså just has an on/off switch for a bulb you can purchase separately at the brightness and color temperature of your choosing. The budget-friendly, architect-style lamp is highly adjustable, so you can easily position it over your workspace. The lamp comes in four colors: nickel-plated, black, blue, and green. (For customers in California, the Forså is priced about $5 higher and packaged differently because lamps in California must be sold with bulbs.)
We tested the Forså with IKEA’s recommended 6-watt light bulb that’s equivalent to about 400 lumens. The Forså provides a softer, more diffuse beam of light than our other picks, and you can control the direction of the light by adjusting the Forså’s hood. If you need more light, or a different light temperature, you can always choose a different bulb, up to 40 watts (again, watts measure a bulb’s energy use, while a lumen rating denotes its brightness). And because the Forså’s bulb is replaceable, you can swap it out when it starts to dim instead of having to replace the whole lamp (although it will likely take a very long time for the bulb to die).
The Forså has a more adjustable head and neck than any lamp we tested, making it the easiest to get light exactly where you need it. Because the lamp’s two arms have a joint in the middle, you can easily position light closer to or farther from what you’re working on. You also get about 18 inches of height adjustability. Thanks to its sturdy metal base, you can use a lighter touch to adjust this one: Adjusting the hood takes just one hand, although you may still need to hold down the base when extending the lower arm of the lamp backward and forward.
Like most IKEA products, you’ll have to assemble the Forså yourself, but it takes only a few minutes (making it a small IKEA miracle). Though the Forså lacks the brightness and color-temperature capabilities of the other LED lamps we tested, we like it as an attractive, budget-priced desk lamp that’s available locally at an IKEA store. It’s covered under IKEA’s one-year warranty.
The Lumiy Lightblade 1500S is highly rated by Amazon customers, but after our testing, it went out of stock. However, as of this latest update, the lamp is available again on Amazon. The company doesn’t provide brightness measurements in lumens, but the lamp should put out about 1,500 lumens of light (the measurement is in lux, which measures lumens per square meter, or light in a certain area). That’s higher than our picks, but in real-world use, the lamp didn’t seem all that much brighter. Because its CRI rating is higher than 93, it might be a better choice for artists and photographers. However, the Lumiy’s panel also creates some dots of light because individual LED diodes are slightly visible.
In our experience, IKEA’s LED lamps look great but don’t necessarily function as well as others. The IKEA Ypperlig has an adjustable head and a base that rotates, but the neck doesn’t extend. With this setup, it’s hard to angle the lamp over your work at a desk, but it might work on a nightstand.
We like the sleek Varidesk LED TaskLamp, which can stand alone on the included base or clamp onto a desk to save space. But this lamp has only three brightness levels that max out at 340 lumens, and it offers just three color temperatures.
At 420 lumens, the TaoTronics Minimalist LED Desk Lamp (TT-DL19) is a great LED desk lamp that has a frosted panel for reducing glare, a single 1-amp USB charging port, and a sleek, brushed-silver finish, but it doesn’t offer as many brightness levels as our picks. Its head also doesn’t pivot, making it less adjustable than our picks—we couldn’t angle the head toward a monitor or laptop, only extend it.
The Lampat Dimmable Desk Lamp is an inexpensive lamp that’s highly rated on Amazon, but the LED panel created the most glare of any lamp we tested due to bright, exposed diodes that are not covered by a frosted panel. This lamp works fine but seems like it’s of poorer quality than our picks—its rectangular base, red-backlit touch panel, and cheaper-looking black plastic make its design feel a little dated.
We tried the spendy Koncept Equo based on the recommendations of the lighting designers we interviewed, who like this brand and urged us to test lamps with as long a warranty as possible (the Equo has a five-year warranty). We also wanted to see if a $200 lamp was that much better than a $50 lamp. It wasn’t. Although the Equo does look great, its LED diodes aren’t recessed, causing glare, and though you can pivot the lamp’s head, doing so may have you looking into that glare because there’s no frosted panel covering the diodes. Although you can buy the lamp in either of two color temperatures—3,500 K or 4,000 K—each model has only three brightness levels.
The Turcom RelaxaLight is one of the brightest lamps we tested at 1,000 lumens; it also has a wide range of brightnesses and color temperatures, and it’s reasonably priced. It’s a fine lamp, but not one we’d buy. Although the head on the lamp pivots and the panel is frosted, the LED diodes are still visible beneath the panel. When you change the color-temperature setting, some diodes change colors while others don’t, creating a distracting pattern.
We tested an updated version of the Newhouse Lighting 9W LED Executive Desk Lamp, but it has limited availability online. With 630 lumens of brightness and three color-temperature modes, it’s another fine lamp, but one with a smaller range of color temperatures than any adjustable LED lamp we tested.
The Illuminating Engineering Society provides a projection for LED lifespans called the TM-21-11. Using data from a test that measures the depreciation of LED light output over a minimum of 6,000 hours, brands extrapolate the results to measure when the LED’s output should drop below 70 percent of its original brightness (a level considered to be the end of an LED’s useful life, though the lamp will continue to work after this point, just getting progressively dimmer).
Jump back.
Geoff Goral, Lighting Design Alliance, phone interview, May 31, 2017
Linnaea Tillett, head of Tillett Lighting Design Associates, phone interview, June 1, 2017
Nicole Graeber, development engineer at UC Davis California Lighting Technology Center, phone interview, June 6, 2017
Dr. Gregory Good, professor emeritus of clinical optometry at The Ohio State University College of Optometry, phone interview, June 14, 2017
Mark Lien, industry relations manager at Illuminating Engineering Society, phone interview, June 9, 2017
The Office Lighting Committee of the Illuminating Engineering Society of North America, American National Standard Practice for Office Lighting
UC Davis California Lighting Technology Center, Nonresidential Lighting and Electrical Power Distribution (PDF)
Jackie Bowen, How to Find the Best Desk Lamp for You, Lightology
Sharon Profis, Five things to consider before buying LED bulbs, CNET, March 25, 2016
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Infinite energy
Infinite Energy (magazine)
Free Energy (band)
Characters of Sanctuary
Nikola Tesla (Niška Banja)
These are ten most promising alternative energy sources of tomorrow. It’s a really exciting time to be alive. We have a front row seat to the only known transformation of a world powered by dirty fossil fuels, to a planet that gets its energy from renewable, clean sources. It’s happening just once, right now. Subscribe to TDC: https://www.youtube.com/TheDailyConversation Like our page on Facebook http://www.facebook.com/thedailyconversation Join us on Google+ https://plus.google.com/100134925804523235350/posts Follow us on Twitter http://www.twitter.com/thedailyconvo 10. Space-based solar power http://energy.gov/articles/space-based-solar-power 9. Human Power http://www.scientificamerican.com/article/scientists-harness-human-power-electricity/ 8. Tidal Power http://www.renewablegreenenergypower.com/wave-energy-facts/ 7. Hydrogen (fuel cells) http://www.energyquest.ca.gov/story/chapter20.html http://en.wikipedia.org/wiki/Hydrogen-powered_aircraft 6. Geothermal heat from underground lava beds http://en.wikipedia.org/wiki/Geothermal_energy#Electricity https://theconversation.com/drilling-surprise-opens-door-to-volcano-powered-electricity-22515 5. Nuclear Waste http://nautil.us/issue/7/waste/our-nuclear-waste-is-a-goldmine http://gehitachiprism.com/ 4. Solar windows http://en.wikipedia.org/wiki/Growth_of_photovoltaics http://renewableresourcesinc.com/10-interesting-facts-about-solar-energy/#.VAtud2RdVB8 3. Bio-fuels (algae) http://cleantechnica.com/2014/08/20/alabama-gets-first-world-carbon-negative-algae-biofuel/ http://biofuel.org.uk/biofuel-facts.html 2. Flying wind farms http://newsoffice.mit.edu/2014/high-flying-turbine-produces-more-power-0515 http://www.eia.gov/tools/faqs/faq.cfm?id=427&t=3 1. Nuclear fusion http://www.americansecurityproject.org/10-key-facts-about-nuclear-fusion/ http://en.wikipedia.org/wiki/ITER#Timeline_and_current_status http://www.smartplanet.com/blog/bulletin/nuclear-fusion-from-google-lockheed-draper-fisher/ This video profiles the alternative energy sources of the future and the areas of energy development. Check out our recent series on the solutions to stop Global Warming: https://www.youtube.com/watch?v=PUAnR2PKHIs
Free Energy Light Bulb Like, Share, Comment and don't forget to subscribe! #freeenergy #kingofhomemade
Check out our Patreon page: https://www.patreon.com/teded View full lesson: http://ed.ted.com/lessons/why-don-t-perpetual-motion-machines-ever-work-netta-schramm Perpetual motion machines — devices that can do work indefinitely without any external energy source — have captured many inventors’ imaginations because they could totally transform our relationship with energy. There’s just one problem: they don’t work. Why not? Netta Schramm describes the pitfalls of perpetual motion machines. Lesson by Netta Schramm, animation by TED-Ed.
A wheel that spins forever; a bird that never quenches its thirst; a clock that never stops ticking, an endless source of free energy. These are but the dreams of inventors striving to make perpetual motion machines, machines that can work forever without any energy input. Are these machines possible without violating the laws of physics? No. http://physicsgirl.org/ http://twitter.com/thephysisgirl http://facebook.com/thephysicsgirl http://instagram.com/thephysicsgirl Help us translate our videos! http://www.youtube.com/timedtext_cs_panel?c=UC7DdEm33SyaTDtWYGO2CwdA&tab=2 Unbalanced wheel designed, laser cut and assembled by engineer Kyle Kitzmiller - kylekitzmiller.com Writer: Sophia Chen Editors: Jabril Ashe and Dianna Cowern Host: Dianna Cowern Weather footage: NASA Goddard Zimara’s Windmill drawing: Burton Lee Potterveld Cox’s Timepiece drawing - Mr. Cox’s Perpetual Motion, a Prize in the Museum Lottery, single sheet, 225mm. x 174mm., full-page engraving with letterpress on verso, London, 1774. (Ex) Item 4848706 Music: APM and YouTube Perpetual Motion Machines Impossible Machines
F.S Mackintosh Perpetual Wheel patented in 1823. A strong magnet set in the open slot between sides of the wheel attracts an iron ball. The magnet is supposed to draw the ball to one side of the center to make the wheel permanently unbalanced Website:http://veproject1.blogspot.ca/
Solar? Wind? Coal? Oil? Natural Gas? While we use all of these, could we make the most efficient energy source yet? Watch more: Could We Build A Planet From Scratch? ►► https://www.youtube.com/watch?v=1fUO3Xjlohc&list=PL8L0MzSk_V6JtEDRfRMyb6rFd1acqYSlO&index=49&t=0s Subscribe: https://bit.ly/SubLifeNoggin | Get your exclusive Life Noggin merch: http://keeponthinking.co Support Life Noggin on Patreon: https://patreon.com/LifeNogginStudios Follow Life Noggin! Facebook: https://facebook.com/LifeNoggin/?ref=br_rs Instagram: https://instagram.com/lifenoggin/ Twitter: https://twitter.com/lifenoggin Official Website: https://lnstudios.co/ Watch More Life Noggin: Latest Uploads: https://youtube.com/watch?v=4A6XkYpmidU&list=PL8L0MzSk_V6JtEDRfRMyb6rFd1acqYSlO Big Questions: https://youtube.com/watch?v=rJTkHGXMdb0&list=PL8L0MzSk_V6LtaKh-Eqj7Cs4Tmf5iQPx4 Outer Space: https://youtube.com/watch?v=rJTkHGXMdb0&list=PL8L0MzSk_V6IPWXQvW3Exk9bqGzOdj8Qq Inside the Human Body: https://youtube.com/watch?v=FVnnM6hZ7Wk&list=PL8L0MzSk_V6JoZQ-Sy3eK2rjiDsamxCQs Popular Videos: https://youtube.com/watch?v=1bVfzBD-40E&list=PL8L0MzSk_V6IYeU-cNGR6NYHW19GMiPNy We are LIFE NOGGIN! An animated and educational web show designed to teach you all about your awesome life and the brain that makes you able to live it! We answer questions about everything from inside the human body to deep outer space. Stay tuned for more videos on every Monday and Thursday! Keep On Thinking. Life Noggin Team: Director/Voice: http://lifenogg.in/PatGraziosi Executive Producer - Ian Dokie: http://instagram.com/iandokie Director of Marketing: http://lifenogg.in/JaredOban Animation by Robert Grisham Written by Sophie Bakoledis: https://www.instagram.com/sophieexplorestheworld/ Sources: https://www.eia.gov/outlooks/ieo/pdf/0484(2017).pdf https://www.eia.gov/energyexplained/index.cfm?page=nuclear_home https://www.nrc.gov/reading-rm/doc-collections/fact-sheets/byproduct-materials.html https://www.eia.gov/energyexplained/index.cfm?page=wind_environment https://www.ucsusa.org/clean-energy/renewable-energy/environmental-impacts#.WmpaulPwbfZ https://water.usgs.gov/edu/wuhy.html https://qz.com/1125355/solar-and-wind-are-now-the-cheapest-energy-around-unless-you-need-to-store-it/ https://www.lazard.com/perspective/levelized-cost-of-energy-2017/ https://qz.com/1077688/solar-costs-in-the-us-beat-government-goals-by-three-years/ https://arstechnica.com/science/2017/09/solar-now-costs-6-per-kilowatt-hour-beating-government-goal-by-3-years/ https://www.eia.gov/tools/faqs/faq.php?id=107&t=3 https://www.eia.gov/electricity/annual/html/epa_08_01.html https://energy.gov/sites/prod/files/2016/10/f33/Source%20Energy%20Report%20-%20Final%20-%2010.21.16.pdf https://www.eia.gov/tools/faqs/faq.php?id=107&t=3 https://www.osha.gov/dep/greenjobs/index.html https://www.osha.gov/dep/greenjobs/biofuels.html https://www.osha.gov/dep/greenjobs/geo_silica.html https://www.osha.gov/dep/greenjobs/windenergy.html https://www.sciencedirect.com/science/article/pii/S0149197016300774 http://time.com/4756648/batteries-clean-energy-renewables/ https://www.researchgate.net/publication/276164566_Potential_of_lithium-ion_batteries_in_renewable_energy
Arguably the greatest genius of the past 100 years, Nikola Tesla strove to provide the world with free energy. Could he have actually succeeded in achieving this ambition, only for it have been suppressed for financial reasons? Don't forget to Subscribe for more Conspiracies! - http://bit.ly/1dmVsvF A massive thank you to our super fans who have supported us on our Patreon page. Feel free to take a look at the rewards we have on offer for our supporters here: https://www.patreon.com/alltimeconspiracies?ty=h The Phantom Time Hypothesis: http://bit.ly/1HgnN7F ------------------ Watch more Alltime Conspiracies: - Jack The Ripper Unmasked: http://bit.ly/1NwZALn - The Mystery Of The Dylatov Pass: http://bit.ly/1Q8oAKB - How Dangerous Is Israel?: http://bit.ly/1WEQXik ------------------ Support Us On Patreon: https://www.patreon.com/alltimeconspiracies?ty=h Like us on Facebook - http://on.fb.me/1eWsxhV Follow us on Twitter - http://bit.ly/MNqFgY Alltime's greatest conspiracies... http://bit.ly/1eRToNK
To support Kurzgesagt and learn more about Brilliant, go to https://www.brilliant.org/nutshell and sign up for free. The first 688 people that go to that link will get 20% off the annual Premium subscription. Get your Dyson Sphere Poster here: https://standard.tv/collections/in-a-nutshell/products/in-a-nutshell-dyson-sphere-poster If humans want to expand into space, it will take us incredible amounts of energy. How do we do that? Easy: we will just use the sun’s energy by realizing the most ambitious construction project in history. This is how it works. Sources: https://sites.google.com/view/sourcesdysonsphere/startseite Support us on Patreon so we can make more videos (and get cool stuff in return): https://www.patreon.com/Kurzgesagt?ty=h Kurzgesagt Newsletter: http://eepurl.com/cRUQxz Kurzgesagt merch: https://bit.ly/2GeuQxZ Facebook: http://bit.ly/1NB6U5O Twitter: http://bit.ly/2DDeT83 Instagram: http://bit.ly/2DEN7r3 Discord: https://discord.gg/Fsstncs The music of the video here: Soundcloud: https://bit.ly/2EGMyhx Bandcamp: https://bit.ly/2A8CJoC Facebook: https://bit.ly/2GIoZlH THANKS A LOT TO OUR LOVELY PATRONS FOR SUPPORTING US:ShinodaChan, Justin Jo, Ivan Solano, Lars Martin, Bujju, yingrui zhang, Ben Hinssen, Ethan Templin, Cathy Doan, Aaron VanDevender, Tom Ariaudo, Maksim Farafonov, ,Jessica Fleming, Nathan, Daniel Anderson, Jared Lindros, Sylwia Konstantynowicz, David Choy, Alon Shabtay, Leo August, Yigit Yuruker, Abdulla Al-Suwaidi, Amy Mioduszewski, Katie Crawford, Fred O'Connor, Лилия Пирогова, Riley Murray, MiiRshroom, Jelle Kroezen, Gabriel Bailey, Henri Wiedenmann, Rude Dude, David Fleming, Timo Zuccarello, Alexander Schwarz,Riccardo Testa, Xandy Mi, Jason Saladiner, Stefan Nesinger, Jan Prokop, Cameron Stewart Help us caption & translate this video!https://www.youtube.com/timedtext_cs_panel?c=UCsXVk37bltHxD1rDPwtNM8Q&tab=2
http://www.wimp.com/perpetualmotion/
Here I’m building a few Free Energy devices and explain how they work and science behind them. It is important to know how science works. It would be pretty awesome if you support ElectroBOOM at Patreon: http://patreon.com/electroboom My tee-shirts: http://teespring.com/stores/electroboom Enter your school for tools: https://goo.gl/forms/VAgRre8rLVvA1cEi2 Sorry no public scope giveaways this time around ☹ My other articles: https://www.electroboom.com/ Follow me on Facebook: http://www.facebook.com/ElectroBOOM Thanks to http://keysight.com for providing the awesome scope giveaways! Make sure to subscribe to their channel: https://www.youtube.com/user/KeysightOscilloscope Thanks to http://CircuitSpecialists.com for proving my essential lab tools My sponsors and patrons, http://www.electroboom.com/?page_id=727 Below are my Super Patrons with support to the extreme! Nicholas Moller at https://www.usbmemorydirect.com Photonic Induction Videos: https://youtu.be/vs1paqSlpeg https://youtu.be/gSxJyhzJJnY By: Mehdi Sadaghdar -------------------------------------------------------------------------- #FreeEnergy #DIY #ElectroBOOM
http://eternalmotor.blogspot.com https://www.facebook.com/eternalmotor Be Sure to Like Our Page! https://twitter.com/EternalMotor Let me first say something here. This is not perpetual motion in the sense that conventional science would normally think of it. First of all, the law of conservation of energy IS NOT broke here folks and complies fully with most known laws of physics. Those laws do stay intact indeed. However one law that has been broken because of it's age old idea that needs revision is Lenz's law. This law has been broken on two different occasions here, so then there is NO reflection back to the source by the slowing down of the rotor, therefore dwindling the generated energy. No energy is wasted here, every single bit of it is recycled, and then some. Perpetual motion is found everywhere in nature, an atom with the electrons spinning in orbit around the nucleus, the earth spinning around it's star (Our sun), and so forth. As newton put it, an object in motion, tends to stay in motion unless acted upon by an outside source. So in this case a motor has all sorts of losses, resistive losses in the coil resistance, which is inevitable, air friction, gravity friction, and friction in the bearings and then of course bemf, which in this case has been completely eliminated and turned around to act as an advantage, not a hinderance. These frictions are very small losses and there is more than enough energy to compensate for the losses, therefore boosting the energy well over 100% and into over-unity ranges. The motor/generator runs at ambient temperatures, therefore is a room temperature super conductor. Please help with the build of a brand new motor/generator design. It is for you, and the world, our system is collapsing and has already collapsed. Oil plays a big part of the problem, it's an age old technology, and is driven by greed, they don't care about the little people, just their profits. The machine I am currently building will have 9 generator coils and 3 motor coils with 12 neodymium magnets spinning past 12 electromagnet coils, the motor and generator coils. The world needs it, and this is a new evolution, and a new age we are embarking on, we are shifting into new territory within our galaxy, therefore a new and better frequency, it will be glorious! And so I continue to try to make the world just a little better, will you join in the cause? Will you make the world better for yourself and everyone else? The Eternal Motor Handbook has arrived - An eBook that explains how to eliminate the Lenz's Law through the use of high voltage extraction circuits. It's an easy and smooth read that's not too comprehensive and even a common person can understand. This book teaches a lenzless extraction method that involves no work at all to convert static into useable amounts of electricity resulting in more power out than in. The Capacitor Conundrum teaches you how to the most simplistic solid state generator type device that can achieve 125%. http://eternal-motor.com/Capacitor-Conundrum-eBook.html (Proof, Evidence) http://eternal-motor.com/Eternal-Motor-eBook.html On the way next will be a device that can achieve 200% easily! Did you know that every single thing that uses UP power in reality doesn't consume power at all??? This will be proven in the next eBook I will be writing after the experiments are triple checked. In that book I will show you how to run a toy motor from ABSOLUTELY NOTHING AT ALL! and how it does not actually consume electrons, but it is the magnetic field itself from the motor coils that are actually free, and contain the free energy, just like I explained on my original site, this is no joke at all. So Hold tight.
Infinite energy may refer to:
Infinite Energy (magazine), a bi-monthly alternative energy magazine
Perpetual motion, a device or system that delivers more energy than was put into it
Anant Virya ("infinite energy" or "perfect power"), a characteristic of the soul in Jainism
Free energy suppression, a conspiracy theory that says that technology that could produce unlimited energy is being suppressed by special interest groups
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Infinite_energy
Infinite Energy is a bi-monthly magazine published in New Hampshire that details theories and experiments concerning alternative energy, new science and new physics. The magazine was founded by the late Eugene Mallove, and is owned by the non-profit New Energy Foundation. It was established in 1994 as Cold Fusion magazine and changed its name in March 1995.
Topics of interest include "new hydrogen physics," also called cold fusion; vacuum energy, or zero point energy; and so-called "environmental energy" which they define as the attempt to violate the Second Law of Thermodynamics, for example with a perpetual motion machine. This is done in pursuit of the founder's commitment to "unearthing new sources of energy and new paradigms in science." The magazine has also published articles and book reviews that are critical of the big bang theory that describes the origin of the universe.
The magazine has a print run of 3,000, and is available on U.S. newsstands. The issues range in size from 48 to 100 pages.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Infinite_Energy_(magazine)
Free energy may refer to:
In science:
Thermodynamic free energy, the energy in a physical system that can be converted to do work, in particular:
Helmholtz free energy (A=U–TS), the energy that can be converted into work at a constant temperature and volume
Work content, a related concept used in chemistry
Gibbs free energy (G=H–TS), the energy that can be converted into work at a constant temperature and pressure throughout a system
Variational free energy, a construct from information theory that is used in variational Bayesian methods
In economics:
Energy from sources that do not require an input which has to be paid for, (usually a sub-set of renewable energy)
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Free_energy
HIDDEN ERROR: Usage of "Associated_Acts" is not recognized
Free Energy is an American rock band based out of Philadelphia, Pennsylvania. The members include Scott Wells, Paul Sprangers, Evan Wells, and Nicholas Shuminsky.
The Wells brothers and Sprangers are originally from Red Wing, Minnesota, where they first started playing together in the now-defunct hard-core, emo rock band, Hockey Night. Shuminsky, of St. Paul's Superhopper and Malachi Constant, joined Sprangers and the Wells brothers to form the band in the Fall of 2008. Critics have compared Free Energy's sound to 1970s rock acts like Journey and The Cars. The band rose to national prominence in March 2010 with the critically acclaimed release of their debut album Stuck on Nothing, produced by James Murphy of LCD Soundsystem. On March 17, Rolling Stone named Free Energy one of the best new bands of 2010. The band has also received high marks from Spin Magazine, who called their work "excellent". On March 17th, 2010 the band performed on the Late Show with David Letterman. The single Bang Pop was used on the Pilot episode of sitcom Raising Hope. Free Energy toured heavily with Mates of State, Titus Andronicus, Hollerado, Foreign Born and The Postelles. They opened for Weezer during their Memories tour and performed on the Weezer Cruise in January 2012.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Free_Energy_(band)
Nikola Tesla (Serbian Cyrillic: Никола Тесла; 10 July 1856 – 7 January 1943) was a Serbian American inventor, electrical engineer, mechanical engineer, physicist, and futurist best known for his contributions to the design of the modern alternating current (AC) electricity supply system.
Tesla gained experience in telephony and electrical engineering before emigrating to the United States in 1884 to work for Thomas Edison in New York City. He soon struck out on his own with financial backers, setting up laboratories and companies to develop a range of electrical devices. His patented AC induction motor and transformer were licensed by George Westinghouse, who also hired Tesla for a short time as a consultant. His work in the formative years of electric power development was involved in a corporate alternating current/direct current "War of Currents" as well as various patent battles.
Tesla went on to pursue his ideas of wireless lighting and electricity distribution in his high-voltage, high-frequency power experiments in New York and Colorado Springs, and made early (1893) pronouncements on the possibility of wireless communication with his devices. He tried to put these ideas to practical use in an ill-fated attempt at intercontinental wireless transmission, his unfinished Wardenclyffe Tower project. In his lab he also conducted a range of experiments with mechanical oscillators/generators, electrical discharge tubes, and early X-ray imaging. He also built a wireless controlled boat, one of the first ever exhibited.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Nikola_Tesla
The characters in the Canadian science fiction-fantasy television series Sanctuary are predominantly "abnormals": advanced humans or creatures, and the show centers on bringing other abnormals to the Sanctuary in the fictional Old City, for the purpose of protecting the public, as well as the abnormals themselves. Most of the Sanctuary team are abnormals, despite looking human: Helen Magnus (Amanda Tapping) has longevity, John Druitt (Christopher Heyerdahl) and Ashley Magnus (Emilie Ullerup) can teleport, and Henry Foss (Ryan Robbins) is a werewolf. Even Will Zimmerman (Robin Dunne) was twice turned to an abnormal temporarily: firstly in the episode "Warriors", then later in the episode "Metamorphosis". Several of the actors who play their respective characters have been nominated for Leo and Constellation Awards.
Helen Magnus
Doctor Helen Magnus, played by Amanda Tapping is a 162-year-old teratologist (born August 27, 1850 and sent back in time 113 years.) and head of the Sanctuary in Old City. She was born in England during the Victorian era, and was one of the first female doctors and scientists of the Royal College of Surgeons in London. Her father, Gregory Magnus, taught her about his private research of studying and helping the Abnormals. She later builds the Sanctuary Network in Old City using her father's designs to accommodate the Abnormals. On one hunt, she saves Will Zimmerman during his childhood from a deadly Abnormal, though she is unable to rescue his mother. Decades later, she recruits Will as her protege.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Characters_of_Sanctuary
Nikola Tesla is a village situated in Niška Banja municipality in Serbia.
This page contains text from Wikipedia, the Free Encyclopedia - https://wn.com/Nikola_Tesla_(Niška_Banja)
Top 10 Energy Sources of the Future
Free Energy Light Bulbs - Infinite Energy Source
Why don't perpetual motion machines ever work? - Netta Schramm
10 Machines That Claim To Make Infinite Energy
Are perpetual motion machines possible?
Free Energy Machine
Could We Make The Perfect Energy Source?
Did Nikola Tesla Invent Free Energy?
How to Build a Dyson Sphere - The Ultimate Megastructure
Infinite Energy Generator
Free Energy Devices Build and Science
Perpetual Motion and Nikola Tesla (Tapping Infinite Energy)
These are ten most promising alternative energy sources of tomorrow. It’s a really exciting time to be alive. We have a front row seat to the only known transformation of a world powered by dirty fossil fuels, to a planet that gets its energy from renewable, clean sources. It’s happening just once, right now. Subscribe to TDC: https://www.youtube.com/TheDailyConversation Like our page on Facebook http://www.facebook.com/thedailyconversation Join us on Google+ https://plus.google.com/100134925804523235350/posts Follow us on Twitter http://www.twitter.com/thedailyconvo 10. Space-based solar power http://energy.gov/articles/space-based-solar-power 9. Human Power http://www.scientificamerican.com/article/scientists-harness-human-power-electricity/ 8. Tidal Power http://www.renewablegreenen...
A wheel that spins forever; a bird that never quenches its thirst; a clock that never stops ticking, an endless source of free energy. These are but the dreams of inventors striving to make perpetual motion machines, machines that can work forever without any energy input. Are these machines possible without violating the laws of physics? No. http://physicsgirl.org/ http://twitter.com/thephysisgirl http://facebook.com/thephysicsgirl http://instagram.com/thephysicsgirl Help us translate our videos! http://www.youtube.com/timedtext_cs_panel?c=UC7DdEm33SyaTDtWYGO2CwdA&tab=2 Unbalanced wheel designed, laser cut and assembled by engineer Kyle Kitzmiller - kylekitzmiller.com Writer: Sophia Chen Editors: Jabril Ashe and Dianna Cowern Host: Dianna Cowern Weather footage: NASA Goddard Zi...
Solar? Wind? Coal? Oil? Natural Gas? While we use all of these, could we make the most efficient energy source yet? Watch more: Could We Build A Planet From Scratch? ►► https://www.youtube.com/watch?v=1fUO3Xjlohc&list=PL8L0MzSk_V6JtEDRfRMyb6rFd1acqYSlO&index=49&t=0s Subscribe: https://bit.ly/SubLifeNoggin | Get your exclusive Life Noggin merch: http://keeponthinking.co Support Life Noggin on Patreon: https://patreon.com/LifeNogginStudios Follow Life Noggin! Facebook: https://facebook.com/LifeNoggin/?ref=br_rs Instagram: https://instagram.com/lifenoggin/ Twitter: https://twitter.com/lifenoggin Official Website: https://lnstudios.co/ Watch More Life Noggin: Latest Uploads: https://youtube.com/watch?v=4A6XkYpmidU&list=PL8L0MzSk_V6JtEDRfRMyb6rFd1acqYSlO Big Questions: https://youtube...
Arguably the greatest genius of the past 100 years, Nikola Tesla strove to provide the world with free energy. Could he have actually succeeded in achieving this ambition, only for it have been suppressed for financial reasons? Don't forget to Subscribe for more Conspiracies! - http://bit.ly/1dmVsvF A massive thank you to our super fans who have supported us on our Patreon page. Feel free to take a look at the rewards we have on offer for our supporters here: https://www.patreon.com/alltimeconspiracies?ty=h The Phantom Time Hypothesis: http://bit.ly/1HgnN7F ------------------ Watch more Alltime Conspiracies: - Jack The Ripper Unmasked: http://bit.ly/1NwZALn - The Mystery Of The Dylatov Pass: http://bit.ly/1Q8oAKB - How Dangerous Is Israel?: http://bit.ly/1WEQXik ------------------...
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Here I’m building a few Free Energy devices and explain how they work and science behind them. It is important to know how science works. It would be pretty awesome if you support ElectroBOOM at Patreon: http://patreon.com/electroboom My tee-shirts: http://teespring.com/stores/electroboom Enter your school for tools: https://goo.gl/forms/VAgRre8rLVvA1cEi2 Sorry no public scope giveaways this time around ☹ My other articles: https://www.electroboom.com/ Follow me on Facebook: http://www.facebook.com/ElectroBOOM Thanks to http://keysight.com for providing the awesome scope giveaways! Make sure to subscribe to their channel: https://www.youtube.com/user/KeysightOscilloscope Thanks to http://CircuitSpecialists.com for proving my essential lab tools My sponsors and patrons, http://www.e...
http://eternalmotor.blogspot.com https://www.facebook.com/eternalmotor Be Sure to Like Our Page! https://twitter.com/EternalMotor Let me first say something here. This is not perpetual motion in the sense that conventional science would normally think of it. First of all, the law of conservation of energy IS NOT broke here folks and complies fully with most known laws of physics. Those laws do stay intact indeed. However one law that has been broken because of it's age old idea that needs revision is Lenz's law. This law has been broken on two different occasions here, so then there is NO reflection back to the source by the slowing down of the rotor, therefore dwindling the generated energy. No energy is wasted here, every single bit of it is recycled, and then some. Perpetual motion i...
These are ten most promising alternative energy sources of tomorrow. It’s a really exciting time to be alive. We have a front row seat to the only known trans...
https://wn.com/Top_10_Energy_Sources_Of_The_Future
https://wn.com/Free_Energy_Light_Bulbs_Infinite_Energy_Source
Check out our Patreon page: https://www.patreon.com/teded View full lesson: http://ed.ted.com/lessons/why-don-t-perpetual-motion-machines-ever-work-netta-schra...
https://wn.com/Why_Don't_Perpetual_Motion_Machines_Ever_Work_Netta_Schramm
https://wn.com/10_Machines_That_Claim_To_Make_Infinite_Energy
A wheel that spins forever; a bird that never quenches its thirst; a clock that never stops ticking, an endless source of free energy. These are but the dreams ...
https://wn.com/Are_Perpetual_Motion_Machines_Possible
F.S Mackintosh Perpetual Wheel patented in 1823. A strong magnet set in the open slot between sides of the wheel attracts an iron ball. The magnet is supposed...
https://wn.com/Free_Energy_Machine
Solar? Wind? Coal? Oil? Natural Gas? While we use all of these, could we make the most efficient energy source yet? Watch more: Could We Build A Planet From Sc...
https://wn.com/Could_We_Make_The_Perfect_Energy_Source
Arguably the greatest genius of the past 100 years, Nikola Tesla strove to provide the world with free energy. Could he have actually succeeded in achieving thi...
https://wn.com/Did_Nikola_Tesla_Invent_Free_Energy
To support Kurzgesagt and learn more about Brilliant, go to https://www.brilliant.org/nutshell and sign up for free. The first 688 people that go to that link w...
https://wn.com/How_To_Build_A_Dyson_Sphere_The_Ultimate_Megastructure
https://wn.com/Infinite_Energy_Generator
Here I’m building a few Free Energy devices and explain how they work and science behind them. It is important to know how science works. It would be pretty aw...
https://wn.com/Free_Energy_Devices_Build_And_Science
http://eternalmotor.blogspot.com https://www.facebook.com/eternalmotor Be Sure to Like Our Page! https://twitter.com/EternalMotor Let me first say something h...
https://wn.com/Perpetual_Motion_And_Nikola_Tesla_(Tapping_Infinite_Energy)
wnenergy.com
infiniteenergysources.com
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energymarine.com
futureenergysources.net
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motherearthenergy.com
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alternativeenergysector.com
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usenergysecretary.net
These are ten most promising alternative energy sources of tomorrow. It’s a really excit...
Free Energy Light Bulb Like, Share, Comment and don't forget to subscribe! #freeenergy #ki...
Check out our Patreon page: https://www.patreon.com/teded View full lesson: http://ed.ted...
A wheel that spins forever; a bird that never quenches its thirst; a clock that never stop...
F.S Mackintosh Perpetual Wheel patented in 1823. A strong magnet set in the open slot bet...
Solar? Wind? Coal? Oil? Natural Gas? While we use all of these, could we make the most eff...
Arguably the greatest genius of the past 100 years, Nikola Tesla strove to provide the wor...
To support Kurzgesagt and learn more about Brilliant, go to https://www.brilliant.org/nuts...
Here I’m building a few Free Energy devices and explain how they work and science behind t...
http://eternalmotor.blogspot.com https://www.facebook.com/eternalmotor Be Sure to Like Ou...
Top 10 Energy Sources of the Future...
Free Energy Light Bulbs - Infinite Energy Source...
Why don't perpetual motion machines ever work? - N...
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Free Energy Machine...
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Free Energy Devices Build and Science...
Perpetual Motion and Nikola Tesla (Tapping Infinit...
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Rhinebeck & Woodstock
In Rhinebeck
Coming Friday
In Woodstock
Hudson Valley Lives
Classic Cinema
London National Theater
Music at the Movies
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Jan 25 - 28 Rhinebeck
5:40 5:40 8:10 8:10
Todd Haynes’ remarkable filmmaking career has ranged from the experimental – KAREN CARPENTER: SUPERSTAR – to risky and risque homages – I’M NOT THERE… VELVET GOLDMINE – to re-imagining 1950s melodrama – FAR FROM HEAVEN, to the dystopian SAFE. Now he revisits the socially constricted 1950s in his latest beautifully realized film, an adaptation of a novel written under a pseudonym by Patricia Highsmith (best known for Strangers on a Train, The Talented Mr. Ripley) that stars the resplendent Cate Blanchett as the titular Carol, a wealthy suburban wife and mother, and Rooney Mara as an aspiring photographer who catches her eye.
When Carol comes to the City looking for a Christmas gift for her young daughter, she’s waited on by Therese Belivet (Rooney Mara) a clerk working in a Manhattan department store. There is an immediate connection; Carol leaves her gloves behind hoping to see her again, and soon they are defying the closet of the early 1950s to be together. With his long-time director of photography Ed Lachmann, CAROL was shot on actual film with lighting styles that echo the movie history of 20th-century America, Haynes charts subtle shifts of power and desire in images that are alternately luminous and oppressive. Blanchett and Mara are splendid; the erotic connection between their characters is palpable from beginning to end, as much in its repression as in eagerly claimed moments of expressive freedom. A Weinstein Company release.
*6 Oscar Nominations: Best Actress (Blanchett), Best Supporting Actress (Mara), Cinematography, Costume Design, Original Score, Adapted Screenplay
*Golden Globe nominee for Best Motion Picture, Best Actress (Blanchett), Best Actress (Mara), Best Director, Best Original Score
ENDS THURSDAY
(USA / 2015 / Directed by Todd Haynes)
R / 118 mins.
Rave review
New York State Council on the Arts with the support of Governor Andrew M. Cuomo and the New York State Legislature.
© 2015 Upstate Films Limited.
6415 Montgomery Street / Rt.9
Rhinebeck, NY 12572
Toll Free: 866-FILMNUT
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Murray’s Indian Wells defeat is pardonable
Murray in 2013/ Photo:Doha Stadium Plus Qatar
The Scottish tennis player Andy Murray suffered an unexpected defeat against Federico Delbonis in the third round
by John Mangle
March 15, 2016 at 6:31 PM Tue 15 Mar 2016 06:31:56 PM EDT
Video of the Day: Djokovic won Wimbledon 2019 with mental toughness and determination
The Indian Wells Masters event is for Andy Murray the first one he attends after the Australian Open final, which he lost to Novak Djokovic. Murray took some time off to be with his wife who in the meantime gave birth to a child. Except for the Aussie final, prior to Indian Wells, the only official match Murray attended was his successful representation of the UK at the Davis Cup. Before the Australian Open, Murray stated that his family is his main concern. This fact might have also left a mark on his performance at the Masters Series tournament in California.
Murray lacked spark in key moments
The confrontation with Federico Delbonis (ATP. No. 53) was expected to be an extremely facile one. However, the 26-year old Argentine player proved to be extremely motivated and confident in his chances of gaining the victory. Delbonis is an average-ranked player who’s been in the top 100 ATP ranking over the last years, yet with no outstanding achievements. As for Murray, it was quite obvious: his mind wasn’t 100% focused on Tennis. The lack of decisive hits in key moments of the game really made a difference.
An extremely balanced match
Although Murray’s defeat came as a real shock, one cannot ignore the skills showed by the Argentine player. The first set of the confrontation was won 6-4 by Delbonis. The Argentine player managed two breaks on his opponent’s serve, while Murray managed only one. In the second set Murray’s game was almost perfect. His experience in competitions really made a difference.
Celebrities Donald Trump
The Scottish player successfully made his own serve and then waited for the adversary to fail. This occurred toward the end of the set. Instead of making it a 5-5 tie and pushing the set toward a tie-break, Delbonis broke down and Murray took the set.
At that point things seemed to get back to normal. In the decisive set Murray dropped at 3-1 and the dice seemed cast. Then, the ATP No. 2 had some dark moments in the end, following a series of breaks, Delbonis won the third set 7-6(7/3), to the audience’s surprise. Although quite surprising, Murray’s defeat was somehow foreseeable.
As a new dad, the Olympic champion in the men`s singles contest needs a brief rest in order to reconnect to the rigors of the ATP circuit.
Raptors rumors: Giannis Antetokounmpo, Joel Embiid potential targets for Masai Ujiri
Celtics rumors: Gordon Hayward will be vital 'trade chip' to shore up frontcourt, bench
John Mangle
social media junkie.
Read more on the same topic from John Mangle:
Rafael Nadal`s winning streak remaines untouched Simona Halep moves on to the next round in Madrid Roger Federer’s forbidden fruit
Blasting News recommends NASA plans to land the first woman on the moon by 2024 Video First Lady Melania Trump 'honored' with life-size statue in Slovenia Video Washington up in arms about Russian S400 missile system for Turkey Video Bill Cosby turns 82, sends bizarre message on Twitter to fans Video Bill Cosby celebrates 82nd birthday in prison, sends message to fans: 'become men of valor' 3 Reasons why Djokovic won Wimbledon 2019
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Monthly Archives : February 2016
THE REBELLES VIDEO EXCLUSIVE!
29/02/2016Gerry Ranson 1 Comment
Rock ‘n’ roll harmony trio THE REBELLES have made a new video for their upcoming debut single and are launching it exclusively with Vive Le Rock!
Comprising Tracie Hunter, Elizabeth Westwood and Phoebe White, The Rebelles deliver unique, heartfelt takes on classic tracks from the punk and glam eras, often with a little help from the folks who made the songs famous.
Their timely take on the BOWIE-penned / MOTT-recorded glam hymn ‘All The Young Dudes’ hears them joined on backing vocals and acoustic guitar by Ian Hunter, who revisits the track he and Mott took to number 3 in 1972. Bass is provided by the SEX PISTOLS’ Glen Matlock, while James Stevenson (THE CULT, GENERATION X), and Neil Gabbitas lend their guitar skills.
The accompanying video was filmed by Billy Boyd Cape during the star-studded recording sessions for the single, and captures the intuitive vocal interplay, intense chemistry, and infectious sense of fun, which lend the Rebelles’ special guest-filled live shows the feel of an intimate jam session crossed with an all-star stage invasion.
‘All The Young Dudes’ is released on 18 March via Turtle Recordings, and is the first single to be taken from a forthcoming album that’s set to feature cameos by Mick Jones, Clem Burke, Chris Spedding, Slim Jim Phantom and Kenney Jones (readers may like to hazard a guess at the tracklisting based on those names). Tracie says, “expect to hear ten songs on this album that you already love, that will make you smile when you realise what it is, expect to hear a punk attitude draped in silk with a few sharp edges. Expect to escape for a while with us”.
The Rebelles on Facebook
Pic by Camilla Arthur
News, Panel1, Videos
WHAT’S THE STORY, MORNING GLORY?
26/02/2016Gerry Ranson No Comment
New York City punks MORNING GLORY have announced the release of a new six-track EP.
‘Post War Psalms’ features tracks recorded during the sessions for the band’s most recent album War Psalms. It’s set to be the first release on Buyback Records, the new label founded by bassist Heavy Metal Chris, due 1 April. It’s available to pre-order on 10″ black vinyl or green and black splatter vinyl here. Alternatively, it’s available in a purple and white swirl vinyl/t-shirt package from Anxious & Angry Records.
Formed in 2001, Morning Glory are the brainchild of ex-CHOKING VICTIM frontman Ezra Kire, also a sometime member of LEFTOVER CRACK.
Morning Glory on Facebook
News, Panel1
WIRE’S NEW KOREA MOVE!
Watford’s art-punk overlords WIRE have announced the release of a new mini-album in April.
Nocturnal Koreans follows relatively quickly on the heels of last year’s widely acclaimed self-titled album, whose sessions apparently formed the basis of this new release. It’s out on 22 April through their own Pink Flag label.
Listen to the title-track and new single here.
Wire’s Colin Newman says of the release, “The WIRE album was quite respectful of the band, and Nocturnal Koreans is less respectful of the band—or, more accurately, it’s the band being less respectful to itself—in that it’s more created in the studio, rather than recorded basically as the band played it, which was mostly the case with WIRE. A general rule for this record was: any trickery is fair game, if it makes it sound better.”
Guitarist Matthew Simms adds, “It’s a great snapshot of touring America and when I hear or play that song, it reminds me of the many weird and wonderful times, places and people that cross your path.”
The band has a series of dates lined up throughout the Spring, including an appearance at the DRIVE LIKE JEHU-curated ATP festival in Prestatyn. Full dates are….
10 March Lewes, England – Con Club
11 March Bath, England – Komedia
12 March Manchester, England – Cosmosis Festival
22-24 April Prestatyn, Wales – ATP
27-29 May Madrid, Spain – GetMAD! Festival
Wire on Facebook
THE BELLRAYS ARE BACK!
THE BELLRAYS, Riverside CA’s garage rock’n’soul stormers, return to the UK in April for their first tour here in five years!
Fronted by the captivating Lisa Kekaula, The BellRays first came to the attention of the UK public when they were signed by Alan McGee to his shortlived Poptones label.
Kicking off at Birmingham’s Hare & Hounds on 12 April, with fast-rising rockers BLACK BOMBERS, and featuring a London show at the Brooklyn Bowl, the tour also makes a stop in Prestatyn for the Stewart Lee-curated ATP festival. Full dates are as follows….
Tues 12 Birmingham-The Hare & Hounds (w/Black Bombers)
Wed 13 Manchester-Sound Control
Thrs14 Leeds-The Brudenell Room 2
Fri 15 York-Fibbers
Sat 16 Prestatyn-Stewart Lee @ ATP
Sun17 Glasgow-Broadcast
Tues 19 Aberdeen-The Lemon Tree
Wed 20 Newcastle-The Cluny
Fri 22 Aldershot-West End Centre
Sat 23 Middlesbrough-Westgarth Social Club
Sun 24 Cardiff-The Full Moon
Tues 26 Exeter-The Phoenix
Wed 27 Bristol-The Exchange
Thrs 28 London-The Brooklyn Bowl
Fri 29 Bedford-Esquires
The BellRays on Facebook
VIBRATORS 40th ANNIVERSARY THIS WEEKEND!
24/02/2016Hugh Galland No Comment
As THE VIBRATORS gear up for a tour-de-force show celebrating 40 years of the band, including appearances from the classic line ups, original guitarist John Ellis takes Vive Le Rock back to his formative days as an aspiring musician.
“I was a lover of music, the thing is probably my mum actually, she was a big Lonnie Donegan fan; every time we were on holiday, in places like Great Yarmouth, at that time bands used to play those kind of gigs, summer residences, on the pier. Cliff and the Shadows had been around a long time as well, so I saw Cliff and The Shadows do pantomime, so I was well into the twangy guitars! And also the Beatles were coming through when I was eleven or twelve, and that was pretty amazing. But prior to that I’d seen Lonnie Donegan live a few times.
“Now I teach blues guitar workshops and I’m a massive fan of the blues, it’s one of the main musics for me; but what I didn’t realise when I was a young man, eight or nine years old – and why would I have done – but I was actually witnessing the birth of the British blues boom. Lonnie Donegan was almost single handedly responsible for creating what you could call that blues revival, him and Alexis Corner, and those few people were responsible for bringing over those blues greats. And out of those little bands, you’ve got your Eric Claptons and your Jeff Becks and your Jimmy Pages. You’ve got your burgeoning birth of the British blues. And of course British blues went on to become rock music and then went on to become, eventually, punk and everything else.
“That was my background as a musician and I’d fiddled around with a guitar – my gran had bought me a guitar and everything. But I never really got into guitar (until) I started Bazooka Joe with my friend Daniel. You’re probably talking about ‘68, we were probably doing those Hampstead Town Hall gigs. After I left (Daniel) carried it on, so he’d have much more understanding of the history of the band, and of course Adam Ant became a member of Bazooka Joe – and the first ever Sex Pistols gig was supporting Bazooka Joe!”
The Vibrators play the O2 Academy Islington on February 27th.
John Ellis on Facebook
Interviews, News, Panel1
THE SPECIALS ANNOUNCE AUTUMN TOUR!
THE SPECIALS have announced dates for a full U.K. tour this Autumn.
The dates during October and November show the Coventry ska legends’ redoubtable spirit, as their line-up is reduced to three original members – Terry Hall, Lynval Golding and Horace Panter – following the departure of Neville Staple and Roddy Radiation and, most recently, the tragic death of long-serving drummer John ‘Brad’ Bradbury.
The tour climaxes with two nights at London’s Troxy venue, and also sees the band returning to Cambridge, scene of their infamous gig on the city’s Midsummer Common in 1981, following which Hall and Jerry Dammers were convicted for public order offences, for allegedly inciting a riot.
Catch The Specials on the following dates…
19 October NOTTINGHAM, Rock City
22 October SHEFFIELD, O2 Academy
23 October SCUNTHORPE, The Baths Hall
25 October GLASGOW, O2 Academy
27 October BLACKPOOL, Empress Ballroom
29 October LIVERPOOL, Olympia
31 October LLANDUDNO, Venue Cymru
1 November YORK, Barbican
3 November LEICESTER, De Montfort Hall
4 November WOLVERHAMPTON, Civic Hall
5 November EXETER, University Great Hall
7 November SOUTHAMPTON, O2 Guildhall
8 November READING, Rivermead Centre
11 November CAMBRIDGE, Corn Exchange
12 November SOUTHEND, Cliffs Pavilion
13 November EASTBOURNE, Winter Gardens
15 November LONDON, Troxy
The Specials on Facebook
THE FRANKLYS VIDEO EXCLUSIVE!
Check out the brand new video for the new single by THE FRANKLYS, which they’re unveiling here exclusively with Vive Le Rock!
Filmed, directed & produced by Dan Sanchez, the video for ‘Comedown’ stars actor Eddie Goatman.
Out on 25 March through Electric Wood Records, and available to pre-order here, the limited edition 7″ of ‘Comedown’ b/w ‘Long Way’ will be available on the merch stand at the band’s forthcoming dates…..
29/02/16 Sticky Mike’s Frog Bar, Brighton
03/03/16 Anglia Ruskin, Cambridge
04/03/16 Cult Café, Ipswich
05/03/16 The Asylum, Chelmsford
09/03/16 Sneaky Pete’s, Edinburgh
10/03/16 Nice n Sleazy, Glasgow
11/03/16 The Top House, Stanley, Durham
12/03/16 The Fleece, Northallerton
17/03/16 The Finsbury, Manor House, London
18/03/16 Bumper, Liverpool
19/03/16 Bad Apples, Leeds
20/03/16 The Castle Hotel, Manchester
24/03/16 Green Door Store, Brighton
25/03/16 The Railway, Winchester
26/03/16 Esquires, Bedford
01/04/16 Clwb Ifor Bach, Cardiff
02/04/16 Threshold Festival, Liverpool
02/04/16 The Firebug, Leicester
The Franklys on Facebook
Pic by Lewis Robinson
PENETRATION RESOLVE TO TOUR!
Punk legends PENETRATION have lined up more UK dates this Spring!
The Peterlee band, still featuring frontwoman Pauline Murray and bassist Robert Blamire, initially reunited in 2001 but joined by guitarists Steve Wallace and Paul Harvey plus former BUZZCOCKS drummer John Maher, they released Resolution, their first new album in 36 years, last year. Broadly acclaimed, it was rated No.2 in Vive Le Rock‘s end of year chart.
Penetration play the following dates….
31.03.16 LIVERPOOL The Magnet
01.04.16 BRISTOL Bierkeller
02.04.16 CARDIFF Clwb Ifor Bach
09.04.16 NEWCASTLE Cluny
23.04.16 GLASGOW Broadcast
Further shows are planned for the Summer.
Penetration on Facebook
SLOBBERBONE COMPILE PRIME CUTS!
Texan roots-rockers SLOBBERBONE have their career revisited on a new compilation album out on 1 April.
The Best Of Slobberbone – Bees & Seas compiles tracks from the band’s four albums – Crow Pot Pie, Barrel Chested, Everything You Thought Was Right Was Wrong Today and Slippage – and comes complete with sleevenotes by Patterson Hood of DRIVE-BY TRUCKERS, packaged in a sleeve designed by Will Johnson of fellow Dentonites CENTRO-MATIC.
Released through New West Records, the album is available in double-CD, double-vinyl and digital formats and can be pre-ordered now through the band’s website.
Formed in the early 90s out of the same fertile Denton scene that also spawned LIFT TO EXPERIENCE, THE RIVERBOAT GAMBLERS and BAPTIST GENERALS, Slobberbone fused muscular rock, hillbilly-punk and navel-gazing slacker balladry, topped off by Brent Best’s brilliant storytelling lyrics of mundane, dysfunctional and often quite grim blue-collar lives. Frequent visitors to the UK and Europe, the band split in 2005 only to reform in 2009 for a tour. A new album was promised but with guitarist Jess Barr quitting in 2014 and Best releasing a solo album Your Dog, Champ last year, Slobberbone remain dormant.
Check out this fan-shot live video of Slobberbone playing their REPLACEMENTS tribute, ‘Placemat Blues’.
Slobberbone on Facebook
BIG SEXY NOISE HIT LONDON!
BIG SEXY NOISE, the joint project of LYDIA LUNCH and James Johnston and Ian White from GALLON DRUNK, play a one-off show in London next month.
The trio play The Lexington, Pentonville Road on Sunday 20 March. They’ll be supported by NOUGHT. Tickets are available here.
This will Big Sexy Noise’s first London show since October 2013, when they played the same venue in support of their acclaimed studio/live double set Collision Course / Trust The Witch on Cherry Red.
In the meantime, Johnston, whose CV also includes stints with P.J. HARVEY, NICK CAVE & THE BAD SEEDS and FAUST, has been readying his debut solo album, due for release later in the year on Clouds Hill.
James Johnston on Facebook
STILL HOPE FOR MIDWAY STILL!
South London indie-rockers MIDWAY STILL are back with a brand new album next month.
Go Team No Hope, which features a guest appearance from MOTORHEAD’s Fast Eddie Clarke, is the trio’s fourth album and it’s out through Bitter & Twisted Records on 18 March. You can pre-order it on CD and digital through Bandcamp, with three tracks available for immediate download.
Check out the video for ‘Do One Day’ from the album.
Formed in 1990, Midway Still sported a much harder-rocking sound than the prevailing pre-Britpop UK indie scene, and released two albums, produced by Don Fleming and LEATHERFACE’S Frankie Stubbs, before splitting. They returned in 2010 with a third album Note To Self on Boss Tuneage.
They’re currently planning dates for later in the year, but they’ve already been booked for WONKFEST at Tufnell Park Dome on 2 July.
Midway Still on Facebook
CAMDEN ROCKS – FIRST ACTS ANNOUNCED!
A first wave of bands has been announced for this year’s CAMDEN ROCKS festival, which takes over more than twenty venues in the North London rock’n’roll enclave for the fifth year running!!
Among the 200+ acts you can catch laying waste to Camden Town on Saturday 4 June are….
SikTh • Young Guns • We Are The Ocean • Ginger Wildheart • InMe • Norma Jean • The Godfathers • Evil Scarecrow • New Years Day • The Virginmarys • The Qemists • Warrior Soul • Jim Jones and the Righteous Mind • Queen Kwong • Forever Never • As Lions • The Men That Will Not Be Blamed For Nothing • The Dirty Youth • SHVPES • Black Foxxes • Freeze the Atlantic • Asylums • The Main Grains • The Lounge Kittens • The Carnabys • Press to MECO • Continents • Shields • Fathoms • Blood Youth • Scholars • Ashestoangels • Dorje • Cold in Berlin • Samoans • Bare Knuckle Parade • Nibbinz • Dirty Thrills • Create To Inspire • WITTERQUICK • The Tuts • LOCK • Moses • Counting Days • The Ghost Riders In The Sky • Roxanne de Bastion • The DeRellas • Black Casino And The Ghost • The RPMs • Hands Off Gretel • Bad Sign • Thunder On The Left • Role Models • Mercutio • CRITICS • Chinese Missy • False Heads • The King’s Parade • Louise Distras • Leisure Tank • Suzie Stapleton • Hoodoo Daze • Falling Knives • Matty James….
The festival’s headliners plus another 150 bands are still to be announced!
Participating venues include Electric Ballroom • Proud Camden • The Underworld Camden • Camden Barfly Up & Downstairs • Dingwalls • The Monarch • The Crowndale Pub • Dingwalls Canalside • The Hawley Arms • The Cuban Camden • The Black Heart • BrewDog Bar Camden • Camden Cavern at Belushi’s Camden’s • The Good Mixer • The Forge • Dublin Castle, Camden • Bloc Bar • Fifty Five bar and Lounge….
Tickets priced at a bargainous £35 (plus booking fee) are available here.
Camden Rocks on Facebook
THE POP GROUP OUT OF THE ATTIC!
Notorious post-punk funk deconstructionists THE POP GROUP have unearthed a long lost video for their classic single ‘We Are All Prostitutes’.
The video was recorded at the Bristol band’s show at London’s Electric Ballroom at the time of the single’s original release in November ’79. Previously unseen, it was recently rediscovered in the attic of video-maker Chris Reynolds and has now gained a new life as the official video for the single’s reissue.
“During my final year at the Film School I had a desire to make film about a Bristol band rather than a London one,” Reynolds explains. “A guy I worked with at the Bristol Hippodrome as a stagehand, said I should meet The Pop Group and sorted out a visit to them rehearsing in a studio near St Pauls in Bristol.
“A few months later, following the recording of the single ‘We Are All Prostitutes’, myself and Simon Fanthorpe, long time buddy and video associate, ended up at the Electric Ballroom in Camden to shoot the band live.
“The band were playing a gig with the GANG OF FOUR and THE SLITS. It was quite simply a wondrous night. We had purloined a couple of black and white Sony Rover half inch video recorders from the London College of Printing and set ourselves up in the auditorium. Simon grabbed a slot near the stage and we turned over. The gig was a belter and all three bands blew us away.
“Editing in the mid to late seventies was as basic as basic can be. Cuts were made with only a terrible accuracy of 4 frames either side of the frame. We found, that a way round this was to sync the decks up by hand any blindly cut in and out manually. Madness. For this reason the tapes were transferred and I processed them through a Colour Video Synthesiser housed at the college. Basically it was a multilevel keyer that colourised and boosted the rushes.
“We hid in the edit suite all night and after several hours of very risky on the fly cutting created the anarchic collage that you see. Its not neat or clever in fact we pulled the plugs and waggled the video connectors to make the images break up more. Nuts.
“It did the job at the time and was seen as pretty unorthodox then, but it has languished in its box in my attic, lost for over 37 years. A belated reunion last year with Mark found me repeatedly trawling through the waist high junk of my attic without success. But, as is so often the way, a search for a serviceable suitcase had me literally tripping over it. I hope it brings you some pleasure.”
‘We Are All Prostitutes’ is reissued on digital and 7″ formats on Friday 19 February. Their long out of print second studio album, For How Much Longer Do We Tolerate Mass Murder? is being reissued the same day.
Reissued and available on CD for the first time, the LP version comes packaged with eight giant original artwork prints on four double-sided posters, and the CD format will include smaller versions of all the posters. Although ‘….Prostitutes’ was omitted from the original pressing of the album, it is now being included on the reissue.
The Pop Group on Facebook
News, Panel1, Panel2, Videos
WHAT’S THE BUZZ ABOUT SIMON CHAINSAW?
SIMON CHAINSAW, ex of Aussie garage legends the VANILLA CHAINSAWS, has announced a series of European shows for the Spring!
Blasting out of Sydney in ’86, the Chainsaws came late to the scene, but made up for lost time visiting the UK, Europe and the USA, making several circuits of their homeland with the likes of THE LIME SPIDERS and CELIBATE RIFLES and dropping sides for Phantom and Glitterhouse.
Now based in Brazil, Simon’s heading to Europe in April and May, stopping off in France, Germany, Switzerland and Italy. No UK shows, as yet, on the horizon, but you can get a taste of what to expect from the video above….
Full dates are as follows….
20 / 4 FRANCE – LA SCENE BOURGOGNE – ORLEANS
21 / 4 FRANCE – LE DYNAMO CAFE – NANTES
22 / 4 FRANCE – PERIGUEUX
23 / 4 FRANCE, LA BAZKA, TRANQUEVILLE – GRAUX
25 / 4 FRANCE – BAR DE LU – BESANCON-
26 / 4 FRANCE – THUNDERBIRD – ST ETTIENNE
28 / 4 ITALY – OFFICINA DEGLA ANGELI, ARBIZZANO, VERONA
29 / 4 ITALY – SOUND BONICO, PIACENZA
30 / 4 ITALY – CENTRALE ROCK PUB, Erba, Como
1 / 5 SWITZERLAND, LE BOUFFON DE LA TAVERNE – GENEVA
4 / 5 GERMANY – WILD AT HEART – BERLIN
5 / 5 GERMANY – THE PITCHER – DUSSELDORF
6 / 5 GERMANY – THAV – HILDESHEIM
8 / 5 GERMANY – SONIC BALLROOM, KOLN
Simon Chainsaw on Facebook
OFFSPRING INTO SUMMER!
Orange County punk stalwarts THE OFFSPRING return to the U.K. this Summer as part of their Summer Nationals tour.
Having last year auctioned off their Columbia Records back catalogue for a cool $35 million, the band have recently been spotted working on the follow-up to 2012’s Days Go By with producer Bob Rock. Fans can therefore hopefully expect them to be showing off some new tunes.
Support on all dates comes from BAD RELIGION. Catch both bands at….
Sun 19 June O2 Academy, Birmingham
Mon 20 June O2 Academy, Glasgow
Wed 22 June Eventim Apollo, London
Tickets go on sale here from 9am on Friday 19 February.
The Offspring on Facebook
ARCHIE & THE BUNKERS REVEAL NEW VIDEO!
Cleveland, Ohio duo ARCHIE & THE BUNKERS have unveiled a video for their new single ‘Sally Lou’.
True to form, the teenage bothers Emmett and Cullen O’Connor deliver a minimalist slab of grinding, lo-fi organ punk. ‘Sally Lou’ is taken from their self-titled debut album which is out now through Dirty Water Records. You can order it here.
Recording the album with Detroit garage legend Jim Diamond at his Ghetto Recorders studio, Emmett says matter-of-factly, “We drove, set up and recorded pretty much everything. Then, we went back to the hotel and recorded the next day. The next day Jim played us our songs and we liked them.”
The brothers are currently finalising dates for their debut European tour later this year.
Archie & The Bunkers on Facebook
URBAN DOGS ON THE BEACH!
URBAN DOGS, the long-running yet occasional side-project of Knox from THE VIBRATORS and Charlie Harper from U.K. SUBS, reconvene for a rare full-band show in London next month.
In a show put together by discerning punk promoters Rockaway Beach, Urban Dogs will be headlining at the legendary Hope & Anchor pub in Islington on Wednesday 16 March. The strictly one-off show will be the first full-band gig by the Dogs in nearly twenty years!
Support for the gig comes from London’s favourite glam-punks, THE DERELLAS.
Tickets for the gig are a meagre £10 and are available here.
As previously announced, The Vibrators play a special 40th Anniversary show just down the road at Islington O2 Academy on Saturday 27 February. Tickets are available here.
BOYSETSFIRE BURNING UP THE ROAD!
U.S. post-hardcore regulars BOYSETSFIRE have announced a full European tour this summer, including three dates in the U.K!
The Newark band, who originally formed in 1994 before calling it quits in 2006, returned in 2010. Since then, they’ve released two new albums: While A Nation Sleeps…. in 2013 and a self-titled sixth album on their own label last Autumn.
Check out the video for ‘One Match’.
BoySetsFire play Liverpool Arts Club (20 June), Birmingham Academy 3 (21 June) and London Islington Academy (22 June). Full European dates are as follows….
17/6 BISHOFSMAIS, GERMANY Rock The Hill
18/6 SAARWELLINGEN, GERMANY Rockcamp Festival
20/6 LIVERPOOL, ENGLAND Arts Club
21/6 BIRMINGHAM, ENGLAND Academy 3
22/6 LONDON, ENGLAND O2 Academy Islington
23/6 KORTRIJK, BELGIUM De Kreun
24 – 26/6 SCHEESSEL, GERMANY Hurricane Festival
25/6 YSSELSTEYN, NETHERLANDS Jera On Air Festival
24 – 26/6 NEUHAUSEN OB ECK, GERMANY Southside Festival
27/6 GRAZ, AUSTRIA PPC
28/6 BUDAPEST, HUNGARY A38
30/6 LEIPZIG, GERMANY Conne Island
01/7 SCHWEINFURT, GERMANY Alter Stattbahnhof
02/7 MUNSTER, GERMANY Vainstream Rockfest
BoySetsFire on Facebook
Pic by Tim Tronckoe
DeRellas Add Dates!
TOY’S OUT OF THE ATTIC!
REBELLION TALES!
PREHISTORIC SOUNDS!
LOS FASTIDIOS ANNOUNCE DATES!
Cover Freebie
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India World’s #1 Country For IT Services; Climbs 15 Spots To Reach #61 on Global Innovation Index
By Mohul Ghosh On Aug 18, 2016
India’s fame and name for being top service provider of Information and Communication Technology is now recognized by the UN. In the The Global Innovation Index 2016, the UN has declared India as world’s #1 country in the export of ICT Services (Information & Communication Technology).
Overall, India has climbed massive 15 spots to reach #6 in the overall Innovation ranking of the world. Last year, we were placed #8. The world is surprised and shocked over India’s tremendous improvement in this high profile ranking of nations, which is closely monitored by the corporate world.
India has been ranked #1 in the category for Central and Southern Asia.
Switzerland has topped the list this year, whereas Sweden is ranked #2 and UK is ranked #3 in innovation, globally. This year, China entered the top 25 ranking, thereby becoming the first nation from the middle-income group to reach world’s 25-most innovative countries.
The report observes: “It (India) shows particular strengths in tertiary education and R&D, including global R&D intensive firms, the quality of its universities and scientific publications, its market sophistication and ICT service exports where it ranks first in the world..”
If we observe only those countries which have middle-income economies, then India is right now only next to China in terms of innovation ranking, as we overtook Brazil this year. The report has mentioned that India has actually ‘over-performed in innovation, relative to its GDP’
What Are The Secrets Behind India’s Incredible Improvement?
There are numerous factors being mentioned in the report, which highlights the main pointers which led to India’s incredible improvement of 15 spots within a year.
To start with, Indian Govt. has made growth and innovation friendly policies which has ensured that the country receives the best offers and skills when it comes to research and development.
Both ICT exports and creative goods export has received a boost due to business friendly policies of the Govt.
Besides, India’s university ranking has improved a lot, now standing at #2 among middle-income economies, and 20th globally, which enabled better ranking in the innovation index. In terms of graduates of Science and Technology, India now ranks #8 globally, which formed the base of improved innovation index.
Within Human Capital index, India has improved 40 spots within a year; in Business Sophistication, we have climbed 59 spots and in Knowledge and Technology Output, we are now ranked 43rd globally.
In the ranking of firms offering formal trainings to their employees, India now ranks 42, which is an improvement of 56 spots compared to last year.
But.. Challenges Still Remain
There are few grey areas still remaining, which needs immediate attention from the Govt. if they want to further improve India’s innovation index globally.
Mainly, there are two metrics in which India has performed badly: Business Environment where we are ranked #117 and Education, where we are placed #118 this year.
Surprisingly, in the Ease of Doing Business ranking, we are placed at #114, which is way below other Asian countries such as Thailand and Malaysia and within Education metrics, we are placed #103 for student-pupil ratio ranking, which has brought our overall ranking down.
Environmental performance takes a beating as we are ranked #110; new businesses are hard to start as we are placed #101 in this metrics; printing and publishing ranking is also down at #84.
The report was created after studying 100 global economies, and was released by Cornell University, INSEAD and the World Intellectual Property Organization (WIPO).
Here is the entire ranking of Global Innovation Index 2016.
"India World’s #1 Country For IT Services; Climbs 15 Spots To Reach #61 on Global Innovation Index", 5 out of 5 based on 1 ratings.
Indiainnovationssurvey
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Martha Lee Cain Tranby Music Enrichment Fund
Purpose and Guidelines
The Trustees of the trust which established the Martha Lee Cain Tranby Music Enrichment Fund are:
Myron Sildon, a prominent business and estate planning attorney in Kansas City, Missouri. Mr. Sildon is proud to have counted Martha Lee Cain Tranby among his many clients. He has been offering clients estate planning and business advice for over 40 years, and has been involved as a board member, volunteer and financial supporter of many arts organizations in the Kansas City, Missouri area.
Don Dagenais, a real estate lawyer for Lathrop Gage LLP. Mr. Dagenais has served on many nonprofit boards of directors and is known as a volunteer for many local music organizations, as well as for presenting lectures and teaching courses in classical music, opera and the performing arts.
Elaine Mann, an activist for several nonprofit performing arts organizations and a longtime volunteer and financial supporter for many music organizations in the Kansas City, Missouri area.
The members of the Selection Committee which advises the Trustees on the selection of grant recipients for the Martha Lee Cain Tranby Music Enrichment Fund are:
Pam Pendergast, Chair, a member of the Sigma Alpha Iota Music Sorority chapter for the Kansas City area and a supporter of local music organizations.
Emily Ballentine, a graduate of the UMKC Conservatory of Music and Dance in organ performance and a local arts patron and enthusiast.
Emily Behrmann, general manager of the Performing Arts Series at Johnson County Community College.
Brad Cox, one of the co-founders of the Owen Cox Dance Group and a well known Kansas City composer, band leader and performer.
Allan Gray, former member of the Missouri Arts Council and former chair of ArtsKC Regional Arts Council, and a supporter of many local arts organizations.
Vicki Olson, the founding artistic director of the Heartland Chamber Music Academy.
Copyright © 2017 Martha Lee Cain Tranby Music Enrichment Fund
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Hasbro Wants in on That My Little Pony/Stranger Things Hype With a New Retro Show and Toys
First, came the upside-down ponies. Then, the retro-inspired pony exclusive Hasbro is bringing to Comic-Con. Then, all the references to My Little Pony courtesy of Dustin...
Source: gizmodo.com
Stranger Things Refresher: Where the Show Left Off in Season 2 Get ready to head back to Hawkins! Stranger Things 3 debuts in just a couple of weeks, and you might be forgiven if you've forgotten a little bit of what happened the last time we......
Stranger Things: why brands love to piggyback on the show Netflix has promotional agreements with 75 different brands for season three of the show. Why do they like it so much?Netflix and the Duffer Brothers are up against it. In Stranger Things, they have managed to create a juggernaut that satisfies criti...
Flay your mind: Stranger Things S3 just might be the show’s best season yet Enlarge / Eleven (Millie Bobby Brown) and the gang are back to face down yet another supernatural threat to Hawkins, Indiana, in the third season of Stranger Things. (credit: YouTube/Netflix) Warning: This story contains spoilers for episodes 5-8 of...
Stranger Things 3 Game Is A Boring Rehash Of The Show In season three of Netflix’s Stranger Things, the idyllic small-town peace of Hawkins, Indiana is once again shattered by from another dimension. Only this time, there’s a licensed tie-in video game to document all of the show’s pop culture reference...
Season 3 of Stranger Things Proves It Isn’t Really a TV Show Anymore—It’s a Franchise It’s a good thing Hawkins, Ind. isn’t a real place, because if it did exist, we’d have no choice but to wipe it off the map. Like Buffy the Vampire Slayer’s Sunnydale, Calif.—which was built atop a Hellmouth that ultimat...
8 things To Know About Valentino's Fantasy-Laden AW19 Couture Show From the extra-terrestrial flower headdresses to Lauren Hutton's inimitable walk, this is everything you need to know about Pierpaolo Piccioli's latest fashion extravaganza...
‘Stranger Things’ found to be Netflix’s second most popular show – and #1 is pretty surprising Stranger Things debuted on Netflix three years ago this week, and unless you’ve been living under a rock you’re probably aware that it’s exploded in popularity in a big way since then. In fact, when respondents to a new survey were ...
Watch David Harbour show up his Stranger Things co-stars in '80s movie trivia For its third season, Stranger Things, already a show drenched in nostalgia for 1980s cinema, sends the Hawkins gang on summer vacation in 1985 to riff on the mall-dwelling teen comedies, and practical-effect heavy genre movies of the day. In honor o...
Netflix Defends Prank Show Starring Stranger Things Actor Following Backlash Netflix has defended its newly announced prank show, Prank Encounters, following criticism that the program is taking unfair (and unfunny) advantage of people who were looking for jobs. A Netflix spokesperson told TIME on Wednesday that the people wh...
Hasbro Wants To Make A 2-Foot-Tall, $575 Transformers Unicron Toy The biggest threat in the Transformers multiverse is Unicron, the planet-sized world eater who debuted in 1984’s animated Transformers: The Movie. Despite his popularity among fans, Unicron has never gotten a toy befitting his stature. The 27-inch-ta...
No employees were harmed in the making of Netflix's new prank show starring 'Stranger Things' actor Netflix clarified the premise of its "Prank Encounters" show starring "Stranger Things" actor Gaten Matarazzo after massive internet backlash. The company said all participants came in with the expectation this was a one-day, hourly gig....
Hasbro’s new Monopoly game is voice-activated, has no paper money Monopoly has joined the cash-free craze. Hasbro’s newest take on the board game classic doesn’t come with paper money — and instead features a voice-controlled top hat. (Chane and Community Chest cards also are axed.) “Welcome futur...
The Extremely Expensive Retro Console That Still Can't Be Emulated Today, it’s trivially easy to play even the rarest out-of-print video games in the world with just a few mouse clicks. Some kind fan has probably dumped the game online, and someone else has probably written an emulator to run it. But that’s not the ...
DIY Retro Gaming Handheld Is As Fun To Build As It Is To Play This is the GameShell, a retro gaming handheld that I built from a kit. I clipped and trimmed the plastic pieces, inserted the circuit boards, connected the wires and snapped it all together. It plays old games, emulated titles and homebrew software....
Pre-orders for Atari's retro VCS console start at $249 If you're tired of hearing about delays and revisions to the Atari VCS and just want to know when you can buy the damned thing as an everyday customer, you're in luck. The retro console will be available for general pre-order today from bo...
Intellivision Amico: can the retro revival console offer something new? When it comes to home technology, there's nothing quite as diverse as a modern-day video game console. Serving both as an all-inclusive multimedia experience and an angular box for keeping 12-year-olds occupied, the console we know today is far ...
Muro is a retro-style cylinder music box you control with an app The light twinkle of an old-fashioned cylinder music box evokes many things: nostalgia, childhood memories, sometimes even horror (they are a trope in scary movie soundtracks). Most music boxes play one tune, but with the Muro Box, which exhibited at...
Retro Nostalgia Goes Wireless With the First Bluetooth Cassette Player Nostalgia tends to focus on the best parts of our memories, glossing over things we’ve worked hard to forget. It turns out there are lots of good reasons we left audio cassettes behind, but if you’re determined to keep the dead format alive, you can ...
Atari shows off joystick and controller for its retro VCS console When the Atari VCS team decided to remake the retro console, it knew the controllers would be just as important as the box itself. After all, there's no gaming accessory quite as iconic as the Atari CX40 joystick. Earlier this spring, we got a g...
These Designers of 1960 Predicted That Fashion of the Future Would Be Very Retro I’ve spent a lot of time looking at past predictions of the future over the years. But every once in a while I uncover something that’s so accurate, it’s almost spooky. This video from 1960 is just such a video.Read more......
John Wick enters the Matrix in this kick-ass retro trailer If John Wick: Chapter 3 proved anything, it’s that they should never stop making John Wick movies because they only get better and crazier with each new installment. With that exponential trajectory in mind, YouTuber Journey’s End cut a together a po...
Relive shaking film with this $100 retro Polaroid OneStep 2 Camera If you were a kid of the 70s and 80s, the Polaroid instant camera undoubtedly holds a place in your heart. Now, you can revisit that magic -- or experience it for the first time -- with this retro-cool Polaroid OneStep 2 Camera and Photobox storage f...
Modern romance: turning a grey box into a colourful retro home Bold patterns and splashes of colour bring the 1960s back to life in a perky live-work space in south LondonI am in Mark Hampshire and Keith Stephenson’s bright, plant-filled sitting room, enjoying a crash course in midcentury design. Exhibit A: Robi...
Konami's TurboGrafx-16 mini is ready to ride the retro-gaming wave Need a sign that the retro gaming console market just won't come to an end? At E3 Konami just announced the TurboGrafx-16 mini, marking a return for the console that debuted in the US alongside the Sega Genesis in 1989, but never quite enjoyed t...
Required gamer viewing: The history of M2’s Japanese retro-port empire You may not know Japanese game studio M2 by name, but you've probably played one of its retro-revival projects. [credit: My Life In Gaming ] ...
Does KylieSkin Live Up To The Hype? While KylieSkin claims that all of its products are vegan, cruelty-free, gluten-free, and do not contain any parabens or sulphates it’s worth reading our take...
Beyond the Hype of Lab-Grown Diamonds Billions of years ago when the world was still young, treasure began forming deep underground. As the edges of Earth’s tectonic plates plunged down into the upper mantle, bits of carbon, some likely hailing from long-dead life forms were melted and c...
David Harbour on Stranger Things Season 3 Ending: Sometimes Things Have to Change Stranger Things...went there. Warning, this is your only spoiler alert for season three! The eight-episode romp ended with quite a big hero moment for both Joyce (Winona Ryder) and Hopper......
I went to Seattle’s retro-gaming paradise, and it blew away my expectations — see what it’s like to visit the legendary 'Pink Gorilla' Ben Gilbert/Business Insider Seattle is home to an iconic video game store named "Pink Gorilla." The store has two locations, and aims to re-create the organized chaos of Tokyo's gaming stores. On a trip to Seattle in January, I went to the original...
How to End the Cycle of Throwaway Plastic Toys It’s everywhere. The cheap kazoo. Stings of Mardi Gras beads. Spider rings. Crazy straws. Magnifying glasses that just make things look blurry. Off-brand Slinkies. So many frisbees. Mini squirt guns that don’t actually squirt. I don’t buy a lot of pl...
The Man Who’s Putting More Sex Toys on Walmart’s Shelves “I want to become the Kleenex of sex toys,” says Jamie Leventhal, whose small consumer products company was tapped by the giant retailer to create a new line....
Toys 'R' Us could come back with six stores and a website Following the custom of well-known retailers that went under as a result of leveraged investments and business moving online, Toys R Us is reportedly close to a comeback. According to Bloomberg, a former executive is pitching plans for a chain with l...
Techno in Berlin: After the hype, the downfall? Berlin is considered the mecca of free, untamed techno. But for how long? The clubs are taking a beating from big investors, gentrification and techno tourists. Politicians appear powerless to stop it....
Stranger Things without Spoiler Things: It’s dark, different, and still delightful The latest trailer for Stranger Things S3 When Netflix's Stranger Things initially burst onto the scene in 2016, the surprise summer hit struck a national nerve. There was, however, one small, repeated bit of pushback: Haven't we done this before? ...
When Children Came out to Play: Ancient Toys and Games The main halls and secured vaults of museums around the world are loaded with vast arrays of grotesque antique weapons, golden lined velvet robes, ceremonial swords and crowns, jewel encrusted scepters and other adult treasures and artifacts. ...
Interactive toys might bring hospitalized kids a little joy (Reuters Health) - Hospitalized children who get to play with interactive robotic teddy bears might feel more joyful and agreeable than kids who get plain, old-fashioned stuffed animals, a small experiment suggests....
British marketplace Soda Says invades the U.S. with sex toys Beware of the British invasion of the sex toys. Okay, maybe it's not that dire. But Soda Says, a sex toy maker and marketplace, is expanding into the U.S.Read More...
Freshened 2020 Lexus GX 460 gets new look, off-road toys The midcycle makeover for the Japanese brand's most rugged three-row SUV seeks to add to its appearance as well as its safety features, the on- and off-road....
Toys ‘R’ Us to open new stores ahead of the holidays The makers of Little Tikes, Bratz dolls and L.O.L. Surprise! toys are signing on as the owners of Toys “R” Us gear up to open new stores in time for the holidays. “This market needs a self-standing toy store, that’s for sure,” MGA Entertainment Inc. ...
The Best Toys to Make Your Kid Independent, According to a Montessori Teacher One of the hallmarks of the Montessori method is an emphasis on independence. I’m seeing this firsthand as—I kid you not—my seven-month-old infant came home from his first week of Montessori having learned how to hold his own bottle with two hands li...
Premier League should be wary of European hype Many see Saturday’s all-English Champions League final as the start of a new era of Premier League dominance in European competitions. One look at the all-German 2013 final shows that might not be the case....
I tried the KitchenAid's top-of-the-line $500 stand mixer, and now I get what all the hype is about Williams Sonoma A high-quality stand mixer is an indispensable tool when making pies, cookies, cakes, breads, and other baked goods. You can also add accessories to make pasta, ice cream, sausage, and more. I like the KitchenAid 7-Quart Pro Line Sta...
Visiting Chernobyl more powerful than Instagram hype The HBO series about the 1986 Ukrainian nuclear disaster has spurred visits to the reactor — and inappropriate selfies. Kai Dambach reflects on his own Chernobyl tour and the disaster's legacy in the social media age....
Don’t believe the hype — experts say wellness beers, wine are BS When it comes to running, Adam Marsh is “always open to the latest and greatest,” the 46-year-old tells The Post. From donning silly-looking minimalist running shoes to ripping shots of beet juice in the morning to rev his endurance, Marsh, who lives...
Zion Williamson Lives Up to the Hype, at Least for One Night Williamson, the New Orleans Pelicans’ rookie star, gave the fans what they wanted in his professional debut at summer league in Las Vegas: dunks and a glimpse of what could be....
State Bicycle Co 4130 Road: ‘A retro steel bike to make hipsters smile’ | Martin Love Known for its single-speed urban bikes, this cool American bike builder has just released its first affordable retro racer with gearsState Bicycle Co 4130 RoadPrice £549.99, statebicycle.co.ukFrame steelGears 8 speedSizes 49cm to 62cmAbout 20 years a...
Florida man says he had sex with stolen pool toys instead of raping women A Florida burglary suspect told police that he’s stolen a number of inflatable pool toys so he could have sex with them instead of raping women, a report said. The suspect, 35-year-old Christopher William Monnin, allegedly broke into a number of home...
Doll parts: why there's always room for creepy toys in Hollywood With the return of Chucky and Annabelle plus Toy Story 4’s Gabby Gabby, the freaky kids’ toy is terrorising our cinemas againIt is an image straight out of a horror movie: an army of identical ventriloquists’ dummies in their little suits and bowties...
Kid-friendly tech toys that won't make their parents hate you Gifts don't always have to be toys or games to be appreciated. They can even be a little practical without your resorting to boring presents like (ugh) socks. If a kid really likes a particular video game, you can pick up some kind of branded de...
Tim Rogers Has A Fatal Case of Final Fantasy Hype Join Tim Rogers as he checks out Square Enix’s Final Fantasy VII Remake exhibit at E3. There are giant posters of the game’s main characters, lots of concept art, and a pretty cool motorcycle. Will the people Tim cut in the motorcycle line rise up in...
Anthony Kay’s Mets hype grows with spectacular outing Anthony Kay is on the Mets’ radar, according to manager Mickey Callaway, but the left-hander wasn’t given serious consideration for a promotion to start against the Nationals on Monday. The 24-year-old up-and-comer then sent a strong message, throwin...
17 Things We Loved About Stranger Things 3 (And 6 We Didn't) The third season of Stranger Things is here and, if you’re like us, you spent most of July 4th weekend glued to your TV, desperate to know what’s next for Eleven and the crew from Hawkins, Indiana, circa 1985....
Explained: the toxic threat in everyday products, from toys to plastic Thousands of potentially harmful chemicals are in products ranging from toys to plastic and carpets in the USRead our entire Toxic America seriesSynthetic chemicals are in nearly everything we touch and consume. But some chemicals can be potentially ...
McDonald's Happy Meal Toys Caught in Backlash Over Plastic A British petition calling for McDonald’s to scrap the plastic toys included with kids’ meals has garnered over 325,000 signatures, and the country’s environment minister is pressing the case....
Trump Suspends Tariffs on Board Games and Toys from China, for Now Anyway It looks like board games, toys, and video games won’t be seeing a monumental price hike anytime soon. President Donald Trump has announced that he’s suspended the planned $300 billion worth of additional tariffs against select imported goods from Ch...
I'm Sure Austria Is Really Scared by Uber's Threats to Pack Up Its Toys and Go Home Spurred on by looming unfavorable legislation and stock market disappointment, Uber is reportedly playing hardball again, this time with the entire country of Austria.Read more......
Column: Wolff quickly adds a PGA Tour trophy to the hype Column: Matthew Wolff has the tools, and now he has a PGA Tour trophy to go with his NCAA individual title ...
Kevin Durant’s closest confidant dodges Knicks hype Kevin Durant’s closest confidant is playing it safe. The superstar’s manager and media business partner, Rich Kleiman, offered little hints over his client’s future Tuesday during an appearance at the Wall Street Journal’s Fut...
Hype starts now as Jack Hughes, Kaapo Kakko go 1-2 in NHL draft VANCOUVER, British Columbia — It might have gone just as expected, but now the excitement is tangible. The first two picks of the 2019 NHL draft on Friday night played out as so many expected they would. The Devils took American center Jack Hughes wi...
Cardinals putting Patrick Mahomes hype on Kyler Murray It was an almost inevitable rite of passage for Kyler Murray, and it happened even before OTAs finished. The Patrick Mahomes comparisons are here. Both quarterbacks have noted arm strength and a background that includes baseball. Mahomes was coached ...
Tacko Fall at last getting Knicks shot as NBA draft hype heats up OAKLAND, Calif. — The Knicks will finally get a chance to interview and work out intriguing 7-foot-7 Central Florida center Tacko Fall on Friday, The Post has learned. Fall swung onto the Knicks’ radar after his impressive NBA Draft Combine performan...
Yankees prospect thrives after escaping the Shohei Ohtani hype The Yankees had dreams of their version of Shohei Ohtani. Dermis Garcia had his own dreams to consider. “All of my life — all of my baseball-playing life — what I wanted to do was hit,” the Yankees’ slugging prospect, who currently is playing for Sin...
NASA just released a hype video for a Moon mission that probably won’t happen NASA has planned on returning to the Moon for some time now, hashing out plans for its Lunar Gateway which will eventually serve as a jumping-off point for travelers headed to the Moon’s surface. Then, back in March, the current presidential ad...
From Ginger Meggs to fighter jets: vintage Australian toys – in pictures Luke Jones has been collecting Australian toys since his first purchase at a 1983 auction – when he was just nine years old. The collection of vintage Australian toys he’s amassed since then, featured in his new hardcover book, is peerless. ‘While I ...
Toys ‘R’ Us, Back From the Dead, Will Reportedly Open U.S. Stores Just in Time for the Holidays (Bloomberg) — Maybe American kids will only have to live through one Christmas without Toys ‘R’ Us. About a year after shuttering U.S. operations, the remnant of the defunct toy chain is set to return this holiday season by opening ...
Toys R Us workers win $2 million severance settlement year after stores closed A judge approved the settlement for 33,000 former Toys R Us employees who lost their jobs last year when the toy chain closed all stores. ...
Clippers hype, Warriors belief as Knicks’ Kevin Durant threats are set The Knicks’ competition for Kevin Durant is falling into place. As the superstar approaches free agency with speculation rampant, Durant’s former teammate Kendrick Perkins suggested to Fox Sports that Durant could end up with the Clippers...
Believe the hype: Billie Eilish proves she's a once-in-a-generation talent at NYC concert Seventeen-year-old Billie Eilish has drawn comparisons to Nirvana with her dynamic live shows, which we attended to see what the fuss is all about. ...
Groenewegen sprints to Tour stage win as Brailsford cools Bernal hype • Dutchman earns third stage victory for Jumbo-Visma• Ineos manager says Colombian is still on learning curveWhile the dust settled on the gravel climb to La Planche des Belles Filles, the Tour’s longest stage, a 230km haul from Belfort to Chalon-sur...
Tiger Woods’ ‘flawless’ showing kick starts U.S. Open hype DUBLIN, Ohio — Tiger Woods was never going to win the Memorial Tournament on Sunday. He began the final round too far from the lead. But Woods had the look, created an electrical vibe around Muirfield Village and played like he was in Sunday-afternoo...
Soccer Star Megan Rapinoe's 'Biggest, Baddest, Coolest' Tech Toys The co-captain of the U.S. women’s national team—out to win its fourth World Cup this summer—on her perfectionist quest for sneakers and her monster Tesla....
Is Toys R Us making a comeback? A year after stores closed, there's talk of new locations A year after the remaining Toys R Us stores closed in late June 2018, there are reports that a new company is planning new stores and a website. ...
Financial crisis, Toys ‘R’ Us downfall guide Tuesday leveraged lending hearing NEW YORK, June 4 (LPC) - Ten years out from the financial crisis and legislators and regulators are sounding the alarm about risks in the US$1.2trn leveraged loan market, concerned that loosening lender protections and aggressive terms in the asset c...
Ford GT Le Mans preview: ‘The hype is matched by the roar of the engine’ | Martin Love As the 87th edition of Le Mans prepares to get under way next weekend, all eyes will be on the last of the factory Ford GTsFord GTPrice £320,000Engine 3.5-litre V6Top speed 216mphConsumption 17mpg (if you’re lucky)Next weekend marks the 87th running ...
Mario creator Miyamoto counters cloud gaming hype (but don’t count Nintendo out) Cloud gaming — however a company chooses to define that — is shaping up to be a big part of the next generation of consoles and other platforms. But Mario creator and Nintendo veteran Shigeru Miyamoto says his company won’t be so quick to jump ...
Toy Story 4 premiere: Toys are back in town as Tom Hanks joins co-stars on red carpet in Los Angeles Tom Hanks has joined his fellow Toy Story 4 co-stars on the red carpet for the world premiere of the latest edition of the well-loved children's film series....
Action Figure Sarah Connor Has No Time For Your Bullshit, and the Rest of the Ass-Kicking Toys of the Week Welcome back to Toy Aisle, io9's weekly gathering of all the action figures tempting our wallets on the internet lately. This week: a very tall dinosaur, D23 shows off an exclusive Woody, and Terminator: Dark Fate is already kicking off its merch...
McDonald's and Burger King are facing calls to scrap plastic toys in kids' meal deals The plastic toys given away with children's fast food meals are under fire. McDonald's and Burger King are the target of a petition started by two school children who criticize the companies for giving away the toys, which get quickly throw...
It looks like League of Legends is getting in on the hype around the DOTA 2 mod Dota Auto Chess. It looks like League of Legends is getting in on the hype around the DOTA 2 mod Dota Auto Chess. Today, publisher Riot Games announced their upcoming turn-based autobattler Teamfight Tactics, a mode for League of Legends coming out later this month. ...
Baker Mayfield blasts Texas and quarterback Sam Ehlinger by calling hype of Longhorns 'crap' Baker Mayfield isn't having any of the hype for Texas and quarterback Sam Ehlinger. The Oklahoma alum called talk of the Longhorns revival 'crap.' ...
Jeremy Kyle show death: Guest Steve Dymond died in suspected suicide 'over repercussions of the show' A Jeremy Kyle Show guest was found dead in his rented room in a suspected suicide after "growing concerned about the repercussions of the show", an inquest has heard....
The Value in Trying to Do Things Your Own Way Too many people use someone else’s map when building a business or making a big decision, either by following others’ rules or deliberately defying them....
10 things 5G can do that 4G can’t From the Samsung Galaxy S10 5G to the OnePlus 7 Pro 5G and beyond, the first 5G phones are now here.Alongside them, the first 5G networks are finally being switched on – albeit only on a small scale so far.If you live somewhere where 5G is ava...
60 things to do in America before you die America's beauty and wonder spreads all over the country. Check out 60 of the best places to visit in the country. ...
The new 'Stranger Things?' Simon Stålenhag's paintings are a strange, irresistible mix of mundane scenes from the Swedish countryside and haunting scenarios involving abandoned robots, mysterious machinery and even dinosaurs....
10 Things to Know for Today Your daily look at late breaking news, upcoming events and the stories that will be talked about today: 1. PM MAY TO LEAVE DOWNING STREET Theresa May announces she will step down as U.K. Conservative Party leader on June 7, sparking a contest to beco...
5 things to know before the bell 1. Deutsche Bank: Deutsche Bank will cut 18,000 jobs and dramatically shrink its investment bank as part of a costly overhaul that marks a retreat from Wall Street....
The 14 things you need to know before you go vegan The environmental, health and ethical benefits of veganism are beyond doubt. But what if you feel a bit intimidated by the idea? Some experts offer their adviceMore and more of us are going vegan. The environmental and ethical case for a diet free of...
5 things about 5G more important than the speed 5G is here, but if you think it’s all about ultra-quick downloads and web pages that are faster to load, you’re only half-right. New 5G cells will be able to transfer not just more data, more quickly, but they’ll also communicate...
10 things you didn’t know about 'Toy Story 4' Diane Bondareff/AP Images for Mattel "Toy Story 4," the fourth installment of the famous Disney-Pixar franchise, premiered June 20. Some new characters are voiced by well-known celebrities Betty White, Keanu Reeves and even Red Hot Chili Peppers' b...
Investors are concerned about these 3 things Markets are rallying ahead of Wednesday's open on hopes for a resolution in the US-China trade war. But trade tensions remain a major source of anxiety for investors....
Everything You Need to Remember From Stranger Things 1 and 2 Trying to remember what the hell happened on Stranger Things before the third season returns on July 4? We don’t blame you: It’s tough to recall binge shows in detail. Now, there’s no need to comb through episode recaps or season reviews for the main...
Here are all the cool new things you'll be able to do with Siri soon Apple' Siri voice assistant is getting a lot better, here are a bunch of the new things you'll be able to do with it this fall when Apple's new software launches....
10 things in tech you need to know today Marcio Jose Sanchez/AP Good morning! This is the tech news you need to know this Tuesday. President Trump's announcement that US firms could continue to sell to Huawei caused concern among some lawmakers, and the administration scrambled to justify ...
What Makes Things Slimy? Probably no more than ten people on Earth have a “favorite” texture, and these are almost certainly not people you would like to know. Conversely, pretty much everyone has a least-favorite texture. What do slugs, unsightly thigh boils, and disease-ri...
How Is The Budget Prepared? Here Are Five Things To Know The President's recommendation is required to be obtained for introduction and consideration of Budget in Lok Sabha. The budget is presented in Lok Sabha after President's recommendation....
9 things Google Assistant can do that you may not know about While Apple has Siri and Amazon has Alexa, there’s a third big player in the voice-assistant game: Google's very own voice-activated effort, Google Assistant. It might not have captured the public's imagination in the same way a...
Can You Forget Things on Purpose? Memory’s ungovernable, a ceaseless shaming pain: you’re either scrambling to retrieve it (rooting around for keys, or the name of some acquaintance) or you’re scrambling away from it, wishing it wouldn’t toss up, for the seven hundredth time, this o...
5 things you should do to get ready for Prime Day We've got the skinny on the top things to do before Amazon Prime Day on July 15. If you want to get the best deals, don't go into this massive sale unprepared. ...
10 things to do in Miami, Florida The perfect weather year round, the miles of beaches that stretch on endlessly, the list of reasons why Miami is an attractive destination are endless ...
10 Key Things To Know About Changes In PAN, Aadhaar Rules The government has announced a slew of changes in rules relating to Permanent Account Number (PAN) and Aadhaar. From allowing quoting of Aadhaar by assessees in place of PAN for filing income tax......
5 things 5G will do that you didn’t expect Download a 4K movie in three seconds! That’s the headline feature of 5G according to the lazy mainstream media, which is probably why the public aren’t yet as excited about 5G as they should be. So 5G isn’t about downloading...
4 Things Dustin Said About You… Just Thought You Should Know… Okay, I seriously hate to tell you this, but I figured you need to hear these four things Dustin said about you… it’s definitely better you hear it from a friend…...
Six things I bet you didn’t know about Independence Day NBC NEWS – America’s observance of the Fourth of July has evolved since celebrations began 240 years ago — we’ve traded 18th-century favorites like turtle soup and shooting cannons for hot dogs and fireworks. Even though the holiday...
10 things that happen before your plane can take off Sitting in the terminal building waiting to be called for our flight is a regular occurrence for most of us -- but what's really going on out there on the ramp while we're inside staring at our phones?...
The Stranger Things 3 Moments We Can't Get Over It's finally, finally here. Stranger Things season three has arrived with a dream summer vibe, complete with an epic fireworks display to cap off one hell of a season-long battle......
How to Teach Yourself to Do Hard Things Practice (supposedly) makes perfect, but who among us has never spent hours upon hours practicing something they didn’t even come close to perfecting? I, for one, played a LOT of tennis as a teenager and wrestled with a clarinet for many years in man...
First time in Dubai? Here are 5 things you should do Camel rides, touring the tallest building in the world and kite surfing on a city beach are some of the things you can do in Dubai. ...
Is Stranger Things' Will Gay? It's Up to "Interpretation" Stranger Things packed a lot into just eight episodes. There were breakups, big monsters, Russians, a brand-new mall, new villains and new characters. And then there's Will Byers (Noah......
Top things to do in Osaka, Japan Osaka is gearing up to host the G20 summit on June 28 to 29. In honor of the diplomatic action, we've put together a quick list of some of the top things to do in Osaka, Japan's third-largest city....
17 things to do in the D.C. area this weekend One of the Newseum’s final exhibits before it vacates its downtown building at the end of the year looks back at Jon Stewart's time behind the desk at "The Daily Show."...
International Day of the Midwife: 5 things you should know Why are midwives important? What impact have they had on mothers’ and babies’ health? As the United Nations celebrates midwives across the world on Sunday, here are five things you should know about the critical role they play in communities....
12 things to do in the D.C. area this week The Smithsonian Institution's tributes to the 50th anniversary of the moon landing include projecting the image of a Saturn V rocket and 17-minute film onto the Washington Monument....
Get a Rare Look at the Stranger Things Season 3 Set Hawkins, Indiana exists...in Atlanta, Georgia. Season three of Stranger Things is out, and the sprawling season has more sets than before, and they're all in Georgia. Noah Schnapp,......
Everything You Need to Know About Stranger Things 3's Colorful Costumes Raise your hand if you're now working on adding some new '80s prints into your daily life. Stranger Things 3 had a lot going on at almost all times, but at moments, we could......
‘Stranger Things’ returns: What to know about Season 3 Netflix’s buzzy hit “Stranger Things” is back July 4th, bringing your fix of ’80s nostalgia and everyone’s favorite grumpy police chief. Season 3 of the sci-fi show sees Eleven (Mille Bobby Brown), Jim Hopper (David Harbour), Steve (Joe Keery) and th...
Updates From Stranger Things, Bill & Ted 3, and More The wild Clifford the Big Red Dog movie keeps adding to its cast. Buddy claims another Pixar pal in the latest Child’s Play poster. Plus what’s to come on Dark and iZombie, a new Black Christmas remake is on the way, and new clips from The 100 and Fe...
Summer Is Not Going Well in New Stranger Things Trailer Now this feels more like Stranger Things. We were beginning to think the kids of Hawkins, Indiana were going to have a really good, evil-free summer based on the fun it looks like......
Women's World Cup: six things we've learned so far The women's World Cup has been exhilarating and controversial in equal measure; a fortnight of highs and lows, and thrills and spills. Here's what we have learned during the first two weeks of the tournament....
Everything That Happens to Billy in Stranger Things Season 3 Warning: This post contains spoilers for Stranger Things season 3. After making an enemy of himself by bullying our favorite group of Hawkins misfits and beating up Steve (Joe Keery) in season 2 of Stranger Things, Billy (ustinacre Montgomery) seemed...
Here's Stranger Things, but it's like an '80s anime, sort of The third season of Stranger Things acknowledges the world outside of the American Midwest, opening a whole can of worms about late Cold War-era international politics that it doesn’t seem all that equipped to answer. Nonetheless, the decision to int...
Done with ‘Stranger Things’? Here Is Your Next Netflix Binge “Dark,” the German time-travel thriller, is often compared to the Duffer Brothers’ nostalgia trip. But in its second season, its ambitions are closer to “The Wire.”...
Sensex Gains Over 450 Points From Day's Low: 10 Things To Know Domestic stock markets reversed early losses on Thursday on the back of gains in auto, pharma and banking stocks, amid a positive trend in global markets after the US central bank hinted at a......
‘Car guys never retire, they go on to greater things’ Opinion 5 Jun, 2019 Ian Callum, Dr Dieter Zetsche and Paul Buckett have left jobs in the car industry, but Steve Fowler thinks they'll leave a lasting legacy...
The A.V. Club is recapping Stranger Things 3 Episode 1: “Chapter One: Suzie, Do You Copy?” | Episode 2: “Chapter Two: The Mall Rats” | Episode 3: “Chapter Three: The Case Of The Missing Lifeguard” | Episode 4: “Chapter Four: The Sauna Test” | Episode 5: “Chapter Five: The Source” | Episode 6: “...
The Week In Games: Summer Things Stranger Things season 3 is almost here and next week, to coincide with the new season, a game based on the popular show launches on all major platforms. Will Barb return? (Probably not.)...
IoT 101: Your Essential Guide to the Internet of Things You’ve likely heard the phrase Internet of Things, or IoT, at some point if you have been following any tech news in the last several years. Business Insider Intelligence But at the same time, you might be scratching your head figuring out what...
Can Stranger Things grow up in season 3? Stranger Things’ potent stew of nostalgia invokes youthful experiences universal and specific: If you’ve ever felt like an outcast, experienced love at first sight, or wondered what terrors and marvels lie just beyond the backyard fence, you can rela...
How to Avoid 'Stranger Things 3' Spoilers on the Web “Stranger Things 3" is officially out today. If you opted to spend Independence Day outside celebrating with friends rather than glued to your television, then there’s a good chance you might potentially end up running into a spoiler or two befo...
Budget 2019: Key Things To Know Before July 5 The economic survey will be tabled on July 4 followed by the presentation of the budget on the next day. The session will have a total of 30 sittings....
How 'Stranger Things' Whipped Up '80s Fever ‘Stranger Things,’ returning to Netflix July 4, has stoked ’80s nostalgia even among viewers born long after the decade of scrunchies and shopping malls....
Stash These Things In Your Gym Bag For a Less Disgusting Workout It is good to work out! It is also gross. The gym, or the yoga studio, or that weird basement where you go to ride bikes to nowhere; they are all filthy, and smelly, and just really vile places. Also your gear! It, too, is nasty. Which is why you mig...
Stranger Things 3, eps. 1-4: Hawkins, Indiana, will never be the same Enlarge / Perhaps teen romance can split 'em up temporarily, but you can't keep the gang apart for long if evil lurks around Hawkins. (credit: Netflix) Warning: This story contains some spoilers for episodes 1-4 of Stranger Things' third season. You...
In Iraq Museum, ‘Things There That Are Nowhere Else in the World’ The Iraq Museum has a majestic, world-class collection of ancient art dating back 5,000 years, but it struggles to connect with an audience of younger Iraqis....
Five Things to Watch in the May Jobs Report The economy is churning out jobs and wages are rising. But employers face headwinds, such as trade tensions and slowing global growth, that could slow hiring....
How to Get Windows 1.0 From 1985 Without the 'Stranger Things' Tie-Ins Microsoft “re-released” Windows 1.0 this week as part of a partnership with that Stranger Things show I have yet to binge on Netflix. While it’s free for you to download and play with—on Windows, of course—it’s not really Windows 1.0, because it’s fu...
Eat, Think, Grow: 10 Fun Food Things To Do This Summer In Melissa Hemsley’s new fortnightly column, Eat, Think, Grow, she serves up practical ideas and inspiration for everyone who wants to leave a more positive impact on the planet....
Stranger Things 4 Will Travel Even Further Outside of Hawkins Prepare to see even more of the world outside of Hawkins. Assuming Stranger Things is renewed for a season four (which somehow isn't official yet), the show will be expanding to......
Five things to look for in Netflix's second-quarter report When Netflix Inc reports second-quarter earnings on Wednesday, a big question is how the streaming giant will handle a slew of new competitors barging in to its territory....
17 things to start doing in your 20s so you don't live in regret in your 40s Jason McCawley/Getty Images According to people on Quora and Reddit threads, the way you spend your 20s deeply affects your later years. Their advice on making the most of your youth includes "learn to say no with confidence" and "don't burn your ...
Stranger Things x Nike Collab Is Here! We love these products, and we hope you do too. E! has affiliate relationships, so we may get a small share of the revenue from your purchases. Items are sold by the retailer, not......
We Said What We Said: 10 Things The Root Wrote About America In the 10-plus years since The Root was founded, our writers have always celebrated the Fourth of July with the knowledge that America’s original Independence Day celebration only applied to white men. Since then, this land of freedom and opportunity...
Miley, Taylor and Stranger Things Katie, Stevie and Bethany get nostalgic for the 1980s thanks to the third season of Stranger Things and vintage mullets in the new series of Queer Eye....
Capitalism broke the planet. Here’s how it’s going to fix things The environment and high finance are strange bedfellows – but a new movement is raising billions to fight climate change. A breakthrough – or green hogwash?...
Are the 'Stranger Things' Product Tie-Ins Out of Control? To promote the third season of ‘Stranger Things,’ Netflix lined up roughly 70 collaborative tie-ins. While critics wonder if the marketing machine has gone too far, true fans just want their ‘Hawkins High’ Nikes....
The Morning After: 'Stranger Things 3' and its low-fi tech Hey, good morning! Welcome back! Stranger Things Season 3 is upon us, Amazon is upgrading its Fire TV service (alongside a sweet discount on its DVR box) and Huawei devices may make it back to the US....
H&M Has a Stranger Things Collaboration and It Is All About Billy Of all the characters from Stranger Things to get their own collaboration at H&M, we never thought it would be Billy. Some jean jackets for Eleven totally would have been cool, or a few “Justice for Barb” tees as well. Instead, we’ve got a pool-t...
Is Facebook listening to me? Why those ads appear after you talk about things Facebook denies it monitors your conversations to serve you ads on your News Feed. So what does it really do? And why are there so many coincidences? ...
Want to curb your robocall agony? Try these 3 things now Adding a unique ringtone to your contacts would signal that this call is from someone you know; also make sure to set them up in your contacts list. ...
12 Reasons Stranger Things 3 Is the Best Season So Far We assume you're already excited for season three of Stranger Things, which finally makes its long-awaited debut this week, but get yourself a little more excited. We're pretty......
What's on TV this week: 'Stranger Things' season three In the US, this week is interrupted by the July 4th holiday, and Netflix is celebrating by releasing season three of Stranger Things to take us on another trip back to the '80s. Even if you're not up to binge it on Thursday morning, don...
Five Things You Need To Wash Swimsuits Without Destroying Them HELLO SUMMER!!! I hope everyone had a fantastic Memorial Day weekend filled with fun in the sun … mostly because if you had some fun in the sun, this column is going to be relevant to your interests, for today we shall talk about the laundry products...
10 WWDC 2019 things you probably missed The WWDC 2019 keynote is over, and we've seen a lot of what we were expecting – along with plenty we weren't. Apple's big mid-year software event had a lot to show, and we wouldn't blame you for missing an announcement here...
13 interesting things you didn't know about IKEA iStock IKEA is known for its flat-packed furniture that requires the buyer to assemble it. The company was founded by Ingvar Kamprad in the 1940s. At the time, Kamprad was 17 years old. An IKEA museum opened in 2016 and you can still visit it toda...
What You Didn't See in Stranger Things Season 3 Stranger Things season three is here! The acclaimed Netflix series dropped its first new season since October 2017 and what a fun season it is. Before you batten down the hatches and dive into the......
Women's World Cup: 6 things we've learned so far The women's World Cup has been exhilarating and controversial in equal measure; a fortnight of highs and lows, and thrills and spills. Here's what we have learned during the first two weeks of the tournament....
27 details you might have missed on 'Stranger Things 3' Netflix Warning: Major spoilers ahead for "Stranger Things" season three. Netflix's "Stranger Things 3" was full of references to the first two seasons, plus important context clues about a major character's fate by the finale. Keep reading to see ...
Three things could cause a 'second wave' in the market sell-off The combination of mounting recession fears, bets on a more cautious Fed and a regular uptick in market volatility could spell more losses, writes Nomura....
Hopper, P.I. is the only Stranger Things spinoff we need David Harbour’s Chief Hopper achieved his final form in Stranger Things 3, in which he gloriously evolved into the ultimate crossbreed of Dad/Daddy—it’s like, he’s such a dad, but you also want to call him Daddy? Lots of confusing feelings there, sor...
11 things my Android phone does way better than your iPhone For the past year, I've been carrying a succession of Android devices and iPhones, learning the ins and outs of each one. But a collection of small, usability-enhancing features keeps me coming back to Android as my everyday choice. Here's my list....
5 things you should never buy at T.J.Maxx, HomeGoods, and Marshalls T.J.Maxx, HomeGoods, and Marshalls all have great deals, but should you trust them all? Here are 5 things you should never buy at those stores. ...
9 things to do in the yoga capital of the world Although Rishikesh is the self-styled "yoga capital of the world," there's lots more to do there than simply run through vinyasas mouthing "Om Shanti." View this list of top things to do to get started....
‘Stranger Things’ Is Back. Here’s Where We Left Off in Season 2. The Upside Down was sealed, but Hawkins clearly isn’t out of the woods yet. If you’re a little fuzzy on the difference between a Demogorgon and a demodog, read on....
Microsoft’s Windows 1.11 app is the perfect tie-in for ‘Stranger Things 3’ Whether you binge-watched Stranger Things 3 the day it dropped on Netflix, or you’ve decided to savor it at a slower pace, you need to check out Microsoft’s clever collaboration with the streaming service to bring the world of the show to...
The Only Way to Stay Sane With a Budget Project Car: Appreciate the Little Things Not everybody understands the desire to modify a car; to make it faster or tougher or just turn a piece of transportation into a work of art. It’s an intimidating hobby that seems to demand serious money and mechanical talent. But those are not fixed...
Eight Things to Make Amusement Parks More Enjoyable For Your Kid (And Yourself) Who doesn’t love amusement parks, right? The rides are exciting, the cotton candy is delicious, and the characters your kids love come to life right before your eyes. However, parks can be really tiring for little children—not to mention parents—espe...
8 Questions We Have About (the Yet to Be Announced, But Inevitable) Stranger Things 4 Stranger Things 3 has been out for a few weeks, and now that we’ve had time to really digest the things we liked and didn’t like, our minds have drifted toward what’s next. So far, the Duffer Brothers have only offered some vague teases for season fo...
3 reasons robocalls are hard to stop and 5 things to do about them Robocalls are efficient and powerful tools for sending targeted messages to the public, and there are several reasons they have such staying power. ...
Seven Things You Didn’t Know You Could Do With Philips Hue Smart Lights No contemporary smart home is complete without smart lighting. And while smart light switches might be a better choice for your situation than smart bulbs, Philips Hue smart bulbs are well established, and thus are easy to incorporate with other smar...
Updates From Birds of Prey, Stranger Things, and More The team behind To All the Boys I’ve Loved Before is tackling Lauren Oliver’s clone YA adventure Replica. Famke Janssen is open to returning to Jean Grey. Kristen Bell will go behind the camera for The Good Place’s fourth season. Plus, what’s to come...
How a Biotech Disaster Could End the World (And Other Things to Worry About) We talked to Josh Clark about his new podcast, The End of The World with Josh Clark, and asked him all about existential risks, and why we should care....
Common things you probably didn't know about breastfeeding Breastfeeding is often referred to as a "natural" process, but there's still a lot about it that new moms are unaware of. ...
Stranger Things Now Has Its Own '80s-Style Coca Cola Ad The Coca Cola ad is a strange but everlasting tradition of American pop culture. Coke has advertised in so many different styles and eras that its ads are a bellwether for what pop media was like in any given era of Americana. Which means, of course,...
‘Stranger Things 3’ is streaming now, and word is it’s the best season yet 21 months after Stranger Things 2 debuted on Netflix, the thrilling series has returned for a third season of nostalgia-driven horror. Stranger Things 3 once again takes place in Hawkins, Indiana, but it’s now the summer of 1985, and a new mall...
Stranger Things 3: a flawless finale – but what a slog to get there The ending is spectacular and beautiful TV, but before that, we had to endure Stranger Things: The Soap Opera for hour upon mind-flaying hourThe end of Stranger Things 3 is tremendous. It’s a blockbuster in every sense of the word; exciting, spectacu...
5 things you must do to get ready for Amazon's big Prime Day We've got the skinny on the top things to do before Amazon Prime Day on July 15. If you want to get the best deals, don't go into this massive sale unprepared. ...
Did You Catch Stranger Things 3's Queer Eye Cameo? Well this is a crossover we didn't see coming. You most likely missed it, but the new season of Stranger Things featured a surprise cameo from Queer Eye hero William Mahnken and his......
‘Stranger Things’ Season 3 looks bigger and crazier than ever These kids just can’t catch a break. The final trailer for Season 3 of Netflix’s “Stranger Things” dropped Thursday night, and once again the children of Hawkins, Indiana, are getting a less-than-relaxing summer. “You let us in,” begins Dacre Montgom...
You Can Run Right Into The Upside Down With This Nike x Stranger Things Collab As season three of Stranger Things creeps closer, the collaborations are starting to pile up. First, there was the odd choice of a Billy-focused H&M collab. Now, we have a stronger collab in Nike x Stranger Things. Rather than picking a hot guy t...
It’s illegal for campaigns to take things of value from foreigners: FEC boss The chairwoman of the Federal Elections Commission made clear in a statement Thursday that it’s illegal for a candidate to accept anything from foreign nationals during an election — a day after President Trump suggested he might accept dirt on an op...
5 things to know about how Canada handles immigration detainees The treatment of migrants has recently been thrust into the spotlight as accounts emerge of overcrowding and unsanitary conditions in American border detention facilities. Here's a look at how Canada deals with immigration detainees....
3 things that'll cause your Social Security benefits to go down The average Social Security beneficiary today receives $17,532 a year Here are three things that will cause a reduction to your benefits. ...
Netflix is launching two Stranger Things games After dominating the streaming video arena, Netflix is set to dip its toes into gaming. At E3 last night, the company announced it’s going to make video games based on its popular original shows, starting with its hit 80s-themed horror series, Strang...
Finished Stranger Things 3 already? Here’s what to watch on Netflix next Stranger Things 3 has landed on Netflix, and it could just be the best season yet if early reviews are anything to go by. One of the most popular shows on Netflix, Stranger Things season three joins our favorite bunch of kids once more, as they ...
Get to Know Maya Hawke, Your New Stranger Things Obsession (Spoilers ahead!) The Stranger Things crew got a little bit bigger this season. As Steve (Joe Keery) took a new job at Scoops Ahoy, an ice cream shop inside Starcourt Mall, he......
Stranger Things x Nike Collab Drop 2 Is Here! We love these products, and we hope you do too. E! has affiliate relationships, so we may get a small share of the revenue from your purchases. Items are sold by the retailer, not......
5 things on Amazon that are worthy of their 5-star ratings With Prime Day just around the corner, here are 5 products on Amazon that truly deserve their 5-star ratings AND a spot in your shopping cart. ...
10 things you need to know about Star Wars: Galaxy's Edge No doubt that the lines at Disneyland's Galaxy's Edge will be long as the new Star Wars land opens today, but there are still many unique experiences to seek out....
18 things on Amazon worthy of their 5-star rating A 5-star rating isn't easy to come by, but these 18 things have earned near-perfect ratings on Amazon, and we take a look at why that might be. ...
Nike Is Making Stranger Things Sneakers Because pop culture tie-ins are an adult sneaker thing now, Nike is releasing a line of shoes based on Netflix’s Stranger Things. Thankfully, they are a lot more tasteful than the announcement itself might have you believe....
Rupee Closes Higher At 69.26 Against Dollar: 10 Things To Know Rupee rose for second day in a row against the US dollar on hopes of rate cut from the Reserve Bank of India. The home unit climbed 44 paise or 0.6 per cent to end at 69.26 against the greenback, news......
"I Can Say Things About Him": Trump After UK Envoy Calls Him "Inept" US President Donald Trump hit back on Sunday and the UK launched an inquiry after leaked memos revealed Britain's ambassador in the US had described the president and his White House as "inept" and......
'Stranger Things 3' has been seen by over 40 million Netflix accounts Remember when it was a big deal that Bright racked up 11 million viewers? That's now quaint by comparison. Netflix has revealed that 40.7 million accounts have watched Stranger Things 3 in the four days since its July 4th premiere, making it t...
When good guys do bad things to evil people In the 2009 film “Inglourious Basterds,” Brad Pitt, as 1st Lt. Aldo Raine, leads a merry band of Jewish American Nazi-hunters. In one particularly gruesome scene, a captured Nazi officer who refuses to cooperate is bludgeoned to death with a baseball...
Trump's UK state visit: Five things we learned US President Donald Trump returned to the UK earlier this week for a full-blown state visit. Here are five things we learned from his three-day stay....
Netflix is working on a 'Stranger Things' mobile RPG Netflix made it clear last month when it announced its E3 panel that its gaming ambitions extend beyond Stranger Things 3: The Game (and the Dark Crystal tie-in that was revealed this week). At the panel, it revealed what's next: more Stranger T...
Flight attendants hate when passengers do these 5 things If you do one of these irritating things during your flight, prepare for a bumpy ride. Buzz60’s Sean Dowling has more. ...
Is 'Stranger Things' sparking your nostalgia? Here's what to watch next "Stranger Things" has never scrimped on TV and movie references and homages, with a lengthy laundry list of Stephen King shout-outs alone, starting with "Stand By Me" and "It."...
'Congestion' means different things to doctors and patients (Reuters Health) - Patients who say they're "congested" may have a runny nose, but a new study suggests their doctors may think they mean their nose feels blocked and treat them for the wrong symptoms....
Microsoft's Windows 1.0 announcement was about 'Stranger Things' Microsoft set the internet abuzz last week when it made a cryptic announcement about the "all-new" Windows 1.0 -- and now we know why. As we'd already speculated, it's all about Stranger Things. To celebrate the return of the show -- set in...
What's Area 51, and why is it so popular right now? 4 things to know about the top-secret site The top-secret military base known as Area 51 has long been a point of discussion for conspiracy theorists who believe the facility holds government secrets about aliens and UFOs....
3 reasons robocalls are hard to stop (and 5 things to do about them) Just a couple of months ago, I shared with you seven ways to stop robocalls. It's a hot topic that I monitor regularly. It's like being a spectator at a sporting event....
Ekow Essuman destined for bigger things Ekow Essuman becomes the first man to stop William Warburton since 2010. David Wainwright reports from the Harvey Hadden Sports Village The post Ekow Essuman destined for bigger things appeared first on Boxing News....
SoftBank Unit Yet to Conquer Internet of Things Arm Holdings’s software business posted $191 million in sales for the past fiscal year, a sliver of the $2 billion revenue goal set for itself by 2025....
Levi’s wants you to dress like a ‘Stranger Things’ character In preparation for the third season premiere on July Fourth, there has been no lack of “Stranger Things”-themed merchandise debuting over the past few weeks — or even the past year for that matter. But the latest collection — Stranger Thi...
Everything We Know About Stranger Things 3, Including More Steve and Dustin Stranger Things 3 is coming, and it's bringing with it some of Hawkins, Indiana's best friendships. Specifically, Steve and Dustin will continue to be a bromance for the ages,......
Sort Brexit and win election: Five things on the next PM's to-do list Only three candidates - Boris Johnson, Esther McVey and Rory Stewart - have so far formally declared their intention to stand for the Tory leadership. ...
The Best Things to Bring to a Party That Aren't Booze Back when I was a person bestowed with enough square footage to host parties, I always appreciated anyone bringing anything. When people asked what they could bring, I always said “more booze,” because I was in my early 20s, and running out of booze ...
Four things to avoid when grilling burgers this weekend Grilling your burgers wrong could kill you. Here are four things to avoid to help you get through Memorial Day weekend unscathed. ...
Rick Santelli's 5 things you need to know about investing in bonds If you want a balanced portfolio, experts say you should invest in bonds. Here are the answers to five key questions about the market, from CNBC's Rick Santelli....
Looks like the star of The NeverEnding Story liked that Stranger Things 3 nod If you’re like a lot of people who watched the Stranger Things 3 finale, you may have the theme song from 1984's The NeverEnding Story stuck in your head. The catchy hit plays a pivotal role in the series’ endgame, and it’s led to a bit of a resu...
Five Things to Watch For at Sunday's Tony Awards Broadway legends, Hollywood stars, a horse race for best musical and James Corden will converge for the 2019 Tony Awards ceremony, airing Sunday at 8 p.m. Eastern time on CBS....
Bengals' Zac Taylor is young, but confident to do things his way Change has come to Cincinnati in the form of the 35-year-old Taylor, who is already impressing with his vision, intelligence and attention to detail....
Stranger Things 3 review – still frightening as hell, but far more fun It’s 1985, and the gang’s hormones are running rampant – as is a new monster more scary than a spiral perm. Prepare for a pacy, racy time back in HawkinsThere is a scene in 30 Rock where Jenna gets cast not, as she first assumes, as a main protagonis...
10 Things We Learned About 2020 From the Democratic Debates Over two nights in Miami, the top 20 Democratic contenders squared off in the first major tussle of the 2020 presidential campaign, debating everything from health care policy and immigration to climate solutions and geopolitical challenges. Here are...
New iOS 13 concept fixes one of the worst things about the iPhone In just a few weeks, Apple will finally introduce the next major iPhone software upgrade, iOS 13, revealing its vision for the next year of mobile computing. iOS 13 is already a hotly anticipated update since some of its key features have leaked, inc...
SBI Home Loans Get Cheaper From Today: 10 Things To Know SBI or State Bank of India has reduced its benchmark lending rates by five basis points or 0.05 per cent across all tenors. The new rate, effective from today, is the third reduction by SBI in this......
Sensex Gains Over 150 Points, Nifty Near 11,900: 10 Things To Know Extending their gains to a third day running, domestic stock markets rose on Thursday tracking strength in Asian peers. The S&P BSE Sensex index rose as much as 165.33 points to touch 39,757.41 in......
Stranger Things x H&M Collab Has All Your Summer Must-Haves We love these products, and we hope you do too. E! has affiliate relationships, so we may get a small share of the revenue from your purchases. Items are sold by the retailer, not E!. Did......
TDS Statement Filing Deadline Just Three Days Away, 10 Things To Know Filing the TDS statement after the due date, which is May 31, 2018, will invite a late fee of Rs 200 per day and a penalty of up to Rs 1,00,000, according to the department. For the e-filing of TDS......
Keanu Reeves: ‘Grief and loss, those things don’t ever go away’ From Bill & Ted’s excellent dude to assassin John Wick, the actor has carved out a stellar career. But it hasn’t come without personal tragedy“Hey, I’m Keanu,” he introduces himself – unnecessarily, of course, and yet very Keanu-ishly. Despite being ...
Aadhaar Number To Be Accepted For GST Registration: 5 Things To Know "It has been decided to allow the use of Aadhaar by businesses to register with GST-Network," Revenue Secretary Ajay Bhushan Pandey said addressing a press conference after the 35th GST Council......
Sensex Tops 40,000 Mark For First Time Ever: 10 Things To Know The S&P BSE Sensex crossed the 40,000 mark for the first time on Thursday as leads showed Prime Minister Narendra Modi's Bharatiya Janata Party-led National Democratic Alliance (NDA) securing a clear......
How E-Commerce Sites Manipulate You Into Buying Things You May Not Want Research released this week finds that many online retailers use so-called dark patterns to influence what shoppers decide to purchase. Cracking down on the practice could be difficult....
Google placed 'Stranger Things' AR ads in 'The New York Times' If you see advertisements for a mall that look like they came straight out of the '80s on today's print edition of The New York Times, fire up Google Lens. Those neon-colored ads are most likely for Starcourt, the fictional Hawkins, Indiana...
The Stranger Things Season 3 Ending Explained Warning: This post contains major spoilers for Stranger Things season 3. Thanks to Eleven (Millie Bobby Brown), Mike (Finn Wolfhard), Will (Noah Schnapp) Hopper, (David Harbour), Joyce (Winona Ryder) and the rest of the Stranger Things gang, the peop...
Sensex Falls Over 200 Points From Day's High: 10 Things To Know Domestic stock markets gave up all of intraday gains in late morning deals on Friday, after a positive start amid gains in Asian peers. The S&P BSE Sensex index fell as much as 211.02 points from the......
Insider says Apple will fix one of the worst things about MacBooks One of the worst things that can happen on a laptop is having keyboard issues. And that’s an issue that plagued a variety of MacBook models ever since Apple introduced the new butterfly keyboard on the first-gen MacBook in 2015. However, Apple ...
MIT's new robot can identify things by sight and by touch For humans, it's easy to tell how an object will feel by looking at it or tell what an object looks like by touching it, but this can be a big challenge for machines. Now, a new robot developed by MIT's Computer Science and Artificial Intel...
11 things to remember when testing your product before launch day Rolling out new hardware and software can be a stressful time for any business. You are excited about the new experience for your customers but nervous about any issues that could arise. In order to prepare, you need to test, test and test again to e...
Grand Cayman island: 9 great things to see and do In Grand Cayman, walk along Seven Mile Beach, snorkel or dive with vibrant marine life, go bioluminescent kayaking or explore underground caves ...
Donald Trump's UK tour: the key things we learned US president adores the Queen and hopes feeling is mutual – but is clueless on climate crisis Donald Trump has departed, the much-delayed state visit is over, and the British political class can focus again on arguing about Brexit and battling to bec...
Seven Things To Make Beach Trips More Enjoyable For Your Kid (And Yourself) Summer is around the corner, and I cannot wait to take our son to the place I love the most: The beach. We’ve been taking him since he was tiny, and thankfully, he ended up loving it as much as we do....
Decoding all those 'Stranger Things' '80s pop culture references It's 1985, and the only thing Hawkins, Indiana, has more of than bizarre supernatural/pseudo-scientific phenomena is a plethora of pop culture touchstones. One can be a major "Stranger Things" fan and either be too young to have any memories of the o...
Will the U.S.-Mexico migration deal work? Here are the 6 things you need to know. Although the presidents of the U.S. and Mexico recently shook hands on an agreement to curb migration and avoid tariffs, the likelihood of success is uncertain....
Why Spending Time With Friends Is One of the Best Things You Can Do for Your Health When someone sets out to improve their health, they usually take a familiar path: starting a healthy diet, adopting a new workout regimen, getting better sleep, drinking more water. Each of these behaviors is important, of course, but they all focus ...
Sensex Gains Over 200 Points, Nifty Near 11,900: 10 Things To Know Domestic stock markets started Monday's session on a positive note amid choppy trade, shrugging off weakness in Asian peers on US-China trade concerns. The S&P BSE Sensex rose as much as 219.46 points......
Let’s Discuss the 10 Big Questions We Have After Binging Stranger Things Season 3 Warning: This story contains spoilers for Stranger Things season 3. The Stranger Things kids have come a long way since those simpler days when Hawkins had only one sticky monster. In the Netflix show’s ever-expanding universe, where the Upside...
5 things to know about late Angels pitcher Tyler Skaggs Skaggs went from highly-ranked prospect to a serviceable starting pitcher, often flashing glimpses of greatness since his big-league debut in 2012 ...
What’s coming to Netflix in July: ‘Stranger Things' and 'Queer Eye' There's a good chance you know what's coming to Netflix in July: Stranger Things 3. It's arguably the most anticipated release of the summer, and you won't have to wait much longer -- it arrives on July 4th. Stranger Things 3 cert...
Netflix to cut back on smoking after 'Stranger Things' criticism Netflix has promised to curb depictions of smoking in new programs following a report that pointed a finger at its hit series "Stranger Things," whose first two seasons featured tobacco in every episode....
Beyond the runway: six Australian fashion labels doing things differently Fashion’s business model is neither sustainable nor ethical in a world of depleted resources. So designers are thinking againAustralian fashion week is in full swing in Sydney. Models stomping down the Carriageworks runways in bikinis and tiny dresse...
The vampires have their hands full (among other things) on an orgiastic What We Do In The Shadows The vampire as erotic symbol is a longstanding cultural trope, one that has borne such ripe, sexy fruit as David Bowie and Catherine Deneuve seducing Susan Sarandon in The Hunger. My affection for Nadja and Lazslo’s mutual commitment to perversion is...
Sensex Falls 150 Points, Extends Losses To Third Day: 10 Things To Know Domestic stock markets declined on Friday with the Sensex extending losses to a third straight session amid lacklustre movement in Asian peers. The S&P BSE Sensex index fell as much as 226 points to......
Rupee Rises To 68 Levels For First Time Since April 11: 10 Things To Know The rupee rose to as much as 68.91 against the US dollar on Friday. That marked the first time the rupee appreciated to 68 levels against the greenback in intraday trade since April 11 this year. The......
Sensex Rises Over 80 points, Nifty Moves Above 11,850: 10 Things To Know Domestic stock markets started Friday's session on a higher note amid volatile trade, tracking mild gains in Asian peers. The S&P BSE Sensex index rose as much as 88.84 points in early trade to......
From Stranger Things to Suits, the TV Shows to Stream This July July is a bit of light month for TV buffs, but there's still enough in Stranger Things season 3, Suits season 9, Money Heist season 3, and Orange Is the New Black season 7....
World Cup: Five things to know about The Netherlands, the USA's opponent in the final The Dutch bring a 12-game winning streak at major international events into Sunday's World Cup final. Here's what else you should know. ...
New Coke, from 1985, makes comeback with ‘Stranger Things’ NEW YORK (AP) — New Coke is making a comeback as part of a Coca-Cola’s partnership with the Netflix drama “Stranger Things.” The companies announced the venture on Tuesday. New Coke was considered one of the biggest marketing mistak...
Google and Netflix teamed up to put a brilliant ‘Stranger Things’ AR ad in the NYT Stranger Things is the hottest Netflix show of the season, and plenty of other companies are trying to take advantage of the horror/sci-fi retro adventure. We saw Microsoft and Coca Cola do it, and Google is no different. The company has a great Stra...
Let's Talk About That Stranger Things 3 Credits Scene and What It Could Mean for Season 4 If you got to the start of the end credits of the Stranger Things 3 finale and immediately turned it off, go back now! A little ways into the end credits of episode eight, just after we......
Minecraft at 10: a decade of building things and changing lives As the blocky exploration game and creativity tool reaches its first decade, our games writer – and the father of someone on the autism spectrum – reflects on the impact it has hadHidden away somewhere in my attic is an old Xbox 360 that I’ll never t...
The final ‘Stranger Things 3’ trailer has us hyped for the new season Netflix shared the final trailer for Stranger Things 3 this week, and after a bunch of vague hints about how this new season will shake out, we finally have a decent grasp on the plot. That’s not to say that this trailer gives away any major pl...
Will Sumit Be Sorry for Saying Sari? Things Get Tense With Jenny on 90 Day Fiancé: The Other Way Jenny made it to India! So now the 90 Day Fiancé: The Other Way star can live her conflict-free, bliss-filled life with Sumit, right? Have you seen the TLC show before? In E!......
Apple's iOS13: fixing things that are annoying The much hyped iTunes demise doesn't matter; what does is moves made by Apple and YouTube to better lives, by taking on robocalls, hate speech and more. ...
Bill Gates on the 3 crucial things his parents did to set him up for success Darren McCollester, Getty In interviews over the years, Bill Gates has revealed three aspects of his childhood that helped shape him into who he is today, including the slightly unconventional way he was raised by his parents, Mary and William Gates...
Science says parents of successful kids have these 23 things in common Clive Rose/Getty Images Good parents want their children to grow up and do amazing things with their lives. While there are several factors that affect a child's development, most of it comes down to the parents. These factors and techniques are a g...
The Best Stranger Things-Inspired Styles For Guys This Summer While I know that Stranger Things premiering on the Fourth of July was a strategic decision planned and approved by at least 15 levels of marketing managers at Netflix to tie the release to the show’s summer of 1985-set third season, it still feels l...
Stranger Things Is Ready For a Very Thirsty Summer With New Clip Things are getting hot this summer, at least according to this new Stranger Things clip. The clip, posted to the show's Twitter account, shows the moms of Hawkins lounging casually......
Review: ‘Stranger Things’ Reaches 1985 and Goes to the Mall Netflix’s hit blend of sci-fi, horror and big-hair nostalgia adds John Hughes-style teenage romance and “Fast Times at Ridgemont High” to its recipe....
29 questions 'Stranger Things' season 3 left unanswered Netflix Warning: Spoilers ahead for "Stranger Things" season three. The finale of "Stranger Things 3" left several major cliffhangers, including the uncertain fate of one character and another batch of people moving away from Hawkins. Keep reading ...
People have serious complaints about ‘Stranger Things,’ but it has nothing to do with how good season 3 is A new research study from the Truth Initiative reveals that Netflix is the worst media offender when it comes to depicting smoking on-screen. After analyzing Netflix programs aimed at viewers in the 15-24 age range, the research found that a slew of ...
The most ridiculous things Tote Taxi has hauled to the Hamptons Danielle Candela drew the line at the Picasso in the gilt frame. “It wasn’t wrapped or anything — I didn’t want the liability.” But the founder of Tote Taxi has shuttled almost everything else you can imagine between New York and the Hamptons — inclu...
Breaking Down the Many Stranger Things Season 3 References You Might Have Missed Warning: This post contains spoilers for Stranger Things season 3. One of the best parts about watching a new season of Netflix’s Stranger Things — besides jumping on the ’80s nostalgia bandwagon and solving a new mystery from the U...
One key supplier is standing by Huawei, but it may not mean much in the grand scheme of things The Mate 20 Pro uses an Arm-based, Huawei-designed, TSMC-manufactured Kirin 980 SoCIt's no big secret that Huawei has found itself in a world of trouble as an indirect consequence of a brutal trade war between China and the US, with the second-larges...
Clint Frazier Has Some Things He'd Like To Get Off His Chest About The New York Media The very first thing Yankees fans were told about Clint Frazier was that he was going to be good. Upon his acquisition from Cleveland in the Andrew Miller trade, Frazier was immediately ranked as the Yankees’ No. 2 prospect....
Cryptocurrency Exchange Koinex Shuts Operations: 10 Things To Know Cryptocurrency exchange Koinex on Thursday announced its decision to shut down all of its digital assets exchange services and operations. In a series of posts on microblogging site Twitter, Koinex......
Key Things To Know About SBI's Basic Savings Bank Deposit Account SBI's zero balance account: A basic RuPay ATM-cum-debit card is issued free of cost and no annual maintenance charge is applied. The receipt/ credit of money through electronic payment channels like......
Finished With Stranger Things Season 3? The Cast Has a Message for You You did it. You've watched all eight episodes of Stranger Things season three. It's going to be OK. You've been through a lot. We understand. So does the cast, and they have messages......
4 Things We Loved, and 3 We Didn't Like So Much About Jessica Jones Season 3 Every so often, you come across a season of a television show that’s so generally strong that even the things you don’t particularly like about it are still rather solid. Jessica Jones’ third and final outing is precisely that kind of season.Read mor...
In a stirring finale, Stranger Things stands up and grows up I admire how seamlessly and thoroughly the set design and background decor of Stranger Things 3 integrates the grid motif that was the hallmark of season one and continued in season two. It’s everywhere, but nowhere is it as pervasive as Starcourt Ma...
Dark side of moon landings: 11 things you didn't know The 50th anniversary of the Apollo 11 mission which took man to the moon is fast approaching, and the story will be retold many times - but what are the secrets that people aren't really aware of?...
How To Open Public Provident Fund Account With SBI? 10 Things To Know Public Provident Fund (PPF) account, a retirement planning-focused instrument, is considered among the most sought after investment products by financial experts. It is offered by various institutions......
Planning a trip to Iowa this summer? Here are 101 things to do while you're there Find Des Moines' and Iowa's best tourist attractions, fun things to do, vacation ideas, free activities and places to see around Iowa this summer. ...
The Best Things The Phantom Menace Brought to Star Wars Say what you will about The Phantom Menace, but it’s crucial to what makes Star Wars great. Sure, it introduced lots of not-so-popular characters and concepts, but it balanced that out with even more things that, in the 20 years since its release, ha...
‘Stranger Things’ arrives in ‘Fortnite’ with upside down portals Fortnite is no stranger to big-budget entertainment collaborations. It's already welcomed Iron Man, Thor, Captain America and Hawkeye as part of its Endgame mode and let players stealthily assassinate their rivals via its recent John Wick partne...
Sensex Gains Over 250 Points, Nifty Crosses 11,850: 10 Things To Know Breaking a two-day fall, domestic stock markets started Monday's session on a positive note led by buying across sectors amid strength in Asian peers. The Sensex index rose as much as 254.83 points in......
MIT's 'RoboRaise' helps you lift things by studying your muscles It's all well and good having a virtual assistant like Alexa or Siri in your lounge, but they make for a pretty useless robotic companion when it comes to shifting a sofa or getting a heavy box from a cupboard. MIT CSAIL has a solution in its si...
I just watched the ‘Stranger Things 3’ post-credits scene – here’s what happens You know what day today is, right? Yes, Independence Day, but it’s also the day so many Stranger Things fans have been waiting for — the third season of the hit Netflix horror show is available for streaming in its entirety. We’re l...
The ‘Stranger Things’ kids make out in Season 3 and it’s weird Warning: Mild spoilers ahead. In the first episode of “Stranger Things” Season 3, Eleven (Millie Bobby Brown) and Mike (Finn Wolfhard) make out. Last season of Netflix’s hit ’80s nostalgia sci-fi show saw the two pre-teens get together, a...
Stranger Things Season 3 Premiere: See Every Look as the Stars Arrive Hawkins, Indiana is going Hollywood! The cast of Netflix's Stranger Things turned out on Friday evening for the Season 3 world premiere, which took place in Santa Monica, Calif. Stars......
The 2015 Land Rover Defender Is So Bad at So Many Things But I Still Love It The late-model Land Rover Defender is a wildly enticing forbidden fruit we got to sample briefly here in America. It’s a fruit we’re still craving, even though a shocking amount of effort is expended to keep them forbidden. So I leapt at the chance t...
Cindy Sherman: ‘I enjoy doing the really difficult things that people can’t buy’ Ahead of a major London show, the artist talks about her childhood, therapy and her tricky relationship with successPerhaps the most intriguing exhibit in Cindy Sherman’s forthcoming retrospective at the National Portrait Gallery is the first, Cindy ...
19 Things You Didn't Know About These All-Star Female ESPY Nominees Serena Williams, U.S. Olympic gymnast Simone Biles, WNBA star Breanna Stewart and Alex Morgan, who helped lead the U.S. women's national soccer team to victory in the 2019 FIFA Women's......
UEFA's financial fair play rules: 7 things you need to know Freshly crowned Premier League champions Manchester City could be hit with a ban from next season's Champions League after a potential breach of UEFA's financial fair play rules. But what is FFP and how does it work?...
Is Microsoft teasing a Netflix tie-in? Stranger Things have happened Microsoft yesterday took to Twitter and Instagram to tease social media denizens with a cryptic Windows 1.0 video. After you check your calendar to make sure it’s still 2019, check out the posts below: Introducing the all-new Windows 1.0, with MS-Dos...
Stranger Things Season 3: In the Mood for Romance and Monsters? One summer can--and will--change everything for Stranger Things. While we're not at liberty to discuss [SPOILER] or what happens to [SPOILER], we can tell you love is in the air for some of......
PSA: Don't miss the Stranger Things 3 post-credits scene The new season of Stranger Things arrived on Netflix in the wee hours of this holiday morning, thereby giving you the push you need to bail on that mediocre Fourth Of July gathering hosted by your boss/distant relative/seasonal friend. While everyone...
Tarantino is back! 10 things we learned from Cannes 2019 Elle Fanning wins the style stakes, Quentin Tarantino gets movie nostalgia, film stars watch TV just like us, and everyone’s crazy about The LighthouseGood news from Cannes for anyone who went off Quentin Tarantino when he started making westerns and...
‘Stranger Things 3’ has an insanely cool Easter egg you probably missed When Stranger Things burst onto the scene about three years ago, it immediately became a mainstream hit and quickly became one of the most watched TV series in Netflix history. Impressively, the second and third seasons of Stranger Things not only ma...
We Built the 2,300-Piece Stranger Things Lego Set and Now We're in the Upside Down Lego my Eggo! When we saw that Stranger Things was getting its own 2,300-piece Lego set, Gizmodo video producer Raul Marrero knew he had to journey into the Upside Down and create this monstrosity. Check out our time-lapse video build of the Byers’ h...
Netflix's 'Stranger Things' got one thing wrong about 1985 — there were no red M&Ms While "Stranger Things," now in its third season, has what seems like hundreds of hidden Easter eggs and obvious nods to pop culture in the decade, there's at least one thing it got wrong about 1985 — there were no red M&Ms....
‘Stranger Things’ makes David Harbour’s dad bod a meme After three seasons, it’s clear that Netflix’s hit ’80s show “Stranger Things” knows its audience. Season 3 of the nostalgic sci-fi show leans into the fact that the internet loves David Harbour and his “dad bod.” It all but winks a...
Microsoft releases Windows 1.11 throwback app as a Stranger Things tie-in Enlarge / Eleven and the gang face down weird dangers yet again in the third season trailer. (credit: YouTube/Netflix) If you were one of the many people confused and curious about Microsoft’s apparent time-traveling social media blitz last week, w...
Things Were Going Great for Wall Street. Then the Trade War Heated Up. Stocks fell more than 6 percent in May, as threats to the global economy seemed to proliferate by the week, with tariffs rising and talks yielding no meaningful results....
Stranger Things Is Getting a Striking New Art Book, and We've Got a Peek Inside A few years back, we shared a gorgeous art book from Printed In Blood paying tribute to John Carpenter’s The Thing. The imprint’s latest release is just as stunning, with art that brings the topsy-turvy world of Netflix’s Stranger Things to vivid lif...
Yankees greats predict big things from this year’s team It has been long enough since the Yankees last won a World Series that three members of that team were back for Old-Timers’ Day on Sunday. They’d like to see another title before coming back again next year. “The Yankees need to win again,” said John...
Midsommar director Ari Aster: 'I often cling to dead things' His wickedly hilarious films are the stuff of nightmares but the man behind the gory Hereditary has his own terrors to conquerMidsommar is an agonisingly lovely horror film about four American students bungling an invite to a pagan celebration in Swe...
Netflix to launch Stranger Things mobile RPG in 2020 In anticipation of the third Stranger Things season set to debut on July 4th, Netflix announced a brand new mobile game under the successful franchise. Developed in collaboration with Next Games, makers of The Walking Dead games, the free-to-play Str...
Fortnite x Stranger Things Crossover Is Just a Couple of New Skins As part of its crossover with Netflix's Stranger Things, Epic Games has added a couple of new skins - Chief Hopper and the Demogorgon - to Fortnite, in addition to a "Vines" weapon wrap....
Sensex Jumps Over 350 Points, Nifty Hits 11,800: 10 Things To Know Domestic stock markets started Wednesday's session on a strong note tracking global peers, where equities jumped on easing concerns on the US-China trade front and hopes of monetary easing. The S&P......
Canada's Trudeau condemns Trump attacks: 'That is not how we do things' Canadian Prime Minister Justin Trudeau on Monday added his voice to those condemning an attack by U.S. President Donald Trump against four minority Democratic congresswomen, saying "that is not how we do things in Canada."...
For the industrial Internet of Things, defense in depth is a requirement Enlarge / Sensors, sensors everywhere! (credit: Getty / 7postman) Ars yesterday wrote a big feature on the concept of "Industry 4.0," the fancy-sounding name that describes the ongoing shift in how products are created from raw materials and distri...
‘Stranger Things’ Season 3 Recap: All’s Well That Ends Weird The third season brought all the nostalgia, gross-outs and character-driven emotion we’ve come to expect. But the ending left some lingering questions....
Ensuring the ‘lungs of the planet’ keep us alive: 5 things you need to know about forests and the UN Forests are vitally important for sustaining life on Earth, and play a major role in the fight against climate change. With the 2019 session of the United Nations Forum on Forests wrapping up on Friday in New York, we delve deeper into the subject, a...
Blockchain, AI Combine to Make an Internet of Smarter Things Hewlett Packard Enterprise is researching ways that artificial intelligence can make medical equipment, industrial robots and other internet-connected devices smarter while protecting data privacy....
'Stranger Things' tackles teen troubles in third season More puberty, more problems is the rough mantra for the new season of "Stranger Things," which builds upon the story so far without bending the mold in the mix of '80s nostalgia and more movie/TV references than you can shake a library of Stephen Kin...
Watch: 'Stranger Things' Season 3 will be the 'summer of love' The cast of Netflix's "Stranger Things" appeared on "Good Morning America" Wednesday to discuss the upcoming third season of the supernatural series....
Five things to watch for at Tesla’s annual shareholders meeting Tesla's annual shareholder gathering is typically a ritualized affair where Elon Musk talks about his bold vision for the future, but there’s also corporate governance business to attend to....
Spoiler alert: Is this ‘Stranger Things’ character really dead? Spoiler alert: a major plot point is revealed at the end of “Stranger Things” Season 3 — do not read further if you want to be surprised. Still here? Season 3 of Netflix’s hit ’80s nostalgia show takes a leaf out of the “Game of Thrones” book a...
Google CEO Tries to Smooth Things Over After YouTube's Anti-LGBTQ Shitshow The complete and utter shitshow that is YouTube’s bungled response to addressing anti-LGBTQ harassment on its platform today brings us a response from Google CEO Sundar Pichai following a meeting with LGBTQ groups at the company.Read more......
Work to make the world a better place: 5 things you need to know about ‘green jobs’ Imagine a world in which practically everyone works in jobs that are helping to transform the global economy, and bring about a world where business can thrive and the needs of the most vulnerable people are met. ...
‘Siren’ star Eline Powell dishes on all things mermaid Freeform show “Siren,” which follows a small coastal town beset by dangerous mermaids, is now in its second season (Thursdays at 8 p.m.) Star Eline Powell who plays central mermaid Ryn, will be in Saturday’s Coney Island Mermaid Parade (her float wil...
Stranger Things, Money Heist, Typewriter, and More on Netflix This July Stranger Things season 3, Money Heist season 3, Queer Eye season 4, Orange Is the New Black season 7, Sujoy Ghosh'sTypewriter, Jerry Seinfeld's Comedians in Cars Getting Coffee, and more - these......
Here's Your Spoiler-Filled Stranger Things Season 3 Discussion Zone Stranger Things’s third season is finally upon us, and it’s pretty dang great. Just itching to talk about everything that went down in our latest visit to Hawkins? Well, here’s your chance to do so, free from having to worry about spoiling other folk...
Stranger Things delivers slick action and adventure, code red! This is a code red!“You can stop this,” Tom (Michael Park), editor of The Hawkins Post, pleads with his daughter as he waits, bound, next to his sobbing wife.“There is no stopping it, Daddy,” Heather tells him gently. “You’ll see.”...
The 11-Foot-8 Bridge Claims Another Sacrifice to the God of Things That Are Taller Than You Thought It’s happened again! Durham, North Carolina’s most famous, dynamic, and charismatic bridge-citizen, the 11 Foot 8 railway bridge, has once again demanded a sacrifice, and once again the Great Trucker has provided. This time, it’s a “bucket truck,” on...
IRCTC Ticket Concession Rules For Senior Citizens: Five Things To Know Concessions on fares are available for male senior citizens of minimum 60 years and female senior citizen of minimum 58 years. The element of concession is 40 per cent for men senior citizens and 50......
'Stranger Things' x 'Fortnite' crossover adds a couple of skins Netflix's release of Stranger Things 3 has brought along an unprecedented number of marketing tie-ins, which include a link to Fortnite. Some familiar-looking teleporters popped up in the game's mall area yesterday to join already-included ...
'Baseball connects to all kinds of things': Paul Goldberger on ballparks To the critic and author of Ballpark: Baseball and the American City, the buildings dedicated to the game are as essential to American society as they are symbolic products of it“The ballpark,” Paul Goldberger says, “is a symbolic resolution of two t...
Retirement savings 101: Here are 7 things to know before investing in a target-date fund A target-date fund is a fund of mutual funds that becomes more conservative with time. Here's what you should know about this retirement saving tool. ...
A dad sent up his drone to get photos of his kids at the beach in Florida. Then things got scary Dan Watson, 35, captured overhead photos of a shark swimming near his family at New Smyrna Beach in Florida. ...
A Pokemon Go-Style Stranger Things Mobile Game Is in the Works Netflix and Next Games have announced a new free-to-play Stranger Things mobile game, which will be a "location-based RPG / puzzler" that sounds a bit like Pokemon Go....
In Stranger Things 3, the Hawkins Crew Feel the Pain of Growing Up In Stranger Things season 3, set in the summer of 1985, the Hawkins crew are full-fledged teenagers dealing with new romances and threats old and new. Stranger Things 3 release date in India is July 4......
Stranger Things Is Netflix's Hunt for a Billion-Dollar Franchise For all of Netflix's success, it has struggled to dispel industry criticism that it churns through projects, never giving a show more than a few weeks in the spotlight....
‘New Coke’ is back 34 years after fizzing out — blame ‘Stranger Things’ If Crystal Pepsi is next on deck, we’re outta here. To the chagrin of many, it was announced on Tuesday that Coca-Cola is reviving the oldie but baddie, “New Coke,” the onetime buzzed about soda from the ’80s that fizzled faster than Debbie Gib...
Sensex Falls Over 200 Points; Auto, Pharma Stocks Down: 10 Things To Know Domestic stock markets started Friday's session on a lower note amid a mixed trend in Asian peers. The S&P BSE Sensex index fell as much as 224.63 points to 39,377.00 and the NSE Nifty moved to......
Stranger Things 3 Is Like an 8-Hour Summer Blockbuster, Here's Our Non-Spoiler Review Almost two years after its second season debuted, Stranger Things 3 finally comes to Netflix this week. We’ve seen it, we’ve enjoyed it, and we’ll get into a lot of the specifics after everyone else has had a chance to do the same. Until then though,...
In Final Stranger Things Season 3 Trailer, the Monster Has a Voice With Stranger Things season 3 less than two weeks away, Netflix has released a new and final trailer that shows what the Hawkins teenagers are up against and gives a voice to the monster....
'Stranger Things' Final Trailer sets the stage for season three Since premiering in July 2016, Stranger Things has become an award-winning and widely-appreciated Netflix series. Season three is almost ready for release on July 4th -- along with a game for Xbox One, PS4, Switch, PC and mobile devices -- and after....
‘Stranger Things’ writers dared everyone to find an Easter egg in the new season The Stranger Things writers sure had a lot of fun this time around with all of the Easter eggs, pop culture references and the like that they packed into the just-released third season of the hit Netflix series (Don’t worry, no spoilers below i...
Stranger Things Season 3 Ending: New Hope for Life Beyond the Cliffhanger? It's been a few days, and if you made the correct life choices, you have finished Stranger Things season three by now. If you haven't finished, this is your one and only spoiler......
Read this: Let’s take a closer look at all the stores in Stranger Things’ Starcourt Mall Sure, the special effects in Stranger Things 3 were impressive, with exploding rats and a spider-y Mind Flayer and powerful Russian lasers trying to re-open the portal into the Upside Down. But…did you notice the endless stacks of bright ’80s clothes...
'80s nostalgia reaches logical conclusion with this Strangers Things/New Coke ad Stranger Things, set to return for a third season in just a few weeks, has never met something from the 1980s it doesn’t like. There’s no proof of this more convincing than its latest promotional spot: a tie-in with Coca-Cola that, as we first braced...
Sarah Paulson finally has better things to do than appear on American Horror Story According to Variety, Sarah Paulson will be sitting out most—if not all—of the upcoming American Horror Story: 1984 season, meaning this will probably be the least screen-time she has had since the show’s first season (she only appeared in three epis...
Stranger Things 3 smashes viewing figure record for Netflix Over 40 million households tune in to watch season three of the 80s-set fantasy drama in the first four days of its release, a record for the streaming giantStranger Things 3 has broken viewing records for Netflix, becoming the most watched film or s...
These three things make your business an easy target for a cyber attack A new study shows cloud applications are vulnerable entryways for hackers to gain access to company data. The good news is you can protect yourself. ...
Opinion: U.S. women called a lot of things at World Cup, but slackers won't be one of them USWNT coach Jill Ellis says her team will play to win, even though Group F winner likely will have to play France and England to get to title game. ...
Let Juan Manuel Fangio Inspire You to do Amazing Things Today El Chueco has long been an inspiration of mine, as he managed to do things in a car that nobody even thought possible. He was the best driver of his time, perhaps of all time. If you aren’t convinced, click the play button on the video below, because...
'Things are changing so fast': the benefits and dangers of robots in the UK workplace Politicians, trade unionists and experts have set out to learn more about the new industrial landscape“We are under the threat of closure all the time,” says Andrew Peters without a hint of fear in his voice.As though repeating himself for the hundre...
Wilmer Valderrama Steps Out With Amanda Pacheco: 5 Things To Know About the Model New couple alert? Wilmer Valderrama has been spending time with Amanda Pacheco in recent weeks. The 39-year-old NCIS actor and the 28-year-old model have been spotted out and about in Los......
Pamela Adlon: ‘Better Things is about hope and love amid the darkness’ The star and creator of the comedy hit talks about life, TV, bringing up three daughters as a single mother in LA and making it big after 50This is fuckin’ inner sanctum,” says Pamela Adlon. We’re speaking over FaceTime, and this is a quiet morning i...
'Stranger Things 3' pays respect to the power and perils of tech Warning: While we've tried to avoid any spoilers in this story, the following article does refer to scenes and themes throughout the season. When members of the Stranger Things cast visited The Tonight Show earlier this month, Jimmy Fallon aske...
The new season of ‘Stranger Things’ brings back mall nostalgia The third season of “Stranger Things,” set in 1985, begins with the gang — who now range in age from 14 to 18 — at their local mall. They hit up the movie theater to watch “Day of the Dead,” exchange insults with one character’s sister who’s hanging ...
Aziz Ansari Says All the Right Things—But Implicates Everyone—in His Netflix Comeback Special The first clue that Aziz Ansari: Right Now is going to be more somber than the typical stand-up special is the song that opens (and closes) it: “Pale Blue Eyes” by the Velvet Underground. One of the saddest, prettiest compositions in the ...
Key Things To Know About IRCTC Norwegian Getaway Cruise Tour Package IRCTCNorwegian Getaway Cruise's tour package cost is Rs 3,16,365 per person on triple occupancy basis and covers destinations like Finland, Denmark, Germany, Poland, Russian Federation and Sweden....
This Cool Short Film Turns Stranger Things Into Anime Hawkins is about to get real animated. This new short film takes highlights from Stranger Things’ first two seasons and flips them, well, Upside Down. Read more......
5 things that have changed since Michael Jackson's death 10 years ago Michael Jackson died on June 25, 2009, at his home in Los Angeles of a drug overdose administered by his doctor. ...
The dumbest things baby boomers do on social media, according to millennials Millennials are striking back. Tired of being dissed by their elders, 20- and 30-somethings are taking to meta Facebook groups to mock the digital ineptitude of baby boomers. “A group where we all pretend to be boomers” has racked up more than 241,00...
Flying this summer? 8 things to know if you haven't been on a plane for a year Summer travelers can expect busier airports, higher bag fees and seat selection fees, more basic economy tickets and potentially longer TSA lines. ...
Stranger Things season 3 reveals a character's number – and you can actually call it If you've binged all of Stranger Things season 3, and are craving a connection to Hawkins, Indiana, you'll be pleased to know that you can actually call one of the characters from the hit Netflix show. After his phone number was reveal...
'Things could get so much worse': inside the Handmaid’s Tale’s darkest season yet Its latest episode featured one of its most sickening images to date – but, argue the show’s stars and creators, the drama only reflects an increasingly disturbing America‘I have a very high tolerance for things that are dark and brutal,” says Elisab...
The Cars of Stranger Things Season 3 Keep a Great Car-Casting Streak Going I’ve done roundups of the cars in Stranger Things for the past two seasons, so if you were hoping I’d just forget and you could slide by without scrutinizing the cars of the show, I have terrible news for you: we’re doing season three! And, even wors...
Things Get Awkward on 90 Day Fiancé: The Other Way When Jihoon Learns About His Sleeping Arrangement Deavan and Jihoon met online, three months later they met in person, and weeks later they were expecting a child together. Now, they're back together--with Jihoon's parents and......
New Stranger Things S3 trailer teases: What if the Mind Flayer never left? The plucky teens from Hawkins, Indiana are back in Netflix's hotly anticipated Stranger Things season 3. You know that annoying houseguest who overstays their welcome and just won't leave? It looks like the interdimensional monster known as the Min...
| Brumbies capable of 'special things' despite gruelling road trip Brumbies coach Dan McKellar says his tight-knit team are capable of "special things" as they ready for one of world sport's most gruelling road trips....
Three things we learned from royal baby Archie's birth certificate Prince Harry and his wife Meghan kept much under wraps about the birth of their first son, Archie Harrison Mountbatten-Windsor, in the morning of May 7....
Investor Karen Firestone: Keep an open mind when companies try new things that seem out there Equinox is branching out of its expertise, opening its first branded hotel and investing in a real estate project that will include co-workspace and apartments....
7 Black-Ass Things I Will Teach My Kids to Make Them HBCU Ready My daughter is now 10 years old. This means in 8 years she’ll be off to Spelman College in Atlanta to become the best she can be at the best HBCU in the country. I remember announcing on this here website that her mother was pregnant. Oh how time fl...
Some Kids Who Inherited Billions Saying Dumbass Things, Obliviously? Give It To Me! What’s this—an interview of a couple of billionaire heirs in a “safe” publication in which they fuck up and say some dumb ass class war shit? Hell yeah. Hell yeah. That’s the shit I like, to read....
3 things to watch when you're buying stocks for the long term Careers have been made and lost on one big stock market timing call. Remaining invested is a much better long-term strategy. ...
People love ‘Stranger Things’ so much they’re rejoining Netflix just to watch it By now, it’s conventional wisdom that Stranger Things is one of the most popular and even among the best original series that Netflix has ever released. Netflix proudly declared that a record-breaking 40.7 million households streamed the newest...
New Coke Was a Debacle. It’s Coming Back. Blame ‘Stranger Things.’ The creators of the hit Netflix series wrote the failed beverage into the coming season as part of a big marketing push. With memories of a 1985 backlash faded, Coca-Cola dug out the old recipe....
Sensex, Nifty Turn Flat Amid Jittery Trade: 10 Things To Know Domestic stock markets gave up early gains to move in a tight range on Friday afternoon amid a mixed trend in Asian peers. The S&P BSE Sensex declined as much as 193.3 points from an intraday high of......
Stranger Things swaggers home in a comfortable, confident season premiere In the first few minutes of Stranger Things’ third season, not much seems to have changed. In a familiar-looking underground lab, scientists and soldiers steeped in a familiar frisson of stress and sweat blast an elaborate beam into a familiar portal...
Summer 2019 preview: Streep, Springsteen, ‘Spider-man’ heat things up Springsteen, Streep and Spider-Man — and that’s just for starters. This summer promises to be a hot ticket, with new albums from The Boss and Madonna, plus four live shows in New York by Ariana Grande. Stay tuned, too, for movies — both new (Mindy Ka...
Stranger Things 3 Breaks Netflix Records, Watched by Over 40 Million Accounts Stranger Things has broken Netflix viewing records with the global launch of its third season, the streaming giant said in a rare tweet publishing viewing data....
‘Stranger Things’ cast pranks fans at wax museum with Jimmy Fallon Madame Tussaud’s “Stranger Things” attraction came to life Wednesday. The young cast of Netflix’s hit sci-fi series teamed up with Jimmy Fallon to prank unsuspecting visitors at the Times Square venue on last night’s epi...
With Darkness on the Edge of Town, the Stranger Things expanded universe begins Behold, Stranger than fiction. [credit: Nathan Mattise ] Back in the summer of 2016, Netflix wasn't Netflix, TV Industry Conquerer™ just yet...
Let’s Discuss the Stranger Things Season 3 Theories About This Beloved Character’s Fate Warning: This post contains major spoilers for Stranger Things season 3. The final episode of Stranger Things season 3, “Chapter 8: The Battle of Starcourt,” became a devastating one for fans of Hopper (David Harbour) when Hawkins’ ...
The Mind Flayer is feeling chatty in the final trailer for Stranger Things 3 If there’s a weakness to the inhuman supernatural beasties roving around Hawkins, Indiana in Netflix’s hit sci-fi series Stranger Things, it’s that they’re, well inhuman. After the show killed off human villain Matthew Modine at the end of its first ...
‘Stranger Things’ portals invade ‘Fortnite’ ahead of season 3 release With just hours to go until Stranger Things 3 arrives, The Upside Down appears to be leaking out into other realities, as Fortnite players have begun to spot portals from the popular Netflix series inside the game. As of Wednesday morning, orange por...
Dauntless Struggled With Online Issues In Its First Week, But Things Are Finally Improving Dauntless, an online multiplayer game inspired by Monster Hunter that officially released earlier this week, has been slammed with matchmaking issues and server problems in its opening days, but its developers say things will get better....
Nielsen says new 'Stranger Things' season had record 26.4 million US viewers in first four days According to Nielsen, during the four-day holiday weekend of July 4, the third season of "Stranger Things" was watched by a record-high 26.4 million U.S. viewers, about 17% higher than season two of the show....
Massive advertising push helps ‘Stranger Things 3’ hit audience record It should come as no surprise to anyone who got caught up in the Stranger Things 3 excitement when the new season was released on Netflix on July 4, but interest in the supernatural series about a group of young friends in 1980s Indiana got especiall...
Human ashes, Buzz Lightyear and a sandwich: Strange things we sent into space We've sent hundreds of things to space, from fun, to sentimental, to slightly bizarre. Here are a few of the most interesting. ...
Inside Hopper's Stranger Things Season 3 Journey With David Harbour Jopper fans, you're in for a treat. While we can't tell you too much about what happens in the third season of Stranger Things, David Harbour is here to tease what goes down with......
Dacre Montgomery: I Put Every Drop of Energy Into Billy for Stranger Things Season 3 Forget fireworks, we know your July 4 will be spent indoors with Stranger Things. And--spoiler alert--you'll be making the right choice. This season of Stranger Things is firing on......
Drink like it’s 1985: Coca-Cola revives New Coke for Stranger Things 3 New Coke, Stranger Things-style Stranger Things season 3 is coming to Netflix this July 4, and it's going to be set in the year 1985. As a period detail, the show is going to make reference to New Coke, a disastrous 1980s effort from Coca-Cola to u...
5 things first-timers should do in Grand Cayman, from snorkeling with stingrays to bioluminescent kayaking The 102-square-mile Grand Cayman Island has snorkeling with stingrays, scuba diving, walks along Seven Mile Beach, a botanical garden, and kayaking. ...
Lashana Lynch to Play 007 in Bond 25: 5 Things to Know About the History-Making Actress History is being made in the James Bond movie franchise! Over the weekend, pop culture fans started buzzing when The Mail on Sunday reported that Lashana Lynch will play 007 in Bond......
The Internet Is Head Over Heels for a True Hero of Stranger Things Season 3 Warning: This post contains spoilers for Stranger Things. He had us at one Slurpee sip. We already told you Russian scientist Alexei (Alec Utgoff) was an amusing, delightful, valuable player, and now that people have devoured the show, the internet i...
Trump confident Hong Kong and China will 'work things out' after protests U.S. President Donald Trump said on Wednesday he was sure China and Hong Kong would be able to "work things out" after mass protests in the city against an extradition bill that would allow people to be sent to mainland China for trial....
Windows 1.11 is a Stranger Things 3 tie-in that lets you save the world and wallow in nostalgia Stranger Things season 3 is set in 1985, which coincidently is also the year Windows 1.0 was released, and to celebrate, Microsoft has released the Windows 1.11 app for Windows 10.Not only does the Windows 1.11 app emulate the user interface of the f...
Stranger Things Season 3 Ending, Post-Credits Scene Explained Billy and Chief Hopper both died in Stranger Things season 3 finale, with Eleven also losing her powers. Here's an explanation of the ending, and the post-credits scene which talked about "the......
Goldfinger: Prince Charles points at things on the James Bond set – in pictures The heir to the throne called in at Pinewood Studios to meet stars and crew on the 25th 007 film. We rate HRH’s top 10 gesticulations Continue reading......
Netflix to launch a ‘Stranger Things’ game in the style of ‘Pokemon Go’ in 2020 Looking to capitalize on the mainstream success of Stranger Things, Netflix recently announced a new partnership with Next Games to develop a brand new Stranger Things video game. “Our core focus will be to deliver on Stranger Things’ ric...
Anthropologie is having an amazing sale on all things home—for a short time Anthropologies "Summer Home Event" offers big savings on gorgeous furnishings, home decor, kitchenware, and more. ...
Nimko Ali: ‘Orgasms and sexual pleasure are a human right. I guard these things with my life' For her first book, the anti-FGM campaigner spoke to 150 women around the world about sex, periods and more. She shares what she learned, and why she supports Boris JohnsonThere is a Somali phrase, says Nimko Ali, that sums up the paradox of her stat...
Things to Do in N.Y.C. This Summer: A Day Trip to Cold Spring, Complete With Kayaking and a Castle Cold Spring is home to excellent hikes, a bucolic Main Street and scads of suburban charm. It’s also a launch site for awesome kayak tours of the Hudson....
This New Stranger Things Season 3 Poster Will Give You Chills (And Plenty of Clues) We're only a month away from Stranger Things season three--or Stranger Things 3, depending on who you ask--and Netflix is celebrating the countdown to new adventures in Hawkins, Indiana with a......
Buttigieg slams Trump on Fox News, likens his tweets to ‘grotesque things' Trump criticized Fox News for ‘wasting airtime’ on Buttigieg, saying Fox is ‘moving more and more to the losing side’Pete Buttigieg jabbed at Donald Trump during a Fox News town hall on Sunday, saying he understands why people and the media are “mesm...
Arsenal's Lucas Torreira: There are not many things I enjoy about life in England Arsenal midfielder Lucas Torreira has opened up about his struggles adapting to English life, admitting the language barrier and climate are two things he does not enjoy about the country....
We regret to inform you that Stranger Things is bringing New Coke back from the Upside Down Those who lived through New Coke’s short but terrifying reign in 1985 are still traumatized by Coca-Cola’s ill-conceived attempt to reinvigorate the iconic brand with a new formula. We can’t even talk about it. Actually, we don’t talk about it. Hones...
How Bradley Cooper and Irina Shayk Are Keeping Things as Normal as Possible For Their Daughter Breakup aside, Bradley Cooper and Irina Shayk seem to be keeping things cordial for the sake of their 2-year-old daughter, Lea de Seine Shayk Cooper. Previously, a source told E! News......
Flipkart, Axis Bank To Launch Credit Card This Month: 10 Things To Know E-commerce major Flipkart has partnered with private sector lender Axis Bank to launch a co-branded credit card. The new co-branded card - powered by payments processor Mastercard - will offer......
‘Stranger Things 3’ breaks Netflix record for most-viewed series in first four days (CNBC) – “Stranger Things” just broke a record. The latest installment of the hit series has been viewed more times than any other film or series on Netflix in the first four days since it was released, the company said. cue the fireworks. #St...
Review: ‘Stranger Things’ reinvents itself for a stellar Season 3 Netflix's supernatural hit 'Stranger Things' was a little too repetitive in Season 2, but Season 3 manages to find greatness by changing direction. ...
Eden Hazard has done 'great things' at Chelsea and for football, say teammates – video After scoring twice in Chelsea's 4-1 win over Arsenal in the Europa League final, Eden Hazard confirmed his desire to call time on his career with the London club to seek new challenges.Chelsea captain César Azpilicueta admitted Hazard's departure wo...
Draymond Green Has Done Many Dumb Things, But Calling A Non-Existent Timeout Wasn't One Of Them For people who enjoy watching nard-kicker and general loudmouth Draymond Green suck and fail, the 2019 NBA Finals provided few moments of satisfaction. He was mostly brilliant in the series, and made a couple of the best plays in Golden State’s Game ...
Meghan McCain ‘in talks’ to return to ‘The View,’ but ‘some things need to change’: report Following reports that conservative commentator Meghan McCain is considering leaving ABC’s “The View,” we hear the embattled host would actually like to remain on the show....
No, Big Little Lies, Stranger Things, and The Handmaid's Tale Did Not Get Snubbed by the 2019 Emmys Don't get yourself too worked up just yet! You may not have been able to spot Stranger Things, Big Little Lies, or The Handmaid's Tale--three of the biggest shows of the......
The ‘Game of Thrones’ finale didn’t answer all of our questions. Here are 13 things still bothering us. Even though the ashes have settled on King’s Landing, audiences are still not totally satisfied with the ground covered over eight seasons of the HBO show....
European election results left things clear as mud | John Crace Mackenzie Bezos’s largesse left me cold, but at least I’ve got 63 Up to look forward toMondayThe results of the European elections told us exactly what we already knew: that the country is hopelessly split. Just over a third of the country want a no-...
Krispy Kreme's Parent Company Was Owned by Nazis and We Can't Have Nice Things It is with a heavy heart I’m passing on the worst news I’ve heard all day: Krispy Kreme’s parent company was once run by full-fledged Nazis. Who knew!...
Stranger Things' David Harbour Has Thoughts About That Post-Credits Sequence While Stranger Things’ third season spends a lot time focusing on how its younger characters are growing up, the show also explores how their maturation is effecting the adults in their lives—particularly Jim Hopper, who has a difficult time acceptin...
Brilliant ‘Stranger Things’ theory explains Microsoft’s puzzling Windows 1.0 teaser If you thought Microsoft announcing that the biggest thing about its Windows 10 fall feature release is the speed of the actual update was the strangest thing from the company this week, then you missed a tweet teasing the imminent arrival of the &ld...
Megan Rapinoe Refuses To Apologize For The USWNT's Crime Of Being Happy After Doing Cool Things The United States beat Thailand by a 13-0 scoreline on Tuesday, setting a new World Cup record for the largest margin of victory. In the process of making history, the USWNT players were pretty happy. Clearly, as certain moral pillars on Canadian and...
4 things we learned from Netflix's record-breaking 'Murder Mystery' viewership data Netflix's decision to share viewership data from "Murder Mystery" reveals several things about the company's strategy going forward as well as just how little context analysts have for the streaming information they do share....
The Stranger Things kids freaked the fuck out of people at Madame Tussauds Wax Museum When you’re a kid starring in Stranger Things, you’re used to freaky stuff, so it probably would take a lot to scare you. In fact, you might be more interested in scaring other people. So it’s not too surprising than when the young Stranger Things ca...
Stranger Things' Natalia Dyer Gives Rare Quote About Charlie Heaton Relationship Natalia Dyer is opening up about her relationship with co-star Charlie Heaton. The Stranger Things actors, who star as love interests Nancy Wheeler and Jonathan Byers in the hit Netflix......
Face It: Things Can’t Be Going Well For You If You’re Turning To This List Of People Who Found Success Later In Life For Comfort Don’t lie to yourself: The fact that you sought out this list of people who didn’t find success until their 40s or 50s is a pretty clear sign that things aren’t going too well for you. Go ahead and read it, but just keep that in mind....
Shark Role-Playing Game Maneater Is Like Grand Theft Auto, Of All Things “Picture Grand Theft Auto, but as a shark,” game designer Bill Munk said near the end of a demonstration of Maneater at E3 in Los Angeles last week....
New Coke, an Infamous Blunder, Is Making a Return to Celebrate ‘Stranger Things’ Season 3 (NEW YORK) — Coca-Cola drinkers will get a chance to relive one of the company’s darker chapters as New Coke makes a comeback under a partnership with the Netflix drama “Stranger Things,” the companies announced Tuesday. Seaso...
‘Love Island’: Meet the sexy cast ready to heat things up in Fiji Forget “The Masked Singer” — your most outrageous reality TV obsession is now CBS’ “Love Island.” Meet the British import’s first crop of USA contestants, who will be thrown together in a luxurious Fiji villa. Thes...
Trump presses Japan over trade gap, expects 'good things' from North Korea U.S. President Donald Trump pressed Japanese Prime Minister Shinzo Abe on Monday to even out a trade imbalance with the United States and expressed confidence, despite Japanese wariness, that "good things" would come from North Korea....
People Are Demanding Justice for the Major Stranger Things Character Who Met an Unfortunate Fate Warning: This post contains spoilers for Stranger Things Season 3 Stranger Things Season 3 left one of its most disheartening plot developments for the very end: Chief Jim Hopper is dead, at least if you believe what you read in the Indianapolis Gaze...
IoT Report: How Internet of Things technology growth is reaching mainstream companies and consumers This is a preview of the Internet of Things (2018) research report from Business Insider Intelligence. To learn more about the IoT ecosystem, tech trends and industry forecasts, click here. The Internet of Things (IoT) is transforming how companies a...
Things Get Messy When Natalie Halcro & Olivia Pierson Try Goat Milking for the First Time on Relatively Nat & Liv When life gives them lemons, Natalie Halcro and Olivia Pierson make a mean batch of lemonade. Goat's milk? Different story. But the ladies are all about trying new things in this......
Stranger Things’ Maya Hawke on Robin’s Big Moment and Her Beautiful Friendship With Steve Warning: This post contains spoilers for Stranger Things season 3. As Robin on Netflix’s Stranger Things, 20-year-old actor Maya Hawke got her breakout role. A few essential facts to get out of the way: Hawke’s parents are Hollywood veter...
Comedian Pete Holmes was a good Christian guy. Then his wife left him, and things got weird. Growing up as an evangelical, Pete Holmes thought he was doing everything right. He believed in the Bible -- all of it -- and said he didn't smoke, drink or have sex before marriage....
Kanye West tells Letterman public 'completely bullied' by media to 'think certain things' Rapper Kanye West blasted the media during his interview with David Letterman that aired on Netflix on Friday night, claiming Americans are "completely bullied" by the press to "think certain things."...
"Absolutely 100 Percent Not Guilty": 25 Bizarre Things You Forgot About the O.J. Simpson Murder Trial How time flies when the world's gone mad. On June 13 it will be 25 years since Nicole Brown Simpson and Ronald Goldman were murdered outside her front door while her children slept......
Stranger Things 3 gets kaleidoscopic new poster, tons of fresh plot and character details Stranger Things 3 dropped one of the year’s best trailers back in March, amping up anticipation for what looks to be a darker and, dare we say, steamier season of Netflix’s ‘80s-set sci-fi series. Today, it turns out, is an important day for the show...
Everyone and Their Mother Are Participating in the Endlessly Catchy Stranger Things Neverending Story Challenge Stephen Colbert and Jimmy Fallon are supposed to be rivals battling it out over late night talk show ratings, but something has united them—The Stranger Things-Neverending Story Challenge. It’s not too much of a Stranger Things 3 spoiler ...
Licensed to fill out: from Stranger Things to Star Wars, the tie-in novels continuing the story After the credits roll, have you ever wanted to know what happened next? Authors explain how they win the blessing of Hollywood – and fansIf you’ve ever wondered what Han Solo did after the Battle of Endor, or whether Doctor Who would enjoy the Isle ...
Brian K. Vaughan and Cliff Chiang's Paper Girls might end up being Amazon's answer to Stranger Things Okay, so get this: There’s this series that’s been running for a few years now, right, about a bunch of tweens trying to live their lives in the 1980s Midwest, riding their bikes, shooting the shit, and just generally coming of age. The only problem:...
Stranger Things' Natalia Dyer Subverts the 'Lost Girl' Trope in a New Sci-Fi Short Film One of the common tropes in fiction is the “lost girl,” where a young woman goes missing and the majority of the film or series is spent trying to find out what happened. This can make for suspenseful viewing, but it also forces the female character ...
Netflix teases new games at E3 2019, including a location-based Stranger Things mobile RPG Netflix is no stranger to gaming, and it's pouring more resources into seeing its star Netflix Originals show, Stranger Things, among favorite app store games."We have a new Stranger Things on mobile platforms coming in 2020," said Chris Lee, Ne...
Mississippi GOP candidate responds to 'sexism' claims, says public can 'perceive' things when man alone with female reporter A Mississippi gubernatorial candidate responded to sexism claims from a female reporter who he informed couldn't shadow him unless another person accompanied them....
Ingrid Michaelson and Artist Nicola Scott Create a Pretty Tribute to Stranger Things If you’ve never heard of Ingrid Michaelson, she’s a pretty fantastic indie pop folk artist. Her newest album is a long tribute to Stranger Things, and the newest video released for the project is lush. Read more......
Cary Elwes invites you to his Fourth Of July carnival in cryptic new Stranger Things teaser Stranger Things’ previous trailers haven’t offered us much on Cary Elwes’ Mayor Kline, but one thing’s for sure: the man loves fireworks. That much is clear in the latest teaser for Netflix’s sci-fi throwback, which highlights the Hawkins Fourth Of J...
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Index C
Grade: D+
Publisher: Mindscape (1992)
I'm from Baltimore, and Cal Ripken is revered in these parts. But I don't think Cal had much input into this game. Simply put, Cal Ripken Jr. Baseball is unsurpassed in terms of sheer mediocrity. It came out about the same time as Sportstalk Baseball, and frankly, there's no comparison. While it isn't particularly bad in any way, it doesn't have much to offer either. There are no major league teams or players (except Cal, of course), and you only get three fictitious stadiums. The graphics are dull, and all the players look the same (generic white guys - like Cal!). The pitching controls are simplistic (fast, slow, curve), and the exceedingly large outfield area allows too many balls to be hit into the gaps. It's hard to field the ball with your tiny players, and you'll need to use the dive button to snag anything that's not hit directly to you. Close plays result in a close-up "action window" - a nice touch, but if you blink you'll miss it! As far as the sound effects go, an umpire calls strikes, balls, and outs, but he has a bad case of bronchitis. At least after you hit a homerun you get to hear the "Bad News Bears" theme - I like that. The league mode provides a password to save your spot, and the homerun derby mode is unusual in that it scores points for hits other than home runs. Overall, Cal Ripken baseball is a fair but unremarkable baseball game. © Copyright 2001 The Video Game Critic.
Find Cal Ripken Jr. Baseball on
If you like this game, try: Cal Ripken Jr. Baseball (Super Nintendo),
Ken Griffey Major League Baseball (Super Nintendo), MLB 99 (Playstation),
World Series Baseball (Game Gear), Bad News Baseball (NES)
Publisher: Mentrix Software (1991)
Rare and Expensive May contain chickens
If this rare shooter has one thing going for it, it's instant gratification. In Caliber 50 you're a blonde-haired commando forging through jungle camps, deserts, and caves. Holding in B button unleashes rapidfire shots and you're never at a loss for ammo. The A and C buttons rotate your aim, allowing you to spray bullets with reckless abandon. Much like Forgotten Worlds (Sega, 1989) the scheme seems ideal until the action gets hectic and you forget which button is clockwise. In one treacherous area you must wade up a river bank lined with enemies, and the best I could do was continuously spin and fire non-stop. The sensitive controls make it hard to aim with precision but strafing enemies is a lot of fun. There are no pea shooters in this game, and the flamethrowers and rocket launchers are devastating. You automatically lob a grenade when you stop firing - a thought that will rarely (if ever) cross your mind. I still haven't figured out the heck are those orange things are that float around when you shoot something. Early in the game you can commandeer a plane and man its guns, mowing down enemies on the ground below. The first boss encounter is a trio of giant baboons who throw skulls that chase you like heat seeking missiles! The slowdown in this game is onerous at times and certain sound effects seem conspicuously absent. Caliber 50 is rough around the edges but once you experience its arcade shooting action all is forgiven. © Copyright 2018 The Video Game Critic.
Find Caliber 50 on
If you like this game, try: Forgotten Worlds (CD) (Turbografx-16),
Forgotten Worlds (Genesis), Afterburner II (Genesis),
K.C.'s Krazy Chase (Odyssey 2), River Raid (Atari XEGS)
Seasonal summer fun May contain hotties Supports three or more players
California Games sizzled on the 8-bit systems but fizzled on 16-bit machines. The five events look so much better yet play so much worse. It doesn't help that the developers felt compelled to shoehorn three buttons, making each event needlessly complicated. The half-pipe is so confusing and non-intuitive, any score over zero should be considered a victory. The second event is foot bag. Wait - foot bag? You mean the event known as hacky sack to the rest of the world? This simple keep-it-up game would have been okay if your character didn't constantly drift off the left side of the screen. Next up is surfing. As if the designers sensed the event needed some spice, they incorporated the idea of popping beach balls with the tip of your surf board! That makes no sense. In skating you control a bikini-clad chick navigating a sidewalk with obstacles like ice cream cones and sand. It's moderately fun but a few spills brings the action to an abrupt conclusion. In BMX bike racing you barrel over dirt hills and perform stunts in the air. It's probably the most playable event, but like the skating, a bad fall cuts the action short. In terms of graphics, California Game is a crowd pleaser. There are cool details like the Hollywood sign and passing traffic on the half-pipe screen. The Golden Gate bridge in the foot bag event looks digitized. And if you check out the background in skating, you'll spot a girl on the beach tanning with her top undone. The music is generally lame and often horrible. High scores are recorded for each event, but with no comprehensive score, it's impossible to crown a winner with multiple players. I thought California Game could get by on sheer variety, until Scott referred to it as "a variety of suck". © Copyright 2015 The Video Game Critic.
If you like this game, try: California Games (Lynx),
BMX Airmaster (Atari 2600), California Games (Atari 2600),
Captain America and the Avengers
Publisher: Data East (1992)
Let's face it: Captain America and the Avengers reside in the "lower tier" of the comic book hero hierarchy. As my friend Chris put it, "I didn't even collect comics as a kid, and even I knew the Avengers sucked!" In this side-scrolling brawler two players can team up against Red Skull and his minions. In addition to Captain America, you can play as Iron Man, Hawkeye (who?!), and Vision (what?!) Unfortunately, the chaotic two-player action suffers from severe flicker and collision detection issues, so it's best to play the game solo. The character sprites aren't very detailed, partly because they're rendered with thick black outlines. The backgrounds are generally bland, although I did enjoy the skyline and waterfront areas of stage one. The fighting action is fast - probably too fast for its own good. When our heroes aren't sliding around on the ground, they're hopping around like fleas. The control scheme seems unnecessarily awkward, requiring you to press two buttons to unleash special attacks like Iron Man's plasma ray. Captain America can throw his shield, and this attack is doubly effective since it also inflicts damage on its return trip. This game packs no less than twelve different boss characters, my favorite being a hulking robot that fills the screen in stage two. The beginning of stage two plays more like a shooter as you fly through the air while inexplicably blasting flying scuba divers spiraling out of control. The text dialogue provides an unexpected entertainment bonus, serving up dramatic exchanges like: "You can't escape!" "You will be the one escaping!" Marvel comic fans will also appreciate how obscure elements of the comics have been incorporated into the game. For example, during the shooting stages you're accompanied by a tiny character named Wasp. On the whole Captain America and the Avengers is average fare, but comic fans can probably bump up the grade by a letter. © Copyright 2008 The Video Game Critic.
Find Captain America and the Avengers on
Recommended variation: w/continues
Our high score: 212881
If you like this game, try: Marvel Super Heroes (Saturn),
Ray Crisis (Playstation), X-Men Legends (Xbox),
Marvel Vs. Capcom 3 (Xbox 360), Marvel Vs. Capcom (Dreamcast)
Castle of Illusion Starring Mickey Mouse
Suitable for children Great music Warning: May contain clowns
Castle of Illusion starring Mickey Mouse established Disney as a legitimate player in the video game industry. This enchanting and well-constructed platformer boasts all the lavish production values and timeless charm you'd associate with a Disney classic. Mickey is a likeable hero forging through exquisitely detailed fantasy environments. In the magical forest you butt-pounce on mushrooms and swing from ropes before running from a giant red apple (reminiscent of the boulder scene in Raiders of the Lost Ark). In the second stage you leap between floating leafs while avoiding spiders. I love the delicate music and the way the leaves dip slightly when you land on them. The Toyland stage features toy soldiers and clowns which frankly look kind of creepy. You hit an arrow icon to flip the screen, and the effect is jarring. Castle of Illusion is full of surprises and the controls are unique too. Pressing the jump button in mid-air causes Mickey to do a butt-pounce and you also have a healthy supply of apples to toss. The soundtrack is fantastic, with each stage having its own theme. Although short by modern standards, Castle of Illusion is an engaging journey from start to finish. © Copyright 2015 The Video Game Critic.
Find Castle of Illusion Starring Mickey Mouse on
If you like this game, try: Castle of Illusion starring Mickey Mouse (Sega Master System),
Epic Mickey: Power of Illusion (Nintendo 3DS), Mickey Mania (Super Nintendo),
Land of Illusion starring Mickey Mouse (Europe) (Sega Master System), World of Illusion Starring Mickey Mouse & Donald Duck (Genesis)
Castlevania Bloodlines
Castlevania was an insanely popular line of side-scrollers for the NES and SNES. After what seemed like an eternity, it finally arrived on the Genesis in the form of Castlevania Bloodlines. The game plays much like Super Nintendo's Castlevania IV, where you battle creatures of the night armed with a whip and other weapons. So how does this compare to its SNES counterpart? It's not quite as good, but still worth playing. The graphics aren't as detailed or colorful as the SNES version, but they still rate better than average on the Genesis. I found the controls to be a bit tricky when navigating the stairs, but other than that, this is pure platform heaven. I love the bosses, especially the wolf who shatters the windows with his howl. © Copyright 1999 The Video Game Critic.
Find Castlevania Bloodlines on
If you like this game, try: Super Castlevania IV (Super Nintendo),
Castlevania (NES), Castlevania III: Dracula's Curse (NES),
Castlevania Dracula X: Rondo of Blood (CD) (Japan) (Turbografx-16), Castlevania (Nintendo 64)
Chakan The Forever Man
Arthur Award for Extreme Difficulty
Whenever I think about this game, that old Chaka Khan song invariably starts playing in my head ("Chakan Khan let me rock 'ya, let me rock 'ya Chaka Khan, let me rock 'ya that's all I wanna do.") Why are you looking at me like that? Anyway, Chakan is a dark platformer that's far too difficult and unforgiving for its own good. You assume the role of a skeletal figure with a large black hat. This "forever man" is doomed to an eternal existence unless he can defeat the world's supernatural evils. Chakan is armed with two swords and can employ a variety of power-ups including invisibility, invincibility, high jumping, and enemy slow-down. Unfortunately, the game is saddled with the most convoluted power-up system ever conceived. It involves mixing potions on a separate "Alchemy" screen, and I never fully understood it. Chakan's graphics exude a gloomy occult flavor, with surreal environments, hideous creatures, and a murky musical score. I like the premise, but the pieces just don't quite come together very well. Chakan's movements are stiff. He ambles around slowly and can't jump very far. This is problematic when you take into account all of the high-altitude platform jumping with zero room for error. There are no checkpoints either - if you die, you restart the stage. Adding insult to injury, you're constantly pestered by small, regenerating birds and bugs. While they're not hard to kill, Chakan's stiff controls make it hard to wield your swords with any degree of precision. The larger enemies look scary enough, but they're so poorly animated that they might as well be statues. It's especially lame how they just blink as you slash away at them. Chakan is not ideal for the casual player. Its difficulty is through the roof, and even the so-called "easy" mode is frustrating. I felt like I was in my own little personal hell playing Chakan. Only hardcore gamers who enjoy pain should attempt this one. © Copyright 2006 The Video Game Critic.
Find Chakan The Forever Man on
If you like this game, try: Legend of Hero Tonma (Turbografx-16),
Dragon's Lair (3DO), Heart of the Alien (Sega CD),
Litil Divil (Philips CD-i), The Lost World: Jurassic Park (Playstation)
Chase HQ 2
Publisher: Taito (1992)
After being thoroughly impressed by the first Chase HQ (Turbografx-16, 1992), I expected big things from this sequel. Chase HQ 2 does have its moments. The object is to drive an undercover police vehicle through traffic and catch crooks by ramming their car repeatedly. The mission screens feature voice synthesis that sounds like pure gibberish. You can select between a sports car, a four-wheel drive, and a semi-truck. Each has a trade-off between speed and damage. The racing action isn't as fast or smooth as the Turbografx, and the roads look angular. I like the bonus multiplier that lets you rack up thousands of points for each passed car, and the lousy collision detection tends to work in your favor. Chase HQ 2 has a few surprises up its sleeve. In the opening stage you'll approach a city at night during a thunderstorm, and watching the lightning illuminate the dark clouds above the skyline looks awesome. After passing through a tunnel you suddenly find yourself driving in the country, which makes no sense. Other scenic locations include a coastal town and snow covered mountains. Occasionally you'll approach busy intersections, and you'll want to jump the conveniently-placed ramp to avoid a wreck. Crossing bridges is pretty cool, and the one in the coastal stage even has waves lapping up against it. Ice-covered bridges are a serious headache however, because it's so easy to slide off the side (no rails). The game introduces new hazards like bomb-dropping helicopters and thugs who fire guns from their cars. When you finally nab the crooks, it's satisfying to see cops holding guns to their heads ("just give me a reason punk!!") Chase HQ 2 isn't as polished as the Turbografx game, but it still delivers its share of high-speed fun. © Copyright 2014 The Video Game Critic.
Find Chase HQ 2 on
Our high score: CJS 184,520
If you like this game, try: Super Chase H.Q. (Super Nintendo),
Chase HQ (Turbografx-16), Chase HQ Plus SCI (Japan) (Saturn),
Driver (Playstation), Burnout (GameCube)
Chuck II: Son of Chuck
Publisher: Core (1993)
Seasonal summer fun May contain monkeys May contain sharks
The original Chuck Rock (Genesis, 1991) delivered zany prehistoric hijinx with a lazy couch potato of a caveman. This underrated sequel lets you control Chuck's son who's not even out of diapers yet! Wielding a massive club, the little brat slugs dinosaurs and throws explosive temper tantrums. That quivering lower lip of his is hilarious. He's not the most endearing character but Chuck Rock 2 reprises the same winning formula as its predecessor. The animation is smooth, the controls responsive, and I love the "thud" sound when you smack an enemy off the screen. The programmers clearly knew what they were doing, incorporating elaborate scaling and zoom effects. In addition to dinosaurs, you'll face prehistoric mammals, suggesting the game takes place in the Paleolithic era (or maybe I'm reading too much into it). You'll also face some cavemen dressed as dinosaurs - a form of cross-dressing quite common for the period. I like how your first hit knocks off the costume. Other enemies include hermit crabs, lizards, and banana-tossing monkeys. Benevolent creatures will carry you over treacherous terrain, including a giant black ant and a galloping ostrich. You'll explore flowery groves and volcanic caves, but I prefer the sunny water stages complete with surfers and water slides. Chuck Rock 2 is an ideal summer game, especially when the thunderstorms roll in. One original element is the ability to teeter on your club and let boulders pass harmlessly underneath. The stages are pretty dense and sometimes you need to take mandatory hits in order to make progress. When you lose a life the game doesn't reset so be ready to immediately continue. The soundtrack is lively and fun, and I enjoyed the subtle graphical details like bandages that appear on bosses as they take damage. In the past I never though Chuck Rock II lived up to the original, but in retrospect I think it's every bit as good. © Copyright 2015 The Video Game Critic.
Find Chuck II Son of Chuck on
Recommended variation: Easy
If you like this game, try: Chuck Rock II: Son of Chuck (Sega CD),
Chuck Rock (Genesis), Joe & Mac (Super Nintendo),
Pirates: The Legend of Black Kat (Xbox), Prehistorik Man (Super Nintendo)
Publisher: Virgin (1991)
This game is funny!
Back in the 90's, I remember running out to buy Chuck Rock after reading a glowing review in a game magazine. My friends loved this game. Not only is Chuck Rock fun to play, but its wacky prehistoric graphics are hysterical! The title screen depicts a jamming stone-age rock band, and I especially love that green dinosaur bassist with the big hair. Chuck is a loveable oaf of a caveman, with a clever name possibly inspired by a popular rapper of the day: Chubb Rock (remember the single Treat Em Right?). While it appears to be a basic platformer on the surface, Chuck Rock is sprinkled with imaginative elements. The main character's huge gut is used to bounce enemies off the screen, and he can also perform a nifty jump-kick. The cartoon-style visuals are not unlike Bonk's Adventure (Turbografx,1990). The colorful, layered backgrounds offer subtle details like eyes peeking through the woods in the background. The short-but-sweet stages include jungle, cave, water, ice, and graveyard scenes. The bosses are fun, but can absorb an inordinate number of hits. Most of your adversaries are small dinosaurs rendered in a wacky style. I love the pink elephants that split in half until you can squish them with your feet! Certain creatures are helpful, like the pterodactyl that flies you over a gorge or the brontosaurus that gives you a ride across a river. Boulders also play a key role. You can place them to reach high platforms, hold them over your head for protection, or toss them on enemies. Chuck's mannerisms are hilarious - especially when he takes a hit and let's out a crazy yelp. A "heart meter" in the lower left corner serves as a health gauge, and grabbing hearts causes it to "inflate". This game is brimming with personality, and it's well programmed to boot. The controls are responsive, and the collision detection is crisp. Distinctive sound effects provide positive reinforcement whenever you grab an item or defeat an enemy. Several continues are available, but Chuck Rock could really use a password system. The whimsical background music has a jazzy, funky flavor. If you own a Genesis and haven't played Chuck Rock, you're letting the best things in life just pass you by. © Copyright 2009 The Video Game Critic.
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Our high score: 148,100
If you like this game, try: Chuck II: Son of Chuck (Genesis),
Chuck Rock II: Son of Chuck (Sega CD), Bonk's Adventure (Turbografx-16),
Bonk III: Bonk's Big Adventure (Turbografx-16), Prehistorik Man (Super Nintendo)
Publisher: Sony (1993)
Seasonal winter fun Based on a film
In this movie-based platformer you're forced to battle both the elements and fugitives in snow-covered mountains. Cliffhanger adopts the typical side-scrolling punch and kick formula, with thugs that blink and disappear when defeated. The fighting action is enjoyable enough, but you'll need to press combinations of buttons to perform certain moves. You'll pick up weapons like knives and machineguns, and these are extremely useful. This version looks just like the SNES edition, but it plays faster. In fact, it makes the SNES version seem almost sluggish by comparison. Fighting thugs is a lot easier on the Genesis. There seem to be fewer of them, and your attacks do more damage. If you continuously swing a knife at the edge of the screen, you can knock off many foes before they can even make an entrance! The platform jumping, on the other hand, is harder on the Genesis. The controls feel touchy as you leap between icy ledges. In one harrowing stage you scale a cliff as snipers pump slugs into you from a few feet away. Unlike the SNES game, you cannot kill these guys, even when standing on the same ledge with them! But the worst part of this game is the avalanche stage where you're forced to run through an obstacle course of rocks and logs as a wall of snow bears down on you. Unlike the SNES version, when you trip on something there's no time to recover. It's not unusual to breeze through dozens of fights without a scratch, only to piss away every last life on this single unforgiving stage. Continues are available, but they take you back pretty far, and there's no password. Cliffhanger is playable on the Genesis, but I'd give the nod to the SNES edition. Note: Despite what the box claims, this game is one-player only. © Copyright 2012 The Video Game Critic.
Find Cliffhanger on
Recommended variation: 7 lives
If you like this game, try: Cliffhanger (Super Nintendo),
Cliffhanger (Sega CD), Bram Stoker's Dracula (Super Nintendo),
Off The Wall (Atari 2600), Batman Begins (Game Boy Advance)
Publisher: Parker Bros. (1992)
Caution: May require use of brain Caution: May cause drowsiness
I vaguely recall playing the Clue board game over my cousin's house as a kid, and it seemed like such a "grown up" game. I'm not exactly sure what possessed me to pick up this Genesis version but my friends would tell you temporary insanity. Let's face it, board games don't translate well to the video game medium. I guess the main selling point of Clue is the ability to play against the CPU when nobody else is around. Hey, that's something, right? An overly complicated set-up process lets you assign human or CPU to up to six players. It's possible to watch the CPU play itself. Players take turns moving around a brightly-rendered board with the help of a digitized hand that rolls the dice. Upon entering a room you suggest who committed the crime and what the weapon was. For example, Colonel Mustard in the dining room with the candlestick. You then watch a brief cut-scene as dramatic organ music plays. There's only one correct combination and as scenarios are ruled out the possibilities narrow. To help you keep track the game originally provided a "detective notepad" with grids of checkboxes (you can make your own by copying a page from the manual). Frankly I found the notepad design to be confusing and opted not to use it. Another awkward part of the game is how other players are supposed to look away when you view your cards. The cutscenes are short and add a bit of suspense, but you never actually see the murder take place. You might watch an animation of a pipe coming down followed by a *clunk* sound. It's possible for the winning player to also be the murderer ("I won! I'm on my way to prison but I won!") Clue and the Genesis isn't exactly a match made in heaven, but if you've ever had a burning desire to play the game solo there are five skill levels to test your sleuthing skills. © Copyright 2016 The Video Game Critic.
Find Clue on
If you like this game, try: Clue (Philips CD-i),
Yu-Gi-Oh! Forbidden Memories (Playstation), Othello (Atari 2600),
Backgammon (Atari 2600), Amazing Maze (Bally Astrocade)
Coach K College Basketball
Supports three or more players
A good judge of a basketball game is how it plays 25 years later and Coach K College Basketball does not disappoint. You know you're in for a good time when you hear that porno music kick in over the main menu (ohhhh yeah!). Okay the graphics are a little rough, suffering from missing frames and occasional break-up. And the developers didn't do us any favors by digitizing the crowd audio - it's loaded with static. But reusing the NBA Live engine was a good idea, as it provides an optimal view of the action. Just don't ask what's holding up those backboards! The pacing is brisk but not over-the-top, and the controls are surprisingly intuitive considering there's only three buttons. You get 32 teams to choose from including a powerhouse Maryland Terrapins squad led by Joe Smith at center. The player animation is great. When taking it to the rim players execute elaborate slow-motion dunks that knock defenders off their feet. When going for a layup it looks like the player is holding his nose for some reason. Occasionally the backboard will shatter, resulting in a droopy net with glass all over the floor. There's no steal button but you can harass the dribbler by pushing up against him, which can jar the ball loose. When a player is fouled I love how he always shakes his head before getting up off the floor. The foul shooting system is perfect in its simplicity, and I like how you can tap buttons to make the fans distract the shooter. Adding to the atmosphere is a fidgeting crowd, an active scorer's table, and cheerleaders who spell out "T-E-A-M". If a shot misses the rim the crowd will chant "aaaair baaaalll!" Even Coach K's quirks are endearing. You can often nudge CPU players out of bounds, but changing direction near the center line usually results in a cheap over-and-back penalty. The ball drops from the shooter's hand when the clock strikes zero, like it's a hot potato or something. The CPU has a tendency to hit full-court shots at the buzzer, so make sure you're up by at least four during the waning seconds. One legitimate knock on the game is how it only displays the score after each made basket, which is annoying towards the end of the game. It may not be perfect but Coach K remains a fun go-to during March Madness. Pound for pound this may be the best college basketball game ever made. © Copyright 2019 The Video Game Critic.
Find Coach K College Basketball on
eBay, Amazon
Save mechanism: battery
If you like this game, try: NBA Live 2005 (Playstation 2),
College Hoops 2K6 (Xbox 360), NBA Live 95 (Genesis),
NBA Action 94 (Genesis), NBA Live 96 (Genesis)
Coffee Crisis
Publisher: Mega Cat (2017)
Cooperative Play Homebrew Fine Literature Award
Side-scrolling brawlers like Final Fight (SNES, 1991) have been a dying breed, so when I got a review copy of Coffee Crisis in the mail I was giddy as a schoolgirl. It features a pair of fighting hipster baristas (Nick and Ashley) who work in a goth coffee shop. I love the green aprons and Ashley's blue hair. The wacky storyline has our heroes defending Pittsburgh from coffee-seeking aliens. The cut scenes drag on a bit, but one particular line ("Hit em ya jagoffs!") was instantly adopted by my friends. As you take to the streets armed with coffee accessories you'll battle big-headed aliens, elderly folk, and country music fans. Taking a bat to a granny with a walker feels so wrong... yet strangely satisfying! The controls could be better. The characters tend to slide around, making it hard to line up with enemies. Fortunately the collision detection is forgiving. The A button is used to grab enemies and pick up weapons, but these actions aren't always responsive. Tapping B unleashes combos, and holding it lets you "wind up" for a mega punch. Your jump-kick works great against a mob but deals minimal damage. The sound effects are generally muted, save for the satisfying "clank" of smacking somebody with a parker meter. When an enemy is defeated a beam of light shines down from heaven as their body levitates into the sky. While imaginative, one could argue this death animation is overused and takes too long. The music is an acquired taste. My friend Chris characterized it as "somebody banging on trash can lids" but Brent and Kevin really dug the death metal vibe. There are some really impressive backdrops in this game, mainly in the form of the city skyline at night. Stages tend to be short, with your score tallied at the end of each. So why isn't it displayed on the game over screen? I like how two players share the same set of continues, and it's possible for one player to come back "from the grave" if a new continue is found. Coffee Crisis gets an A for effort, with packaging that includes a Genesis clam case, a glossy manual, and an astonishing translucent red cartridge. Collectors will definitely want to get in on this one. It's no Streets of Rage (Genesis, 1991) but once you get into the spirit of the thing Coffee Crisis is a good time. For more info check out Mega Cat Studios. © Copyright 2017 The Video Game Critic.
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Our high score: 2880
If you like this game, try: Fighting Force (Playstation),
Castlevania Bloodlines (Genesis), Fire Emblem Awakening (Guest Review) (Nintendo 3DS),
Return of Double Dragon (Super Nintendo), Final Fight One (Game Boy Advance)
College Football National Championship
Seasonal autumn fun
Although their Joe Montana line of NFL games couldn't compete with Madden, Sega came back strong with a nice College Football game in 1994. This time, Sega dropped the side view in favor of the Madden style, 3D vertical field view. The game still has a unique look however, because the players are smaller and look more realistic than Madden. As with the Joe Montana games, the action zooms in close when the ball is passed or handed off, which really works well. You have 32 of the best college teams to choose from, and it's fun to take one through a regular season and try to attain the #1 ranking. There are a slew of game options and a wealth of statistics. This is one of the only games to take advantage of Sega's 6 button controller, but I wish they had incorporated a catch button. The game has a few other issues too. The play-by-play announcer from the Montana games is back, but he's mediocre, and it can be downright comical it hear him exclaim "he could go all the way!" as the runner gets stopped for two yards. Even more annoying is his use of the word "zip", as in "Florida State 7, Alabama zip". The playing field is so wide that sometimes you can't see all of your receivers. And while the player animation is good in general, after each play they stand around like soldiers, which looks really stupid. It's interesting to note that hitting the B button after any play causes your player to raise his helmet in triumph -- even if he screwed up during the play. Trust me, once you discover this "feature", you will be doing it constantly, and laughing out loud. Despite the silliness, this is a very good football game. © Copyright 1999 The Video Game Critic.
Find College Football National Championship on
If you like this game, try: Joe Montana Football (Genesis),
Unnecessary Roughness '95 (Genesis), Joe Montana Football (Sega Master System),
Joe Montana II Sportstalk Football (Genesis), NFL Instant Replay (Philips CD-i)
College Football National Championship II
I have no idea what Sega was thinking, but I hate it when a company has a year to improve a game and then puts out something WORSE. How Sega could justify releasing this game is beyond comprehension. It's almost exactly the same game as the 1994 version! There are still only 32 teams, and only five are different! The play-by-play announcing has been dropped completely. I guess they didn't want to take the time to improve it, so they just scratched it altogether. For some odd reason there is now total silence during the play selection screen, like you're in the twilight zone or something. There are some minor additional options, like the ability to play shorter games, but there's not enough here to warrant an upgrade. © Copyright 1999 The Video Game Critic.
Find College Football National Championship II on
If you like this game, try: NBA 2K1 (Dreamcast),
Sonic Advance 3 (Game Boy Advance), NCAA Final Four 2000 (Playstation),
Rampage: Total Destruction (GameCube), Madden 2002 (Playstation 2)
College Football USA '96
Borrowing liberally from EA's Madden franchise (including Madden's voice) and lacking an NCAA license, College Football USA '96 comes off as somewhat generic. 108 teams are represented along with four bowl games. The players are nicely articulated on the field, but why in the [expletive] is my Maryland team decked out in blue?! Major oversight there. The action on the field is smooth with few lulls. I like how the C button lets you catch on offense or block a pass on defense. The main problem with this game is the running. It's really easy to get continously pushed back, and apparently the game has no concept of forward progress. Audio effects include a static-y crowd and boo effects which sound more like a pack of dogs. I do however relish those crunchy tackle sounds. Before each game you're prompted to enter your name, and I highly recommend you do so. Why? Because the game records a wide variety of statistics including longest pass, total yards, and most sacks in a game. It's satisfying when the game stops to announce you've smashed an old record. The battery in my cartridge is currently dead so records are not retained, but that can be replaced. There are some nice bells and whistles like cheerleaders, chain measurements, and referees that toss penalty flags. College Football USA '96 has issues, but its pick-up-and-play style is appealing. © Copyright 2017 The Video Game Critic.
Find College Football USA '96 on
If you like this game, try: Madden '93 (Genesis),
College Football USA '97 (Genesis), Bill Walsh College Football (Genesis),
NCAA Football 2002 (Playstation 2), Madden NFL '96 (Super Nintendo)
You don't expect much from a franchise late in a system's life, but College Football USA '97 nicely refines its winning formula. New features include create-a-player, custom schedules, and coaches polls. There are 111 teams which is only three more than last year. On the field the action is improved. Offensive lines don't get pushed around as much and the passes feel crisp. I really enjoy running option (pitch or run) plays and found it fairly easy to score. The CPU quarterbacks seem to have a hard time grasping the ball, as it often slips out of their hand. The play-calling interface is clean but some of the color choices are hard on the eyes (yellow on light purple?) There's a generic new commentator voice this year but he's barely used. College Football '97 retains the best feature of the previous year, and that's player records. I also like the cutscene of the coach yelling at a player and the way the ball is "zapped" when it hits the goal post. College Football USA '97 may lack the gravitas of the Bill Walsh games, but it runs like a finely-tuned machine. © Copyright 2017 The Video Game Critic.
Bill Walsh College Football (Genesis), NCAA Final Four 2000 (Playstation),
College Football USA '96 (Genesis), NFL Football '94 (Genesis)
In the late 80's Tetris was "the game", and every reputable game console (or computer system) had to have a version. Not wanting to miss out on the puzzle-game frenzy, Sega introduced Columns, a Tetris clone with its own twist. Columns of three gems descend from the top of the screen and you need to line up three or more of the same color to make them disappear. You can't turn the stack sideways, but you can rotate the order of the gems. It sounds simple, but once you get going, quick and strategic thinking is required. Unpredictable chain reactions inject excitement into the game. Columns won me over in a big way. Unlike Nintendo's cartoonish incarnations of Tetris, Columns has an Egyptian theme. There isn't much to see graphics-wise, but the soft, soothing organ music makes the game feel like a religious experience. There are plenty of options including a nice two-player simultaneous mode. The controls are a little TOO responsive, making the columns tricky to line up precisely. But the relaxing, addictive quality of this game cannot be denied. © Copyright 2001 The Video Game Critic.
Find Columns on
If you like this game, try: Tetrisphere (Nintendo 64),
Tetris 2 (Super Nintendo), Super Puzzle Fighter II Turbo (Playstation),
Tetris (Nintendo) (NES), Tetris DS (Nintendo DS)
Combat Cars
Publisher: Accolade (1994)
May contain hotties
Combat Cars is a mediocre overhead racer with a lame combat element that feels tacked-on. Neo Geo gamers will recognize this as a close relative of Thrash Rally (Neo Geo, 1991). The fact that cars can run over each other is a dead giveaway. Both games share the same style of play but Combat Cars is a lot less polished. You select a driver from a set of freaks which include the cyborg "Metro", the werewolf "Growl", and an obese woman named "Big Bad Momma". Only after you make your selection do you see their handling/speed/acceleration characteristics, which is just one example of this game's poor design. The tracks vary wildly in terms of difficulty. The opening "beach" course is easy enough with its nice wide roads, but the "Harbour" track is an absolute killer with its deadly turns and muddy edges. You can only see a short distance ahead of your car, and the arrows are painted on the turns themselves! What good is that? Only two of the eight cars have respectable weapons (shotgun and missiles). Most others just drop stuff like smoke, oil, and mines. One car's so-called "weapon" is a freakin' turbo boost! C'mon now! I'm surprised this game didn't make windshield wipers a weapon. You'll need to finish first in each race to advance (which sucks) and there are no continues. I tried to lower the difficulty via the options menu, but - oh wait - it's already on easy! The audio is dominated by the annoying squeals of tires, but there's something to be said for the pulsating, high-energy dance beats. I would surely include them on my video game mix tape, if only I had one. One tune sounds like "What Is Love?" Between races you'll purchase upgrades from a blonde vampire bikini girl (and yes, she certainly does have mega tires!). A two-player mode lets you go head-to-head with a friend, but the screen is distorted (a la Sonic the Hedgehog 2), the sound is degraded, and there are no CPU cars. Considering how simple its concept is, I'm amazed how bad Combat Cars falters. © Copyright 2012 The Video Game Critic.
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Our high score: $90,800
If you like this game, try: Rush Rush Rally Racing DX (Dreamcast),
Neo DriftOut (CD) (Neo Geo), Thrash Rally (Neo Geo),
Racing Gears Advance (Game Boy Advance), Test Drive V-Rally (Dreamcast)
Arthur Award for Extreme Difficulty Great music
Comix Zone is so innovative in concept and visually arresting that I'm bummed out that I can't give it an A. The art direction is stunning as you guide a hero named "Sketch" through the pages and cells of a comic book come to life! I love the post-apocalyptic opening stage, complete with raging thunderstorm and dismembered Statue of Liberty. Stage two has a snow-swept Asian temple, and the third features a weathered boat graveyard. The only bad-looking thing in this game is Sketch's mullet - worst haircut ever!! Comix Zone has a lot of hand-to-hand combat with a few puzzles sprinkled in. You can juggle three items in your inventory, and it's much easier if you have a six-button controller. The animation is impressive as your unleash a can of whoop-ass on a variety of mutants and martial arts thugs. I absolutely love how they slam against the border of the cell, or better yet break through it, spilling the action into the next cell! Quick dialogue bubbles offer clues and add some levity. The soundtrack is outstanding, delivering some killer guitar riffs with that distinctive Genesis twang. The first stage has some of the best music I've ever heard in a video game. Gotta love that Elvis-inspired "Se-gah" intro as well. Comix Zone had the makings of a masterpiece, but unreasonable difficulty and repetitive fighting prove its undoing. The first level is so incredibly unforgiving that it will demoralize all but the most ardent gamers. You only get one life, so falling into a pit is an instant "game over". You really need to get familiar with the branching stages to enhance your chances of survival. An easy difficulty level would have gone a long way. The combat is fun, but it gets repetitive because enemies can absorb too many hits! That dude who looks like Aquaman can take about 30 hits! C'mon now! And what's the deal with the mandatory damage? Even punching your way through crates will drain your life! If you stick with it, Comix Zone does get better. Strategic usage of items is key, and you can use your pet rat to uncover items hidden in the scenery. There's no password feature, but the branching paths provide a some variety. While clearly flawed, Comix Zone still oozes with style and originality. Had its gameplay been tweaked, this could have been the start of a killer new Sega franchise. This is a must-have for collectors. © Copyright 2010 The Video Game Critic.
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Our high score: GWC 35,950
If you like this game, try: Guitar Hero (Playstation 2),
Guitar Hero Encore: Rocks The 80s (Playstation 2), Ex-Mutants (Genesis),
Guitar Hero 2 (Playstation 2), Taito Legends (Playstation 2)
Contra Hard Corps
Publisher: Konami (1994)
This could have been "the game", but Contra Hard Corps is ruined by a difficulty level best described as impossible. This side-scrolling shooter pushes the Genesis hardware to the limit with dazzling scaling and rotation effects, voice synthesis, two-player simultaneous action, and even some morphing! Contra's first stage clearly demonstrates the highs and lows of the game. There are some slick in-game cut-scenes, like a truck plowing through enemy robots, and a massive lumbering robot unleashing destruction in the distance. Unfortunately, the game's checkpoints fall before these sequences, so you end up having to watch them over and over again! I mean, they look great and all, but I'm not getting any younger here! Hard Corps' difficulty is off the charts, and even the first boss keeps coming back in different forms long after you thought he was defeated. I would have not gotten much further than the first stage if not for my Game Genie cheat device. The Genie let me play through the entire game, but I lost countless lives in the process, making me wonder how in the hell Konami could think three lives was sufficient! You'll fight aliens while hanging off a helicopter, riding on a speedboat, and latched onto the side of a rocket! In one of the more imaginative scenes, a scientist uses a pair of transporter pods to combine creatures (a la The Fly) to create new monstrosities for you to fight. It's quite poetic when his final creation ends up eating him! Hard Corps' rotation effects are put to good use in bosses that come apart and reassemble themselves into new configurations (like Transformers). In one "virtual" area, you fight constellations come to life. Besides the difficulty, another issue is how the game seems to degenerate into a series of lengthy boss battles. The graphics are generally good, but the lame explosions are just a bunch of red balls flying everywhere. The soundtrack is decent, but Hard Corps' voice samples are high-pitched, as if Alvin and the Chipmunks recorded them. Upon completing the game, a pitiful "ending" shows your soldier giving the thumbs-up along with the message "Good job!" Contra Hard Corps is a technical tour-de-force, but what good is that when you can't enjoy it? © Copyright 2007 The Video Game Critic.
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If you like this game, try: Contra (NES),
Neo Contra (Playstation 2), Blast Corps (Nintendo 64),
Squish-Em Sam (Colecovision), Super C (NES)
Seasonal summer fun May contain cheese
One of the best summer games ever, Cool Spot transports you to a sunny beach with the scent of suntan lotion permeating the ocean breeze. This likeable side-scroller is so polished you'll hardly notice it's an interactive soft drink advertisement. It stars the "red dot" character from the old 7-Up commercials. You know he's cool by the way he sashays around with those big sunglasses. When my friends Steve and Brendan first brought this over my house back in the day, we were cracking up at his zany mannerisms. Each stage challenges you to collect suspended red dots while shooting various marine creatures, bugs, and cheese-tossing mice. Spot is not fleet of foot but he can leap a great distance. He can also rapidly shoot bubbles in any direction, and that's good because most enemies can withstand several shots. The first stage is the highlight of the game as you walk over sand dunes and climb beach chairs while shooting crabs and mosquitoes. I love the sound of the crashing waves and funky reggae music. The second stage takes place on a dock where you climb ropes like Donkey Kong Junior. The remaining stages include a blow-up pool with frogs and a dark attic infested with spiders. There's also a toy stage with miniature versions of the robot from Lost in Space (the 1960's television program). The later stages aren't as visually appealing but the fun factor remains high. I love the fact that enemies do not regenerate - it keeps the repetition to a minimum. Bonus stages take place inside a giant green 7-Up bottle, where you bounce around on bubbles trying to collect as many red dots as you can. It's fun! With bright graphics, tight controls, memorable stages, and a laid-back soundtrack, Cool Spot is an underrated Genesis platformer. © Copyright 2012 The Video Game Critic.
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If you like this game, try: Cool Spot (Super Nintendo),
Donkey Kong Junior (Colecovision), Donkey Kong Jr. (NES),
Donkey Kong Junior (Intellivision), Donkey Kong Junior (Atari 2600)
Publisher: Kyugo (1991)
Crossfire looks like your garden-variety vertical helicopter shooter, calling to mind Twin Cobra (Treco, 1991) or Task Force Harrier EX (Treco, 1991). Before selecting a mission you're briefed by a "commander" who looks more like a ventriloquist dummy. Why is he so wavy? Am I dreaming? The first three missions are set in Central America, each offering sparkling blue waters, lush green foliage, and ancient ruins to destroy. Actually that flashing blue water is kind of irritating. The first part of each mission seems generic as you slowly strafe enemy cannons and helicopters that congregate like mosquitoes. In addition to rapid-fire shots and limited bombs, you can initiate a turbo mode that lets you quickly dart around the screen with a protective shield! Once you think you have the game figured out your helicopter descends via a cut-scene. Now your aircraft looms large as you strafe the ground from side-to-side, obliterating enemy soldiers and munitions. Make sure you wipe out the heavy artillery because you're about to traverse the same area on foot! This part feels a lot like Commando (Capcom, 1986). You can fire rapidly but your bullets move in a squiggly path that's really quite bizarre. It's a good idea to jump into the air to avoid bullets, despite the fact that it looks so silly. You can also call in air support but you'll probably want to save that for the armored vehicles. Once you infiltrate the enemy fortress and free the lone hostage you might think you're home-free. Not even close! The last part of the mission is much like the first, only much longer and with a few bosses sprinkled in. You'll also face those spinning ring things from Xevious (Atari 7800, 1986) for some strange reason. Crossfire is weak in the audio department, with understated music and wimpy sound effects. You're not awarded a score unless you complete a mission. That's bogus, but overall Crossfire deserves credit for having so much more depth than most vertical shooters. © Copyright 2017 The Video Game Critic.
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If you like this game, try: Twin Eagle (NES),
Twin Cobra (Genesis), Commando (Atari 2600),
Task Force Harrier EX (Genesis), Mission X (Intellivision)
Crue Ball
Remember back when rock music was cool? Motley Crue was so big in the early 90's that they even had their own video game! This flashy pinball title has a kickin' heavy metal theme and some of the hardest music the Genesis can crank out. The three featured Crue songs are Live Wire, Dr. Feelgood, and Home Sweet Home. The Genesis has never been considered an audio powerhouse, but these synthesized tunes sound amazing. It's a shame you have to endure so many generic "filler" tracks in the early going. In fact, it's a good thing you can preview songs on the title screen, because otherwise you might never even hear the good stuff! The pinball tables scroll vertically with stacked areas and a "boss" at the top. In addition to drop-targets, bumpers, and rollers, you'll take aim at skulls and centipedes that creep across the table. Pinball games tend to make great video games, and this one certainly has an addictive quality. The first table is pretty hard to conquer though, and the erratic pinball sometimes seems to be possessed by the devil (which is fitting, I think). In addition to excellent music, the game has some wicked sound effects, and I would strongly suggest cranking up the stereo. Crue Ball could have been better, but its distinctive heavy metal theme makes it far more memorable than most garden-variety pinball titles. © Copyright 2008 The Video Game Critic.
Find Crue Ball on
If you like this game, try: Pinball Jam (Lynx),
Galactic Pinball (Virtual Boy), Midnight Magic (Atari 2600),
Pinball (NES), Pinball Hall of Fame: The Gottlieb Collection (Xbox)
Publisher: Acclaim (1995)
Based on a film May contain pirates Cooperative Play
Based on the wildly unpopular motion picture, Cutthroat Island has the ingredients of a fun hack-n-slash side-scroller. One or two players (coop) can play as the lead character Morgan or some guy named Shaw who looks like Robin Hood. The first stage is a brawl in a prison courtyard, and the layered, textured scenery is reminiscent of Flashback (Genesis, 1993). The fighting action is reasonably good with nicely-animated characters and interesting grapple moves. Still, I don't like how enemies can attack from off-screen, even firing their guns on occasion! If you spot an item on the ground, be sure to pick it up immediately because after defeating the last enemy Morgan will automatically move on to the next area. The second stage is where the fun comes to a screeching halt. This "cart chase" stage is a rollercoaster ride of sorts as you swerve between two dirt roads to avoid boulders and trees. Plowing through enemies is satisfying, but hitting a big guy will cause you to crash, which is bogus. Conquering this stage requires pure memorization since the cart moves too quickly to react on-the-fly. Worse yet, the stage is really long and repetitive, so it's hard to remember when you need to switch lanes. It took me at least 25 attempts to get through this! The third stage takes place in a town crawling with pirates trying to kill you. You are free to enter shops and walk down side-streets, but it's not clear where you need to go. I didn't progress any further because there are no continues and no passwords. The prospect of restarting this game is upleasant, if only because you need to repeat that God-forsaken cart stage. It's a shame because Cutthroat Island probably has a lot of cool stuff I'll never see. As a consolation, the instructions offer a chance to win a cruise and real treasure hunt in the Florida Keys! I'll be rich beyond my wildest dreams! Later, suckers! Last minute note: The fine print specifies "entries must be received by December 31, 1996." Crap! © Copyright 2014 The Video Game Critic.
Find Cutthroat Island on
If you like this game, try: Quattro Adventure (NES),
Rush 'N Attack (NES), Up 'N Down (Colecovision),
Surgical Strike (Sega CD), Survival Island (Atari 2600)
Cyberball is a futuristic football game played by robots using an exploding ball. It sounds inventive and fun, but it's so hard to play! I can't believe this was once an arcade game. Keep in mind this was pre-Madden, when companies did not yet know how to program a sophisticated football game. You begin by selecting from a series of ridiculous teams like Seattle Snakes, Boston Riots, and Pittsburgh Bolts. You're then presented with some kind of "work shop" screen to outfit your players with ambiguous power-ups. I can only guess what half this stuff does. The confusion you experience at this point is nothing compared to what you're about to be confronted with. The teams are composed of robots with wheels and treads, but it's hard to discern the details from the high overhead angle. Instead of gaining ten yards for a first down, you try to gain an arbitrary amount of yardage to "defuse" the ball. When the ball explodes you lose possession. You select from a set of play diagrams with tiny symbols you can't even make out. How to play this game is a great mystery. The manual goes into extensive detail explaining the sport of football (positions, rules, etc) but fails miserably to explain the controls. It took me several games to realize there's only one button. A, B, and C all do the same thing! During pass plays there are white boxes on the field. Apparently you need to point your quarterback towards a box and press the button to throw. This is the worst system ever devised, considering the boxes are often on the same side of the field, and sometimes even bunched up! Needless to say, you never know who the [expletive] you're throwing the ball to. The CPU pass rush tends to push you back, causing your receivers to scroll out of view. Cyberball is a bewildering mess, and would you believe there's no way to pause the game? Its lone highlight is the half-time show featuring three robotic "one-man bands" marching across the field. © Copyright 2017 The Video Game Critic.
If you like this game, try: Cyberball (Lynx),
Joe Montana Football (Sega Master System), Super Pro Football (Intellivision),
Football (Atari 2600), Madden NFL '94 (Super Nintendo)
Cyborg Justice
Caution: May cause drowsiness Has construction elements
Sega had some good ideas for this one, but Cyborg Justice just didn't come together very well. This is a fighting game where you create your own robot warrior using a variety of body parts and weapons, and take him through the single-player mode or go head-to-head against a friend's creation. It sounds interesting, but Cyborg Justice just isn't any fun. The moves are frustratingly hard to execute, and you'll get pummeled if you try to do anything fancy. That's too bad because some of the moves, like pulling off your opponent's arms, are pretty cool. And even if you do manage to pull off a sophisticated attack, the damage it deals is minimal. It's also tough to tell what's going on during the heat of battle because the robots all look the same and easily get bunched up. And the bouts go on for way too long. Add in a lousy audio track and terribly boring backgrounds, and the game starts looking like the train wreck it is. © Copyright 1999 The Video Game Critic.
Find Cyborg Justice on
If you like this game, try: Robo Pit (Saturn),
Rise of the Robots (3DO), Arms (Nintendo Switch),
Title Match Pro Wrestling (Atari 2600), Sonic R (Saturn)
Genesis Listing of Games
Screen shots courtesy of Video Game Museum
Shinforce
MobyGames.com
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VOTE WAKEFIELD AND FOWLER FOR A MORE GLAMOROUS AMERICA.
Nov. 1st, 2005 at 1:39 PM
Catch up this way. And now your memory is refreshed, let's go back.
Far back.
Back to........
From Here to Sweet Valley Three: The Wakefield War. Part One
A new day in Sweet Valley.
In her sunny little apartment, Elizabeth Wakefield sighed as she got out of bed. It had been a long night. Fighting her new feelings for Todd – and fighting her growing apathy towards Jeffrey. Puzzling over Jessica’s latest meglomaniacal scheme. Wondering what was causing that strange sulphourous odour wafting from her mother’s study.
Thinking about Todd.
Todd Wilkins. Still the most beautiful words in the English language. Elizabeth had tried to think of Jeffrey instead, but when she pictured the handsome blonde photographer, his face kept changing into that of the brown-eyed Sweet Valley High basketball coach. It was as if she were under some sort of spell.
“Or is it that I was under a spell for years, and have only now awakened to my true feelings?” she thought.
But that was last night, and today was a new day. And Elizabeth had work to do. As the most celebrated journalist in California, she had a legion of fans who must not be disappointed. They needed her gritty take on the world of celebrity gossip (‘Are Vinnie V and Jenny A the hottest new couple in tinsel town?”).
And she would never let them down. Elizabeth never let anyone down.
She was the dependable twin.
High in the hills of Sweet Valley’s most prestigious neighbourhood, Lila Fowler saw something she hadn’t seen in a long, long time.
The sun.
Jessica’s call had been just what the troubled heiress needed. A call back to a life she had thought was as dead as Boo Boo, her winged simian warrior. She would be Jessica’s partner in crime – no!Not crime! She’d turned her back on crime forever, since the moment Boo Boo’s body had spiraled down to earth, slain by a shot from Winston Egbert’s crossbow. It had been the deciding moment in the battle of Sweet Valley. The moment she knew she could never take over the world.
But now she had a second chance. At life, not world domination. Although the whole world domination thing was part of the appeal, she had to admit. But this was also a chance to atone for what she had done.
To make amends.
“Oh, here you are, sweetie.”
Maria Santelli’s voice was full of concern. She’d woken early to find that her husband Winston had vanished from their matrimonial bed. Usually the former class clown of Sweet Valley high prefered to stay in bed as long as possible at the weekends. But not this morning.
Not now that he knew that Lila was back.
He was sitting in the sunny kitchen, an untouched cup of coffee sitting before him on the polished table.
“I’m sorry, Maria, I don’t know what to do,” he said, running a hand through his messy black hair. “I’ve been having these….these dreams. About Lila. And now she’s back. I can’t help feeling something bad is going to happen.”
Maria smiled kindly at her troubled spouse.
“Honey, the only way something bad is going to happen is if Jessica and Lila win the presidential election. And the election is in two weeks. I don’t think much of their chances, do you?”
Winston tried to return her smile. But behind his feeble grin lurked a terror. More than anyone else, he knew that whatever Lila wanted, Lila got.
And perhaps what she wanted was…..revenge.
• * * * * *
“Hi, Mom!”
Jessica Wakefield greeted her mother with a cheerful wave as she strutted into the Wakefield’s spanish-tiled kitchen. Despite the excitement of the night before, Jessica was looking good – and feeling great. Clad in a distinctive lime green chiffon off-the-shoulder blouse and white spandex miniskirt, she was, as ever, the epitome of style. Her mother, however, wasn’t looking so good. Jessica couldn’t put her finger on it, but Alice Wakefield seemed somehow….faded? Tired? What was the word she was looking for?
Alice Wakefield knew the word. It was echoing in her head, like the tolling of a great bell in an empty cathedral.
OLD! bonged the bell. OLD! OLD! OOOOOOLD!
“Noooooooooooo!” cried Alice, and ran out of the kitchen.
“Mom?” said Jessica. “You okay?” But her mother didn’t come back. Jessica shrugged her shoulders and helped herself to a delicious pancake. Whatever was wrong with her mother, it hadn’t affected her ability to cook a delicious breakfast for her family. And Jessica needed a good start to the day. She had to begin her campaign.
• * * * *
Just a few hours later, the streets of Sweet Valley were bedecked in Wakefield/Fowler posters. The twins stood in the town square and gazed at the brightly coloured banners and flags which Jessica’s minions, clad in their distinctive hot pink jumpsuits, had placed all over the town.
“I’ve got to hand it to you, Jess,” said Elizabeth. “You work fast. But I have, um, a reservation.”
Jessica laughed and tossed her flowing gold locks over one shoulder.
“Let me have it, Lizzie,” she said.
“Well,” said Elizabeth carefully. “I just wonder is it a good idea to make Lila your vice president. After all, it’s only a year since she nearly destroyed the town in her quest for world domination. People remember these things.”
“Oh, please, Liz,” scoffed Jessica. “No one cares about that stuff any more. And it’s so good for Lila. She’s leaving her room for the first time today. In fact – oh my God – there she is!”
A glittering lime green Triumph was zooming down the main street of Sweet Valley and screeched to a halt in front of the Wakefield twins. A strange figure was at the wheel. Her hair pushed up into a beehive do and her bizarre features almost covered by a pair of over-sized sunglasses, Lila Fowler was making her first public appearance since her disastrous misadventure of the previous summer. And she was doing so in style.
“Hi, twins,” she said, alighting from her trademark vehicle. “Good work, Jess!”
Jessica rushed over and hugged her freakish friend.
“Oh, Li, it’s so good to see you!” she cried. “And look at the posters! Aren’t they fabulous?”
“They sure are,”Lila agreed. The posters showed Jessica at her most glamorous, lounging by the pool of her Hollywood home in a red satin negligee. Below that was a photo of Lila looking slightly more normal than usual, sitting on her throne-like bed. THE DREAM TEAM read the large pink letters. VOTE WAKEFIELD AND FOWLER FOR A MORE GLAMOROUS AMERICA.
But as Elizabeth watched the would-be leaders of the free world embrace, she wondered if the dream would perhaps turn out to be more of….a nightmare.
Nov. 1st, 2005 01:47 pm (UTC)
I want to wear a hot pink jumpsuit and vote for glamour!
WHO DOESN'T?!
that strange sulphourous odour wafting from her mother’s study.
I AM SO EXCITED!!!!!
Whatever was wrong with her mother, it hadn’t affected her ability to cook a delicious breakfast for her family.
YAY! YAYAYAYAYAYAYAYAYAY!!!!!!!!
AND ALSO ZAZ! ZAZAZAZAZAZAZAZ!
How I've missed it!
*squeals*
Oh, I am SO HAPPY this is back.
I am cackling with glee! It is a little concerning, how pleased I am about this.
OLD! OLD! OOOLD!
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Tag Archives: European metal
THE WORLD CUP OF METAL DAY TWENTY FIVE-So Long And Thanks For All The Fish
So after thirty two countries and nearly a month of football, we come down to the sixty fourth game and the final two bands out of the one hundred and twenty eight bands that I have featured. This 2014 World Cup will feature the two teams that got to the final of Mexico ’86 an Italia ’90: Germany and Argentina. The Germans have been the most consistent team of the tournament and are looking for their fourth World Cup trophy (they last won in 1990 after beating Argentina) and the Argentinians have not quite lived up to the teams of old, occasionally it seems like it is just Messi plus ten guys, but are hoping to win their third World Cup (last victory in ’86 against the Germans) and to win it in the host country of their South American rivals. Hopefully it’ll be a good game, more ’86 than ’90 but with Die Mannschaft winning!
Before we start I’d like to say that this has been a highly enjoyable project for me, checking out all these bands from different parts of the metal world and being amazed at the quality of the music. I’d like the thank the metal-archives site ( http://www.metal-archives.com/ ) for having a ‘Search by Country’ function otherwise this would have been a much longer and painful process! and I’d also like to thank everyone who clicked on and read and some of you even became followers of this blog, for which I’m very grateful; I’ll try to keep making my posts educational and entertaining just like a Bruce Willis movie. I’ll be doing this again for the 2018 World Cup in Russia and probably the 2016 Euros in France and hopefully I can feature some Scandinavian and British and Irish bands! But now: The Main Event!
GERMANY vs ARGENTINA
MINAS MORGUL vs TENGWAR
As you can probably tell Minas Morgul (and Tengwar for that matter) have taken their name from seems to be the most influential book for metalheads everywhere: the Lord of the Rings by J.R.R.Tolkien. Minas Morgul play pagan black metal which is riff heavy, bass driven, sung in German and there is definitely an Amon Amarth (another Tolkien reference!) feel to some of the later albums, which is no bad thing. Very impressive metal, I need to get some of the band’s albums now!
http://www.metal-archives.com/bands/Minas_Morgul/11607
Same influences (Tolkien) but musically different, Tengwar, the Elvish script created by Tolkien, go for all out epic folk metal and while folk metal and songs about orcs and hobbits have been done to death these Argentinians breathe some new life into a dying carcass mainly due to featuring more on the folk than the metal. That’s not to say there aren’t riffs and pounding drums to get your neck moving, it’s just that they focus more on traditional instruments (bodhran, whistles, Galician bagpipes etc) and aren’t afraid to use them as the lead instruments in some of their tunes. If you are a fan of folk metal mixed with a little power metal then I do recommend checking out Tengwar and their debut album.
http://www.metal-archives.com/bands/Tengwar/45080
verdict: A difficult call, I do really like both bands and thanks to discovering them whilst doing this blog I’ll be buying as many of the albums as possible but just shading it is Minas Morgul just because I do need to be in the mood to listen to folk metal whereas black metal (in most of it’s guises) i spretty much a daily thing. On the pitch, well I pick the Germans from the start and I won’t back down now!
This entry was posted in World Cup of Metal and tagged Amon Amarth, Argentina, Epic Folk Metal, European metal, Germany, Lord of the Rings, metal, metal archives, Minas Morgul, pagan black metal, South American metal, Tengwar, Tolkien, World Cup 2014, World Cup of Metal on 13/07/2014 by stevewynmur.
THE WORLD CUP OF METAL DAY TWENTY FOUR- Friday Night And The Gates Are Low
Strange and unsettling scenes occurred at the Brazilian press conference to announce the line-up for the Brazil squad to face the Netherlands for the 3rd/4th Place Play Off this Saturday. Behind the advertising board noises of a scuffle were heard and the voice of Big Phil Scolari shouting “7-1!! 7-Bloody-1!!!!! And that were an own goal!” before the sounds of an antique clock being hurled through a window and then Big Phil being unceremoniously shoved out towards the waiting throng of sports writers and journalists. Casting the evil eye over his shoulder to some unseen adversaries behind the screen, Big Phil regained his composure, sat down in front of the microphones, cleared his throat and then announced the Brazil team he had picked for Saturday’s match.
“Haggerty F, Haggerty R, Tomkins, Noble, Carrick, Dobson, Dewhurst, Crapper, McIntyre, Treadmore and Davitt. Substitutes: Ferris, Codren, Davis, Sullivan, O’Grady, Kembell and Hacker.”
And without waiting for the bemused reporters to gather their thoughts and ask any questions, Big Phil was off like a flash leaving the voice of Al Dvorin’s ghost to intone “Ladies and gentlemen, Big Phil has left the building………thank you and goodnight.”
BRAZIL vs THE NETHERLANDS
THOTH AMON vs CIRITH GORGOR
With lyrical themes of the Hyborian Age and band members named Anderson Stormruler(drums), HardRocker (bass) and Arquimedes666 (on guitar and vocals) what’s not to like about this Brazilian epic heavy metal band? The playing is enthusiastic, the songs rock as you would expect epic heavy metal would and it has a very ‘Bathory’ feel to the production which gladdens the soul of this old fart no end. Thoth Amon only have one demo out at the moment but hopefully more will be heard from this band.
http://www.metal-archives.com/bands/Thoth_Amon/3540366978
Taking their name from the the point were the mountain ranges of the Ered Lithui and the Ephel Dúath meet, (just to the northwest of Mordor if you ever fancy hiking it one day), Cirith Gorgor are yet another black metal band taking their name from one of Tolkien’s book (The Lord of the Rings for those clueless amongst us) and although some of their early lyrical themes featured LOTR, most of their later stuff is about war. In fact their last album (Der Untergang…) is a concept album, in three parts, about the war on the Eastern front during World War Two and it is an excellent slab of black metal, with some great vocals, brilliant drumming and fantastic, cold riffing. Quality black metal in all departments.
http://www.metal-archives.com/bands/Cirith_Gorgor/2104
verdict: Musically the Netherlands win this one with an excellent BM band in Cirith Gorgor, however on the field Brazil may just win it especially if Davitt scores one with the back of his from 28 yards like he did against Barnsley reserves.
thanks to the Kubrick on the Guillotine blog for having the scoop on Big Phil’s line up and to the Earth Abides blog for the lowdown on the substitutes.
This entry was posted in World Cup of Metal and tagged Al Dvorin, Barnstoneworth United, black metal, Brazil, Cirith Gorgor, Earth Abides, European metal, Gary O'Keefe, Golden Gordon, Half Man Half Biscuit, heavy metal, John Dobson, Kubrick on the Guillotine, metal, metal archives, Michael Palin, Netherlands, Phil Scolari, Ripping Yarns, Robert E Howard, South American metal, Thoth Amon, Tolkien, World Cup 2014, World Cup of Metal, World War Two on 11/07/2014 by stevewynmur.
THE WORLD CUP OF METAL DAY TWENTY TWO- Sponsoring The Moshpits
So here we are at the final four of the 2014 World Cup. These four teams will be last teams featured on this blog and so I’ve chosen eight bands that I think you’re going to enjoy. Today’s game features two of the most dominant teams in World Cup history: Brazil, with seven appearances and five victories and Germany also with seven appearances but only three victories. A victory for either side will give them an unprecedented eighth appearance in World Cup Finals history. Brazil has never won the trophy as a host nation (they were runners up in 1950) and no European team has ever won the World Cup when it has been held in the Americas, so sit back and relax and watch a game that could have more twists and turns than a M.Night Shyamalan movie. (fun fact: M.Night Shaymalan has a sister called Whoablackbetty)
BRAZIL vs GERMANY
STATIK MAJIK vs SLARTIBARTFASS
Statik Majik, who take there name from a Cathedral ep, are a trio (who’ve now expanded to a four piece but all the albums are as a trio) who play heavy metal with a stoner doom vibe especially on the earlier releases. Excellent production, huge heavy riffs, a fantastic guitar sound and an great vocalist in Thiago Neves makes Statik Majik produce some great songs that will keep many a headbanger happy. Check ’em out!
http://www.metal-archives.com/bands/Statik_Majik/28759
Now there are many metal bands out there that owe a great thanks to J.R.R. Tolkien, H.P. Lovecraft, Robert E. Howard et al and I know I’ve featured a few on here during this World Cup blog, however I’ve yet to discover a band influenced by Douglas Adams and his seminal work ‘The Hitch-Hikers Guide To The Galaxy’ (if you know any different please let me know in the comments section) so I was delighted to discover Slartibartfass (the German translation of Slartibartfast, the Magrathian who designed the Norwegian fjords) who play Viking folk metal with a passion and flair and some nice experimentation that would bring a smile to even the most hardened of Vogon faces. There more than enough viking/pagan/folk metal to satisfy fans of the genre but the band also take some risks and for the most part they pay off making the listening experience all the more enjoyable.
http://www.metal-archives.com/bands/Slartibartfass/72851
verdict: without Neymar and Thiago Silva I feel that the Brazilians will not be able to contain the Germans and it’s Die Mannschaft who will progress to the final.
This entry was posted in World Cup of Metal and tagged Brazil, Douglas Adams, European metal, folk metal, Germany, heavy metal, Hitch Hikers Guide To The Galaxy, Howard, Lovecraft, metal, metal archives, semi finals, Slartibartfass, South American metal, Statik Majik, Tolkien, World Cup 2014, World Cup of Metal on 08/07/2014 by stevewynmur.
THE METAL WORLD CUP DAY TWENTY-ONE- (Gun Salute) For Those About To Rock
The final four bands for the final four countries of the final day of the quarter finals and an exciting bunch I’ve got. Four bands whom I’ve never heard of before (let’s face it, before I embarked on this mad parade Argentinian and Costa Rican metal was not exactly on my radar) but after today I’m going to rectify that. Onwards and onwards!
ARGENTINA vs BELGIUM
TRUBE vs SLOW
Trube (German for gloomy or dim) is another one man black metal act ambient and doom characteristics. He (Gabriel Loco) has one album out and, to go along with the cheery sounding name and the style of music he plays, it’s a concept album about the Chernobyl disaster and a damn fine piece of work it is. The album gives off a vibe of menace, horror and utter helplessness mainly due in part to the Russian dialogue that sounds like it is from some kind of broadcast that was sent that day and the following weeks after. Sublime music, excellent production and heartily recommended.
http://www.metal-archives.com/bands/Tr%C3%BCbe/3540366927
In keeping with the doom and gloom feel of this post (and my fears for Belgium’s progression in this tournament) I present to you SLOW, which stands for Silence Lives Out/Over Whirpool and is yet another one man act (I’m losing count of how many I’ve featured!) playing funeral doom metal. Deha (the man behind Slow- and apologies for not adding the accents to his name, acute on the ‘e’ and grave on the ‘a’) has three Slow albums available at his bandcamp page (http://musicalexcrements.bandcamp.com/) and each one showcases his superb songwriting and excellent playing. The slow, doomy pace, the deep, growled vocals and the light and shade Deha uses in his compositions are truly stunning. Highly recommended.
http://www.metal-archives.com/bands/Slow/3540375410
verdict: On the pitch, I feel the Argies will beat the chocolate eating, beer-swilling, pissing Belgians (all In need to do is to mention Poirot, Flanders and the Wallonians and we have a full house on our Belgium Bingo Card!) however musically I’m going to call it a draw. Never heard of either band before but know I’m interested in getting their albums.
NETHERLANDS vs COSTA RICA
TERZIJ DE HORDE vs HOWLER
Originally called Liar Liar Cross On Fire (you can see why I picked!) Terzij de Horde are a five piece post black metal band and sure play a mean pinball. The ‘non’-black metal parts (all dreamy chords and mid paced tempos) sit very nicely with the basic black metal parts of the song. They only have one ep and a split ep to their name, however I do see great things in the future for this band. I just wish they kept the original name.
http://www.metal-archives.com/bands/Terzij_de_Horde/3540305837
Howler (umlauts over the ‘o’) are a Costa Rican thrash metal band with plenty of energy and some really nice ideas and tunes. Formed from two bands (Inhaler and Howler) they have opened for DRI and Whiplash and released their debut album in 2014. If you’re looking for a good, new thrash band then Howler could be one.
http://www.metal-archives.com/bands/H%C3%B6wler/3540344996
verdict: Costa Rica’s fairytale ride will come to an end today as the Oranje have to much for them on the field and musically the Dutch take it again.
This entry was posted in World Cup of Metal and tagged Argentina, Belgium, Costa Rica, doom metal, European metal, French black metal, funeral doom metal, Gabriel Loco, heavy metal, Howler, metal, metal archives, Netherlands, Slow, South American metal, Terzij de Horde, thrash metal, Trube, World Cup 2014, World Cup of Metal on 04/07/2014 by stevewynmur.
THE WORLD CUP OF METAL DAY TWENTY- Crashing Starships into Planets
So here we are in the years, well the Quarter-Finals at least and we have two European powerhouses facing off once again, as they have so many times (mainly in the early 20th Century-you may have read about it or seen programmes about it on the Hitler History Channel) and two South American teams that both play in yellow, have two of the most talked about young players of the tournament (Neymar and Rodriguez), have fanatical fans and crushing poverty with soccer being the only way out for many youngsters. Wow! Look at that! Some actual football talk and not a hint or sign of crappy jokes. Allez!
FRANCE vs GERMANY
HAMKA vs SCHATTENBRANDUNG
Hamka are a female fronted symphonic power metal band that feature ‘ethnic’ music influences. They play very strong, powerful ‘power metal’ and are a quite enjoyable listen.
http://www.metal-archives.com/bands/Hamka/30970
I discovered Schattenbrandung on Bandcamp, and they play a very impressive style of black/doom metal. Angry, harsh, doomy and with some progressive Enslaved-ish elements makes this debut album a must for black/doom metal lovers. There’s only two videos on Youtube, a 5 minute teaser and one for the whole album. I’m posting the teaser and if you like it play the album then click the Bandcamp link and buy the damn thing!
http://www.metal-archives.com/bands/Schattenbrandung/3540353887
http://schattenbrandung.bandcamp.com/album/i-apoph-nie
verdict: I had the Germans as my pick to win this whole thing, so I’m going for them to advance to the Semi’s and Schattenbrandung win this round musically.
BRAZIL vs COLOMBIA
HELLLIGHT vs LUCIFERIAN WEREWOLFS
HellLight are a Brazilian Funeral doom band that are just fantastic. Strong playing, excellent vocals and a great penchant for covers that reminds me of Type O Negative make HellLight a great doom band for you to enjoy.
http://www.metal-archives.com/bands/HellLight/58311
Luciferian Werewolfs are a duo playing raw black metal and it is very raw, and possibly they may be a little NSBM for my tastes (judging from the images) but as they sing in Spanish, have bad production and the words are screamed rather than sung, I’ve no idea what’s being said. Still the name’s cool, if slightly misspelt.
http://www.metal-archives.com/bands/Luciferian_Werewolfs/3540360276
verdict: On the field I’d love Colombia to win and progress to the semis however I think Brazil have enough guile (read: dirty, diving cheats) to win. Musically HellLight, no competition.
This entry was posted in World Cup of Metal and tagged black metal, Brazil, Colombia, doom metal, European metal, France, Germany, Hamka, HellLight, Luciferian Werewolfs, metal, metal archives, power metal, Schattenbrandung, South American metal, World Cup 2014, World Cup of Metal on 04/07/2014 by stevewynmur.
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Samsung: Folding Smartphones and US Stores Fronts
AFP Forum / 02:29 AM February 22, 2019
Folding Smartphones
Seeking to rev up demand in the slumping smartphone market, Samsung on Wednesday unveiled a folding handset, becoming the first major manufacturer to offer the feature.
The South Korean giant’s Galaxy Fold, unveiled at a San Francisco event, serves as a smartphone with a 4.6-inch display and unfolds to become a tablet of 7.3 inches. “We are giving you a device that doesn’t just define a new category, it defies category,” said Samsung’s Justin Denison at the event.
The Fold will be available April 26 starting at $1,980, the company said. The move comes with the smartphone market in its worst-ever decline with consumers keeping devices longer and waiting for new innovations. Samsung made the announcement on the home turf of rival Apple, with the two giants battling for the premium segment of the market.
Denison said the Fold is “a one of a kind luxury device with immersive visuals” and offers “a truly next generation experience” that enables multitasking on its large screen. The tech giant said the Fold can open up to three active apps simultaneously. Samsung also announced its new Galaxy S10 handset, upgrading its current line of flagship handsets. “We are pushing beyond the limits of today’s technology to inspire a new generation of smartphones and recharge growth for our industry,” said DJ Koh, head of mobile communications at Samsung Electronics. “For those who say everything possible has already been done, I say open your mind and get ready for the dawn of a new mobile era. Buckle your seatbelt, the future is about to begin.”
He said the Galaxy Fold was designed “for those that want to experience what a premium foldable device can do, beyond the limitations of a traditional smartphone.” The S10 handsets will offer improved color display with active matrix organic light emitting (AMOLED) technology, improved battery life and upgraded cameras. The S10 will be available in three versions with the S10e starting at $749, and the largest version, S10 Plus at $999, starting March 8.
The Samsung Fold is aimed at popularizing new kinds of displays in a future where devices and be more easily folded or rolled up. Earlier this year at the Consumer Electronics Show, Chinese startup Royole showed off what it claimed is the first foldable smartphone, which can fit into a pocket but unfold into a full-sized tablet computer, which is available in China and the US for some $1,300.
Samsung just unveiled the GALAXY FOLD, a folding smartphone-tablet hybrid that starts at $1,980! You read that right, a STARTING price of nearly $2,000.
And people complain about Apple prices…
Follow our live blog for more! https://t.co/jSIWuU7qw9
— Dave Smith (@redletterdave) February 20, 2019
Samsung Store Fronts
Samsung announced Friday it will open three US retail stores to promote its Galaxy line of smartphones as the South Korean giant sets to launch an updated flagship handset. The move ramps up Samsung’s efforts to compete on the home turf of Apple, which has hundreds of retail outlets in the US and around the world.
Samsung said in a statement it made the move after feedback from customers. “They told us that they love having the ability to walk into a store and experience how the latest technology from Samsung works together to create a unique, immersive experience,” the company said in a statement. “Galaxy fans, in particular, mentioned that they were looking for a space to call their own, a place where they can get a feel for Samsung products first-hand.”
The new stores will be at the Americana at Brand mall in Los Angeles; Roosevelt Field in Garden City, New York; and The Galleria in Houston, Texas. Samsung is holding a product launch Wednesday in San Francisco amid speculation it may launch a folding smartphone, which would make it the first of the major handset makers in the segment. Samsung has previously opened pop-up stores in the US and has a center showcasing its technology in New York City. “Our new Samsung Experience Stores are spaces to experience and see Samsung technology brought to life, to empower people to do what they never thought was possible before,” said YH Eom, president of Samsung Electronics America. “We want to build a ‘playground’ for Samsung fans — a place to learn about and try out all of the amazing new products we have to offer.”
Samsung remained the number one global handset maker with a 20.8 percent share in 2018 despite an eight percent sales slump for the year, according to research firm IDC — which said last year showed the worst overall decline in sales for the smartphone sector.
Samsung Introduces First Folding 5G Smartphone
Nespresso, Best Coffee Machine Ever? Let’s Look at the Options
TAGS: Samsung Phones
Space X Accident: Elon Musk Statement
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Fil-Am student among fatalities in Oakland warehouse fire
INQUIRER.net US Bureau / 07:57 PM December 08, 2016
Vanessa Plotkin, a Filipino American sociology student at University of California, Berkeley, was among the 36 fatalities in the deadliest fire in Oakland’s history. FACEBOOK
OAKLAND, California — Filipino American Vanessa Quintos Plotkin, 21, was among those who died in a warehouse fire here on Dec. 2, the coroner’s office confirmed.
Plotkin was first reported missing following the Ghost Ship warehouse fire that killed 36 young people, in what is known as the deadliest fire in Oakland’s history.
Plotkin was University of California, Berkeley sociology student. She grew up in Lakewood, California, and went to electronic concert at the warehouse with her roommate, Jennifer Morris, who was also
among the confirmed dead.
Fire investigators reported that the fatalities were first overcome by smoke before they burned to death.
The Ghost Ship warehouse was gathering place for young artists and music enthusiasts. Although makeshift rooms and space dividers, mostly wooden, had been built inside, the space was not supposed to be residential.
A report now says the warehouse hadn’t been subjected to city inspection in 30 years. Neighbors said what appeared to be unauthorized parties and performance were held there every weekend.
Fil-Ams sound off on Robredo resignation with conflicting views
How Simbang Gabi got started in San Francisco archdiocese
From a US general’s letter to a Congressional Gold Medal
TAGS: deadliest fire in Oakland’s history, Filipino American victim Oakland fire, Ghost Ship warehouse fire Oakland, Vanessa Quintos Plotkin
Emmy’s 2019: Game Of Thrones Stole The Show
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Anne Grady Center (x) ›
exhibition catalog (x) ›
The University of Toledo Authors Exhibit, March 21- April 14, 2000
Ward M. Canaday Center for Special Collections
The University of Toledo Authors Exhibit, January 18, 1995- March 03, 1995
A Guide to the Eudora Welty Collection,1993
Wholly Toledo: The Business and Industry that Shaped The City, November 17, 2010 - August 12, 2011
Too Far From Home- The Paul Bowles Collection, September 23-December 31,1998
Archaeological Reflections: Traces of Yesterday in the Maumee Valley, July,1986- September, 1986
Recent Arrivals Acquisitions Since 1979, 1982
Memories and the Meaning of Place and Time- The Southern Literary Renaissance, April 3-June 30, 1995
A Century of Toledo Glass, June 1988- September 1988
Touching the Sun Contemporary Afro-American women Writers, May 15,1989- September 08, 1989
The University of Toledo Authors Exhibit, January 22, 1998- February 13, 1998
From Quackery To Bacteriology The Emergency of Modern Medicine in 19th Century America, October 12, 1994 - December 30, 1994
The Tower's Lengthening Shadow- 125 Years of the University of Toledo, 1997
Till Death Us Do Part, March 29,2004- August 27, 2004
A Guide to University of Toledo Publications in the University Archives, April 19, 1983
The University of Toledo Authors & Artists Exhibit, April 1, 2008- May 2, 2008
House and Home: The Intersection of Domestic Architecture and Social History, 1870-1970, October 19, 2016 - May 5, 2017
University of Toledo Authors Exhibit, September 28, 1987- October 23, 1987
The University of Toledo Authors & Artists Exhibit, March 28-May 4,2007
exhibitions; Toledo (Ohio)--History (63) + -
Ward M. Canaday Center for Special Collections (63) + -
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Atlas of Suburbanisms home
Comparing cities
Mapping suburbanism
Working papers reading course
Atlas of Suburbanisms
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Welcome to Atlas of Suburbanisms
It is well known that Canada is an urban nation. Most people now live in cities. But most growth is occurring in the suburbs of large metropolitan areas and in nearby towns and cities. Yet academic research has often focused on our central cities. Better understanding of suburbs as places, and suburbanization as a process, have less frequently been explicit aims of research.
The research of the suburbs that is conducted is all too commonly broad-brush, looking from the seemingly dense and diverse inner city outward to supposedly low-density, uniform suburbs.
But what if we mapped characteristics commonly believed to be telling of suburbs just to see where they actually occur? What if we went to the suburbs, figuratively and literately, and conducted research as if looking from one suburb to the other, or as if looking from a suburb toward the central city? The likely result is an understanding of suburbanism, and our cities more generally, that is richer and more diverse; an understanding that does not take for granted the political or historic development of cities as drawing concrete lines between what we believe is the suburban and the urban.
The Atlas of Suburbanisms aims to provide information that can help us move toward such an understanding.
Oct. 29, 2013New work from Queen’s University
Team led by David Gordon at Queen’s University shows there is a more suburban element to the ‘urban’ picture of Canada’s population than previously thought.
Aug. 15, 2013Suburbanisms Conference: A Suburban Revolution?
Atlas lead Markus Moos and affiliate Pablo Mendez will be presenting at the first Global Suburbanisms conference at York University, September 26-29 2013.
July 11, 2013The Urban Observatory
The Urban Observatory platform launches at ESRI’s International User Conference to compare and contrast crowd-sourced urban data.
Tweets by @Markus_Moos
Markus Moos
PhD, MPL, BES
School of Planning
Markus Moos is an Assistant Professor in the School of Planning, Faculty of Environment, University of Waterloo. His research is on the implications of the changing economy and social structure of Canadian cities, labour restructuring, housing markets, commuting patterns, and the relations between sustainability planning and social justice in cities. He has published on these issues in book chapters and articles in Urban Studies, Journal of Planning Education and Research, Environment and Planning A, Journal of Urban Affairs, International Journal of Urban and Regional Research and Urban Geography.
Markus can be found on Twitter: @Markus_Moos
See all profiles
This research was supported by Social Sciences and Humanities Research Council of Canada (SSHRC) through funding from the Major Collaborative Research Initiative (MCRI): Global Suburbanisms: Governance, Land and Infrastructure in the 21st Century (2010-2017)
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Basemental: Breakfast Party, Rock n’ Roll During the Day
by Will Meyer | Apr 25, 2019
Recently, on a Saturday morning, I was lying in bed trying to muster the will to get up when a man dressed in all black, who seemed vaguely familiar, started poking around — letting himself into my room unannounced — and generally scoping out my personal dwelling space. “What could this stranger possibly be doing?” I wondered.
Turns out he was arriving to film a music video, which apparently, unbeknownst to me, was to be filmed in my room. Given my prickly disposition to all things morning, squinting through uncaffeinated eyes, and previously unaware of the fact that my room was to be used as a set, I was initially unconvinced of its utility towards a project I knew little about. But knowing better than to get in anyone’s way, I got out of the house (“hey, just put my room back together when you’re done!”) and I gotta say the video turned out great.
The music video for the song “Making Breakfast” by local psych rockers Carinae — pronounced “Ka-ree-nay” and named after a constellation — unitizes our cozy punk farmhouse: inverting mundane domestic tasks to heights unrecognizable and, frankly, unimaginable to the uncaffeinated.
The video opens with a hypnotic swirl and a frame of the house as a pulsing piano riff beckons viewers inside to vocalist and keyboard player Kasey Greene tickling the ivories in his bedroom. Although this is a common occurrence (Kasey has played the piano in his bedroom while I’ve been writing this column), the video quickly cuts to things that have likely never occurred in our house before — ball pit balls tumbling down the stairs, a yoga-like exercise routine performed in matching uniforms, people ingesting confetti — conveying a vibe of wellness hedonism. Guitarists Gage Lyons and Calvin Parent look like they might as well be meditating, with their eyes closed and guitars in position.
As the video progresses, shifting between rooms and scenes, at one moment landing in a basement (not mine) where the band is playing, there is a human person inside of a washing machine (among other strange flashes). The video ultimately ends up with band members sitting around a kitchen table with Kasey serving what presumably is “breakfast.” The table is completely covered with fruit loops as he gratuitously scoops heaps of a frosting like substance straight onto the table’s surface.
While the song offers the rejuvenative task of making breakfast as an antidote to a night long party, the video breathes life, intrigue, and excitement into daylight hours, offering an answer to the paradox vexing the rock bands of the Instagram age. Where a extravagant party on its own might have been enough for a psych band of a different era, Carinae reconciles the tensions between doing healthy stuff and having a good time. I think a day time party looks more fun anyway.
Will Meyer writes the twice-monthly Basemental column. You can contact him at willinabucket@gmail.com.
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It's A Big World After All
A Place You Weren't Thinking About Marfa, Texas
Brush up on this tiny desert town in West Texas that’s becoming known for more than, well, its brush
***Mathieu Lebreton***
By Mike Postalakis
On the Visit Marfa homepage there’s a large color photograph of some desert brush. And that’s pretty much it. Sure, in the same photo there are baby blue skies, groovy cloud formation and some mountains off in the yonder, but it’s really just a picture of some brush. Perhaps they’re proud of that particular patch of brush. On my desk is a fortune from a cookie I ate close to a year ago. We all have our talismans.
Luckily for visitors to Marfa, they have much more to offer than tumbleweeds. For example, there’s a Prada store on the outskirts of a town that’s comprised mostly of outskirts. Which is perfect for an East Coaster looking to get away from high rents and never-ending car horns. Someone who wants to get away from the grind and get off the grid, but still needs their $1700 leather clutch.
Yes, that’s Prada***Terry Feuerborn/Flickr***
That’s the sort of town Marfa is: complex, yet simple. You could sprint from one side of town to the other without breaking a sweat, but there’s something special about this town. Something downright magical. It’s a place both steeped in the past and geared heavily towards the future. Like the Frasier reboot.
Music fans have been making the trek towards this desert haven since 2014 for the Marfa Myths Festival (say that five times fast).
Billed as an annual music festival and multidisciplinary cultural program, Marfa Myths was started by foundation Ballroom Marfa, in partnership with Brooklyn-based record label, Mexican Summer. Past lineups have included Julia Holter, Chulita Vinyl Club, Allah-Las, and other bands I’ve never heard of. Lemme know when you book the Bellamy Brothers.
Long before those noisy hipsters filled the skies of West Texas with their hipster-y noise, Marfa, located about three hours southeast of El Paso, was most famous as the setting for the James Dean classic Giant. Directed by George Stevens, Giant was the last of a trio of films that Dean made before he literally crashed and burned in a tiny tin can on wheels somewhere in California. Playing surly ranch hand Jett Rink, Dean ended up being nominated for an Oscar for Best Actor (losing to legendary cueball Yul Brynner for The King and I).
Marfa’s enigmatic brush! ***Visit Marfa***
Another legendary rabble-rouser also popped up briefly in Giant — Dennis Hopper. His second movie with his good buddy Dean. Rumor has it that Dean and Hopper had quite a time drinking and womanizing while staying as guests at the Hotel Paisano in downtown Marfa. This was before TMZ, folks.
Hotel Saint George
Besides the Hotel Paisano, there’s the newly constructed Hotel Saint George, built upon the ruins of the old Hotel Saint George. Amenities include a 75-foot pool, two restaurants and rooms equipped with flat-screen TVs and Keurig coffee makers. All the comforts of home (if you happen to share a home with a futuristic armadillo).
You won’t go hungry in Marfa, either. You’ll find everything from food trucks to nice upscale eateries. Nice like Hotel Paisano’s Jett’s Grill, famous for their Pistachio Chicken Fried Steak. Be sure to ask for extra gravy. They’ll happily give it to you without judgement.
For the thrifty eater, there’s Buns N’ Roses, a breakfast spot that also serves some of the best donuts this side of the Rio Grande. If the pun name didn’t already tip you off, they also act as the town florists, just in case you need a dozen “I’m Sorry” roses in a jiffy.
Those looking to unwind with a stiff drink should mosey on over to the Lost Horse Saloon. This bonafide dive is jumping every night of the week, with a healthy mix of locals and tourists. Check out Thursday’s “Dollar Draft” night, perfect for the pugnacious! (Please don’t fight.)
Do Your Thing Coffee House
In the morning, you and your hangover can get a jolt of caffeine from Do Your Thing Coffee. Tell ‘em Dennis Hopper sent you!
For a small town, Marfa also has their share of art museums. Almost one per its 1,700 residents, it seems. I’m joking, of course, but if you desire to see some of the best contemporary art in the grand old U.S.of A, Marfa is the place. Perhaps the best of them all is the Ayn Foundation, which is currently displaying the Andy Warhol series The Last Supper. They also have presented, since 2005, German artist Maria Zerres’ tribute to the tragic events of September 11th, entitled September Eleven. Easy enough to remember. The abstract pieces are incredible to behold.
Marfa’s mysterious lights…. ***Steve Baxter/Flickr***
Now let’s get to the weird stuff: The Marfa Lights. Since the 19th century locals have been reporting on a cluster of sourceless lights that seem to dance on the horizon towards the southeast side of town off Highway 90. These Will-o’-the-wisps are often red or blue, and some have been known to violently streak across the sky. Some party poopers (scientists) suggest that the lights are just atmospheric reflections of automobile headlights — but for the sake of having a fun trip, we’ll keep the mystery alive and say they’re ghost lights. Who invites a scientist on vacation anyway?
So, yeah, Marfa has a little bit of everything for you: music festivals, Warhol, great coffee and donuts, plus some actual unexplained paranormal activity. If you happen to map it right, you can get your picture taken with that particular patch of brush. Which is as close to celebrity as Marfa has seen since old Jimmy Dean.
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How to SEO E-Commerce Category Pages
You will often come across a category page whilst searching for products to buy from an online store. They are usually sections of a website that you click through to from a top navigation menu, and typically house a number of individual products.
A good example would be ‘sofas’ on a home furniture website. Once on a sofa category page, you will see many different types and brands of sofa, often with filters to better focus your search.
Category pages typically sit directly below your homepage in your website structure and are important pages for SEO and user experience (UX); here’s why…
Being close to the top of the hierarchy, category pages receive more link equity than other pages on your website that don’t have direct links from your homepage. Links are a significant ranking factor for web pages, so the pages that link from your homepage will typically have a better chance to compete for popular search terms, although there are many more ranking factors.
People are far more likely to search for a generic, category-level term like ‘sofas’ than the specific product name, therefore it’s important to focus on getting category page optimisation right. The good news is that there are a set of best practice steps you can follow to help increase your traffic and convert more browsers into customers.
Having a simple and flat URL structure that’s adhered to site-wide helps with SEO. As a general rule, URLs should be as short as possible while containing all relevant keywords (more on how to choose keywords below). Google will truncate your URL in Search Engine Results Pages (SERPs) if it’s longer than 512 pixels, and shorter URLs are also better for readability.
Moz gives the optimal format of a category URL as follows:
http://www.example.com/category-keyword/subcategory-keyword/primary-keyword.html
This highly-optimised URL for fashion retailer Warehouse, includes all of the category level keywords, as well as a product description and even a product code:
http://www.warehouse.co.uk/gb/clothing/dresses/polka-dot-print-crepe-dress/030678.html
Including relevant keywords in URLs increases user trust and therefore clicks, as searchers can explicitly see before they click that the page is what they were searching for. But importantly for SEO, when URLs get copied and pasted – which is surprisingly often – the URL text is used as the anchor text, which counts towards rankings.
This poor example of URL structure shows neither the category nor title of the book, and as it’s 917 pixels long, only half of it displays in the address bar, or would display in the SERP:
https://www.thebookpeople.co.uk/webapp/wcs/stores/servlet/qs_product_tbp?productId=546506&catalogId=10051&catId=182235
Page titles appear as the first piece of information in each search engine result and are another crucial place to include keywords. There are a number of keyword research tools that’ll help you to find high ranking keywords and prioritise them. Place specific keywords first in the title, including descriptive product or service terms, then include your brand name, remembering to keep them short as Google will truncate page titles too.
It’s important that your page title matches the category described on your page and its content as it enhances click-through rates. This will also ensure relevancy when on the page to keep bounce rates low, which is a strong indicator to search engines of a quality web page.
This page from HolidayHypermarket.co.uk is a good example with its title for ‘Ibiza All Inclusive Holidays’
Meta descriptions
While meta descriptions aren’t a direct ranking factor, they act as an important indicator to readers that they should click on your link from a SERP. The more detailed and relevant the description is to a search query, the better your click-through rate (CTR) will be, so you should always customise your meta description.
Google recently changed its rules to allow longer meta descriptions and can dynamically change the description to match the searcher’s intent to the content on your page. However, if you create your meta descriptions like Google does, incorporating Analytics insights like search intent and organic queries, there’s a greater chance Google will use yours.
You may have a large number of similar pages, in which case you can use a meta-template, changing the keywords for the particular product or category. In WordPress, if you don’t specify a meta description, it will default to the first line of the H1 or intro, which can work okay as long as your H1 is optimised (see below). However, other CMS systems can leave it blank, in which case Google will pull in content from your web page as the description, but don’t rely on this.
Using a search for a ‘rotary washing line’ as an example, Argos features highly for both its ‘washing lines and airers’ category page and for its rotary washing lines search page that sends users directly to rotary washing line products. In both search results, the meta descriptions contain the search term to entice clicks. In the first instance, the text is drawn from the intro copy on the category page, that lies below the products. And in the second instance, it’s clear Argos has used a meta-template, inserting the keyword into the phrase ‘Get set for rotary washing line at Argos’.
In comparison, despite Linepost having very relevant products, the below meta description text is pulled from the only content it has on its category page, which is other page titles. This doesn’t relate to the search and is less likely to encourage click-throughs.
H1s
Google is constantly rolling out algorithm updates, whether major or minor ones and over time less emphasis has been placed on H1s for page rankings. However, it’s good practice to include keywords in H1s for relevancy and UX, and to structure content for search engines. They’re generally the first heading on any page, usually the page title, but if you have a few pertinent areas on your category page you can make them all H1s.
You add an H1 using <h1>this code</h1>, or many WordPress themes are set-up to automatically choose your title as an H1. To see what other websites use as H1s, go into the page source and do a Ctrl F search.
Looking at a couple of leading homeware retailers, The Range uses multiple H1 tags on four key areas halfway down its bedding category page.
Whereas Dunelm just has one H1 on its bedding category page – Bedding.
Beneath your H1, the rest of the content on a category page is important both for UX and SEO. While Google is good at recognising big brands that should be near the top of SERPs as they’ll excel in a number of ranking factors, good copy is a strong tool for lifting less well-known brands through the rankings.
However, it can be a bit tricky to fit much content in a category page when you want the all-important, revenue-generating products to be the focus. A common way around this is to use a concertina drop down with a ‘read more’ button. Or you can put a short piece of text under your H1, then expand with more content after your products. Both options allow you to add more keywords in too. And in much the same way, it’s important to optimise your individual product descriptions with quality copy too.
More content also means more opportunities to embed internal links which, as we’ve seen, are important for spreading link equity between category pages on your website. This internal link calculator determines how much link equity is going to each page and how to prioritise certain pages.
Currys does supremely on content with a keyword-rich description above its TV categories, then much more below including a ‘Buying Guide’, ‘Advice and Inspiration’ and ‘Things to Consider’, all positive for UX.
Whereas, across the Virgin Wines website, few of its category pages have any content other than product information, not ideal for UX or keyword inclusion.
Images are of utmost importance in e-commerce to showcase your products, and keeping image style and backgrounds uniform across a site shows professionalism. You should use high quality images for good UX, but compress them so the file size isn’t too large (100kb or less per image as a guide), particularly if you have a lot of images on each page. This is because slow loading pages due to large image files increases hopping cart abandonment, lowering conversion rates and signalling a poor UX to Google.
Give the image a logical filename and alt text and it will gain more clicks from image search. Alt text also serves a purpose for improving UX, as the alt text will be visible to the user should the image itself not display for any reason.
Online fashion retailer ASOS.com is a very image-led website and it even uses imagery in its navigation bars to depict what you’re clicking through to. ASOS also shows images of all of its items on models to indicate fit.
Search filters for usability
Search filters should be as thorough as possible so people can find exactly what they want and don’t leave prematurely, particularly if you stock a large range of items. Include all subcategories, price range and product variations, as well as things like delivery options. You may also wish to test whether showing availability encourages sales, particularly when stock is low, as part of your Conversion-Rate-Optimisation (CRO) tactics.
Using ASOS as a good example again, they’ve recently updated their filter function, making it much more user-friendly with a sliding price range bar. They display filters prominently at the top of each category page.
Technical SEO considerations
On the more technical side of things, there are a couple of SEO factors to think about in e-commerce. For example, if you have multiple product pages in the same category, you need to let search engines know that the main page should rank, so each subsequent page isn’t competing. Google has long argued that users prefer to see this view all category page as a top search result, and have adapted their support guides to indicate how best to deal with pagination on a website.
Duplicate content can occur when different URLs serve the same content, even if by accident, and this is bad news for rankings as search engines have a tougher job deciding which page to choose over another. One way to avoid multiple versions of the same URL is to follow best practice. Remember to keep your URL text in all lower case – even one small difference in character or case type will create a duplicate page. If you do get multiple versions, you can set-up a permanent redirect, but make sure it only goes one way – to the preferred, lower case URL. Google doesn’t like redirect loops, where two pages redirect to each other.
There are many ways you can optimise your e-commerce category pages, and as they’re such an important part of getting your website to rank well in search, doing so can bring big increases in traffic and conversions.
If you would like some advice about your website content, get in touch with us today.
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Arrive & Drive
Jr. Racing
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About Our Karts: Why Go Electric?
If you’ve never raced in an electric kart, you’re missing out on an adrenaline rush other kinds of karting just can’t provide. What makes the Thunderbolt racing experience a cut above the others? Our state-of-the-art electric karts are faster, cleaner and more competitive than fuel-powered karts, so you can enjoy a more exhilarating ride all the way from Lap 1 to Lap 16. Made by OTL Italy, our STORM series karts hail from the same country as the Ferrari and Lamborghini, and are engineered for the best in both performance and safety. Read on for more about why electric always wins.
They’re faster.
In gas-powered karts the weight of the passenger may affect the speed of the kart at times. Depending on the weight of the driver, sometimes weights are added to gas-powered karts to even the playing field. Thanks to the high motor torque in electric karts, passenger weight has very little influence on your speed. Electric karts have more power and torque than gas-powered karts, allowing for faster take-offs and better acceleration. That means you’ll reach faster speeds much more quickly, making for a more thrilling, adrenaline-boosting ride. A superior electronic differential makes changing gears and directions easier for simple handling across every corner of the track.
They’re cleaner.
No gas means you won’t have to deal with smelly exhaust fumes and emissions as you race. Many people dislike gas karts because the fumes can cause headaches. The electric engines are powered by batteries with an electric controller, making them more environmentally-friendly than fuel-powered alternatives. They’re also much quieter, which makes for a more enjoyable racing experience for drivers and spectators alike.
They’re safer.
Fuel-powered karts often distribute weight predominantly on one side, making them more susceptible to flipping. Our electric karts are heavier and distribute weight more evenly (with batteries on both sides rather than an engine solely on one), making them safer and eliminating that risk. Our karts are also equipped with rollbars, four-point safety belts and durable, resistant framing to help keep drivers safe. And underneath the hood, self-ventilating disk brakes and a chain drive transmission allow for a bump-free ride along the way.
They level the playing field.
Gas karts have to be tuned and adjusted frequently, meaning some may run better than others, giving an unfair advantage to certain drivers purely by chance. Electric karts are more consistent, so every racer competes with the same equipment.
Don’t just take our word for it—go for a spin and experience the difference for yourself. Check out our racing calendar and contact us today or call 804-378-6066, to get in the driver’s seat today!
Start Your Racing Profile
Thunderbolt Indoor Karting
1365 Carmia Way
Mon-Thurs 1 pm - 9 pm Friday 1 pm - 11 pm Saturday 11 am - 11 pm Sunday 12 pm - 7 pm
© 2019 Thunderbolt Indoor Karting. All Rights Reserved.
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Category Archives: riots and pogroms
A Patriotic Muslim Sri Lankan … now permanently disabled – shot by the Zahran Hashim Cell
BBC News Item, 31 May 2019, entitled “The man who might have stopped Sri Lanka’s Easter bombings”
When bombs planted in churches and hotels killed more than 200 people in Sri Lanka on Easter Sunday, few had realised that the nation had a problem with Islamist militancy. One man who did, reports the BBC’s Secunder Kermani, was Mohammad Razak Taslim. Lying on a hospital bed, Mohammad Razak Taslim’s face contorts with pain. The left side of his body is completely paralysed, but he reaches out with his right hand, trying to clutch at his wife and brother-in-law who stand anxiously over him. His wife, Fatima, presses a handkerchief to his head. One side of his skull has caved in. It’s where he was shot in the head in March. Ever since, he’s been unable to speak, unable to walk.
Filed under accountability, atrocities, communal relations, cultural transmission, disparagement, ethnicity, governance, historical interpretation, Islamic fundamentalism, jihad, legal issues, life stories, martyrdom, Muslims in Lanka, politIcal discourse, power politics, propaganda, racist thinking, riots and pogroms, security, self-reflexivity, sri lankan society, terrorism, trauma, unusual people, violence of language, world events & processes, zealotry
Calm Intelligence Required, not Islamophobia — says Uyan
Jayadeva Uyangoda, in Sunday Observer, 26 May 2019, where the title runs thus “Fight Terrorism. Avoid Islamophobia”
Islamophobia is a term that gained currency in the 1980s in British English. It referred to prejudices against Islam and Muslim people that had begun to spread in the UK since the 1970s. As a cultural, intellectual and political phenomenon, Islamophobia also began to spread throughout the Western world after the 9/11 attacks in the US. The Christian Right in America has been the leading force that promoted Islamophobia as a new strand of political ideology in the world. It spread to the Hindu and Buddhist worlds as well amidst the rapid rise of ethnic identity politics and conflict.
Filed under atrocities, communal relations, disparagement, historical interpretation, Islamic fundamentalism, jihad, landscape wondrous, life stories, Muslims in Lanka, politIcal discourse, power politics, racist thinking, reconciliation, riots and pogroms, security, self-reflexivity, sri lankan society, terrorism, unusual people, vengeance, world events & processes, zealotry
When Havelock Town moved into Colombo City
Item courtesy of “Ëxplore Sri Lanka” in Januäry 2013, where this item is entitled “Havelock Town: From Rubber Plantation To Distinctive Suburb
From Rubber Plantation To Distinctive Suburb! It may be unusual to find a town within a city – unless it’s a Chinatown – but as far as Colombo is concerned, before the creation of Havelock Town and the adjacent Havelock Park in the early years of the 20th Century, this land was outside the residential area, in fact a rubber plantation that formerly cultivated cinnamon, which stretched westwards to Galle Road.
Havelock Town and Havelock Park were named by the Colombo Municipal Council (CMC) to honour Sir Arthur Havelock who, after a distinguished colonial career during which he governed Sierra Leone, Trinidad, and Natal, was appointed Governor of Ceylon from 1890-1895. Havelock is best-known for abolishing the ‘paddy tax’ – an unpopular levy on rice cultivation – extending the railway network to Kurunegala and Bandarawela, and bringing the benefits of medical science and education to all sections of the population.
Filed under accountability, architects & architecture, British colonialism, centre-periphery relations, economic processes, heritage, historical interpretation, island economy, landscape wondrous, life stories, politIcal discourse, riots and pogroms, self-reflexivity, Sri Lankan cricket, sri lankan society, transport and communications, unusual people, world events & processes
The Clash of Civilisations and Hate at the Heart of 21/4 in Sri Lanka
My thoughts are organised in point-form in order to assist succincttness.
A = I recall seeing a news item a day or so back which indicated that Sri Lanka was in the process of acquiring sophisticated cyber-technology from China in order to pursue its intelligence work the better. Quite logical that — though late in the day.
Mecca at Hajj Pilgrims at St Peter’s Basilica
Filed under accountability, Al Qaeda, atrocities, authoritarian regimes, economic processes, ethnicity, fundamentalism, historical interpretation, Indian Ocean politics, Indian traditions, Islamic fundamentalism, legal issues, life stories, meditations, politIcal discourse, power politics, propaganda, racist thinking, riots and pogroms, security, self-reflexivity, sri lankan society, suicide bombing, terrorism, trauma, unusual people, vengeance, world events & processes, zealotry
May 3, 2019 · 4:12 am
Slippages: Where “Muslim” is an Ethnic Label as Well as a Religious Typification
From Waleel Aly to Greg Sheridan and Brendan O’Neill[1] the foreign writers who have ventured to comment on the recent Islamic jihadist attacks in Sri Lanka have invariably considered the category “Muslim” to be a religious identity. This is not completely erroneous. But this reading obscures the fact that the term is also an ethnic concept when placed in juxtaposition with the terms Sinhalese (Sinhala) and Tamils. Within the island one must attend carefully to the context of usage. Not surprisingly, these foreign reporters are unaware of these nuances.
A Moor gentleman -as depicted in Wright’s Twentieth Century Impressions of Ceylon 1905
Those whom we refer today in Sri Lankan English as “Muslim” were described till about the 1930s as “Mohammedan” and/or “Moor.” The term “Moors’’ was a racial category rendering them different from the term “Malay” – so that the Malays were a separate category under “RACE” in the 1921 census and counted as distinct from the Sinhalese, Tamils, Moors, Europeans, Burghers & Eurasians, Veddas and “Others.”[2] This differentiation is enshrined in the Sinhala speech insofar as Malays are identified as ja, javun or javo; while the Moors are described as yon or marakkala or thambiyo.
Filed under communal relations, disparagement, ethnicity, heritage, landscape wondrous, life stories, Muslims in Lanka, politIcal discourse, riots and pogroms, sri lankan society, unusual people, world events & processes
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Preview: Alabama Welcomes Mississippi Valley State for Tuesday Night Doubleheader
L.C. May
(Photo Courtesy of Alabama Athletics)
Alabama (20-18, 7-11 SEC) enter a midweek doubleheader after falling just short of getting a series win over 14th-ranked Missouri last weekend. The Tigers escaped with a 4-3 win on Friday, but the Tide quickly responded with a 6-0 win to start Saturday's doubleheader. It was the first time Missouri had been shutout this season. But Alabama dropped the final game 5-3.
The Tide once again proved that it can compete with any team in the country. However, Alabama's potential will not be enough to guarantee a postseason bid, so they will still need some big wins down the stretch. Tuesday's night doubleheader against Mississippi Valley State is not considered a big series, but this team cannot afford to drop a game to the Devils.
Meanwhile, Mississippi Valley State (6-26-1) will likely struggle to compete with Alabama on Tuesday. The Delta Devils are last in the SWAC standings, and they are currently in the midst of an 11-game losing streak. During that stretch, they have been outscored 136-47 including a 31-7 loss to Delta State to start the losing streak.
The glaring issue for Mississippi Valley State is on the mound. The Delta Devils' 9.20 ERA is the worst team ERA in Division I college baseball. They have allowed 414 hits across 33 games this season. Just to put that in perspective, Mississippi State has allowed an SEC worst 336 hits across 40 games this season. MVSU has yet to announce their probable starters for the two games.
The Delta Devils' pitching problems could not have come at a better time for Alabama. The Tide put on a hitting clinic in their Saturday win over Missouri, which included home runs from Casey Hughston, Georgie Salem, and Kyle Overstreet. Hughston now leads the team in batting average (.358), hits (54), home runs (5), and RBIs (30). Mikey White, Overstreet, and J.C. Wilhite are all batting over .300 with Cody Henry right behind them at .299.
Hopefully Mitch Gaspard will not have to rely too heavily on the hitting game. Game one probable starter Nick Eicholtz (2-0, 2.19 ERA, 15 SO, 9 BB) played exceptionally well in last Tuesday's win over UAB and will look to pick up his third win of the year. Game two probable starter Will Carter (1-5, 5.40 ERA, 25 SO, 26 BB) will be getting his first Tuesday night start. Carter was replaced by freshman Jake Walters in the starting pitching rotation last weekend.
Facing off against Eicholtz and Carter will be a MVSU lineup that has had its ups and downs. The Devils' batting statistics have remained middle of the pack in the SWAC. First baseman Brady McBride leads the team in batting average (.351). Outfielder Kalik May, a Tuscaloosa County High School alum, leads MVSU in hits (44), RBIs (22), runs scored (27), and triples (5).
Alabama leads the all-time series 20-1 over Mississippi Valley State with the Tide's only loss coming in 2012. The first game of the doubleheader will begin at 2:00 pm with the second game immediately following. Up next, Alabama travels to Oxford to take on Ole Miss in a three game series.
Filed Under: Alabama Baseball, Brady McBride, Casey Hughston, Cody Henry, J.C. Wilhite, Kalik May, Kyle Overstreet, Mikey White, Mississippi Valley State Baseball, Mitch Gaspard, Nick Eicholtz, Will Carter
Categories: Alabama Baseball, Baseball
Chase Goodbread Ranks the QBs of SEC Media Days 2019
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/getratingsfrommovieid.cms?msid=61934657&view=nowshowing&onlycritic=yes
Sonakshi Sinha shares a 'pack up' selfie on her Instagram!
On the occasion of Guru Purnima, Hrithik Roshan shares post for all the teachers
Mumbai building collapse: Bollywood celebs condole loss of life, ask people to 'stay safe'
Shoot at site: A sumo wrestler’s sojourn in Chennai
Aishwarya Rajesh & Priya Bhavani Shankar in 'Indian 2'
'Poovey Pogathey' traces the different dimensions of love
Actress Ineya: Life has taken a turn for the better after changing my name to Ineya
Mammootty, Meena team up for Ajai Vasudev’s Shylock
Jayasurya’s next role is inspired by a real-life collector
‘I love action flicks and will do more’
Zareen Khan coming to Tollywood! 6 Jaw-Dropping Snaps of the
Zareen Khan coming to Tollywood! 6 Jaw-Dropping Snaps of the ‘Hate Story 3’ bombshell
Last updated on - Jul 5, 2019, 16:57 ISTShare fbsharetwsharepinshareComments (0)
01/6The 32-year-old sexy siren is making her Tollywood debut with Gopichand’s ‘Chanakya’
Bollywood actress Zareen Khan who shot to to fame with Salman Khan’s ‘Veer’ in 2010 is making her debut in Telugu cinema with the upcoming espionage thriller ‘Chanakya’. Starring action hero Gopichand as the protagonist and Mehreen Pirzada as his love interest, the stylish film is directed by Tamil filmmaker Thiru. While most part of the shoot has already been wrapped up, Zareen Khan is pretty much excited about her hitherto action-packed-role in the film. According to the actress, there are many high-octane action sequences in ‘Chanakya’ and she herself has also got to perform some stunts.
During her initial days in the showbiz arena, Zareen was dubbed as Katrina Kaif’s chubby lookalike by critics; however, the sizzling beauty lost oodles of weight after her maiden film and silenced everyone with her power-packed performances, curvaceous figure and arresting looks. She delivered some drool-worthy stuff in quite a few thrillers like ‘Hate Story 3’ and ‘1921’, and saved those films from sinking without a trace. On the occasion of her entry into Tollywood, check out some of her jaw-dropping images.
02/6Inspirational transformation from chubby avatar to perfect figure
Zareen Khan was born into a Muslim Pashtun family in Mumbai. Hailing from a broken household, her journey from being a chubby girl to the new hottie in town is truly inspirational. Following her bulky avatar in ‘Veer’, she fought intense media scrutiny during the initial days in Bollywood and was almost written off by critics for her screen presence. However, the ravishing diva took this as a challenge, worked extremely hard in the gym, and got rid of all those extra kilos from her body. With a slim and sexy avatar in ‘Ready’, she managed to stun the viewers and silence all her detractors.
03/6Unexpected opportunity as the female lead
During her visit to the sets of ‘Yuvvraaj’ at Subhash Ghai's film school, Zareen Khan was unexpectedly spotted by Salman Khan. Impressed by her charm and captivating beauty, the superstar of Bollywood decided to cast her as the female lead in his 2010 war-drama ‘Veer’. Though the film failed at the ticket counters, Zareen made a striking impression as Princess Yashodhara and resembled Katrina Kaif in terms of looks and appearance. After undergoing an impressive fit-to-fat transformation, she moved her belly for the special number ‘Character Dheela’ in Anees Bazmee’s ‘Ready’. The peppy song parodied characters from Mughal-e-Azam, Sholay and Shri 420.
04/6‘Housefull 2’ and ‘Hate Story 3’
Zareen Khan’s first success as the leading lady came with Sajid Khan’s ‘Housefull 2’ in 2012. Playing the role of model JLo in the action-comedy, the hot bombshell featured alongside an ensemble cast including Ritesh Deshmukh, Akshay Kumar, Asin, John Abraham and Jacqueline Fernandez. According to a critic, “Zarine act more as eye candy. She appears typical sultry and enticing selves, and is befitting in her own space.” Even in the 2015 erotic-thriller ‘Hate Story 3’, the leggy lass flaunted her irresistible curves to perfection and pulled the masses into the theaters. Besides acting, Zareen is pretty famous when it comes to item numbers.
05/6Huge fan of Allu Arjun’s dance moves
Speaking about her new journey in Tollywood, Zareen was quoted as saying "I've heard a lot about how people here are super professional and disciplined. After shooting for Chanakya, I got to experience it first-hand. I'm quite blown away with the pace at which movies are shot, it's quite incredible." When asked about her favourite dancer in Telugu cinema, the damsel admitted that though there are many good dancers, she is a huge admirer of Allu Arjun's moves. She said, "I just love how effortless he makes it look."
06/6Daisy Shah’s interesting take on Salman Khan and Bigg Boss show
Speculations regarding the contestants entering the 13th edition of Bigg Boss house have already started to creep up on the internet. Daisy Shah’s name has been brought up several times in the past that she would be a part of Salman Khan hosted TV reality show. However, during a recent media interaction, she was asked if she would ever participate in Bigg Boss and her reply was pretty interesting. “I’ll never participate in the show and even if I get the offer, Salman would make sure that I'm not going inside the Bigg Boss house.”
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LAST UPDATED : Jul 12, 2019, 01:05 PM IST
RX 100 completes one year of its release
Kartikeya Gummakonda and Payal Rajput starrer RX 100 completed one year of its release today (July 12). The film, which also stars Ram Ramesh, Ramki, Mahesh and Giridhar, created a quite stir right after it was released.
Dumped by sons, 100-year-old united with family by helpline
Sumati Makwana (name changed), 100, is a mother of four sons and three daughters. However, in her old age, she was forced to go from pillar to post as her own children refused to keep her.
AIIMS Delhi facility to treat patients with burn injuries by year-end
A new 100-bedded dedicated facility to treat patients suffering from burn injuries will soon start at AIIMS trauma centre
100-year-old renews passport, Europe visit on bucket list
The 62-year-old Regional Passport Office in Kolkata played host to a 100-year-old passport applicant, the oldest in recent memory, on Friday
How to be 100 plus and yet go strong
Part of 100-year-old Kurla building crashes, none hurt
The portion of a dilapidated building, Sakina Manzil, in Kurla (W) collapsed on Saturday afternoon, creating panic among occupants.There were no casualties.
Four years on, just 100m of 7-km stretch ready
BBMP's slow pace of work on widening Bannerghatta Road became a hot topic of discussion at the council meeting on Friday.
Four-year-old running home falls into open drain in Loni, dies
Chennai: Tangedco to add 2,100MW thermal capacity in 2 years
: After years of delay, Tangedco has stepped up work on three of its pending thermal power units with a view to adding 2,120MW to its existing capacity of 4,320MW in the next two years
Tara Sutaria wants to know Ahan Shetty…
It’s just a part of the prep for their next film together
Minor girl found dead under mysterious circumstances in Uttar Pradesh; teenager booked
Mystery shrouds over the death of a 15-year-old girl, Pushpa, whose body was found in a farm 100 metres away from her house in Kasganj’s Nagariya Sahpur village on Monday.
Gujarat: 100-year-old woman jailed in power theft case
A local court has issued an arrest warrant against a 100-year-old woman in a power theft case.
JAC Class X topper scores 99.2%, creates history
Priya Raj of Indira Gandhi Balika Vidyalaya of Hazaribag made a record when she scored 99.2% at the Jharkhand Academic Council (JAC) conducted secondary school examination of Class X, the results of which were announced on Thursday. In JAC’s Class X history so far, Priya Raj is the only student who has scored 99.2%. In 2018, the topper scored 97.6%.
Tamil Nadu food grain production surpasses 100 lakh tonne last year
While the state government hoped to achieve 110 lakh metric tonne of food grain production by formulating region-specific and crop-specific technological interventions, the production touched 101 lakh tonnes, as per the third advance estimates available with the agriculture department for the last fiscal year.
Here's how 'Student Of The Year 2' star Tara Sutaria gets ready for her new crush!
Tara Sutaria marked her debut with Punit Malhotra's 'Student Of The Year 2'. The film has hit the theatres this Friday and getting mixed reviews.
100-year-old coal-fired loco ready to chug on NMR
Surat: People come together to save 100-year-old Dumas well
Noted Punjabi writer Jaswant Kanwal felicitated on completing 100 years
He might be bed-ridden, but that didn’t deter hundreds of admirers from assembling at the Government College of the historical village Dhudike in Moga. After all, not every day one turns 100.
Ahmedabad B-school records 100% placement
The BK School of Professional and Management Studies, one of the oldest B-Schools of Gujarat achieved 100% placements for its 2019 batch, and saw them get hired for an average annual package of Rs. 5.06 lakh, according to a press statement from the institute.
100 - Official Teaser
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LAST UPDATED : May 18, 2019, 10:24 AM IST
Thiruvananthapuram, among favourite destination from Hamburg
This $280,000 lab-grown hamburger could be a more palatable $10 in two years
Lab-grown meat, first introduced to the world six years ago in the form of a $280,000 hamburger, could hit supermarket shelves at $10 a patty within two years, European start-ups told Reuters.
The $280,000 lab-grown burger could be a more palatable $10 in two years
Lab-grown meat, first introduced to the world six years ago in the form of a $280,000 hamburger, could hit supermarket shelves at $10 a patty within two years. Consumers concerned about climate change, animal welfare and their own health have been fueling interest in so-called clean meat.
Air Arabia gets its first A321neo LR aircraft
Air Arabia is the first Middle Eastern airline to operate the A321neo LR and this delivery is the first of six aircraft that will join Air Arabia’s fleet that comprises of 53 A320 family aircraft serving more than 155 routes across the globe from four hubs in the UAE, (Sharjah and Ras Al Khaimah), Morocco and Egypt.
After 90 hours, Mumbai airport resumes normal operations
After remaining blocked for over 90 hours, the main runway of Mumbai International Airport was re-opened for operations, signalling normal services from around 4.45pm on Friday, an official spokesperson said.
Giant Beijing airport set to open on eve of China's 70th birthday
Beijing is set to open an eye-catching multi-billion dollar airport resembling a massive shining starfish, to accommodate soaring air traffic in China and celebrate the Communist government's 70th anniversary in power. The new airport will operate at full capacity in 2025, with four runways and the potential to receive 72 million passengers per year.
KIA to get face-recognition boarding by July-end
Visakhapatnam airport preferred destination for gold smugglers
FedEx flight makes emergency landing
Mumbai gets its first direct flight to Guangzhou
Travelling to Guangzhou from the city has become easier with direct flights thrice a week launched by RwandAir last week. Till now, the only option to fly to the third largest city in China was on a flight that did a transit halt in Beijing or other South-East Asian cities like Bangkok or Kuala Lumpur.
DGCA issues show-cause notices to Ahmedabad, Chennai airports
Not maintaining “critical parts of aerodrome required to conduct safe aircraft operations … in accordance with (rules),” has earned the Ahmedabad and Chennai airports a show-cause notice each from the Directorate General of Civil Aviation (DGCA) on Tuesday.
Runway lights on the blink, trigger trauma for flyers
Around 10.30 pm on Saturday, runway lights went on the blink due to rainwater seepage.This was confirmed by Air Traffic Control (ATC) officials after inspection of the airstrip at 10.35 pm.
Chennai: Fewer night cabs at airport irk flyers
Lucknow airport revises parking fees to end queue chaos
Iran, Pak overflying restriction fallout: United extends suspension of India routes till September 1
American major United Airlines has further extended the suspension of its daily nonstops on New York (Newark or EWR)-Delhi and EWR-Mumbai routes to September 1. United had first cancelled the Delhi flight on April 5 due to “continued closure of Pakistani airspace” and the same was to resume from July 2.
Will resist attempt to hand over Thiruvananthapuram airport to Adani Group: Kerala CM
"No authority can take away the airport and hand it over to a private player by ignoring the opinion and demand of the state government.
Declare Madurai airport as international: Chamber
The Tamil Nadu Chamber of Commerce and Industry has urged the Centre to declare Madurai as an international airport as 2,54,163 international travellers used the airport between April 2018 and December 2018, while only 1,81,802 passengers flew to foreign countries through Coimbatore airport during the same period.
Thanks to more international flights by IndiGo and AI Express, foreign travel in Jan-March 2019 rises 3.3% despite Jet
Mid-air scare: Flight hovers over 3 airports
Bad weather forced a Mumbai-Delhi Vistara flight with 180 passengers onboard to finally make an emergency landing with minimum fuel at Lucknow airport on Monday, but not before criss-crossing the skies for two hours over three other airports, where it was denied touchdown
Will new Beijing airport become world's busiest?
Construction of Beijing’s new Daxing International Airport was officially completed on June 30 and is set to be inaugurated on September 30, the eve of the 70th anniversary of PR China’s founding.
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Tag Archives: ronald et al v. bank of america
Attorney General Kamala D. Harris Announces Final Components of California Homeowner Bill of Rights Signed into Law
From: Charles Cox [mailto:charles@bayliving.com]
Sent: Tuesday, September 25, 2012 4:21 PM
To: Charles Cox
Subject: Attorney General Kamala D. Harris Announces Final Components of California Homeowner Bill of Rights Signed into Law
News ReleaseSeptember 25, 2012
SACRAMENTO — Attorney General Kamala D. Harris today announced that the final parts of the California Homeowner Bill of Rights have been signed into law by Governor Jerry Brown.
“California has been the epicenter of the foreclosure and mortgage crisis,” said Attorney General Harris. “The Homeowner Bill of Rights will provide basic fairness and transparency for homeowners, and improve the mortgage process for everyone.”
The Governor signed:
Senate Bill 1474 by Senator Loni Hancock, D-Berkeley, which gives the Attorney General’s office the ability to use a statewide grand jury to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.
Assembly Bill 1950, by Assemblymember Mike Davis, D-Los Angeles, which extends the statute of limitations for prosecuting mortgage related crimes from one year to three years, giving the Department of Justice and local District Attorneys the time needed to investigate and prosecute complex mortgage fraud crimes.
Assembly Bill 2610 by Assemblymember Nancy Skinner, D-Berkeley, which requires purchasers of foreclosed homes to give tenants at least 90 days before starting eviction proceedings. If the tenant has a fixed-term lease, the new owner must honor the lease unless the owner demonstrates that certain exceptions intended to prevent fraudulent leases apply.
Previously signed into law were three other components of the Homeowner Bill of Rights. Assembly Bill 2314, by Assemblymember Wilmer Carter, D-Rialto, provides additional tools to local governments and receivers to fight blight caused by multiple vacant homes in neighborhoods.
Two additional bills, which came out of a two-house conference committee, provide protections for borrowers and struggling homeowners, including a restriction on dual-track foreclosures, where a lender forecloses on a borrower despite being in discussions over a loan modification to save the home. The bills also guarantee struggling homeowners a single point of contact at their lender with knowledge of their loan and direct access to decision makers.
All aspects of the California Homeowner Bill of Rights will take effect on January 1, 2013.
# # #You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: http://oag.ca.gov/news/press-releases/attorney-general-kamala-d-harris-announces-final-components-california-homeown-0
You may view all News & Alerts on our website at: http://ag.ca.gov/newsalerts/Please visit the remainder of the Attorney General’s site at: http://ag.ca.gov/
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Fighting the eviction with forms and pleadings a recent case
Paragas tble contents mot lemine
Mot lemine exclude evidence in trial
Mot lemine 2 Peragas
Mot in lemine 3
Peragas oppos settlement statement
Plaintff statement of case
Plaintiff witness list
Plaintiff jury trial brief
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Mot in liemine to preclude Peragas
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sepstatementparagas
proposedsmjorderparagas
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PARAGAS-RJN RE MOTION IN LIMINE
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Here is what not to do Get an injunction, then not post the Bond, then file a frivilious appeal
Filed 4/16/12
CERTIFIED FOR PUBLICTION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
JANE BROWN,
Plaintiff and Appellant,
WELLS FARGO BANK, NA,
Defendant and Respondent.
2d Civil No. B233679
(Super. Ct. No. 56-2010-00378817-CU-OR-VTA)
(Ventura County)
Some appeals are filed to delay the inevitable. This is such an appeal. It is frivolous and was ” ‘dead on arrival’ at the appellate courthouse.” (Estate of Gilkison (1998) 65 Cal.App.4th 1443, 1449.)
Jane Brown was/is in default on a home mortgage. Foreclosure proceedings were commenced and she filed suit to prevent the sale of her home. She appeals from a June 8, 2011 order dissolving a preliminary injunction and allowing the sale to go forward. This was attributable to her failing to deposit $1,700 a month into a trust account as ordered by the trial court. The preliminary injunction required that the money be deposited in lieu of an injunction bond. (Code Civ. Proc., § 529, subd. (a).)
In her opening brief appellant claims that the order dissolving the injunction is invalid because it issued “ex parte.” After calendar notice was sent to him, trial and appellate counsel, Jason W. Estavillo, asked that we dismiss the appeal. We will deny this request. We will affirm the judgment and refer the matter to the California State Bar for consideration of discipline.
Facts and Procedural History
In 2010 appellant defaulted on her $480,000 World Savings Bank FSB loan secured by a deed of trust.[1] Wachovia Mortgage, a division of Wells Fargo Bank NA (respondent) recorded a Notice of Trustee’s Sale on May 12, 2010. The trustee’s sale was postponed to August 9, 2010.
Appellant sued for declaratory/injunctive relief on August 5, 2010. The trial court granted a temporary restraining order to stop the trustee’s sale. On September 7, 2010, the trial court granted a preliminary injunction on condition that appellant deposit $1,700 a month in a client trust account in lieu of a bond.
On June 2, 2011, respondent filed an ex parte application to dissolve the preliminary injunction because appellant had not made a single payment. It argued that “we’re facing a deadline under the trustee sale date of next week. And we have no reason to believe these payments . . . will be made. She has not paid anything on her mortgage in over two years. There is no reason to believe she’s going to make this payment. It’s all been simply a delay tactic.”
Appellant, represented by Mr. Estavillo, appeared at the June 3, 2011 ex parte hearing and argued that the proposed order should not issue ex parte. The trial court agreed, set a June 8, 2011 hearing date, and told appellant’s trial counsel “to scramble on this. Find out from your client what she has done or hasn’t done. And I should tell you that one of the myths that sometimes creeps into this [type of] case is that if the plaintiff is successful, they end up with a free house. It doesn’t work that way.” Counsel told the court that he would “make sure” the payments would “get made.”
On June 7, 2011, appellant filed opposition papers but failed to explain why the money was not deposited in lieu of a bond. Respondent argued that appellant has “not complied with the preliminary injunction. They have not made a payment. There is nothing in there about their ability to make the payment . . . . They have defied [the] court order since December and they continue to do so.”
The trial court dissolved the preliminary injunction and signed the proposed order. The June 8, 2011 order provides: “The foreclosure sale scheduled for June 10, 2011 may go forward as scheduled.”
On June 8, 2011, appellant filed a notice of appeal. The filing of the notice of appeal works as a “stay” of the trial court’s order and stops the trustee’s sale. (Code Civ. Proc., § 916, subd. (a); Royal Thrift & Loan Co. v. County Escrow, Inc. (2004) 123 Cal.App.4th 24, 35-36.)
Frivolous Appeal
In the opening brief appellant’s counsel feebly argues that respondent failed to make a good cause showing for ex parte relief and that her due process rights were violated. She prays for reversal of the order allowing sale of her home. But rather than granting ex parte relief, the trial court agreed to set the matter for hearing. So, the premise to the sole contention on appeal, the ex parte nature of the order, is false. Moreover, at the noticed hearing, appellant expressly waived any claim that the hearing was not properly noticed or was irregular. (Eliceche v. Federal Land Bank Assn. (2002) 103 Cal.App.4th 1349, 1375.) Waiver aside, the trial court had good cause to “fast track” the hearing. The Notice of Trustee’s Sale was about to expire and appellant had not deposited money in lieu of an injunction bond, as ordered. Code of Civil Procedure section 529, subdivision (a) required that the preliminary injunction be dissolved.
Appellant makes no showing that the trial court abused its discretion in dissolving the preliminary injunction. Nor does she even suggest that there has been a miscarriage of justice. She complains that the order has the words “ex parte” in the caption. This is “form over substance” argument. (Civ. Code, § 3528.) On appeal, the substance and effect of the order controls, not its label. (Crtizer v. Enos (2010) 187 Cal.App.4th 1242, 1250; Viejo Bancorp, Inc. v. Wood (1989) 217 Cal.App.3d 200, 205.)
The appellate courts take a dim view of a frivolous appeal. Here, with the misguided help of counsel, the trustee’s sale was delayed for over two years. Use of the appellate process solely for delay is an abuse of the appellate process. (In re Marriage of Flaherty(1982) 31 Cal.3d 637, 646; see also In re Marriage of Greenberg (2011) 194 Cal.App.4th 1095, 1100.) We give appellant the benefit of the doubt. But we have no doubt about appellate counsel’s decision to bring and maintain this appeal, and at the eleventh hour, seek a dismissal. No viable issue is raised on appeal and it is frivolous as a matter of law. (See e.g. In re Marriage of Greenberg, supra, 194 Cal.Ap.4th 1095.) “[R]espondent is not the only person aggrieved by this frivolous appeal. Those litigants who have nonfriviolous appeals are waiting in line while we process the instant appeal.” (Estate of Gilkison, supra, 65 Cal.App.4th at p. 1451.) Respondent has not asked for monetary sanctions. We have not issued an order to show cause seeking sanctions payable to the court. But we do not suffer lightly the abuse of the appellate process.
Appellant’s request to dismiss the appeal is denied. The June 8, 2010 order dissolving the preliminary injunction is affirmed. Respondent is awarded costs on appeal. If there is a standard clause awarding attorney fees to the prevailing party in the note and/or deed of trust, respondent is also awarded reasonable attorney fees in an amount to be determined by the trial court on noticed motion. The clerk of this court is ordered to send a copy of this opinion to the California State Bar for consideration of discipline. We express no opinion on what discipline, if any, is to be imposed. (In re Mariage of Greenberg, supra.)
CERTIFIED FOR PUBLICATION.
YEGAN, J.
We concur:
GILBERT, P.J.
PERREN, J.
Henry Walsh, Judge
Superior Court County of Ventura
Jason W. Estavillo, for Appellant
Robert A. Bailey; Anglin, Flewell, Rasmusen, Campbell & Trytten, for Respondent.
[1] After World Savings Bank FSB issued the loan in 2006, it changed its name to Wachovia Mortgage FSB. Wachovia Mortgage merged into and became a division of Wells Fargo Bank NA.
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Categories Foreclosure
What is a Wrongful Foreclosure Action?
The pretender lender does not have the loan and did not invest any of the servicers money. Yet these frauds are occurring every day. They did not loan you the money yet they are the ones foreclosing, taking the bail out money, the mortgage insurance, and then throwing it back on the investor for the loss. We could stop them if a few plaintiffs where awarded multi million dollar verdicts for wrongful foreclosure.
A wrongful foreclosure action typically occurs when the lender starts a non judicial foreclosure action when it simply has no legal cause. Wrongful foreclosure actions are also brought when the service providers accept partial payments after initiation of the wrongful foreclosure process, and then continue on with the foreclosure process. These predatory lending strategies, as well as other forms of misleading homeowners, are illegal.
The borrower is the one that files a wrongful disclosure action with the court against the service provider, the holder of the note and if it is a non-judicial foreclosure, against the trustee complaining that there was an illegal, fraudulent or willfully oppressive sale of property under a power of sale contained in a mortgage or deed or court judicial proceeding. The borrower can also allege emotional distress and ask for punitive damages in a wrongful foreclosure action.
Causes of Action
Wrongful foreclosure actions may allege that the amount stated in the notice of default as due and owing is incorrect because of the following reasons:
Incorrect interest rate adjustment
Incorrect tax impound accounts
Misapplied payments
forbearance agreement which was not adhered to by the servicer
Unnecessary forced place insurance,
Improper accounting for a confirmed chapter 11 or chapter 13 bankruptcy plan.
Intentional infliction of emotional distress
Negligent infliction of emotional distress
Quiet title
Wrongful foreclosure
Any time prior to the foreclosure sale, a borrower can apply for an injunction with the intent of stopping the foreclosure sale until issues in the lawsuit are resolved. The wrongful foreclosure lawsuit can take anywhere from ten to twenty-four months. Generally, an injunction will only be issued by the court if the court determines that: (1) the borrower is entitled to the injunction; and (2) that if the injunction is not granted, the borrower will be subject to irreparable harm.
Damages Available to Borrower
Damages available to a borrower in a wrongful foreclosure action include: compensation for the detriment caused, which are measured by the value of the property, emotional distress and punitive damages if there is evidence that the servicer or trustee committed fraud, oppression or malice in its wrongful conduct. If the borrower’s allegations are true and correct and the borrower wins the lawsuit, the servicer will have to undue or cancel the foreclosure sale, and pay the borrower’s legal bills.
Why Do Wrongful Foreclosures Occur?
Wrongful foreclosure cases occur usually because of a miscommunication between the lender and the borrower. This could be as a result of an incorrectly applied payment, an error in interest charges and completely inaccurate information communicated between the lender and borrower. Some borrowers make the situation worse by ignoring their monthly statements and not promptly responding in writing to the lender’s communications. Many borrowers just assume that the lender will correct any inaccuracies or errors. Any one of these actions can quickly turn into a foreclosure action. Once an action is instituted, then the borrower will have to prove that it is wrongful or unwarranted. This is done by the borrower filing a wrongful foreclosure action. Costs are expensive and the action can take time to litigate.
The wrongful foreclosure will appear on the borrower’s credit report as a foreclosure, thereby ruining the borrower’s credit rating. Inaccurate delinquencies may also accompany the foreclosure on the credit report. After the foreclosure is found to be wrongful, the borrower must then petition to get the delinquencies and foreclosure off the credit report. This can take a long time and is emotionally distressing.
Wrongful foreclosure may also lead to the borrower losing their home and other assets if the borrower does not act quickly. This can have a devastating affect on a family that has been displaced out of their home. However, once the borrower’s wrongful foreclosure action is successful in court, the borrower may be entitled to compensation for their attorney fees, court costs, pain, suffering and emotional distress caused by the action. Fortunately, these wrongful foreclosure incidences are rare. The majority of foreclosures occur as a result of the borrower defaulting on their mortgage payments.
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Categories FCRA, Foreclosure, I Have a Plan, Predatory Lending, robo-sign, usury
Separation of Note and Deed of Trust
Sent: Wednesday, August 15, 2012 7:06 AM
Subject: Separation of Note and Deed of Trust
From Attorney Dan Hanecak,
Today I was told by Judge Brown of the Sacramento County Superior Court that Civil Code 2936 does not apply to deeds of trust because the statute states mortgage. I was also told that Carpenter v. Longan did not apply to the statutory framework of Section 2924 and the nonjudicial foreclosure scheme. I pleaded that the security instrument follows the note and is unenforceable if it is separated to no avail.
I do like Judge Brown, so this is by no means an attack on him, but it took me only 10 minutes of research to prove that I was right.
Friggin newbies.
See attached research.
Separation of note and DOT.doc
Categories 2923.5, 2923.6, 2924, eviction, I Have a Plan
Cal. Cases…Separation of Note and Deed of Trust
Subject: Cal. Cases…Separation of Note and Deed of Trust
Just a FYI…found this case researching something else on Google Scholar…I left the links in in case you want to follow up or on…
Domarad v. Fisher & Burke, Inc., 270 Cal.App.2d 543 (1969)
[3-5] Consonant with the foregoing, we note the following established principles: that a deed of trust is a mere incident of the debt it secures and that an assignment of the debt “carries with it the security.” (Civ. Code, § 2936; Cockerell v. Title Ins. & Trust Co., 42 Cal.2d 284, 291 [267 P.2d 16]; Lewis v. Booth, 3 Cal.2d 345, 349 [44 P.2d 560]; Union Supply Co. v. Morris, 220 Cal. 331, 338-339 [30 P.2d 394]; Savings & Loan Soc. v. McKoon, 120 Cal 177, 179 [52 P. 305]; Hyde v. Mangan, 88 Cal. 319, 327 [26 P. 180]); that a deed of trust is inseparable from the debt and always abides with the debt, and it has no market or ascertainable value, apart from the obligation it secures (Buck v. Superior Court, 232 Cal. App.2d 153, 158 [42 Cal. Rptr. 527, 11 A.L.R.3d 1064]; Nagle v. Macy, 9 Cal. 426, 428; Hyde v. Mangan, supra; Polhemus v. Trainer, 30 Cal. 685, 688); and that a deed of trust has no assignable quality independent of the debt, it may not be 554*554 assigned or transferred apart from the debt, and an attempt to assign the deed of trust without a transfer of the debt is without effect. (Adler v. Sargent, 109 Cal. 42, 48 [41 P. 799]; Polhemus v. Trainer, supra; Hyde v. Mangan, supra; Johnson v. Razy, 181 Cal. 342, 344 [184 P. 657]; Kelley v. Upshaw, 39 Cal.2d 179, 191-192 [246 P.2d 23].)[5]
California non-judicial foreclosure cases and ruling recent to date
California Cases – 2004 to Present
Including Federal cases interpreting California law
LISTED WITH MOST RECENT CASES FIRST
Go to cases 2000 – 2003
Cadlerock Joint Venture v. Lobel Docket
Cal.App. 4th Dist., Div. 3 (G045936) 6/20/12TRUSTEE’S SALES / DEFICIENCY JUDGMENTS: When a single lender contemporaneously makes two non-purchase money loans secured by two deeds of trust referencing a single parcel of real property and soon thereafter assigns the junior loan to a different entity, the assignee of the junior loan, who is subsequently “sold out” by the senior lienholder’s nonjudicial foreclosure sale, may pursue the borrower for a money judgment in the amount of the debt owed. The court pointed out that there was no suggestion in the record that the loan originator and assignees were affiliated in any way or that two loans were created, when one would have sufficed, as an artifice to evade C.C.P. Section 580d. (Section 580d prohibits a lender from obtaining a deficiency judgment after non-judicially foreclosing its deed of trust.)
Nickell v. Matlock Docket
Cal.App. 2nd Dist. (B230321) 6/4/12QUIET TITLE: Normally, a defendant has no right to participate in the case after its default has been entered. But Code of Civil Procedure Section 764.010, pertaining to quiet title actions, provides that “[t]he court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants . . .” The court held that, while default may be entered, Section 764.010 requires that before issuing a default judgment the trial court must hold an evidentiary hearing in open court, and that defendants were entitled to participate in the hearing even though their answers to the complaint had been stricken as a result of sanctions, and their defaults had been entered.
Cal Sierra Construction v. Comerica Bank Docket
Cal.App. 3rd Dist. (C060707) 5/31/12MECHANICS LIENS: The court held that only owners, and not lenders, are entitled to bring a “Lambert” motion. This term refers to Lambert v. Superior Court (1991) 228 Cal.App.3d 383, which held that where a claimant has already filed suit to enforce a mechanics lien or stop notice, the owner may file a motion in the action to have the matter examined by the trial court. On such motion, the claimant bears the burden of establishing the “probable validity” of the claim underlying the lien or stop notice. If the claimant fails to meet that burden, the lien and stop notice may be released in whole or in part.
American Property Management Corporation v. Superior Court Docket
Cal.App., 4th Dist., Div. 1 (D060868) 5/24/12INDIANS – SOVEREIGN IMMUNITY: The court held that a California limited liability company (“the LLC”), which was wholly owned through a series of California limited liability companies by an Indian tribe, was not entitled to sovereign immunity. The LLC owned a hotel and the lawsuit involved a dispute with its property management company. The court stated that the dispositive fact was that the LLC was a California limited liability company. Nevertheless, it went through the weighing process prescribed by the US 10th Circuit Court of Appeals in Breakthrough Mgmt. Group, Inc. v. Chukchansi Gold Casino & Resort629 F.3d 1173, which concluded that a court needs to determine whether a tribe’s entities are an “arm of the tribe” by looking to a variety of factors when examining the relationship between the tribe and its entities, including but not limited to: (1) their method of creation; (2) their purpose; (3) their structure, ownership, and management, including the amount of control the tribe has over the entities; (4) whether the tribe intended for the entities to have tribal sovereign immunity; (5) the financial relationship between the tribe and the entities; and (6) whether the purposes of tribal sovereign immunity are served by granting immunity to the entities. The court concluded that the balance of these factors weighed heavily against sovereign immunity, and reiterated that the most significant fact was the LLC’s organization as a California limited liability company.The concurring opinion would not accord the same dispositive effect of formation under state law as a limited liability company that the majority did, but agreed that the factors set forth by the 10th Circuit weighed against sovereign immunity.
[Ed. note: The “weighing” process is impossible to do with any certainty at the time of contracting with an LLC (or other entity) in which an Indian tribe owns an interest. In spite of the favorable outcome of this state court appellate opinion, it seems that in order to be safe, you need to insist on a specific waiver of sovereign immunity from a tribe that has an interest in any entity you enter into a contract with.]
Shady Tree Farms v. Omni Financial Docket
Cal.App. 5th Dist. (F062924) 5/22/12MECHANICS LIENS: Plaintiff contracted directly with the owner of a development to deliver trees, and recorded a mechanics lien after not being paid. The court held that plaintiff’s mechanics lien was invalid because it failed to provide defendant construction lender with a preliminary 20-day notice under Civil Code Section 3097(b). Section 3097(a), requiring a 20-day notice to the owner, original contractor and construction lender, did not apply because plaintiff was under direct contract with the owner, and the subsection contains an exception for such persons. However, Section 3097(b) requires a 20-day notice to the construction lender by anyone under direct contract with the owner, except “the contractor”. The court interpreted that term to refer only to the general contractor, so the exception did not apply to plaintiff.
Deutsche Bank v. McGurk Docket
Cal.App. 2nd Dist. (B231591) 5/22/12QUIET TITLE: Defendant McGurk filed a previous quiet title action against a purchaser who had defrauded her, and recorded a lis pendens. She also named as a defendant the lender holding a deed of trust executed by the purchaser. McGurk dismissed the lender after the lender filed bankruptcy intending to pursue the lender in the bankruptcy action. The lender then assigned the note and deed of trust to plaintiff, after which McGurk took the default of the purchaser. Plaintiff brought this declaratory relief action seeking a determination of the validity of the deed of trust. The court held that 1) even though the assignment was recorded subsequent to the lis pendens, plaintiff stands in the shoes of the lender, whose deed of trust recorded prior to the lis pendens, 2) while plaintiff took the assignment subject to the risk that its assignor’s interest would be proven to have been invalid, that risk never came to fruition because the assignor was dismissed, 3) the case was remanded to the trial court to determine the validity of the deed of trust.
Herrera v. Federal National Mortgage Association Docket
Cal.App. 4th Dist., Div. 2 (E052943) 5/17/12TRUSTEE’S SALES: MERS, as nominee beneficiary, has the power to assign its interest under a deed of trust. Even assuming plaintiffs can allege specific facts showing that MERS’ assignment of the deed of trust was void, a plaintiff in a suit for wrongful foreclosure is required to demonstrate the alleged imperfection in the foreclosure process was prejudicial to the plaintiff’s interests. Not only did plaintiffs fail to show prejudice, but if MERS lacked the authority to assign the deed of trust, the true victim would not be the plaintiffs, who were admittedly in default, but the lender whose deed of trust was improperly assigned. Finally, Civil Code Section 2932.5, requiring recordation of an assignment of a mortgage, applies only to mortgages that give a power of sale to the creditor, not to deeds of trust which grant a power of sale to the trustee.
Estates of Collins and Flowers (Flowers v. Dancy) Docket
Cal.App. 3rd Dist. (C064815)FORGERY: The son of one of two property owners forged a deed after they both had died. The court held that the administrator of the estates of the property owners was precluded from attacking the admittedly forged deed due to the “unclean hands” doctrine. The administrator, prior to being appointed as such, wrongfully sought to control the house by filing a defective mechanics lien, filing a baseless quiet title action for his own benefit, and renting the property to tenants for his own benefit, without regard for the other heirs of the two deceased property owners. The court pointed out that a forged deed is a nullity, but a party’s conduct may estop him from asserting that the deed is forged, and that the unclean hands doctrine can prevent a party from attacking a forged deed.The court also addressed the fact that as the other heirs should not suffer as a result of the administrator’s wrongful conduct. However, the court found that there was no evidence that any heirs who had not aided, ratified, or acquiesced in the administrator’s actions actually exist in this case.
Sumner Hill Homeowners’ Association v. Rio Mesa Holdings Docket
Cal.App. 5th Dist. (F058617) 5/2/12EASEMENTS: In the published portion of the opinion, the court held that a subdivision map failed to provide public access to a river as required by Government Code Section 66478.4 ifthe river is navigable, but that the challenge to the map was barred by the 90-day statute of limitations in Government Code Section 66499.37. The court did not reach the question of whether or not the river is navigable. The court also held that implied and equitable easement rights are sufficient “title” to support a slander of title action, and that defendant slandered plaintiffs’ title by recording a Notice of Permission to Use Land Under Civil Code Section 813 that purported to restrict plaintiffs use of the easement.The court also addressed Streets and Highways Code Section 8353, which provides that the vacation of a street or highway extinguishes all private easements claimed by reason of the purchase of a lot by reference to a map on which the street or highway is shown, unless within two years after the vacation, the claimant records a notice describing the private easement. The court held that this section does not apply to private easements that are based on other or additional grounds besides the fact that the purchase was by reference to a map depicting a street.
Haynes v. EMC Mortgage Corporation Docket
Cal.App. 1st Dist. (A131023) 4/9/12TRUSTEE’S SALES: Civil Code Section 2932.5, which requires the assignee of a mortgagee to record the assignment before exercising a power to sell the real property, applies only to mortgages and not to deeds of trust. Section 2932.5 requires the assignment of a mortgage to be recorded so that a prospective purchaser knows that the mortgagee has the authority to exercise the power of sale. This is not necessary when a deed of trust is involved, since the trustee conducts the sale and transfers title. (Ed. note: The result was not affected by the fact that the assignee substituted a new trustee.)
Brown v. Wells Fargo Bank Docket
Cal.App. 2nd Dist (B233679) Case complete 6/20/12TRUSTEE’S SALES: Plaintiff filed suit and sought a preliminary injunction to prevent a trustee’s sale. The trial court granted the injunction on the condition that plaintiff deposit $1,700 a month into a client trust account. The trial court subsequently dissolved the injunction after plaintiff failed to make any payments. The appellate court affirmed, and further determined that the appeal was frivolous because no viable issue was raised on appeal. It directed the court clerk to send a copy of the opinion to the California State Bar for consideration of discipline of plaintiff’s attorney.
Connolly v. Trabue Docket Sup.Ct. Docket
Cal.App. 1st Dist. (A131984) 4/10/12 Petition for review and depublication request filed with Cal Supreme Ct. 5/21/12PRESCRIPTIVE EASEMENTS: Plaintiffs brought an action to establish a prescriptive easement to a portion of defendant’s property they had fenced in 1998. Plaintiff and defendant’s predecessor intended to do a lot line adjustment that would transfer the disputed area to plaintiffs, but it was not accomplished because of an error in a deed. The trial court ruled that, even if such an easement had been acquired by Plaintiffs, their claim was barred by the doctrine of laches because they had delayed in asserting their claim in a timely manner. The appellate court reversed, holding that the doctrine of laches is inapplicable in an action involving a claim for a prescriptive easement because 1) once a prescriptive easement is established for the statutory period, the owner of the easement is under no obligation to take further action, rather, it is the record owner who must bring an action within 5 years after the prescriptive period commences, 2) this was an action at law, not equity, and laches applies only to equitable actions and 3) there was no evidence that plaintiffs were aware of the error in deed until shortly before they filed this action. [Ed. note: Plaintiff’s occupation of the disputed area was apparently exclusive, but the court did not discuss cases holding that a prescriptive easement cannot be established where the use is exclusive. For example, see Harrison v. Welch.]
Bank of America v. Mitchell Docket
Cal.App. 2nd Dist. (B233924) 4/10/12 Case complete 6/11/12TRUSTEE’S SALES / DEFICIENCY JUDGMENTS: The court acknowledged existing case law holding that a “sold out” junior holder of a deed of trust can obtain a deficiency judgment when the junior lien is wiped out by a trustee’s sale under a senior deed of trust. But the court held that a deficiency judgment was not available in this case where the same lender held both deeds of trust and assigned the junior deed of trust to plaintiff after the trustee’s sale. The court also held that this applies regardless of whether the lender purchases at its own trustee’s sale or where, as here, a 3rd party purchases at the sale.
Montgomery Sansome LP v. Rezai Docket
Cal.App. 1st Dist. (A130272, A130694) 3/28/12 Case complete 5/29/12MECHANICS LIENS/CONTRACTOR LICENSING: Plaintiff’s certificate of limited partnership with the California Secretary of State was in the name of “Montgomery-Sansome, LP”. Its contractor’s license was in the name of Montgomery Sansome LTD. A fictitious business name statement named Montgomery Sansome LTD, L.P. and incorrectly stated that it was a general partnership. The contract entered into with defendant to perform certain repairs named plaintiff as Montgomery Sansome LTD, LP. The trial court granted a summary judgment in favor of defendant, holding that plaintiff could not recover because the entity that signed the contract was not licensed. The appellate court reversed, holding that there is a triable issue of fact regarding whether there is actually only a single entity. Plaintiff did not violate the licensing law if the entity that entered into the contract is actually the same as the entity that signed the contract. The court distinguished cases holding that the licensing law is violated where a corporation or partnership enters into a contract and the principal is licensed, but not the entity.
Debrunner v. Deutsche Bank Docket Sup.Ct. Docket
Cal.App. 6th Dist. (H036379) 3/16/12 Petition for review and depublication request DENIED by Cal Supreme Ct. 6/13/12TRUSTEE’S SALES: The court upheld the trial court’s grant of a demurrer in favor of the lender without leave to amend, holding:
1. Since each assignment of deed of trust provided for the assignment “together with the note or notes therein described”, it was not necessary to separately endorse the promissory note.
2. Physical possession of the note is not a precondition to nonjudicial foreclosure.
3. A notice of default does not need to be filed by the person holding the note. C.C. 2924(a)(1) permits a notice of default to be filed by the “trustee, mortgagee or beneficiary, or any of their authorized agents”.
4. A notice of default (NOD) is valid even though the substitution of the trustee identified in the NOD is not recorded until after the NOD records.
Walker v. Ticor Title Company of California Docket
Cal.App. 1st Dist. (A126710) 3/15/12 Case complete 5/16/12ESCROW: Plaintiffs filed suit against Ticor and 12 other defendants alleging defendants conspired to fraudulently induce them to refinance real estate loans. The court upheld the judgment in favor of Ticor, holding as follows:
1. Even though Ticor gave the loan documents to the loan broker in order to have plaintiffs sign them at home, this did not violate a provision of the lender’s closing instructions prohibiting the release of loan documents without lender’s prior approval because the lender was fully aware that this was Ticor’s and the loan broker’s practice so, therefore, it impliedly consented to it.
2. It was reasonable for the jury to conclude that Ticor did not violate a provision of the lender’s closing instructions requiring the closing agent to “coordinate the settlement” because the loan broker’s activity of obtaining signatures was only part of the larger coordination of the settlement handled and supervised by Ticor.
3. It was permissible for the loan broker to provide copies of the “Notice of Right to Cancel” because nothing in the language of the instructions precluded Ticor from delegating this task, nor could plaintiffs have been damaged by such a delegation.
4. One of the plaintiffs notified Ticor after the loan closed that his wife had not signed the loan documents. This was insufficient to establish that Ticor aided and abetted the loan broker’s fraud because it did not show that Ticor had actual knowledge of the fraud.
5. It was improper for the trial court to reduce the amount of attorney’s fees awarded to Ticor based on plaintiff’s financial condition.
Kavin v. Frye Docket
Cal.App. 2nd Dist. (B230076) 3/5/12 Case complete 5/7/12OPTION TO RENEW LEASE:
1. An option to renew a lease was not effective where it was exercised by only one of four tenants, and the other tenants did not authorize the first tenant to do so.
2. A lease provision stating that all lessees are jointly and severally liable for lease obligations is not an authorization for only one lessee to execute an option to extend the lease.
3. The option was executed late per the terms of the lease. Normally, a lessor can waive the time requirement for an option since the provision normally benefits only the lessor. Here, however, the lessor could not waive the provision on behave of two of the tenants who, since they signed the lease basically as guarantors, also stood to benefit by the expiration of the option period.
SCI California Funeral Services v. Five Bridges Foundation Docket
Cal.App. 1st Dist. (A126053) 2/14/12 Case complete 4/17/12DAMAGES-DIMINUTION IN VALUE: In this non-title insurance case, plaintiff purchased property, including an easement that was determined, in another action, to be invalid. The court held that the buyer’s damages for loss of the easement included, in addition to diminution in value caused by loss of the easement, damages attributable to the fact that the easement had additional unique value to a neighbor, which plaintiff could have used as a “bargaining chip” to obtain a higher price when negotiating a sale of the easement to the neighbor.[Ed. Note: This case may not be applicable to title insurance because standard ALTA policies contain a provision limiting liability for damages to “the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy”. CLTA policies contain a similar provision. The ALTA/CLTA Homeowners Policy of Title Insurance contains a provision limiting damages to “your actual loss”.]
California Redevelopment Association v. Matosantos Docket
53 Cal.4th 231 – Cal. Supreme Court (S194861) 12/29/11REDEVELOPMENT AGENCIES:
1. Assembly Bill 1X 26, which bars redevelopment agencies from engaging in new business and provides for their windup and dissolution, is constitutional.
2. Assembly Bill 1X 27, which offers redevelopment agencies the alternative to continue to operate if the cities and counties that created them agree to make payments into funds benefiting the state’s schools and special districts, is unconstitutional.
Stebley v. Litton Loan Servicing Docket Sup.Ct. Docket
202 Cal.App.4th 522 – 3rd Dist. (C066130) 11/30/11 (Pub. Order 12/29/11) Petition for review and depublication request by Cal Supreme Ct. DENIED 3/14/12TRUSTEE’S SALES: The court upheld the trial court’s sustaining of a demurrer without leave to amend in an action alleging that defendant violated Civil Code Section 2923.5, which requires that before a notice of default can be filed, a lender must attempt to contact the borrower and explore options to prevent foreclosure. The court held:
1. Section 2923.5 does not provide for damages or for setting aside a foreclosure sale. The only remedy available is to provide the borrower more time before a foreclosure sale occurs. After the sale, the statute provides no relief.
2. The statute does not require a lender to modify the loan.
3. While a tender of the loan amount is not necessary to delay a foreclosure sale, it is necessary in order to set aside a sale after it occurs.
4. Plaintiff’s cause of action for dependant adult abuse fails because plaintiff failed to allege that the property was taken wrongfully where an ordinary foreclosure sale occurred.
Portico Management Group v. Harrison Docket Sup.Ct. Docket
202 Cal.App.4th 464 – 3rd Dist. (C062060) 12/28/11 Petition for review by Cal Supreme Ct. DENIED 4/11/12TRUSTS: In the published portion of the opinion, the court held that an arbitration award and judgment against a trust, and not against the trustees in their capacity as trustees, were not valid because a trust is not an entity or person capable of owning title to property. A trust is, rather, a fiduciary relationship with respect to property. The court pointed out that if the judgment had been against the trustees in their representative capacities, it would have also bound successor trustees. Although the lawsuit properly named the trustees, for some reason plaintiff did not seek to correct or modify the arbitration award or judgment to indicate that it was properly against the trustees.
Gray1 CPB v. Kolokotronis Docket
202 Cal.App.4th 480 – 3rd Dist (C064954) 12/2/11 (Pub. Order 12/28/11) Case complete 2/28/12GUARANTY: The court rejected defendant’s contention that the guaranty he signed was actually a demand note, which would have meant that he could compel the lender to foreclose on the security first and that the waiver of his rights under various antideficiency statutes would be invalid. The court held that the following language in the guaranty did not turn the guaranty into a promissory note: “whether due or not due,” “on demand,” and “not contingent upon and are independent of the obligations of Borrower.”
Lona v. Citibank Docket
202 Cal.App.4th 89 – 6th Dist (H036140) 12/21/11 Case complete 2/22/12TRUSTEE’S SALES: The court reversed a summary judgment in favor of defendants in an action seeking to set aside a trustee’s sale on the basis that the loan was unconscionable. The court held that summary judgment was improper for two reasons:
1. The homeowner presented sufficient evidence of triable issues of material fact regarding unconscionability. Plaintiff asserted that the loan broker ignored his inability to repay the loan (monthly loan payments were four times his monthly income) and, as a person with limited English fluency, little education, and modest income, he did not understand many of the details of the transaction which was conducted entirely in English.
2. Plaintiff did not tender payment of the debt, which is normally a condition precedent to an action by the borrower to set aside the trustee’s sale, but defendants’ motion for summary judgment did not address the exceptions to this rule that defendant relied upon.The case contains a good discussion of four exceptions to the tender requirement: 1. If the borrower’s action attacks the validity of the underlying debt, a tender is not required since it would constitute an affirmation of the debt. 2. A tender will not be required when the person who seeks to set aside the trustee’s sale has a counter-claim or set-off against the beneficiary. 3. A tender may not be required where it would be inequitable to impose such a condition on the party challenging the sale. 4. No tender will be required when the trustor is not required to rely on equity to attack the deed because the trustee’s deed is void on its face.
Pioneer Construction v. Global Investment Corp. Modification Order Docket Sup.Ct. Docket
202 Cal.App.4th 161 – 2nd Dist. (B225685) 12/21/11 Request for depublication DENIED 3/28/12MECHANICS LIENS: The court held that:
1. A mechanics lien claimant who provided labor and materials prepetition to a debtor in bankruptcy can record a mechanics lien after the property owner files for bankruptcy without violating the automatic stay. (11 U.S.C. §362(b)(3).)
2. A mechanics lienor must, and defendant did, file a notice of lien in the debtor’s bankruptcy proceedings to inform the debtor and creditors of its intention to enforce the lien. (11 U.S.C. §546(b)(2)
3. The 90-day period to file an action after recording a mechanics lien is tolled during the pendency of the property owner’s bankruptcy. Accordingly, an action to enforce the lien was timely when filed 79 days after a trustee’s sale by a lender who obtained relief from the automatic stay. (The property ceased to be property of the estate upon completion of the trustee’s sale.)
Harbour Vista v. HSBC Mortgage Services Docket
201 Cal.App.4th 1496 – 4th Dist., Div. 3 (G044357) 12/19/11 Case complete 2/21/12QUIET TITLE: Normally, a defendant has no right to participate in the case after its default has been entered. But Code of Civil Procedure Section 764.010, pertaining to quiet title actions, provides that “[t]he court shall not enter judgment by default but shall in all cases require evidence of plaintiff’s title and hear such evidence as may be offered respecting the claims of any of the defendants . . .” The court held that, while default may be entered, Section 764.010 requires that before issuing a default judgment the trial court must hold an evidentiary hearing in open court, and that a defendant is entitled to participate in the hearing even when it has not yet answered the complaint and is in default.
Park v. First American Title Insurance Company Docket
201 Cal.App.4th 1418 – 4th Dist., Div. 3 (G044118) 11/23/11 (Pub. Order 12/16/11) Case complete 2/15/12TRUSTEE’S SALES: A trustee’s sale was delayed due to defendant’s error in preparing the deed of trust. However, the court held that plaintiff could not establish damages because she could not prove that a potential buyer was ready, willing and able to purchase the property when the trustee’s sale was originally scheduled. Such proof would require showing that a prospective buyer made an offer, entered into a contract of sale, obtained a cashier’s check, or took any equivalent step that would have demonstrated she was ready, willing, and able to purchase plaintiff’s property. Also, plaintiff would need to show that the prospective buyer was financially able to purchase the property, such as by showing that the prospective buyer had obtained financing for the sale, preapproval for a loan or had sufficient funds to purchase the property with cash.
Bardasian v. Superior Court Docket
201 Cal.App.4th 1371 – 3rd Dist. (C068488) 12/15/11TRUSTEE’S SALES: Civil Code Section 2923.5 requires that before a notice of default can be filed, a lender must attempt to contact the borrower and explore options to prevent foreclosure. Where the trial court ruled on the merits that a lender failed to comply with Section 2923.5, it was proper to enjoin the sale pending compliance with that section, but it was not proper to require plaintiff to post a bond and make rent payments. Also, discussions in connection with a loan modification three years previously did not constitute compliance with the code section.
Lang v. Roche Docket
201 Cal.App.4th 254 – 2nd Dist. (B222885) 11/29/11 Case complete 2/3/12SHERIFF’S SALES: Plaintiff sought to set aside a Sheriff’s sale arising from the execution on a judgment rendered in another action. Defendant had obtained that judgment by default after service by publication even though plaintiff was defendant’s next door neighbor and could easily be found. The court set the sale aside, holding that even though C.C.P. 701.780 provides that an execution sale is absolute and cannot be set aside, that statute does not eliminate plaintiff’s right of equitable redemption where the judgment is void due to lack of personal jurisdiction.
Promenade at Playa Vista HOA v. Western Pacific Housing Docket Sup.Ct. Docket
200 Cal.App.4th 849 – 2nd Dist. (B225086) 11/8/11 Petition for review by Cal Supreme Ct. GRANTED 1/25/12CC&R’S: In a construction defect action brought by a condominium homeowners association, the court held that a developer cannot compel binding arbitration of the litigation pursuant to an arbitration provision in the Declaration of Covenants, Conditions, and Restrictions. CC&R’s are not a contract between the developer and the homeowners association. Instead, the provisions in the CC&R’s are equitable servitudes and can be enforced only by the homeowners association or the owner of a condominium, not by a developer who has sold all the units.
Alpha and Omega Development v. Whillock Contracting Docket Sup.Ct. Docket
200 Cal.App.4th 656 – 4th Dist., Div. 1 (D058445) 11/2/11 Petition for review by Cal Supreme Ct. DENIED 2/15/12LIS PENDENS: This is a slander of title and malicious prosecution action brought after defendant’s unsuccessful action to foreclose a mechanics lien. Plaintiff’s slander of title allegation is based on defendant’s recordation of a lis pendens in the prior mechanics lien action. The appellate court upheld the trial court’s granting of defendant’s anti-SLAPP motion and striking the slander of title cause of action, because recording a lis pendens is privileged under Civil Code Section 47(b)(4).
Biancalana v. T.D. Service Company Docket Sup.Ct. Docket
200 Cal.App.4th 527 – 6th Dist. (H035400) 10/31/11 Petition for review by Cal Supreme Ct. GRANTED 2/15/12TRUSTEE’S SALES: Inadequacy of the sale price is not a sufficient ground for setting aside a trustee’s sale of real property in the absence of any procedural errors. The unpaid balance of the loan secured by the subject deed of trust was $219,105. The trustee erroneously told the auctioneer to credit bid the delinquency amount ($21,894.17). Plaintiff was the successful bidder with a bid of $21,896. The court refused to set aside the sale because there were no procedural errors and the mistake was within the discretion and control of the trustee, who was acting as agent for the lender. The court distinguished Millennium Rock Mortgage, Inc. v. T.D. Service Co. because here the mistake was made by defendant in the course and scope of its duty as the beneficiary’s agent, not by the auctioneer as in Millennium Rock.The case also contains a discussion of the rule that once the trustee’s deed has been delivered, a rebuttable presumption arises that the foreclosure sale has been conducted regularly and properly. But where the deed has not been transferred, the sale may be challenged on the grounds of procedural irregularity.
First Bank v. East West Bank Docket
199 Cal.App.4th 1309 – 2nd Dist. (B226061) 10/17/11 Case complete 12/19/11RECORDING: Where two deeds of trust secured by the same real property were simultaneously time-stamped for recording by the County Recorder’s Office but were indexed at different times, the lenders have equal priority. The recording laws protect subsequent purchasers and neither bank was a subsequent purchaser. The court acknowledged that a subsequent purchaser (or lender) who records his interest before the prior interest is indexed has priority, but this rule does not apply when both deeds of trust were recorded simultaneously.
Dollinger DeAnza Assoc. v. Chicago Title Insurance Company Docket Sup.Ct. Docket
199 Cal.App.4th 1132 – 6th Dist. (H035576) 9/9/11 (Pub. Order 10/6/11) Request for depublication DENIED 1/4/12TITLE INSURANCE: Plaintiff’s title insurance policy, which was issued in 2004, insured property that originally consisted of seven parcels, but which had been merged into a single parcel pursuant to a Notice of Merger recorded by the City of Cupertino in 1984. The policy did not except the Notice of Merger from coverage. Plaintiff filed this action after Chicago Title denied its claim for damages alleged to result from the inability to sell one of the parcels separately. The court ruled in favor of Chicago, holding:
1. While the notice of merger may impact Plaintiff’s ability to market the separate parcel, it has no affect on Plaintiff’s title to that parcel, so it does not constitute a defect in title. It does not represent a third person’s claim to an interest in the property.
2. Chicago is not barred by principals of waiver or estoppel from denying plaintiff’s claim, after initially accepting the claim, because 1) waiver only applies to insurers that do not reserve rights when accepting a tender of defense and 2) plaintiff failed to show detrimental reliance, which is one of the elements of estoppel.
3. Plaintiff’s claim for breach of the implied covenant of good faith and fair dealing cannot be maintained where benefits are not due under plaintiff’s insurance policy.
4. Since the court held that the Notice of Merger was not a defect in title, it did not need to consider Chicago’s contention that the Notice of Merger was void because the County Recorder indexed it under the name of the City, rather than the name of the property owner.
[Ed. note: This case must have dealt with an ALTA 1992 policy. The ALTA 2006 policy made changes to the Covered Risks.]
Sukut Construction v. Rimrock CA Docket Sup.Ct. Docket
199 Cal.App.4th 817 – 4th Dist., Div. 1 (D057774) 9/30/11 Petition for review by Cal Supreme Ct. DENIED 12/14/11MECHANICS LIENS: Plaintiff could not establish a mining lien under Civil Code Section 3060 for removing rocks from a quarry because a quarry is not a mine and the rocks were not minerals. The court did not address whether plaintiff could establish a regular mechanics lien because it held that plaintiff was judicially estopped from asserting that position after leading defendant to believe that it was asserting only a mining claim.
UNPUBLISHED: First American Title Insurance Company v. Ordin Docket
Cal.App. 2nd Dist. (B226671) 9/14/11 Case complete 11/17/11TITLE INSURANCE: An arbitrator found that defendants did not lose coverage under their title policy when they conveyed title to their wholly owned corporation, then to themselves as trustees of their family trust and finally to a wholly owned limited liability company. This conflicts with the holding in Kwok v. Transnation Title Insurance Company and this could have been an interesting case, except that whether the ruling was right or wrong was not before the court. The court held only that the arbitrator’s award could not be overturned, even if the the law was applied incorrectly, because there was no misconduct by the arbitrator.
Calvo v. HSBC Bank Docket Sup.Ct. Docket
199 Cal.App.4th 118 – 2nd Dist. (B226494) 9/13/11 Petition for review by Cal Supreme Ct. DENIED 1/4/12TRUSTEE’S SALES: Notice of the assignment of a deed of trust appeared only in the substitution of trustee, which was recorded on the same date as the notice of trustee’s sale, and which stated that MERS, as nominee for the assignee lender, was the present beneficiary. Plaintiff sought to set aside the trustee’s sale for an alleged violation of Civil Code section 2932.5, which requires the assignee of a mortgagee to record an assignment before exercising a power to sell real property. The court held that the lender did not violate section 2932.5 because that statute does not apply when the power of sale is conferred in a deed of trust rather than a mortgage.
Robinson v. Countrywide Home Loans Docket
199 Cal.App.4th 42 – 4th Dist., Div. 2 (E052011) 9/12/11 Case complete 11/15/11TRUSTEE’S SALES: The trial court properly sustained defendant lender’s demurrer without leave to amend because 1) the statutory scheme does not provide for a preemptive suit challenging MERS authority to initiate a foreclosure and 2) even if such a statutory claim were cognizable, the complaint did not allege facts sufficient to challenge the trustee’s authority to initiate a foreclosure.
Hacienda Ranch Homes v. Superior Court (Elissagaray) Docket
198 Cal.App.4th 1122 – 3rd Dist. (C065978) 8/30/11 Case complete 11/1/11ADVERSE POSSESSION: Plaintiffs (real parties in interest) acquired a 24.5% interest in the subject property at a tax sale. The court rejected plaintiffs’ claim of adverse possession under both 1) “color of title” because the tax deed by which they acquired their interest clearly conveyed only a 24.5% interest instead of a 100% interest, and 2) “claim of right” because plaintiffs’ claims of posting for-sale signs and clearing weeds 2 or 3 times a year did not satisfy the requirement of protecting the property with a substantial enclosure or cultivating or improving the property, as required by Code of Civil Procedure Section 325. The court also pointed out that obtaining adverse possession against cotenants requires evidence much stronger than that which would be required against a stranger, and plaintiffs failed to establish such evidence in this case.
Gramercy Investment Trust v. Lakemont Homes Nevada, Inc. Docket
198 Cal.App.4th 903 – 4th Dist., Div. 2 (E051384) 8/24/11 Case complete 10/27/11ANTIDEFICIENCY: After a judicial foreclosure, the lender obtained a deficiency judgment against a guarantor. The court held that the choice of law provision designating the law of New York was unenforceable because there were insufficient contacts with New York. California is where the contract was executed, the debt was created and guaranteed, the default occurred and the real property is located. Also, Nevada law does not apply, even though the guarantor was a Nevada corporation, because Nevada had no connection with the transaction. The court also held that the guarantor was not entitled to the protection of California’s antideficiency statutes because the guaranty specifically waived rights under those statutes in accordance with Civil Code Section 2856.
Hill v. San Jose Family Housing Partners Docket
198 Cal.App.4th 764 – 6th Dist. (H034931) 8/23/11 Case complete 10/25/11EASEMENTS: Plaintiff, who had entered into an easement agreement with defendant’s predecessor to maintain a billboard on a portion of defendant’s property, filed an action to prevent defendant from constructing a multi-unit building that would allegedly block the view of the billboard. Defendant asserted that the easement was unenforceable because it violated city and county building codes. The court held:
1. The easement was enforceable because the property’s use for advertising purposes is not illegal in and of itself. Although the instrumentality of that use, i.e., the billboard, may be illegal, that is not a bar to the enforcement of the agreement.
2. The easement agreement did not specifically state that it included the right to view the billboard from the street, but the parties necessarily intended the easement to include that right since viewing the billboard by passing traffic is the purpose of the easement.
3. Nevertheless, the trial court improperly denied a motion for a retrial to re-determine damages based on new evidence that the city had instituted administrative proceedings to have the billboard removed. The award of damages was based on plaintiff’s expected revenue from the billboard until 2037, and such damages will be overstated if the city forces plaintiff to remove the billboard.
Fontenot v. Wells Fargo Bank Docket Sup.Ct. Docket
198 Cal.App.4th 256 – 1st Dist. (A130478) 8/11/11 Depublication request DENIED 11/30/11FORECLOSURE / MERS: Plaintiff alleged a foreclosure was unlawful because MERS made an invalid assignment of an interest in the promissory note and because the lender had breached an agreement to forbear from foreclosure. The appellate court held that the trial court properly sustained a demurrer to the fourth amended complaint without leave to amend. The court held that MERS had a right to assign the note even though it was not the beneficiary of the deed of trust because in assigning the note it was acting on behalf of the beneficiary and not on its own behalf. Additionally, Plaintiff failed to allege that the note was not otherwise assigned by an unrecorded document. The court also held that plaintiff failed to properly allege that the lender breached a forbearance agreement because plaintiff did not attach to the complaint a copy of a letter (which the court held was part of the forbearance agreement) that purportedly modified the agreement. Normally, a copy of an agreement does not have to be attached to a complaint, but here the trial court granted a previous demurrer with leave to amend specifically on condition plaintiff attach a copy of the entire forbearance agreement to the amended pleading.
Boschma v. Home Loan Center Docket
198 Cal.App.4th 230 – 4th Dist., Div. 3 (G043716) 8/10/11 Case complete 10/11/11LOAN DISCLOSURE: Borrowers stated a cause of action that survived a demurrer where they alleged fraud and a violation of California’s Unfair Competition Law (B&PC 17200, et seq.) based on disclosures indicating that borrowers’ Option ARM loan may result in negative amortization when, in fact, making the scheduled payments would definitely result in negative amortization. However, the court also pointed out that at trial in order to prove damages plaintiffs will have to present evidence that, because of the structure of the loans, they suffered actual damages beyond their loss of equity. For every dollar by which the loan balances increased, plaintiffs kept a dollar to save or spend as they pleased, so they will not be able to prove damages if their “only injury is the psychological revelation . . . that they were not receiving a free lunch from defendant”.
Thorstrom v. Thorstrom Docket
196 Cal.App.4th 1406 – 1st Dist. (A127888) 6/29/11 Case complete 8/30/11EASEMENTS: Plaintiffs were not able to preclude defendants’ use of a well on plaintiffs’ property. The historic use of the well by the common owner (the mother of the current owners) indicated an intent for the well to serve both properties, and an implied easement was created in favor of defendants when the mother died and left one parcel to each of her two sons. However, the evidence did not establish that defendants were entitled to exclusive use of the well, so both properties are entitled to reasonable use of the well consistent with the volume of water available at any given time.
Herrera v. Deutsche Bank Docket
196 Cal.App.4th 1366 – 3rd Dist. (C065630) 5/31/11 (Cert. for pub. 6/28/11) Case complete 8/30/11TRUSTEE’S SALES: Plaintiffs sought to set aside a trustee’s sale, claiming that the Bank had not established that it was the assignee of the note, and that the trustee (“CRC”) had not established that it was properly substituted as trustee. To establish that the Bank was the beneficiary and CRC was the trustee, defendants requested that the trial court take judicial notice of the recorded Assignment of Deed of Trust and Substitution of Trustee, and filed a declaration by an employee of CRC referring to the recordation of the assignment and substitution, and stating that they “indicated” that the Bank was the assignee and CRC was the trustee. The trial court granted defendants’ motion for summary judgment and the appellate court reversed. The Court acknowledged that California law does not require the original promissory note in order to foreclose. But while a court may take judicial notice of a recorded document, that does not mean it may take judicial notice of factual matters stated therein, so the recorded documents do not prove the truth of their contents. Accordingly, the Bank did not present direct evidence that it held the note.Ed. notes: 1. It seems that the Bank could have avoided this result if it had its own employee make a declaration directly stating that the Bank is the holder of the note and deed of trust, 2. In the unpublished portion of the opinion, the Court held that if the Bank is successful in asserting its claim to the Property, there is no recognizable legal theory that would require the Bank to pay plaintiffs monies they expended on the property for back taxes, insurance and deferred maintenance.
Tashakori v. Lakis Docket Sup.Ct. Docket
196 Cal.App.4th 1003 – 2nd Dist. (B220875) 6/21/11 Petition for review by Cal Supreme Ct. DENIED 9/21/11EASEMENTS: The court granted plaintiffs an “equitable easement” for driveway purposes. Apparently, plaintiffs did not have grounds to establish a prescriptive easement. But a court can award an equitable easement where the court applies the “relative hardship” test and determines, as the court did here, that 1) the use is innocent, which means it was not willful or negligent, 2) the user will suffer irreparable harm if relief is not granted and 3) there is little harm to the underlying property owner.
Conservatorship of Buchenau (Tornel v. Office of the Public Guardian) Docket
196 Cal.App.4th 1031 – 2nd Dist. (B222941) 5/31/11 (Pub. order 6/21/11) Case complete 8/24/11CONTRACTS: A purchaser of real property was held liable for damages for refusing to complete the purchase contract, even though the seller deposited the deed into escrow 19 days after the date set for close of escrow. The escrow instructions did not include a “time is of the essence” clause, so a reasonable time is allowed for performance. The purchaser presented no evidence that seller’s delay of 19 days was unreasonable following a two-month escrow.
Diamond Heights Village Assn. v. Financial Freedom Senior Funding Corp. Docket Sup.Ct. Docket
196 Cal.App.4th 290 – 1st Dist. (A126145) 6/7/11 Petition for review by Cal Supreme Ct. DENIED 9/21/11HOMEOWNERS ASSOCIATION LIENS:
1. A homeowner’s association recorded a notice of assessment lien, judicially foreclosed and obtained a judgment against the homeowners. However, it did not record an abstract of judgment, which would have created a judgment lien, nor did it record a writ of execution, which would have created an execution lien. The court held that a subsequently recorded deed of trust had priority because when an assessment lien is enforced through judicial action, the debt secured by the lien is merged into the judgment. The association’s previous rights were merged into the judgment, substituting in their place only such rights as attach to the judgment.
2. After defendant lender prevailed on summary judgment as to the single cause of action naming the lender, trial proceeded as to the owners of the property, including a cause of action for fraudulent conveyance of a 1/2 interest in the property pertaining to a transfer from the original owner to himself and his mother. The trial court ruled in favor of the Association on the fraudulent conveyance cause of action AND held that defendant lender’s deed of trust was set aside as to that 1/2 interest. The appellate court held that trial of those remaining claims was proper, including trial of the Association’s cause of action against the homeowners for fraudulent conveyance of their condominium unit. It was not proper, however, to void the lender’s security interest in the property (in whole or part) when the lender had not been joined as a party to the fraudulent conveyance cause of action, and final judgment had already been entered in its favor.
Hamilton v. Greenwich Investors XXVI Modification Docket
195 Cal.App.4th 1602 – 2nd Dist. (B224896) 6/1/11 Case complete 8/17/11TRUSTEE’S SALES:
1. Plaintiff/borrower’s failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the lender bars the borrower from litigating those claims now. The court distinguished several cases that permitted a debtor in bankruptcy from subsequently pursuing a cause of action that was not disclosed in the bankruptcy pleadings on the basis that in those cases the defendant was not a creditor in the bankruptcy and because the schedules specifically asked the debtor to disclose any offsets against the debts that were listed. This action against the lender amounts to an offset against the loan, so by listing the loan and failing to list this claim, the borrower’s bankruptcy schedules were inaccurate.
2. The borrower’s causes of action for breach of contract and fraud fail in any event because the borrower did not allege the essential fact of payment of sums due from the borrower (i.e. performance by the borrower) or set forth an excuse for performance.
3. The borrower cannot state a cause of action for violations of Civil Code Section 2923.5, which requires lenders to contact borrowers to explore options to avoid foreclosure, because the only remedy for such violations is postponement of the foreclosure sale, and borrower’s house has been sold.
***DECERTIFIED***
Ferguson v. Avelo Mortgage Modification Docket Sup.Ct. Docket
Cal.App. 2nd Dist. (B223447) 6/1/11 Petition for review by Cal Supreme Ct. DENIED & DECERTIFIED 9/14/11FORECLOSURE / MERS:
1. A Notice of Default was defective because it was signed by a trustee before recordation of the substitution of trustee substituting it in place of the original trustee. But the Notice of Sale was properly given because it recorded at the same time as the substitution and included the statutorily required affidavit attesting to the mailing of a copy of the substitution to all persons to whom an NOD must be mailed. Since the NOS was valid, the court held that the sale was merely voidable and not void. Therefore, unlike a void sale (such as where a substitution of trustee is not recorded until after the trustee’s sale is completed), where the sale is merely voidable the plaintiff must tender full payment of the debt in order to bring an action setting aside the sale. The plaintiff did not make such a tender, so the trial court properly refused to set aside the sale.
2. Mortgage Electronic Registration Systems (MERS), as nominee of the original lender had the authority to assign the note and deed of trust to defendant, even if MERS does not possess the original note.
Creative Ventures, LLC v. Jim Ward & Associates Docket Sup.Ct. Docket
195 Cal.App.4th 1430 – 6th Dist. (H034883) 5/31/11 Petition for review by Cal Supreme Ct. DENIED 8/10/11USURY:
1. The real estate broker arranged loan exception to the Usury Law does not apply were a corporation was not licensed as a broker, even though the officer who negotiated the loan was licensed, where the officer was acting on behalf of the corporation and not on his own behalf.
2. The payee of the note assigned the note to multiple investors. In order to take free of the borrower’s defenses against the original payee, the assignees would have had to be holders in due course. They were not holders in due course because a) the original payee did not endorse the note and transfer possession of the note to the assignees, both of which are requirements for holder in due course status, and b) each investor was assigned a partial interest and partial assignees cannot be holders in due course.
3. The individual investors did not receive usurious interest because the interest rate itself was not usurious. But since the overall interest was usurious when the payee’s brokerage fee was included, the investors must refund the illegal interest each received.
4. The fact that the investors did not intend to violate the Usury Law is irrelevant because the only intent required is the intent to receive payment of interest.
5. An award of treble damages is within the discretion of the trial court, and the trial court properly exercised its discretion not to award treble damages because the conduct of defendants was not intentional.
Ribeiro v. County of El Dorado Docket Sup.Ct. Docket
195 Cal.App.4th 354 – 3rd Dist. (C065505) 5/10/111 Petition for review by Cal Supreme Ct. DENIED 8/24/11TAX SALES: “Caveat emptor” applies to tax sales. Accordingly, plaintiff/tax sale purchaser could not rescind the tax sale and obtain his deposit back where he was unaware of the amount of 1915 Act bond arrearages and where the County did not mislead him.
The Main Street Plaza v. Cartwright & Main, LLC Docket
194 Cal.App.4th 1044 – 4th Dist., Div. 3 (G043569) 4/27/11 Case complete 6/27/11EASEMENTS: Plaintiff sought to establish a prescriptive easement for parking and access. The trial court granted a motion for summary judgment against plaintiff because it had not paid taxes on the easement. The appellate court reversed because, while payment of property taxes is an element of a cause of action for adverse possession, payment of taxes is not necessary for an easement by prescription, unless the easement has been separately assessed. A railway easement over the same area was separately assessed, but that is irrelevant because the railway easement and the prescriptive easement were not coextensive in use.
Liberty National Enterprises v. Chicago Title Insurance Company Docket
194 Cal.App.4th 839 – 2nd Dist. (B222455) 4/6/11 (pub. order 4/26/11) Case complete 6/28/11NOTE: This case is not summarized because it deals with disqualification of a party’s attorney, and not with issues related to title insurance. It is included here only to point out that fact.
Barry v. OC Residential Properties Docket Sup.Ct. Docket
194 Cal.App.4th 861 – 4th Dist., Div. 3 (G043073) 4/26/11 Petition for review by Cal Supreme Ct. DENIED 7/13/11TRUSTEE’S SALES: Under C.C.P. 729.035 a trustee’s sale to enforce a homeowners association lien is subject to a right of redemption for 90 days after the sale, and under C.C.P. 729.060 the redemption price includes reasonable amounts paid for maintenance, upkeep and repair. Defendant purchased plaintiff’s interest in a common interest development at a foreclosure sale of a homeowners association lien. Plaintiff sought to redeem the property and defendant included certain repair costs in the redemption amount. Plaintiff asserted that the costs were not for reasonable maintenance, upkeep and repair. The court held that the costs were properly included because the person seeking to redeem has the burden of proof, and plaintiff failed to carry that burden in this case. Plaintiff also asserted that she should not have to pay the repair costs because the work was performed by an unlicensed contractor. The court held that the cost of the repair work was properly included because plaintiff would receive a windfall if she did not have to reimburse those costs and because this is not an action in which a contractor is seeking compensation.
McMackin v. Ehrheart Docket
194 Cal.App.4th 128 – 2nd Dist. (B224723) 4/8/11 Case complete 6/9/11CONTRACTS / PROBATE: This case involves a “Marvin” agreement, which is an express or implied contract between nonmarital partners. Plaintiff sought to enforce an alleged oral agreement with a decedent to leave plaintiff a life estate in real property. The court held that since the agreement was for distribution from an estate, it is governed by C.C.P. Section 366.3, which requires the action to be commenced within one year after the date of death. But the court further concluded that, depending on the circumstances of each case, the doctrine of equitable estoppel may be applied to preclude a party from asserting the statute of limitations set forth in section 366.3 as a defense to an untimely action where the party’s wrongdoing has induced another to forbear filing suit.
Ferwerda v. Bordon Docket
193 Cal. App. 4th 1178 – 3rd Dist. (C062389) 3/25/11 Petition for review by Cal Supreme Ct. DENIED 6/8/11CC&R’s
In the published portion of the opinion, the court held:
1. The following language in the CC&R’s gave the Homeowners Association the authority to adopt new design standards pertaining to development of lots in the subdivision: “in the event of a conflict between the standards required by [the Planning] Committee and those contained herein, the standards of said Committee shall govern”; and
2. The Planning Committee could not adopt a rule that allowed for attorney’s fees to be awarded to the prevailing party in a lawsuit because such a provision was not contained in the CC&R’s. Adopting the rule was an attempt by the committee to insert a new provision that binds homeowners without their approval.In the unpublished portion of the opinion, the court held that the Planning Committee acted properly in denying the plaintiff’s building plans. (The details are not summarized here because that part of the opinion is not certified for publication.)
Capon v. Monopoly Game LLC Docket
193 Cal. App. 4th 344 – 1st Dist. (A124964) 3/4/11 Case complete 5/5/11HOME EQUITY SALES CONTRACT ACT: In the published portion of the opinion, the court held that plaintiff was entitled to damages under the Home Equity Sales Contract Act because the purchaser was subject to the Act and the purchase contract did not comply with it. There is an exception in the Act for a purchaser who intends to live in the property. The principal member of the LLC purchase asserted that he intended to live in the property, but the court held the exception does not apply because the purchaser was the LLC rather than the member, so his intent was irrelevant.
Gomes v. Countrywide Home Loans Docket Cal. Sup.Ct. Docket U.S. Supreme Ct. Docket
192 Cal. App. 4th 1149 – 4th Dist., Div. 1 (D057005) 2/18/11 Petition for review by Cal Supreme Ct. DENIED 5/18/11, Petition for a writ of certiorari DENIED 10/11/11FORECLOSURE / MERS: A borrower brought an action to restrain a foreclosure of a deed of trust held by MERS as nominee for the original lender. A Notice of Default had been recorded by the trustee, which identified itself as an agent for MERS. The court held that 1) There is no legal basis to bring an action in order to determine whether the person electing to sell the property is duly authorized to do so by the lender, unless the plaintiff can specify a specific factual basis for alleging that the foreclosure was not initiated by the correct party; and 2) MERS has a right to foreclose because the deed of trust specifically provided that MERS as nominee has the right to foreclose.
Schuman v. Ignatin Docket
191 Cal. App. 4th 255 – 2nd Dist. (B215059) 12/23/10 Case complete 2/23/11CC&R’s: The applicable CC&R’s would have expired, but an amendment was recorded extending them. Plaintiff filed this action alleging that defendant’s proposed house violated the CC&R’s. The trial court held that the amendment was invalid because it was not signed by all of the lot owners in the subdivision. Since the CC&R’s had expired, it did not determine whether the proposed construction would have violated them. The appellate court reversed and remanded, holding that the defect in the amendment rendered it voidable, not void, and it could no longer be challenged because the four-year statute of limitations contained in C.C.P. 343 had run.
Schelb v. Stein Docket
190 Cal. App. 4th 1440 – 2nd Dist. (B213929) 12/17/10 Case complete 2/16/11MARKETABLE RECORD TITLE ACT: In a previous divorce action, in order to equalize a division of community property, the husband was ordered to give the wife a note secured by a deed of trust on property awarded to the husband. In this case (many years later), the court held that under the Marketable Record Title Act, the deed of trust had expired. (Civil Code Section 882.020.) However, under Family Code Section 291, the underlying family law judgment does not expire until paid, so it is enforceable as an unsecured judgment.
Vuki v. Superior Court Docket
189 Cal. App. 4th 791 – 4th Dist., Div. 3 (G043544) 10/29/10 Case complete 1/3/11TRUSTEE’S SALES: Unlike section 2923.5 as construed by this court in Mabry v. Superior Court (2010) 185 Cal.App.4th 208, neither Section 2923.52 or Section 2923.53 provides any private right of action, even a very limited one as this court found in Mabry. Civil Code section 2923.52 imposes a 90-day delay in the normal foreclosure process. But Civil Code section 2923.53 allows for an exemption to that delay if lenders have loan modification programs that meet certain criteria. The only enforcement mechanism is that a violation is deemed to be a violation of lenders license laws. Section 2923.54 provides that a violation of Sections 2923.52 or 2923.53 does not invalidate a trustee’s sale, and plaintiff also argued that a lender is not entitled to a bona fide purchaser protection. The court rejected that argument because any noncompliance is entirely a regulatory matter, and cannot be remedied in a private action.
Abers v. Rounsavell Mod Opinion Docket
189 Cal. App. 4th 348 – 4th Dist., Div. 3 (G040486) 10/18/10 Case complete 12/20/10LEASES: Leases of residential condominium units required a re-calculation of rent after 30 years based on a percentage of the appraised value of the “leased land”. The term “leased land” was defined to consist of the condominium unit and an undivided interest in the common area of Parcel 1, and did not include the recreational area (Parcel 2), which was leased to the Homeowners Association. The Court held that the language of the leases was clear. The appraisals were to be based only on the value of the lessees’ interest in Parcel 1 and not on the value of the recreational parcel.
UNPUBLISHED: Residential Mortgage Capital v. Chicago Title Ins. Company Docket
Cal.App. 1st Dist. (A125695) 9/20/10 Case complete 11/23/10ESCROW: An escrow holder released loan documents to a mortgage broker at the broker’s request in order to have the borrowers sign the documents at home. They were improperly backdated and the broker failed to provide duplicate copies of the notice of right to rescind. Due these discrepancies, the lender complied with the borrower’s demand for a rescission of the loan, and filed this action against the escrow holder for amounts reimbursed to the borrower for finance charges and attorney’s fees. The Court held that the escrow holder did not breach a duty to the lender because it properly followed the escrow instructions, and it is common for escrow to release documents to persons associated with the transaction in order for them to be signed elsewhere.
Starr v. Starr Docket
189 Cal. App. 4th 277 – 2nd Dist. (B219539) 9/30/10 Case complete 12/16/10COMMUNITY PROPERTY: In a divorce action the Court ordered the husband to convey title to himself and his former wife. Title had been taken in the husband’s name and the wife executed a quitclaim deed. But Family Code Section 721 creates a presumption that a transaction that benefits one spouse was the result of undue influence. The husband failed to overcome this presumption where the evidence showed that the wife executed the deed in reliance on the husband’s representation that he would subsequently add her to title. The husband was, nevertheless, entitled to reimbursement for his separate property contribution in purchasing the property.
Malkoskie v. Option One Mortgage Corp. Docket
188 Cal. App. 4th 968 – 2nd Dist. (B221470) 9/23/10 Case complete 11/23/10TRUSTEE’S SALES: After plaintiff stipulated to a judgment in an unlawful detainer action, she could not challenge the validity of the trustee’s sale in a subsequent action because the subsequent action is barred by collateral estoppel. Because the action was barred, the court did not reach the question of the validity of the trustee’s sale based on the substitution of trustee being recorded after trustee’s sale proceedings had commenced and based on assignments of the deed of trust into the foreclosing beneficiary being recorded after the trustee’s deed.
Lee v. Fidelity National Title Ins. Co. Docket Sup.Ct. Docket
188 Cal. App. 4th 583 – 1st Dist. (A124730) 9/16/10 Petition for review and depublication by Cal Supreme Ct. DENIED 12/1/10TITLE INSURANCE:
1. The insureds could have reasonably expected that they were buying a title insurance policy on APN 22, and not just APN 9, where both the preliminary report and policy included a reference to APN 22, listed exclusions from coverage that were specific to APN 22, and attached an assessor’s parcel map with an arrow pointing to both APN 9 and 22.
2. A preliminary report is merely an offer to issue a title policy, but an insured has the right to expect that the policy will be consistent with the terms of the offer.
3. There was a triable issue of fact as to whether a neighbor’s construction of improvements on APN 22 was sufficient to commence the running of the statute of limitations, where the insureds testified that they did not know the precise location of APN 22 and assumed that the neighbors constructed the improvements on their own property.
4. There was a triable issue of fact as to whether Fidelity National Title Insurance Company acted as escrow holder or whether the escrow was conducted by its affiliate, Fidelity National Title Company (only the insurance company was named as a defendant).
Chicago Title Insurance Company v. AMZ Insurance Services Docket Sup.Ct. Docket
188 Cal. App. 4th 401 – 4th Dist., Div. 3 (G041188) 9/9/10 Petition for review and depublication by Cal Supreme Ct. DENIED 12/15/10ESCROW: A document entitled “Evidence of Property Insurance” (“EOI”) constitutes a binder under Insurance Code Section 382.5(a). In this case an EOI was effective to obligate the insurer to issue a homeowner’s policy even though the escrow failed to send the premium check. In order to cancel the EOI the insured has to be given notice pursuant to Insurance Code Section 481.1, which the insurer did not do. The escrow holder paid the insured’s loss and obtained an assignment of rights. The court held that the escrow holder did not act as a volunteer in paying the amount of the loss, and is entitled to be reimbursed by the insurance company under the doctrine of equitable subrogation.
Vanderkous v. Conley Docket
188 Cal. App. 4th 111 – 1st Dist (A125352) 9/2/10 Case complete 11/3/10QUIET TITLE: 1) In a quiet title action the court has equitable powers to award compensation as necessary to do complete justice, even though neither party’s pleadings specifically requested compensation. 2) Realizing that the court was going to require plaintiff to compensate defendant in exchange for quieting title in plaintiff’s favor, plaintiff dismissed the lawsuit. However, the dismissal was invalid because it was filed following trial after the case had been submitted to the court.
Purdum v. Holmes Docket
187 Cal. App. 4th 916 – 2nd Dist. (B216493) 7/29/10 Case complete 10/22/10NOTARIES: A notary was sued for notarizing a forged deed. He admitted that he knew the grantor had not signed the deed, but the lawsuit was filed more than six years after the deed was signed and notarized. The court held that the action was barred by the six-year limitation period in C.C.P. 338(f)(3) even though plaintiff did not discover the wrongful conduct until well within the six year period.
Perlas v. GMAC Mortgage Docket
187 Cal. App. 4th 429 – 1st Dist. (A125212) 8/11/10 Case complete 10/10/10DEEDS OF TRUST: Borrowers filed an action against a lender to set aside a deed of trust, setting forth numerous causes of action. Borrowers’ loan application (apparently prepared by a loan broker) falsely inflated the borrowers’ income. In the published portion of the opinion. The court held in favor of the lender, explaining that a lender is not in a fiduciary relationship with borrowers and owes them no duty of care in approving their loan. A lender’s determination that the borrowers qualified for the loan is not a representation that they could afford the loan. One interesting issue in the unpublished portion of the opinion was the court’s rejection of the borrowers’ argument that naming MERS as nominee invalidated the deed of trust because, as borrower argued, the deed of trust was a contract with MERS and the note was a separate contract with the lender.
Soifer v. Chicago Title Company Modification Docket Sup.Ct. Docket
187 Cal. App. 4th 365 – 2nd Dist. (B217956) 8/10/10 Petition for review by Cal Supreme Ct. DENIED 10/27/10TITLE INSURANCE: A person cannot recover for errors in a title company’s informal communications regarding the condition of title to property in the absence of a policy of title insurance or the purchase of an abstract of title. There are two ways in which an interested party can obtain title information upon which reliance may be placed: an abstract of title or a policy of title insurance. Having purchased neither, plaintiff cannot recover for title company’s incorrect statement that a deed of trust in foreclosure was a first lien.
In re: Hastie (Weinkauf v. Florez) Docket Sup.Ct. Docket
186 Cal. App. 4th 1285 – 1st Dist. (A127069) 7/22/10 Petition for review by Cal Supreme Ct. filed late and DENIED 9/21/10DEEDS: An administrator of decedent’s estate sought to set aside two deeds on the basis that the grantees were the grandson and granddaughter of decedent’s caregiver. Defendant did not dispute that the transfers violated Probate Code Section 21350, which prohibits conveyances to a fiduciary, including a caregiver, or the fiduciary’s relatives, unless specified conditions are met. Instead, defendant asserted only that the 3-year statute of limitations had expired. The court held that the action was timely because there was no evidence indicating that the heirs had or should have had knowledge of the transfer, which would have commenced the running of the statute of limitations.
Bank of America v. Stonehaven Manor, LLC Docket Sup.Ct. Docket
186 Cal. App. 4th 719 – 3rd Dist. (C060089) 7/12/10 Petition for review by Cal Supreme Ct. DENIED 10/20/10ATTACHMENT: The property of a guarantor of a debt–a debt which is secured by the real property of the principal debtor and also that of a joint and several co-guarantor–is subject to attachment where the guarantor has contractually waived the benefit of that security (i.e. waived the benefit of Civil Code Section 2849).
Jackson v. County of Amador Docket
186 Cal. App. 4th 514 – 3rd Dist. (C060845) 7/7/10 Depublication request DENIED 9/15/10RECORDING LAW: An owner of two rental houses sued the county recorder for recording a durable power of attorney and two quitclaim deeds that were fraudulently executed by the owner’s brother. The superior court sustained the recorder’s demurrer without leave to amend. The court of appeal affirmed, holding that the legal insufficiency of the power of attorney did not provide a basis for the recorder to refuse to record the power of attorney under Government Code Section 27201(a) and the recorder did not owe the owner a duty to determine whether the instruments were fraudulently executed because the instruments were notarized.
Luna v. Brownell Docket
185 Cal. App. 4th 668 – 2nd Dist. (B212757) 6/11/10 Case complete 8/17/10DEEDS: A deed transferring property to the trustee of a trust is not void as between the grantor and grantee merely because the trust had not been created at the time the deed was executed, if (1) the deed was executed in anticipation of the creation of the trust and (2) the trust is in fact created thereafter. The deed was deemed legally delivered when the Trust was established.
Mabry v. Superior Court Docket Sup.Ct. Docket
185 Cal. App. 4th 208 – 4th Dist., Div. 3 (G042911) 6/2/10 Petition for review by Cal Supreme Ct. DENIED 8/18/10TRUSTEE’S SALES: The court answered, and provided thorough explanations for, a laundry list of questions regarding Civil Code Section 2923.5, which requires a lender to explore options for modifying a loan with a borrower prior to commencing foreclosure proceedings.
1. May section 2923.5 be enforced by a private right of action? Yes.
2. Must a borrower tender the full amount of the mortgage indebtedness due as a prerequisite to bringing an action under section 2923.5? No.
3. Is section 2923.5 preempted by federal law? No.
4. What is the extent of a private right of action under section 2923.5? It is limited to obtaining a postponement of a foreclosure to permit the lender to comply with section 2923.5.
5. Must the declaration required of the lender by section 2923.5, subdivision (b) be under penalty of perjury? No.
6. Does a declaration in a notice of default that tracks the language of section 2923.5(b) comply with the statute, even though such language does not on its face delineate precisely which one of three categories applies to the particular case at hand? Yes.
7. If a lender forecloses without complying with section 2923.5, does that noncompliance affect the title acquired by a third party purchaser at the foreclosure sale? No.
8. Did the lender comply with section 2923.5? Remanded to the trial court to determine which of the two sides is telling the truth.
9. Can section 2923.5 be enforced in a class action in this case? Not under these facts, which are highly fact-specific.
10. Does section 2923.5 require a lender to rewrite or modify the loan? No.
612 South LLC v. Laconic Limited Partnership Docket
184 Cal. App. 4th 1270 – Cal.App. 4th Dist., Div. 1 (D056646) 5/25/10 Case complete 7/26/10ASSESSMENT BOND FORECLOSURE:
1. Recordation of a Notice of Assessment under the Improvement Act of 1911 imparted constructive notice even though the notice did not name the owner of the subject property and was not indexed under the owner’s name. There is no statutory requirement that the notice of assessment be indexed under the name of the property owner.
2. A Preliminary Report also gave constructive notice where it stated: “The lien of special tax for the following municipal improvement bond, which tax is collected with the county taxes. . .”
3. A property owner is not liable for a deficiency judgment after a bond foreclosure because a property owner does not have personal liability for either delinquent amounts due on the bond or for attorney fees incurred in prosecuting the action.
Tarlesson v. Broadway Foreclosure Investments Docket
184 Cal. App. 4th 931 – 1st Dist. (A125445) 5/17/10 Case complete 7/20/10HOMESTEADS: A judgment debtor is entitled to a homestead exemption where she continuously resided in property, even though at one point she conveyed title to her cousin in order to obtain financing and the cousin subsequently conveyed title back to the debtor. The amount of the exemption was $150,000 (later statutorily changed to $175,000) based on debtor’s declaration that she was over 55 years old and earned less than $15,000 per year, because there was no conflicting evidence in the record.
UNPUBLISHED: MBK Celamonte v. Lawyers Title Insurance Corporation Docket Sup.Ct. Docket
Cal.App. 4th Dist., Div. 3 (G041605) 4/28/10 Petition for review by Cal Supreme Ct. DENIED 7/21/10TITLE INSURANCE / ENCUMBRANCES: A recorded authorization for a Mello Roos Assessment constitutes an “encumbrance” covered by a title policy, even where actual assessments are conditioned on the future development of the property.
Plaza Home Mortgage v. North American Title Company Docket Sup.Ct. Docket
184 Cal. App. 4th 130 – 4th Dist., Div. 1 (D054685) 4/27/10 Depublication request DENIED 8/11/10ESCROW / LOAN FRAUD: The buyer obtained 100% financing and managed to walk away with cash ($54,000) at close of escrow. (Actually, the buyer’s attorney-in-fact received the money.) The lender sued the title company that acted as escrow holder, asserting that it should have notified the lender when it received the instruction to send the payment to the buyer’s attorney-in-fact after escrow had closed. The court reversed a grant of a motion for summary judgment in favor of the escrow, pointing out that its decision is narrow, and holding only that the trial court erred when it determined the escrow did not breach the closing instructions contract merely because escrow had closed. The case was remanded in order to determine whether the escrow breached the closing instructions contract and if so, whether that breach proximately caused the lender’s damages.
Garcia v. World Savings Docket Sup.Ct. Docket
183 Cal. App. 4th 1031 – 2nd (B214822) 4/9/10 Petition for review and depublication by Cal Supreme Ct. DENIED 6/23/10TRUSTEE’S SALES: A lender told plaintiffs/owners that it would postpone a trustee’s sale by a week to give plaintiffs time to obtain another loan secured by other property in order to bring the subject loan current. Plaintiffs obtained a loan the following week, but the lender had conducted the trustee’s sale on the scheduled date and the property was sold to a third party bidder. Plaintiffs dismissed causes of action pertaining to setting aside the sale and pursued causes of action for breach of contract, wrongful foreclosure and promissory estoppel. The court held that there was no consideration that would support the breach of contract claim because plaintiffs promised nothing more than was due under the original agreement. Plaintiffs also could not prove a cause of action for wrongful foreclosure because that cause of action requires that the borrower tender funds to pay off the loan prior to the trustee’s sale. However, plaintiffs could recover based on promissory estoppel because procuring a high cost, high interest loan by using other property as security is sufficient to constitute detrimental reliance.
LEG Investments v. Boxler Docket
183 Cal. App. 4th 484 – 3rd Dist. (C058743) 4/1/10 Certified for Partial Publication Case complete 6/2/10PARTITION: A right of first refusal in a tenancy in common agreement does not absolutely waive the right of partition. Instead, the right of first refusal merely modifies the right of partition to require the selling cotenant to first offer to sell to the nonselling cotenant before seeking partition. [Ed. note: I expect that the result would have been different if the right of partition had been specifically waived in the tenancy in common agreement.]
Steiner v. Thexton Docket
48 Cal. 4th 411 – Cal. Supreme Court (S164928) 3/18/10OPTIONS: A contract to sell real property where the buyer’s performance was entirely conditioned on the buyer obtaining regulatory approval to subdivide the property is an option. Although plaintiffs’ promise was initially illusory because no consideration was given at the outset, plaintiffs’ part performance of their bargained-for promise to seek a parcel split cured the initially illusory nature of the promise and thereby constituted sufficient consideration to render the option irrevocable.
Grotenhuis v. County of Santa Barbara Docket
182 Cal. App. 4th 1158 – 2nd Dist. (B212264) 3/15/10 Case complete 5/18/10PROPERTY TAXES: Subject to certain conditions, a homeowner over the age of 55 may sell a principle residence, purchase a replacement dwelling of equal or lesser value in the same county, and transfer the property tax basis of the principal residence to the replacement dwelling. The court held that this favorable tax treatment is not available where title to both properties was held by an individual’s wholly owned corporation. The court rejected plaintiffs’ argument that the corporation was their alter ego because that concept is used to pierce the corporate veil of an opponent, and not to enable a person “to weave in and out of corporate status when it suits the business objective of the day.”
Clear Lake Riviera Community Assn. v. Cramer Docket
182 Cal.App. 4th 459 – 1st Dist. (A122205) 2/26/10 Case complete 4/29/10HOMEOWNER’S ASSOCIATIONS: Defendant homeowners were ordered to bring their newly built house into compliance with the homeowners association’s guidelines where the house exceed the guidelines’ height restriction by nine feet. Even though the cost to the defendants will be great, they built the house with knowledge of the restriction and their hardship will not be grossly disproportionate to the loss the neighbors would suffer if the violation were not abated, caused by loss in property values and loss of enjoyment of their properties caused by blocked views. The height restriction was contained in the associations guidelines and not in the CC&R’s, and the association did not have records proving the official adoption of the guidelines. Nevertheless, the court held that proper adoption was inferred from the circumstantial evidence of long enforcement of the guidelines by the association.
Forsgren Associates v. Pacific Golf Community Development Docket Sup. Ct. Docket
182 Cal.App. 4th 135 – 4th Dist., Div. 2 (E045940) 2/23/10 Petition for review by Cal Supreme Ct. DENIED 6/17/10MECHANIC’S LIENS: 1. Owners of land are subject to mechanic’s liens where they were aware of the work being done by the lien claimant and where they failed to record a notice of non-responsibility.
2. Civil Code Section 3128 provides that a mechanic’s lien attaches to land on which the improvement is situated “together with a convenient space about the same or so much as may be required for the convenient use and occupation thereof”. Accordingly, defendant’s land adjacent to a golf course on which the lien claimant performed work is subject to a mechanic’s lien, but only as to the limited portions where a tee box was located and where an irrigation system was installed.
3. The fact that adjacent property incidentally benefits from being adjacent to a golf course does not support extending a mechanic’s lien to that property.
4. The owners of the adjacent property were liable for interest, but only as to their proportionate share of the amount of the entire mechanic’s lien.
Steinhart v. County of Los Angeles Docket
47 Cal.4th 1298 – Cal. Supreme Court (S158007) 2/4/10PROPERTY TAXES: A “change in ownership”, requiring a property tax reassessment, occurs upon the death of a trust settlor who transferred property to a revocable trust, and which became irrevocable upon the settlor’s death. The fact that one trust beneficiary was entitled to live in the property for her life, and the remaining beneficiaries received the property upon her death, did not alter the fact that a change in ownership of the entire title had occurred.
Kuish v. Smith Docket
181 Cal.App.4th 1419 – 4th Dist., Div. 3 (G040743) 2/3/10 Case complete 4/12/10CONTRACTS: 1. Defendants’ retention of a $600,000 deposit designated as “non-refundable” constituted an invalid forfeiture because a) the contract did not contain a valid liquidated damages clause, and b) plaintiff re-sold the property for a higher price, so there were no out-of-pocket damages. 2. The deposit did not constitute additional consideration for extending the escrow because it was labeled “non-refundable” in the original contract.
Kendall v. Walker (Modification attached) Docket
181 Cal.App.4th 584 – 1st Dist. (A105981) 12/30/09 Case complete 3/29/10WATER RIGHTS: An owner of land adjoining a navigable waterway has rights in the foreshore adjacent to his property separate from that of the general public. The court held that the boundary in the waterway between adjacent parcels of land is not fixed by extending the boundary lines into the water in the direction of the last course ending at the shore line. Instead, it is fixed by a line drawn into the water perpendicular to the shore line. Accordingly, the court enjoined defendants from allowing their houseboat from being moored in a manner that crossed onto plaintiffs’ side of that perpendicular boundary line.
Junkin v. Golden West Foreclosure Service Docket
180 Cal.App.4th 1150 – 1st Dist. (A124374) 1/5/10 Case complete 3/12/10USURY: The joint venture exception to the Usury Law, which has been developed by case law, provides that where the relationship between the parties is a bona fide joint venture or partnership, an advance by a joint venturer is an investment and not a loan, making the Usury Law inapplicable. The court applied the exception to a loan by one partner to the other because instead of looking at the loan in isolation, it looked at the entire transaction which it determined to be a joint venture. The case contains a good discussion of the various factors that should be weighed in determining whether the transaction is a bona fide joint venture. The presence or absence of any one factor is not, alone, determinative. The factors include whether or not: 1) there is an absolute obligation of repayment, 2) the investor may suffer a loss, 3) the investor has a right to participate in management, 4) the subject property was purchased from a third party and 5) the parties considered themselves to be partners.
Banc of America Leasing & Capital v. 3 Arch Trustee Services Docket
180 Cal.App.4th 1090 – 4th Dist., Div. 3 (G041480) 12/11/09 Case complete 3/8/10TRUSTEE’S SALES: A judgment lien creditor is not entitled to receive a notice of default, notice of trustee’s sale or notice of surplus sale proceeds unless the creditor records a statutory request for notice. The trustee is required to disburse surplus proceeds only to persons who have provided the trustee with a proof of claim. The burden rests with the judgment creditor to keep a careful watch over the debtor, make requests for notice of default and sales, and to submit claims in the event of surplus sale proceeds.
Park 100 Investment Group v. Ryan Docket
180 Cal.App.4th 795 – 2nd Dist. (B208189) 12/23/09 Case complete 2/26/10LIS PENDENS: 1. A lis pendens may be filed against a dominant tenement when the litigation involves an easement dispute. Although title to the dominant tenement would not be directly affected if an easement right was shown to exist, the owner’s right to possession clearly is affected2.A recorded lis pendens is a privileged publication only if it identifies an action previously filed with a court of competent jurisdiction which affects the title or right of possession of real property. If the complaint does not allege a real property claim, or the alleged claim lacks evidentiary merit, the lis pendens, in addition to being subject to expungement, is not privileged.
Millennium Rock Mortgage v. T.D. Service Company Modification Docket
179 Cal.App.4th 804 – 3rd Dist. (C059875) 11/24/09 Case complete 1/26/10TRUSTEE’S SALES: A trustee’s sale auctioneer erroneously read from a script for a different foreclosure, although the correct street address was used. The auctioneer opened the bidding with the credit bid from the other foreclosure that was substantially less than the correct credit bid. The errors were discovered after the close of bidding but prior to the issuance of a trustee’s deed. The court held that the errors constituted an “irregularity” sufficient to give the trustee the right to rescind the sale.The court distinguished 6 Angels v. Stuart-Wright Mortgage, in which the court held that a beneficiary’s negligent miscalculation of the amount of its credit bid was not sufficient to rescind the sale. In 6 Angels the error was totally extrinsic to the proper conduct of the sale itself. Here there was inherent inconsistency in the auctioneer’s description of the property being offered for sale, creating a fatal ambiguity in determining which property was being auctioned.
Fidelity National Title Insurance Company v. Schroeder Docket
179 Cal.App.4th 834 – 5th Dist. (F056339) 11/24/09 Case complete 1/25/10JUDGMENTS: A judgment debtor transferred his 1/2 interest in real property to the other cotenant prior to the judgment creditor recording an abstract of judgment. The court held that if the trial court on remand finds that the transfer was intended to shield the debtor’s property from creditors, then the transferee holds the debtor’s 1/2 interest as a resulting trust for the benefit of the debtor, and the creditor’s judgment lien will attach to that interest. The court also held that the transfer cannot be set aside under the Uniform Fraudulent Transfer Act because no recoverable value remained in the real property after deducting existing encumbrances and Gordon’s homestead exemption.The case contains a good explanation of the difference between a resulting (“intention enforcing”) and constructive (“fraud-rectifying”) trust. A resulting trust carries out the inferred intent of the parties; a constructive trust defeats or prevents the wrongful act of one of them.
Zhang v. Superior Court Docket Sup.Ct. Docket
Cal.App. 4th Dist., Div. 2 (E047207) 10/29/09 Petition for review by Cal Supreme Ct. GRANTED 2/10/10INSURANCE / BAD FAITH: Fraudulent conduct by an insurer does not give rise to a private right of action under the Unfair Insurance Practices Act (Insurance Code section 790.03 et seq.), but it can give rise to a private cause of action under the Unfair Competition Law (Business and Professions Code section 17200 et seq.).
Presta v. Tepper Docket
179 Cal.App.4th 909 – 4th Dist., Div. 3 (G040427) 10/28/09 Case complete 1/25/10TRUSTS: An ordinary express trust is not an entity separate from its trustee, like a corporation is. Instead, a trust is merely a relationship by which one person or entity holds property for the benefit of some other person or entity. Consequently, where two men entered into partnership agreements as trustees of their trusts, the provision of the partnership agreement, which required that upon the death of a partner the partnership shall purchase his interest in the partnership, was triggered by the death of one of the two men.
Wells Fargo Bank v. Neilsen Modification Docket Sup.Ct. Docket
178 Cal.App.4th 602 – 1st Dist. (A122626) 10/22/09 (Mod. filed 11/10/09) Petition for review by Cal Supreme Ct. DENIED 2/10/10CIRCUITY OF PRIORITY: The Court follows the rule in Bratcher v. Buckner, even though Bratcherinvolved a judgment lien and two deeds of trust and this case involves three deeds of trust. The situation is that A, B & C have liens on the subject property, and A then subordinates his lien to C’s lien. The problem with this is that C appears to be senior to A, which is senior to B, which is senior to C, so that each lien is senior and junior to one of the other liens.The Court held that the lien holders have the following priority: (1) C is paid up to the amount of A’s lien, (2) if the amount of A’s lien exceeds C’s lien, A is paid the amount of his lien, less the amount paid so far to C, (3) B is then paid in full, (4) C is then paid any balance still owing to C, (5) A is then paid any balance still owing to A.
This is entirely fair because A loses priority as to the amount of C’s lien, which conforms to the intent of the subordination agreement. B remains in the same position he would be in without the subordination agreement since his lien remains junior only to the amount of A’s lien. C steps into A’s shoes only up to the amount of A’s lien.
NOTE: The odd thing about circuity of priority cases is that they result in surplus proceeds after a foreclosure sale being paid to senior lienholders. Normally, only junior lienholders and the foreclosed out owner are entitled to share in surplus proceeds, and the purchaser takes title subject to the senior liens.
Schmidli v. Pearce Docket
178 Cal.App.4th 305 – 3rd Dist. (C058270) 10/13/09 Case complete 12/15/09MARKETABLE RECORD TITLE ACT: This case was decided under the pre-2007 version of Civil Code Section 882.020, which provided that a deed of trust expires after 10 years if the maturity date is “ascertainable from the record”. The court held that this provision was not triggered by a Notice of Default, which set forth the maturity date and which was recorded prior to expiration of the 10-year period. NOTE: In 2007, C.C. Section 882.020 was amended to make it clear that the 10-year period applies only where the maturity date is shown in the deed of trust itself.
Nielsen v. Gibson Docket
178 Cal.App.4th 318 – 3rd Dist. (C059291) 10/13/09 Case complete 12/15/09ADVERSE POSSESSION: 1. The “open and notorious” element of adverse possession was satisfied where plaintiff possessed the subject property by actual possession under such circumstances as to constitute reasonable notice to the owner. Defendant was charged with constructive knowledge of plaintiff’s possession, even though defendant was out of the country the entire time and did not have actual knowledge.2. The 5-year adverse possession period is tolled under C.C.P. Section 328 for up to 20 years if the defendant is “under the age of majority or insane”. In the unpublished portion of the opinion the court held that although the defendant had been ruled incompetent by a court in Ireland, there was insufficient evidence that defendant’s condition met the legal definition of “insane”.
Ricketts v. McCormack Docket Sup.Ct. Docket
177 Cal.App.4th 1324 – 2nd Dist. (B210123) 9/27/09 Petition for review by Cal Supreme Ct. DENIED 12/17/09RECORDING LAW: Civil Code Section 2941(c) provides in part, “Within two business days from the day of receipt, if received in recordable form together with all required fees, the county recorder shall stamp and record the full reconveyance or certificate of discharge.” In this class action lawsuit against the County recorder, the court held that indexing is a distinct function, separate from recording a document, and is not part of section 2941(c)’s stamp-and-record requirement.The court distinguished indexing, stamping and recording:
Stamping: The “stamping” requirement of Section 2941(c) is satisfied when the Recorder endorses on a reconveyance the order of receipt, the day and time of receipt and the amount of fees paid.
Recording: The reconveyance is “recorded” once the Recorder has confirmed the document meets all recording requirements, created an entry for the document in the “Enterprise Recording Archive” system, calculated the required fees and confirmed payment of the correct amount and, finally, generated a lead sheet containing, among other things, a bar code, a permanent recording number and the words “Recorded/Filed in Official Records.”
Indexing: Government Code Section 27324 requires all instruments “presented for recordation” to “have a title or titles indicating the kind or kinds of documents contained therein,” and the recorder is “required to index only that title or titles captioned on the first page of a document.
Starlight Ridge South Homeowner’s Assn. v. Hunter-Bloor Docket
177 Cal.App.4th 440 – 4th Dist., Div. 2 (E046457) 8/14/09 (Pub. Order 9/3/09) Case complete 10/19/09CC&R’s: Under Code Civ. Proc. Section 1859, where two provisions appear to cover the same matter, and are inconsistent, the more specific provision controls over the general provision. Here the provision of CC&R’s requiring each homeowner to maintain a drainage ditch where it crossed the homeowners’ properties was a specific provision that controlled over a general provision requiring the homeowner’s association to maintain landscape maintenance areas.
First American Title Insurance Co. v. XWarehouse Lending Corp. Docket
177 Cal.App.4th 106 – 1st Dist. (A119931) 8/28/09 Case complete 10/30/09TITLE INSURANCE: A loan policy provides that “the owner of the indebtedness secured by the insured mortgage” becomes an insured under the loan policy. Normally, this means that an assignee becomes an insured. However, where the insured lender failed to disburse loan proceeds for the benefit of the named borrower, an indebtedness never existed, and the warehouse lender/assignee who disbursed money to the lender did not become an insured. The court pointed out that the policy insures against defects in the mortgage itself, but not against problems related to the underlying debt.NOTE: In Footnote 8 the court distinguishes cases upholding the right of a named insured or its assignee to recover from a title insurer for a loss due to a forged note or forged mortgage because in those cases, and unlike this case, moneys had been actually disbursed or credited to the named borrower by either the lender or its assignee.
Wells Fargo v. D & M Cabinets Docket
177 Cal.App.4th 59 – 3rd Dist. (C058486) 8/28/09 Case complete 10/28/09JUDGMENTS: A judgment creditor, seeking to sell an occupied dwelling to collect on a money judgment, may not bypass the stringent requirements of C.C.P. Section 704.740 et seq. when the sale is conducted by a receiver appointed under C.C.P Section 708.620. The judgment creditor must comply with Section 704.740, regardless of whether the property is to be sold by a sheriff or a receiver.
Sequoia Park Associates v. County of Sonoma Docket Sup.Ct. Docket
176 Cal.App.4th 1270 – 1st Dist. (A120049) 8/21/09 Petition for review by Cal Supreme Ct. DENIED 12/2/09PREEMPTION: A County ordinance professing to implement the state mobilehome conversion statutes was preempted for the following reasons: (1) Gov. Code Section 66427.5 expressly preempts the power of local authorities to inject other factors when considering an application to convert an existing mobilehome park from a rental to a resident-owner basis, (2) the ordinance is impliedly preempted because the Legislature has established a dominant role for the state in regulating mobilehomes, and has indicated its intent to forestall local intrusion into the particular terrain of mobilehome conversions and (3) the County’s ordinance duplicates several features of state law, a redundancy that is an established litmus test for preemption.
Citizens for Planning Responsibly v. County of San Luis Obispo Docket Sup.Ct. Docket
176 Cal.App.4th 357 – 2nd Dist (B206957) 8/4/09 Petition for review by Cal Supreme Ct. DENIED 10/14/09PREEMPTION: The court held that the State Aeronautics Act, which regulates the development and expansion of airports, did not preempt an initiative measure adopted by the voters because none of the following three factors necessary to establish preemption was present: (1) The Legislature may so completely occupy the field in a matter of statewide concern that all, or conflicting, local legislation is precluded, (2) the Legislature may delegate exclusive authority to a city council or board of supervisors to exercise a particular power over matters of statewide concern, or (3) the exercise of the initiative power would impermissibly interfere with an essential governmental function.
Delgado v. Interinsurance Exchange of the Auto Club of So. Cal. Docket
47 Cal.4th 302 – Cal. Supreme Court (S155129) 8/3/09INSURANCE / BAD FAITH: The case is not as relevant to title insurance as the lower court case, which held that an insurance company acted in bad faith as a matter of law where a potential for coverage was apparent from the face of the complaint. The Supreme Court reversed, basing its decision on the meaning of “accident” in a homeowner’s policy, and holding that an insured’s unreasonable belief in the need for self-defense does not turn the resulting intentional act of assault and battery into “an accident” within the policy’s coverage clause. Therefore, the insurance company had no duty to defend its insured in the lawsuit brought against him by the injured party.
1538 Cahuenga Partners v. Turmeko Properties Docket
176 Cal.App.4th 139 – 2nd Dist. (B209548) 7/31/09 Case complete 10/7/09RECONVEYANCE: [This is actually a civil procedure case that it not of much interest to title insurance business, but it is included here because the underlying action sought to cancel a reconveyance.] The court ordered that a reconveyance of a deed of trust be cancelled pursuant to a settlement agreement. The main holding was that a trial court may enforce a settlement agreement against a party to the settlement that has interest in the subject matter of the action even if the party is not named in the action, where the non-party appears in court and consents to the settlement.
Lee v. Lee Docket
175 Cal.App.4th 1553 – 5th Dist. (F056107) 7/29/09 Case complete 9/28/09DEEDS / STATUTE OF FRAUDS:
1. The Statute of Frauds does not apply to an executed contract, and a deed that is executed by the grantor and delivered to the grantee is an executed contract. The court rejected defendants’ argument that the deed did not reflect the terms of sale under a verbal agreement.
2. While the alteration of an undelivered deed renders the conveyance void, the alteration of a deed after it has been delivered to the grantee does not invalidate the instrument as to the grantee. The deed is void only as to the individuals who were added as grantees after delivery.
White v. Cridlebaugh Docket
178 Cal.App.4th 506 – 5th Dist. (F053843) 7/29/09 (Mod. 10/20/09) Case complete 12/21/09MECHANIC’S LIENS: Under Business and Professions Code Section 7031, a property owner may recover all compensation paid to an unlicensed contractor, in addition to not being liable for unpaid amounts. Furthermore, this recovery may not be offset or reduced by the unlicensed contractor’s claim for materials or other services.
Linthicum v. Butterfield Docket Sup.Ct. Docket
175 Cal.App.4th 259 – 2nd Dist. (B199645) 6/24/09 Petition for review by Cal Supreme Ct. DENIED 9/9/09NOTE: This is a new opinion following a rehearing. The only significant changes from the original opinion filed 4/2/09 (modified 4/8/09) involve the issue of a C.C.P. 998 offer, which is not a significant title insurance or escrow issue.
EASEMENTS: The court quieted title to an easement for access based on the doctrine of “balancing conveniences ” or “relative hardship”. Prohibiting the continued use of the roadway would cause catastrophic loss to the defendants and insignificant loss to the plaintiffs. However, the court remanded the case for the trial court to determine the width of the easement, which should be the minimal width necessary. The court reversed the judgment insofar as it awarded a utility easement to the defendants because they did not seek to quiet title to an easement for utilities, even though they denied the material allegations of that cause of action.
United Rentals Northwest v. United Lumber Products Docket
174 Cal.App.4th 1479 – 5th Dist. (F055855) 6/18/09 Case complete 8/18/09MECHANIC’S LIENS: Under Civil Code Section 3106, a “work of improvement” includes the demolition and/or removal of buildings. The court held that lumber drying kilns are “buildings” so the contractor who dismantled and removed them was entitled to a mechanic’s lien.
People v. Shetty Docket Sup.Ct. Docket
174 Cal.App.4th 1488 – 2nd Dist. (B205061) 6/18/09 Petition for review by Cal Supreme Ct. DENIED 9/30/09HOME EQUITY SALES CONTRACT ACT: This case is not significant from a title insurance standpoint, but it is interesting because it is an example of a successful prosecution under the Home Equity Sales Contract Act (Civil Code Section 1695 et seq.).
Strauss v. Horton Modification Docket
46 Cal.4th 364 – Cal. Supreme Court (S168047) 5/26/09SAME SEX MARRIAGE: The California Supreme Court upheld Proposition 8, which amended the California State Constitution to provide that: “Only marriage between a man and a woman is valid or recognized in California.” Proposition 8 thereby overrode portions of the ruling of In re Marriage Cases, which allowed same-sex marriages. But the Court upheld the marriages that were performed in the brief time same-sex marriage was legal from 5:00pm on June 16, 2008 (when In re Marriage Cases was final) through November 4, 2008 (the day before Proposition 8 became effective restricting the definition of marriage to a man and a woman).
In re Marriage of Lund Docket
174 Cal.App.4th 40 – 4th Dist., Div. 3 (G040863) 5/21/09 Case complete 7/27/09COMMUNITY PROPERTY: An agreement accomplished a transmutation of separate property to community property even though it stated that the transfer was “for estate planning purposes”. A transmutation either occurs for all purposes or it doesn’t occur at all.
St. Marie v. Riverside County Regional Park, etc. Docket
46 Cal.4th 282 – Cal. Supreme Court (S159319) 5/14/09OPEN SPACE DEDICATION: Property granted to a Regional Park District is not “actually dedicated” under Public Resources Code Section 5540 for open space purposes until the district’s Board of Directors adopts a resolution dedicating the property for park or open space purposes. Therefore, until the Board of Directors adopts such a resolution, the property may be sold by the District without voter or legislative approval.
Manhattan Loft v. Mercury Liquors Docket Sup.Ct. Docket
173 Cal.App.4th 1040 – 2nd Dist. (B211070) 5/6/09 Petition for review by Cal Supreme Ct. DENIED 8/12/09LIS PENDENS: An arbitration proceeding is not an “action” that supports the recordation of a notice of pendency of action. The proper procedure is for a party to an arbitration agreement to file an action in court to support the recording of a lis pendens, and simultaneously file an application to stay the litigation pending arbitration.
Murphy v. Burch Docket
46 Cal.4th 157 – Cal. Supreme Court (S159489) 4/27/09EASEMENT BY NECESSITY: This case contains a good discussion of the law of easements by necessity, which the court held did not apply in this case to provide access to plaintiff’s property. This means plaintiff’s property is completely landlocked because the parties had already stipulated that a prescriptive easement could not be established.An easement by necessity arises by operation of law when 1) there is a strict necessity as when a property is landlocked and 2) the dominant and servient tenements were under the same ownership at the time of the conveyance giving rise to the necessity. The second requirement, while not categorically barred when the federal government is the common grantor, requires a high burden of proof to show 1) the intent of Congress to establish the easement under federal statutes authorizing the patent and 2) the government’s lack of power to condemn the easement. Normally, a reservation of an easement in favor of the government would not be necessary because the government can obtain the easement by condemnation.
The court pointed out that there is a distinction between an implied grant and implied reservation, and favorably quotes a treatise that observes: “an easement of necessity may be created against the government, but the government agency cannot establish an easement by necessity over land it has conveyed because its power of eminent domain removes the strict necessity required for the creation of an easement by necessity.”
Abernathy Valley, Inc. v. County of Solano Docket
173 Cal.App.4th 42 – 1st Dist. (A121817) 4/17/09 Case complete 6/22/09SUBDIVISION MAP ACT: This case contains a very good history of California’s Subdivision Map Act statutes. The court held that parcels shown on a 1909 map recorded pursuant to the 1907 subdivision map law are not entitled to recognition under the Subdivision Map Act’s grandfather clause (Government Code Section 66499.30) because the 1907 act did not regulate the “design and improvement of subdivisions”. The court also held that a local agency may deny an application for a certificate of compliance that seeks a determination that a particular subdivision lot complies with the Act, where the effect of issuing a certificate would be to effectively subdivide the property without complying with the Act.
Linthicum v. Butterfield Modification Docket Sup.Ct. Docket
172 Cal.App.4th 1112 – 2nd Dist. (B199645) 4/2/09
SEE NEW OPINION FILED 6/24/09
McAvoy v. Hilbert Docket
172 Cal.App.4th 707 – 4th Dist., Div 1 (D052802) 3/24/09 Case complete 5/27/09ARBITRATION: C.C.P. Section 1298 requires that an arbitration provision in a real estate contract be accompanied by a statutory notice and that the parties indicate their assent by placing their initials on an adjacent space or line. The court held that a listing agreement that is part of a larger transaction for the sale of both a business and real estate is still subject to Section 1298, and refused to enforce an arbitration clause that did not comply with that statute.
Peak-Las Positas Partners v. Bollag Modification Docket
172 Cal.App.4th 101 – 2nd Dist. (B205091) 3/16/09 Case complete 5/27/09ESCROW: Amended escrow instructions provided for extending the escrow upon mutual consent which “shall not be unreasonably withheld or delayed”. The court held that substantial evidence supported the trial court’s determination that the seller’s refusal to extend escrow was unreasonable. The court pointed out the rule that equity abhors a forfeiture and that plaintiff had paid a non-refundable deposit of $465,000 and spent $5 million in project costs to obtain a lot line adjustment that was necessary in order for the property to be sold.
Alfaro v. Community Housing Improvement System & Planning Assn Modification Docket Sup.Ct. Docket
171 Cal.App.4th 1356 6th Dist. (H031127) 2/19/09 Petition for review by Cal Supreme Ct. DENIED 5/13/09CC&R’s: The court upheld the validity of recorded CC&R’s containing an affordable housing restriction that required property to remain affordable to buyers with low to moderate income. The court reached several conclusions:
1. Constructive notice of recorded CC&R’s is imparted even if they are not referenced in a subsequent deed,
2. CC&R’s may describe an entire tract, and do not need to describe individual lots in the tract,
3. An affordable housing restriction is a reasonable restraint on alienation even if it is of indefinite duration,
4. Defendants had a duty as sellers to disclose the existence of the CC&R’s. Such disclosure was made if plaintiffs were given, prior to close of escrow, preliminary reports that disclosed the CC&R’s.
5. The fact that a victim had constructive notice of a matter from public records is no defense to fraud. The existence of such public records may be relevant to whether the victim’s reliance was justifiable, but it is not, by itself, conclusive.
6. In the absence of a claim that defendants somehow prevented plaintiffs from reading the preliminary reports or deeds, or misled them about their contents, plaintiffs cannot blame defendants for their own neglect in reading the reports or deeds. Therefore, the date of discovery of alleged fraud for failing to disclose the affordable housing restriction would be the date plaintiffs received their preliminary reports or if they did not receive a preliminary report, the date they received their deeds.
Kwok v. Transnation Title Insurance Company Docket Sup.Ct. Docket
170 Cal.App.4th 1562 – 2nd Dist. (B207421) 2/10/09 Petition for review by Cal Supreme Ct. DENIED 4/29/09TITLE INSURANCE: Plaintiffs did not succeed as insureds “by operation of law” under the terms of the title insurance policy after transfer of the property from a wholly owned limited liability company, of which appellants were the only members, to appellants as trustees of a revocable family trust. This case highlights the importance of obtaining a 107.9 endorsement, which adds the grantee as an additional insured under the policy.
Pro Value Properties v. Quality Loan Service Corp. Docket
170 Cal.App.4th 579 – 2nd Dist. (B204853) 1/23/09 Case complete 3/27/09TRUSTEE’S SALES: A Trustee’s Deed was void because the trustee failed to record a substitution of trustee. The purchaser at the sale was entitled to a return of the money paid plus interest. The interest rate is the prejudgment interest rate of seven percent set forth in Cal. Const., Art. XV, Section 1. A trustee’s obligations to a purchaser are based on statute and not on a contract. Therefore, Civil Code Section 3289 does not apply, since it only applies to a breach of a contract that does not stipulate an interest rate.
Sixells v. Cannery Business Park Docket Sup.Ct. Docket
170 Cal.App.4th 648 – 3rd Dist. (C056267) 12/29/08 Petition for review by Cal Supreme Ct. DENIED 3/25/09CONTRACTS: The Subdivision Map Act (Gov. Code, Section 66410 et seq.) prohibits the sale of a parcel of real property until a final subdivision map or parcel map has been filed unless the contract to sell the property is “expressly conditioned” upon the approval and filing of a final map (66499.30(e)). Here, the contract satisfied neither requirement because it allowed the purchaser to complete the purchase if, at its election, the subject property was made into a legal parcel by recording a final map or if the purchaser “waived” the recording of a final map. Therefore the contract was void.
Patel v. Liebermensch Docket
45 Cal.4th 344 – Cal. Supreme Court (S156797) 12/22/08SPECIFIC PERFORMANCE: The material factors required for a written contract are the seller, the buyer, the price to be paid, the time and manner of payment, and the property to be transferred, describing it so it may be identified. Here, specific performance of an option was granted even though it was not precise as to the time and manner of payment because where a contract for the sale of real property specifies no time of payment, a reasonable time is allowed. The manner of payment is also a term that may be supplied by implication.
In re Marriage of Brooks and Robinson Docket Sup.Ct. Docket
169 Cal.App.4th 176 – 4th Dist., Div. 2 (E043770) 12/16/08 Request for review and depublication by Cal Supreme Ct. DENIED 3/25/09COMMUNITY PROPERTY: The act of taking title to property in the name of one spouse during marriage with the consent of the other spouse effectively removes that property from the general presumption that the property is community property. Instead, there is a presumption that the parties intended title to be held as stated in the deed. This presumption can only be overcome by clear and convincing evidence of a contrary agreement, and not solely by tracing the funds used to purchase the property or by testimony of an intention not disclosed at the time of the execution of the conveyance. Because the court found that there was no agreement to hold title other than as the separate property of the spouse who acquired title in her own name, it did not reach the issue of whether a purchaser from that spouse was a BFP or would be charged with knowledge of that the seller’s spouse had a community property interest in the property.
The Formula, Inc. v. Superior Court Docket
168 Cal.App.4th 1455 – 3rd Dist. (C058894) 12/10/09 Case complete 2/10/09LIS PENDENS: A notice of litigation filed in another state is not authorized for recording under California’s lis pendens statutes. An improperly filed notice of an action in another state is subject to expungement by a California court, but not under the authority of C.C.P. Section 405.30, and an order of expungement is given effect by being recorded in the chain of title to overcome the effect of the earlier filing.
Ekstrom v. Marquesa at Monarch Beach HOA Docket Sup.Ct. Docket
168 Cal.App.4th 1111 – 4th Dist., Div. 3 (G038537) 12/1/08 Depublication request DENIED 3/11/09CC&R’s: A provision in CC&R’s requiring all trees on a lot to be trimmed so as to not exceed the roof of the house on the lot, unless the tree does not obstruct views from other lots, applies to palm trees even though topping a palm tree will kill it. All trees means “all trees”, so palm trees are not exempt from the requirement that offending trees be trimmed, topped, or removed.
Spencer v. Marshall Docket
168 Cal.App.4th 783 – 1st Dist. (A119437) 11/24/08 Case complete 1/26/09HOME EQUITY SALES: The Home Equity Sales Contract Act applies even where the seller is in bankruptcy and even where the seller’s Chapter 13 Bankruptcy Plan allows the seller to sell or refinance the subject property without further order of the court.
Kachlon v. Markowitz Docket
168 Cal.App.4th 316 – 2nd Dist. (B182816) 11/17/08 Case complete 1/27/09TRUSTEE’S SALES:
1. The statutorily required mailing, publication, and delivery of notices in nonjudicial foreclosure, and the performance of statutory nonjudicial foreclosure procedures, are privileged communications under the qualified, common-interest privilege, which means that the privilege applies as long as there is no malice. The absolute privilege for communications made in a judicial proceeding (the “litigation privilege”) does not apply.
2. Actions seeking to enjoin nonjudicial foreclosure and clear title based on the provisions of a deed of trust are actions on a contract, so an award of attorney fees under Civil Code Section 1717 and provisions in the deed of trust is proper.
3. An owner is entitled to attorney fees against the trustee who conducted trustee’s sale proceedings where the trustee did not merely act as a neutral stakeholder but rather aligned itself with the lender by denying that the trustor was entitled to relief.
Hines v. Lukes Docket
167 Cal.App.4th 1174 – 2nd Dist. (B199971) 10/27/08 Case complete 12/31/08EASEMENTS: [Not significant from a title insurance standpoint]. The underlying dispute concerns an easement but the case involves only civil procedure issues pertaining to the enforcement of a settlement agreement.
Satchmed Plaza Owners Association v. UWMC Hospital Corp. Docket
167 Cal.App.4th 1034 – 4th Dist., Div. 3 (G038119) 10/23/08 Case complete 12/23/08RIGHT OF FIRST REFUSAL: [Not significant from a title insurance standpoint]. The underlying dispute concerns a right of first refusal but the case involves only civil procedure issues pertaining to a party’s waiver of its right to appeal where it has accepted the benefits of the favorable portion of judgment.
Gray v. McCormick Docket Sup.Ct. Docket
167 Cal.App.4th 1019 – 4th Dist., Div. 3 (G039738) 10/23/08 Petition for review by Cal Supreme Ct. DENIED 1/14/09EASEMENTS: Exclusive easements are permitted under California law, but the use by the owner of the dominant tenement is limited to the purposes specified in the grant of easement, not all conceivable uses of the property.
In re Estate of Felder Docket
167 Cal.App.4th 518 – 2nd Dist. (B205027) 10/9/08 Case complete 12/11/08CONTRACTS: [Not significant from a title insurance standpoint]. The case held that an estate had the right to retain the entire deposit upon a purchaser’s breach of a sales contract even though the estate had only a 1/2 interest in the subject property.
Secrest v. Security National Mortgage Loan Trust Order Modifying Opinion Docket Sup.Ct. Docket
167 Cal.App.4th 544 – 4th Dist., Div. 3 (G039065) 10/9/08, Modified 11/3/08 Petition for review by Cal Supreme Ct. DENIED 12/17/08LOAN MODIFICATION: Because a note and deed of trust come within the statute of frauds, a Forbearance Agreement also comes within the statute of frauds pursuant to Civil Code section 1698. Making the downpayment required by the Forbearance Agreement was not sufficient part performance to estop Defendants from asserting the statute of frauds because payment of money alone is not enough as a matter of law to take an agreement out of the statute, and the Plaintiffs have legal means to recover the downpayment if they are entitled to its return. In addition to part performance, the party seeking to enforce the contract must have changed position in reliance on the oral contract to such an extent that application of the statute of frauds would result in an unjust or unconscionable loss, amounting in effect to a fraud.
FDIC v. Dintino Docket
167 Cal.App.4th 333 – 4th Dist., Div. 1 (D051447) 9/9/08 (Pub. Order 10/2/08) Case complete 12/2/08TRUST DEEDS: A lender who mistakenly reconveyed a deed of trust could not sue under the note because it would violate the one action rule. However, the lender prevailed on its unjust enrichment cause of action. The applicable statute of limitations was the 3-year statute for actions based on fraud or mistake, and not the 4-year statute for actions based on contract. Nevertheless, the action was timely because the statute did not begin to run until the lender reasonably discovered its mistake, and not from the date of recordation of the reconveyance. Finally, the court awarded defendant attorney’s fees attributable to defending the contract cause of action because defendant prevailed on that particular cause of action even though he lost the lawsuit.
California Coastal Commission v. Allen Docket Sup.Ct. Docket
167 Cal.App.4th 322 – 2nd Dist. (B197974) 10/1/08 Petition for review by Cal Supreme Ct. DENIED 1/14/09HOMESTEADS:
1. The assignees of a judgment properly established their rights as assignees by filing with the clerk of the court an acknowledgement of assignment of judgment.
2. The subject property was not subject to a homestead exemption because the debtor transferred the property to a corporation of which he was the sole shareholder. The homestead exemption only applies to the interest of a natural person in a dwelling.
3. The debtor could not claim that he was only temporarily absent from a dwelling in order to establish it as his homestead where he leased it for two years. This is true even though the debtor retained the right to occupy a single car section of the garage and the attic.
In re Marriage of Holtemann Docket Sup.Ct. Docket
162 Cal.App.4th 1175 – 2nd Dist. (B203089) 9/15/08 Petition for review by Cal Supreme Ct. DENIED 12/10/08COMMUNITY PROPERTY: Transmutation of separate property to community property requires language which expressly states that the characterization or ownership of the property is being changed. Here, an effective transmutation occurred because the transmutation agreement clearly specified that a transmutation was occurring and was not negated by arguably confusing language in a trust regarding the parties’ rights to terminate the trust. The court also stated that it was not aware of any authority for the proposition that a transmutation can be conditional or temporary. However, while questioning whether a transmutation can be conditional or temporary, the court did not specifically make that holding because the language used by the parties was not conditional.
Mission Shores Association v. Pheil Docket
166 Cal.App.4th 789 – 4th Dist., Div. 2 (E043932) 9/5/08 Case complete 11/7/08CC&R’s: Civil Code Section 1356 allows a court to reduce a super-majority voting requirement to amend CC&R’s where the court finds that the amendment is reasonable. Here the court reduced the 2/3 majority requirement to a simple majority for an amendment to limit rentals of homes to 30 days or more.
Zanelli v. McGrath Docket
166 Cal.App.4th 615 – 1st Dist. (A117111) 9/2/08 Case complete 11/4/08EASEMENTS:
1. The doctrine of merger codified in Civil Code Sections 805 and 811 applies when “the right to the servitude,” and “the right to the servient tenement” are not vested in a single individual, but in the same persons;2. The doctrine of merger applies regardless of whether the owners held title as joint tenants or tenants in common. Also, the fact that one owner held his interest in one of the properties as trustee for his inter vivos revocable trust does not preclude merger because California law recognizes that when property is held in this type of trust the settlor has the equivalent of full ownership of the property. (If he had held title only in a representative capacity as a trustee for other beneficiaries under the terms of an irrevocable trust, then his ownership might not result in extinguishment by merger because he would only hold the legal title for the benefit of others.) The court cites Galdjie v. Darwish (2003) 113 Cal.App.4th 1331, stating that a revocable inter vivos trust is recognized as simply a probate avoidance device, but does not prevent creditors of the settlers from reaching trust property.
(3) After being extinguished by merger, an easement is not revived upon severance of the formerly dominant and servient parcels unless it is validly created once again.
Ritter & Ritter v. The Churchill Condominium Assn. Docket
166 Cal.App.4th 103 – 2nd Dist. (B187840) 7/22/08 (pub. order 8/21/08) Case complete 10/21/08HOMEOWNERS’ ASSOCIATIONS: A member of a condominium homeowners’ association can recover damages from the association which result from a dangerous condition negligently maintained by the association in the common area. However, the court found in favor of the individual directors because a greater degree of fault is necessary to hold unpaid individual board members liable, and such greater degree of fault was not present here.
Kempton v. City of Los Angeles Docket Sup.Ct. Docket
165 Cal.App.4th 1344 – 2nd Dist. (B201128) 8/13/08 Request for Depublication by Cal Supreme Ct. DENIED 11/12/08NUISANCE: A private individual may bring an action against a municipality to abate a public nuisance when the individual suffers harm that is specially injurious to himself, or where the nuisance is a public nuisance per se, such as blocking a public sidewalk or road. The court held that plaintiff’s assertions that neighbors’ fences were erected upon city property, prevent access to plaintiff’s sidewalk area, and block the sightlines upon entering and exiting their garage were sufficient to support both a public nuisance per se and specific injury.
Claudino v. Pereira Docket Sup.Ct. Docket
165 Cal.App.4th 1282 – 3rd Dist. (C054808) 8/12/08 Petition for review by Cal Supreme Ct. DENIED 11/12//08SURVEYS: Determining the location of a boundary line shown on a plat recorded pursuant to the 1867 Townsite Acts requires an examination of both the plat and the surveyor’s field notes. Here, the plat showed the boundary as a straight line, but the court held that the boundary followed the center line of a gulch because the field notes stated that the boundary was “down said gulch”.
Zack’s, Inc. v. City of Sausalito Docket
165 Cal.App.4th 1163 – 1st Dist. (A118244) 8/11/08 Case complete 10/14/08TIDELANDS / PUBLIC STREETS: A statute authorizing the City’s lease of tidelands does not supersede other state laws establishing procedures for the abandonment of public streets. Because the City failed to follow the normal procedure for abandonment of the portion of the street upon which it granted a lease, the leasehold was not authorized and can therefore be deemed a nuisance.
Gehr v. Baker Hughes Oil Field Operations Docket Sup.Ct. Docket
165 Cal.App.4th 660 – 2nd Dist. (B201195) 7/30/08 Petition for review by Cal Supreme Ct. DENIED 10/16/08NUISANCE: Plaintiff purchased from Defendant real property that was contaminated, and Defendant had begun the remediation process. The 3-year statute of limitations for suing under a permanent nuisance theory had expired. So Plaintiff sued for nuisance damages under a continuing nuisance theory, seeking interest rate differential damages based on the difference in the interest rate between an existing loan and a loan that plaintiff could have obtained if not for the contamination.The court held that plaintiff’s claim for interest rate differential damages is actually a claim for diminution in value, which may not be recovered under a continuing nuisance theory. Damages for diminution in value may only be recovered for permanent, not continuing, nuisances. When suing for a continuing nuisance, future or prospective damages are not allowed, such as damages for diminution in the value of the subject property. A nuisance can only be considered “continuing” if it can be abated, and therefore a plaintiff suing under this theory may only recover the costs of abating the nuisance.
If the nuisance has inflicted a permanent injury on the land, the plaintiff generally must bring a single lawsuit for all past, present, and future damages within three years of the creation of the nuisance. But if the nuisance is one which may be discontinued at any time, it is considered continuing in character and persons harmed by it may bring successive actions for damages until the nuisance is abated. Recovery is limited, however, to actual injury suffered prior to commencement of each action.
Witt Home Ranch v. County of Sonoma Docket Sup.Ct. Docket
165 Cal.App.4th 543 – 1st Dist. (A118911) 7/29/08 Petition for review by Cal Supreme Ct. DENIED 5/28/08SUBDIVISION MAP ACT: This case contains a good history of California’s Subdivision Map Act statutes. The court held that the laws governing subdivision maps in 1915 did not regulate the “design and improvement of subdivisions,” as required by the grandfather clause of Government Code Section 66499.30. The subdivision map in this case was recorded in 1915 and no lots were subsequently conveyed, so the map does not create a valid subdivision.
T.O. IX v. Superior Court Docket Sup.Ct. Docket
165 Cal.App.4th 140 – 2nd Dist. (B203794) 7/24/08 Petition for review by Cal Supreme Ct. DENIED 9/10/08MECHANIC’S LIENS: A mechanic’s lien claimant recorded a mechanic’s lien against each of the nine parcels in a project, each lien for the full amount due under the contract. The court held that defendant could record a single release bond under Civil Code Section 3143 to release all of the liens.
Kassir v. Zahabi Docket
164 Cal.App.4th 1352 – 4th Dist., Div. 3 (G038449) 3/5/08 (Pub. Order 4/3/08, Received 7/16/08) Case complete 5/9/08SPECIFIC PERFORMANCE: The trial court ordered Defendant to specifically perform his contract to sell real property to Plaintiff, and further issued a judgment ordering Defendant to pay Plaintiff for rents accruing during the time Defendant was able to perform the agreement but refused to do so. The court held that because the property was overencumbered, Defendant would have received nothing under the agreement and no offset was required.The court explained that because execution of the judgment in a specific performance action will occur later than the date of performance provided by the contract, financial adjustments must be made to relate their performance back to the contract date, namely: 1) when a buyer is deprived of possession of the property pending resolution of the dispute and the seller receives rents and profits, the buyer is entitled to a credit against the purchase price for the rents and profits from the time the property should have been conveyed to him, 2) a seller also must be treated as if he had performed in a timely fashion and is entitled to receive the value of his lost use of the purchase money during the period performance was delayed, 3) if any part of the purchase price has been set aside by the buyer with notice to the seller, the seller may not receive credit for his lost use of those funds and 4) any award to the seller representing the value of his lost use of the purchase money cannot exceed the rents and profits awarded to the buyer, for otherwise the breaching seller would profit from his wrong.
Grant v. Ratliff Docket Sup.Ct. Docket
164 Cal.App.4th 1304 – 2nd Dist. (B194368) 7/16/08 Request for depublication by Cal Supreme Ct. DENIED 10/1/08PRESCRIPTIVE EASEMENTS: The plaintiff/owner of Parcel A sought to establish a prescriptive easement to a road over Parcel B. In order to establish the requisite 5-year period of open and notorious possession, the plaintiff needed to include the time that the son of the owner of Parcel B spent living in a mobile home on Parcel A. The court held that the son’s use of Parcel A was not adverse but was instead a matter of “family accommodation” and, therefore, a prescriptive easement was not established. The court also discussed: 1) a party seeking to establish a prescriptive easement has the burden of proof by clear and convincing evidence and 2) once the owner of the dominant tenement shows that use of an easement has been continuous over a long period of time, the burden shifts to the owner of the servient tenement to show that the use was permissive, but the servient tenement owner’s burden is a burden of producing evidence, and not a burden of proof.
SBAM Partners v. Wang Docket
164 Cal.App.4th 903 – 2nd Dist. (B204191) 7/9/08 Case complete 9/10/08HOMESTEADS: Under C.C.P. Section 704.710, a homestead exemption is not allowed on property acquired by the debtor after the judgment has been recorded unless it was purchased with exempt proceeds from the sale, damage or destruction of a homestead within the six-month safe harbor period.
Christian v. Flora Docket
164 Cal.App.4th 539 – 3rd Dist. (C054523) 6/30/08 Case complete 9/2/08EASEMENTS: Where parcels in a subdivision are resubdivided by a subsequent parcel map, the new parcel map amends the provisions of any previously recorded parcel map made in compliance with the Map Act. Here, although the deeds to plaintiffs referred to the original parcel map, since the intent of the parties was that the easement shown on the amended parcel map would be conveyed, the grantees acquired title to the easement shown on the amended map.
Lange v. Schilling Docket
163 Cal.App.4th 1412 – 3rd Dist. (C055471) 5/28/08; pub. order 6/16/08 Case Complete 8/18/08REAL ESTATE AGENTS: The clear language of the standard California real estate purchase agreement precludes an award of attorney’s fees if a party does not attempt mediation before commencing litigation. Because plaintiff filed his lawsuit before offering mediation, there was no basis to award attorney’s fees.
Talbott v. Hustwit Docket Sup.Ct. Docket
164 Cal.App.4th 148 – 4th Dist., Div. 3 (G037424) 6/20/08 Petition for review and depublication DENIED by Cal Supreme Ct. 9/24/08GUARANTEES:
1. C.C.P. 580a, which requires an appraisal of the real property security before the court may issue a deficiency judgment, does not apply to an action against a guarantor.
2. A lender cannot recover under a guaranty where there the debtor and guarantor already have identical liability, such as with general partners or trustees of a revocable trust in which the debtor is the settlor, trustee and primary beneficiary. Here, however, a guarantee signed by the trustees of the debtors’ trust is enforceable as a “true guarantee” because, although the debtors were the settlors, they were a) secondary, not primary, beneficiaries and b) were not the trustees.
Mayer v. L & B Real Estate Sup.Ct. Docket
43 Cal.4th 1231 – Cal. Supreme Court (S142211) 6/16/08TAX SALES: The one-year statute of limitations for attacking a tax sale does not begin to run against a property owner who is in “undisturbed possession” of the subject property until that owner has actual notice of the tax sale. Ordinarily, a property owner who has failed to pay property taxes has sufficient knowledge to put him on notice that a tax sale might result. However, in this case the property owners did not have notice because they purchased a single piece of commercial property and received a single yearly tax bill. They had no reason to suspect that due to errors committed by the tax assessor, a small portion of their property was being assessed separately and the tax bills were being sent to a previous owner.NOTE: This creates a hazard for title companies insuring after a tax sale in reliance on the one-year statute of limitations in Revenue and Taxation Code Section 3725.
California Golf v. Cooper Docket Sup.Ct. Docket
163 Cal.App.4th 1053 – 2nd Dist. (B195211) 6/9/08 Petition for review by Cal Supreme Ct. DENIED 9/17/08TRUSTEE’S SALES:
1. A bidder at a trustee’s sale may not challenge the sale on the basis that the lender previously obtained a decree of judicial foreclosure because the doctrine of election of remedies benefits only the trustor or debtor.
2. A lender’s remedies against a bidder who causes a bank to stop payment on cashier’s checks based on a false affidavit asserting that the checks were lost is not limited to the remedies set forth in CC Section 2924h, and may pursue a cause of action for fraud against the bidder.
(The case contains a good discussion (at pp. 25 – 26) of the procedure for stopping payment on a cashier’s check by submitting an affidavit to the issuing bank.)
Biagini v. Beckham Docket
163 Cal.App.4th 1000 – 3rd Dist. (C054915) 6/9/08 Case complete 8/11/08DEDICATION:
1. Acceptance of a dedication may be actual or implied. It is actual when formal acceptance is made by the proper authorities, and implied when a use has been made of the property by the public 1) of an intensity that is reasonable for the nature of the road and 2) for such a length of time as will evidence an intention to accept the dedication. BUT the use in this case was not sufficient because the use was by neighbors whose use did not exceed what was permitted pursuant to a private easement over the same area.
2. A statutory offer of dedication can be revoked as to the public at large by use of the area that is inconsistent with the dedication, but the offer remains open for formal acceptance by the public entity to which the offer was made.
Steiner v. Thexton Docket Sup.Ct. Docket
Cal.App. 3rd Dist. (C054605) 5/28/08 REVERSED by Cal. Supreme Ct.OPTIONS: A contract to sell real property where the buyer’s performance was entirely conditioned on the buyer obtaining regulatory approval to subdivide the property is an option. An option must be supported by consideration, but was not here, where the buyer could back out at any time. Buyer’s promise to deliver to seller copies “of all information, reports, tests, studies and other documentation” was not sufficient consideration to support the option.
In re Marriage Cases Docket
43 Cal.4th 757 – Cal. Supreme Court (S147999) 5/15/08MARRIAGE: The language of Family Code Section 300 limiting the designation of marriage to a union “between a man and a woman” is unconstitutional and must be stricken from the statute, and the remaining statutory language must be understood as making the designation of marriage available both to opposite-sex and same-sex couples.
Harvey v. The Landing Homeowners Association Docket
162 Cal.App.4th 809 – 4th Dist., Div. 1 (D050263) 4/4/08 (Cert. for Pub. 4/30/08) Case complete 6/30/08HOMEOWNERS ASSOCIATIONS: The Board of Directors of an HOA has the authority to allow owners to exclusively use common area accessible only to those owners where the following provision of the CC&R’s applied: “The Board shall have the right to allow an Owner to exclusively use portions of the otherwise nonexclusive Common Area, provided that such portions . . . are nominal in area and adjacent to the Owner’s Exclusive Use Area(s) or Living Unit, and, provided further, that such use does not unreasonably interfere with any other Owner’s use . . .” Also, this is allowed under Civil Code Section 1363.07(a)(3)(E).
Salma v. Capon Docket
161 Cal.App.4th 1275 – 1st Dist. (A115057) 4/9/08 Case complete 6/11/08HOME EQUITY SALES: A seller claimed he sold his house for far less than it was worth “due to the duress of an impending trustee’s sale and the deceit of the purchasers”. The case involves procedural issues that are not relevant to this web site. However, it is included here because it demonstrates the kind of mess that can occur when you are dealing with property that is in foreclosure. Be careful, folks.
Aviel v. Ng Docket
161 Cal.App.4th 809 – 1st Dist. (A114930) 2/28/08; pub. order 4/1/08 Case complete 5/6/08LEASES / SUBORDINATION: A lease provision subordinating the lease to “mortgages” also applied to deeds of trust because the two instruments are functionally and legally the same. Therefore a foreclosure of a deed of trust wiped out the lease.
People v. Martinez Docket
161 Cal.App.4th 754 – 4th Dist., Div. 2 (E042427) 4/1/08 Case complete 6/2/08FORGERY: This criminal case involves a conviction for forgery of a deed of trust. [NOTE: The crime of forgery can occur even if the owner actually signed the deed of trust. The court pointed out that “forgery is committed when a defendant, by fraud or trickery, causes another to execute a document where the signer is unaware, by reason of such trickery, that he is executing a document of that nature.”
Pacific Hills Homeowners Association v. Prun Docket
160 Cal.App.4th 1557 – 4th Dist., Div. 3 (G038244) 3/20/08 Case complete 5/27/08CC&R’s: Defendants built a gate and fence within the setback required by the CC&R’s. 1) The court held that the 5-year statute of limitations of C.C.P. 336(b) applies to unrecorded as well as recorded restrictions, so that the shorter 4-year statute of limitations of C.C.P. 337 is inapplicable. 2) The court upheld the trial court’s equitable remedy of requiring the HOA to pay 2/3 of the cost of relocation defendant’s gate based upon the HOA’s sloppiness in not pursuing its case more promptly.
Nicoll v. Rudnick Docket
160 Cal.App.4th 550 – 5th Dist. (F052948) 2/27/08 Case complete 4/28/08WATER RIGHTS: An appropriative water right established in a 1902 judgment applied to the entire 300 acre parcel so that when part of the parcel was foreclosed and subsequently re-sold, the water rights must be apportioned according to the acreage of each parcel, not according to the prior actual water usage attributable to each parcel. NOTE: This case contains a good explanation of California water rights law.
Real Estate Analytics v. Vallas Docket
160 Cal.App.4th 463 – 4th Dist., Div. 1 (D049161) 2/26/08 Case complete 5/29/08SPECIFIC PERFORMANCE: Specific performance is appropriate even where the buyer’s sole purpose and entire intent in buying the property was to earn money for its investors and turn a profit as quickly as possible. The fact that plaintiff was motivated solely to make a profit from the purchase of the property does not overcome the strong statutory presumption that all land is unique and therefore damages were inadequate to make plaintiff whole for the defendant’s breach.
Fourth La Costa Condominium Owners Assn. v. Seith Docket
159 Cal.App.4th 563 – 4th Dist., Div. 1 (D049276) 1/30/08 Case complete 4/1/08CC&R’s/HOMEOWNER’S ASSOCIATIONS: The court applied CC 1356(c)(2) and Corp. Code 7515, which allow a court to reduce the supermajority vote requirement for amending CC&R’s and bylaw because the amendments were reasonable and the balloting requirements of the statutes were met.
02 Development, LLC v. 607 South Park, LLC Docket
159 Cal.App.4th 609 – 2nd Dist. (B200226) 1/30/08 Case complete 4/3/08SPECIFIC PERFORMANCE: 1) An assignment of a purchaser’s rights under a purchase agreement prior to creation of the assignee as an LLC is valid because an organization can enforce pre-organization contracts if the organization adopts or ratifies them. 2) A purchaser does not need to prove that it already had the necessary funds, or already had binding commitments from third parties to provide the funds, when the other party anticipatorily repudiates the contract. All that plaintiff needed to prove was that it would have been able to obtain the necessary funding (or funding commitments) in order to close the transaction on time.
Richeson v. Helal Docket Sup.Ct. Docket
158 Cal.App.4th 268 – 2nd Dist. (B187273) 11/29/07; Pub. & mod. order 12/21/07 (see end of opinion) Petition for review by Cal Supreme Ct. DENIED 2/20/08CC&R’s / MUNICIPALITIES: An Agreement Imposing Restrictions (“AIR”) and CC&R’s did not properly lend themselves to an interpretation that would prohibit the City from changing the permitted use or zoning and, were they so construed, the AIR and CC&R’s would be invalid as an attempt by the City to surrender its future right to exercise its police power respecting the property. Here, the AIR and CC&R’s did not prohibit the City from issuing a new conditional use permit allowing the continued use of the subject property as a neighborhood market.
Bill Signs Trucking v. Signs Family Ltd. Partnership Docket Sup.Ct. Docket
157 Cal.App.4th 1515 – 4th Dist., Div. 1 (D047861) 12/18/07 Petition for review by Cal Supreme Ct. DENIED 4/9/08LEASES / RIGHT OF FIRST REFUSAL: A tenant’s right of first refusal under a commercial lease is not triggered by the conveyance of an interest in the property between co-partners in a family limited partnership that owns the property and is the landlord.
Schweitzer v. Westminster Investments Docket Sup.Ct. Docket
157 Cal.App.4th 1195 – 4th Dist., Div. 1 (D049589) 12/13/07 Petition for review by Cal Supreme Ct. DENIED 3/26/08EQUITY PURCHASERS:
1) The bonding requirement of the Home Equity Sales Contracts Act (Civil Code Section 1695.17) is void for vagueness under the due process clause and may not be enforced. Section 1695.17 is vague because it provides no guidance on the amount, the obligee, the beneficiaries, the terms or conditions of the bond, the delivery and acceptance requirements, or the enforcement mechanisms of the required bond.
2) Although the bond requirement may not be enforced, the remainder of the statutory scheme remains valid because the bond provisions are severable from the balance of the enactment.
3) The court refused to set aside the deed in favor of the equity purchaser because, first, the notice requirements of Civil Code Section 1695.5 appear to have been met and, second, the seller’s right to rescind applies before the deed is recorded but the statute “does not specify that a violation of section 1695.5 provides grounds for rescinding a transaction after recordation of the deed”.
Crestmar Owners Association v. Stapakis Docket
157 Cal.App.4th 1223 – 2nd Dist. (B191049) 12/13/07 Case complete 2/15/07CC&R’s: Where a developer failed to convey title to two parking spaces as required by the CC&R’s, the homeowner’s association was able to quiet title even though more than 20 years had passed since the parking spaces should have been conveyed. The statute of limitations does not run against someone, such as the homeowner’s association here, who is in exclusive and undisputed possession of the property.
Washington Mutual Bank v. Blechman Docket Sup.Ct. Docket
157 Cal.App.4th 662 – 2nd Dist. (B191125) 12/4/07 Petition for review by Cal Supreme Ct. DENIED 3/19/08TRUSTEE’S SALES: The foreclosing lender and trustee are indispensable parties to a lawsuit which seeks to set aside a trustee’s sale. Therefore, a default judgment against only the purchaser at the trustee’s sale is subject to collateral attack.
Garretson v. Post Docket Sup.Ct. Docket
156 Cal.App.4th 1508 – 4th Dist., Div.2 (E041858) 11/20/07 Petition for review by Cal Supreme Ct. DENIED 2/27/08TRUSTEE’S SALES: A cause of action for wrongful foreclosure does not fall within the protection of Code of Civil Procedure section 425.16, commonly referred to as the anti-SLAPP statute (strategic lawsuit against public participation).
Murphy v. Burch Docket Sup.Ct. Docket
Cal.App. 1st Dist. (A117051) 11/19/07
AFFIRMED by Cal Supreme Ct. 4/27/09EASEMENT BY NECESSITY: An easement by necessity arises by operation of law when 1) there is a strict necessity as when a property is landlocked and 2) the dominant and servient tenements were under the same ownership at the time of the conveyance giving rise to the necessity. However, the second requirement is not met when the properties were owned by the federal government because the Government has the power of eminent domain, rendering it unnecessary to resort to the easement by necessity doctrine in order to acquire easements.The court attempts to distinguish Kellogg v. Garcia, 102 Cal.App.4th 796, by pointing out that in that case the issue of eminent domain did not arise because the dominant tenement was owned by a private party and the servient tenements by the federal government. [Ed. Note: the court does not adequately address the fact that the government does not always have the power of eminent domain. It only has that power if a public purpose is involved. Also, I do not think the court adequately distinguishes Kellogg, which seems to hold that common ownership by the federal government satisfies the requirement of common ownership.]
Elias Real Estate v. Tseng Docket Sup.Ct. Docket
156 Cal.App.4th 425 – 2nd Dist. (B192857) 10/25/07 Petition for review by Cal Supreme Ct. DENIED 2/13/08SPECIFIC PERFORMANCE: Acts of a partner falling within Corp. Code 16301(1) (acts in ordinary course of business) are not subject to the statute of frauds. Acts of a partner falling within Corp. Code 16301(2) (acts not in the ordinary course of business) are subject to the statute of frauds. In this case, a sale of the partnership’s real property was not in the ordinary course of business, so it fell within Corp. Code 16301(2) and plaintiff could not enforce a contract of sale signed by only one partner.
Strong v. State Board of Equalization Docket Sup.Ct. Docket
155 Cal.App.4th 1182 – 3rd Dist. (C052818) 10/2/07 Petition for review by Cal Supreme Ct. DENIED 1/3/08CHANGE OF OWNERSHIP: The statute that excludes transfers between domestic partners from property tax reassessment is constitutional.
County of Solano v. Handlery Docket Sup.Ct. Docket
155 Cal.App.4th 566 – 1st Dist. (A114120) 9/21/07 Petition for review by Cal Supreme Ct. DENIED 12/12/07DEEDS: The County brought an action against grantors’ heirs to invalidate restrictions in a deed limiting the subject property to use as a county fair or similar public purposes. The court refused to apply the Marketable Record Title Act to eliminate the power of termination in favor of the grantors because the restrictions are enforceable under the public trust doctrine.
Baccouche v. Blankenship Docket
154 Cal.App.4th 1551 – 2nd Dist (B192291) 9/11/07 Case complete 11/16/07EASEMENTS: An easement that permits a use that is prohibited by a zoning ordinance is not void. It is a valid easement, but cannot be enforced unless the dominant owner obtains a variance. As is true with virtually all land use, whether a grantee can actually use the property for the purposes stated in the easement is subject to compliance with any applicable laws and ordinances, including zoning restrictions.
WRI Opportunity Loans II LLC v. Cooper Docket
154 Cal.App.4th 525 – 2nd Dist. (B191590) 8/23/07 Case complete 10/26/07USURY: The trial court improperly granted a motion for summary judgment on the basis that the loan was exempt from the usury law.1. The common law exception to the usury law known as the “interest contingency rule” provides that interest that exceeds the legal maximum is not usurious when its payment is subject to a contingency so that the lender’s profit is wholly or partially put in hazard. The hazard in question must be something over and above the risk which exists with all loans – that the borrower will be unable to pay.
2. The court held that the interest contingency rule did not apply to additional interest based on a percentage of the sale price of completed condominium units because the lender was guaranteed additional interest regardless of whether the project generated rents or profits.
3. The loan did not qualify as a shared appreciation loan, permitted under Civil Code Sections 1917-1917.006, because the note guaranteed the additional interest regardless of whether the property appreciated in value or whether the project generated profits.
4. The usury defense may not be waived by guarantor of a loan. (No other published case has addressed this issue.)
Archdale v. American International Specialty Lines Ins. Co. Docket
154 Cal.App.4th 449 – 2nd Dist. (B188432) 8/22/07 Case complete 10/26/07INSURANCE: The case contains good discussions of 1) an insurer’s liability for a judgment in excess of policy limits where it fails to accept a reasonable settlement offer within policy limits and 2) the applicable statutes of limitation.
REVERSED by Cal. Supreme Court 12/22/08
Patel v. Liebermensch Docket Sup.Ct. Docket
154 Cal.App.4th 373 – 4th, Div. 1 (D048582) 8/21/07REVERSED: SPECIFIC PERFORMANCE: Specific performance of an option was denied where the parties never reached agreement on the amount of the deposit, the length of time of the escrow or payment of escrow expenses if there were a delay. One judge dissented on the basis that the option contract was sufficiently clear to be specifically enforced and the court should insert reasonable terms in place of the uncertain terms.
In Re Marriage of Ruelas Docket
154 Cal.App.4th 339 – 2nd Dist. (B191655) 8/20/07 Case complete 10/26/07RESULTING TRUST: A resulting trust was created where a daughter acquired property in her own name and the evidence showed that she was acquiring the property for her parents who had poor credit.
Stoneridge Parkway Partners v. MW Housing Partners Docket Sup.Ct. Docket
153 Cal.App.4th 1373 – 3rd Dist. (C052082) 8/3/07 Petition for review by Cal Supreme Ct. DENIED 11/14/07USURY: The exemption to the usury law for loans made or arranged by real estate brokers applies to a loan in which the broker who negotiated the loan was an employee of an affiliate of the lender, but nevertheless acted as a third party intermediary in negotiating the loan.
Kinney v. Overton Docket Sup.Ct. Docket
153 Cal.App.4th 482 – 4th Dist., Div. 3 (G037146) 7/18/07 Petition for review by Cal Supreme Ct. DENIED 10/10/07EASEMENTS: Former Civil Code Section 812 provided that
“[t]he vacation . . . of streets and highways shall extinguish all private easements therein claimed by reason of the purchase of any lot by reference to a map or plat upon which such streets or highways are shown, other than a private easement necessary for the purpose of ingress and egress to any such lot from or to a public street or highway, except as to any person claiming such easement who, within two years from the effective date of such vacation or abandonment . . . shall have recorded in the office of the recorder of the county in which such vacated or abandoned streets or highways are located a verified notice of his claim to such easement . . .” [Emphasis added.]
The court held that cross-complainant could not maintain an action against the person occupying the disputed abandoned parcel because it was not necessary for access and he did not record the notice required by C.C. Section 812. The court specifically did not address the state of title to the disputed parcel or what interest, if any, cross-defendant may have in the parcel.
Hartzheim v. Valley Land & Cattle Company Docket Sup.Ct. Docket
153 Cal.App.4th 383 – 6th Dist. (H030053) 7/17/07 Petition for review by Cal Supreme Ct. DENIED 10/10/07LEASES / RIGHT OF FIRST REFUSAL: A right of first refusal in a lease was not triggered by a partnership’s conveyance of property to the children and grandchildren of its partners for tax and estate planning purposes because it did not constitute a bona fide offer from any third party. The court considered three factors: 1) the contract terms must be reviewed closely to determine the conditions necessary to invoke the right, 2) where a right of first refusal is conditioned upon receipt of a bona fide third party offer to purchase the property, the right is not triggered by the mere conveyance of that property to a third party and 3) the formalities of the transaction must be reviewed to determine its true nature.
Berryman v. Merit Property Mgmt. Docket Sup.Ct. Docket
152 Cal.App.4th 1544 – 4th Dist., Div. 3 (G037156) 5/31/07 Petition for review by Cal Supreme DENIED 10/10/07HOMEOWNER’S ASSOCIATIONS: Fees charged by a homeowner’s association upon a transfer of title by a homeowner are limited by Civil Code Section 1368 to the association’s actual costs. The court held that this limitation does not apply to fees charged by a management company hired by the association.
Cal-Western Reconveyance Corp. v. Reed Docket
152 Cal.App.4th 1308 – 2nd Dist. (B193014) 6/29/07 Case complete 8/29/07TRUSTEE’S SALES: After a trustee’s sale, the trustee deposited the surplus proceeds into court under CC 2924j in order to determine who was entitled to the excess proceeds. The court held that:
(1) The distribution of surplus proceeds to satisfy child and spousal support arrearages was proper because the County had properly recorded an abstract of support judgment,
(2) The trial court erred in distributing proceeds to the debtor’s former wife to satisfy her claims for a community property equalization payment and for attorney fees ordered in the dissolution proceeding, because no recorded lien or encumbrance secured those claims, which in any event were discharged in the debtor’s bankruptcy proceeding (because child and spousal support obligations are not dischargeable, but property settlement payments are dischargeable), and
(3) The trial court erred in distributing proceeds to the debtor’s former lawyer, who was retained to assist the debtor in the collection of proceeds from the trustee’s sale, because an attorney’s lien on the prospective recovery of a client must be enforced in a separate action.
(4) The debtor failed to produce sufficient evidence to support his claim that he was entitled to the $150,000 homestead exemption applicable when a debtor is physically disabled and unable to engage in substantial gainful employment (so he was entitled to only the standard $50,000 homestead exemption).
Poseidon Development v. Woodland Lane Estates Order Modifying Opinion Docket
152 Cal.App.4th 1106 – 3rd Dist. (C052573) 6/28/07 Case complete 8/31/07PROMISSORY NOTES: A penalty that applied to late payments of installments did not apply to a late payment of the final balloon payment of principal. The penalty was 10% of the amount due, which made sense for regular installments, but bore no reasonable relationship to actual damages if applied to the balloon payment.
Carr v. Kamins Docket
151 Cal.App.4th 929 – 2nd Dist. (B191247) 5/31/07 Case complete 8/1/07QUIET TITLE: A quiet title judgment was set aside by defendant’s heir four years after being entered because the heir was not named and served. The plaintiff believed the defendant to be deceased, but made no effort to locate and serve the defendant’s heirs. [Even though this case contains some unique facts, the fact that a default judgment can be set aside four years after being entered demonstrates the danger of relying on default judgments and the need to closely examine the court file and surrounding circumstances before doing so.]
Estate of Yool Docket
151 Cal.App.4th 867 – 1st Dist. (A114787) 5/31/07 Case complete 7/31/07RESULTING TRUST: A decedent held title with her daughter for the purpose of facilitating financing and did not intend to acquire beneficial title. A probate court properly ordered the Special Administrator to convey title to the daughter based on the Resulting Trust Doctrine. It held that the four-year statute of limitations under C.C.P. 343 applied and not C.C.P. 366.2, which limits actions to collect on debts of the decedent to one year after the date of death.
Kalway v. City of Berkeley Docket
151 Cal.App.4th 827 – 1st Dist. (A112569) 5/31/07 Case complete 8/1/07SUBDIVISION MAP ACT: Plaintiff husband transferred title of a parcel to his wife in order to avoid merger under the Subdivision Map Act of a substandard parcel into their adjoining lot. The court held that plaintiffs could not evade the Map Act in this manner. It also held that the City had no authority to obtain an order canceling the deed, but that the wife also had no right to further transfer title to the substandard lot except back to her husband.
Delgado v. Interinsurance Exchange of the Auto Club of So. Cal. Docket Sup.Ct. Docket
Cal.App. 2nd Dist. (B191272) 6/25/07
REVERSED BY CALIFORNIA SUPREME COURTBAD FAITH: An insurance company acted in bad faith as a matter of law where a potential for coverage was apparent from the face of the complaint. The insured allegedly assaulted plaintiff and there was a potential for coverage because the insured may have acted in self defense. The case contains a thorough analysis of the duties of defense and indemnity.
Blackmore v. Powell Docket Sup.Ct. Docket
150 Cal.App.4th 1593 – 2nd Dist. (B185326) 5/22/07 Request for depublication DENIED 8/29/07EASEMENTS: An easement “for parking and garage purposes” includes the exclusive right to build and use a garage. Granting an exclusive easement may constitute a violation under the Subdivision Map act, but here there is no violation because the exclusive use of the garage covers only a small portion of the easement and is restricted to the uses described in the easement deed.
Amalgamated Bank v. Superior Court Docket Sup.Ct. Docket
149 Cal.App.4th 1003 – 3rd Dist. (C052156, C052395) 4/16/07 Petition for review by Cal Supreme Ct. DENIED 8/8/07LIS PENDENS:
1. In deciding a writ petition from an order granting or denying a motion to expunge a lis pendens after judgment and pending appeal, an appellate court must assess whether the underlying real property claim has “probable validity”. This is the same test that is used before judgment. “Probable validity” post-judgment means that it is more likely than not the real property claim will prevail at the end of the appellate process.
2. A judicial foreclosure sale to a third party is absolute, subject only to the right of redemption, and may not be set aside, except that under C.C.P. Section 701.680(c)(1) the judgment debtor may commence an action to set aside the sale within 90 days only if the purchaser at the sale was the judgment creditor. Here, a potential bidder who was stuck in traffic and arrived too late to the sale could not set it aside because only the judgment debtor can do that and because a third party purchased at the sale.
L&B Real Estate v. Housing Authority of Los Angeles Docket
149 Cal.App.4th 950 – 2nd Dist. (B189740) 4/13/07 Case complete 6/13/07TAX DEEDS: Because public property is exempt from taxation, tax deeds purporting to convey such property for nonpayment of taxes are void. Two parcels were inadvertently not included in a deed to the State (subsequently conveyed to the Housing Authority of Los Angeles). Accordingly, the tax collector thought that those parcels were still owned by the seller and sold them at a tax sale after real estate taxes were not paid on them. The court also points out that plaintiff was not a good faith purchaser because it had constructive and actual knowledge of the fact that the Housing Authority’s low income housing was partially located on the two parcels sold at the tax sale.
Ulloa v. McMillin Real Estate Docket
149 Cal.App.4th 333 – 4th Dist., Div. 1 (D048066) 3/7/07 (Cert. for pub. 4/4/07) Case complete 6/4/07STATUTE OF FRAUDS: The Statute of Frauds requires the authority of an agent who signs a sales agreement to be in writing if the agent signs on behalf of the party to be charged. However, a plaintiff purchaser whose agent signed her name with only verbal authorization is not precluded by the Statute of Frauds from bringing the action because the defendant is the party to be charged.
Jordan v. Allstate Insurance Company Docket Sup.Ct. Docket
148 Cal.App.4th 1062 – 2nd Dist. (B187706) 3/22/07 Petition for review and depublication DENIED 6/27/07BAD FAITH: Where there is a genuine issue as to the insurer’s liability under the policy, there can be no bad faith liability imposed on the insurer for advancing its side of that dispute. However, there can be bad faith liability where an insurer denies coverage but a reasonable investigation would have disclosed facts showing the claim was covered under other provisions of the policy. The court clarified that an insurer’s failure to investigate can result in bad faith liability only if there is coverage. If there is no coverage, then any failure to properly investigate cannot cause the insured any damage.
Shah v. McMcMahon Docket
148 Cal.App.4th 526 – 2nd Dist. (B188972) 3/12/07 Case complete 5/16/07LIS PENDENS: Plaintiffs could not appeal an order for attorney’s fees awarded in a hearing of a motion to expunge a lis pendens. The only remedy is to challenge the award by way of a petition for writ of mandate.
Sterling v. Taylor Docket
40 Cal.4th 757 – Cal. Supreme Court (S121676) 3/1/07STATUTE OF FRAUDS: If a memorandum signed by the seller includes the essential terms of the parties’ agreement (i.e. the buyer, seller, price, property and the time and manner of payment), but the meaning of those terms is unclear, the memorandum is sufficient under the statute of frauds if extrinsic evidence clarifies the terms with reasonable certainty. Because the memorandum itself must include the essential contractual terms, extrinsic evidence cannot supply those required terms, however, it can be used to explain essential terms that were understood by the parties but would otherwise be unintelligible to others. In this case, the memorandum did not set forth the price with sufficient clarity because it was uncertain whether it was to be determined by a multiplier applied to the actual rent role or whether the price specified was the agreed price even though it was based on the parties’ incorrect estimate of the rent role.
Jet Source Charter v. Doherty Docket
148 Cal.App.4th 1 – 4th Dist., Div. 1 (D044779) 1/30/07 (Pub. order and modification filed 2/28/07 – see end of opinion) Case complete 5/1/07PUNITIVE DAMAGES: Parts I, II, III and IV NOT certified for publication: Where the defendant’s conduct only involves economic damage to a single plaintiff who is not particularly vulnerable, an award which exceeds the compensatory damages awarded is not consistent with due process.
Dyer v. Martinez Docket Sup.Ct. Docket
147 Cal.App.4th 1240 – 4th Dist., Div. 3 (G037423) 2/23/07 Petition for review by Cal Supreme Ct. DENIED 6/13/07RECORDING: A lis pendens that was recorded but not indexed does not impart constructive notice, so a bona fide purchaser for value takes free of the lis pendens. The party seeking recordation must ensure that all the statutory requirements are met and the recorder is deemed to be an agent of the recording party for this purpose.
Behniwal v. Mix Docket
147 Cal.App.4th 621 – 4th Dist., Div. 3 (G037200) 2/7/07 Case complete 4/13/07SPECIFIC PERFORMANCE: In a specific performance action, a judgment for plaintiff’s attorneys’ fees cannot be offset against the purchase price that the successful plaintiff must pay defendant for the property. A judgment for attorneys’ fees is not an incidental cost that can be included as part of the specific performance judgment, and it is not a lien that relates back to the filing of the lis pendens. Instead, it is an ordinary money judgment that does not relate back to the lis pendens. So, while plaintiff’s title will be superior to defendant’s liens that recorded subsequent to the lis pendens, those liens are nevertheless entitled to be paid to the extent of available proceeds from the full purchase price.
Castillo v. Express Escrow Docket
146 Cal.App.4th 1301 – 2nd Dist. (B186306) 1/18/07 Case complete 3/20/07MOBILEHOME ESCROWS:
1) Health and Safety Code Section 18035(f) requires the escrow agent for a mobile home sale to hold funds in escrow upon receiving written notice of a dispute between the parties, even though the statute specifically states “unless otherwise specified in the escrow instructions” and even though the escrow instructions provided that escrow was to close unless “a written demand shall have been made upon you not to complete it”.
2) Section 18035(f) does not require the written notice of dispute to cite the code section, or to be in any particular form, or that the notice be addressed directly to the escrow holder, or that the notice contain an express request not to close escrow. The subdivision requires nothing more than that the escrow agent receive notice in writing of a dispute between the parties. So receiving a copy of the buyer’s attorney’s letter to the seller was sufficient to notify the escrow agent that a dispute existed.
Rappaport-Scott v. Interinsurance Exchange Docket
146 Cal.App.4th 831 – 2nd Dist (B184917) 1/11/07 Case complete 3/14/07INSURANCE: An insurer’s duty to accept reasonable settlement offers within policy limits applies only to third party actions and not to settlement offers from an insured. An insurer has a duty not to unreasonable withhold payments due under a policy. But withholding benefits under a policy is not unreasonable if there is a genuine dispute between the insurer and the insured as to coverage or the amount of payment due, which is what occurred in this case.
In re: Rabin
BAP 9th Circuit 12/8/06BANKRUPTCY/HOMESTEADS: Under California law, the homestead exemption rights of registered domestic partners are identical to those of people who are married. Therefore, domestic partners are limited to a single combined exemption, in the same manner as people who are married. In the absence of a domestic partnership or marriage, each cotenant is entitled to the full homestead exemption.
Wachovia Bank v. Lifetime Industries Docket
145 Cal.App.4th 1039 – 4th Dist., Div. 2 (E037560) 12/15/06 Case complete 2/16/07OPTIONS:
1. When the holder of an option to purchase real property exercises the option and thereby obtains title to the property, the optionee’s title relates back to the date the option was given, as long as the optionee has the right to compel specific performance of the option. But where the optionee acquires title in a transaction unconnected with the option, such as where there has been a breach of the option agreement so that the optionee did not have the right to specific performance, the optionee takes subject to intervening interests just like any other purchaser.
2. Civil Code Section 2906 provides a safe harbor for a lender to avoid the rule against “clogging” the equity of redemption as long as the option is not dependent on the borrower’s default. But even if the lender falls outside the safe harbor because the exercise of the option is dependent upon borrower’s default, it does not automatically follow that the option is void. Instead, the court will analyze the circumstances surrounding the transaction and the intent of the parties to determine whether the option is either void or a disguised mortgage. Also, even if the transaction is a disguised mortgage the optionee (now mortgagee) has a right to judicially foreclose, which will wipe out intervening interests.
Wright v. City of Morro Bay Docket Sup.Ct. Docket
144 Cal.App.4th 767, 145 Cal.App.4th 309a – 2nd Dist (B176929) 11/7/06 Modification of Opinion 12/6/06 Petition for review by Cal Supreme Ct. DENIED 2/21/07DEDICATION/ABANDONMENT: C.C.P. 771.010, which provides for termination of an offer of dedication if not accepted within 25 years, did not apply because 1) the statute cannot be applied retroactively to the City’s acceptance occurring more than 25 years after the offer of dedication and 2) the area covered by the dedicated road has never been used by anyone, so the requirement that the property be “used as if free of the dedication” was not met.
State Farm General Insurance Co. v. Wells Fargo Bank Docket
143 Cal.App.4th 1098 – 1st Dist. (A111643) 10/10/06 Case complete 12/11/06The “superior equities rule” prevents an insurer, who is subrogated to the rights of the insured after paying a claim, from recovering against a party whose equities are equal or superior to those of the insurer. Thus, an insurer may not recover from an alleged tortfeasor where the tortfeasor’s alleged negligence did not directly cause the insured’s loss. The court questioned the continued vitality of the superior equities rule in California, but felt compelled to follow a 1938 Supreme Court case that applied the rule. The court suggests that the Supreme Court should re-address the issue in light of modern day fault principles.
Corona Fruits & Veggies v. Frozsun Foods Docket Sup.Ct. Docket
143 Cal.App.4th 319 – 2nd Dist. (B184507) 9/25/06 Petition for review by Cal Supreme Ct. DENIED 12/20/06UCC: A UCC-1 financing statement filed in the name of Armando Munoz is not effective where the debtor’s true name was Armando Munoz Juarez.
Warren v. Merrill Docket
143 Cal.App.4th 96 – 2nd Dist. (B186698) 9/21/06 Case complete 11/21/06QUIET TITLE: The Court quieted title in plaintiff where title was taken in the real estate agent’s daughter’s name as part of a fraudulent scheme perpetrated by the agent. This is not a significant title insurance case, but I posted it for reference since it involves quiet title.
McKell v. Washington Mutual Docket Sup.Ct. Docket
142 Cal.App.4th 1457 – 2nd Dist. (B176377) 9/18/06 Request for depublication DENIED 1/17/07RESPA: Washington Mutual (i) charged hundreds of dollars in “underwriting fees” when the underwriting fee charged by Fannie Mae and Freddie Mac to WAMU was only $20 and (ii) marked up the charges for real estate tax verifications and wire transfer fees. The court followed Kruse v. Wells Fargo Home Mortgage (2d Cir. 2004) 383 F.3d 49, holding that marking up costs, for which no additional services are performed, is a violation of RESPA. Such a violation of federal law constitutes an unlawful business practice under California’s Unfair Competition Law (“UCL”) and a breach of contract. Plaintiffs also stated a cause of action for an unfair business practice under the UCL based on the allegation that WAMU led them to believe they were being charged the actual cost of third-party services.
Reilly v. City and County of San Francisco Docket Sup.Ct. Docket
142 Cal.App.4th 480 – 1st Dist. (A109062) 8/29/06 Request for depublication DENIED 12/13/06PROPERTY TAX: A change in ownership of real property held by a testamentary trust occurs when an income beneficiary of the trust dies and is succeeded by another income beneficiary. Also, for purposes of determining change in ownership, a life estate either in income from the property or in the property itself is an interest equivalent in value to the fee interest.
Markowitz v. Fidelity Docket Sup.Ct. Docket
142 Cal.App.4th 508 – 2nd Dist. (B179923) 5/31/06 Publication ordered by Cal. Supreme Court 8/30/06ESCROW: Civil Code Section 2941, which permits a title insurance company to record a release of a deed of trust if the lender fails to do so, does not impose an obligation on an escrow holder/title company to record the reconveyance on behalf of the trustee. Citing other authority, the Court states that an escrow holder has no general duty to police the affairs of its depositors; rather, an escrow holder’s obligations are limited to faithful compliance with the parties’ instructions, and absent clear evidence of fraud, an escrow holder’s obligations are limited to compliance with the parties’ instructions. The fact that the borrower had an interest in the loan escrow does not mean that he was a party to the escrow, or to the escrow instructions.
Cebular v. Cooper Arms Homeowners Association Docket Sup.Ct. Docket
142 Cal.App.4th 106 – 2nd Dist. (B182555) 8/21/06 Request for review by Cal Supreme Ct. DENIED 11/15/06; Request to publish Part III, Sec. B filed 10/24/06COVENANTS, CONDITIONS AND RESTRICTIONS: It is not unreasonable for CC&R’s to allocate dues obligations differently for each unit, along with the same allocation of voting rights, even though each unit uses the common areas equally. Although the allocation does not make much sense, courts are disinclined to question the wisdom of agreed-to restrictions.
Bernard v. Foley Docket
39 Cal.4th 794 – Cal. Supreme Court (S136070) (8/21/06)TESTAMENTARY TRANSFERS: Under Probate Code Section 21350, “care custodians” are presumptively disqualified from receiving testamentary transfers from dependent adults to whom they provide personal care, including health services. The Court held that the term “care custodian” includes unrelated persons, even where the service relationship arises out of a preexisting personal friendship rather than a professional or occupational connection. Accordingly, the Court set aside amendments to decedent’s will that were made shortly before decedent’s death, which would have given most of the estate to the care providers.
Regency Outdoor Advertising v. City of Los Angeles Docket
39 Cal.4th 507 – Cal. Supreme Court (S132619) 8/7/06 Modification of Opinion 10/11/06ABUTTER’S RIGHTS: There is no right to be seen from a public way, so the city is not liable for damages resulting from the view of plaintiff’s billboard caused by planting trees along a city street. The court pointed out that a private party who blocks the view of someone’s property by obstructing a public way would be liable to someone in plaintiff’s position.
Kleveland v. Chicago Title Insurance Company Docket Sup.Ct. Docket
141 Cal.App.4th 761 – 2nd Dist. (B187427) 7/24/06 Case complete 10/5/06 Request for depublication DENIED 10/25/06TITLE INSURANCE: An arbitration clause in a title policy is not enforceable where the preliminary report did not contain an arbitration clause and did not incorporate by reference the arbitration clause in the CLTA policy actually issued. (The preliminary report incorporated by reference the provisions of a Homeowner’s Policy of Title Insurance with a somewhat different arbitration clause, but a CLTA policy was actually issued.)
Essex Insurance Company v. Five Star Dye House Docket
38 Cal.4th 1252 – Cal. Supreme Court (S131992) 7/6/06INSURANCE: When an insured assigns a claim for bad faith against the insurer, the assignee may recover Brandt (attorney) fees. Although purely personal causes of action are not assignable, such as claims for emotional distress or punitive damages, Brandt fees constitute an economic loss and are not personal in nature.
Peak Investments v. South Peak Homeowners Association Docket
140 Cal.App.4th 1363 – 4th Dist., Div. 3 (G035851) 6/28/06 Case complete 8/31/06HOMEOWNER’S ASSOCIATIONS: Where CC&R’s require approval by more than 50 percent of owners in order to amend the Declaration, Civil Code Section 1356(a) allows a court, if certain conditions are met, to reduce the percentage of votes required, if it was approved by “owners having more than 50 percent of the votes in the association”. The Court held that the quoted phrase means a majority of the total votes in the HOA, not merely a majority of those votes that are cast.
CTC Real Estate Services v. Lepe Docket
140 Cal.App.4th 856 – 2nd Dist. (B185320) 6/21/06 Case complete 8/23/06TRUSTEE’S SALES: The victim of an identity theft, whose name was used to obtain a loan secured by a purchase money deed of trust to acquire real property, may, as the only claimant, recover undistributed surplus proceeds that remained after a trustee sale of the property and the satisfaction of creditors. The Court pointed out that a victim of theft is entitled to recover the assets stolen or anything acquired with the stolen assets, even if the value of those assets exceeds the value of that which was stolen.
Slintak v. Buckeye Retirement Co. Docket Sup.Ct. Docket
139 Cal.App.4th 575 – 2nd Dist. (B182875) 5/16/06 Request for review by Cal Supreme Ct. DENIED 9/13/06MARKETABLE RECORD TITLE ACT
1) Under Civil Code Section 882.020(a)(1), a deed of trust expires after 10 years where “the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the record”. Here, the October 1992 Notice of Default was recorded and contained the due date of the subject note; thus, the due date is “ascertainable from the record” and the 10-year limitations period of section 882.020(a)(1) applies.2) Under C.C. Section 880.260, if an action is commenced and a lis pendens filed by the owner to quiet or clear title, the running of the 10-year limitations period is reset and a new 10-year limitations period commences on the date of the recording of the lis pendens. After the expiration of the recommenced 10-year period, the power of sale in the trust deed expires.
Preciado v. Wilde Docket Sup.Ct. Docket
139 Cal.App.4th 321 – 2nd Dist. (B182257) 5/9/06 Request for review by Cal Supreme Ct. DENIED 8/16/06ADVERSE POSSESSION: Plaintiffs failed to establish adverse possession against defendant, with whom they held title as tenants in common. Before title may be acquired by adverse possession as between cotenants, the occupying tenant must impart notice to the tenant out of possession, by acts of ownership of the most open, notorious and unequivocal character, that he intends to oust the latter of his interest in the common property. Such evidence must be stronger than that which would be required to establish title by adverse possession in a stranger.
UNPUBLISHED Harbor Pipe v. Stevens
Cal.App. 4th Dist., Div. 3 (G035530) 4/4/06 Case complete 6/6/06JUDGMENTS: A judgment lien against the settlor of a revocable trust attached to trust property where the identity of the settlor is reflected in the chain of title, so a purchaser takes subject to the judgment lien. NOTE: In other words, title companies need to check the names of the settlors in the General Index when title is held in trust.
Aaron v. Dunham Docket Sup.Ct. Docket
137 Cal.App.4th 1244 – 1st Dist. (A109488) 3/15/06 Request for review by Cal Supreme Ct. DENIED 6/21/06PRESCRIPTIVE EASEMENTS: 1) Permission granted to an owner does not constitute permission to a successor. 2) Under Civil Code Section 1008, signs preventing prescriptive rights must be posted by an owner or his agent, so signs posted by a lessee without the knowledge of the owner, do not qualify.
Newmyer v. Parklands Ranch Docket Sup.Ct. Docket
Cal.App. 2nd Dist. (B180461) 3/23/06 Request for review by Cal Supreme Ct. DENIED; CA opinion DECERTIFIED 6/14/06EASEMENTS: The owner of the dominant tenement possessing over the servient tenement an access easement that includes the right to grant other easements for “like purposes” may convey to an owner of property adjoining the dominant tenement an enforceable easement for access over the servient tenement.
Marion Drive LLC v. Saladino Docket Sup.Ct. Docket
136 Cal.App.4th 1432 – 2nd Dist. (B182727) 2/27/06 Request for review by Cal Supreme Ct. DENIED 5/24/06ASSESSMENT LIEN: After a tax sale, the holder of a bond secured by a 1911 Act assessment lien has priority as to surplus tax sale proceeds over a subsequently recorded deed of trust. This is true even though the bond holder purchased the property from the tax sale purchaser. The Court rejected defendant’s argument that fee title had merged with the assessment lien.
Barnes v. Hussa Docket
136 Cal.App.4th 1358 – 3rd Dist. (C049163) 2/24/06 Case complete 4/26/06LICENSES / WATER RIGHTS: The Plaintiff did not overburden a license to run water in a pipeline across defendant’s property where he extended the pipeline to other property he owned because there was no increase in the burden on the servient tenement and no harm to defendants. A couple of interesting things pointed out by the Court are: 1) A person entitled to use water may use it elsewhere as long as others are not injured by the change, and 2) “An irrevocable license . . . is for all intents and purposes the equivalent of an easement.”
***REVERSED***
Mayer v. L & B Real Estate Docket Sup.Ct. Docket
Cal.App. 2nd Dist. (B180540) 2/14/06 REVERSED by Cal Supreme Ct. 6/16/08TAX SALES: The one-year statute of limitations for attacking a tax sale applies to preclude an action by a property owner who had actual notice of the tax sale, even where the tax collector’s conduct was egregious. The Court did not reach the question of whether the tax collector satisfied its due process obligations, but refers to a Supreme Court case which held that the limitations period is enforceable even if the defect is constitutional in nature. That case recognized a limited exception where an owner is in “undisturbed possession” such that the owner lacked any reasonable means of alerting himself to the tax sale proceedings.
Wright Construction Co. v. BBIC Investors Docket Sup.Ct. Docket
136 Cal.App.4th 228 – 1st Dist. (A109876) 1/31/06 Request for review by Cal Supreme Ct. DENIED 4/26/06MECHANICS’ LIENS: A mechanic’s lien is premature and invalid under Civil Code Section 3115 if it is recorded before the contractor “completes his contract”. A contract is complete for purposes of commencing the recordation period under section 3115 when all work under the contract has been performed, excused, or otherwise discharged. Here, because of the tenant’s anticipatory breach of the contract, plaintiff had “complete[d] [its] contract” within the meaning of section 3115 the day before the claim of lien was recorded, so the claim of lien was not premature. In a previous writ proceeding, the Court held that the landlord’s notice of nonresponsibility was invalid under the “participating owner doctrine” because the landlord caused the work of improvement to be performed by requiring the lessee to make improvements.
Torres v. Torres Docket Sup.Ct. Docket
135 Cal.App.4th 870 – 2nd Dist. (B179146) 1/17/06 Request for review by Cal Supreme Ct. DENIED 4/12/06POWER OF ATTORNEY: 1) A statutory form power of attorney is not properly completed where the principal marks the lines specifying the powers with an “X” instead of initials, as required by the form. However, the form is not the exclusive means of creating a power of attorney, so even though it is not valid as a statutory form, it is valid as regular power of attorney. 2) Under Probate Code Section 4264, an attorney in fact may not make a gift of the principal’s property unless specifically authorized to do so in the power of attorney. Here, the principal quitclaimed the property to himself, the other attorney in fact and the principal as joint tenants. However, the court refused to invalidate the conveyance because the plaintiff failed to produce any evidence that the conveyance was not supported by consideration.
Ung v. Koehler Order Modifying Opinion Docket Sup.Ct. Docket
135 Cal.App.4th 186 – 1st Dist. (A109532) 12/28/05 Request for review by Cal Supreme Ct. DENIED 4/12/06TRUSTEE’S SALES:
1. Expiration of the underlying obligation does not preclude enforcement of the power of sale under a deed of trust.
2. A power of sale expires after 60 years or, if the last date fixed for payment of the debt is ascertainable from the record, 10 years after that date.
3. In order to avoid a statutory absurdity, a notice of default that is recorded more than 10 years after “the last date fixed for payment of the debt” does not constitute a part of the “record” for purposes of Civil Code Section 882.020(a).
Trust One Mortgage v. Invest America Mortgage Docket
134 Cal.App.4th 1302 – 4th Dist., Div. 3 (G035111) 12/15/05 Case complete 2/21/06TRUSTEE’S SALES/ANTI-DEFICIENCY: An indemnification agreement is enforceable after a non-judicial foreclosure where the indemnitor is not the same person as the obligor. If the indemnitor and obligor were the same, the indemnity would be void as an attempt to circumvent antideficiency protections.
UNPUBLISHED OPINION
Citifinancial Mortgage Company v. Missionary Foundation Docket
Cal.App. 2nd (B178664) 12/14/05 Case complete 2/16/06MARKETABLE RECORD TITLE ACT: (UNPUBLISHED OPINION) Under Civil Code Section 882.020(a)(1), a deed of trust becomes unenforceable 10 years after the final maturity date, or the last date fixed for payment of the debt or performance of the obligation, if that date is ascertainable from the record. Here, the record showed via an Order Confirming Sale of Real Property that the obligation was due five years after close of escrow. The Court held that since “close of escrow” is an event, and not a date certain, Section 882.020(a)(1) did not apply in spite of the fact that escrow must have closed in order for the deed of trust to have been recorded.
McElroy v. Chase Manhattan Mortgage Corp. Docket
134 Cal.App. 4th 388 – 4th Dist., Div. 3 (G034588) 11/1/05 Case complete 2/1/06TRUSTEE’S SALES: The Court refused to set aside a trustee’s sale where the lender foreclosed after the trustors tendered payment in the form of a “Bonded Bill of Exchange Order”. The Court determined that “the Bill is a worthless piece of paper, consisting of nothing more than a string of words that sound as though they belong in a legal document, but which, in reality, are incomprehensible, signifying nothing.”
The Santa Anita Companies v. Westfield Corporation Docket Sup.Ct. Docket
134 Cal.App.4th 77 – 2nd Dist. (B175820) 11/17/05 Request for review by Cal Supreme Ct. DENIED and DECERTIFIED 01/25/06DEEDS: The 3-year statute of limitations under C.C.P. 338(d) to seek relief on the ground of mistake does not begin to run until discovery of the mistake or receiving facts that would put a reasonable person on notice of the mistake. The fact that carefully reading the deed would have revealed the mistake is not sufficient to charge the plaintiff with notice, so the statute of limitations did not begin to run until plaintiff actually became aware of the error, and this action was therefore timely.
Big Valley Band of Pomo Indians v. Superior Court Docket
133 Cal.App.4th 1185 – 1st Dist. (A108615) 11/1/05 Case complete 1/4/06INDIANS: An employment agreement with an Indian tribe contained the following clause: “Any claim or controversy arising out of or relating to any provisions of this Agreement, or breach thereof, shall . . . be resolved by arbitration under the rules of the American Arbitration Association in San Francisco, California, and judgment on any award by the arbitrators may be entered in any court having such jurisdiction”. The court held that the effect of the arbitration clause as limited to a consent to arbitrate and enforce any award in state court. But this clause was insufficient to waive the tribe’s immunity from a breach of contract action brought in state court. So plaintiffs are apparently free to bring the same breach of contract claims in an arbitration proceeding.
133 Cal.App.4th 1027 – 4th Dist., Div. 3 (G034074) 9/30/05 Case complete 1/3/06STATUTE OF FRAUDS: A sales contract signed on the sellers’ behalf by their real estate agent did not satisfy the Statute of Frauds because the agent did not have written authority to sign for the sellers. However, a contract which must be in writing can be ratified if the ratification is also in writing. Here the sellers ratified the contract by a sufficient written ratification where they subsequently signed disclosure documents that specifically referred to the contract signed by the real estate agent.
Behniwal v. Superior Court Docket
133 Cal.App.4th 1048 – 4th Dist., Div. 3 (G035299) 9/30/05 Case complete 1/3/06LIS PENDENS: (Related to Mix v. Superior Court, several cases below.) Having determined that the plaintiffs have at least a “probably valid” real property claim, the Court issued a peremptory writ of mandate directing the Superior Court to vacate its order expunging the lis pendens. The lis pendens will therefore protect plaintiff’s claim until the time for appeal to the Supreme Court expires or unless the Supreme Court issues its own writ directing that the lis pendens be expunged.
Zipperer v. County of Santa Clara Docket
133 Cal.App.4th 1013 – 6th Dist. (H028455) 9/30/05 (Mod. 10/28/05) Case complete 12/28/05EASEMENTS:
PUBLISHED PORTION: The Solar Shade Control Act provides that “. . . no person owning, or in control of a property shall allow a tree or shrub to be placed, or, if placed, to grow on such property, subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than 10 percent of the collector absorption area”. The County is exempt from the Act because it adopted an ordinance pursuant to a statute allowing cities and counties to exempt themselves from the Act. The Court did not address the issue of whether the act applies where a tree is not “placed” by a property owner.UNPUBLISHED PORTION: A common law easement for light and air generally may be created only by express written instrument. A statutory “solar easement” under Civil Code Section 801.5 may be created only by an instrument containing specified terms. The Court held that the County did not have an obligation to trim trees to avoid shading plaintiff’s solar panels, rejecting several theories asserted by plaintiff.
Fishback v. County of Ventura Docket
133 Cal.App.4th 896 – 2nd Dist. (B177462) 10/26/05 Case complete 1/9/06SUBDIVISION MAP ACT: Under the 1937 and 1943 Subdivision Map Acts, “subdivision” was defined as “any land or portion thereof shown on the last preceding tax roll as a unit or as contiguous units which is divided for the purpose of sale . . . into five or more parcels within any one year period.” The Court makes numerous points interpreting those statutes, some of the most significant being: 1) Once the fifth parcel is created within a one-year period, all the parcels created within that year constitute a subdivision; 2) Even though a unit of land is defined as a unit as shown on the last tax roll preceding the division, that does not mean the unit shown on the last preceding tax roll is a legal parcel, and legal parcels cannot be created by dividing that illegal parcel; and 3) If land is divided for the purpose of sale, it is irrelevant that the retained parcel is not held for the purpose of sale. Thus, for example, if the owner of a unit of land divides it in half, the unit is divided for the purpose of sale even if the owner intends to sell only one half and keep the other.
Attorney General Opinion No. 04-1105
10/3/05ASSESSOR’S RECORDS: County Assessors maintain parcel boundary map data, which is detailed geographic information used to describe and define the precise geographic boundaries of assessor’s parcels. When maintained in electronic format, Assessors must make copies in electronic format available to the public. The fee charged for producing the copy is limited to the direct cost of producing the copy in electronic format, and may not include expenses associated with the county’s initial gathering of the information, with initial conversion of the information into electronic format, or with maintaining the information.
Villacreses v. Molinari Docket Sup.Ct. Docket
132 Cal.App.4th 1223 – 4th Dist., Div. 3 (G034719) 9/26/05 Request for review by Cal Supreme Ct. DENIED 12/14/05ARBITRATION: Section 1298 requires that an arbitration provision in a real estate contract be accompanied by a statutory notice and that the parties indicate their assent by placing their initials on an adjacent space or line. The arbitration notice, standing alone, does not constitute an arbitration provision. So the Defendants could not compel arbitration where the contract contained only the notice, but did not contain a separate arbitration provision.The Court has a good sense of humor. The opinion contains the following memorable quotes:
1. “If the first rule of medicine is ‘Do no harm,’ the first rule of contracting should be ‘Read the documents’.”
2. “. . . to paraphrase the immortal words of a former President of the United States, the applicability of this purported arbitration agreement to the instant dispute ‘depends upon what the meaning of the word “it” is.'”
Campbell v. Superior Court (La Barrie) Docket Sup.Ct. Docket
132 Cal.App.4th 904 – 4th Dist., Div. 1 (D046064) 9/14/05 Request for review by Cal Supreme Ct. DENIED 12/14/05LIS PENDENS: A cause of action for a constructive trust or an equitable lien does not support a lis pendens where it is merely for the purpose of securing a judgment for money damages. [Ed. Note: The Court in this and similar cases make the absolute statement that “an equitable lien does not support a lis pendens”, and explain that the lien is sought merely to secure a money judgment. But it is unclear whether the Court would reach the same conclusion in a pure equitable lien case. For example, where a loan is paid off with the proceeds of a new loan, but the new mortgage accidentally fails to be recorded, an action to impose an equitable lien seeks more than a mere money judgment. It seeks to allow the new lender to step into the shoes of the old lender and, in my opinion, a lis pendens should be allowed.]
Fripp v. Walters Docket Docket Sup.Ct. Docket
132 Cal.App.4th 656 – 3rd Dist. (C046733) 9/7/05 (ONLY PART I CERTIFIED FOR PUBLICATION) Request for review by Cal Supreme Ct. DENIED 11/16/05BOUNDARIES / SURVEYS: A conveyance referring to a parcel map cannot convey more property than the creator of the parcel map owned. The Court rejected Defendant’s claim that the recorded parcel map was a “government sanctioned survey” which precludes a showing that the boundaries established by the parcel map are erroneous. The court explained that the rule cited by Defendants applies only to official survey maps that create boundaries. Boundary lines cannot be questioned after the conveyance of public land to a private party, even if they are inaccurate.
Title Trust Deed Service Co. v. Pearson Docket
132 Cal.App.4th 168 – 2nd Dist (B175067) 8/25/05 Case complete 10/28/05HOMESTEADS: A declared homestead exemption applies to surplus proceeds from a trustee’s sale. [Comment: Applying the declared homestead exemption to trustee’s sales is fine. But the Court also seems to want to pay surplus proceeds to the debtor up to the amount of the exemption before paying the holder of a junior trust deed. This should be wrong since the homestead exemption does not apply to voluntary liens. I think the Court does not adequately address what appears to me to be a circuity of priority problem: The homestead exemption is senior to the judgment lien, which in this case happens to be senior to a junior TD, which is senior to the homestead exemption.]
In re Marriage of Benson Docket
36 Cal.4th 1096 – Cal. Supreme Court (S122254) 8/11/05COMMUNITY PROPERTY: The doctrine of partial performance, which is an exception to the Statute of Frauds, is not an exception to the requirement of Family Code Section 852 that an agreement to transmute property be in writing. The concurring opinion points out that the Court does not decide what statutory or equitable remedy would be available to make whole a spouse who has been disadvantaged by an illusory oral promise to transmute property, or what sanction may be employed against a spouse who has used section 852(a) as a means of breaching his or her fiduciary duty and gaining unjust enrichment.
First Federal Bank v. Fegen Docket
131 Cal.App.4th 798 – 2nd Dist. (B174252) 7/29/05 Case complete 9/29/05JUDGMENTS: The Court dismissed an appeal as being moot where the debtor did not post a bond after a sheriff’s sale of real property. C.C.P. Section 917.4 provides that an appeal of an order directing the sale of real property does not stay enforcement of the order. A sheriff’s sale is final, except that the debtor can commence an action within 90 days to set aside the sale if the judgment creditor is the successful bidder. Here, the debtor failed to file an action within 90 days so the sale is final.
Bear Creek Master Association v. Edwards Docket Sup.Ct. Docket
130 Cal.App.4th 1470 – 4th Dist. Div. 2 (E034859) 7/13/05 Request for review by Cal Supreme Ct. DENIED 10/19/05CONDOMINIUMS: The definition of “condominium” in Civil Code Section 1351(f) does not require that an actual structure has been built; rather it only requires that it be described in a recorded condominium plan. (Note, however, that under CC 1352 the condominium does not come into existence until a condominium unit has been conveyed.) The case also contains an extensive discussion of the procedural requirements for foreclosing on an assessment lien recorded by the homeowner’s association.
Woodridge Escondido Property Owners Assn. v. Nielsen Docket Sup.Ct. Docket
130 Cal.App.4th 559 – 4th Dist. Div. 1 (D044294) 5/25/05 (pub. order 6/16/05) Request for review by Cal Supreme Ct. DENIED 8/31/05CC&R’s: A provision in CC&R’s that prohibited construction of a permanent structure in an easement area applied to a deck because it was attached to the house and had supporting posts that were buried in the ground, such that it was designed to continue indefinitely without change and was constructed to last or endure.
Beyer v. Tahoe Sands Resort Docket
129 Cal.App.4th 1458 – 3rd Dist. (C045691) 6/8/05 Case complete 8/8/05EASEMENTS: California Civil Code Section 805 provides that a servitude cannot be held by the owner of the servient tenement. The Court held that the term “owner” under Section 805 means the owner of the full fee title, both legal and equitable, such that a property owner who owns less than full title may validly create easements in his own favor on his land. Here, the Court held that the grantor could reserve an easement over property conveyed to a time-share trustee where the grantor held all beneficial interest in the trust and the grantee held just bare legal title.
Bank of America v. La Jolla Group Docket Sup.Ct. Docket
129 Cal.App.4th 706 – 5th Dist. (F045318) 5/19/05 Request for review by Cal Supreme Ct. DENIED 9/7/05TRUSTEE’S SALES: A trustee’s sale, which was accidentally held after the owner and lender agreed to reinstate the loan, is invalid. The conclusive presumptions in Civil Code Section 2924 pertain only to notice requirements, not to every defect or inadequacy. The Court points out that the advantages of being a bona fide purchaser are not limited to the presumptions set forth in Section 2924, but does not discuss it further because the defendant did not argue that its bona fide purchaser status supports its position in any way other than the statutory presumptions.
Zabrucky v. McAdams Docket
129 Cal.App.4th 618 – 2nd Dist. (B167590) 5/18/05 Case complete 7/20/05COVENANTS, CONDITIONS & RESTRICTIONS: The Court interpreted a provision in CC&R’s to prohibit an addition to a house which would unreasonably obstruct a neighbor’s view. The Court painstakingly nit-picked through the provisions of the CC&R’s and compared the provisions and the facts to other cases where courts have done the same. The main conclusion I draw is that these cases are each unique and it is very difficult to determine in advance what a court will do. In fact, one judge dissented in this case. This means it can be very dangerous to issue endorsements such as CLTA Endorsement No. 100.6 or 100.28, insuring against this kind of provision in CC&R’s.
Anolik v. EMC Mortgage Corp. Docket Sup.Ct. Docket
Cal.App. 3rd Dist. (C044201) 4/29/05 (Mod. 5/26/05) Request for review by Cal Supreme Ct. DENIED and DECERTIFIED 8/10/05***DECERTIFIED***
TRUSTEE’S SALES:
1. To be valid, a notice of default must contain at least one correct statement of a breach, and it must be substantial enough to authorize use of the drastic remedy of nonjudicial foreclosure.
2. An assertion in a notice of default of one or more breaches qualified with the words “if any” does not satisfy the requirements of section 2924 because it indicates that the lender has no clue as to the truth or falsity of the assertion.
3. It is not proper to declare a payment in default when the time for imposing a late fee on that payment has not expired because the default is not sufficiently substantial at that point.
4. Under Civil Code Section 2954, a lender cannot force impound payments for property taxes until the borrower has failed to pay two consecutive tax installments.
Kangarlou v. Progressive Title Company Docket
128 Cal.App.4th 1174 – 2nd Dist. (B177400) 4/28/05 Case complete 6/29/05ESCROW: 1. Under Civil Code Section 1717, plaintiff can recover attorney’s fees after prevailing in an action against the escrow holder, even though the escrow instructions limited attorney’s fees to actions to collect escrow fees.
2. Under Business and Professions Code Section 10138, an escrow holder has a duty to obtain evidence that a real estate broker was regularly licensed before delivering compensation.
Paul v. Schoellkopf Docket Sup.Ct. Docket
128 Cal.App.4th 147 – 2nd Dist. (B170379) 4/5/05 Request for review by Cal Supreme Ct. DENIED 6/15/05ESCROW: A provision for attorneys’ fees in escrow instructions limited to fees incurred by the escrow company in collecting for escrow services does not apply to other disputes between the buyer and seller.
Knight v. Superior Court Docket Sup.Ct. Docket
128 Cal.App.4th 14 – 3rd Dist. (C048378) 4/4/05 Request for review by Cal Supreme Ct. DENIED 6/29/05DOMESTIC PARTNERSHIPS: Family Code Section 308.5, enacted by Proposition 22, 3/7/00, states: “Only marriage between a man and a woman is valid or recognized in California.” This statute did not prohibit the legislature from enacting California’s Domestic Partnership Law, Family Code Section 297, et seq., because Section 308.5 pertains only to marriages, not to other relationships.
Estate of Seifert Docket Sup.Ct. Docket
128 Cal.App.4th 64 – 3rd Dist. (C046456) 4/4/05 Request for review by Cal Supreme Ct. DENIED 6/22/05ADVERSE POSSESSION: A fiduciary, including an executor, may not acquire title by adverse possession against the heirs. Once the executor was appointed, the statutory period for his adverse possession of the subject property ceased to run.
Melendrez v. D & I Investment Docket Sup.Ct. Docket
127 Cal.App.4th 1238 – 6th Dist. (H027098) 3/29/05 Request for review by Cal Supreme Ct. DENIED 6/22/05 TRUSTEE’S SALES: A trustee’s sale cannot be set aside where the purchaser at the sale is a bona fide purchaser (“BFP”). The elements of being a BFP are that the buyer 1) purchase the property in good faith for value, and 2) have no knowledge or notice of the asserted rights of another. The value paid may be substantially below fair market value. Also, the buyer’s sophistication and experience in purchasing at trustee’s sales does not disqualify him from being a BFP, although in evaluating whether the buyer is a BFP, the buyer’s foreclosure sale experience may be considered in making the factual determination of whether he had knowledge or notice of the conflicting claim.
Radian Guaranty v. Garamendi Docket Sup.Ct. Docket
127 Cal.App.4th 1280 – 1st Dist. (A105789) 3/29/05 Request for review by Cal Supreme Ct. DENIED 7/20/05TITLE INSURANCE: Radian’s Lien Protection Policy constitutes title insurance pursuant to Insurance Code Section 12340.1. Because Radian does not possess a certificate of authority to transact title insurance, it is not authorized to sell the policy in California or anywhere else in the United States, pursuant to California’s monoline statutes: Ins. Code Section 12360 (title insurance) and Ins. Code Section 12640.10 (mortgage guaranty insurance).
Gardenhire v. Superior Court Docket Sup.Ct. Docket
128 Cal.App.4th 426a – 6th Dist. (H026601) 3/22/05 Request for review by Cal Supreme Ct. DENIED 6/8/05TRUSTS: A trust can be revoked by a will where the trust provided for revocation by “any writing” and the will expressed a present intent to revoke the trust. The Court pointed out that a will, which is inoperative during the testator’s life, can nevertheless have a present and immediate effect upon delivery, such as notice of intent to revoke.
Jones v. Union Bank of California Docket Sup.Ct. Docket
127 Cal.App.4th 542 – 2nd Dist. (B173302) 3/11/05 Request for review by Cal Supreme Ct. DENIED 6/8/05When a lender successfully defends an action to set aside or enjoin a foreclosure sale, the antideficiency provisions of C.C.P. Section 580d do not prohibit an award of attorney fees. In addition, Civil Code sections 2924c and 2924d do not limit the amount of fees the court may award.
O’Toole Company v. Kingsbury Court HOA Docket
126 Cal.App.4th 549 – 2nd Dist. (B172607) 2/3/05 Case complete 4/8/05HOMEOWNER’S ASSOCIATIONS: In a suit to enforce a judgment, the trial court properly appointed a receiver and levied a special emergency assessment when defendant-homeowners association failed to pay. The Court pointed out that regular assessments are exempt from execution, but not special assessments.
State of California ex rel. Bowen v. Bank of America Docket Sup.Ct. Docket
126 Cal.App.4th 225 – 2nd Dist. (B172190) 1/31/05 Request for review by Cal Supreme Ct. DENIED 5/18/05ESCHEAT: This is a qui tam action filed on behalf of the State Controller. The court held that unused reconveyance fees do not need to be escheated because the obligation to return a specific sum of money is neither certain nor liquidated under Civil Code Section 2941 or under the provisions of the deeds of trust. This case was against lenders and I believe it would not apply in the context of escrow and title insurance.
Van Klompenburg v. Berghold Docket Sup.Ct. Docket
126 Cal.App.4th 345 – 3rd Dist. (C045417) 1/31/05 Request for review by Cal Supreme Ct. DENIED 5/11/05EASEMENTS: Where the grant of easement states that the right of way shall be “kept open” and “wholly unobstructed”, the normal rule does not apply, which would otherwise allow the owner of the servient estate to erect a locked gate as long as the owner of the dominant estate is given a key and the gate does not unreasonably interfere with the use of the easement.
State of California v. Old Republic Title Company Docket Sup.Ct. Docket
125 Cal.App.4th 1219 – 1st Dist. (A095918) 1/20/05 NOTE: request for order directing republication of court of appeal opinion DENIED 8/16/06.
Overruled in part on issue not significant to title insurance – SEE BELOW.TITLE INSURANCE: Old Republic was found liable for 1) failing to escheat unclaimed funds in escrow accounts, 2) failing to return fees collected for reconveyances which were not used and 3) failing to pay interest collected on escrow funds to the depositing party.Of particular interest, the Court stated:
“Insurance Code Section 12413.5 provides that interest on escrow funds must be paid to the depositing party ‘unless the escrow is otherwise instructed by the depositing party . . . .’ Any title company is free to draft escrow instructions that, with full disclosure to and agreement from the depositing party, direct that the arbitrage interest differential be paid to the company. It is a matter of disclosing the pertinent costs and benefits to the customer.”
State of California v. PriceWaterhouseCoopers
39 Cal.4th 1220 – Cal. Supreme Court (S131807) 8/31/06
FALSE CLAIMS ACT: A political subdivision may not bring an action under Government Code section 12652, subdivision (c), to recover funds on behalf of the state or another political subdivision.
Frei v. Davey Docket
124 Cal.App.4th 1506 – 4th Dist., Div. 3 (G033682) 12/17/04 Case complete 2/22/05CONTRACTS: Under the most recent version of the CAR purchase contract, the prevailing party is barred from recovering attorney fees if he refused a request to mediate.
Mix v. Superior Court Docket Sup.Ct. Docket
124 Cal.App.4th 987 – 4th Dist., Div. 3 12/7/04 (G033875) Request for review by Cal Supreme Ct. DENIED 2/16/05LIS PENDENS: (Related to Behniwal v. Superior Court, several cases above.) After the claimant loses at trial, the trial court must expunge a lis pendens pending appeal unless claimant can establish by a preponderance of the evidence the probable validity of the real property claim. Claimants will rarely be able to do this because it requires a trial court to determine that its own decision will probably be reversed on appeal. The court points out that this strict result is tempered by claimant’s ability to petition the appellate court for a writ of mandate, so that the appellate court can make its own determination of the probability of the trial court’s decision being reversed on appeal.
D’Orsay International Partners v. Superior Court Docket Sup.Ct. Docket
123 Cal.App.4th 836 – 2nd Dist. 10/29/04 (B174411) Request for review by Cal Supreme Ct. DENIED 1/26/05MECHANIC’S LIENS: The court ordered the release of a mechanic’s lien because there was no actual visible work on the land or the delivery of construction materials. The criteria applicable to a design professional’s lien do not apply where the claimant filed a mechanic’s lien. The court specifically did not address the question of whether a contractor performing design services or employing design professionals may assert a design professionals’ lien.
Gibbo v. Berger Docket Sup.Ct. Docket
123 Cal.App.4th 396 – 4th Dist., Div. 2 10/22/04 (E035201) Case complete 12/27/04 Req. for Depublication by Cal. Supreme Ct. DENIED 2/16/05USURY: The usury exemption for loans arranged by real estate brokers does not apply where the broker functioned as an escrow whose involvement was limited to preparing loan documents on the terms provided by the parties, ordering title insurance, and dispersing funds, all in accordance with the parties’ instructions. In order to “arrange a loan” the broker must act as a third party intermediary who causes a loan to be obtained or procured. Such conduct includes structuring the loan as the agent for the lender, setting the interest rate and points to be paid, drafting the terms of the loan, reviewing the loan documents, or conducting a title search.
Knapp v. Doherty Docket
123 Cal.App.4th 76 – 6th Dist. 9/20/04 (H026670) Case complete 12/21/04TRUSTEE’S SALES:
1. Civil Code Section 2924 requires the trustee to give notice of sale only “after the lapse of the three months” following recordation of the notice of default. The Notice of Sale technically violated this requirement because it was served by mail on the property owner several days prior to the end of three months. However, this did not invalidate the sale because the owner did not suffer prejudice from the early notice.
2. Incorrectly stating the date of the default in the Notice of Default did not invalidate the sale because the discrepancy was not material.
Royal Thrift and Loan v. County Escrow Docket
123 Cal.App.4th 24 – 2nd Dist. 10/15/04 (B165006) Case complete 12/16/04TRUSTEE’S SALES:
1. Postponements of a trustee’s sale during an appeal were reasonable, so they do not count toward the 3-postponement limit of Civil Code Section 2924g(c)(1). The postponements fall under the “stayed by operation of law” exception. However, the Court recognized that the better course would have been to re-notice the trustee’s sale after the appeal.
2. The court indicated that an appeal from an action to quiet title against a deed of trust should stay the trustee’s sale proceedings under Code of Civil Procedure Section 916 pending the appeal. However, the court did not formally make that holding because the owner did not appeal and the issues involving the appellants (escrow holder and bonding company) did not require a holding on that issue.
Tesco Controls v. Monterey Mechanical Co. Docket
124 Cal.App.4th 780 – 3rd Dist. 12/6/04 (C042184) (Opinion on rehearing) Case complete 2/7/05MECHANIC’S LIENS: A mechanic’s lien release that waives lien rights up to the date stated in the release is effective to waive lien rights up to that date, even if the progress payments did not fully compensate the lien claimant.
Gale v. Superior Court Docket
122 Cal.App.4th 1388 – 4th Dist., Div. 3 10/6/04 (G033968) (Mod. 10/22/04) Rehearing Denied 10/22/04; Case Complete 12/10/04LIS PENDENS / DIVORCE
1. The automatic stay contained in a divorce summons does not apply to the sale by the husband, as managing member of a family-owned management company, of real property vested in the management company.
2. A petition for dissolution of marriage which does not allege a community interest in specific real property does not support the filing of a lis pendens.
Nwosu v. Uba Docket
122 Cal.App.4th 1229 – 6th Dist. 10/1/04 (H026182) Case complete 12/01/04The court held that a transaction was a bona fide sale and not an equitable mortgage. The complicated facts provide little of interest to the title insurance business, other than to note the fact that a deed can be held to be a mortgage if the deed was given to secure a debt. The case contains a good discussion of the distinction between legal claims, for which there is a right to a jury trial, and equitable claims, for which there is no right to a jury trial.
Moores v. County of Mendocino Docket
122 Cal.App.4th 883 – 1st Dist. 9/24/04 (A105446) Case complete 11/24/04SUBDIVISION MAP ACT: The enactment of an ordinance requiring the County to record notices of merger did not result in the unmerger of parcels that had previously merged under the County’s previous automatic merger ordinance. The County properly sent a subsequent notice under Gov. Code Section 66451.302 notifying property owners of the possibility of a merger. Accordingly, plaintiff’s parcels remain merged.
Larsson v. Grabach Docket Sup.Ct. Docket
121 Cal.App.4th 1147 – 5th Dist. 8/25/04 (F042675) Request for review by Cal Supreme Ct. DENIED 12/15/04EASEMENTS: An easement by implication can be created when an owner of real property dies intestate and the property is then divided and distributed to the intestate’s heirs by court decree.
Felgenhauer v. Soni Docket
121 Cal.App.4th 445 – 2nd Dist. 8/5/04 (B157490) Case complete 10/8/04PRESCRIPTIVE EASEMENTS: To establish a claim of right, which is one of the elements necessary to establish a prescriptive easement, the claimant does not need to believe he is entitled to use of the easement. The phrase “claim of right” has caused confusion because it suggests the need for an intent or state of mind. But it does not require a belief that the use is legally justified; it simply means that the property was used without permission of the owner of the land.
Jonathan Neil & Assoc. v. Jones Docket
33 Cal.4th 917 – Cal. Supreme Court (S107855) 8/5/04 (Mod. 10/20/04)INSURANCE: A tort action for breach of the duty of good faith and fair dealing exists only in regard to the issues of bad faith payment of claims and unreasonable failure to settle. It does not pertain to the general administration of an insurance policy or to other contract settings. In this case, a tort cause of action does not lie for the insurer’s bad faith conduct in setting an unfairly high insurance premium.
Bello v. ABA Energy Corporation Docket
121 Cal.App.4th 301 – 1st Dist. 8/2/04 (A102287) Case complete 10/6/04RIGHTS OF WAY: A grant of a public right of way includes uses made possible by future development or technology, which are not in existence at the time of the grant. Here, the Court held that a right of way included the right to install a pipeline to transport natural gas.
California National Bank v. Havis Docket
120 Cal.App.4th 1122 – 2nd Dist. 7/23/04 (B167152) Case complete 9/22/04DEEDS OF TRUST: A bank holding a deed of trust holder was paid outside of escrow with a check. The bank sent a letter to escrow stating that it had “received payoff funds . . . it is our policy to issue the Full Reconveyance 10 days after receipt of the payoff check. Therefore, a Full Reconveyance will be sent to the County Recorder on or about August 5, 2002”. The escrow relied on the letter and closed escrow without paying off the lender. The check bounced and the lender began foreclosure.The Court reversed a summary judgment in favor of defendants, holding that the letter did not constitute a payoff demand statement binding on the bank under CC 2943. The Court determined that there was a triable issue of fact as to whether the parties could reasonably have relied on the letter. [Ed. note: The Court exhibited a scary lack of understanding of real estate transactions, and could not come to grips with the fact that reconveyances from institutional lenders never record at close of escrow.]
Kirkeby v. Sup. Ct. (Fascenelli) Docket
33 Cal.4th 642 – Cal. Supreme Court 7/22/04 (S117640)LIS PENDENS: An action to set aside a fraudulent conveyance supports the recording of a lis pendens. The court stated that “[b]y definition, the voiding of a transfer of real property will affect title to or possession of real property”. (Ed. note: Several appellate court decisions have held that actions to impose equitable liens and constructive trusts do not support a lis pendens. The Supreme Court did not deal with those issues but it seems that, using the court’s language, it could similarly be said that “by definition imposing an equitable lien or constructive trust will affect title to or possession of real property.”)
Tom v. City and County of San Francisco Docket Sup.Ct. Docket
120 Cal.App.4th 674 – 1st Dist. 6/22/04 (A101950) Request for review by Cal Supreme Ct. DENIED 10/13/04TENANCY IN COMMON AGREEMENTS: In order to evade burdensome regulations for converting apartments to condominiums, it has become a common practice in San Francisco for a group of people to acquire a multi-unit residential building and enter into a tenancy in common agreement establishing an exclusive right of occupancy for each dwelling unit. Seeking to end this practice, the People’s Republic of San Francisco enacted an ordinance prohibiting exclusive right of occupancy agreements. The Court held that the ordinance is unconstitutional because it violates the right of privacy set forth in Article I, section I of the California Constitution.
California Attorney General Opinion No. 03-1108
6/9/04RECORDING: A memorandum of lease is a recordable instrument.
Yeung v. Soos Docket
119 Cal.App.4th 576 – 2nd Dist. 6/16/04 (B165939) (Mod. 7/2/04) Case complete 9/10/04QUIET TITLE: A default judgment after service by publication is permissible in a quiet title action. However, the judgment may not be entered by the normal default prove-up methods; the court must require evidence of the plaintiff’s title, including live witnesses and complete authentication of the underlying real property records. Nevertheless, the judgment is not rendered void because the default prove-up method was used rather than an evidentiary hearing.
Villa de Las Palmas HOA v. Terifaj Docket
33 Cal.4th 73 – Cal. Supreme Court 6/14/04 (S109123)RESTRICTIONS: Use restrictions in amended declarations are binding on owners who purchased prior to recordation of the amendment. They are also subject to the same presumption of validity as the original declaration.
In re Marriage of Gioia Docket
119 Cal.App.4th 272 – 2nd Dist. 6/9/04 (B166803) Case complete 8/11/04BANKRUPTCY: A bankruptcy trustee’s notice of abandonment of property was effective even though it was ambiguous because it did not specifically state that the trustee will be deemed to have abandoned the property 15 days from the date of mailing of the notice. The court also states that an abandonment is irrevocable even if the property later becomes more valuable.
Dieckmeyer v. Redevelopment Agency of Huntington Beach Docket Sup.Ct. Docket
127 Cal.App.4th 248 – 4th Dist., Div. 3 2/28/05 (G031869) (2nd Opinion) Case complete 5/5/05DEEDS OF TRUST: Where a deed of trust secures both payment of a promissory note and performance of contractual obligations (CC&R’s in this case), the trustor is not entitled to reconveyance of the deed of trust after the note is paid off, but before the contractual obligations are satisfied.
Textron Financial v. National Union Fire Insurance Co. Docket Sup.Ct. Docket
118 Cal.App.4th 1061 – 4th Dist., Div. 3 5/20/04 (G020323) (Mod. 6/18/04) Req. for rev. and depub. by Cal Supreme Ct. DENIED 9/15/04INSURANCE / PUNITIVE DAMAGES:
1. The amount of attorney’s fees incurred by an insured in obtaining policy benefits and recoverable under Brandt v. Sup. Ct. are limited to the fees under the contingency fee agreement between the insured and its counsel, and not a higher figure based on the reasonable value of the attorney’s services.
2. Punitive damages must be based on compensatory damages awarded for tortious conduct, including breach of the implied covenant of good faith and fair dealing, excluding the sum recovered on the breach of contract claim.
3. When compensatory damages are neither exceptionally high nor low, and the defendant’s conduct is neither exceptionally extreme nor trivial, the outer constitutional limit on the amount of punitive damages is approximately four times the amount of compensatory damages.
4. The wealth of a defendant cannot justify an otherwise unconstitutional punitive damages award.
Blackburn v. Charnley Docket Sup.Ct. Docket
117 Cal.App.4th 758 – 2nd Dist. 4/8/04 (B166080) Request for review by Cal Supreme Ct. DENIED 7/21/04SPECIFIC PERFORMANCE: Specific performance is available even though the contract referred to lots which had not yet been subdivided. This violation of the Subdivision Map Act made the contract voidable at the option of the buyer, who chose to enforce the contract instead. The requirement in the standard CAR contract to mediate in order to collect attorney’s fees does not apply where an action is filed in order to record a lis pendens and where mediation was conducted pursuant to the court’s own practices.
Hedges v. Carrigan Docket
117 Cal.App.4th 578 – 2nd Dist. 4/6/04 (B166248) Case complete 6/11/04ARBITRATION: The Federal Arbitration Act preempts C.C.P. Section 1298, which requires that an arbitration clause in a real estate contract contain a specified notice and be in a specified type size. Preemption requires that the transaction affect interstate commerce, which the court found existed because the anticipated financing involved an FHA loan, and the purchase agreement was on a copyrighted form that stated it could only be used by members of the National Association of Realtors. [Ed. note: the form does not say that!] However, in the unpublished portion of the opinion, the court held that the arbitration clause could not be enforced because it required that the parties initial it in order to acknowledge their agreement to arbitration, and they did not all do so. [Ed. note: the concurring opinion makes much more sense than the majority opinion!]
Kapner v. Meadowlark Ranch Assn. Docket
116 Cal.App.4th 1182 – 2nd Dist. 3/17/04 (B163525) Case complete 5/25/04ADVERSE POSSESSION / PRESCRIPTIVE EASEMENTS: A prescriptive easement cannot be established where the encroacher’s use is exclusive. The Court affirmed the trial court’s order requiring the property owner to sign an encroachment agreement or remove the encroachment.
Harrison v. Welch Docket Sup.Ct. Docket
116 Cal.App.4th 1084 – 3rd Dist. 3/12/04 (C044320) Request for depublication DENIED 6/23/04ADVERSE POSSESSION / PRESCRIPTIVE EASEMENTS:
1) In the uncertified Part I of the opinion, the court rejected Defendant’s claim of adverse possession because real property taxes were not paid on any area outside of Defendant’s lot. The court rejected defendant’s creative argument that real property taxes were paid on all land within the setback area where defendant’s house was 3-1/2 feet from the property line, and a zoning ordinance required a 5-foot setback.
2) A prescriptive easement cannot be established where the encroacher’s use is exclusive. The opinion contains an excellent discussion of the case law on this issue.
3) The 5-year statute of limitations in C.C.P. Sections 318 and 321, within which a plaintiff must bring an action to recover real property, does not commence until the encroacher’s use of the property has ripened into adverse possession.
Brizuela v. CalFarm Insurance Company Docket Sup.Ct. Docket
116 Cal.App.4th 578 – 2nd Dist. 3/3/04 (B160875) Review by Cal Supreme Ct. DENIED 6/9/04INSURANCE: Where an insurance policy requires an insured who has filed a claim to submit to an examination under oath, that obligation is a condition precedent to obtaining benefits under the policy. The insurer is entitled to deny the claim without showing it was prejudiced by the insured’s refusal.
Hanshaw v. Long Valley Road Assn. Docket Sup.Ct. Docket
116 Cal.App.4th 471 – 3rd Dist. 3/2/04 (C041796) Review by Cal Supreme Ct. DENIED 5/19/04PUBLIC STREETS: An offer of dedication of a public street that is not formally accepted may, nevertheless, be accepted by subsequent public use. This is known as common law dedication. However, counties have a duty to maintain only those roads that are “county roads”, and a public road does not become a county road unless specifically accepted as such by the appropriate resolution of the Board of Supervisors.
Miner v. Tustin Avenue Investors Docket
116 Cal.App.4th 264 – 4th Dist., Div.3 2/27/04 (G031703) Case complete 5/4/04LEASES / ESTOPPEL CERTIFICATES: A lease contained an option to renew for 5 years, but the tenant signed an estoppel certificate stating that the lease was in full force and effect, and that the tenant had no options except the following: (blank lines that followed were left blank). The Court held that the tenant was not bound by the estoppel certificate because it was ambiguous as to whether it referred only to options outside of the lease or whether the tenant had somehow given up his option rights.
Tremper v. Quinones Docket
115 Cal.App.4th 944 – 2nd Dist. 2/17/04 (B165218) Case complete 5/3/04GOOD FAITH IMPROVER: Attorney’s fees and costs may be included in the calculation of damages awarded against a person bringing an action as a good faith improver under C.C.P. Section 871.3, regardless of whether the costs and fees were incurred in prosecuting a complaint or defending against a cross complaint, and even where the good faith improver issues are part of a quiet title action which would not ordinarily support an award of attorney’s fees and costs.
Kertesz v. Ostrovsky Docket
115 Cal.App.4th 369 – 4th Dist., Div.3 1/28/04 (G030640) Case complete 4/2/04JUDGMENTS / BANKRUPTCY: The time for renewing a judgment was 10 years from entry of the judgment, plus the amount of time between the debtor’s filing of a bankruptcy petition and the date of the Bankruptcy Court’s order of nondischargeability, plus an additional 30 days under Bankruptcy Code Section 108(c). The court reached this conclusion even though the judgment was entered before the bankruptcy petition was filed, and the 10-year period for renewing the judgment expired long after the bankruptcy was closed.NOTE: I believe the judge misunderstood the automatic stay and Bankruptcy Code Section 108(c). I do not believe the automatic stay applies when a period of time for taking an action commences prior to bankruptcy, and expires after the bankruptcy case is closed.
Rancho Santa Fe Association v. Dolan-King Docket Sup.Ct. Docket
115 Cal.App.4th 28 – 4th Dist., Div.1 1/7/04 (D040637/D041486) Pet. for Review by Cal Supreme Ct. DENIED 4/28/04HOMEOWNER’S ASSOCIATIONS: Regulations adopted and interpreted by a Homeowner’s Association must be reasonable from the perspective of the entire development, not by determining on a case-by-case basis the effect on individual homeowners.
Gray Cary Ware & Freidenrich v. Vigilant Insurance Co. Docket
114 Cal.App.4th 1185 – 4th Dist., Div.1 1/12/04 (D041811) Case complete 3/15/04INSURANCE: Civil Code Section 2860(c) provides for the arbitration of disputes over the amount of legal fees or the hourly billing rate of Cumis counsel, but does not apply to other defense expenses.
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Shame on you, Tony Campolo: Darwin was not racist
Tony Campolo is an evangelical Christian, a sociology professor and preacher who for the past 15 years or so has been a thorn in the side of political conservatives and other evangelicals, for taking generally more liberal stands, against poverty, for tolerance in culture and politics, and so on. His trademark sermon is an upbeat call to action and one of the more plagiarized works in Christendom, “It’s Friday, but Sunday’s Coming” (listen to it here).
Rev. Tony Campolo; photo from Berean Research.
Since he’s so close to the mainstream of American political thought, Campolo is marginalized by many of the more conservative evangelists in the U.S. Campolo is not a frequent guest on the Trinity Broadcast Network, on Pat Robertson’s “700 Club,” nor on the white, nominally-Christian, low-budget knock-off of “Sabado Gigante!,” “Praise the Lord” (with purple hair and everything).
Campolo came closest to real national fame when he counseled President Bill Clinton on moral and spiritual issues during the Lewinsky scandal.
His opposite-editorial piece in the Philadelphia Inquirer yesterday, “The real danger in Darwin is not evolution, but racism,” is out of character for Campolo as a non-conservative evangelistic thinker — far from what most Christians expect from Campolo either from the pulpit or in the college classroom. The piece looks as though it was lifted wholesale from Jerry Falwell or D. James Kennedy, showing little familiarity with the science or history of evolution, and repeating canards that careful Christians shouldn’t repeat.
Campolo’s piece is inaccurate in several places, and grossly misleading where it’s not just wrong. He pulls out several old creationist hoaxes, cites junk science as if it were golden, and generally gets the issue exactly wrong.
Evolution science is a block to racism. It has always stood against racism, in the science that undergirds the theory and in its applications by those scientists and policy makers who were not racists prior to their discovery of evolution theory. Darwin himself was anti-racist. One of the chief reasons the theory has been so despised throughout the American south is its scientific basis for saying whites and blacks are so closely related. This history should not be ignored, or distorted.
Shame on you, Tony Campolo.
I’ll offer some quick comments to point Dr. Campolo to the straight and narrow.
Posted on Sun, Jan. 20, 2008
The real danger in Darwin is not evolution, but racism
Tony Campolo is professor emeritus of sociology at Eastern University and served as pastoral counselor to former President Clinton Many who support the separation of church and state say that the intelligent design theory of creation ought not to be taught in public schools because it contains a religious bias. They dislike its suggestion that the evolutionary development of life was not the result of natural selection, as Charles Darwin suggested, but was somehow given purposeful direction and, by implication, was guided by God.
Arguing for what they believe is a nonprejudicial science, they contend that children in public schools should be taught Darwin’s explanation of how the human race evolved, which they claim is value-free and depends solely on scientific evidence.
Intelligent design shouldn’t be taught in science classes anywhere because it is academically sterile, and corrupt. It shouldn’t be taught in science classes because it has no basis in science. It shouldn’t be taught to Christians because it depends on distorting the views and facts of science — lying, in essence and fact — and it’s really crappy theology, requiring a creator who is deceptive, a creator who is contrary to Christian theology.
Evolution theory is not value free at all. It depends on honesty and openness in the practice of science an in instructing students in what the science is and how it works. Evolution depends on the democratic basis of modern science, where anyone can get in the doors of the halls of science simply by doing the work to gather the facts, either observing nature, or devising experiments testing nature on the lab bench.
Intelligent design’s values, to the extent they are counter to the values of honesty and openness in science, are also contrary to Christian theology.
So intelligent design strikes out as science, as good values, and as theology. We advocates of evolution don’t urge value-free science. Integrity is vitally important to science, so much so that we have made it illegal to lie about science in federally-funded research (which is one barrier to intelligent design research with public monies), and we have established by tradition, law and culture, peer review processes to establish accuracy in research reporting, and to find and stamp out error and fraud.
Theologists could learn a bit about values from scientists.
In terms of science, Darwin’s account may be solid indeed. But value free? Nothing could be further from the truth – and that’s where the problem lies.
Some creationists fear Darwin because his theories contradict their literal biblical belief that creation occurred in six 24-hour days. But they do not get at the real dangers of Darwinism. They do not realize that an explanation of the development of biological organisms over eons of time really does not pose the great threat to the dignity of our humanity that they suppose. Instead, they, along with the rest of us, should really fear the ethical implications of Darwin’s original writings.
Look out! Campolo is about to adopt some of the falsehoods of anti-science advocates. He needs to tread more knowledgeably here.
In reality, those writings express the prevalent racism of the 19th century and endorse an extreme laissez-faire political ideology that legitimizes the neglect of the suffering poor by the ruling elite.
No. Darwin’s writings do not show the sensitivity of a 21st century feminist member of the National Association for the Advancement of Colored People (NAACP), but they are remarkably anti-racist for the 19th century, and for much of the 20th century. Stripped of archaic language conventions of the 19th century in which he wrote, Darwin’s work is amazingly progressive.
Darwin despised the sociologist Herbert Spencer’s hypothesis that poor people were poor because of some trait, probably inherited, and that the rich therefore did not need to act charitably, or honorably to eradicate poverty. Darwin especially did not like Spencer’s phrase, “survival of the fittest,” and adopted it only in the later editions of his most famous book when he was convinced that, in biology, the antisocial stigma of the idea was stripped away.
Darwin argued for equality among races. He befriended an African man in Edinburgh who taught him both taxidermy and equality of races. Darwin was shocked by the racist foundations of slavery especially as he saw it practiced in Brazil, and he complimented the African-descended slaves as both noble and brilliant, equal to any Roman general, Darwin wrote in Voyage of the Beagle.
Darwin despised slavery; he argued that humans should not abuse other humans in such a way. In a famous roue, Capt. Robert FitzRoy banned Darwin from the Captain’s Mess aboard The Beagle when Darwin argued in favor of slavery’s being abolished. Darwin said FitzRoy’s defense of slavery using the Bible was an abuse of scripture. This enraged the deeply religious FitzRoy; within a few days FitzRoy apologized. Darwin never backed down.
Darwin put his money behind his anti-slavery views; the entire Wedgwood family did (Darwin was a peripheral member) . They strongly supported the ban on slavery in the British Empire as advocated by William Wilberforce, and they supported Wilberforce’s work (a favor forgotten by Wilberforce’s son Samuel, who later tangled with Thomas Huxley with insults towards Darwin in a famous debate on evolution).
Darwin argued that aboriginals were superior to Europeans and whites, especially in their own lands. His lament for the lost aboriginals of Tasmania was based partly on his conviction that the natives were much better adapted to Tasmania, evolutionarily, and that their displacement by Europeans with guns was no gain for the human race.
Campolo appears not to have read Darwin in any depth.
Those who argue at school board meetings that Darwin should be taught in public schools seldom have taken the time to read him. If they knew the full title of On the Origin of Species by Means of Natural Selection, or the Preservation of Favored Races in the Struggle for Life, they might have gained some inkling of the racism propagated by this controversial theorist. Had they actually read Origin, they likely would be shocked to learn that among Darwin’s scientifically based proposals was the elimination of “the negro and Australian peoples,” which he considered savage races whose continued survival was hindering the progress of civilization.
Those who argue against Darwin have almost never read him. This op-ed is a case in point.
Campolo steps into ignorance and fiction here. In Darwin’s now provocatively-titled book, he addresses human evolution not at all. When he refers to “races” in the title, he’s referring to what modern scientists would call varieties or subspecies. There is no basis for human racism in Origin of Species (nor a basis for any other animal’s racism).
Darwin’s discussion of Australians is in Descent of Man, and it is in the context of his lamenting of the destruction of aboriginal peoples, especially the Tasmanians. Darwin doesn’t say aboriginals hinder progress at all. What he says is that Europeans with guns will probably win the brutal conflicts with aboriginals, and wipe them out. Darwin was recounting history. The war against Tasmanians began in 1805 (four years prior to Darwin’s birth); by the time he visited the area in 1831, there were fewer than 100 Tasmanians. Darwin discussed their inability to reproduce to increase their numbers, and wondered whether this path to extinction was an effect of racism and oppression.
The claim that Darwin proposed to eliminate other races is an unholy, unChristian lie.
In his next book, The Descent of Man (1871), Darwin ranked races in terms of what he believed was their nearness and likeness to gorillas. Then he went on to propose the extermination of races he “scientifically” defined as inferior. If this were not done, he claimed, those races, with much higher birthrates than “superior” races, would exhaust the resources needed for the survival of better people, eventually dragging down all civilization.
That’s whole cloth lie. Darwin never ranked races. He noted that in a future time when all humans lived in cities, and no humans lived in jungles alongside gorillas, in conditions similar to those of gorillas, skeptics would have a more difficult time noting the small gap between humans and other great apes. How do creationists mistake that for “ranking races?” Campolo is not the first to make the crazy claim — it’s a staple of representatives of the Institute for Creation Research (ICR) who ask to grant science degrees in Texas.
Darwin never called for extermination of any group of humans. Never. He always lamented such genocidal actions. The moral vacuity of creationism is on display here: Were creationism morally superior to science and especially evolution theory, whole cloth lies such as that one would not be required to make a case. If creationism were moral, such distortions of science would not be tolerated. It’s cheap gossip, and untrue.
Darwin even argued that advanced societies should not waste time and money on caring for the mentally ill, or those with birth defects. To him, these unfit members of our species ought not to survive.
Tony Campolo, you need to repent. Such false claims are unbecoming a Christian, let alone a clergyman. Darwin argued that humans need to be altruistic, that the survival of humans depends on it — in chapter 5 of Descent of Man (see pages 155-156), in which Darwin discusses possible evolutionary routes for the rise of morality. Quite contrary to Campolo’s claim, Darwin argued we need to be kind to one another. Modern biology has only strengthened that line of thought.
In case you think Darwin sounds like a Nazi, there is a connection. Darwin’s ideas were complicit in the rise of Nazi ideas. Pulitzer Prize winner Marilynne Robinson, in her insightful essay on Darwin, points out that the German nationalist and anti-Semitic writer Heinrich von Treitschke and the biologist Ernst Haeckel also drew on Darwin’s writings to justify racism, nationalism and harsh policies toward the poor and less privileged.
Clearly she didn’t win a Pulitzer for that essay. She needs to get her facts straight. (I’m not sure I agree with Campolo’s truncation of her essay, which is wild enough, but doesn’t quite argue that Darwin is to blame for the Nazis while religious creationists are not — it’s more of a ‘pox on both your houses’ whine.)
While it is accurate that some German racists pointed to evolution as a part of their justification, it is untrue that such justification exists there. Robinson failed to mention Darwin’s rebuke of Haeckel, and it appears she can’t tell the difference between evolution and racism. Campolo, appearing never to have read Darwin or even a good biography about him, accepts such a falsehood at face value. Shame on creationism, shame on evangelistic Christianity.
German nationalism never needed Darwin to rise and spread. Especially in the aftermath of World War I and the oppressive demands of the Treaty of Versailles, Germany and the Nazis were not discussing biology and Darwin as they carted their baskets of billions of Deutsche marks to the bakery to buy a loaf of bread. Germans, and especially Nazis, didn’t read Darwin to decide to arm and take over the western world. Darwin’s writings don’t cover international affairs and economics.
To attribute the rise of Naziism and its racist policies to Darwin is an insult to history. It’s simply wrong. It ignores the actual events, World War I, for example, and the economic realities of the world that were the real causes of World War II. Campolo’s claim is an ironic vindication of Woodrow Wilson, who warned us that if his 14 points were not adopted after World War I, there would be later, greater wars, and later yahoos to defend those wars false grounds. Wilson’s 14 points were not adopted, and the U.S. refused to join Wilson’s League of Nations. Not even Wilson thought the yahoos would hang on so long after a second war, though, I’ll wager.
Perhaps more important, there is not a shred of evidence that Adolf Hitler ever read Darwin, or understood evolution theory, or ever thought to use evolution as a justification for getting rid of peoples he didn’t want in Germany. Hitler uses a German word that sometimes means “evolution” in Mein Kampf, but never in terms of biological evolution. He never gets close to describing anything like Darwinian evolution theory in any of his writings. Ashley Montagu and others have noted that Hitler seemed completely ignorant of evolution, refusing to allow blood transfusions for German soldiersfor example, for fear they might get a hint of Jewish blood, and turn Jewish. Hitler subscribed to a long-discredited notion of heritage by blood — an idea suggested in the Old Testament, but long refuted in science, by Darwin, Mendel, and genetics.
Many creationists, giddy with their own false accusations, often go on in error to claim that, not only was fascism an outgrowth of Darwin’s work, but so was Marxism, communism, and every form of totalitarian barbarity practiced in the 20th century. Nevermind that fascism and communism are rather opposites. Creationists work overtime to invent ways in which science might be seen as the root of evil, in order to demonize it in Sunday sermons. This is the only creationism falsehood on the sociological side of evolution to which Campolo does not succumb.
Although these men’s lives much predated Hitler’s rise to power, their ideas were very influential as he developed the racist ideas that led to the Holocaust. Konrad Lorenz, a biologist who belonged to the Nazi Office for Race Policy and whose work supported Nazi theories of “racial hygiene,” made Darwin’s theories the basis for his reasoning.
Here we get another glimpse of just how hard Campolo strains to indict science. Konrad Lorenz, the 1973 Nobel Prize winner in Physiology or Medicine, joined the German army in 1941 to avoid a more cruel impressment into service. Lorenz was not a Jew; but neither was he an ardent Nazi racist, as Campolo urges. In fact Lorenz was captured by the Soviets in 1942, and held until 1948 as prisoner in forced labor. Lorenz apologized for not seeing the Nazi threat earlier and opposing it more. He described his service to the Nazis:
In autumn 1941 I was recruited into the German army as a medical man. I was lucky to find an appointment in the department of neurology and psychiatry of the hospital in Posen. Though I had never practised medicine, I knew enough about the anatomy of the nervous system and about psychiatry to fill my post. Again I was lucky in meeting with a good teacher, Dr. Herbert Weigel, one of the few psychiatrists of the time who took psychoanalysis seriously. I had the opportunity to get some first-hand knowledge about neurosis, particularly hysteria, and about psychosis, particularly schizophrenia.
In spring 1942 I was sent to the front near Witebsk and two months later taken prisoner by the Russians. At first I worked in a hospital in Chalturin where I was put in charge of a department with 600 beds, occupied almost exclusively by cases of so-called field polyneuritis, a form of general inflammation of nervous tissues caused by the combined effects of stress, overexertion, cold and lack of vitamins. Surprisingly, the Russian physicians did not know this syndrome and believed in the effects of diphteria – an illness which also causes a failing of all reflexes. When this hospital was broken up I became a camp doctor, first in Oritschi and later in a number of successive camps in Armenia. I became tolerably fluent in Russian and got quite friendly with some Russians, mostly doctors. I had the occasion to observe the striking parallels between the psychological effects of nazi and of marxist education. It was then that I began to realize the nature of indoctrination as such.
About a half-year from recruitment to capture by the Soviets. Was Lorenz a supporter of the dreadful policies prior to his military service? He didn’t oppose the government; neither did his work appear to support a claim that he was sympathetic with the Holocaust or any racial hatred. In his later years he was a campaigner against war and environmental damage — an early supporter of the Austrian Green Party.
Why the gratuitous and mostly incorrect swipe at Konrad Lorenz? Were it accurate, I suppose, it would bolster Campolo’s case. Nothing in Campolo’s case is accurate, however.
I hope our schoolchildren will be taught that it is up to science to study the processes that gave birth to the human race. But, as postmodern as it may be, I also want them to learn that whatever science discovers about our biological origins, there is, nevertheless, a mystical quality in human beings that makes each of us sacred and of infinite worth.
Regardless of how we got here, we should recognize that there is an infinite qualitative difference between the most highly developed ape and each and every human being. Darwin never recognized this disjuncture. And that is why his theories are dangerous.
The second to last paragraph rather accurately describes Darwin’s views. Modern scientists do not deny any mystical qualities, for the most part; the few who make the case that the mystical should be dismissed do so not on the basis of findings of science, but instead on the almost total lack of support for the opposite view. It’s not rational to argue that there is a supernatural without evidence, some like Richard Dawkins argue. They are in the minority by far, though they do not argue in error about what is in evidence (and therefore they hold to a higher morality than creationists tend to).
Darwin, for his part, fully recognized the noble qualities of humans. Where Darwin differs from Campolo is in Darwin’s understanding that other animals also demonstrate admirable qualities — so if Darwin didn’t recognize a “disjuncture,” it is because such a disjuncture is not evident in nature.
And there Campolo shows the great danger of this scurrilous case against Darwin. In science, Darwin found ample evidence to oppose racism. The evidence is much stronger today, with findings that all humans are one race, and that human variation is less among the 6 billion humans than among any of the other three species of chimpanzees. In dismissing Darwin, Campolo leaves the door open for the next crazy, racist hypothesis to take hold. Or the door is open to the next crazy, religiously-based sexist hypothesis. Or anti-intellectual hypothesis.
Darwin stuck to the facts. For that we should honor and follow him, for in the facts are the truth. Truth, Christians learn in John 8, brings freedom.
The danger of anti-Darwinism is that good Christians will be misled to eschew the truth, and to promote falsehoods. Campolo was so misled, and now misleads others. He needs to repent.
Tip of the old scrub brush to commenter Chris, at a post at Pharyngula, for alerting us to this travesty.
See also this discussion at Pharyngula.
Spread the word; friends don't allow friends to repeat history.
This entry was posted on Monday, January 21st, 2008 at 8:05 pm and is filed under Accuracy, Biology, Charles Darwin, Darwin, Evolution, History Revisionism, Hoaxes, Human Rights, Junk science, Racism, Religion. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
18 Responses to Shame on you, Tony Campolo: Darwin was not racist
Campolo: Still wrong on evolution « Millard Fillmore’s Bathtub says:
[…] “Shame on you, Tony Campolo: Darwin was not racist“ […]
Jon Trott says:
As an Evangelical myself, though also an Obama supporter during the past election and believer in (for lack of a better term) Evolutionary Creationism, I’m a bit dismayed to see Tony Campolo repeating almost verbatim the poo I’ve read from D. James Kennedy and others. Darwin’s treatment at the hands of Kennedy is legendary for its manic irrationality and misinformation-slinging. So to say I’m disappointed in Mr. Campolo is to put it lightly. One can indeed be a Christian of fairly conservative theological stripe yet also assent to Evolution’s impressive scientific credentials. And re Darwin and race… they say one can’t defame the dead. But that’s legally. Ethically, Christians are enjoined to bear witness to the truth. Dr. Campolo, D. James Kennedy, and many others have borne false witness against Charles Darwin. And that, I believe, grieves God.
Is and Ought and Darwinism says:
[…] Campolo has done in this article, which is apparently a re-print from a year ago, is to slander a whole class of scientists who are studying the process against a testable framework […]
boys gossip too, lone survivor, conservanutia « inkbluesky says:
[…] himself found equality among all human beings. This is a detailed post on the same subject, about half way down, Darwin despised the sociologist Herbert Spencer’s hypothesis that poor people were poor because […]
Dangers of creationism: Synapse shutdown « Millard Fillmore’s Bathtub says:
[…] No, Darwin was not a racist […]
Maybe it’s a virus « Millard Fillmore’s Bathtub says:
[…] it’s a virus Bad enough Tony Campolo feels compelled to accuse Darwin of being racist without reading the story of Darwin’s life (Darwin was anti-racist, and he and his family […]
Barney F. McClelland says:
I’m sure his beloved bible has NEVER encouraged racism….yeah, right.
Readers rebut Campolo « Millard Fillmore’s Bathtub says:
[…] that claimed Darwin and evolution as racist. They did it more briefly and with greater authority than I did (I have deleted e-mail addresses); from today’s paper, Saturday, January […]
starbirdcanada says:
Actually this really surprises me coming from Campolo. I’m an ex-evangelical, and I must say that he is the one evangelical that I admire. This does seem out of character for him.
Dawkins fans take on Campolo « Millard Fillmore’s Bathtub says:
[…] Earlier post on Campolo’s piece here. […]
Bad says:
Ernst Haeckel (whose gill slits in embryos hoax was refuted in 1874, yet still shows up in today’s biology textbooks)
You’re confused. Haekel’s idea that embryonic development replays evolutionary development was refuted a century ago, and that idea has not been repeated in textbooks. The idea that mammalian embryos share basic developmental and morphological features, including the slit-like arches that become gills in fish and jaw structures in mammals (and thus humans) is true.
What can’t be debated is that those who are racists love the theory, and it lends itself nicely to their cause.
Of course this can be debated.
The two prevailing views of races before Darwin were not racial harmony and equality: they were that either blacks were separately created inferior, or that they had “fallen” more than whites over time. The ultimate conclusion of evolution was that all races are both equidistant from a common ancestor. It’s no coincidence, in fact, that the racism which was once omnipresent in all cultures is on the run today for possibly the first time in human history. Modern biology played a big part in driving the stake through the heart of that beast.
And the version of biology that racists believe in is no more accurate biologically than creationist beliefs about biology.
Ed Darrell says:
So, Bill, are you saying that Ernst Haeckel’s racism — which he had before he heard of evolution theory, and which is not based on evolution theory at all — justifies inaccurate slams at Darwin and evolution?
billphillips says:
Stephen Jay Gould claimed, “Biological arguments for racism may have been common before 1859, but they increased by orders of magnitude following the acceptance of evolutionary theory.”
Ernst Haeckel (whose gill slits in embryos hoax was refuted in 1874, yet still shows up in today’s biology textbooks) was instrumental in spreading evolution. He said, “At the lowest stage of human mental development are the Australians, some tribes of the Polynesians, and the Bushmen, Hottentots, and some of the Negro tribes. Nothing, however, is perhaps more remarkable in this respect, than that some of the wildest tribes in southern Asia and eastern Africa have no trace whatever of the first foundations of all human civilization, of family life, and marriage. They live together in herds, like apes.”
Whether Darwin himself was a racist is something that can be debated. What can’t be debated is that those who are racists love the theory, and it lends itself nicely to their cause.
You know, it’s worse than that, Scav. Ed here has documented plenty of flat out falsehoods. Your comment essentially endorses the use of those falsehoods. Is that really what you stand for? Is your position premised on lying to people, insulting them with inaccurate slander and so forth?
Actually, your comment, Scavenger, proves that you can’t put together a coherent response.
Good post, Ed.
Scavenger says:
Your whole lengthy aticle of lame apologetics defending the monstrous lie of evolution just proves the point that you cant polish a turd.
eyeingtenure says:
I really do hate people who judge the past by today’s standards. Usually, it comes down to issues of race.
Stupid, stupid people.
http://awaitingtenure.wordpress.com
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@Cole59818957 @AnnaLDavis1 Modest rise in CO2 confuses mammals faster. Obviously, you're confused now. Global heating at fault?Splashed: 1 hour ago
@Fixiefreaky @MAdjusted @KeillerDon Turn the lights off on the skyscrapers, birds don't fly into them. Don't have t… twitter.com/i/web/status/1…Splashed: 1 hour ago
@Fixiefreaky @MAdjusted @KeillerDon Usually nutcases don't figure out when they're being called nutcases. A glimmer of hope.Splashed: 1 hour ago
Why is Trump hiding his birth certificate? Why did Trump seal all of his school records? One more time: "Do we re… twitter.com/i/web/status/1…Splashed: 2 hours ago
Nate White's stunning answer to the question: Why do many British people not like Donald Trump? timpanogos.wordpress.com/2019/06/24/nat… via @eddarrellSplashed: 2 hours ago
Quote of the Moment: Teddy Roosevelt on beating depression timpanogos.wordpress.com/2007/03/14/quo… via @eddarrellSplashed: 2 hours ago
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Currently warm bathing (top posts)
Who said it? 'Better to die on your feet, than live on your knees'
Nate White's stunning answer to the question: Why do many British people not like Donald Trump?
"Only the dead have seen the end of war." Who said that?
Quote of the moment: John F. Kennedy, "We choose to go to the Moon"
Quote of the moment: Martin Niemöller, ". . . I did not speak out . . ."
M.A.S.H. quote of the moment: War is worse than hell
28 poems on living life to the fullest, today
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Quote of the moment: What John Adams DID NOT SAY about Congress
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WD Women
All members are invited to join us on Tuesday, August 20 in our semi-annual book club. We are reading Love
Members enjoyed two social events at the end of June. First, a group went to Farm House Designs and toured
Our club was proud to send three girls, two housemothers, and a workshop presenter to GCI, a program sponsored by
Our club distributed donations to a number of local community organizations in June, representing a large portion of the funds
Our club was proud to be able to assist four West Deptford High School seniors with $1,000 scholarships. The scholarships
We did it ladies! Congratulations on completing another successful club year. Thinking back on the type of year we had,
Our club newsletter, Tidbits, won the First Place Award for newsletters at the New Jersey State Federation of Woman’s Clubs
Ladies of the WD Woman’s Club prepared one hundred movable animal “kits” for the children attending the WD LIBRARY BOOK
Carol & April
Hello, ladies, Spring has sprung! We are inspired this time of year for spring cleaning, planting of spring flowers, and
“Where Flowers Bloom, So Does Hope” was the theme this April of the Garden District Spring Conference and Achievement Day
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Home » National News » Outgoing Arkansas lawmaker takes…
Outgoing Arkansas lawmaker takes job with Little Rock mayor
LITTLE ROCK, Ark. (AP) — The top Democrat in Arkansas’ majority-Republican House who resigned from office is taking a job…
LITTLE ROCK, Ark. (AP) — The top Democrat in Arkansas’ majority-Republican House who resigned from office is taking a job leading the Little Rock mayor’s staff.
Mayor Frank Scott announced Friday that he had hired former Rep. Charles Blake as his chief of staff. Blake, who was the House minority leader, announced on Thursday he was stepping down for a new job opportunity. His resignation took effect Friday.
Blake served as campaign manager for Scott, who in December became Little Rock’s first popularly elected black mayor. Blake represented a Little Rock district in the House since January 2015 and had unsuccessfully pushed this year for removing a Confederate designation from Arkansas’ state flag.
A spokeswoman for Scott said Blake’s salary will be $95,000 and he will begin work on Monday.
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Home / Regions / Amur /
In the basin of river Amur there are 3 species of sturgeon: kaluga (Huso dauricus), Amur (Acipenser schrencki) and Sakhalin sturgeon (Acipenser mikadoi).
Kaluga and Amur sturgeon are endemic to the Amur. Therefore, they can rightfully be considered symbols of the Amur. These are giant fish of ancient origin with a very peculiar way of life and appearance: sharp ridges along the spine, a narrow long snout with large fleshy lips and a cartilaginous skeleton. Cartilaginous fishes are first fish, which means that kaluga and sturgeon are real relicts, living and successfully reproduce in the Amur for millions of years. They live and spawn in the main channel of the Amur, less often entering largest tributaries. They make long migrations: the Amur sturgeon descends to the Amur estuary, and kaluga for foraging makes way to the Sea of Okhotsk and the Sea of Japan, reaching Kamchatka, Kuril, Hokkaido and even Primorsky Krai! Such a vast marine range is not found in any other freshwater fish of this size. Over a length of several thousand kilometers, migrations of Kaluga are comparable only to migrations of migrating salmon, but in contrast to Pacific salmon, sturgeon are long-lived fish and can spawn multiple times, each time giving multiple offspring. One kaluga individual can lay 4 million eggs!
Kaluga © archive TRAFFIC Europe-Russia
Kaluga © Sharov
Sturgeon © Vasily Solkin
Sakhalin sturgeon is one of the most unusual sturgeon fauna of Russia. It lives in the sea (the Sea of Okhotsk, the Tatar Strait, the Sea of Japan), and spawns in relatively large rivers with particular estuary zones, characterized by extended stretches from the mouth upstream, where during high tide the seawater reaches along the bottom. In such places there is an extensive feeding base for young sturgeon, which lives there for up to four years before leaving the river and going to sea. The advance of juveniles from fresh water to sea water is gradual. The larva of Sakhalin sturgeon, released from eggs, instinctively hides under the stones, so that it will not be carried off by rapid current into saltwater section of the river. This behavior is fundamentally different from the behavior of larvae of other sturgeons of our fauna, spawning in rivers with a more calm current and actively swimming in search of food.
The Zeya-Burein populations of kaluga and sturgeon are listed in the Red Book of Russia in the first category as «endangered populations of endemic species». All of Amur sturgeon are listed in the IUCN Red List and the CITES Convention. In 2013, kaluga, Amur and Sakhalin sturgeon were included in the list of valuable species, illegal extraction of which is a criminal offense. The Amur is practically the only river of Eurasia, where populations of these sturgeons are not fragmented by large dams. Figuratively speaking, the Amur is a «river of Caviar», but because of irrational use, it is rapidly losing its significance. At the end of the nineteenth century, up to 11,000–12,000 centners of sturgeon were caught in the Amur, half of which were kaluga. Despite the prohibition of commercial sturgeon fishing, numbers of these fish are getting smaller every year. Kaluga and Amur sturgeon suffer, above all, from illegal fishing. This extraction brings such a significant income that poachers are better equipped than organizations that are designed to combat poaching. It will soon be forgotten that kaluga can weigh more than a ton, since now, for the most part, the first spawning individuals weighing more than 100 kg are rarely caught. According to experts, individuals of Sakhalin sturgeon located on the territory of the Russian Federation are even rarer (less than 300 ind.) than Amur tigers that are on the verge of extinction (more than 450 ind.).
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How to Sing Butterflies
Thomas Diehl
Publisher: Thomas Diehl
How do you sing butterflies? Who is the true Master of Man? What kind of vengeance is waiting for a retired police officer on a pleasure cruise?
This anthology collects 22 short stories by author Thomas Diehl, from micro fiction of a few words to full shorts of a few thousand. Exploring deep prehistory, our current world, and the future alike; forgotten worlds, worlds of secrets, weird and strange ones.
Includes three stories published for the first time ever, and four stories originally published in German, available in English for the first time.
This is the standard edition of pure stories. If you are interested in the author's commentary on all stories and their creation, look for the DX edition of this book.
This is the page of Thomas Diehl on 24symbols. Here you can see and read his/her books.
The Philosopher's Stone
Philipp Schönthaler
The Philosopher's Stone assembles various narrative stands into a cohesive and thought-provoking tale of our times. The trenchant criticism of continuous self-optimization and esoteric ideology are astonishingly subtle and reward repeated reading.
From Philipp Schönthaler following ist published at Matthes & Seitz Berlin: »Vor Anbruch der Morgenröte", »Portrait des Managers als junger Autor", »Nach oben ist das Leben offen", »Ein Schiff das singend zieht auf seiner Bahn".
The Flying Goat
H.E. Bates
The Flying Goat (Jonathan Cape, 1939) features sixteen diverse stories from slapstick sketches to portraits of marital tension; one Uncle Silas tale; and three that hark back to Bates's boyhood roots.
'A Funny Thing' is an escalating bragging match between Uncle Silas and Uncle Cosmos. Cosmos is modelled on Bates's paternal grandfather, Charles Lawrence, who was "known about Rushden as a dapper and dashing figure who spent his holidays in the south of France, where he reputedly had a number of mistresses". A television adaptation starring Albert Finney was aired in 2003.
In a cautionary tale, ever-relevant today, 'Shot Actress – Full Story' is an account of the death of a former actress, and of the damaging effect of rumours. In commenting on the public's obsession with scandal and journalism, the tale reflects Bates's early newspaper work at the Northamptonshire Chronicle as well as a wider social commentary.
The Times Literary Supplement singled out 'The White Pony' and 'The Ox' as "faultless things, jewels as luminous and as finely cut as any Mr. Bates has turned out. In each of them the evocative strength of his countryside pictures is joined to a still and poignant emotion that seems to project a background of universal experience for a particular sorrow."
The bonus story 'Pensioned Off' is a sensitive and touching tale of a Latin teacher approaching the end of his career, reflecting on his obsolete methods of trying to teach a dying language. The story is based in part on Bates's own Latin teacher who he described as "extremely fat", so in a sweetly comic moment we hear how he fasts every Thursday so as not to become obese. Published in the New Adelphi (1929), and not republished since.
Difficult Women
Award-winning author and powerhouse talent Roxane Gay burst onto the scene with An Untamed State and the New York Times bestselling essay collection Bad Feminist (Harper Perennial). Gay returns with Difficult Women, a collection of stories of rare force and beauty, of hardscrabble lives, passionate loves, and quirky and vexed human connection.The women in these stories live lives of privilege and of poverty, are in marriages both loving and haunted by past crimes or emotional blackmail. A pair of sisters, grown now, have been inseparable ever since they were abducted together as children, and must negotiate the elder sister's marriage. A woman married to a twin pretends not to realize when her husband and his brother impersonate each other. A stripper putting herself through college fends off the advances of an overzealous customer. A black engineer moves to Upper Michigan for a job and faces the malign curiosity of her colleagues and the difficulty of leaving her past behind. From a girls’ fight club to a wealthy subdivision in Florida where neighbors conform, compete, and spy on each other, Gay delivers a wry, beautiful, haunting vision of modern America reminiscent of Merritt Tierce, Jamie Quatro, and Miranda July.
State of the Heart
Carol Patterson
Carol Patterson lives in South Arm, a serene coastal hamlet south-east of Hobart, Tasmania. Her arresting style infuses her short stories with fresh, vibrant life. She explores the crucial points in people’s lives when change takes place. Her post-graduate degree in Geography and Environmental Studies gained from the University of Tasmania, allows her to see the world from an original perspective, which further enriches her stories.
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2LE Media is a TV production company specialising in scripted comedy and comedy entertainment shows founded by Michael Livingstone and Tom Thostrup in 2012.
Before setting up 2le Tom and Michael series produced shows such as Facejacker, Star Stories, Frankie Boyle’s Tramadol Nights, Chris Moyles’ Quiz Night and Balls Of Steel. As a company we have made a BBC4 sitcom called Asylum (which Kristian Smith exec’ed), an E4 comedy series called The Work Experience, an award-winning series of shorts for Channel 4 and Scope plus a number of pilots, shorts and VT inserts for shows such as Stand Up To Cancer and the Paralympics launch night.
2LE Media
Hammer House, 113-117 Wardour St, Soho, London W1F 0UN
info@2lemedia.com
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Joining the UK’s biggest celebration of science
As a sponsor of British Science Week, 3M has a series of fun activities lined up for youngsters across the UK to show how innovation and science can improve everyday life.
This year the ten-day celebration of science, technology, engineering and maths (STEM) runs from 9-18 March 2018.
The national week, organised by the British Science Association, provides a platform to inspire and support teachers, STEM professionals, science communicators and the general public and encourage participation in STEM events.
Said Corporate Communications manager John Klee: “We are delighted to sponsor British Science Week for the third time. It is a great opportunity for us to share our passion for science and technology by running a series of events at our sites across the country - including Atherstone, Bracknell, Clitheroe, Loughborough and Skelmersdale - to connect with local schools and colleges and encourage greater interest in STEM subjects among young people.
“This year we have a special focus on engineering to support the Government’s Year of Engineering campaign to help tackle the UK’s engineering skills shortage. As well as hosting events to inspire the next generation of engineers, we are sponsoring the Science and Engineering category of WeAreTheCity’s 2018 Rising Star awards, which shines a light on female role models and is now open for nominations.”
During British Science Week, 3M will be hosting a careers open evening for around 150 female Year 7/8 pupils and their parents at the Bracknell head office.
This will give the girls the chance to visit the Customer Innovation Centre and see a wide range of 3M products in action and enjoy a tour of 3M’s laboratories where state-of-the art equipment is used to create some of these innovations.
The guest speaker at the event will be Niri Arambepola, an engineer from WSP/Parsons Brinckerhoff and a 2017 WeAreTheCity Rising Star winner in the Science and Engineering category.
Speaking about her award, Niri said: “I am generally a shy person and, for me, the main impact of winning a Rising Star award has been increasing my confidence at work.”
As part of the week, on 15 March 3M will unveil the UK results of the 3M State of Science Index survey. This has gathered global insights into perceptions of how science impacts the world and explores parents’ interest in encouraging their children to pursue science-related careers.
To support this, 3M has teamed up with the British Science Association to produce an e-booklet for parents, also to be launched on 15 March, sharing some top tips and ideas for inspiring science-based activities to enjoy with their children.
British Science Week is sponsored by the Department for Business, Energy and Industrial Strategy and Guinness World Records in addition to 3M. Each year it aims to inspire millions of people to join in this nationwide grassroots campaign that aims to position science as a fundamental part of culture and society.
FIND OUT MORE ABOUT BRITISH SCIENCE WEEK
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Whitewood, et al. v. Wolf, et al.
Client Declarations
Lawsuit successfully overturning Pennsylvania's exclusion of same-sex couples from marriage.
Court/Assoc.: US District Court, Middle District of Pennsylvania
Attorneys/Firms: Witold Walczak, Mary Catherine Roper & Molly Tack-Hooper (ACLU-PA); James Esseks & Leslie Cooper (ACLU Lesbian Gay Bisexual and Transgender Project); Mark Aronchick, John Stapleton, Dylan Steinberg, & Rebecca Melley (Hangley Aronchick Segal Pudlin & Schiller); Seth Kreimer (University of Pennsylvania Law School)
Whitewood v. Wolf
#DecisionDayPA
Judge Jones’ opinion (332 KB pdf)
ACLU-PA Press Release
The American Civil Liberties Union of Pennsylvania, the American Civil Liberties Union, and volunteer counsel from the law firm of Hangley Aronchick Segal Pudlin & Schiller, and University of Pennsylvania School of Law Professor Seth Kreimer filed a federal lawsuit on July 9, 2013, on behalf of 21 Pennsylvanians who wished to marry in Pennsylvania or wanted the commonwealth to recognize their out-of-state marriages.
The lawsuit alleged that Pennsylvania's Defense of Marriage Act and refusal to marry lesbian and gay couples or recognize their out-of-state marriages violated the fundamental right to marry as well as the Equal Protection Clause of the Fourteenth Amendment. This lawsuit came in the wake of the ACLU's victory before the U.S. Supreme Court in U.S. v. Windsor, which requires federal recognition for lesbian and gay couples who are married in their home states. Plaintiffs argued that the court should closely scrutinize this discriminatory treatment because the state's Defense of Marriage Act burdened the fundamental right to marry and because it discriminated based on sex and sexual orientation.
On April 21, 2014, plaintiffs filed a motion for summary judgment.
FAQ about Summary Judgment
On May 20, 2014, a federal judge ruled in our favor, striking down Pennsylvania’s ban on marriage for same-sex couples.
On June 26, 2015, twelve years to the day after the Supreme Court struck down bans on sodomy in Lawrence v. Texas. Two years to the day after the Supreme Court struck down the Defense of Marriage Act in United States v. Windsor, the Supreme Court of the United States held that states may not deny marriage licenses to same-sex couples and must recognize same-sex couples' existing marriages.
ACLU of PA Statement on Marriage Equality Decision - 06/26/15
Town Hall: Marriage Equality in Pennsylvania – What Does it Really Mean? - 05/29/14
Governor Will Not Appeal Marriage Equality Decision - 05/21/14
Federal Judge Strikes Down PA’s Ban on Marriage for Same-Sex Couples - 05/20/14
Timetable Accelerated in ACLU and Hangley Aronchick Challenge to PA’s Marriage Ban - 04/21/14
Judge Denies Commonwealth's Bid to Dismiss First Freedom to Marry Lawsuit - 11/15/13
ACLU-PA, ACLU and Hangley Aronchick Seek Freedom to Marry for Pennsylvania Couples - 07/08/13
Whitewood Complaint 7-9-13 (2.3 MB pdf)
Brief in Support of Motion to Dismiss Corbett and Wolf 10-7-13 (501 KB pdf)
Brief in Support of Motion to Dismiss Kane 10-7-13.pdf (215 KB pdf)
Brief in Support of Motion to Dismiss Petrille 10-7-13 (265 KB pdf)
Brief in Support of Motion to Dismiss Poknis 10-7-13.pdf (1.3 MB pdf)
Plaintiffs' Brief Opposing Petrille Motion to Dismiss 10-21-13 (403 KB pdf)
Plaintiffs' Brief Opposing Kane Motion to Dismiss 10-21-13 (62 KB pdf)
Plaintiffs' Brief Opposing Corbett Motion to Dismiss 10-21-13 (236 KB pdf)
Petrille Reply Brief 11-1-13.pdf (195 KB pdf)
State's Reply Brief 11-1-13.pdf (458 KB pdf)
Corbett Notice of Dismissal - 11-1-13 (56 KB pdf)
Kane Notice of Dismissal - 11-1-13 (21 KB pdf)
First Amended Complaint 11-7-13 (208 KB pdf)
Denial of Motion to Dismiss 11-15-13 (41 KB pdf)
Defendants' Motion to Certify Appeal 11-25-13 (314 KB pdf)
Plaintiffs’ Opposition to Certification Motion 12-2-13.pdf (94 KB pdf)
Plaintiffs' Brief in Support of Motion for Summary Judgment 4-21-14 (214 KB pdf)
Plaintiffs' Motion for Summary Judgment 4-21-14 (9 KB pdf)
Plaintiffs' Statement of Uncontested Material Facts 4-21-14 (190 KB pdf)
Defendants’ Brief in Support of Defs’ Motion for Summary Judgment 4-21-14 (662 KB pdf)
Defendants’ Brief in Opposition to Plaintiffs’ Motion for Summary Judgment 5-5-14 (231 KB pdf)
Plaintiffs’ Reply Brief in Support of Summary Judgment 5-8-14 (53 KB pdf)
Defendants’ Reply in Support of Defs' Motion for Summary Judgment 5-12-14 (244 KB pdf)
Judge Jones Order Denying Gaffney Intervention_6-18-14 (1.9 MB pdf)
» Client Profiles
» Whitewood FAQ
Our plaintiff Maureen Hennessey recently lost her wife Mary Beth McIntyre after 29 years together. Because Pennsylvania doesn't recognize their marriage, Maureen faces finanacial challenges that wouldn't exist if they had been an opposite-sex couple.
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Action for Elders Trust
Welsh information
Social Wellbeing
Older People's Day 2019
Donate in memory of loved ones
Thinking Differently About Ageing
PRESS RELEASE FROM: Action For Elders
“Ageism is the most common form of discrimination in the UK”
New initiative to celebrate positive ageing and tackle discrimination
Thinking Differently About Ageing is an innovative new project to celebrate later life and change the current narrative to create a more positive perception of older people. With support of the People’s Postcode Trust, a grant giving charity funded by players of People’s Postcode Lottery, Action For Elders will work with older people across England and Wales to develop and share digital stories: which capture their unique insights into the ageing process.
Recent research has identified ageism as the most common form of discrimination in the UK. Often unspoken: attitudes toward older people can have a corrosive effect on society.
Working with Local Communities
We will be working with 60 older people in Hereford, York and Swansea who are all members of our Balanced Lives® weekly community-based wellbeing programme. Through training them in how to put together and film their stories, we will work together to give older people a stronger voice in the Community.
The Thinking Differently About Ageing project is also a wonderful opportunity to engage with the public to encourage discussion on later life in a positive and forward thinking way. The project aims to challenge long held public misconceptions about ageing and make strong progress in communication between the generations.
Clear Benefits and Goals
Through our project, Action for Elders aims to achieve the following goals:
Older participants benefit from increased self-confidence, self-belief and communication skills.
Audiences across the generations gain a proper understanding of later life, which leads to a more age integrated society.
Achieve long-term attitude change towards ageing and older people.
James Lewis, Action For Elders CEO says:
“We are very pleased to receive this grant from the People’s Postcode Trust and excited to be working on a project that will have a hugely positive and lasting effect on attitudes for those in later life.”
There are some extraordinary stories to be told and shared in the Thinking Differently About Ageing project. Action For Elders hopes this ambitious year long project – which begins later this month – will give some much needed understanding of how we can dispel the various myths and prejudices about ageing. Our long-term goal is to create a shared understanding of the benefits and opportunities enjoyed by older people.
For further information/Images etc contact:
John Coleman
Action For Elders
Donate at our website now: www.actionforelders.org.uk
Facebook: @ActionForElders Twitter: @ActionForElders
Author: JAMES LEWIS
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Action For Elders take your privacy very seriously and we will only use personal information to administer your details and to provide the services that you have requested from us.
"We" includes the charity (Action For Elders), its charitable and trading subsidiaries and the Community Interest Company, Action For Elders CIC.
Information from visitors
We may process data about your use of our website and services. This will include the visitors IP address, browser type, geographical location and length of visit. The legitimate legal basis for this processing of information is purely to enable us to monitor and improve our website and services.
From time to time we would like to contact you via email with details of other services that we offer such as new programmes in your area, information on health and well being, newsletters, events and fundraising.
We would also like to share certain parts of your information with our professional referrers such as health and local authorities, GPs, Physiotherapists, Social Workers and other referring partners to assist and improve your health and wellbeing. We will never sell your data and we promise to keep your details safe and secure.
We'd like to keep in touch with you about the vital work we do for older people, our fundraising appeals and opportunities to support, as well as the products and services you can purchase.
You have the right to change your mind at any time by sending us an e-mail at: [email protected] Just put ‘Remove from Data Records’ in the subject line.
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Cookies can be used to remember visitor preferences when using this website and use an anonymous unique identifier. Cookies do not allow us to gather any personal Information about you.
Where registration is required, such as a sign up to a newsletter, the visitor's email and a username will be stored on the server.
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Certain pages on the website may be integrated with Facebook for sharing content and displaying content such as news items from Facebook. These links may cause cookies to be set on your computer. For details on Facebooks legal obligations and privacy policy visit: https://www.facebook.com/legal/FB_Work_Privacy
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Some pages on the website may be integrated with Twitter for sharing information purposes or liking content and displaying content from Twitter. These links could cause cookies to be set on your computer. For details on Twitter's privacy policy visit: https://twitter.com/privacy
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From time to time we may embed videos via YouTube relating to the Balanced Lives Programme. This may set cookies on your computer, such as those used to measure the frequency with which a video has been watched or shared. For more information on YouTube's privacy policy and embedding videos information page visit: https://www.youtube.com/static?template=privacy_guidelines\
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
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1.4 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
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3.1 Copyright (c) Action For Elders 2018
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Action for Elders Trust wins award from the Healthy and Active Fund in Wales. Balanced Lives For Care Homes is an exciting new project, working with care home communities in the Bay Health area of Swansea
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Posts tagged suzuki burgman
Day 9 - Metz to Tewkesbury
Last day today and not a lot to report other than a long motorway blast from Metz to Calais and then Folkestone to Tewkesbury. As always, the French motorways are excellent, if a tad expensive at around £16 for that leg of the journey. From Metz it was towards Paris, then turn right and up towards Lille and Calais. As every day, the Burgman just purred along without fuss.
The weather was warm and sunny but about an hour out of Calais I could see what looked like a dark grey wall ahead of me. Discretion is not normally something I over-indulge in but I decided to stop at the next Aire place and put my waterproof over-trousers on, close the coat's air vents and put some gloves on, and boy am I glad I did. Within a couple of miles of setting off again the world went dark - from sunshine to absolutely lashing it down, forked lightning flashing around on all sides and the wind buffeting from every direction at once. The Burgman is pretty good at weather protection but this was about as wet as just riding through a solid swimming pool of water. Unfortunately out of all the gloves I had with me I chose the wrong ones and while they stopped my hands getting battered by 70mph rain, (which hurts!) they were the summer ones so soaked through in seconds. At the next toll booth I fished out the ticket and within a second that was sodden as well and barely went into the machine. I also discovered that as the gloves were not meant for wet weather the dye had come out and my hands were now a lovely shade of deep purple - I looked like I'd been doing a bank job and one of those exploding dye things had gone off!
Eurotunnel put me on a slightly earlier train so I was back in Blighty by 1pm, with then just a three and a half hour or so trip home. On the tunnel they load the bikes last and then make you park diagonally across the carriage. I don't wish to be too disloyal to Blighty, but as I found on my road trips to Norway and Crete, after returning from a trip elsewhere my God it does strike you as being dirty, crowded and rather shabby. Arriving home was startlingly hot though - about 33 degrees on the M25, this is not what you expect when getting home from a trip! In another move to make bikers shiver with apprehension at the breach of the biking code of conduct, I had to take my coat off during a stop on the M25 and ride the rest of the way home in a t-shirt, it was that or melt!
So that was it, 2017 road trip done. Exactly 3,012 miles (4,847km) in nine days, autobahn and mountain passes, gravel tracks and snow, baking heat and rain, glaciers, lakes, city centres, mountains, the lot. As ever, for me the point of the trip is not the destinations, they are just somewhere to sleep, but it is the journey each day itself and it was everything I wanted it to be. And the star of the trip - the humble Suzuki Burgman scooter. It did everything asked of it, went everywhere the big touring motorbikes could go. It kept up on the autobahn and climbed the highest road in Austria, nipped through city traffic and navigated mountain passes, without complaint, without fuss, and never ever felt like it was struggling. Sit on it, pop the heated seat and heated grips on for the chillier parts of the trip, cruise and enjoy the views. A brilliant brilliant bike.
AJ 7 July 2017 suzuki burgman, burgman 650, channel tunnelComment
Day 8 - Le Chable to Metz (France)
One of the things I've been trying to avoid since Germany was motorways and despite this being a long long old day to get to Metz part-way up France I was determined to stay mostly motorway-free. Well, that and avoid paying the rather high cost of 40 Swiss Chuffs for a motorway vignette tax thing. The 40 Chuffs is an annual tax jobby and is the only one available these days as they seem to have done away with the shorter duration one I got a few years ago when on a car trip, but as I would only have needed it for an hour land a half or so there was no way I was paying that. I'm way too tight. Typical northerner.
So the day was designed to be motorway-free all the way and pretty much ended up that way right until the last hour or so outside Metz, and even then was a toll-free part of the French motorway system. I did read online before setting off that it is 'impossible to avoid the Swiss motorway tax' if you are riding through the country but it really is dead easy. On this trip I've now crossed south to north from Tirano to Chur, and now right over to the west and had no problem at all sticking to A-roads and avoiding motorways and as the tax is only needed for motorways have also avoided that. If you want to avoid the Vignette tax then it can easily be done.
The day's route went from the Verbier area up to Villeneuve on the end of Lake Geneva, then through Montreaux and Lausanne to a small border crossing (again, no need to stop at all) and into France, with the road hugging the edge of the lake for a good length of the way. Montreaux was a rather cool looking town and Lausanne was the only place where the traffic got heavy enough to snarl up, but I was soon through that. It was also exceedingly hot today, about 33 degrees, so the coat eventually had to be strapped over the box on the back to stop me melting completely.
In France I got way too excited by the sight of France's one decent contribution to culinary excellence since the 1970s, a Buffalo Grill. Marvellous. What can be better than ribs smothered in artificial BBQ sauce while country music is playing with plastic cowboys and buffalos dotted around the place outside?
My other stop was one of the 'etap' places the French sign off the main dual carriageways and motorways - towns or villages which have all the facilities of a services without building a special place. And as a way of getting extra visitors into the town it works - the church here was the afternoon coffee stop.
I left Verbier at 8.30am and arrived in Metz around 7.00pm - a long day but a fairly easy one with a few coffee stops and the lunch stop.
Metz is a surprisingly nice town with a huge old cathedral in the middle, a couple of rivers and loads of tiny streets around it so a most agreeable place to while away a couple of hours before bed and then the final drag home at last.
AJ 6 July 2017 suzuki burgman, burgman 650, metz, verbierComment
Day 7 - Chur to Le Chable (Verbier), Switzerland
A day of snow, a car crash, mountain passes and a first for me, dirt track riding.
Today was a rather unexpectedly superb day. Yesterday was a good ride but the last two hours were two hours too far, on an arse that was killing me, and to a place I didn't particularly like (Chur). I had a planned route for today which was via long wibbly roads over about ten hours crossing Switzerland right to left, to Le Chable, a place about 15 minutes from Verbier. After yesterday through I decided to shorten it a bit and stay on the main-ish route between the two, avoiding the motorway and dual-carriageways but using the most direct option apart from adding some mountain hairpins at the end to cut a corner.
This was probably the best A-road I've ever driven or ridden along! From Chur it quickly becomes a quiet road winding from small town to small town, sticking to the side of one long river valley as you head towards the town of Andermatt, about an hour and a half from Chur. As you get closer to Andermatt though the road starts to climb higher and higher up the valleys, twisting back on itself as it crosses at first low mountain passes and then higher and higher ones in succession.
Andermatt itself is stunning and I discovered sits at the head of a valley, the only way out of which is up and over. The image here is taken from the lower end of the pass looking back towards Andermatt and was breathtaking in it's quiet and beauty. Not bad for an A-road route!
Eventually you reach the head of the pass and are above the snow line, so cue the almost compulsory shot of the scooter against a nice snow drift. There is a great cafe there with a decked terrace sitting about 20 feet in the air over the side of a snow-filled precipice - a fantastic place to stop, stretch the legs and get a drink and sarnie.
This road is known locally as 'James Bond Strasse' and was the location for the long shot in Goldfinger of Bond in his Aston Martin following Goldfinger in his Rolls.
This is not the only pass on the route and as you can see in the photo above as the road winds down the hill from one pass, off you then go back up the next one.
At the bottom of one of these passes I had parked up to let the hotel know what time I was due to be there (it is a small place so I thought helpful for them to know so they are not waiting around all day just for me to rock up). As I sat on the scooter there was an almighty crunch from about 200 yards behind me and it seemed a small car had misjudged the corner a little, overshot the exit of the corner and slammed sideways into the metal Armco barrier. Oops!
Thankfully there were no injuries apart from pride and paintwork.
From here there was a view of the distant Matterhorn - a sight guaranteed to make you want a Toblerone immediately!
Once I was about an hour from Verbier I had a choice, a long way around on the main roads, or up a mountain pass on an endless series of switch-backs and hairpin roads. As it was my last day in the mountains there could only be one choice so the hairpin route it was. I'm not saying that this was not necessarily the biggest road in Switzerland to start off with, or that the lack of traffic coming the other way crossed my mind as something to take notice of, but when the tarmac surface ran out these things did suddenly come back into focus!
By this point I was a good half an hour up the mountain and thought sod it, no point in turning back now so just ploughed on along the gravel and then dirt track, over the crest of the ridge and back down the other side when it met civilisation and a hard road surface again. I still don't know if this was a proper route but what the hell, it worked.
The hotel was in a small town called Le Chable, close to Verbier so I popped into Verbier for a nosey around as well. And a thoroughly lovely and agreeable place it is too, although a selection of cold meats, two alcohol-free beers (got to ride back to the hotel yet!) and a cheesecake is about a million Swiss Chuffs so you leave with a satiated appetite but bankrupt.
And a last picture from the day, and probably my favourite photo of the whole trip, this cow peering into the camera as I was taking a photo on one of the mountain passes withe the road running along it. Love this photo!
AJ 5 July 2017 suzuki burgman, verbier, burgman 650, switzerlandComment
Day 5 - Riva del Garda and Verona
An easy day today with the plan being a bit of a rest with just a lap of the lake and immediate vicinity so something around 110 miles.
I headed off about 10am down the western side of the lake which is a series of tunnels and open roads hugging the lake's edge. The road is lovely and slow and about 30mph all the way with time to take in the views and the fresh air, unless you are one of the hundreds of bikers on some sporty crotch-rocket then it is a frustrating series of desperate overtakes as you try to set a new lap record for a lap of the GardaRing. Settle back and enjoy the views and air lads and ladesses. It being a gorgeous day and a Sunday the place was full of Italians having a day out as well and the difference between them and the bikers is amusing. The Germans are all, again, head to toe in leathers, all black, all mean n'moody looking, racing along, while the Italians heading out for the day are on little battered scooters, in shorts, usually with a girl in a short dress on the back, and look perfectly content in the world.
My morning coffee stop was a small town towards the bottom of the lake and I love the idea of just pulling up outside, having a quick espresso next to the scooter, and then hopping on and trundling off again. This was in the town of San Felice, a quiet and thoroughly charming place.
The bottom of the lake is out beyond the mountains and in the first flat lands south of the Alps and if I'm honest is rather less charming than the northern mountainous end. It is a series of fairly tacky towns and beaches with lilo shops and the like which wouldn't look out of place in Rhyl.
Verona wasn't on the schedule for the day but as I was meandering through the slightly less charming end of the lake I realised I was only about half an hour away so a spur of the moment decision was made to have a lunchtime coffee in Verona itself.
Being a scooter rider again has a huge advantage there as you can just ride straight up to the main square by the opera house and there is a long long row of free parking spaces just for scooters and motorbikes. The intention wasn't to stay long as the idea of this trip is the journey rather than the destinations, so I only stayed for about an hour, long enough to have a coffee and a place of seafood spaghetti in the square, before hopping back onto the bike and heading back towards the lake again.
The ride back up the eastern side is absolutely gorgeous - loads of lovely quaint towns and the road just meandering along the water's edge all the way back up to Torbole and then Riva itself. In the end it was about a six hour trip out but spent largely trundling along happily at slow speeds, just taking in the air, the sun and the views. Lovely.
The evening was a pizza in one of the back street squares in Riva, and short meander around the town as the sun set, then off to pack ready for the next day's journey up to Chur and into Switzerland.
AJ 3 July 2017 suzuki burgman, burgman 650, riva del garda, verona, italyComment
Day 4 - Belluno to Riva del Garda, Italy
When I went to get the scooter in the hotel car park, there was a nice Jag XE parked next to it. I do love a Jaaaaaaag and did the last road trip to Norway in a Jaaaaaaaag XF, but you know what, for the mountains I'd take the scooter any day.
Today was a fairly short day of only around 190 miles but again the route was such that it would still take around six hours of riding to do. I did have a route pre-planned before setting off from home (the magic of TomTom MyDrive - select a route and upload it to the SatNav beforehand) but decided to just let the TomTom decide which way to go. The Ride 410 SatNav has an option for 'choose winding roads' so I set it to that and just followed wherever it pointed me. And it was superb in its choices.
From Belluno it headed up into the mountains and into a series of high passes. As you climb the landscape quickly changes from typically Italian back towards a more Alpine style again. The route is clearly popular with bikers as there were groups of them, largely consisting of more leather clad Germans, (given the fact it was about 28 degrees, often in an odd combination of leather trousers and braces over t-shirts), up in the mountain passes.
The roads are really quiet and pretty much all like the small mountain lanes in these pics, with occasional villages and a handful of small towns on the route, just enough of them to assuage any anxiety about a mid-way refuelling stop. In the largest of the towns I passed through the route I wanted was blocked for some event or other meaning taking the fall-back navigation option of 'drive about randomly until the SatNav finally finds an alternative route', Finally, after I passed the same cafe of people for the third time I decided to just press the 'avoid road block' button and that fixed it - should have thought of that sooner, silly boy.
From there it was up into the mountains again and a lunch stop at a cafe at the top of a pass. One of these bikes is an impostor among the big boys. Some proper bikers may look down on scooters but it was amusing seeing how the bikers were hauling themselves off their bikes like they had been abused by a ship-load of randy sailors arriving in port after a long voyage after sitting in the same forced position for ages at least whereas with the Burgman I did arrive there in a modicum of comfort still.
From there was a long slow drive back to lower levels again via series of gorgeous twisting hairpin-strewn roads, back to civilisation and larger towns, eventually picking up an A road for the final drive towards Riva at the very head of Lake Garda. And back among loads of my scooter brethren again. I have to say I am impressed with the Burgman - it's gone everywhere the big bikes can go, from autobahn to high alpine roads, without ever feeling out of puff or as though it is struggling.
Riva del Garda is exactly how I remember it from a visit as a child, a largish town sitting at the top of Lake Garda with the mountains just dropping straight down into the lake. The hotel was on a pedestrianised bit of the town but it seems that in Italy 'pedestrianised' doesn't always apply to scooters so I could drive up to the hotel and park in their small garage, perfect.
Tomorrow is an easy day, with a lap of the lake and surrounding mountains so around only 150 miles or so and probably about six hours, back to Riva again before starting the journey north again to Switzerland.
AJ 2 July 2017 suzuki burgman, burgman 650, belluno, riva del garda, lake garda, alpsComment
Day 3 - Kitzbuhel to Belluno, Italy
Fair warning, no sarcastic jokes and nothing went wrong today, but lots and lots of overly enthusiastic prose about how utterly brilliant, if knackering, the journey was, along with loads of photos. It wasn't a long day distance-wise, about 200 miles, but took around eight hours to do as it was all done on tiny Alpine roads, with everything from 22 degree sun to near-freezing snow and hail. Easily the most fun day I've had on the bike yet.
The starting point was Kitzbuhel which on 1st July is not quite in-season yet so is very sleepy and kind of preparing itself for the summer season, but unlike the arrival yesterday it was sunny and warm. From there is was up to a town called Zell am See, a ski resort by a lake, then from there turn right towards the Grosglockner and the High Alpine Road.
A quick mid-morning coffee-stop at the cafe in this photo, and then off towards the High Alpine Road itself. The road is a toll road billed as the highest road in Austria, but at 25 Euro is easily the best £20 anyone on two wheels will ever spend. It is about 45km of narrow twisting road which winds its way up and up and up, passing through layers of cloud, up to around 2,600 meters, about 8,500 feet. The views are spectacular from start to finish and bikers of every type abound everywhere on it.
The route started out nice and sunny, twisting it's way up towards the snow line, with patches of cloud occasionally rolling in. The photo here of the mountain poking through the cloud layer is around this point where it was still about 19 degrees and sunny. Then at roughly 7500 feet high you cross over a ridge... Oh boy did the weather change. Within about half a mile it had gone from 19 degrees and sunny, to 9 degrees and absolutely chucking it down, then to 3 degrees and sleet and snow and hail and rain, rain rain like I've never seen. I'd swear it was coming upwards from the valley below as well as down from above! This probably sounds like crazy talk, but it was absolutely brilliant! Invigorating and fun and thoroughly enjoyable, especially under a decent coat and I'd stopped on the ridge to put waterproof trousers and gloves on as the weather had looked heavy ahead.
The road has very occasional cafes dotted along it so as the rain was just beginning to penetrate the gloves I pulled off for a warming coffee, emergency chocolate cake and a change of gloves to a nice dry pair. Chocolate cake fixes most problems in life. Changing gloves is one of the benefits of having brought no less than four pairs of gloves with me - perhaps a touch obsessive I admit! I should also sacrifice a goat or something in eternal thanks for the Burgman’s heated seat and heated grips.
From the cafe it is still another 20km or so to the Grosglockner glacier itself, and about 7km from the glacier itself another road joins coming up from Lienz and is where coaches visiting the glacier come up from. The road is so small and twisty though that the coaches never get over about 10kph so overtaking is no problem at all. The Burgman has a 'Power Mode' which makes it stay in a higher rev range and be more responsive so I left it in that and the coaches were no issue at all as I darted past. I'd swear I hadn't stopped grinning for about two hours.
The glacier itself was a little shocking in an eco-beardy kind of way. I have been there before but it must have been when I was about 12 or 13 or something and we went by coach. Back then you got out of the coach and either got onto this little funicular thing that took you down from the main car park or just went down some steps and walked out onto the ice itself. Now some 30 or so years later the coach park sits a long long way from the glacier, with the visitor centre still being a good kilometre or more from the end of it and the funicular lift jobby and steps are now just running down to the rocky base where the glacier used to be. Seeing such a retreat for myself was really surprising - very different from reading about it or seeing it on TV.
From there you double back on yourself for 7km to the junction with the road from Lienz, then turn onto that to start the long slow winding route down and towards Italy.
I did get a salutary reminder on the way down of the need to take it carefully on the exceptionally tight hairpins when one sports biker heading the other way over-cooked it completely coming around the corner, ran wide onto my side of the road and was mere inches from running out of road completely. He was lucky to have got away with that. Very lucky. The corner was unusually wide with a bit of run-off, I was a long way back and could give him a flash to let him know I'd seen him and he had time to get himself sorted again, and there was no car or coach coming up.
As you descend you finally exit the High Alpine Road toll route, and after some thick thick fog back into the sun and warm again. All this way has been tiny and very quiet roads - absolutely fantastic. However from here to Belluno didn't exactly get busy, just onto what we could call B roads and an occasional A road to trundle happily along through this part of the Alps, or the Dolomites.
You can tell you are in Italy now rather then Austria by the road users. The Alpine road was full of Germans on big powerful sports bikes or touring bikes, clad in enough leather to survive a plane crash. As I got close to Belluno I couldn't help grinning at the sight of the chap coming the other way - an open-faced helmet, in shorts, flip flops, t-shirt, on an old red Vespa, with a fag hanging casually out of his mouth. Pure Italian!
Belluno itself was somewhere I just chose at random as a place that looked about in the right spot for an overnight stay but turned out to be a lovely large town. The hotel's restaurant looked a bit poncey and over-priced so I jumped back on the scooter to head into town and being on a scooter in Italy has one major benefit - park wherever you like! There was a food fair thing on in the main square and the car parking was all packed but scooters? Just drive into the pedestrianised square itself and abandon it on a corner somewhere among dozens of other scooters of all shapes and sizes, perfect!
The hotel is up on a hill overlooking the town and surrounding mountains at during the night a huge thunderstorm rolled through just adding to the drama of the day, a great end to a great day.
AJ 1 July 2017 suzuki burgman, burgman 650, alps, bellunoComment
Day 2 - Trier, Germanyland to Kitzbuhel, Austria
This is the second long day of not a lot as it was another 400 mile blast of pretty much all motorways to get to the Alps but from tomorrow the trip starts proper - no more motorways for at least five days, hallelujah.
After 923 miles of riding on the scooter in two days, the effects so far are surprisingly little. I can still bend my back as well as a decrepit overweight mid-40s chap can, and my bum seems to be coping OK with having been stuck on the same seat in the same position for the best part of 21 hours. Adjusting the seat back alters the pressure points and makes it nice and comfy again. The scooter is coping brilliantly so far.
I must be getting old as the autobahn used to hold a fascination for me as the last bastion of unrestricted speed but these days it's all just a bit too frantic. (It reminds me of a few weeks after Damon Hill retired as a Formula 1 driver - he was being interviewed by Clive James and was asked how he knew it was time to retire and he answered, 'it was at the first race, the lights went out and everyone charged off from the line and I just thought 'what's the rush?'). The speed differential between lorries doing around 60mph and then cars coming up at 130mph+ seems less exciting these days and more a tad nuts, but it's probably just me rapidly approaching old age. Part of the issue on the autobahn is making sure you are not going too slow and needing to match the speed of the traffic so on the scooter I just sat there at about 85 to 90mph and that seemed to do the trick nicely - not too fast to be catching trucks too quickly, but not too slow to be getting in the way. At that speed the Burgman was barely breaking a sweat so cruised along with still some extra poke to overtake trucks quickly when needed.
The stereotype that Germans do like a rule is definitely true on the motorways. The autobahn is a free for all between junctions but as you approach exits or tighter sections the speed limits come in at 130kph (about 80), 100 (about 65) or 80 (about something less than 65). The Germans will come hurtling along at speeds faster than seems possible, but when they get to the speed limit signs they don't just lift off and coast a bit as we do at home, they slam on the breaks and drop immediately to spot-on the indicated limit. And talking of the 'hurtling along' bit, how do they do that? I get the more powerful cars really going for it, but how do they get the slower ones to still do it? While happily trundling along at about 90mph I got passed by a Hyundai Santa Fe like I was only doing 30. I have a Santa Fe and it has never gone that fast in its life and could only dream of such glories. If I dropped it off the top of Snowdon it couldn't go that fast! And that was shortly followed by a Toyota Aygo looking like a particle fired out of the Large Hadron Collider - how do Germans get them to go so fast?
I want to be sarcastic about Germany and the Germans but I can't as they are all thoroughly lovely. The ride through Germany may have been all autobahn but the countryside is marvelious and the people are universally great. On the many many stops for petrol, the people in the petrol stations always chatted and said things like 'have a good journey' and so on. Although they do seem to sell some more 'specialised' stuff in their loos!
The weather has been on/off sunny and then wet, and as I approached the Alps I stopped to get the Vignette tax thing you need for Austria (something around a fiver so not expensive and places selling them are well signed as you get near the border). It was dry and warm at the garage selling them and in the distance was a row of Alps looking all sunny and inviting apart from one valley which was completely blanketed in thick heavy cloud and clearly suffering one hell of a storm. I thought it looked rather dramatic and lovely. I revised my opinion about 20 minutes later when it became clear that this self same valley was the route I was taking into Austria. Lovely!
Kitzbuhel in my mind is forever associated with 1980s era Ski Sunday which was always featuring something called a Klammer hurtling down some slopes which sounded impossibly existed to a lad in Wigan. In reality I have been here twice now and it may well be the wettest place on earth! I still like it though - a charming place and a good place for an overnight stop.
Tomorrow is a route called the High Alpine Road up passed the Grosglockner glacier and right up into the mountains so fingers crossed the weather breaks for at least some short spells while up there. And hopefully many more photo opportunities than so far.
AJ 30 June 2017 suzuki burgman, burgman 650, kitzbuhel, germany, autobahnComment
Day 1 - Tewkesbury to Trier, Germanyland
The first day was planned purely as a long long blast down motorways to get as close to the Alps as possible in one day, and was a day I had been a little apprehensive about as it was going to involve staying on the bike for over 500 miles.
(Note after reading the above: I don't mean 'staying on' as in falling off!)
Typically, after a couple of weeks of hot sunny and dry weather, come setting off day it was raining and forecast to do so pretty all the way to Germany. In the event though it was much more stop/start with only a few showers on the way and the scooter's ample fairings being enough to keep me dry. Even so it was a day for rocking the casual summer look of a heavy waterproof biking coat, big biking boots, waterproof gloves and waterproof over-trousers. Sometimes riding is a long long way from the mental image of some chap trundling across the plains of Arizona on his Harley in jeans, t-shirt and shades - not quite a scooter on the M25 in plastic trousers!
Packing is tight and I have one jumper with me. Somehow, by the time of my first fuel stop on the M4 I had managed to get a nice oil streak down in and then by the time of my second stop on the M25 for a breakfast Burrito, managed to tip half a bottle of coke down it. So that's me looking like a tramp for the rest of the week then. And before anyone who knows me says it, no change from normal really.
Traffic was bad but one of the joys of the scooter and the pay-off for being in the rain is pressing the button to fold the mirrors in and nipping between the rows of stationary and slow moving cars, on the M4, M25 and also in a massive jam which went on for about 10km outside Lille. Handily, there I caught up with a French chap on a big loud farty chromey bike thing which was so loud all the traffic moved to one side to jump out of his way so I could glide along nicely between the rows of cars in his wake. Looking on my scooter like a long distance pizza delivery chap.
The route today was as much of a surprise to me as anyone as I just told the SatNav to aim for Trier then just relaxed and blindly followed what it said. After the Channel Tunnel it was towards Dunkirk, then down to Lille, south through Belgium to Luxembourg, then into Trier itself. Belgium is nice enough but it has to be said it's main positive feature is that it isn't France so doesn't have that same glum air of 1970s depression while banging on about 'superior food' which may have been superior 40 years ago but hasn't moved on since.
Just to confuse the unprepared traveller it turns out there is an area of Belgium called Luxembourg, which is not your actual Luxembourg. This dear European Cousins, makes no sense. How can you have a big part of your country named after another country? It would be like the Germans creating a part of their country called France or Poland or something. Oh, hang on a minute, they have history with that already don't they...
No photos today as it has been just sitting on motorways and going and going. Apart from fuel stops. A LOT of fuel stops. It may only cost about a tenner to fill the scooter up but on the downside that fill-up is only good for 120 miles or so meaning once the tank gets to half way you can't take the risk of another big gap between filling stations and have to stop yet again.
The upside of the regular filling stops is that it does make you get up regularly and stretch your legs and bum cheeks. Not literally with the bum cheeks as that would probably be unwise on a petrol station forecourt.
That's the first 500 miles down, tomorrow is another long seven or eight hour ride from Trier to Kitzbuhel, but at least that's then the start of the Alps proper.
AJ 29 June 2017 suzuki burgman, burgman 650, scooterComment
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Good Mood Foods: What to Eat to Feel Fantastic
Ice cream sundaes, macaroni and cheese, brownies, mashed potatoes—they’re all delectable comfort foods that can pick you up when you’re having a bad day. It makes sense: Carbohydrates help boost production of serotonin, which makes you feel happy. But while pasta and cookies might make you feel good, they’re also high in calories and are easy to over-indulge in. A better idea: these healthier mood-lifting foods.
Berries: Certain chemicals in raspberries, blueberries and blackberries mimic a prescription drug called valproic acid, which has a positive impact on your mood. Add some to your yogurt or oatmeal or just snack on them—they’re delicious cleaned and straight out of the carton!
Leafy Greens: Vegetables like kale and spinach are full of mood- and energy-boosting vitamins and minerals. One in particular, folate, is known to regulate the production of serotonin (a mood-boosting chemical in the brain), which helps keep feelings of sadness and anxiety at bay.
Fatty Fish: Salmon, rainbow trout and other fatty fish have lots of omega-3s, which can help ease depression symptoms. They do this by supporting the production of mood-boosting chemicals like serotonin and dopamine in the brain. These healthy fats also help improve circulation and reduce inflammation—helping you feel on you’re A-game physically and mentally.
Nuts and Seeds: Similar to fatty fish, walnuts and flax seeds contain helpful omega-3 fatty acids. They also contain high levels of alpha-linolenic acid (ALA), which reduces depression-causing inflammation and increases the happy chemicals, dopamine and serotonin. It’s important to keep track of calories, though, as they add up quickly with nuts.
Dark chocolate: Chocoholics, rejoice! In addition to its palate-pleasing flavor, dark chocolate can help release serotonin. It also relaxes the blood vessels of the cardiovascular system, reducing the kind of inflammation that’s tied to depression. Dark chocolate also reduces the stress hormone cortisol, keeping you in a more relaxed, pleasant mood. It is calorie-dense, though, so a small piece should do the trick.
Photo Credit: A Healthier Michigan
Mary Margaret Smith says:
As a retired nurse I greatly appreciate reading healthy and nurtritious information that you share with retirees on an ongoing basis. When I go to my community meetings I share the valuable health information with other members to aid in building a healthier society. Thank You!
RuderFinn says:
We’re glad that you find our information helpful, Mary!
Fiona Gray says:
All good info that is widely available but it would be good to know how much of these foods to eat to get the benefits. E.g. Will one meal of salmon a day/week/mon to do the trick? Is farm raised better/worse than wild caught and why? What if I reach for nuts every time I would prefer a cookie? Are there disadvantages of eating too many berries at one time? Etc. Etc. Etc.
Grace Derocha says:
Thanks for your comment and insights, Fiona. You have given us inspiration for some future blogs.
Leave a Reply to Mary Margaret Smith Cancel reply
TAGS: Tags Diet & Nutrition, Happiness
Cooking Together, Growing Together
Why You Should Give Farmers Markets a Try
The Truth About Coconut Oil
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The band Minor League performs at a home in Toco Hills. The show was arranged by Sofar Sounds, a London-based company that stages concerts in private homes around the world and in Atlanta. Contributed by Laura Grace Sears
The best live show in town might be in your own living room
Felicia Feaster, For the AJC
Home concerts, plays, comedy and art shows break down social barriers
In the past, the intimacy of inviting strangers into your home was often at the service of making money by selling products for Amway, Mary Kay or Tupperware.
But the 21st century has heralded a new twist on rolling out the welcome mat.
A trend gaining momentum in Atlanta has homeowners teaming up with theater companies, visual artists, comedians and musicians to create art exhibitions and one-night-only performances in their homes. In these living room shows, both audiences and performers have a chance to come together and bask in the glow of creativity without the excessive cost and rude public behavior that so often characterizes live shows.
Pop-up living room performances distill a new interest in community building to offer moments of interpersonal connection that break through our solitary, technology- and social media-dominated lives. It’s all part of a sharing economy where the usual boundaries of personal property and personal space are disrupted by new business models and a desire to commune in new ways, à la Airbnb, Lyft, Uber or WeWork spaces.
New York-based actress Siobhan O’Loughlin performs “Broken Bone Bathtub” in bathtubs across the country, including a stint in Atlanta in May. Contributed by Jeromy Barber
Photo: For the AJC
In May, New York-based performer Siobhan O’Loughlin traveled to Atlanta to perform her one-woman show, “Broken Bone Bathtub,” in the most intimate private spaces imaginable: residential bathrooms.
Wearing nothing but a concealing raft of suds, O’Loughlin directed questions at her small audience — perched on stools, potties and counter tops — inviting them to reveal their personal anxieties and histories while one audience member gently washed her hair.
“Broken Bone Bathtub” is centered on the bike accident that left O’Loughlin with a broken arm and a need to traipse to friends’ apartments to use their bathtubs. That is the plot, but the story is very different. At its heart, the show is about a deep desire for meaning and human connection.
“People have talked to the group about all manner of things, from eating disorders to sexual assault and self-mutilation and grief and trauma and anxiety,” says O’Loughlin, who is performing the show in Houston and East Hampton, New York, homes through September. “People have cried openly about loss.”
Such is the power of art played out in the intimacy of one’s home and not on a stage where the audience sits in a pool of darkness while the performer is blinded by a beacon of light.
Close connections
Atlanta’s Out of Hand theater has been staging one-person performances with a social justice hook in private homes across the city for six years. Minka Wiltz, who has performed her solo show “Shaking the Wind” in the homes of judges, professors and attorneys, says these types of performances offer a fresh challenge for performers, tapping into a very different skill set.
“When I can look up and see the tears and emotion on the audience members’ faces, I am also challenged to stay in the moment while making sure to give the audience time to enjoy the moments as they unfold,” she says.
These intimate shows not only topple the fourth wall between performer and audience, but they also break down barriers between audience members, says Ariel Fristoe, artistic director for Out of Hand.
“You can go to a play in a theater and go home without ever talking to anybody but the person who takes your ticket,” says Fristoe. “In a home, you are greeted by the host and the Out of Hand staff and introduced to other audience members over food and drinks. Then you sit down together and watch an hour-long show about a social justice issue, and afterwards, everyone eats and drinks and talks. Our shows in homes are really a mix of cocktail party and community conversation.”
Comedian Sam Gordon performs a living room show in Atlanta’s West End for Don’t Tell Comedy. Contributed by Ashton Gardner
Two national organizations that bring pop-up performances to homes around the country and the globe began operations in Atlanta this year. London-based Sofar Sounds made its Atlanta debut with five concerts in May and have already scaled up to 19 in August. Los Angeles-based Don’t Tell Comedy has brought comedy shows to homes as well as rock climbing gyms and art galleries. Sofar and Don’t Tell Comedy are part of a trend disrupting the usual bar and nightclub scene of distracted audience members on cell phones or incessantly chatting during sets.
“Don’t Tell was absolutely created as a response to the negatives that come with comedy club culture,” says comedian Sam Gordon, who produces and hosts Don’t Tell Comedy events in Atlanta. Among those negatives she cited were “drink minimums, overpriced menus and, up until recently, very limited diversity in lineups.”
Perks for performers
For performers, living room performances provide an economic benefit by not having to contend with the cost of paying for brick-and-mortar spaces.
“We are performing this way because we can’t afford to put work up in venues,” says O’Loughlin. “If I was renting a space, I wouldn’t be able to do this,” she admits.
They also get the pleasure of performing in front of audiences that are fully engaged.
“It’s really great to be exposed to people who genuinely want to listen,” says Nashville musician Hadley Kennary, who played a recent Sofar event in Old Fourth Ward, where audience members sprawled on pillows on the floor or became one with well-worn couches. Each time a new singer began a set, the room grew silent, every eye directed toward the chair set up in a corner of the living room.
Attending a Sofar or Don’t Tell Comedy show requires signing up online without knowing who is performing and receiving an address the day of the event. Cody Turner, Sofar Sounds director in Atlanta, says applications for a spot at a Sofar show are now up to 300 people per show. The audience is expected to stay for the entire performance and respect the performers by keeping interruptions to a minimum.
Camayuhs gallery in Peachtree Hills is one of several Atlanta art galleries located in private homes. Contributed by Jamie Steele
Galleries join the trend
It’s not just the performing arts that have seen the impact of in-home experiences. Several Atlanta galleries are also doing their part to dismantle the usual barriers between artists and their audience.
Jamie Steele’s Camayuhs gallery is a contemporary art space tucked into her charming Peachtree Hills cottage.
“I like to think of Camayuhs’ openings more like a house party than a ‘gallery opening,’” she says. “The domestic atmosphere lends a comfortable vibe, and people are more relaxed. I think if you are someone who doesn’t usually look at art or go to openings, you could feel intimidated or out of place. I’m hoping that people don’t feel like that at Camayuhs.”
Although they are currently on hiatus until they find a new gallery space, Steffen Sornpao and Jordan Spurlin of Good Enough gallery have hung art shows in homes in Capital View and Gwinnett County.
“I believe showing in these intimate spaces breaks the social anxiety of attending a typical opening because you’re in a familiar environment with a level of equality felt between artists, curators, viewers and friends,” says Sornpao.
“People are looking for unique, personal experiences when they go out,” says Out of Hand’s Fristoe. “We all have access to outstanding art on our TVs, tablets and phones. And a lot of the time, it’s great to stay home and watch incredible performances from your couch. So when you invest the money and effort to go out for arts and culture, you want to have an experience that you can’t get from your couch, something personal, something local, something unique — an experience that includes human interaction that you just can’t get on any device.”
Out of Hand. “Conceal and Carry,” Sept. 7-Nov. 17. $30-$22. Living rooms throughout Atlanta, www.outofhandtheater.com
Sofar Sounds. www.sofarsounds.com
Don’t Tell Comedy. www.donttellcomedy.com
Camayuhs Gallery. 137 Mobile Ave., Atlanta. By appointment only. www.camayuhs.com
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Coast Guard Boss: Ahoy! Icebreakers on Budget Horizon
Liz Ruskin, Alaska Public Media
Coast Guard Commandant Paul Zukunft. Photo: KRBD
The head of the U.S. Coast Guard says lawmakers and the national security staff are waking up to the need for more icebreakers as the Arctic opens to increased ship traffic.
“This is really generating a lot of interest and I am optimistic that on my watch we will see, no fooling, forward progress as we look at building a national fleet of icebreakers,” said Admiral Paul Zukunft, in a speech at the National Press Club in Washington, D.C. this week.
The commandant says he’s had a peek at bills pending in Congress that detail how his service will fare in its campaign to modernize.
“I can’t share those with you, but it may very well bring the largest acquisition budget to the Coast Guard in Coast Guard history,” he said.
That optimism stands in contrast to an assessment a few months ago by the Government Accountability Office. The GAO says the list of ships and airplanes the Coast Guard says it needs is unaffordable. The report also says one upcoming project – the construction of 25 offshore patrol cutters – is expected to consume two-thirds of the Coast Guard acquisition budget until 2032.
Zukunft, in his speech to the Press Club, also discussed the lack of modern charting in the Arctic, and said the Coast Guard is considering a traffic separation plan for the Bering Strait to prevent collisions.
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http://www.alaskapublic.org
Liz Ruskin covers Alaska issues in Washington as the network's D.C. correspondent. She was born in Anchorage and is a West High grad. She has degrees from the University of Washington and the University of Missouri School of Journalism in Columbia. She previously worked at the Homer News, the Anchorage Daily News and the Washington bureau of McClatchy Newspapers. She also freelanced for several years from the U.K. and Japan, in print and radio. Liz has been APRN’s Washington, D.C. correspondent since October 2013. She welcomes your news tips at lruskin (at) alaskapublic (dot) org | About Liz
Galvin tries again to unseat Young
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As University of Alaska faces uncertain financial future, officials focus on supporting current students
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Koko, the Gorilla Signs Request for Surgery
By Jennifer Viegas, Discovery News
Aug. 9, 2004 — Koko, a 33-year-old gorilla that was taught to communicate using American Sign Language, recently told her caregivers that she desired oral surgery to remove an aching tooth, which was extracted with success on Sunday. (To enlarge the photo of Koko pointing to her sore tooth, click on the link)
The unusual request likely marks the first time that an animal ever has used language created by humans to ask for surgery.
Lorraine Slater, development director of the Northern California- based Gorilla Foundation that houses Koko, told Discovery News that the lowland gorilla had been signing about tooth discomfort for a while before she communicated that the pain had become more intense in the past three to four weeks.
Slater said Koko's caregivers created a chart containing the numbers one through 10 with corresponding amounts of dots, as the gorilla responds to visual information.
Over the past several days, the researchers asked the gorilla on a daily basis to communicate her level of tooth pain.
"Sometimes the pain was rated a two or a three just after Koko was given medication," said Slater. "She then rated the pain as a seven and then an eight. We gave her the choice of having more medication or an operation, and Koko communicated that she desired the operation."
Slater explained that the gorilla knew what an operation was because caregivers previously gave Koko an "operation doll, similar to what young children play with," along with lessons about basic medical procedures.
"Koko in the past has told us that she was feeling under the weather, but this perhaps is the most dramatic example of her communication abilities concerning health," said Slater.
When asked if she wished to meet her doctors before the procedure, Koko said yes. On Sunday, a medical team consisting of doctors and veterinarians volunteered to examine the over 300-pound gorilla.
By all accounts, the doctors were star struck.
David Liang, an assistant professor of medicine at Stanford University who helped to conduct the medical exam, commented to the San Francisco Chronicle, "Koko's famous. It's not often that we get to work on a celebrity. Probably, Koko is less demanding."
Slater said Koko remained calm throughout the exam and even beckoned one of the doctors, who was wearing red, to come closer. Slater explained that Koko's favorite color is red.
The gorilla then signed that she wished to see the doctor's business card, which Koko examined before eating it.
"She didn’t eat anything before the surgery, so my guess is that she was very hungry," said Slater, who added that Koko now is eating baby food and doing fine, save for a bit of tooth pain.
Since the foundation was established in 1976, Koko has learned to sign over 1,000 words and she understands over 2,000 words.
According to her caregivers, the gorilla has a tested IQ of between 70-95 on a human scale, where 100 is considered "normal." Koko's companion Michael had a vocabulary of 600 words before he died four years ago.
Aside from her tooth troubles, Koko is in good shape, according to her doctors. The team that examined her on Sunday believes no medical problems should prevent her from siring children with her mate, Ndume.
Slater indicated that gorillas have given birth in their 40s, so motherhood may be in Koko's future.
"Koko is so admired that we hope to build a sense of care and concern for all gorillas, particularly as they are physiologically very similar to us," said Slater. "Somehow we need to build public momentum. With apes now being hunted to dangerously low numbers, it is critical that we all take a stand to save them from extinction."
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71. Dr. Pankaj Kumudchandra Phadnis Vs. Union of India Ministry of Law and Justice [MARCH 28, 2018]
72. P. Meenakshisundaram Vs. P. Vijayakumar & ANR. [March 28, 2018]
73. State of Tamil Nadu Vs. S. Martin Etc. [March 28, 2018]
74. Smt. Lakshmamma Vs. The Commissioner, Bangalore Development Authority and ANR. [March 28, 2018]
75. Harita Sunil Parab Vs. State of NCT of Delhi and Others [March 28, 2018]
76. Krishnakant Tamrakar Vs. The State of Madhya Pradesh [MARCH 28, 2018]
77. Asian Resurfacing of Road Agency Pvt. Ltd. & ANR. Vs. Central Burueau of Investivation [March 28, 2018]
78. Vinod Vs. Collector and Chairman, District Selection Committee, Chandrapur & Ors. [MARCH 28, 2018]
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Home » Beef » Calls for a €200/suckler cow payment tabled in Dail motion
Calls for a €200/suckler cow payment tabled in Dail motion
Conor Finnerty
Feb 19, 2018, 11:09am
Fianna Fail is set to table a Dail motion this week, which will include calls for a €200/suckler cow payment to be introduced via the current Beef Data and Genomics Programme (BDGP).
The party’s agriculture and food spokesperson, Donegal TD Charlie McConalogue, stated that Fianna Fail is prioritising the suckler sector and over 75,000 farm families nationwide with a Dail motion on Wednesday, February 21, under private members time.
Commenting on the development, Deputy McConalogue said: “The almost one million suckler cow herd is pivotal to supporting the local economy in rural Ireland, with every €1 of support provided to suckler farmers generating over €4 of economic activity in rural parishes.
“While suckler farmers underpin our €2.5 billion beef exports, they generate average incomes below €13,000 each year and are fully dependent on CAP supports to maintain their livelihoods.
“The suckler sector is facing threats on many fronts, with successive Fine Gael led Governments found wanting.
The Government has refused at every avenue to look at all options to introduce a €200 payment per suckler cow. Fianna Fail has championed this as a key policy and will continue to campaign for its delivery.
“Suckler farmers are being let down with the Government accepting at least 70,000 extra tonnes of South American Mercosur beef into the EU. The timing of this couldn’t be any worse for farmers with Brexit having the potential to place tariffs on half of all our beef exports,” he said.
Deputy MConalogue is also of the opinion that the Beef Forum has failed farmers and has become “a talking shop with commitments originally made being reneged on”.
Underspend review
As part of Fianna Fail’s motion, the Minister for Agriculture, Food and the Marine, Michael Creed, has been called on to review the current underspend accruing across several Rural Development Programme (RDP) schemes.
Minister Creed has then been asked to report back within two months to the Oireachtas on a roadmap towards targeting RDP underspend to the suckler sector, as well as other vulnerable sectors.
“The underspend in the Department of Agriculture soared to €186 million over the last two years, while several 2014-2020 RDP schemes are on course to underspend significantly, such as GLAS and TAMS.
“Given the existential threats of Brexit and any Mercosur deal on suckler farmers’ incomes, the Government must immediately seek EU recognition of these and request funding supports – including Common Agricultural Policy (CAP) market disturbance funds.
“Fianna Fail is asking for cross-party support for this motion to send a strong message from Dail Eireann to the Government that these farmers need to be supported,” Deputy McConalogue concluded.
‘Suckler cows are keeping people in jobs in rural Ireland’
Is the suckler cow herd really in decline?
Charlie McConalogue Fianna Fail Suckler Cow
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Home Instagram
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5 Daily Routines to expand your network on Instagram
Instagram Imran Uddin - May 25, 2019
Instagram has quickly become the most favorite social platform for the people who have over 700 million active monthly users. The creators use this...
Here’s How to Get Your Best 9 Instagram Photos Of 2019
HOW-TO Imran Uddin - February 5, 2019
As 2018 is over, you might have noticed everyone posting their best nine Instagram photos of 2017 in the form of a collage picture. Most...
Instagram Bios Ideas | Funny, Cool & Unique Instagram Bios You Will Love To Use in 2019
Instagram Vamshi - January 22, 2019
There is a saying that 'The First Impression is the Best Impression'. When it comes to the social media, it is truer than ever....
How to Hack Instagram Account (By/Without) Coding in Hindi in PC
HOW-TO Vamshi - October 27, 2018
How to Hack Instagram Account (By/Without) Coding in Hindi in PC - Instagram is the most popular online photo and video sharing app today...
How To Download Instagram Stories Of People You Follow?
Instagram Nagrik - September 14, 2018
One of the most used features on Instagram is "The Story". Instagram stories are basically a series of images or videos which all of...
11 Amazing Tips to Gain Free Instagram Followers
Instagram Sid - August 29, 2018
Social media had been taken by storm with the launch of Instagram on the 6th of August 2010. Instagram influencers earn a lot of...
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HOW-TO Keerthan - June 15, 2018
Instagram is the new social media giant. we spend at least an hour a day scrolling down our instagram feed. It is an amazing...
Who Unfollowed Me On Instagram? Find Unfollowers In Instagram
HOW-TO Vamshi - June 6, 2018
Are you an Instagram user? If yes, then this article is for you. Every Instagram user would want to get more likes on his/her...
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BURIAL GROUND
Andrea Bianchi, Italy, 1981, Severin Films, Horror
“If you just want a film that says ‘fuck it, here’s zombies’ and then proceeds to chuck as much madness at your eyes as possible, then you can’t go wrong with this one.” -- Chris Scullion, That Was A Bit Mental
Simply one of the funnest brain-dead, plot-free, shock-driven Italian zombie maggotstorms, BURIAL GROUND is also a traditional Italian fairy tale about a castle and a manchild who wants to have sex with his mother (disturbingly portrayed by diminutive adult actor Peter Bark.)
Psychosexual sleaze maestro Andrea Bianchi (MALABIMBA: THE MALICIOUS WHORE) unleashes enough flesh-ripping, gut-chomping and depraved Oedipal mayhem to set insane new standards: Mariangela Giordano (SATAN’S BABY DOLL, MALABIMBA) stars in the splatter classic about a cursed country estate besieged by horny houseguests, undead Etruscans and the unusual relationship between mother and son.
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Father Saves Family From Intruder Trying To Torch Home
A Lubbock, Texas, man used his firearm to save his family of six from a fiery death early Sunday morning.
According to local media reports, the family was sleeping when a man broke in the back door and went into the kitchen. One of the kids heard him, and let his parents know. The father quickly armed himself and went to confront the intruder.
“At that point, the father says the suspect told the family to get out of the house as he poured lighter fluid on the floor and attempted to light it on fire,” the police statement stated. “The father says he told the suspect to stop or he would shoot, but the suspect became more agitated and began approaching him until he could no longer back up. The suspect was then shot in the stomach.”
The intruder was taken to a nearby medical facility with non-life-threatening injuries.
Wikileaks: Clinton Planted Gun-Control Supporters, Planned Anti-Gun Remarks At Town Hall
Correspondence uncovered as part of the Wikileaks Podesta email release shows the Clinton campaign embedded anti-gun activists and planned to push anti-gun talking points at a “town hall” event staged in New Hampshire last year, Breitbart reports.
In preparation for that event at Manchester Community College—just four days after a shooting at Oregon’s Umpqua Community College—the emails offered “talking points” about gun control but cautioned staffers not to tip their hand: “This is not a town hall exclusively about gun violence—it’s just a regular town hall.” Nonetheless, the emails noted, “the person who will introduce [Clinton] will tell a story about gun violence in her life, and there will be people in the audience from gun violence orgs.”
The following week, at another New Hampshire college “town hall,” Clinton said the “Australian example”—where at least 640,000 pump shotguns and semi-automatic rifles were confiscated from lawful people and destroyed—would be “worth considering at the national level” in the United States.
Even At The Global Level, More Guns Do Not Correlate With Higher Crime
Second Amendment advocates and anti-gunners have long disagreed on whether more guns lead to more crime, or less crime. While the data collected within the United States has conclusively pointed to the latter, an Oct. 22 article in The Telegraph aimed to see whether the trend held on a global basis.
The Telegraph compared data from the Small Arms Survey and the 2012 Congressional Research Service Report to create two lists: the 10 countries with the highest gun ownership, and the 10 with the highest number of gun-related deaths. If anti-gunners were right about the relationship between guns and crime, the two lists should have looked identical. However, only one country appears on both lists—Uruguay, which ranked eighth-highest in gun ownership and tenth-highest for firearm-related deaths.
The United States, with the highest per-capita gun ownership by a large margin, didn’t even make the top 10 for gun violence—and as gun ownership has risen, firearm-related deaths have plummeted. The message here is clear, but if anti-gunners haven’t cared about the facts before, why would they start now?
Bloomberg Spends Big Bucks To Make N.H. Like N.Y.
We’ve already seen gun-ban billionaire Michael Bloomberg throw millions into gun-control ballot initiatives in Maine and Nevada—but now that Silver State Second Amendment supporters are fighting back, as Ginny Simone reports, he has set his sights on New Hampshire.
The former New York City mayor has rewarded Democratic New Hampshire Gov. Maggie Hassan for her anti-gun votes with $2 million in ads for her Senate campaign. Now he’s looking to buy a Senate seat for former Sen. Peggy Gilmour by running an ad against her competitor. In true Bloomberg fashion, the 30-second spot just can’t quite seem to tell the truth. It’s full of false and misleading statements, which seem to be the hallmark of Bloomberg-funded groups like Everytown and Moms Demand Action.
In truth, billionaire Bloomberg will say, do or spend whatever is necessary to advance his gun-control agenda. With Hassan and Gilmour, he would have two willing accomplices in the Granite State.
Woman Who Saved Son From Intruder Questions Why Anyone Wouldn’t Own A Gun
Last October, Ashley Mundy was falling asleep with her four-year old son, Braedyn, when they were shaken awake by the sound of shattering glass. Mundy was surprised to find her neighbor, Bruce Jolly, disarming the security system in their Topeka home. Fortunately, she had armed herself with her 9 mm handgun, so she aimed and fired.
Now Mundy is speaking out. She recently told WIBW-TV, “My dad encouraged me to get a conceal and carry, and I just felt that was the thing to do at that moment.” After being shot in the arm and hip, Jolly escaped Mundy’s home, but was apprehended at a neighbor’s house—where police found he was carrying a machete during the invasion.
“He had meth in his system,” Mundy continued. “I worry about Braedyn every day and I can't imagine what he could have witnessed. You don't have to have a conceal and carry to have a gun in your home; why wouldn't you want to protect yourself?
Payton Taylor Is NRA Country
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Recording Let's Plays on the Apple II
by Ken Gagne Filed under Game trail, Hacks & mods, Happenings;
Last week I attended the 27th (and my 18th) annual KansasFest, a convention for Apple II users. I was thrilled to be among fellow retrocomputing enthusiasts, charging my batteries for another year of Juiced.GS and other hobby projects.
As an educator and public speaker, I love giving presentations at KansasFest. Most of the event's talks are technical in nature, whereas I tend to take what I've learned in the other areas of my life — podcasting, crowdfunding — and apply them to the Apple II. This year, I drew upon my experience developing a YouTube channel and demonstrated how to record a Let's Play video using the Elgato Game Capture HD hardware (but not the more expensive HD60, which lacks the necessary A/V input port).
This $150 device is normally used to capture HDMI audio and video, but with an included adapter, it can capture component video as well. By plugging the red component cable into an Apple II's composite video output, and then connecting the computer's headphone jack to a 3.5mm-to-RCA adapter, the audio and video from an Apple II will show up oon a PC or Mac in the Elgato's software — but with a delay. A monitor stills need to be connected to the Apple II, which is why I used Chris Torrence's Night Owl monitor plugged into the IIc's video port; an RGB monitor connected to a IIGS will work as well. Then I used a 3.5mm Y-splitter to connect headphones or speakers to the Apple II. (Note that the IIc Plus does not have a headphone jack; neither does the IIe, unless you add a RetroConnector adapter.) Finally, a USB headset allowed me to overlay my audio commentary over the recorded gameplay footage.
Prefer to learn these techniques visually? Mike Whalen streamed my KansasFest session and has made it available on YouTube:
Here's the Let's Play Flapple Bird video that I recorded during this session.
The capture process was not perfect, as I had to make two edits in Final Cut Pro X before uploading to YouTube: the height of Elgato's exported video was stretched (654 x 480), so I reduced the Y-scale to 85% (though ultimately I went with an X-scale of 147.79% and Y-scale of 125.62%, so as to occupy the full window); and the color was off, so I adjusted it per this screenshot.
Editing Flapple Bird in Final Cut Pro X.
I saved this setting as an "Apple II" preset.
Also, I should've disabled the KansasFest sound system, as I was close enough to the speaker for my USB headset to pick up my booming voice, resulting in poor audio quality.
Although my session focused primarily on Let's Play videos, I also gave a brief introduction to unboxing videos, the genre with which I launched my YouTube channel. I combined unboxing Let's Play, and the Apple II when I unboxed and played Retro Fever.
Not sure why anyone would watch someone else play a video game — or what my "I moth stories" shirt meant? Both are explained in this video from a monthly storyslam I attend in Cambridge, Massachusetts.
I hope this session was useful and that it inspired attendees to record and share their subjective experience with Apple II software. I look forward to your YouTube videos!
Tags: capture, Dagen Brock, Elgato, Elgato Game Capture HD, FCPX, Final Cut Pro, Flapple Bird, Flappy Bird, KansasFest, KFest, Let's Play, Moth, YouTube
Steven Weyhrich says: July 20th, 2015 1:40 PM
Where did you get the video effects at the end of the Flapple Bird let's play? (The smoke coming off the gamebits logo?)
Ken Gagne says: July 20th, 2015 3:25 PM
Oh, that's part of Flapple Bird — didn't it look 8-bit to you?
But seriously, I bought it on Fiverr.
Michael Mulhern says: July 20th, 2015 6:16 PM
I'm going to get a training regimen setup so I can double my best score!
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The Shortlists | Acquisition of the Year | Artist of the Year | Book of the Year | Digital Innovation of the Year | Exhibition of the Year
Opened November 2017
Jean Nouvel’s spectacular building has been widely acclaimed, with critics lauding its fusion of local architectural traditions and gleaming modernity. The museum’s cross-cultural displays have provoked debate and – for all the noise about the Salvator Mundi – it has made extensive acquisitions, ranging from 17th-century tapestries to Song dynasty sculpture and important Mamluk objects.
Photo: Hufton and Crow; © Department of Culture and Tourism Abu Dhabi
Musée de la Romanité, Nîmes
Opened June 2018
This futuristic glass-panelled building, designed by Elizabeth de Portzamparc, displays some 5,000 artefacts, including recently discovered mosaics – testament to a time when Nîmes was one of the most prosperous cities in the Roman empire.
Photo: © Nicholas Borel
Royal Academy of Arts, London
Reopened May 2018
David Chipperfield’s thoughtful interventions have quietly transformed the RA. Burlington House and Burlington Gardens are now connected, the RA Schools are no longer hidden from view, and highlights from the permanent collection are displayed in a new gallery.
Photo: Simon Menges
Queen’s Diamond Jubilee Galleries, Westminster Abbey, London
Until this summer, the triforium was an unused space in Westminster Abbey. Now, 16 metres above the nave, the cleverly converted (and grand) attic houses one of London’s most original museums, displaying artworks and artefacts from the abbey’s collection – including a thrilling selection of funeral effigies.
Photo: Alan Williams. Image courtesy Westminster Abbey
V&A Dundee
Opened September 2018
Kengo Kuma’s cliff-shaped building houses Scotland’s first museum dedicated to design. The permanent collection in the Scottish Design Galleries highlights the country’s many contributions to this field, while the museum’s collaborative programme with the V&A in London underlines its international ambitions.
Photo: © Hufton and Crow
Weltmuseum, Vienna
Reopened October 2017
The display of the ethnographic collections of the Hapsburgs, one of the most important in Europe, has been completely reimagined. The museum is still in the Hofburg, but now tells a nuanced story about how these artefacts came to Vienna – though it isn’t afraid to make the most of their aesthetic appeal.
Photo: © KHM-Museumsverband
Does the Louvre Abu Dhabi live up to its aims?
The Louvre Abu Dhabi is undeniably impressive, but can it succeed in becoming the universal museum it wants to be?
‘The space has an otherworldly quality’ – Stuart McKnight on Westminster Abbey
A conversation with Stuart McKnight of MUMA, the architects responsible for the new galleries in the triforium at Westminster Abbey
How the V&A Dundee is rewriting the history of Scotland
The country’s first design museum is taking a cosmopolitan approach to presenting the national story
New description
Awards 2018 Winners
Charles Saumarez Smith
The Dodge Collection of Soviet Nonconformist Art
‘Charles I: King and Collector’
‘The History of Venetian Renaissance Sculpture, ca. 1400–1530’ by Anne Markham Schulz
Digital Innovation of the Year
HENI Talks
Apollo Awards 2018 The Shortlist
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Journey Forward Hosts 5th Annual Walk to Support Those with Spinal Cord Injury
Walk highlights the great physical strides those with spinal cord injuries can achieve
CANTON, Mass., October 30, 2014 – Journey Forward, a non-profit organization dedicated to bettering the lives of those who have suffered a spinal cord injury, today announced that it raised $32,000 at the fifth Annual Journey Forward Walk, held Saturday, October 25th at its Canton location. The annual walk challenges Journey Forward clients to reach new mobility goals, while raising funds to increase the availability of treatment at Journey Forward. Twenty-four participants took part in this year’s walk.
The walk is both a fundraiser and a challenge for the Journey Forward community. Clients set goals to challenge the mobility they have gained through Journey Forward’s intensive exercise programs, walking a few steps or even a full lap around the 1/10 of a mile course.
“Twenty-four clients, many of whom were told that they would never walk again, participated in this year’s walk,” said Dan Cummings, founder of Journey Forward. “Each client had his or her own particular goal. Whether it be 15 steps, 1/10 of a mile or even up to two miles, these individuals went out and completed what they were once told was impossible. Here at Journey Forward, nothing is impossible.”
Attendees of the walk were asked to donate $20 in support of Journey Forward. The family-friendly event also included a raffle, silent auction, and pony rides and a moonwalk for children.
This year’s walk was followed by a ribbon cutting ceremony for the TheraStride, a critical new piece of equipment for Journey Forward. The TheraStride was purchased with a grant from the Arbella Insurance Foundation, and will be used as part of the Neurological Recovery Network run by the Christopher & Dana Reeve Foundation. Arbella Insurance Group President and CEO John Donohue and Peter Wilderotte, president of the Christopher & Dana Reeve Foundation, were both in attendance.
“The Arbella Insurance Foundation has supported Journey Forward since Dan first started the program,” said Donohue, chairman, president and CEO of the Arbella Insurance Group and chairman and president of the Arbella Insurance Foundation. “We have seen firsthand the amazing results the Journey Forward rehab programs offer its clients. This organization truly gives people their lives back and we’re proud to contribute funds for equipment that makes that possible.”
In addition to the funds raised during the walk, the Arbella Insurance Foundation and the Ray Tye Medical Aid Foundation both contributed $5,000 in sponsorship of the event.
About Journey Forward
Founded in 2008, Journey Forward is a 501(c)3 non-profit organization dedicated to bettering the lives of those who have suffered a spinal cord injury through an intensive exercise program. Journey Forward’s mission is to make their programs accessible to all who need it. By implementing the latest advancements in exercise, Journey Forward assists those with spinal cord injuries to achieve some of the most basic lifelong functions and benefits. Journey Forward is located in Canton, Massachusetts.
Christine Williamson
Greenough Communications
cwilliamson@greenough.biz
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Drawn Passions: Min7en Section Part Three (Heavy Lemon)
Drawn Passions: Min7en Section
Part Three (last): Min reads a manga to expand his vocabulary. Se7en has other ideas.
Rating: NC-17 - LEMON WARNING
Min7en Section: Part One. Part Two
Jaeho Section: Part One. Part Two. Part Three
There will be a Yoosu Section. Plunny gifted by: thuggedoutchick. Honey, please forgive me for taking liberties. Now I've REALLY subverted your plunny.
Changmin’s waist felt too slender to Se7en when he spanned his hands along the young man’s sides. The days spent apart had been hard ones, the constant activity thinning Changmin’s already too slender body. His stomach muscles were firm, the lines of his arms distinct. Kissing his way up his lover’s body, Se7en paused, and kissed at the spot above Min’s heart.
“Did you keep me there while you were taking over Asia?” He asked, licking once at Min’s nipple. “I kept you with me.”
“I called, didn’t I?” Changmin smiled softly, moaning slightly with every movement of Se7en’s mouth. “I need you, Shichi.”
“You called all the time,” His lover nodded, guiding Min into a sitting position. Working his legs under the young man’s legs, he pulled the singer in close, placing one ankle behind him then the other. Placing his hands under Min’s rear, he pushed up, maneuvering the young man into place. “Come here, baby. Sit against me. I want you facing me.”
Changmin allowed himself to be raised above Se7en’s hips, settling himself against the other’s chest. Reaching back, he ran his fingers down his lover’s hard sex, grasping the tip to lead it in. The head was slippery, made slick from gel and spit. He fought from laughing when Se7en’s shaft slid from his fingers, dancing away with a coy bob.
“I don’t think he wants me,” Min teased his lover, sucking at Se7en’s mouth with a sloppy kiss. “He’s shy.”
“Minku, there is no part of me that’s shy. He’s just afraid we’re going to be interrupted again,” Se7en growled, sliding his hand under his lover’s body. Grasping himself, he pressed up, looking for the dip between the shadowed cleft. He found the spot with little effort, familiar with the feel of his lover’s entrance. “Hold still, Minku. I don’t want to hurt you.”
Changmin never wanted to get used to the feel of Se7en sliding into him. That was an experience he hoped he would always relive anew each time they were together. The other man’s thick head pushed in, incessant on reaching up inside of the younger man’s core. Hissing, he leaned his head back, holding himself up as Se7en worked his way in.
The older man rested the tip of himself at the tight swirl, rubbing into the gel he’d left there. He cupped Min’s rear, holding the other man steady as he gently lowered him down. Gasping, Min growled at the slow pace, frustrated at being left empty and wanting.
“Not enough,” Changmin scraped his teeth along Se7en’s jaw, resting his hands on the other man’s chest, He let his fingers wander, stroking at the tattoo on his lover’s arm. Supporting himself on one hand, he bent over to lick at the ink, biting down at the wings when Se7en slid further past the tight ring.
It filled him and he bit harder, wanting more of his lover. As Se7en’s hard length pushed up into his guts, Min nearly screamed, stretched apart by the invading flesh. Letting go of the other man’s arm, he cast his head back, panting as he tried to maintain his balance, guided carefully down by Se7en’s hands on his hips.
The feel of flesh entering him drove Min wild, and he gripped at Se7en’s shoulders, pleading with the other man to fill him. His words were growled, a darkness heating their meaning until Se7en couldn’t hold back any longer. Taking short thrusts, he buried himself deep into Min’s body, pulling the younger man down upon his lap until they were joined tight.
Grunting, Changmin pushed down, driving himself against his lover’s hips. Se7en rose to meet him, hands tight along his back, thumbs stroking at the younger man’s hip bones. The jutting flesh rooted into the young man, driving farther in with every stroke.
“Tell me that you missed this,” Se7en pulled Min’s earlobe into his mouth, chewing the drop of flesh between his teeth. “Tell me that you lay awake at night with your fingers inside you and hoping I’d be here.”
“You know that,” Min panted, dropping his head down. Resting his temple against Se7en’s cheek, he rolled his hips up, circling around his lover’s sex.
“I want to hear you say it, Minku,” The other man bit harder. He knew he’d leave a mark there, a small purple splotch to remind Min of their night together. He started to drive hard, pushing and straining deep into Min’s body. The gel slid around Se7en’s shaft, moistening Min’s entrance.
“I did,” Changmin nodded, his pants growing longer. He tried to answer but his tongue seemed leaden in his mouth, his words driven from his mind. “You hear me do that for you.”
“I want to hear you say that you missed me,” Se7en insisted.
“I missed you, Shichi,” The younger man tangled his tongue against Se7en’s, knotting his fingers behind his lover’s neck.
“God, you have no idea how hard it makes me when you say that,” He laughed into Min’s open mouth, listening to the echo reverberate. “I thought I was going to have to stop what I was doing to make you beg.”
“I don’t like to beg,” Changmin growled, clamping himself tight around his lover’s shaft, twisting his hips.
“I know,” Se7en kissed him harder, pushing him down onto the mattress. “That’s why I like hearing you do it.”
Changmin bounced against the bed, his legs suddenly under him. Se7en had withdrawn fully, much to his disgust. About to protest loudly, he found himself being turned over, the older man’s strong hands easily moving his slender frame.
“Hold onto the bed, Minku,” Se7en sank his teeth into the skin between Min’s shoulder blades. “I’ve got some plans for you.”
“Good, because you’re taking too long,” Changmin snarled when Se7en’s fingers dug into his mouth. He bit, sucking on the invading pinkie. The scent of their mingled bodies thickened his sex and he growled, needing his lover inside of him.
He was suddenly full again, Se7en’s body resting against the line of his back. The deep thrusts of his lover’s shaft into his heat nearly lifted him clear from the bed. Curling his toes, Min bent his knees, trying to get a bit of leverage under him, hoping to drive the other man in harder. The world stopped then spun as Se7en’s length touched at the spark hidden inside of him. He could hear himself moan, then plead before finally falling into small short pants that mingled Se7en’s name in with guttural cries.
Changmin no longer worried about Taebin and if the other man could hear them. Tilting his head up, he turned his face, searching out for Se7en’s mouth. The older singer bent close, keeping his hips moving as he stole a kiss from his lover’s mouth.
The sweetness of Min’s kiss made him want more, driven by the passionate clench of his young lover’s rolling hips. Gripping Changmin’s waist, Se7en drove in deep, harder until he felt the brush of a pearl along the top of his shaft. Twisting up, he found the spot again, nearly exploding his release when Min’s cries grew higher in pitch, the young man urging him to go faster. The lithe singer’s body shook under him, his arms bulging with the effort of keeping a hold on the mattress edge.
Se7en dipped under, working at an angle to get each stroke to count. He felt a shudder work over Min’s body every time he struck the sweet spot along the other’s passage, and he strained to hit it again. He found Min’s hands with his own, wrapping his fingers into his lover’s grip.
“Love you, Minku,” The older man whispered, not expecting an answer. He knew the young singer was lost in the throes of passion. Seeing Changmin bloom open under him was a gift to his heart and Se7en cherished every demanding mewl his lover made, driving himself to reach up into Min’s body, hoping to bring him to the edge of release.
Loud thumps on the wall made Se7en spit in anger until he realized it was the frame striking the drywall, its headboard rattling the sconces set on either side of the bed. Plaster crackled then split, driven apart by the force of their combined thrusts. The light fixture lay in the path of the fissure, its shoring broken as the wall crumbled under it. Swinging down, the sconce fell from the wall, dangling from the mutli-coloured wires providing it with electricity.
Gasping in surprise, Min twisted around, nearly unmanning Se7en. Driven to madness by the sudden pressure along his shaft, the older man plunged in deep, panting hard as he pushed one final time into his lover’s channel, churning his seed into the tight space.
Reaching under Min, he stroked at the softening length he found under the other man’s stomach, a wet pool soaking into the crumpled sheets. Breathing hard, Se7en rolled over onto his side, taking Min with him.
“Don’t pull out,” Changmin whispered, reaching behind him with one hand to press his palm against the back of his lover’s thighs. “I don’t want to lose you just yet.”
“I’m not going anywhere, Minku,” Se7en promised. His flaccid state was long enough to remain inside of his lover’s heat, the head resting deep past the ring of Min’s entrance. Curling his arms around his lover’s waist, he lay there, listening to the young man’s heart rate slow then steady out, a firm beat against his arms.
“I love you,” The whisper was barely loud enough for Se7en to hear but it reached him, a small drop of affection amid the tangled confusion in Min’s mind. “I do, you know. I love you a lot, Shichi.”
“I love you too, Minku,” He confessed, brushing his cheek on his lover’s face. The rasp of his chin stubble raked the young man’s soft skin, leaving behind the faintest pink burr. He smiled ruefully, reminding himself that he’d have to shave before they went to sleep.
The light seemed odd to Changmin and he looked up, wondering what was different in the room. Shadows fell strangely, a bobbing, weaving motion to them. Spotting the broken off lamp still gently swinging from its harness, he winced at the damage to the wall.
“You broke the lamp,” Min said, staring up at the fallen sconce.
“That was you,” Se7en snorted in response. “I was the one in the back. The one closest to the broken object is responsible for the breakage.”
“You provided thrust and momentum,” The young man shook his head, his long hair nearly covering his face. “If anything, I supplied dampening for the motion. You are so responsible for that lamp.”
“You’re very sexy when you’re talking smart,” He teased his young lover. “I’m guessing that phrase, dampening the motion, wasn’t in the yaoi you brought over.”
“If you’re talking about the dōjinshi that I left in the living room and is probably the reason your best friend, the asshole is quiet, then no,” Min murmured, working himself back against Se7en’s length. “Those words weren’t in there. Thrust might have been. I didn’t get that far before I was rudely interrupted.”
“Would that be me or Taebin?”
“That was you bothering me while I read and weren’t we not going to talk about that idiot,” Min asked, humming in his throat as Se7en began kissing his neck. “I like that.”
“I can’t believe I’m already getting hard again,” He touched Min’s chin, guiding the other’s face around. Se7en took small kisses from the young man’s soft mouth, reveling in the tiny, dainty sounds of their lips meeting and falling away.
“I know, I can feel you inside of me,” Changmin rested his head back, lolling to one side. “Getting bigger. I like that too. I like knowing I can do that to you.”
The sensation was one he enjoyed, the gradual thickening of his lover inside of him. Se7en stretched him to a fullness he’d once feared. Now, he couldn’t imagine his nights without the other man’s mouth on him or their bodies tangled against one another.
“I was planning on having you inside of me,” Se7en followed the line of Min’s neck, leaving a succession of nibbles down the strong column. “We can switch if you want.”
“No, please,” Min shook his head, reaching behind him to press one hand against the small of his lover’s back. “I don’t want to lose you there. I’ve missed this. I’ve missed having you. I’ve missed being haved by you.”
“Haved?” Se7en wrinkled his nose, chuckling on Min’s shoulder. “That’s a horrible word. Is it even real?”
“Probably not but I was going with the flow of the words,” Changmin made a face, his eyes crinkling with humour. “I miss being taken?”
“I don’t like the idea that I’m taking you,” Se7en began a gentle roll of his hips, just enough motion to rub his length against Min’s soft core. “How about if we’re…sharing love. How does that sound.”
“It sounds nice,” He pushed back, matching Se7en’s lazy rhythm. “Do you think your house guest is gone? We’ve not heard him in a bit.”
“Maybe we’re lucky and he did fall off the balcony.” Se7en grumbled. “That way we don’t have to clean up the mess. If we’re really fortunate, then he hit that car with the alarm that goes off every time someone walks by it. That would be a double blessing.”
“You’re a bad friend,” Min hitched a breath into his lungs, trying to match Se7en’s pace when the other man slid against the tingle of nerves hidden inside of him. “If you loved me, you would kill him for me.”
“If you loved me, you’d let him live,” The older man’s hands moved, cupping his lover’s shaft, Rubbing his thumb around the ridge of Min’s sex, he moaned with increasing pleasure as he thickened up into the other’s tight body.
“So,” Changmin laughed, Se7ens fingers tickling the spot below his belly button. “We’re at an impasse.”
“Now that’s a good word,” He nodded, stroking along the fine hairs trailing down to Min’s crotch. “Impasse. I like that one.”
“I do too,” The young man agreed. “But not as much as I like others. Your version of bite, for instance. Very nice word.”
“I’m glad you like it,” Se7en complied with Min’s unspoken request, taking a large span of the other’s skin between his teeth, lightly working it back and forth. He let go of a small murmur of pleasure at Min’s rising moans, his fingers moving back down to his lover’s sex. “You up for another go, baby?”
“I think you’re up for it,” Changmin gasped. “God, Junsu’s contagious. When we’re done with Taebin, we’ll move on to Junsu. The others won’t mind.”
“I’m not killing Junsu. Yunho would kill me and you’ll be lonely. And with Junsu dead, who would keep Yoochun busy? Jaejoong. And that would cut into your leader’s loving time,” Grinning, Se7en pushed Min over, lifting the other man’s hips up until his chest was pressed against the mattress, most of Min’s weight resting on his knees. “Let’s see if we can’t break that other lamp.”
“If it comes down,” Min warned him off. “It’s your fault. I even screamed your name while you’re doing it. That’s proof that it’s your fault.”
“Baby,” Se7en bent over, kissing down his lover’s back. “If you scream my name as loudly as you did the last time, I won’t mind if we break the whole fucking wall. Hell, I might even kill Taebin for you if you’re that loud again. I like hearing you moaning my name.”
“Deal,” Changmin growled, clenching his muscles down around his lover’s hot length. “Make me scream, Shichi. Do it right, and I might even help you hide his body.”
drawn passions 2c,
♥♥♥ :::grins::: aw, thank you. i'm sure taebin applauded but that's because he's a bit sarcastic and teases se7en. :D
i would love to watch min7en smex. god yes. :) ♥ i'd share popcorn with you. :::hugs::: ♥
theresa_lynne
I'm not too fond of popcorn. Can we make it cookies instead? :P
of course, it can be cookies. do you mind if i bring arare? ♥
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Medical Bulletin
The White Coat Chronicles
the stories before we earned our degrees, the struggles after and the events that happen each day as we hang our coats and park our steths
Tag Archives: uermmmc
kamote
By allen mallari
life lessons 101 in progress
I’ve always wanted to become a doctor. My formative years were greatly influenced by stories of the men in white and episodes of E.R. I was eager to experience my very own episodes of Grey’s Anatomy, complete with all the interesting cases, hospital drama, and emotional soundtrack playing in my head.
But that was then. Fast-forward to today, where I find myself working in a tertiary government hospital where, everyday, we are greeted with suboptimal working conditions and huge patient loads. Kayod kalabaw.
I must admit I have turned into a grouchy person who easily snaps and bears his fangs at the slightest provocation. You know. It’s hard to put on a smile at 3am when you have been awake for more than 24 hours, you’re so exhausted because you’ve been running around like a headless chicken, you haven’t studied for an exam that same morning, and you have an unfinished report due that very day. All you want is to be left alone with the work you have to do. Like in my chosen field where, most of the time, the longest meaningful relationship I’d want to have with a patient is just as long as the time it takes to complete his or her abdominal ultrasound exam.
But every now and then, we’d get reminders of exactly why we do the things we do.
His name is Darren, an eight-year old kid from Bicol. His friends and family fondly call him Kamote, a term or endearment lovingly given by his grandfather. A cute little name for a cute little man. It’s barely been a month since I began my rotation in Radiation Oncology, a section in our department that deals with cancer patients.
“Ilan taon ka na?” I asked.
“Eight po,” he answered back, trying to hold up his right arm and feebly attempting to extend eight tiny little fingers. He had difficulty extending his right elbow, likely one of the effects of surgery to his brain. He had been diagnosed with craniopharyngioma, a benign tumor that has a malignant behavior.
He talked about his home and current living conditions, parts of the medical ordeal he went through, and his love for TinTin, his childhood playmate. He thanked us for being mabait, with the utmost sincerity only a child can show – a gesture which struck me because he barely knew us. We had only met a few minutes ago.
“Anong naramdaman or inisip mo nung sinabi nila na ooperahan ka?” I asked.
“Natakot po,” Kamote replied. “Pero tinalo ko ang takot ko para sa mga magulang ko.” My heart started to break. He said that with a smile, his face glowing as if nothing happened. Only the surgical scar by the hairline at the left side of his forehead gave clue to what this kid went through. His spirit was inspiring and his inner strength, palpable.
And just like that, my weariness went away. That heavy felling you get on your shoulders and the dull pain you feel in your legs and feet at the end of a tiring workday just disappeared. In the face of sleepless nights, of inhuman physical and emotional demands, and of incommensurate payoffs, this is why we do it. Why Surgery residents go on duties 3 or 4 days straight, giving beyond what’s expected of them. Why Obstetricians dedicate their lives in bringing new life into this world. Why Pediatric residents lose sleep, pumping Ambu bags which help their patients breathe. Why oncology specialists strive to make the lives of their patients better. And why most doctors miss out on family occasions, rushing back to the hospital to attend to their patients in need. Ordinary people doing amazing things. Darren is an example of the little things that make it all worth it.
“Bakit po kayo nalulungkot?” he surprisingly asked.
“Huh?” I quipped.
“Eh kasi po, bakit po namumula ang mata niyo?”
“Ah wala, yung hangin lang yun. Yung electric fan kasi nakatapat sa mukha ko.” I answered. Kamote smiled.
To all my brothers and sisters who have answered the same calling, here’s to more kamote moments.
Toto Carandang, M.D. is a graduate of UERMMMC Medicine Class of 2003 and is currently pursuing post graduate training at UP PGH. Words and images are all Dr. Carandang’s.
1 Comment | tags: Dr. Toto Carandang, kamote, patient, uermmmc | posted in Daily Rounds, Medical Opinions, Residency Training
Weathering the Storm
Image from the author’s original post
I woke up yesterday to the sound of rain outside my window and news that school and work had been cancelled. It had been raining since last weekend and parts of Manila were under water. I literally had to drag myself out of bed because we still had to go to the hospital. We still had patients to see and take care of at the Philippine General Hospital.
While a tropical storm above the northeastern waters of the country was enhancing the southwest monsoon and bringing heavy rainfall over Luzon, another storm was brewing.
My first patient for the day was Gibb, an 8-year old child who underwent brain surgery for a malignant tumor in his cerebellar region. He was scheduled for an MRI of his head and whole spine.
I saw his mother, Precy, hunched over in prayer, her fingers nimbly going through one rosary bead at a time. I began chatting with her about her son.
Gibb began exhibiting symptoms last year when his family noted that he was becoming cross-eyed. This eventually progressed until the little boy couldn’t stand or walk straight. They brought him to a private hospital in Cavite but decided to transfer him to PGH because of financial constraints. Something we usually hear from a lot of our patients.
Gibb soon underwent the operation he needed. Precy told me they had to use all of their savings and money given to them by her sibling for the surgical procedure. She used to work in manufacturing but had to stop. Her husband, Antonio, currently works as a regular contractual waiter in one of the restaurants in Manila. Both paid taxes. Both had very little. She said it cost them around 60 thousand pesos.
For the craniospinal MRI, Precy shared that she was able to get money from other relatives and from people in her baranggay. She said it wasn’t easy, but she was glad that they were able to come up with the money. I saw the sense of relief in their eyes when Gibb was wheeled into the MRI complex. It was another step towards getting better. Another hurdle passed. It cost them around 18 thousand pesos.
Like most cancer patients, Gibb and his parents were advised chemotherapy. For this, Precy had to approach people in government for help. And as people in healthcare know, it’s no easy task. The 34-year old mother had to secure requirements, papers, and had to take several trips to a number of government agencies and offices. It took her a number of weeks. Precy then began enumerating the Guarantee Letters she was able to secure: P10 thousand from Senator Pia Cayetano, P5 thousand each from Senators Recto, Marcos, and Trillanes, and P2 thousand from Senator Enrile. She also received financial help from her congressman, mayor, and vice governor. All of these, she said, will go to Gibb’s chemotherapy.
Aside from that, Gibb will also have to undergo radiation therapy. The young mother shared that for this, they had planned to sell some of their possessions like inherited jewelry. Papers for aid from PCSO and help from their governor were also being processed.
She sounded hopeful. She admitted that they didn’t expect to end up where they were right now. The whole process of giving their son the appropriate medical and surgical treatment he needed was long and arduous. She said they were tired. There were times she felt defeated. “Para ho kaming nanglilimos,’ she said.
Recently, Janet-Lim Napoles and the P10-billion pork barrel fund scam hit the headlines. I felt bothered, disturbed, and angry. As a tax payer, if things people have been saying are true, I am appalled with how my hard-earned money was ill-spent and allegedly stolen. As a Filipino, I am deeply bothered. I weep for my beloved nation.
If all of the allegations are true, I hope Napoles, her family, and all the other people involved can live a day in the life of our patients. Walk in their shoes. And see how difficult things are for most Filipinos, especially the marginalized ones. I hope they experience the panic and hopelessness our patients face when they are given huge hospital bills prior to a procedure. Or the discomfort of sleeping under the patient’s bed on cardboard mattresses. Or being confined in one of our wards instead of a luxurious suite, where privacy is almost non-existent and where every cough, cry, and sneeze is shared by at least 40 other people in the room.
There is now a movement calling for the abolition of the pork barrel fund. While I am for it, Precy’s and Gibb’s story reminds us of where part of our taxes go and the good that can be done if our financial resources are managed correctly.
Some people have been saying that P10 billion could have bought us new roads and bridges, built new school houses or railroad tracks, paid for badly-needed education or healthcare for thousands of Filipinos. I think that absurdly huge amount of money could have given us something equally important – hope. Hope that the government is investing in its people. That Big Brother has your back during your time of need. That politicians can put the interest of the majority before theirs. That things can get better – not just for some, but for all of us.
I usually just go about my business everyday, reading the headlines. Sure, I get bothered by the troubling things I see on the news. Predictably, I complain with my coworkers over lunch about how our country is going to the dogs, like a couple of rants on Facebook, and then eventually shrug things off. Like the pseudo-couch activist that I am. However, things resonate differently within me now. I’ve decided I’ve had enough and I feel I should do something, even if it’s a small thing. I asked Precy if I could share her story to which she agreed.
On August 26, Monday, people will gather in Luneta asking for an explanation from our government. I hope to be there. Things may not change and we may never uncover the truth. But I hope our voices will be heard. And hope, is hope.
Today, Tuesday, I woke up to the sound of rain outside my window. And while I prepare to go to work, I think about our countless patients like Precy, Antonio, and Gibb and the long journey they still have to take.
It’s still dark outside. A storm is brewing.
Toto Carandang, M.D. is a graduate of UERMMMC Medicine Class of 2003 and is currently pursuing post graduate training at UP PGH. Our heartfelt thanks to him for allowing us to post his article on this blog.
Leave a comment | tags: doctor, issues, medicine, storm, truth, uermmmc, UP PGH | posted in Daily Rounds, Medical Opinions
Prescriptions & Prejudice
kindly include prayers as needed..
Part of what I do as an In-House physician in the hemodialysis center where I work is to review the patient’s list of medications and if needed, refill prescriptions for the said medicines, as we often limit them to a month’s worth as they may have to be changed later based on their response to the said medications. One time, the husband of a patient came to me asking if I could make three identical copies of his wife’s prescription. When I asked why, he reasoned that he was going to ask three different entities, namely, the City Health Service of the City of Angeles, the Philippine Charity Sweepstakes Office and the Office of the Governor, for the said medicines. Further reasoning that if all three gave him, he would have at least been assured of 3 months worth of meds, if not, he will just buy them instead. I pause and give a short sigh, but remember having read this letter from a woman who experienced prejudice firsthand, I would think twice before passing judgment.
Going back to the said letter, I was drawn to another website where it was also featured not to the article itself but the commentaries of the people who have read it. Some of them pointed out that true, there may be people who are actually in need of this kind of aid from the government, there are still those who abuse these kinds of things as well. Government aid, they argued, can be a bane or a boon depending on how we look at it and from whose perspective. Given the ongoing talks about misused funds and taxpayers money, I heave yet another sigh.
I remember when I was still a Junior Intern (or Clinical Clerk as they are known in some other institutions) during my rotation at the Out Patient Services, Charity Division of the hospital my then OPD resident told me to assist a patient to the Social Services office prior to their admission. The patient was a male in his early 20’s and with him was his father. Based on the planned surgery, he would be needing titanium plates and these would cost money of course. The question would be: will the hospital shoulder some or all of the medical expenses, given that this was a charity case. At the Social Service office he was asked routine questions about their family and the patient: Where they lived, source of income, etc. I was there so I know for a fact that the father claimed that he had no stable source of income, when lucky he would ply the streets as a tricycle driver. That they were living with relatives in Manila just for the time until the surgery can be done. He presented some documents for scrutiny, and after several minutes had his admission stamped with “class D” – meaning he was from the lower income bracket and was indeed qualified to avail of the hospital’s charity services.
So what has the above story connect with the first? It was only later when I went to see how the patient was doing when I accidentally overheard the father of the patient talking to another relative in the ward. He said, or rather boasting, that he wasn’t really poor at all, that they had just been from Hong Kong the month before, and that he just wanted to save the money he would have otherwise spent on the titanium plates had they known his real status in life. We have to be wise about these things he said with a laugh. I cringed. We all have been fooled, the people who just wanted to help, by some people who deliberately choose to deceive and get the upper hand.
What is disheartening most about this is not the fact that part of what was used to pay this particular patient’s hospital expenses came from our tuition fee as medical students, but that the same treatment could have been given to someone who actually did deserve and needed it. This happened several years ago, but with today’s current issues at hand foremost the circus that is the pork barrel scam still to find a resolution, I choose to abide by the oath that I have taken as a physician, and rather than be a critic, to just do what it is we hope to do best: to be a healer to the sick and afflicted no matter their race, creed or stature in life and hopefully in our own little way, be a catalyst for the change that we yearn for.
Leave a comment | tags: doctors, junior intern, medical practice, prejudice, prescription, social justice, truth, uermmmc | posted in Clinical Internship, Daily Rounds, Medical Opinions
Smile Therapy
As doctors sometimes the work that we do becomes routine and mundane, but then something unexpected happens that makes us realize why we do the things that we do. The following is a status update on a colleague’s FB page. Couldn’t help but smile myself. 🙂
image from http://www.clker.com
“at the clinic earlier, a patient who was biopsied back in 2011 and has seen a couple of nephrologists (and fellows) since comes in. She tells me that I gave her the best explanation regarding her condition ever. She had stopped seeing her doctors since late 2011 because they didn’t explain what they were doing and what they had been looking for in her labs. So yeah, I left the clinic and my smile was *thiiiiiiiiiiiisssssssss* big. hahaha”
Tennille Tan, M.D. is a graduate of the UERMMMC College of Medicine Class 2005 and is a board certified nephrologist.
Leave a comment | tags: medical practice, nephrology, patient care, smile, Tennille Tan, uermmmc | posted in Daily Rounds, Laughter & Medicine
Chasing Dreams.. Again
[NB: This article was previously published in my other blog as chasing dreams sometime in 2008. This has been slightly modified and updated from the original article for this blog post]
nurturing the dream
While on board a bus in heavy traffic, this thought came into my mind: when we were still kids and the issues of global warming and the environmental concerns were already present, although not yet a tangible reality, we were told to plant seeds in the hope that it will one day become a majestic tree.
Needless to say, that was a long time ago.
Now all grown up, I realized that it was not entirely a lie but it was more of a half-truth if you please. I do not know if it was an oversight of my teachers then, but in hindsight and retrospect, they should have also taught us that it was not enough that you plant a seed and hope that it will grow. It should be nourished, taken cared of and even protected from the harsh elements. Or perhaps they were actually wise in letting us learn that fact of life for ourselves as we grew older. I will never know. What I do know is that seeds are pretty much like our dreams. It’s not enough that we have a dream, it should be protected, nourished, and nurtured until it becomes a reality.
And that’s part of the reason I am writing all of this again now. A good friend of mine once told me that his dreams of becoming a doctor are becoming blurry and his work in the hospital only make matters worse.
It pains me to know about his situation and not be able to do anything about it. He has the intelligence, the skills and most especially the heart and passion needed to be a doctor. Wait, no, a great doctor. All that bars him from being so is a piece of plastic that serve as proof that he has the license to practice.
How 1,200 questions divided among twelve subjects taken in a span of 4 days determines who is “qualified” or not to treat people of their medical ailments is not for me to judge. Why must his his dream of being able to help others through healing of the body and of the spirit so elusive in the first place?
During our freshman medical orientation talk, one of our professors told the story of a young and promising medicine student who wanted to quit his studies because as much as he wanted to become a doctor, he wanted to be a pilot as well. When he told his professor his dilemma, all he was told was “I don’t see anything wrong with that.” Whoever said you could not pursue both dreams? To make the long story short, the young doctor to be did not drop out of school, finished his degree and went on to pursue his other dream. The last time he saw him, our professor said that he maintains his private practice as a doctor while flying for a commercial airline twice weekly.
Likewise, I had the chance once to meet a fellow doctor that not only treats people with pills and prescriptions, but he also heals with the arguably best medicine there is: laughter. And no, he’s not Dr. Patch Adams, although I did have the pleasure of meeting him once when he visited the country. He is Dr. Carlo Jose San Juan creator of the medical comic strip callous comics.
But going back to my friend, he once wrote on his online post, that he was at a crossroad and had asked for a sign. In irony, I had hoped that he failed in getting the promotion so that he can be once again free to chase that dream of his. And I’m still hopeful that his dream will be realized one day.
Our dreams may be grand or otherwise, but what is important is that they are our dreams, not dictated upon us or simply borrowed from others. We may have others who share and support our dreams, but ultimately it is ours to fulfill.
Leave a comment | tags: callous comics, doctor, dreams, license, medical practice, medicine, uermmmc | posted in Laughter & Medicine, Medical Opinions
The Sandwich, The Bananas and The Blind
image courtesy of 7bigspoons.com
A patient came in for follow up consult today after being confined in the hospital for elevated blood pressure. She was grateful that I took her case even though at the onset she stated that she did not have any money on her. I told her that if I didn’t take care of her when I did, she might have ended up with a stroke or worse a heart attack. Although she’s still not out of the woods yet she is thankful that she now knows what she has and with the right medications and motivation, she can still enjoy a rewarding life ahead of her. I told her that her consultation today was on me. She can pay me the next time she visits for consult. It was then that she said no, and gave me two bunches of bananas. She insists that she will pay me for my services as soon as she is able, that the bananas were a thank you gift. I could not say no and graciously accepted them.
It made me think of the time when I was still a clinical clerk (4th year medical student) doing rotations in the department of ophthalmology, I had come to see a patient who came in for consult at the outpatient clinics for a much needed eye surgery. When I saw her all she had was light perception, but if operated on there was a chance that she could see again. Being in the charity service, there was a lot of work to be done and papers to be filled out. I did all that I can to help her out. It took us almost half the day to finish, but it was all in a day’s work for me. She asked me what my name was and I told her. I won’t forget you she told me. And they went home to get some of the other requirements. I saw them a few more times in the OPD but then we were to rotate in general surgery already, so I never did know what happened to her after.
Until after a rather busy tour of duty, in the flurry of activity in the surgery quarters, someone called out my name and was handing me a package of what seemed like food. “Your breakfast” he said. “From who?” I asked. He mentions the name and in my half asleep, half awake state I realized that it was the name of the patient I had helped before. Apparently she was already admitted and was scheduled for surgery that day.
Eventually, I did find to time to visit her and see how she was doing. She was already in the ward, but still with bandages over her eyes. “Oh, it’s you” she said when I greeted her “did you get the food that I sent you?” I responded in the affirmative and advised her not to strain herself as she just underwent surgery. Again I thanked her for the kind gesture but she was quick to say that she was just giving what is due to her “doctor”.
At another time, as part of our rotation in the department of obstetrics and gynecology, we needed to complete a month of outside rotation from our private teaching hospital to a government institution, either at East Avenue Medical Center or at Quirino Memorial Memorial Medical Center. Half of the team went to the Quirino Questors while I was with the East Avenue Avengers.
At one time during my duty at the delivery room there was a patient who looked famished and asked, no she begged me actually, if I could call her husband for her. Since I couldn’t leave my post, I said no. But a feeling of guilt and sympathy took the better of me and I asked if there was anything else I could do instead. She said if it was possible for me to text her husband to bring her food. I obliged and a few hours later I found her eating a sandwich, presumably the one her husband brought for her. She had even offered me a bite which I respectfully declined, even if my body probably did need some form of nourishment as well. I was off to my other duties and between assisting in the residents, doing post op orders and generally just trying to survive, I never saw her again. She would just be another nameless patient I had encountered in my tour of duty, nothing of major significance. Or so I thought.
A few days before we were to leave the hospital I heard someone calling by an unfamiliar title “Doctor, doctor!” they said. It was a while before I realized who they were. It was the sandwich lady. I did not recognize her because she was in a much better state than when I saw her at the delivery room. For one thing she was cleaner and looked refreshed. And she did not look famished anymore. But the dead giveaway was that she could now afford to smile. “I’m on my way home. We’ve been discharged already. I just wanted to thank you” she said. “You were the only one who was kind enough to help me.” I was at a loss for words so just I bid them good luck and to take care of their most precious possession, but by the smile upon their face, I knew that whatever the day was still to bring, it was all going to be worth it.
They teach us all kinds of stuff in med school from how to diagnose diseases to what medications to give them, but here in the hallways of an understaffed overworked government hospital a patient has taught me that an act of kindness no matter how small or insignificant it may seem, goes a long way.
So whether it be a bunch of bananas, a packed meal, or simply just a smile and ‘thank you’ I will always be thankful to the patients who remind me why I chose to be in this profession in the first place and why I continue to do so.
Leave a comment | tags: bananas, blind, gifts, internship, kindness, medical practice, opinions, sandwhich, uermmmc | posted in Clinical Internship, Daily Rounds, Medical Opinions, Residency Training
Junior Intern On Duty
[NB: the following is an original article written by a batch mate in medical school. We would like to thank the author for giving us permission to post the article in this blog. ]
Maundy Thursday. April 8, 2004. 10:30 pm.
It was my first week as a junior intern in UERM. I was doing my rounds in the Medicine pay section monitoring my patients’ vital signs when I got a message from the nurse that there was a patient who was transferring from the charity wards. He was JM, a 45-year old male, who came in due to bipedal edema of several weeks duration. He was previously diagnosed with Congestive Heart Failure, a condition wherein the heart could not pump enough blood to supply the body, causing him respiratory distress.
I did not attend to him right away as I was busy recording the vital signs of the other patients I was monitoring.
I was in my station, 3 North 1, when Dr. Uy, the cardiologist of JM, together with Dra. Escasa, the medicine resident on duty, arrived to do their rounds. Guilty of not having seen the patient before their rounds, I was hesitant in handing them over the patient’s chart. I had no choice but to present it anyway. As they were discussing the case of the patient, I ‘slipped out’ to monitor the other patients assigned to me. However, Dr. Uy noticed that I, the junior intern assigned to his patient, was ‘missing’ and called my name. I reported right away. He asked me, “Have you seen the ECG tracing of this patient?” I answered honestly, “No, sir.” He showed me the ECG recordings and asked me to interpret it. I could not say a thing. Reading an ECG, a must know, was my Achilles’ heel. He was very kind for not humiliating me in front of everybody.
He then asked me, “Have you heard the patient’s heart sound?” I said no. He asked me to listen to his heart and come back and tell him what I heard.
I entered room 308, where the patient was confined. I saw an obese, dark-complexioned man lying on his bed. He was gasping for breath. A nasal cannula of an oxygen tank was attached to his nostrils. He was in moderate respiratory distress. He was sweating profusely and his skin was cold and clammy. His nail beds were cyanotic.
I lifted his shirt and placed the bell of my stethoscope over his chest to listen to his heart. I could not hear any heartbeat because his breath sounds were louder than the latter, thus, giving me a ‘noisy environment’. I used the diaphragm of my stethoscope but his heart sounds were overshadowed by his breath sounds. I did this for more than five minutes but I could not hear any distinct heart sounds. Then I went out of the room and reported back to Dr. Uy. I told him I could not hear anything so I could not describe his heart sounds. He accompanied me back to the patient. He auscultated the patient then he let me listen through his stethoscope. He told me to listen to the gallop sound. A normal heart sound is “lub-dub… lub-dub…” His was very rapid “lub-dub-lub-dub-lub-dub…”
The patient was a time bomb waiting to explode. I was beside Dr. Uy when he was explaining the condition of the patient to his relatives. Sooner or later he was going to have an arrest – he was going to die. That was the reason I have to monitor his vital signs hourly.
The relatives were faced with two choices if ever he went into cardiac and pulmonary arrest. Choice A was simple: Do Not Resuscitate. Choice B was to intubate him now so to avert a respiratory arrest and place him in the Critical Care Unit. His relatives were not sure if they would be able to afford his 100-thousand weekly hospitalization cost if ever he was placed in the CCU.
They were undecided.
Good Friday. April 9, 2004. 12:30 am.
The patient was observed to have yellowish penile discharge. Pauline, a fellow junior intern who would help monitor some of my patients whenever my load was overwhelming, and I were assigned to get the tip of the patient’s Foley catheter for gram staining and culture. We were also instructed to put on a new catheter to monitor his urine output accurately. I was kind of excited since I had not done this procedure in my first week of being a junior intern. It would be my first time.
When the materials were ready, we entered the patient’s room. She told me that I was the one who was going to do the entire procedure, as she would be there only to assist me. I put on my gloves and told the patient that the procedure would be not comfortable. We were able to get the specimen and re-insert a new Foley catheter without much difficulty.
I also pushed Furosemide 80 mg IV, a diuretic, to help the patient urinate and lose much of the fluid he had retained which was contributing to his respiratory distress and edema.
Good Friday. April 9, 2004. 1:15 am.
I checked the patient’s vital signs which had not changed much. His BP was still 120/80 mm Hg, heart rate was more than a hundred, and axillary temperature was 36.5˚C. However, he was tachypneic as his respiratory rate was already 56 cycles per minute. His urine drainage bag was empty. He was diaphoretic – his two pillows and bed sheet were wet with sweat. I told myself that Dr. Uy’s assessment was correct, this patient was about to die soon. I urgently referred his condition to Dra. Escasa, who promptly ordered another Furosemide 40 mg IV push.
I went to his room to check if he had urine output. There was none. “Did I insert the Foley catheter correctly?” I asked myself. Even his relatives called my attention to check if it was connected. I told them it was in place. I was sure that it was in his bladder. Pauline confirmed it. But the zero output despite the administration of two doses of diuretic agent made me wonder why he had not any urine in his drainage bag. I referred this matter to my senior intern.
A relative went into my station and informed me that the patient wanted to be nebulized. I checked his breath sounds but I heard no wheeze. I just explained to him that the reason he was having difficulty of breathing was not due to constriction of airways, which could be relived by nebulization. He was gasping for his breath because of pulmonary congestion. I told him that his heart could not pump blood efficiently so there was backflow of blood into the pulmonary arteries. It was causing fluid build-up, impeding proper expansion of his lungs for oxygenation of blood.
As I was going to leave the station to monitor JM, I saw Dra. Escasa approaching. She was now opening the door of room 308 and I immediately followed. As soon as we entered the room, the patient collapsed!
I sensed panic but I kept my presence of mind. I pulled the patient’s bed so I could go to the patient’s left side as Dra. Escasa was checking his heart and shouting instructions to the nurses, “Bring in the intubation and suction machine now! Call ECG technician now! Page Dra. Mabilangan now!”
A bloody frothy discharge came out from the patient’s mouth. She told me to do chest pumps so I immediately climbed onto the bed and knelt on his left side and performed chest compressions.
I could hear the relatives crying outside the room as the paging system announced repeatedly: “Dra. Mabilangan 3 North 1 NOW!” Dra. Mabilangan was the Chief Resident of the Department of Medicine. Announcing her name to go to 3 North 1, my station was a code that someone was being resuscitated. Seconds later she was inside the room. Some residents and senior interns were already helping Dra. Escasa in intubating the patient. A group of male junior interns were also outside waiting for their turn to do CPR.
The ECG technician also arrived and instantly placed the three electrodes to the patient. An ECG tracing showed that the heart was still contracting but failing. Epinephrine was administered while the residents and senior interns were intubating the patient. Chest pumps were resumed and after 20 or more pumps, I felt exhausted and I shouted, “Change!” Gio, the junior intern next to me, occupied my space and continued pumping. There were five of us alternating in giving him chest compressions.
A repeat ECG tracing done showed flat line – his heart was not beating anymore! Finally he was intubated but auscultation of the chest and abdomen showed the tube was in the stomach and not in the lungs. First intubation try was unsuccessful. A nasogastric tube was simultaneously being inserted to decompress his abdomen. It was now Yay, another junior intern, who was giving CPR as I pushed the sixth dose of Epinephrine.
After thirty minutes, ten doses of Epinephrine, countless chest pumps, a dozen flat ECG tracings and several intubation attempts, JM was pronounced dead by Dra. Mabilangan. All residents, senior interns and junior interns, exited one by one.
I remained inside as he was still my patient and my responsibility. He was the first person I had given chest compression, hoping that my effort would give him a new lease on life. He was the first person I had seen dying. All throughout his last moments, I was beside him. I silently prayed for his soul as I left the room to give privacy to his grieving relatives.
Arbee Bascuna, M.D. is a graduate of the UERMMMC College of Medicine Class 2005 and is currently taking up residency training in urology at the St Luke’s Medical Center.
Leave a comment | tags: Arbee Bascuna, humility, junior intern, life, medicine, uermmmc | posted in Clinical Internship
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Philippines senator defends police over toddler’s death in drug raid: ‘S--- happens’ A Philippines senator who was police chief during President Rodrigo Duterte’s notorious drug war, has been criticized for dismissing the death of a toddler during a police raid, saying “s--- happens”....
New Mexico construction worker saves baby, toddler from burning building A New Mexico construction worker is being hailed a hero for saving a two-month-old girl and a young boy from a burning building Friday, according to a report....
Funeral Arrangements Announced For Ky. Toddler Found Dead At Cummins Falls (LEX 18/WKRN)– Funeral arrangements have been announced for a two-year-old found dead at Cummins Falls in Jackson County, Tennessee. Two-year-old Steven Pierce was from Eddyville, Kentucky. A vi...
Grandad 'had to be sedated' after dropping toddler 150ft to her death on cruise ship THE grandad of a toddler who slipped from his arms and fell 150ft to her death from a cruise ship window had to be sedated because he was so distraught, according to reports....
Florida couple jailed after drugs, toddler found in roach-infested car DELAND, Fla. (AP) — Authorities say a Florida couple had a toddler girl inside a roach-infested car while they were using drugs. The DeLand Police Department arrested 30-year-old David Dexter and 28-y...
Home Depot heroes build walker for toddler with muscle condition Home Depot offered more than building supplies to Logan Moore. The 2-year-old has a condition called hypotonia, which weakens his muscles and leaves him unable to walk on his own. Unsure if insurance ...
Police in Hampton, Va., arrest mom of missing toddler; child believed dead Police have arrested the mother of a missing 2-year-old in Hampton, Va., and charged her with three county of felony child neglect, police said. ...
Georgia toddler diagnosed with ovarian cancer given clean bill of health A Georgia toddler who was diagnosed with a rare form of ovarian cancer now has a clean bill of health, according to a report. The story of 2-year-old McKenna Shea Xydias — known to family and fr...
Nanny gets 14 years for making toddler eat porridge with deadly amount of salt A nanny from hell has been sentenced to 14 years in a Russian prison for killing a 2-year-old boy by forcing him to eat porridge laced with an enormous amount of salt because he “was moody,” according...
This $13 toothbrush has bristles on both sides, which makes it easier for my toddler to brush her own teeth Courtesy of Alicia Betz / Business Insider The Grabease Double Sided Toothbrush has a choke guard, short handle, and bristles on both sides to make it easy for toddlers to brush their own teeth &mdas...
Steven Seagal film to tell story of Syrian toddler who drowned in Mediterranean Action star involved in Aylan Baby, about the three-year-old whose death widened awareness of the migrant crisisThe tragic death of Alan Kurdi, the three-year-old Syrian toddler who drowned off the Tu...
Heroic teen catches toddler falling from second-story window in Turkey A young Algerian man is being hailed a hero after a video of him catching a young girl who fell from the second-floor window of a Turkish building has gone viral. Feuzi Zabaat, 17, was walking down a ...
Georgia toddler diagnosed with rare ovarian cancer now disease-free The 2-year-old Georgia girl who touched hearts worldwide when her parents shared that she had been diagnosed with a rare form of ovarian cancer is now celebrating being cancer-free....
Philippines senator defends police over toddler's death in drugs raid Ronald dela Rosa says ‘shit happens during operations’ after three-year-old girl killedA senator who oversaw the most violent period in the Philippines’ war on drugs has dismissed the killing of a thr...
What Netflix's 'Wine Country' gets right about visiting wine country To be clear, this isn’t a movie about wine. It’s a movie about friendship and the joys and challenges of midlife. ...
Florida dad dives over pool fence to save toddler son, dramatic video shows A Florida dad is being hailed as “Superman” after a quick-thinking and daring rescue to save his toddler son who fell into a pool on Sunday was captured on dramatic video....
Toddler born with rare birth defect has legs amputated, will be fitted with prosthetics An 18-month-old girl born with one of the rarest congenital lower-limb deformities known in the medical community has had both of her legs amputated below the knee....
Toddler Dies From E. Coli Linked to Contact With Animals at San Diego County Fair Officials say a 2-year-old boy, who died on June 24, was one of four children who showed symptoms of E. coli after coming in contact with animals at the fair in June....
Toddler found dead inside dryer at Georgia trailer park: deputies A 2-year-old Georgia girl was found dead after climbing inside a dryer, authorities said. Officials from the Brantley County Sheriff’s Office told WTLV that the unidentified toddler was discovered Sun...
Indiana toddler fell to death from open window on cruise ship, attorney says An Indiana toddler who plunged to her death from the 11th story of a cruise ship docked in Puerto Rico fell from a window that had been left open, an attorney for the girl’s family said Tuesday....
Bodies of father and toddler daughter who drowned while trying to reach the US return to El Salvador for burial The young father and daughter who drowned in each other's arms in the Rio Grande as they tried to reach the United States have been returned to El Salvador for an expected burial at a private ceremony...
Toddler cruise ship death: Grandfather thought window was closed, lawyer says An attorney said that Chloe Wiegand's grandfather sat the 1-year-old girl on a railing in a play area near what he believed was a closed window. ...
Toddler takes fatal plunge from cruise ship in Puerto Rico: reports A one-and-a-half year-old girl died Sunday after falling from a Royal Caribbean cruise ship docked in Puerto Rico, local reports said. The toddler was being held by her grandfather when she slipped ou...
Mum screams as toddler falls to death cruise ship after grandad ‘dangled her from window' A TRAUMATISED mum screamed as her toddler fell to her death on a Royal Caribbean cruise ship while her grandad reportedly dangled her out of a window....
Kentucky toddler's tick bite led to rare disease, mom warns: 'I wouldn't wish this upon my worst enemy' A Kentucky mother who found a tick on her 2-year-old son’s neck now has a warning for other parents: Beware of these potentially disease-causing insects....
A toddler died after falling from a Royal Caribbean cruise ship docked in Puerto Rico An American toddler fell to her death on Sunday from the deck of a Royal Caribbean cruise ship docked in San Juan, Puerto Rico, a spokesman for the local Port Authority said....
Toddler’s family says she died after falling from open window in play area on cruise ship By Doha Madani and Gabe Gutierrez The grieving parents of an 18-month-old are looking for answers after their daughter fell to her death through an open window in a children’s play area on a cruise sh...
U.S. military service member and her 2 toddler children found dead in New York City home A 36-year-old mother who is in the military and her two toddlers, ages 2 and 3, were found dead in a home in New York City’s Staten Island borough Saturday morning, police said. “EMS [Emer...
Dramatic video captures moment teen saves toddler falling from second-floor window Feuzi Zabaat, 17, said he was walking down the street in Istanbul last week when he saw 2-year-old Doha Muhammed playing near the open window. ...
Cruise ship grandad DENIES dropping tragic toddler – claims she 'stumbled' out window THE family of the toddler who fell 150ft to her death from a cruise ship window have claimed she fell through an open window by herself – and her grandad didn’t drop her....
Donald Trump blames Democrats for deaths of migrant father and toddler daughter who drowned while trying to reach the US President Donald Trump has blamed the Democrats for the deaths of a migrant father and his toddler daughter who drowned on the banks of the Rio Grande while trying to reach US soil....
Dramatic video shows 10-year-old Georgia girl rescuing toddler sister from nearly drowning in pool Dramatic footage released last week shows a Georgia toddler nearly drowning in a pool earlier this month before her 10-year-old jumped into action and saved her life....
Texas toddler killed, father shot nine times in apparent home invasion robbery attempt (KPRC) A child was killed and his father was shot several times in the chest during an “apparent home invasion robbery” in Spring, Texas late Tuesday. A father was sitting in his open gara...
Robin Thicke, April Love Geary get burned for feeding toddler Flamin' Hot Cheetos April Love Geary responded to critics who said the snack was toxic, "We're here for a good time. Not a long time." ...
A Toddler Died After Falling From a Royal Caribbean Cruise Ship. Police and Her Family Are Disputing the Circumstances (MIAMI) — An 18-month-old Indiana girl who fell to her death from the 11th story of a cruise ship in Puerto Rico plunged from a window inexplicably left open in a children’s play area, the...
BTS fans prompt apology from Australian TV show over 'offensive' segment Loyal BTS fans prompted an apology from Australia's 20toOne for a segment about the Korean boy band deemed xenophobic and racist. ...
Family in shock after toddler daughter of Indiana cop dies in fall from grandfather's hands on cruise ship, reports say An Indiana family is in shock after a 1-year-old girl — daughter of a South Bend Police Department officer — apparently slipped from her grandfather’s hands and fell to her death from the 11th story o...
Judge dismisses disorderly conduct citation issued against Georgia mother after her toddler urinated in a gas station parking lot (WAGT) A Georgia mother is no longer being charged with disorderly conduct after a deputy saw her toddler son urinate in a gas station parking lot back in April. Charges were dropped Thursday against ...
Teen hailed a hero after catching toddler falling from second-story window in Turkey, viral video shows A young Algerian man is being hailed a hero after a video of him catching a young girl who fell from the second-floor window of a Turkish building has gone viral. ...
Serena Williams said she owed Naomi Osaka an apology after the US Open. Osaka's response brought her to tears Something was keeping Serena Williams from moving forward after her loss to Naomi Osaka in last year's US Open final. She believed she owed Osaka an apology, Williams revealed in an essay published Tu...
Chloe Wiegand: Toddler who died after falling from 11th storey of cruise ship slipped through unsecured window, lawyer says A toddler who fell to her death from the 11th storey of a cruise ship plunged from a window left open in a children's play area, the family's lawyer has claimed....
UK trade official to offer Ivanka Trump apology for leaked memos bashing 'inept' administration International Trade Secretary Liam Fox, who called the leak "malicious" and "unconscionable," told the BBC that he intends to apologize Ivanka Trump. ...
Mayor who posted about ‘killing out’ gays has posted apology CARBON HILL, Ala. (AP) — A rural Alabama mayor who posted online about “killing out” gay and transgender people has posted an apology, after initially denying he was responsible. WBRC-TV r...
Southwest Airlines turns 48 Southwest Airlines turned 48 on June 18, 2019. It has grown from an airline with just two routes in 1971 to the world's largest low-cost carrier. ...
Airlines want joint lifting of 737 MAX ban, but EU cautious Global airlines urged regulators on Sunday to coordinate on software changes to the Boeing 737 MAX, thus avoiding damaging splits over safety seen when the aircraft was grounded in March....
Airlines provide different timelines for the re-entry of the 737 Max American Airlines has removed the Boeing 737 Max from its schedule through early November as the worldwide grounding of the jets after two fatal crashes disrupts air travel far longer than originally ...
American Airlines CEO says there's an 'absolute fix' for Boeing's 737 Max Parker said Wednesday that American Airlines is committed to Boeing's 737 Max once it's re-certified by the Federal Aviation Administration....
"Rift Between Regulators Not In Anyone's Interest": Airlines On 737 Max Global airlines urged regulators on Sunday to coordinate on software changes to the Boeing 737 MAX, thus avoiding damaging splits over safety seen when the aircraft was grounded in March....
Airlines demand compensation from Boeing over 737 Max Two of China's largest airlines have joined a growing list of carriers demanding compensation from Boeing over the grounding of its 737 Max aircraft....
Hong Kong leader's apology is 'fake,' more protests are coming, foes say Leaders of a massive protest in Hong Kong rejected Chief Executive Carrie Lam's apology for a contentious extradition bill and demanded her resignation. ...
'We got this wrong': TMZ offers rare apology to T.I. for story on sister's autopsy results In a rare move, TMZ apologized for publishing Precious Harris Chapman's cause of death after T.I. blasted them for "profiting off of people's pain." ...
Indiana family 'in shock' after toddler dies following 11-story fall from cruise ship The 1-year-old daughter of an Indiana police officer, slipped from her grandfather's arms Sunday while their ship was docked in San Juan. ...
UPDATE 1-Airlines want joint lifting of 737 MAX ban, but EU cautious Global airlines urged regulators on Sunday to coordinate on software changes to the Boeing 737 MAX, thus avoiding damaging splits over safety seen when the aircraft was grounded in March....
American Airlines Extends 737 MAX Cancellations Through September 3 American Airlines announced Sunday that it will extend flight cancellations through Sept. 3 for Boeing's embattled 737 Max, a new passenger jet that has been out of commission for almost three months....
Skytrax's best airlines of 2019: No US carriers Skytrax announced its 2019 ranking of the best airlines in the world on Tuesday. No U.S. carriers made the list. ...
American Airlines Raises Revenue Expectations American Airlines raised its unit revenue expectations for the second quarter due to fuller flights and said it will take a roughly $185 million profit hit related to the grounding of its Boeing 737 M...
The best cities, hotels and airlines, according to Travel + Leisure Looking for the best city to visit? The best hotel to stay in? The best tour company? Look no further than Travel + Leisure's latest rankings. ...
EU airlines must compensate for non-EU connecting flight delays In a landmark case, the EU's top court has backed 11 passengers from Prague whose flight to Bangkok via Abu Dhabi was eight hours late on the second leg. The Czech airline which sold the ticket has to...
Airlines and Fliers Brace for Summer Snarls The summer travel season is poised to inflict pain on both U.S. airlines and fliers. Among the issues at airports: the extended grounding of Boeing’s 737 MAX jets, runway closures and labor shortages....
Airlines to Consider Path to Resuming Boeing 737 MAX Flights Operators plan to meet late this month to discuss how to return the aircraft to the sky after two fatal crashes led to its global grounding. Ethiopian Airlines, which lost one of its jets, remains unc...
Computer outages strike US airlines about once a month WASHINGTON (AP) — The U.S. airline industry suffers about one technology outage per month, most of them serious enough to disrupt flights. However, regulators don’t oversee airline information-t...
Southwest Airlines cancels 737 Max flights through Labor Day Southwest Airlines announced Thursday it will keep its Boeing 737 Max fleet on the ground through the Labor Day weekend, joining the only other U.S. carrier that flies the Max 8....
International airlines' response to FAA on Iran airspace The U.S. Federal Aviation Administration (FAA) issued an emergency order on Thursday prohibiting U.S. air carriers from flying in Iran-controlled airspace over the Strait of Hormuz and Gulf of Oman du...
American Airlines' mechanics say 'ready and willing' to negotiate American Airlines Group Inc's mechanics association said on Tuesday it was 'ready and willing' to negotiate a fair contract after the airline filed a lawsuit on Monday asking the courts to halt what i...
American Airlines CEO says 'highly likely' Boeing 737 MAX will fly by mid-August American Airlines Group Inc Chief Executive Doug Parker said it was "highly likely" that the grounded Boeing Co 737 MAX would be flying by mid-August following regulatory approval for a software fix....
Dear American Airlines, I Hate You With My Whole Heart Once upon a time, not long ago, when people wore pajamas and lived life slow, my wife and I were invited to a wedding in Dallas; ya know, deep in the heart of Texas. Because I believe that there’s not...
U.S. Airlines' Secret Sauce Isn't Easy to Export U.S. airlines engineered a turnaround by merging with one another and redesigning their networks, but investors hoping these lessons can be applied elsewhere may end up disappointed....
Bitter Reality Is Setting in for Europe's Airlines So much for hopes that European airlines will finally put their house in order and rival the profitability of U.S. peers. A big profit warning from Lufthansa—the top European carrier by passengers—is ...
'He was just the sweetest baby': Texas toddler found dead in landfill following statewide Amber Alert The remains of 18-month-old Cedrick Jackson were found in a Rowlett landfill shortly after he was the subject of a statewide Amber Alert. ...
Mum rushing toddler to A&E let off parking ticket after ambulance staff 'sweet talk' traffic warden A mum who parked on double-yellow lines as she rushed her daughter to A&E was spared a fine when ambulance staff managed to "sweet talk" a traffic warden on her behalf....
What would life be like in a zero-carbon country? Drastic restrictions on almost every aspect of people's lives, from the cars they drive, the way they heat their homes, to the fridges they buy -- even the food stored in them. That is the reality of ...
These are the best small towns in the country See which small towns took home top honors across six categories in the 2019 10Best Readers' Choice contest. ...
The best small towns in the country Some of America's most underrated travel destinations are its small towns. 10Best asked readers to vote for their favorites, and the results are in. ...
The best country to be a woman? It's not the US A gender equality study released by Equal Measures 2030 assessed gender pay gaps, women's rights, gender-based violence, representation, and more. ...
When Your Country Is On Fire, There's Always Softball When he lived in Venezuela, Freddy de Freitas played baseball every day of the week, except for the occasional Monday. He played and baked under the Caracas sun on weekends, and on weekdays after work...
Airlines' technology investments pay off in customer satisfaction scores J.D. Power has good news and bad news when it comes to the payoff from airline customer satisfaction. IT investments in software, kiosks and reservation systems have paid off. In-flight services need ...
American Airlines CEO sees Boeing 737 MAX flying by mid-August The grounded Boeing Co 737 MAX is "highly likely" to be flying by mid-August, American Airlines Group Inc Chief Executive Doug Parker told shareholders on Wednesday....
Airlines urge regulators to work together to return 737 MAX to service Airlines on Thursday urged global regulators to coordinate on measures needed to bring the grounded 737 MAX jetliner back into service, as Boeing grappled with a new technical glitch and investors so...
Fly to Europe and Back Starting At $226 With This Norwegian Airlines Sale Flying to Europe for your next vacation could be cheaper than flying to somewhere domestic. Norwegian Airlines is currently running a US-to-Europe sale with roundtrip fares to be found for as low as $...
American Airlines CEO says politics a factor in return of Boeing's 737 Max American Airlines' CEO Doug Parker told employees that politics are playing into federal officials' decision to allow the grounded Boeing 737 Max plane to fly again....
UPDATE 1-American Airlines CEO says 'highly likely' Boeing 737 MAX will fly by mid-August American Airlines Group Inc Chief Executive Doug Parker said it was "highly likely" that the grounded Boeing Co 737 MAX would be flying by mid-August following regulatory approval for a software fix....
American Airlines extends Boeing 737 MAX cancellations through Sept. 3 American Airlines Group Inc said Sunday it is extending cancellations of about 115 daily flights into September due to the grounding of the Boeing 737 MAX....
American Airlines extends Boeing 737 MAX cancellations until September The largest U.S. airline had previously said it was canceling flights Aug. 19 after the Boeing Co plane was grounded worldwide in March following two deadly crashes in Indonesia and Ethiopia....
Airbus urges airlines to pressure Boeing over subsidy row Airbus has written to airline leaders to appeal for their backing in a trade dispute with rival Boeing, warning of higher aircraft prices and passenger fares if the United States and European Union de...
Boeing 737 MAX to remain off United Airlines' schedule until November 3 United Airlines Holdings said on Friday the Boeing 737 MAX would stay off its flight schedule until Nov. 3, a fresh extension leading to about 2,100 cancellations in September and 2,900 in October as ...
United Airlines Extends Cancellations Of Boeing 737 MAX Flights United Airlines said on Friday it is extending by one month its cancellations of Boeing Co 737 MAX flights, through August 3, as the jetliner remains grounded following two fatal crashes....
United Airlines Deepens Commitment to Colombia's Avianca United Continental Holdings said it’s prepared to lend money to Avianca Holdings, part of a deal that would sideline the Colombian air carrier’s biggest shareholder and could help solidify the U.S. ca...
If You're Flying American Airlines, Expect Delays Until After Labor Day Back in March, Boeing 737 MAX aircraft were grounded after a tragic Ethiopian Airlines flight crashed, killing all 157 people on board. But, yes—there’s still a chance your flights are going to be del...
Survival On Doomed Ethiopian Airlines Jet Came Down To 2 Cockpit Wheels For 2 1/2 minutes as Ethiopian Airlines Flight 302 roared above Addis Ababa, the jet's survival depended on the pilots turning a pair of wheels in the cockpit....
Ralph Nader: The FAA is a consulting firm for airlines not a regulator The Federal Aviation Administration is hosting dozens of regulators in Dallas today to discuss its work with the Boeing 737 Max, which was grounded in the U.S. March 13 after two fatal crashes. Consum...
American Airlines extends Boeing 737 MAX cancellations through September 3 American Airlines Group Inc said Sunday it is extending cancellations of about 115 daily flights into September due to the grounding of the Boeing 737 MAX....
Crisis-hit Boeing warns airlines on 737 wing part Boeing has urged a number of airlines to replace a potentially faulty part on the wings of up to 133 of its 737 aircraft - months after the next generation versions of the planes were grounded after t...
Lufthansa and global airlines avoid Iranian airspace A host of major carriers are rerouting flights away from the Strait of Hormuz after a US reconnaissance drone was shot down in the area. Airlines fear being mistakenly attacked....
Factbox: International airlines' response to FAA on Iran airspace The U.S. Federal Aviation Administration (FAA) issued an emergency order on Thursday prohibiting U.S. air carriers from flying in Iran-controlled airspace over the Strait of Hormuz and Gulf of Oman du...
Airlines Avoid Persian Gulf After Downed Drone Several airlines rerouted flights to avoid airspace over the Persian Gulf after Iran shot down an American military drone, disrupting air travel around one of the world’s busiest transportation hubs....
Malaysia Airlines says 737 MAX jet deliveries may be delayed, eyes turnaround Malaysia Airlines is looking at its order for 25 Boeing Co 737 MAX jets "very carefully" in light of the global grounding and plans for the first delivery in July 2020 could be delayed, the carrier's ...
Spirit Airlines announces next new destination: booming Nashville The discount carrier will launch daily nonstop service between Nashville International Airport and six cities this fall. ...
American Airlines raises forecast for key revenue measure American Airlines Group Inc on Wednesday raised its second-quarter forecast for unit revenue, a closely watched performance measure for carriers, as the grounding of Boeing Co's 737 MAX jets reduced i...
US airlines are set to carry a record number of passengers this summer A record 257.4 million travelers are expected to opt for U.S. airlines for travel this summer, the 10th consecutive annual increase, a trade group forecast on Tuesday....
American Airlines nearly kicked me off flight for ‘inappropriate’ romper A Houston doctor has accused an American Airlines crew of ordering to cover up her summer romper — or risk being kicked off her flight along with her 8-year-old son on their way back from a vaca...
Passengers subdue chaotic man on board Turkish Airlines jet ISTANBUL (AP) — An Associated Press photographer says passengers on board a Turkish Airlines flight to Sudan had to subdue a man who started screaming soon after takeoff and began smashing an oxygen m...
China to support airlines seeking compensation from Boeing BEIJING (AP) — China’s airline industry association has thrown its support behind 13 Chinese carriers seeking compensation from Boeing for groundings of the 737 Max 8. The China Air Transport As...
Two French Families Sue Boeing Over Ethiopian Airlines Disaster Two French families have filed lawsuits against US aircraft manufacturer Boeing over the crash of a 737 MAX of Ethiopian Airlines in March, lawyers said on Tuesday....
Frontier Airlines to add 5 routes this fall; Phoenix gets the most new flights Frontier Airlines announced flights to four new destinations from Phoenix and a Trenton-Sarasota route. Some intro fares are as low as $29 each way. ...
Is Spirit Airlines' 'Big Front Seat' Really a Good Deal? Spirit Airlines’ Big Front Seats, with their 36" pitch and 18.5" width, are not quite as large as the 38" pitch, 20" width seats you’re likely to get in first class on a major air...
United Airlines to extend Boeing 737 Max grounding through November United Airlines extended its grounding of Boeing 737 Max aircraft through early November amid continued testing of the beleaguered passenger jet, the Chicago-based company announced Friday....
China's Big Three Airlines Seek 737 MAX Payouts From Boeing: Reports China's three biggest airlines have filed claims seeking compensation from Boeing over the grounding and delayed delivery of 737 MAX 8 aircraft following two deadly crashes, Chinese state media......
Honoring veterans on Memorial Day across the country Memorial Day is a holiday honoring American soldiers who made the ultimate sacrifice for their country. ...
Iranian president says country isn’t seeking war A day after the US announced the deployment of an additional 1,000 troops to the Middle East, Iranian President Hassan Rouhani said Tuesday that the Islamic Republic is not seeking to wage war against...
UK PM candidate Johnson: the country can trust me Former foreign minister Boris Johnson said on Wednesday Britain could trust him to be prime minister and he would continue to voice his opinions directly as that is what the public wanted....
Best selling country albums of the last 10 years 24/7 Tempo identified the best selling country albums of the last 10 years based on the albums that have at least 1 million in certified sales. ...
Canada took in more refugees than any other country in 2018, UN says Canada resettled 28,100 refugees last year, overtaking the US for the first time since the 1980 Refugee Act, UN report foundCanada took in more refugees than any other country in the world in 2018, ac...
Sudan: Deportations to an embattled country After the military council used brutal force against civilian protesters, the situation in Sudan has continued to escalate. Now German politicians are debating if rejected asylum seekers can still be ...
Britain to become first G7 country with net zero emissions target Britain will toughen its climate targets and commit to reaching net zero greenhouse gas emissions by 2050, the government said late on Tuesday, becoming the first G7 nation to set such a goal....
Austria set to be first EU country to ban all uses of weedkiller glyphosate Austria was set on Tuesday to ban all uses of the weedkiller glyphosate, the first European Union country to take such drastic action against the chemical over concerns that it can cause cancer....
Canada becomes first G7 country to ban shark fin imports Measure which also bans sale of fins awaits royal assentShark fin soup has long been seen as a delicacy in AsiaIt was on a family visit to Hong Kong that Kristyn Wong-Tam noticed her uncle – a well-re...
Why this country is building hundreds of airports When China's air industry hits the news, stories are typically centered on passengers going rogue, punching each other, trying to wrestle open emergency doors mid-takeoff or dangerously tossing coins ...
Even a King Can't Rename a Country Without Some Complications Swaziland became Eswatini last year, but sign makers haven’t caught up, it takes time to use up old stationery and the seating arrangement at the U.N. had to be reordered; plus, a question on the corr...
American Airlines cancels Boeing 737 flights through early November American Airlines has removed the Boeing 737 Max from its schedule through early November as the worldwide grounding of the jets after two fatal crashes disrupts air travel far longer than originally ...
Hawaiian, Southwest, Allegiant top Forbes list of fastest airlines in the U.S. Hawaiian, Southwest and Allegiant airlines topped the list that measured efficiency and government on-time percentage rates. ...
American Airlines in talks for up to 50 Airbus A321XLR jets: Reuters American Airlines is edging towards a deal with Airbus to buy up to 50 newly launched A321XLR extended-range narrow-body aircraft including some converted from existing orders of other models, people ...
U.S. cautions airlines flying over Middle East after tensions with Iran The U.S. Federal Aviation Administration is advising commercial airlines flying over the Persian Gulf and Gulf of Oman to use caution in the wake of elevated tensions between the United States and Ira...
Ants invade United Airlines flight from Italy to Newark Passengers aboard a United Airlines flight from Italy to New Jersey were left bugging out — thanks to an invasion of ants in the cabin. The six-legged insects spilled out from a bag in the overh...
Airlines have made $1.3 billion off bag fees so far this year, data shows Airline financial data is out for the first quarter, and airline baggage fees are paying off in a big, millions of dollars kind of way. ...
American Airlines extends Boeing 737 MAX cancellations for fourth time American Airlines Group Inc said on Sunday it is extending for a fourth time cancellations of about 115 daily flights into early November due to the ongoing grounding of the Boeing Co 737 MAX jets....
United Airlines shakes up Avianca leadership after shareholder default United Airlines said on Friday it had started a management overhaul at Colombia's Avianca Holdings, removing top shareholder German Efromovich from controlling the cash-strapped airline....
Sapphire Reserve Strains JPMorgan's Ties With United Airlines JPMorgan’s Sapphire Reserve has been a hit with frequent travelers and big spenders since its launch nearly three years ago. That is a problem for United Continental Holdings, which wants those same c...
Boeing Faces Compensation Demand From China’s Biggest Airlines The carriers, Air China, China Eastern and China Southern, which are all state-controlled, grounded dozens of 737 Max jets after a crash in Ethiopia in March....
Chinese airlines seek Boeing compensation over 737 MAX grounding: state TV China's three biggest airlines have requested compensation from U.S. planemaker Boeing Co for losses incurred by the grounding and delayed deliveries of 737 MAX jets, as regulators gather to discuss d...
United Airlines extends suspension of Delhi, Mumbai flights to Oct. 26 United Airlines Holdings Inc said on Monday it was extending the suspension of its flights from the United States to Delhi and Mumbai in India until Oct. 26, citing continued restriction of Pakistani...
American Airlines to Ground Boeing 737 Max for Two Months Longer Than Planned (WASHINGTON) — American Airlines said Sunday that it will keep the Boeing 737 Max plane off its schedule until Nov. 3, which is two months longer than it had planned. In a statement, American sa...
Airlines Cancel Thousands Of Flights As Boeing Works On 737 Max Problems Airlines are planning for the possibility that Boeing's beleaguered 737 Max commercial jetliners will remain out of commission late into the fall, as the company works to fix a host of technical......
Southwest Airlines mechanics dispute ends just as American's heats up Southwest Airlines Co's mechanics union said on Tuesday its members had overwhelmingly voted to ratify a tentative contract agreement with the airline, ending seven years of labor negotiations fraught...
Southwest Airlines' mechanics union accepts contract agreement Southwest Airlines Co's mechanics union said on Tuesday it had voted to ratify a tentative contract agreement with the company, ending seven years of labor negotiations....
American Airlines asks court to end 'devastating' slowdown by unions American Airlines Group Inc on Friday asked a federal court to quickly halt an alleged illegal slowdown by mechanics' unions that has become "devastating" to the airline's operations....
American Airlines asks court to end "devastating" slowdown by unions American Airlines Group Inc on Friday asked a federal court to quickly halt an alleged illegal slowdown by mechanics' unions that has become "devastating" to the airline's operations....
Airlines cancel thousands of flights as Boeing works to fix 737 Max problems American Airlines, United and Southwest — the three U.S. airlines that operate Boeing's 737 MAX jet — have extended flight cancellations into the fall. The Federal Aviation Administration remains nonc...
FAA acting head: Airlines don't need to extend Boeing 737 Max flight cancellations The FAA's acting chief says airlines don't need to make more changes to their schedules after removing the the Boeing 737 Max from service through August. The FAA will review Boeing's s...
Brazil planemaker agrees $1.9 bln deal with United Airlines for up to 39 jets Brazilian planemaker Embraer SA has signed a contract with United Airlines worth $1.9 billion for the delivery of up to 39 E175 jets, the company said on Monday....
United Airlines extends cancellations of Boeing 737 MAX flights through August 3 United Airlines said on Friday it is extending by one month its cancellations of Boeing Co 737 MAX flights, now through Aug. 3, leading to about 40 or 45 daily canceled flights....
United Airlines extends cancellations of Boeing 737 MAX flights into August United Airlines said on Friday it is extending by one month its cancellations of Boeing Co 737 MAX flights, through Aug. 3, as the jetliner remains grounded following two fatal crashes....
Singapore Airlines' order of 31 Boeing 737 Max jets remains 'intact,' CEO says Singapore Airlines CEO Goh Choon Phong told reporters and analysts on Friday that an order for 31 Boeing 737 Max jets remains "intact" despite the aircraft's two deadly crashes....
American Airlines top executives buy company shares worth $2.4 million American Airlines Group Inc's top six executives on Tuesday bought 85,000 shares of the company's common stock on the open market for about $2.4 million, at a time when the share price has significant...
American Airlines extends cancellations from grounded Boeing 737 Max to Sept. 3 American Airlines is extending cancellations on the grounded Boeing 737 Max to Sept. 3. The beleaguered plane still doesn't have government approval to fly following two fatal crashes....
Airlines vow to improve bag tracking and ease travel for people with disabilities Two resolutions passed by the International Air Transport Association might make it easier to track bags and boost accessibility for people with disabilities....
Trade Tensions, Rising Costs Hit Profit Outlook for Airlines Airline industry earnings this year are expected to fall 21% short of expectations with global trade tensions and rising costs denting the outlook for collective profits, the industry’s leading trade ...
US airlines are bumping more travelers as Boeing 737 Max planes stay grounded U.S. airlines in the first three months of the year bumped travelers at the highest rate since the fall of 2017 amid the worldwide grounding of the Boeing 737 Max, according to the U.S. Department of ...
Spirit Airlines passenger banned for life after vaping on flight A 30-year-old Spirit Airlines passenger on a flight from Detroit to New Orleans recently got himself banned for life after deciding to take a smoke break in the plane's bathroom....
U.S. regulator bars airlines from flying over some Iran-controlled airspace The U.S. Federal Aviation Administration on Thursday issued an emergency order prohibiting U.S. operators from flying in an overwater area of Tehran-controlled airspace over the Strait of Hormuz and G...
Scandinavian Airlines stops duty free sales to cut emissions COPENHAGEN, Denmark (AP) — Scandinavian Airlines says it will stop selling duty-free goods on its flights to reduce the weight of its aircraft and save fuel and ultimately reduce carbon emissions, say...
United Airlines, USC agree to modify LA Coliseum naming deal United Airlines and the University of Southern California have reached a new naming rights agreement for Los Angeles Memorial Coliseum to resolve criticism that putting a corporate name on the stadium...
Global airlines slash profit forecast on protectionism fears Global airlines slashed a widely watched industry profit forecast by 21% on Sunday as an expanding trade war and higher oil prices compound worries about an overdue industry slowdown....
UPDATE 1-American Airlines sees $185 mln profit hit from Boeing MAX grounding American Airlines Group Inc said on Wednesday its second-quarter profit would be reduced by about $185 million as the No.1 U.S. airline had to cancel thousands of flights due to the grounding of Boein...
US set to grant tentative approval to American Airlines-Qantas venture The U.S. Transportation Department is expected to provide tentative approval to a bid by American Airlines and Qantas Airways to operate a joint venture, two people briefed on the matter said on Sunda...
Three more foreign airlines could operate domestic flights in Brazil -minister Three more foreign airlines are in talks with the Brazilian government to start domestic flight operations in the country, Brazil's infrastructure minister Tarcisio Gomes de Freitas told reporters on ...
Airlines to avoid Iranian airspace amid rising tensions The U.S. Federal Aviation Administration issued an emergency order prohibiting U.S.-registered aircraft operators from flying over the Persian Gulf and the Gulf of Oman due to increased tensions with ...
Group calls for boycott of airlines that use facial recognition software A digital rights group on Wednesday called on passengers to fly only with airlines that don't use facial recognition technology in an effort to end what it calls an "unethical" practice....
UAE civil aviation authority instructs airlines to take necessary safety measures: WAM The United Arab Emirates' General Civil Aviation Authority on Saturday instructed airlines registered in the country to take necessary measures given current risks in the region, Emirates News Agency ...
Airlines Announce New International Flights, Check Routes, Fares Here The announcements from Vistara, GoAir and SpiceJet come at a time when the suspension of flights by Jet Airways has led to additional demand in market...
American Airlines and Qantas win tentative U.S. approval for joint venture American Airlines Group Inc and Qantas Airways Ltd have been given the U.S. government's tentative approval to operate a joint venture after a prior effort was rejected in 2016....
UPDATE 2-American Airlines extends Boeing 737 MAX cancellations through Sept. 3 American Airlines Group Inc said Sunday it is extending cancellations of about 115 daily flights into September due to the grounding of the Boeing 737 MAX....
Russia's Ural Airlines plans to get first Boeing-737 MAX in December: Interfax Russian airline Ural Airlines plans to receive the first of 14 previously ordered Boeing-737 MAX aircraft for leasing in December, Interfax news agency reported, citing its chief executive Sergei Sku...
UPDATE 2-American Airlines CEO sees Boeing 737 MAX flying by mid-August The grounded Boeing Co 737 MAX is "highly likely" to be flying by mid-August, American Airlines Group Inc Chief Executive Doug Parker told shareholders on Wednesday....
Southwest Airlines pulls Boeing 737 Max off flight schedule until October Southwest Airlines announced it was pushing back the reintroduction of the Boeing 737 Max until October after the FAA said it had found a new problem with the plane....
Four Charged with Murder Over 2014 Downing of Malaysia Airlines Plane (NIEUWEGEIN, Netherlands) — Four people, including a prominent eastern Ukrainian separatist commander, were charged with murder Wednesday in the 2014 downing of Malaysia Airlines Flight 17 over ...
Delta CEO Calls Boeing 737 Max Problems a 'One Off' Despite Two Deadly Crashes on Other Airlines Delta has never flown the Boeing 737 Max plane, which has been grounded worldwide in the wake of two crashes that killed 346 people in Ethiopia and Indonesia. But Delta still wants to assure people th...
United Airlines to cancel over 8,000 flights due to grounding of Boeing 737 Max planes United is expected to cancel over 8,000 flights through October after having to ground its Boeing 737 Max planes. ...
Four to Face Murder Charges in Downing of Malaysia Airlines Flight 17 Three of those charged have ties to Russian military and intelligence agencies, and the indictment also suggests the involvement of an aide to Vladimir V. Putin....
American Airlines Orders 50 Airbus Jets, in Blow to Boeing American Airlines agreed to buy 50 long-range, single-aisle jets from Airbus—a big order for a new plane that leaves rival Boeing behind in a new race to dominate a potentially promising market for mi...
Hancock backs Johnson to 'bring country together' Boris Johnson has won the much sought-after endorsement of former Tory leadership candidate Matt Hancock, despite being attacked by his rivals for snubbing the first TV debate....
Taiwan is first country in Asia to approve same-sex marriage The vote allows same-sex couples full legal marriage rights, including in areas such as taxes, insurance and child custody. ...
Man in country illegally faces 10 years for gun possession TAMPA, Fla. (AP) — A Florida man who came to the U.S. from Mexico illegally as a teen is facing up to 10 years in prison for having a gun that he said he used to kill someone in self-defense. Court re...
U.S.-Mexico talks drag over 'third country' push Talks between Mexico and the United States to stave off tariffs dragged on Friday as negotiators battled over a U.S. demand that Mexico accepts more Central American migrants under a concept know as "...
Sadly, these England fans probably think they are doing their country proud For the fans who brought poison to Porto, following England abroad seems to be more about occupation than celebrationBy the time Porto’s rush-hour commuters were bustling along the Avenida dos Aliados...
How Brexit Broke Britain and Revealed a Country at War With Itself On a Friday evening in July 2012, 80,000 people gathered at the Olympic Stadium in East London to watch the opening ceremony of the 30th Olympiad. Some 27 million British people watched it on their te...
Honoring those who served and sacrificed on Memorial Day across the country Memorial Day is a holiday honoring American soldiers who made the ultimate sacrifice for their country. ...
Every country worldwide is now using the most effective polio vaccine We may be on the brink of eradicating polio at last, now that Mongolia and Zimbabwe have added the inactivated polio vaccine to routine immunisations...
"Not A Free Country": Ex-Pak President's Interview Abruptly Taken Off Air Pakistan's largest private broadcaster abruptly took an interview with former president Asif Ali Zardari off air shortly after it began, deepening fears of increasing censorship in a country already.....
Why Hondurans are taking to the streets or leaving the country Dead protesters, a "failed state" and accusations of high-level drug trafficking. This time it's not Venezuela in the headlines, but key US ally Honduras....
Martha Plimpton: ‘I am terrified for the women of my country’ The former teen star on being born into an acting dynasty, her anger at the abortion ban in Alabama and the trouble with American cinemaMartha Plimpton is an American actor who made her name as a teen...
Top Austrian judge to become country's first female chancellor Austria's president has picked the female president of the Constitutional Court to become interim chancellor after parliament voted Sebastian Kurz's government out of office in the wake of a video sti...
Czech PM says EU report on businesses an ‘attack’ on country Czech Prime Minister Andrej Babis says a confidential European Union report that established his former business empire poses a conflict of interest is an attack on his country...
Charlie Daniels says he's not a fan of new country music: 'I can't tell one song from another' Charlie Daniels of the Charlie Daniels Band performed for the "Fox & Friends" All-American Summer Concert Series on Friday, and gave his opinion on some of the new country music hitting the charts. ...
Algerian protesters keep up pressure on country's rulers Tens of thousands Algerians gathered on Friday in the capital to demand the removal of the ruling elite, keeping up pressure for more rapid change after the end of the 20-year rule of Abdelaziz Boutef...
What you should know about Africa's massive, 55-country trade bloc Leaders from 55 African nations have worked out a massive deal they hope will connect 1.3 billion people, create a $3.4 trillion economic bloc, and heat up commerce within the continent itself....
Necessary To Always Point Out Country's Flaws, Says Shabana Azmi Veteran actor Shabana Azmi said today that anyone who criticizes the government is branded as an anti-national these days. She added that no one in the country should be afraid and no one needs a......
New Campaign Is Asking Every Country on Earth to Name Distant Worlds A new campaign headed by the International Astronomical Union (IAU) called IAU100 NameExoWorlds will allow each country in the world to name a star and its exoplanet, the IAU announced yesterday.Read ...
Mexico may consider U.S. 'safe third country' demand after 45 days Mexico's government will consider legislation to accommodate U.S. demands to make Mexico a so-called safe third country for asylum seekers if it cannot stem migration flows in 45 days, Mexico's foreig...
Czech PM says EU report on businesses an 'attack' on country Czech Prime Minister Andrej Babis says a confidential European Union report that established his former business empire poses a conflict of interest is an attack on his country....
The Greek Election Brings Hope for a Country in Need In Greece, the mainstream has returned to power and the populists are in retreat. Prime Minister Kyriakos Mitsotakis promised that the country would “proudly raise its head again,” and Gre...
Airlines cancel more Boeing 737 MAX flights as some crash victims refuse to settle Southwest Airlines Co will not schedule Boeing 737 MAX flights until at least Oct. 1, the airline said on Thursday, just as the families of some Ethiopian Airline crash victims told a Chicago judge t...
With Memories Of MH17 Downing Over Ukraine, Airlines Avoid Persian Gulf Several international airlines said Friday that they had begun diverting flights to avoid some of the airspace over the Strait of Hormuz and the Gulf of Oman, where Iran shot down a U.S. drone a day.....
Four to face murder charges in downing of Malaysia Airlines Flight 17 that killed 298 A Dutch-led investigation into the 2014 wreck over Ukraine named four suspects, including a former leader of Russian-backed separatists in the region....
United Airlines will now hold planes for connecting flyers – thanks to new tool United Airlines is introducing ConnectionSaver, a new tool that identifies departing flights that can be held for connecting customers. ...
Four face murder charge over 2014 downing of Malaysia Airlines plane Four people charged with murder Wednesday in the 2014 downing of Malaysia Airlines Flight 17 over Ukraine that killed 298 people ...
Airlines Get Monsoon Manual After SpiceJet Plane Overshoots Mumbai Runway Aviation regulator DGCA has asked airlines that safety cannot be compromised at any cost and has asked them to ensure that pilots don't use an "unstabilised approach" while landing aircraft in bad......
Saudi Airlines shift flights away from Gulf of Oman, Strait of Hormuz Saudi Arabian Airlines has altered the path of its international flights away from the Gulf of Oman and the Strait of Hormuz, Saudi-owned Al-Arabiya said on Sunday, citing its own correspondent....
UPDATE 2-Airbus grabs China Airlines narrow-body jet order Airbus unveiled an aircraft deal with Taiwan's China Airlines on Wednesday, snatching the carrier's medium-haul fleet renewal from Boeing a day after its U.S. rival made a shock entry into the single-...
Airlines avoid parts of Iran-controlled airspace after U.S. regulator's order Some global airlines are re-routing flights to avoid Iran-controlled airspace over the Strait of Hormuz and Gulf of Oman, they said on Friday, after the U.S. aviation regulator barred its carriers fro...
American Airlines raises unit revenue forecast, shares rise American Airlines Group Inc on Wednesday raised its estimate for second-quarter unit revenue as the grounding of Boeing Co's MAX jets left the No. 1 U.S. carrier with fewer aircraft in service, allo...
Here's how you can cut airfare for tickets on discount airlines Allegiant, Frontier, Spirit It's true: You can save even more money on low-cost Allegiant, Frontier and Spirit airlines by buying tickets at the airport. Here's how. ...
UPDATE 6-U.S. regulator bars airlines from flying over some Iran-controlled airspace The U.S. Federal Aviation Administration issued an emergency order on Thursday prohibiting U.S. operators from flying in Iran-controlled airspace over the Strait of Hormuz and Gulf of Oman due to heig...
Aviation Body Starts Audit Of Airlines, Airports In Monsoon-Hit Areas Aviation regulator Directorate General of Civil Aviation (DGCA) said on Thursday it has started a special audit of all airlines and airports in monsoon-affected areas in the wake of multiple landing.....
Alaska Airlines investigating video of worker throwing bags from plane Alaska Airlines is looking into a May incident after video footage was shared of a worker carelessly throwing luggage from the airplane onto a cart below. The video, which was reportedly taken May 16 ...
American Airlines union: blaming pilots for Boeing 737 Max crashes 'inexcusable' Allied Pilots Association says jetmaker’s anti-stall software forced plane into such an aggressive dive pilots could not recoverAmerican Airlines’ pilots’ union has hit back at Boeing for insinuating ...
Southwest Airlines: A day in the life of crew members at Dallas Love Field Southwest Airlines and photographer Jeremy Dwyer-Lindgren take you behind the scenes of Dallas Love Field Airport on April 29, 2019. ...
Airlines cancel thousands of flights as Boeing works to fix 737 Max software problems American Airlines, United and Southwest -- the three U.S. airlines that operate Boeing's 737 MAX jet -- have extended flight cancellations into the fall. The Federal Aviation Administration remains no...
Exclusive: U.S. airlines expect Boeing 737 MAX jets need up to 150 hours of work before flying again Once regulators approve Boeing Co's grounded 737 MAX jets for flight, each aircraft will likely require between 100 and 150 hours of preparation before flying, officials from the three U.S. airlines t...
UPDATE 3-United Airlines extends cancellations of Boeing 737 MAX flights into August United Airlines said on Friday it is extending by one month its cancellations of Boeing Co 737 MAX flights, through Aug. 3, as the jetliner remains grounded following two fatal crashes....
Court grants American Airlines' request to end 'devastating' slowdown by unions A U.S. federal court on Friday granted American Airlines Group Inc's request to halt an alleged illegal slowdown by its mechanics' unions that the airline said had become "devastating" to its operatio...
United Airlines Announces Extended Flight Cancellations Due to Grounded Boeing 737 Max Flight cancellations continue as the Boeing 737 Max remains grounded pending an ongoing review of its software update, with United Airlines on Friday announcing yet another schedule revision.Read more...
Delta Airlines sued by man bitten by veteran's support dog in 2017 An Alabama man who was attacked by a veteran’s emotional support animal while on a 2017 Delta flight is now suing the airline and the veteran. ...
Dumbass Thinks He Can Vape Into a Bag on Spirit Airlines Flight, Gets Lifetime Ban: Report A Spirit Airlines passenger has reportedly been banned for life for vaping during a recent flight and setting off the plane’s bathroom smoke alarm....
A year after Qatar boss' gaffe, airlines still pay 'lip service' to diversity: executives A year after Qatar Airways boss' remark that a woman could not do his job drew scathing criticism, airline executives called out the industry for paying only "lip service" to diversity and not pushing...
American Airlines cancels 200+ flights Monday after Dallas area storms A Sunday storm in the Dallas-Fort Worth area has snowballed into 200+ cancellations heading into Monday, one of the week's busiest travel days. ...
Spirit Airlines passenger sets off plane smoke detector with e-cigarette A Spirit Airlines passenger was banned from the airline for life after setting off a plane's smoke detector with an e-cigarette, according to a police report....
Passenger On Pak Airlines Flight Opens Emergency Door By Mistake: Report Over three dozen passengers aboard a Pakistan International Airlines (PIA) flight were offloaded after one of them mistakenly opened the emergency door of the aircraft on the runway at the Manchester....
American Airlines Wants to Win Back Trust in Its Boeing 737 Max Jets by Making Its Execs Fly on Them American Airlines has a plan for convincing consumers that the Boeing 737 Max aircraft in its fleet are safe for flight: Stick their top brass on them and see how it goes.Read more......
Brazil lower house votes to allow foreign airlines in domestic market Brazil's lower house of Congress voted on Tuesday to allow foreign-controlled airlines to operate domestic flights in Latin America's largest economy, opening the door to more competition in an increa...
American Airlines offers satellite WiFi to its entire mainline fleet If you're relying on American Airlines for a summer trip, there's a good chance you'll have internet access most of the way. The company has finished deploying satellite-based internet...
Ants march out of carry-on, ground United Airlines flight at Newark A United flight arriving at Newark Liberty International Airport from Italy had to be taken out of service after ants from a carry-on bag appeared in part of the cabin....
Delta's test of free in-flight Wi-Fi may shame other airlines into offering service Now Delta Air Lines is taking its first steps towards offering free Wi-Fi as well. The Atlanta-based carrier started a two-week pilot test on May 13 that includes free Wi-Fi on around 55 domestic shor...
Turkish Airlines chairman expects Boeing 737 compensation, to meet Friday Turkish Airlines expects compensation from Boeing Co for losses over the grounding of 12 737 Max aircraft, the chairman of Turkey's flagship carrier was quoted as saying, adding that he would meet Boe...
WRAPUP 1-Southwest Airlines ends mechanics dispute just as American's heats up Southwest Airlines Co's mechanics union said on Tuesday its members had overwhelmingly voted to ratify a tentative contract agreement with the airline, ending seven years of labor negotiations fraught...
Airlines bumped more travelers amid Boeing 737 Max grounding, report shows Airlines denied boarding to more passengers amid the fallout of the Boeing 737 Max grounding in March, according to a new government report. ...
Southwest Airlines Mechanics Approve Contract, Ending Long Impasse After almost seven years of negotiations, the union reached an agreement with the airline that gives its members $160 million in back pay and raises of 20 percent....
Tires blow out on United Airlines plane during Newark landing, no one injured United flight 627 became disabled on the runway after it "experienced multiple flat tires" upon landing at 1 p.m. from Denver, the airline said in a statement....
French widow sues Boeing for $276 million over Ethiopian Airlines crash A French widow has filed a lawsuit against US aircraft manufacturer Boeing for $276 million in damages over the crash of an Ethiopian Airlines 737 Max 8 in March, which killed all 157 people on board ...
Airlines Announce New Routes, Offer Discount On Flight Tickets, Details Here SpiceJet and GoAir have announced flights on new routes and discounts on bookings. The announcements from the airlines come at a time when the suspension of flights by Jet Airways has led to......
New tool helps travelers avoid airlines that use facial recognition technology Companies such as JetBlue began utilizing the technology after Trump issued an executive order pushing for its use in US airportsA new tool launched by privacy activists offers to help travelers avoid...
United Airlines jet blows tires upon landing at Newark, delaying flights Federal officials are investigating after a United Airlines Boeing 757 blew several tires on landing at Newark Liberty International Airport, delaying flights....
Official: Guatemala hasn’t agreed to be safe third country GUATEMALA CITY (AP) — A Cabinet official says Guatemala has not agreed to become a so-called “safe third country” for migrants seeking asylum as suggested by U.S. President Donald Trump, b...
Arriving in Ireland, Trump says Brexit will be fine for the country Donald Trump, arriving in Ireland for the first time as U.S. president on Wednesday, sought to reassure the country that Britain's exit from the European Union would work out fine for its near neighbo...
Former Gov. Martinez on AOC wanting to get rid of DHS: 'It's pure insanity' and would put country at risk Former New Mexico Gov. Susana Martinez said Wednesday on "Outnumbered" that getting rid of the Department of Homeland Security - as Rep. Alexandria Ocasio-Cortez recently suggested - is "pure insanit...
EXPLAINER-U.S.-China trade war: the levers each country can pull President Donald Trump and Chinese President Xi Jinping will seek to revive talks to end a trade war when they meet on Saturday on the sidelines of a Group of 20 summit in Japan....
Mexican President Says He Wants To Disband Country's Army: Report Mexican President Andres Manuel Lopez Obrador said on Monday he would like to disband the army and put national security in the hands of the new National Guard militarized police force, though he......
Wrangler’s collab with rapper Lil Nas X gets boycotted by country fans For those who didn’t know, country fans take their jeans seriously — very seriously. Case in point: The company, Wrangler, came under fire this week after launching a denim collaboration w...
Son of country singer Granger Smith dies after accident NASHVILLE, Tenn. (AP) — Country singer Granger Smith says that his youngest son, River Kelly Smith, has died after an undisclosed accident. In a statement put out Thursday through his label, Smith sai...
Couchsurfing in Iran: close encounters in a foreign country Many consider Iran a dangerous travel destination. But the Iranians are probably some of the most hospitable people in the world. Join us on a trip through the living rooms of the Islamic Republic....
More than 4 million Venezuelans have left the country in recent years: UN The UN said Friday that the number of Venezuelans who have fled their strife-torn country in recent years has topped 4 million as the government of strongman Nicolás Maduro struggles to maintain power...
Trump tells Israelis to ‘get their act together,’ as country gears up for second election President Trump has done little to hide the fact that he prefers Benjamin Netanyahu, Israel's prime minister for a total of more than 13 years, to continue to lead the country....
The forgotten riches of the most densely biodiverse country on Earth Colombia is home to more birds, amphibians and butterflies than anywhere else. Human conflict preserved them – and in peace they now face new threats...
President Trump to the Fab Freshman of Congress: Go Back to Your Country If the migrant concentration camps weren’t enough to show you exactly where the president of people who support migrant concentration camps stands, his comments about the fabulous freshmen women of Co...
Explainer: U.S.-China trade war - the levers each country can pull President Donald Trump and Chinese President Xi Jinping will seek to revive talks to end a trade war when they meet on Saturday on the sidelines of a Group of 20 summit in Japan....
Lights for Liberty protests around the country against ICE migrant actions Lights for Liberty vigils are being held on Friday night encouraging the end of human detention camps for migrants along the U.S.-Mexico border. ...
China warns U.S. against labeling country as currency manipulator China said Wednesday a decision by the Trump administration to not label Beijing a currency manipulator is "in line with common sense" and warned Washington against "unilateral claims."...
Shell pledges to reveal the taxes it pays in every country Oil and gas giant Royal Dutch Shell PLC will disclose how much tax it pays in every country in which it operates, an executive told a Dutch parliamentary panel on Wednesday, in a report to be publishe...
12-year-old boy drowns at upscale New Jersey country club A 12-year-old boy drowned Wednesday at an upscale New Jersey country club, authorities said. The child was playing in the water at private Lake Valhalla Club in Montville around 3:30 p.m. when he went...
US Will Sanction Any Country That Imports Iranian Oil: Special Envoy The United States will sanction any country that imports Iranian oil and there are no exemptions in place, the US special envoy for Iran said on Friday....
Country Singer Justin Carter's Cause of Death Revealed UPDATE: Justin Carter's cause of death has been revealed. According to an autopsy report filed by the Montgomery County Forensic Services Department in Texas, the country singer died......
The Country-Rap Song Taking Over Nashville? It Isn’t ‘Old Town Road’ Billboard removed Lil Nas X’s “country trap” record from a country chart. So why did Blanco Brown’s “trailertrap” song “The Git Up” make it to No. 1?...
Guatemala court asked to block ‘safe 3rd country’ with US Three former Guatemalan foreign ministers are asking the country’s courts to bar President Jimmy Morales from striking a possible “safe third country” agreement with the United States, days ahead of a...
Cleansing Plastic From Oceans: Big Ask for a Country That Loves Wrap Japan is showcasing its plastics recycling at the G20 meeting in Osaka. But the Japanese also wrap everything in plastic, and a lot winds up in the sea....
Oklahoma man’s gay-pride sign about ‘country boys’ goes viral An Oklahoma “country boy” who plastered a rainbow on his pickup truck in honor of Gay Pride Month is receiving a lot of love on the Internet. Cody Barlow, who identifies as straight, said ...
In Bosnia, refugees stuck in a country its own people leave Still deeply scarred by a brutal inter-ethnic war in the 1990s, Bosnia has become the chief bottleneck in the main land route for thousands of migrants seeking a better life in Europe...
Official: Guatemala hasn't agreed to be safe third country A Cabinet official says Guatemala has not agreed to become a so-called "safe third country" for migrants seeking asylum as suggested by U.S. President Donald Trump, but it is taking steps to tackle mi...
Country Music Crosses the Pond in Wild Rose Country music may have flowered in the U.S., but its roots–including fiddle tunes and ballads from the British Isles, many of them songs about lost loves and premature death–lie on the oth...
Mexico becomes first country to ratify USMCA trade deal Mexico has been a strong proponent of the pact, which builds on NAFTA, the free-trade accord that has transformed this nation’s economy over the past 25 years....
Job seekers in one country face the worst racial discrimination While racial discrimination in hiring plagues many developed countries, one nation may have particular trouble bidding it adieu. France has the highest level of hiring discrimination against non-white...
Country stars offer prayers for Granger Smith Country stars at the CMA Fest in Nashville, Tennessee, offered prayers for fellow singer Granger Smith, whose three-year-old son died in an accident. (June 10) ...
China says its Panchen Lama made first trip outside country in May A youth appointed by China as the second-highest figure in Tibetan Buddhism but reviled as a fake by many Tibetans made his first trip outside the country last month, attending events in Thailand, Chi...
Here's to bandit country: the Irish border, writing's new frontier Once overshadowed by Dublin and Belfast, the border regions are finally being recognised for inspiring some of Ireland’s best writing – and it’s not all about BrexitAsk anyone where they think about w...
Syria says Israel hit military position in country’s south BEIRUT (AP) — Syria’s state-run news agency says Israel has attacked a military position in southern Syria, causing material damage. SANA said that during the Wednesday morning attack on al-Harr...
After Iran’s Drone Attack, Trump Says This Country ‘Will Not Stand for It’ Iran’s destruction of the high-altitude American drone surprised some American Defense Department officials, who say it was in international airspace, an assertion Iran disputes....
Wanted: Someone to eat ribs and travel the country. Salary: $5,000 a week If you love to eat barbecue ribs, has Reynolds Wrap got a job for you. Travel around the United States and pocket $5,000 a week sampling delicious meats....
Austria closes country roads to German travelers Tyrol province will restrict access to country roads, which travelers use to avoid traffic and tolls. The move was the latest escalation between Germany's state of Bavaria and Austria over cross-borde...
Country Singer Helps Lawrenceburg Man’s Dream Come True ANDERSON COUNTY, Ky. (LEX 18)– A Lawrenceburg man’s dreams came true when he finally got to sing in Nashville. Alan Phillips is fighting cancer, but he doesn’t let that stop him from...
United Airlines passengers discover their trans-Atlantic flight is crawling with ants A passenger on a Monday United flight from Venice, Italy to Newark, New Jersey, said she and other travelers discovered ants on the plane. ...
UPDATE 1-Court grants American Airlines' request to end "devastating" slowdown by unions A U.S. federal court on Friday granted American Airlines Group Inc's request to halt an alleged illegal slowdown by its mechanics' unions that the airline said had become "devastating" to its operatio...
UPDATE 2-Brazil Senate clears runway for foreign airlines on domestic routes Brazil's Senate on Wednesday passed legislation allowing foreign-controlled airlines to operate domestic flights, opening up Latin America's largest air travel market after years of debate....
United Airlines Suspends Newark-Mumbai Flights Over Iran Airspace Worries United Airlines said it had suspended flights from New Jersey's Newark airport to the Indian financial capital of Mumbai following a safety review after Iran shot down a high-altitude U.S.......
UPDATE 2-American Airlines raises unit revenue forecast, shares rise American Airlines Group Inc on Wednesday raised its estimate for second-quarter unit revenue as the grounding of Boeing Co's MAX jets left the No. 1 U.S. carrier with fewer aircraft in service, allowi...
United Airlines suspends Newark-Mumbai flights over Iran airspace concerns United Airlines said it had suspended flights from New Jersey's Newark airport to the Indian financial capital of Mumbai following a safety review after Iran shot down a high-altitude U.S. surveillanc...
Cracks Found In A380s Models, Airbus To Ask Airlines To Check Older Jets European aircraft maker Airbus will ask airlines operating 25 of its oldest A380 super-jumbo jets to inspect their wings after cracks were found in some models, the EU's Aviation Safety Agency said....
Drunk Hawaiian Airlines passenger to serve 6 months, pay $172K for diverted Feb. flight Kyong Chol Kim will serve six months in jail and repay Hawaiian Airlines $172,000 after his behavior forced his February flight to turn around. ...
United Airlines' new tool helps making your connecting flight easier United Airlines launched ConnectionSaver at two of the airline's busiest hubs and plans to expand to other airports in the future. ...
WRAPUP 1-Airlines cancel more Boeing 737 MAX flights as some crash victims refuse to settle Southwest Airlines Co will not schedule Boeing 737 MAX flights until at least Oct. 1, the airline said on Thursday, just as the families of some Ethiopian Airline crash victims told a Chicago judge th...
UN ‘comes together in sadness and solidarity’ to honour staff who died on board Ethiopian Airlines flight Ceremonies were held at UN Headquarters in New York and Geneva on Friday, to remember and honour the staff who died on board Ethiopian Airlines Flight 302, which crashed near Addis Ababa last Sunday, ...
Skytrax's best airlines of 2019: Qatar Airways grabs the top spot, Singapore is No. 2 Skytrax announced its 2019 ranking of the best airlines in the world on Tuesday. No U.S. carriers made the list. ...
Power outage at LAX airport leaves travelers stranded as airlines cancel flights Parts of Los Angeles International Airport were left without light and power for about three and a half hours Wednesday night, causing the cancellation, delay and diversion of flights....
American Airlines Forces Doctor to Wrap Herself in Blanket Because They Thought Her Romper Was Inappropriate First, I have to ask American Airlines employees a question: does this shit ever work out well for you? Has there ever been a time where a flight attendant has made some knee-jerk decision about how o...
Airlines scramble to overcome polluter stigma as 'flight shame' movement grows In Lorna Greenwood's London home, there is a shelf lined with travel guides. But the 32-year-old mother and former government employment lawyer has given up flying....
Drunken passenger ordered to pay $172K for forcing Hawaiian Airlines plane to land An airplane passenger whose drunken behavior on a Hawaiian Airlines flight forced the plane to land mid-flight has been ordered to pay the airline $172,000. Kyong Chol Kim was sentenced on Wednesday t...
U.S. transport agency green lights American Airlines Qantas joint venture The U.S. Transportation Department on Monday said it has granted tentative approval to a bid by American Airlines Group Inc and Qantas Airways Ltd to operate a joint venture....
Malaysia Airlines Flight 370 'disintegrated into confetti,' captain appears to have run ‘amok,' report says The ill-fated Malaysia Airlines Flight 370 was piloted by a captain who was often "lonely and sad" and experimented with a flight profile which nearly matched the aircraft's doomed path that a new rep...
Trade tensions have hit cargo demand in Asia, but there's a silver lining for regional airlines Ongoing U.S.-China trade tensions are negatively affecting air cargo demand — but the passenger side of the business is much more positive for Asian airlines, according to the Association of Asia Paci...
Indian Airlines To Avoid Iran Airspace Amid Tensions: Aviation Watchdog Amid rising geopolitical tensions between the US and Iran, India's aviation regulator DGCA Saturday said Indian airlines have decided to avoid the "affected part of the Iranian airspace" and reroute.....
FAA bars U.S. airlines from flying over Persian Gulf amid escalating tensions with Iran The U.S. Federal Aviation Administration issued an emergency order prohibiting U.S.-registered aircraft operators from flying over the Persian Gulf and the Gulf of Oman due to increased tensions with ...
United Airlines plane skids off runway at Newark Airport; flights halted Flights were halted for two hours at Newark Airport on Saturday after a United Airlines flight from Denver skidded off the runway. ...
Mandy Moore takes first flight (and proud pics) with her dad, an American Airlines pilot Mandy Moore took an American Airlines flight piloted by her dad, who just celebrated 40 years with the airline. ...
Catching z's on a long flight? These US airlines provide amenity kits to help flyers relax United, American, Delta, Hawaiian and JetBlue offer amenity kits that come with items like eye masks, dental kits, lip balm and lotions ...
Ethiopian Airlines pushes back on criticism, says pilots followed emergency procedures before March crash Airline officials said FAA chief Daniel Elwell’s attempt this week to place some of the responsibility for a deadly March crash on their pilots’ actions was an attempt to “divert public attention” fro...
Truck hits parked Southwest Airlines plane at Pittsburgh Airport, worker hurt A Southwest Airlines employee is being treated at a hospital after the truck he was driving struck the rear of a plane. ...
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[[Category:Marketing]]< [[Marketing]]
{{Marketing}}
Welcome to the '''Strategic Marketing Plan''' for the OpenOffice.org Marketing Project. Copies of the marketing plan are available at [http://marketing.openoffice.org marketing.openoffice.org] in a variety of formats. This section of the wiki has been setup to transfer a copy of the plan to this site.
==Cover Page==
For the progress of drafting a new SMP, please refer to [[Strategic_Marketing_Plan_2010|this wiki page]].<br>
http://ooosmp.homelinux.org/uploads/SMP/cover.png
==Table of Contents==
== Cover Page ==
'''What this Plan is...'''
This document is the first published Strategic Marketing Plan for the OpenOffice.org office productivity suite. Its publication is timed to coincide with the run-up to the second major release of OpenOffice.org, version 2.0. The Plan follows a three-month consultation process with the whole OpenOffice.org Community, and seeks formal adoption by the Community Council at the end of 2004.
== Table of Contents ==
The Plan looks at the current market for office productivity suites, at the major players in the field, and seeks to identify trends which will influence the market over the next five years. It looks at OpenOffice.org’s place within the market now, and where it should aim to be by 2010.
== Introduction ==
The analysis looks at the strengths and weaknesses of the OpenOffice.org suite, and how these should help influence the Community’s response to opportunities and threats in the marketplace.
It also looks in detail at the features of OpenOffice.org and the benefits these deliver to customers. From this analysis, the Plan identifies a number of target markets whose needs are most closely matched by the benefits provided by OpenOffice.org.
Finally, the Plan sets targets for penetration by OpenOffice.org into these target markets, and lists the main strategies which the Marketing Project proposes to achieve these goals.
'''...and what it is not'''
This document is not a Strategic Marketing Plan for the OpenOffice.org Community. Just as the software needs to attract users, so the Community needs to attract contributors who want to help the Community achieve its [[#Goals|mission statement]]. This will be the subject of a separate Plan.
'''Contributions'''
As the Plan continues to evolve, the latest version will be available on the Marketing Project web site: http://marketing.openoffice.org/strategy. Comments and contributions are always welcome in the Marketing Project’s strategy discussion forum - see the Project web pages for an archive and details of how to participate.
==Community Review==
===History===
StarDivision, the original author of the StarOffice suite of software, was founded in Germany in the mid-1980s. Its StarOffice product developed over the next decade into a fully-fledged office productivity suite (spreadsheet, word processor, graphics, presentations) comprising over 7.5 million lines of code, and equalling in functionality the market-leading product (Microsoft Office).
The company was acquired by Sun Microsystems Inc during the summer of 1999, and StarOffice 5.2 was released in June of 2000([[#a01|1]]). That same year, Sun made the momentous decision to open-source([[#a02|2]]) the product as OpenOffice.org 1.0 and kick-start the OpenOffice.org Community (the Community) to support, develop, and promote the software under open-source principles([[#a03|3]]). At the same time, Sun decided to use the same codebase as the foundation for the continuing commercial StarOffice product.
===Goals===
== Community Review ==
The Community([[#f02|ii]]) was set up with the following mission statement:
<blockquote>'''OpenOffice.org Mission Statement'''
=== History ===
To create, as a community, the leading international office suite that will run on all major platforms and provide access to all functionality and data through open-component based APIs and an XML-based file format.</blockquote>
StarDivision, the original author of the [[StarOffice]] suite of software, was founded in Germany in the mid-1980s. Its [[StarOffice]] product developed over the next decade into a fully-fledged office productivity suite (spreadsheet, word processor, graphics, presentations) comprising over 7.5 million lines of code, and equalling in functionality the market-leading product (Microsoft Office).
'''Success Criteria'''
The company was acquired by Sun Microsystems Inc during the summer of 1999, and [[StarOffice]] 5.2 was released in June of 2000([[#a01|1]]). That same year, Sun made the momentous decision to open-source([[#a02|2]]) the product as OpenOffice.org 1.0 and kick-start the OpenOffice.org Community (the Community) to support, develop, and promote the software under open-source principles([[#a03|3]]). At the same time, Sun decided to use the same codebase as the foundation for the continuing commercial [[StarOffice]] product.
The Community’s Success Criteria are derived directly from the mission statement:
=== Goals ===
#to grow a world wide Community capable of maintaining, developing, supporting, and promoting OpenOffice.org
#to develop OpenOffice.org to provide all the features expected from a world class office productivity suite
#to grow the market share of OpenOffice.org to a position of leadership
#to design OpenOffice.org to support easy translation into any language (including complex text and vertical writing languages), and provide translations and support in local languages worldwide
#to encourage porting to any computing platform capable of running the software (MS-Windows - all variants; Unix variants - e.g. Sun Solaris; Linux - all significant distributions; Apple Mac; etc)
#to architect OpenOffice.org on a modular basis, callable from all major programming languages, and document fully all APIs([[#a04|4]]).
#to store all OpenOffice.org data in published XML formats and work with standards bodies to ensure compliance with emerging standards for office documents([[#a05|5]]).
[<span id="f02">ii</span>]In this document, the term ''OpenOffice.org'' is always used to mean the software; the term ''the Community'' is used to refer to the OpenOffice.org ''project''.
====Community Goals====
<blockquote>'''OpenOffice.org Mission Statement''' To create, as a community, the leading international office suite that will run on all major platforms and provide access to all functionality and data through open-component based APIs and an XML-based file format.</blockquote>
'''Financial Independence'''<br>
There are various business models for sustaining open-source activities. One model, used by Red Hat, is to charge customers subscription fees for services and support around free software. Open-source database company MySQL has a commercial licence for customers who want a support contract and a separate open-source licence([[#a06|6]]). Other companies, such as toolmaker Zend Technologies, charge for commercial products that are more functional than the open-source versions of their software. The Linux kernel itself is now developed largely by corporate employees([[#a07|7]]).
As of today (2004), both OpenOffice.org and the Community are heavily dependent on the support of Sun for their continued survival. The Community has set itself a challenge to become completely self-sufficient, and rely on volunteer effort and/or funds generated by the Community. Given the changing patterns within the global IT industry, this is a desirable position for the Community to be in. However, the challenge of reaching full financial and legal autonomy is not to be underestimated.
'''Organisational Maturity'''<br>
As of summer 2004, some projects within the Community are well-supported and successful - for example, the native language projects are providing support for over 30 languages. Overall the Community is still immature in terms of governance, organisation, and ability to reach consensus and mobilise around an agreed plan. The creation of this Strategic Marketing Plan by the Community’s Marketing Project (the Project) is part of this Community development process. It is recognised that the Community itself will need to change in order to adopt this Plan and those from other projects.
====<span id="Marketing Goals">Marketing Goals</span>====
==== Community Goals ====
The Project has sole or joint responsibility for the first five of the success criteria listed above. In the five years since launch, OpenOffice.org has been highly successful in attracting downloads([[#a08|8]]) and distribution. However, its share of the global office productivity suite market is probably no more than a few percent([[#a09|9]]), with Microsoft’s Office product (MS-Office) the firmly entrenched market leader.
'''Financial Independence'''<br> There are various business models for sustaining open-source activities. One model, used by Red Hat, is to charge customers subscription fees for services and support around free software. Open-source database company MySQL has a commercial licence for customers who want a support contract and a separate open-source licence([[#a06|6]]). Other companies, such as toolmaker Zend Technologies, charge for commercial products that are more functional than the open-source versions of their software. The Linux kernel itself is now developed largely by corporate employees([[#a07|7]]).
Studies have shown the difficulty of replacing an established brand leader in conventional products. For example, one study was made of 25 brands that held the number one position. Sixty years later, 20 of those 25 brands still held the number one position. Similarly, studies show that historically, the top three brands in a product category typically occupy market share in a ratio of 4:2:1. Gartner Group predicted in May 2002 that the OpenOffice.org codebase could eventually reach 10% market share([[#a10|10]]).
On the other hand, academics such as Christensen have demonstrated that under certain conditions, newcomers can dethrone even the most firmly entrenched market leader (see [http://ooosmp.homelinux.org/MarketReview/DisruptiveTechnologies A Game Plan for Disruptive Marketing]). The project believes that with targeted marketing, OpenOffice.org can fit the criteria of being a ‘disruptive technology’, and that the ambition of being ‘the leading international office suite’ is achievable within the five year timescales of this Plan.
'''Organisational Maturity'''<br> As of summer 2004, some projects within the Community are well-supported and successful - for example, the native language projects are providing support for over 30 languages. Overall the Community is still immature in terms of governance, organisation, and ability to reach consensus and mobilise around an agreed plan. The creation of this Strategic Marketing Plan by the Community’s Marketing Project (the Project) is part of this Community development process. It is recognised that the Community itself will need to change in order to adopt this Plan and those from other projects.
By 2010, the Project’s goal is for the OpenOffice.org codebase to be in a position of market leadership (>50%) in all its target markets; for it to be the office suite of choice for a majority of all PC users; and for it to be in use by a significant percentage (>40%) of all office users worldwide. The analysis behind these targets is explained in [[#Goals and Objectives|Target 2010]].
==== <span id="Marketing_Goals">Marketing Goals</span> ====
====Product Goals====
Thanks to the long history of development,OpenOffice.org is a mature product and independent reviewers acknowledge that it ‘provides the core functionality that most users need’([[#a11|11]]). The Community’s goal is for OpenOffice.org to stay in this position of meeting all the needs of the typical ‘office’ user; to offer a simple and clean migration path from significant competitors; and to be available to users on the platform and in the language of their choosing.
The roles of the Marketing Project in meeting this product goal are primarily those of ensuring product development meets the evolving needs of users, and attracting members to the Community who will become active in any aspect of the Community’s activities. As explained earlier, this Plan looks at the first of those roles.
==Market Review==
It is a truism that a PC is useless without software. Once an operating system has been installed, a PC can be used to run application software. While there is a market for PCs running specialised applications, the majority of PCs sold are used to run one or more ‘office’ applications for at least some of the time.
By 2010, the Project’s goal is for the OpenOffice.org codebase to be in a position of market leadership (>50%) in all its target markets; for it to be the office suite of choice for a majority of all PC users; and for it to be in use by a significant percentage (>40%) of all office users worldwide. The analysis behind these targets is explained in [[#Goals_and_Objectives|Target 2010]].
The potential market for office suites providing these applications is therefore almost as big as the market for PCs, and growing at the same dramatic rate (see [[#Goals and Objectives|Target 2010]]).
==== Product Goals ====
Currently, the market is dominated by the Microsoft Windows (MS-Windows) operating system, and within this platform, the dominant office suite by far is Microsoft Office (MS-Office) in its different versions.
===<span id="Market Segmentation">Market Segmentation</span>===
'''What is an Office Suite'''<br>
The concept of an office suite arose out of the limitations of legacy computing technologies. Word processors, spreadsheets, and drawing packages each met generic office user needs; bundling them together made good commercial sense. So, in features([[#f03|iii]]) terms, an office suite is typically a bundle of a word processor, spreadsheet, and presentations package with a similar look and feel and interoperability.
However, in benefits terms, the Project would define an office suite as a single package that helps a large population address the most common tasks in their working lives. In today’s internet-enabled offices suggests that the conventional trinity of applications is no longer sufficient. The Project contends that a single package that helps a large population address the most common tasks in their working lives is incomplete without at least email and web browser capabilities.
== Market Review ==
'''Types of Office Suite'''<br>
Providing different ‘flavours’ of office suite enables COTS2 software vendors to achieve marketing goals including targeting different markets, introducing differential pricing, or extending the life of products.
;Entry Level:These software packages provide basic ‘office’ functionality within a single offering (e.g. Microsoft Works). The Project contends that users are constrained into this segment by one or more limiting factors, such as: price (the user cannot afford anything better); requirements (the user’s needs are completely met by the product); hardware (the users PC cannot run bigger software); knowledge (the user believes they can only use this product); and so on.
The potential market for office suites providing these applications is therefore almost as big as the market for PCs, and growing at the same dramatic rate (see [[#Goals_and_Objectives|Target 2010]]).
;Full Function:The usual definition of office ‘suite’ refers to more powerful separate packages which inter-operate closely with a common look and feel (e.g. MS-Office with Word, Excel, and Powerpoint).
;Professional:‘Professional’ editions of office suites add in other packages, for example, databases and photo-editors.
;Internet enabled:Increasingly, customers expect office suites to also provide internet capabilities such as:
:* web browser / html editing
:* email
:* groupware (e.g. shared calendars)
According to the definitions above, OpenOffice.org falls between the Full Function and Professional market segments, with some elements of internet enablement.
=== <span id="Market_Segmentation">Market Segmentation</span> ===
'''StarOffice and OpenOffice.org'''<br>
'''What is an Office Suite'''<br> The concept of an office suite arose out of the limitations of legacy computing technologies. Word processors, spreadsheets, and drawing packages each met generic office user needs; bundling them together made good commercial sense. So, in features([[#f03|iii]]) terms, an office suite is typically a bundle of a word processor, spreadsheet, and presentations package with a similar look and feel and interoperability.
Sun Microsystems’ decision to open-source the OpenOffice.org codebase has created a de-facto segmentation of the market by licence, with the same underlying codebase available under open-source licencing (as OpenOffice.org) and as a COTS product (StarOffice).
The two different product offerings are targeted at two different market segments, although there is a considerable ‘grey area’ in between.
Some typical key differentiators are as follows:
'''Types of Office Suite'''<br> Providing different ‘flavours’ of office suite enables COTS2 software vendors to achieve marketing goals including targeting different markets, introducing differential pricing, or extending the life of products.
<blockquote>'''Reasons for preferring StarOffice to OpenOffice.org<br>
;Entry Level
* A user currently has a proprietary licenced competitive COTS product, and prefers to continue to use proprietary licences
:These software packages provide basic ‘office’ functionality within a single offering (e.g. Microsoft Works). The Project contends that users are constrained into this segment by one or more limiting factors, such as: price (the user cannot afford anything better); requirements (the user’s needs are completely met by the product); hardware (the users PC cannot run bigger software); knowledge (the user believes they can only use this product); and so on.
* Company policy forbids open-source software
;Full Function
* There is a requirement to purchase world-class support from a large vendor
:The usual definition of office ‘suite’ refers to more powerful separate packages which inter-operate closely with a common look and feel (e.g. MS-Office with Word, Excel, and Powerpoint).
* A company needs the security of having a large corporate supplier to sue if anything goes wrong
;Professional
* A user needs the additional commercial products included in StarOffice (fonts, Adabas database, etc.)</blockquote>
:‘Professional’ editions of office suites add in other packages, for example, databases and photo-editors.
;Internet enabled
:Increasingly, customers expect office suites to also provide internet capabilities such as:
<blockquote>'''Reasons for preferring OpenOffice.org to StarOffice<br>
:*web browser / html editing
* A user does not currently have a licenced competitive COTS product
:*email
* StarOffice is not available in the user’s local language/on their chosen platform
:*groupware (e.g. shared calendars)
* An organisation wants to minimise its acquisition cost
* A user believes in the principle of open-source software
* An organisation would like to be able to give away copies of the software (e.g. to students, employees, etc.)</blockquote>
'''Other products using the OpenOffice.org codebase'''<br>
The OpenOffice.org open-source licence allows the OpenOffice.org codebase to be used as the basis of other software products, both free or commercial (although there are some restrictions on how the code can be used).<p>
Products have already emerged based on the OpenOffice.org codebase, for example, versions targeted at particular sectors([[#a12|12]]), or geographies([[#a13|13]]), or operating systems([[#a14|14]]). Sun Microsystems have also actively encouraged the emergence of commercial products based on the codebase (AOL Office, Novell Office, Lycoris Office, etc)</p><p>
'''[[StarOffice]] and OpenOffice.org'''<br> Sun Microsystems’ decision to open-source the OpenOffice.org codebase has created a de-facto segmentation of the market by licence, with the same underlying codebase available under open-source licencing (as OpenOffice.org) and as a COTS product ([[StarOffice]]).
Given the diversity of the open-source development community, it is also inevitable that other development streams will emerge. For example, the Ximian ‘fork’ of OpenOffice.org([[#a15|15]]) has attracted contributions from the Fedora and Debian communities, some of whose developers are uncomfortable with the Community licence / development model, or with software which has any dependencies on non-free software (such as Java).</p><p>
The Project considers that these developments all contribute to the adoption of the OpenOffice.org codebase, and as such are welcomed. However, the Project’s main focus is on the branded OpenOffice.org product, and as such has adopted the following principles in respect of third party products.</p>
<blockquote>'''Reasons for preferring [[StarOffice]] to OpenOffice.org<br>'''
*A user currently has a proprietary licenced competitive COTS product, and prefers to continue to use proprietary licences
*Company policy forbids open-source software
*There is a requirement to purchase world-class support from a large vendor
*A company needs the security of having a large corporate supplier to sue if anything goes wrong
*A user needs the additional commercial products included in [[StarOffice]] (fonts, Adabas database, etc.)
</blockquote> <blockquote>'''Reasons for preferring OpenOffice.org to [[StarOffice]]<br>'''
*A user does not currently have a licenced competitive COTS product
*[[StarOffice]] is not available in the user’s local language/on their chosen platform
*An organisation wants to minimise its acquisition cost
*A user believes in the principle of open-source software
*An organisation would like to be able to give away copies of the software (e.g. to students, employees, etc.)
'''Other products using the OpenOffice.org codebase'''<br> The OpenOffice.org open-source licence allows the OpenOffice.org codebase to be used as the basis of other software products, both free or commercial (although there are some restrictions on how the code can be used).
* All users of the codebase are actively encouraged to give prominence to the fact they are based on the OpenOffice.org codebase.
Products have already emerged based on the OpenOffice.org codebase, for example, versions targeted at particular sectors([[#a12|12]]), or geographies([[#a13|13]]), or operating systems([[#a14|14]]). Sun Microsystems have also actively encouraged the emergence of commercial products based on the codebase (AOL Office, Novell Office, Lycoris Office, etc)
* On a reciprocal basis, the Project should use third party brands to build product credibility (AOL is a bigger consumer brand than OpenOffice.org or Sun Microsystems).
* Any improvements to the OpenOffice.org codebase should be fed back into the Community.
* Organisations using the codebase for commercial ends should also be encouraged to feed back to the Community either in kind or in cash.
* The Community should work to remove any barriers which prevent organisations or individuals contributing to the Community.
[<span id="f03">iii</span>]See [[#Features and Benefits|Features and Benefits]]
Given the diversity of the open-source development community, it is also inevitable that other development streams will emerge. For example, the Ximian ‘fork’ of OpenOffice.org([[#a15|15]]) has attracted contributions from the Fedora and Debian communities, some of whose developers are uncomfortable with the Community licence / development model, or with software which has any dependencies on non-free software (such as Java).
===Disruptive Technologies===
The Project considers that these developments all contribute to the adoption of the OpenOffice.org codebase, and as such are welcomed. However, the Project’s main focus is on the branded OpenOffice.org product, and as such has adopted the following principles in respect of third party products.
[[#Marketing Goals|Marketing Goals]] noted that delivering the Community’s Mission Statement means creating disruptive change in the marketplace. The seminal text on disruptive change - '''The Innovator’s Solution'''([[#a16|16]]) provides some strategy guidelines for identifying target markets:
*All users of the codebase are actively encouraged to give prominence to the fact they are based on the OpenOffice.org codebase.
*On a reciprocal basis, the Project should use third party brands to build product credibility (AOL is a bigger consumer brand than OpenOffice.org or Sun Microsystems).
*Any improvements to the OpenOffice.org codebase should be fed back into the Community.
*Organisations using the codebase for commercial ends should also be encouraged to feed back to the Community either in kind or in cash.
*The Community should work to remove any barriers which prevent organisations or individuals contributing to the Community.
<blockquote>'''A Game Plan for Disruptive Marketing'''<br>
[<span id="f03">iii</span>]See [[#Features_and_Benefits|Features and Benefits]]
Target only those customers and markets that look unattractive to every established competitor. If an idea is sustaining (an improved version of an already available and popular product) relative to even a single competitor, the idea will not succeed as a disruption.<p>
=== Disruptive Technologies ===
Try to compete against nonconsumption: customers who are currently unable to use currently available products at all, either because they can’t afford them or are too inexperienced to use them. These markets have the most potential because these customers will compare your product to having nothing at all, and so will be thrilled to buy it even if it’s inferior to currently available products.</p><p>
[[#Marketing_Goals|Marketing Goals]] noted that delivering the Community’s Mission Statement means creating disruptive change in the marketplace. The seminal text on disruptive change - '''The Innovator’s Solution'''([[#a16|16]]) provides some strategy guidelines for identifying target markets:
<blockquote>'''A Game Plan for Disruptive Marketing'''<br> Target only those customers and markets that look unattractive to every established competitor. If an idea is sustaining (an improved version of an already available and popular product) relative to even a single competitor, the idea will not succeed as a disruption.
Try to compete against nonconsumption: customers who are currently unable to use currently available products at all, either because they can’t afford them or are too inexperienced to use them. These markets have the most potential because these customers will compare your product to having nothing at all, and so will be thrilled to buy it even if it’s inferior to currently available products.
If there are no nonconsumers available, explore the feasibility of a low-end disruption instead: customers who can’t use all the functionality they currently have to pay for and who won’t pay premium prices for upgraded products. If this isn’t possible either, and you’re not an industry incumbent, don’t invest in the idea.</p><p>
If there are no nonconsumers available, explore the feasibility of a low-end disruption instead: customers who can’t use all the functionality they currently have to pay for and who won’t pay premium prices for upgraded products. If this isn’t possible either, and you’re not an industry incumbent, don’t invest in the idea.
When searching for ideas with disruptive potential, look for ways to help customers get done more conveniently and inexpensively what they are already trying to do. Don’t invent new problems for customers to solve - they won’t reprioritise what’s important in their lives just because your product is available.</p></blockquote>
When searching for ideas with disruptive potential, look for ways to help customers get done more conveniently and inexpensively what they are already trying to do. Don’t invent new problems for customers to solve - they won’t reprioritise what’s important in their lives just because your product is available.
The Project plans to address both overserved users and non-consumers. Many overserved users who are considering upgrading do not use all the features of their current office suite. These users are ripe for the message that OpenOffice.org provides the full-featured office suite functions at a lower (or no) cost. Non-consumers are rampant in countries with annual incomes below $10,000 – about five sixths of the world’s population. For these potential users, even $100 would be too expensive for an office suite.
Within these guidelines, the Project has identified a number of market segments where the benefits of using OpenOffice.org provide a particularly good match to the needs of the market. It has also identified a number of segments where the fit is less good. A detailed analysis of the product features of OpenOffice.org and the benefits perceived by users is given below in [[#Features_and_Benefits|Features and Benefits]]. The full analysis of the target markets is given below in [[#Market_Segmentation|Market Segmentation]].
Within these guidelines, the Project has identified a number of market segments where the benefits of using OpenOffice.org provide a particularly good match to the needs of the market. It has also identified a number of segments where the fit is less good. A detailed analysis of the product features of OpenOffice.org and the benefits perceived by users is given below in [[#Features and Benefits|Features and Benefits]]. The full analysis of the target markets is given below in [[#Market Segmentation|Market Segmentation]].
== Product Review ==
==Product Review==
OpenOffice.org suite consists of four major applications:
*Writer - word processor
*Calc - spreadsheet
*Impress - presentations
*Draw - graphics
* Writer - word processor
Writer also operates as a web page (HTML) editor.
* Calc - spreadsheet
* Impress - presentations
* Draw - graphics
These applications were originally a single ‘desktop’ within [[StarOffice]] which has now been separated into four applications. This gives them a high degree of commonality (more so than MS-Office, which started life as separate packages which have been blended together).
These applications were originally a single ‘desktop’ within StarOffice which has now been separated into four applications. This gives them a high degree of commonality (more so than MS-Office, which started life as separate packages which have been blended together).
In addition, there are three utilities which operate across the major components:
*a mathematical formula editor
*macro / Basic programming language
*Data Access tools for working with SQL databases
* a mathematical formula editor
OpenOffice.org does not contain:
* macro / Basic programming language
* Data Access tools for working with SQL databases
*email / calendar tools
*a web browser
*a database (although dBase format tables can be used out of the box with OpenOffice.org’s Data Access tools)
* email / calendar tools
Independent reviews rate OpenOffice.org as capable as its competitors in terms of functionality([[#a17|17]]). However, it does lack some end-user ‘extras’ such as printed manuals, templates, clip-art libraries, etc.
* a web browser
* a database (although dBase format tables can be used out of the box with OpenOffice.org’s Data Access tools)
OpenOffice.org is available for the following platforms:
*Microsoft Windows (98, NT, ME, 2000 and XP)
*GNU/Linux
*Sun Solaris 8 Operating Environment
*Mac OS X Darwin PPC (within X)
* Microsoft Windows (98, NT, ME, 2000 and XP)
Some of the newer features require installation of a Java Runtime Environment (JRE).
* GNU/Linux
* Sun Solaris 8 Operating Environment
* Mac OS X Darwin PPC (within X)
OpenOffice.org is available in over 30 languages.
=== <span id="Distribution">Distribution</span> ===
===<span id="Distribution">Distribution</span>===
OpenOffice.org can be downloaded free of charge from the OpenOffice.org website or worldwide mirrors. Many Linux distributions now include OpenOffice.org, although some have removed some functionality for licencing reasons. It is also bundled by some hard/removable disk drive and PC manufacturers.
OpenOffice.org can also be obtained on CD in different forms in different markets:
*some public libraries stock and loan the software
* some public libraries stock and loan the software
*commercial distributors offer the product for sale
* commercial distributors offer the product for sale
*it has appeared on cover CDs with magazines
* it has appeared on cover CDs with magazines
*it appears in software bundles such as the OpenCD
* it appears in software bundles such as the OpenCD
*some academic organisations make it available to students
===<span id="Features and Benefits">Features and Benefits</span>===
=== <span id="Features_and_Benefits">Features and Benefits</span> ===
It is a marketing axiom that consumers do not choose a product on the features that it offers, but on the benefits (real or perceived) that it brings.
This section lists the distinctive features of OpenOffice.org and the benefits that these bring to users.
! align="left"|Feature!! align="left"|Benefit
! align="left" | Feature
! align="left" | Benefit
| valign="top"|Open-source license||No license fees to pay for installation or upgrade<br>No license/compliance hassles or need for software audits<br>Can be given away free<br>Source code can be inspected for 'trojans', etc.<br>Individuals or companies can contribute directly to product development or supplying a missing feature
| valign="top" | Open-source license
| No license fees to pay for installation or upgrade<br>No license/compliance hassles or need for software audits<br>Can be given away free<br>Source code can be inspected for 'trojans', etc.<br>Individuals or companies can contribute directly to product development or supplying a missing feature
|Open APIs||Can be included in other software
| Open APIs
| Can be included in other software
|Extensive help system||Easy to learn and use without requiring external documentation
| Extensive help system
| Easy to learn and use without requiring external documentation
|MS-Office file compatability||Easy to migrate<br>Easy to exchange documents with MS-Office users
| MS-Office file compatability
| Easy to migrate<br>Easy to exchange documents with MS-Office users
|MS-Office look and feel||Operations are similar enough to make migration easy
| MS-Office look and feel
| Operations are similar enough to make migration easy
| valign="top"|Creates PDF's||Saves buying Adobe Acrobat<br>What you send is what people receive<br>Issue documents as 'read only'
| valign="top" | Creates PDF's
| Saves buying Adobe Acrobat<br>What you send is what people receive<br>Issue documents as 'read only'
| valign="top"|Open XML file formats||Data can be easily used in other software products<br>File format cannot be 'time-expired' by a vendor<br>File contents can be examined for 'unwanted' content using simple PC tools<br>Compression means files typically are smaller than MS-Office equivalents
| valign="top" | Uses [http://www.oasis-open.org/committees/tc_home.php?wg_abbrev=office OpenDocument Format]
| Data can be freely used in other software products as the standard as not controlled by any one vendor<br>File format cannot be 'time-expired' by a vendor<br>File contents can be examined for 'unwanted' content using simple PC tools<br>Compression means files typically are smaller than MS-Office equivalents
|Long development history||Stable product, less liable to crash
| Long development history
| Stable product, less liable to crash
| valign="top"|Origins as a single integrated product||Open any file from any application<br>Common user interface across all component
| valign="top" | Origins as a single integrated product
| Open any file from any application<br>Common user interface across all component
| valign="top"|Cross platform||Good product to teach/learn: learn once, use anywhere<br>Free to choose where you run it
| valign="top" | Cross platform
| Good product to teach/learn: learn once, use anywhere<br>Free to choose where you run it
|Multiple language support||Likely to be available in your language
| Multiple language support
| Likely to be available in your language
|Designed to be multi-lingual||Easy to translate
| Designed to be multi-lingual
| Easy to translate
|Community support||Direct access to developers
| Community support
| Direct access to developers
|Community is not just a coding project|| valign="top"|Lots of possibilities for contributors
| Community is not just a coding project
| valign="top" | Lots of possibilities for contributors
|Not Microsoft||Monopoly suppliers generate strong feelings
| Not Microsoft
| Monopoly suppliers generate strong feelings
|Network or single install||Equally suite for home users or institutional users
| Network or single install
| Equally suite for home users or institutional users
|Advanced user features, e.g. stylesheets|| valign="top"|Also suited for power users - e.g. Writer can product complete books
| Advanced user features, e.g. stylesheets
| valign="top" | Also suited for power users - e.g. Writer can product complete books
==Competitor Review==
== Competitor Review ==
This section looks at alternatives to using OpenOffice.org.
===Microsoft Office===
=== Microsoft Office ===
MS-Office is the biggest player in the office suite market. The product’s market dominance is such that any potential competitor has to be able to demonstrate a migration path from and interoperability with MS-Office:
| valign="top"|Migration from MS-Office||requires ability to re-use MS-Office documents<br>must be easy to use by people already familiar with MS-Office
|Interoperability with MS-Office||requires ability to read and write MS-Office documents
| valign="top" | Migration from MS-Office
| requires ability to re-use MS-Office documents<br>must be easy to use by people already familiar with MS-Office
| Interoperability with MS-Office
| requires ability to read and write MS-Office documents
MS-Office has its roots in three quite separate software packages rather than as a single office suite, and there are places where the joins still show.
'''Microsoft Inc'''<br>
'''Microsoft Inc'''<br> Microsoft are a one of the largest corporations in the world with huge financial resources and legendary marketing prowess. Their virtual monopoly of the desktop PC operating system market means they have the resources to make mistakes - e.g. covering losses in the games machine market while they refine their product offering.
Microsoft are a one of the largest corporations in the world with huge financial resources and legendary marketing prowess. Their virtual monopoly of the desktop PC operating system marketi means they have the resources to make mistakes - e.g. covering losses in the games machine market while they refine their product offering.
On the other hand corporations of this size and market dominance make enemies (see box)
<blockquote class="toc">'''Some Reluctant Microsoft Customers'''
*corporations who do not like dealing with monopoly suppliers
*governments who dislike companies with a turnover exceeding their own GNP
*individuals who resent the wealth of prominent Microsoft employees
*trading blocs with open market / anti-monopoly policies
'''Microsoft Office'''<br> MS-Office is sold in a variety of different formats in different markets and at different times. It is also periodically relaunched as an upgraded or enhanced product. As many corporate users sign up for multiyear upgrade contracts, Microsoft has a considerable interest in allowing no more than three years - the maximum length of a multiyear contract - between versions. Microsoft report sales of MS-Office within their ‘Information Worker’ business segment - an over $1,000 million business in 2004. Microsoft recognise three separate revenue streams from the ‘Information Worker’ business segment: original licence sales (approx 40% of total revenues); licence upgrades / maintenance contracts (40%); and software ‘bundled’ with new PCs (about 20%).
'''Editions'''<br> MS-Office is sold in a variety of different editions, with increasing features for increasing cost, for example:
* corporations who do not like dealing with monopoly suppliers
* governments who dislike companies with a turnover exceeding their own GNP
* individuals who resent the wealth of prominent Microsoft employees
* trading blocs with open market / anti-monopoly policies</blockquote>
'''Microsoft Office'''<br>
'''Standard'''
MS-Office is sold in a variety of different formats in different markets and at different times. It is also periodically relaunched as an upgraded or enhanced product. As many corporate users sign up for multiyear upgrade contracts, Microsoft has a considerable interest in allowing no more than three years - the maximum length of a multiyear contract - between versions.
Microsoft report sales of MS-Office within their ‘Information Worker’ business segment - an over $1,000 million business in 2004. Microsoft recognise three separate revenue streams from the ‘Information Worker’ business segment: original licence sales (approx 40% of total revenues); licence upgrades / maintenance contracts (40%); and software ‘bundled’ with new PCs (about 20%).<p>
:*Excel (spreadsheet)
:*Outlook (email client)
:*PowerPoint (presentations)
:*Word (word processor)
'''Editions'''<br>
'''Small Business'''<br> as Standard, plus:
MS-Office is sold in a variety of different editions, with increasing features for increasing cost, for example:</p>
:*Business Contact Manager (for Outlook)
:*Publisher (desktop publisher)
:* Excel (spreadsheet)
'''Professional'''<br> as Business, plus:
:* Outlook (email client)
:* PowerPoint (presentations)
:* Word (word processor)
'''Small Business'''<br>
:*XML support (for Word)
as Standard, plus:
:*Access (database)
:* Business Contact Manager (for Outlook)
In terms of functionality, independent reviews agree there is very little to choose between OpenOffice.org and MS-Office ‘Standard’ for the vast majority of users, although OpenOffice.org lacks the templates, clip-art etc. bundled with MS-Office.
:* Publisher (desktop publisher)
'''Professional'''<br>
'''Platforms and Languages'''<br> MS-Office is available for MS-Windows and also as Microsoft Office for Mac (the Mac editions are slightly different from the MS-Windows editions). MS-Office is available for over 35 localised versions.
as Business, plus:
:* XML support (for Word)
'''Pricing'''<br> Microsoft - theoretically - operates a single price list world wide. However, there are many examples of it offering substantial discounts when forced to do so to safeguard market share, while maintaining the convenient fiction of a single price (see Competitive Position below). Large volume enterprise customers are also offered substantial discountsii, and in many markets ‘educational’ versions are available at substantial discounts.
:* Access (database)
'''Marketing'''<br> Microsoft has a massive marketing budget and promotes its products widely throughout the world and throughout all the different media types. Its estimated advertising spend is between $5,000-$10,000 million per annum. Spend typically peaks towards the launch of new products / re-launch of existing products (e.g. the launch of Windows XP and the Xbox clocked up $1,500 million).
'''Platforms and Languages'''<br>
'''Goals'''<br> Microsoft’s goal is to dominate the office suite market in the same was as it has dominated the desktop operating systems market. Dominating the office suite market does not have quite the same sensitivities as the operating systems market, giving Microsoft more room for manoeuvre without incurring the wrath of competition regulators.
MS-Office is available for MS-Windows and also as Microsoft Office for Mac (the Mac editions are slightly different from the MS-Windows editions). MS-Office is available for over 35 localised versions.
'''Pricing'''<br>
Recently announced development plans for MS-Office suggest that Microsoft is seeking to create closer integration between products within the ‘Information Worker’ product group. This would further increase their competitive ‘lock-in’ and discourage migration away from MS-Office to competitive products.
Microsoft - theoretically - operates a single price list world wide. However, there are many examples of it offering substantial discounts when forced to do so to safeguard market share, while maintaining the convenient fiction of a single price (see Competitive Position below). Large volume enterprise customers are also offered substantial discountsii, and in many markets ‘educational’ versions are available at substantial discounts.
'''Marketing'''<br>
'''Competitive Position'''<br> Microsoft is finding the need to protect its market share from the growth of open-source competition. This has been noticeable at the operating system level, with various ‘knocking’ campaigns against open-source, and most recently (mid 2004) a high-profile campaign to ‘prove’ that open-source is a more expensive computing platform than Microsoft. In at least one country, this campaign fell foul of the national advertising regulatory authority for its blatantly unsupportable claims([[#a20|20]]).
Microsoft has a massive marketing budget and promotes its products widely throughout the world and throughout all the different media types. Its estimated advertising spend is between $5,000-$10,000 million per annum. Spend typically peaks towards the launch of new products / re-launch of existing products (e.g. the launch of Windows XP and the Xbox clocked up $1,500 million).
'''Goals'''<br>
Microsoft has also admitted in a filing to the US Securities and Exchange Commissions that it is prepared to use price cutting to defend market share: “To the extent opens source software gains increasing market acceptance, sales of our products may decline, we may have to reduce the prices we charge for our products, and revenue and operating margins may consequently decline.”([[#a21|21]])
Microsoft’s goal is to dominate the office suite market in the same was as it has dominated the desktop operating systems market. Dominating the office suite market does not have quite the same sensitivities as the operating systems market, giving Microsoft more room for manoeuvre without incurring the wrath of competition regulators.
OpenOffice.org has also had a part to play here, with Microsoft reacting to defend its market position whenever OpenOffice.org has threatened MS-Office’s position:
<blockquote class="toc">'''How Microsoft has responded to competitive threats from OpenOffice.org'''
*after years of inaction, Microsoft has suddenly released new translations of MS-Office in response to OpenOffice.org local language releases([[#a22|22]])
*where OpenOffice.org has proved successful in developing markets, Microsoft has effectively reduced the price of MS-Office with the release of special low cost local editions of MS-Office([[#a23|23]])
=== WordPerfect Office ===
'''Competitive Position'''<br>
WordPerfect Office is owned by Corel, who like Microsoft, has taken separate packages and gradually merged them into an office suite. Corel’s packages consist of a very good word processor (which gives the suite its name), a perfectly respectable spreadsheet, and an alright graphics package([[#f05|v]]). The suite offers similar features to OpenOffice.org (e.g. pdf, html, xml creation), and works hard at providing a smooth migration path from MS-Office with various ‘compatibility’ modes. WordPerfect retains a loyal following in several niche markets, such as the legal profession in several territories.
Microsoft is finding the need to protect its market share from the growth of open-source competition. This has been noticeable at the operating system level, with various ‘knocking’ campaigns against open-source, and most recently (mid 2004) a high-profile campaign to ‘prove’ that open-source is a more expensive computing platform than Microsoft. In at least one country, this campaign fell foul of the national advertising regulatory authority for its blatantly unsupportable claims([[#a20|20]]).
'''Editions'''
*Basic
*WordPerfect (word processor)
*Quattro Pro (spreadsheet)
*Presentations (presentations)
'''Professional and Education'''<br> as above, plus
* after years of inaction, Microsoft has suddenly released new translations of MS-Office in response to OpenOffice.org local language releases([[#a22|22]])
*Paradox (relational database)
* where OpenOffice.org has proved successful in developing markets, Microsoft has effectively reduced the price of MS-Office with the release of special low cost local editions of MS-Office([[#a23|23]])</blockquote>
===WordPerfect Office===
'''Platforms and Languages'''<br> Support in varying degrees for ‘up to 30 languages’. WordPerfect Office is an MS-Windows application, although a ‘proof of concept’ version of WordPerfect for Linux is in beta testing.
[<span id="f05">v</span>] Corel also sells separately a well respected range of graphics products.
=== Lotus SmartSuite ===
* Basic
Lotus SmartSuite is owned by IBM, and sits somewhat uncomfortably among their other Lotus family of products. IBM do not appear to be actively marketing the product, focussing on server-based offerings like Lotus Workplace Documents.
* WordPerfect (word processor)
* Quattro Pro (spreadsheet)
* Presentations (presentations)
'''Professional and Education'''<br>
Lotus SmartSuite features these applications:
as above, plus
* Paradox (relational database)
*1-2-3 (spreadsheet)
*Word Pro (word processor with IBM ViaVoice)
*Organizer (personal information manager)
*Freelance Graphics (presentation graphics package)
*Approach (relational database)
'''Platforms and Languages'''<br> Lotus Smartsuite is available in Global English (sic), French, German, Danish, Dutch, Italian, Spanish, Brazilian Portuguese, Norwegian, Swedish, and Finnish. It is an MS-Windows application (including installation via MSI, the Microsoft Software Installer), plus a legacy version is available for OS/2.
Support in varying degrees for ‘up to 30 languages’. WordPerfect Office is an MS-Windows application, although a ‘proof of concept’ version of WordPerfect for Linux is in beta testing.
=== Other Office Suites ===
===Lotus SmartSuite===
There are a number of other minor products such as Hancom Office, Ability Office, etc, but few which are genuine multi-platform and international and none which command a significant market share.
=== Other Competitors ===
'''Single-function Office Products'''<br> There are also products which may be classed as ‘imperfect competitors’, such as stand alone word-processors, spreadsheets, etc. These are not considered as direct competition in this Plan, although they may offer opportunities for migration of existing users.
* 1-2-3 (spreadsheet)
'''Alternatives to Desktop Office Suites'''<br> It is also worth noting that the benefits provided by office suites can be provided by mechanisms other than the installation of full applications on a PC.
* Word Pro (word processor with IBM ViaVoice)
* Organizer (personal information manager)
* Freelance Graphics (presentation graphics package)
* Approach (relational database)
'''Server based'''<br> There have been a number of attempts to provide office functionality from a central server to thin clients, ranging from dumb terminals, through network PCs/thin clients, to browsers running on PCs. Sun Microsystems has been a keen proponent of network PCs in the pasti, although its enthusiasm seems to have diminished of late. There are rumours IBM may be readying an office suite using this technology - IBM’s new software is designed to be distributed and accessed through a Web serverii. It is not clear whether this is different from their Lotus Workplace Documents product, which offers word processing, spreadsheet, and presentation editors that allow users to edit documents even when the editors with which these documents were originally created are unavailable.
Lotus Smartsuite is available in Global English (sic), French, German, Danish, Dutch, Italian, Spanish, Brazilian Portuguese, Norwegian, Swedish, and Finnish. It is an MS-Windows application (including installation via MSI, the Microsoft Software Installer), plus a legacy version is available for OS/2.
===Other Office Suites===
As of now, these products are aimed at niche markets, and so are not considered further in this Plan.
'''Internet based'''<br> A number of attempts have been made to provide office functionality over the internetiv. It is possible that by 2010 wireless and other technologies may have developed sufficiently for this to be a viable alternative. If this happens, then OpenOffice.org could well form the ‘engine’ behind such a service. However, it is considered too speculative to be considered further in this Plan.
===Other Competitors===
== Market Segmentation ==
'''Single-function Office Products'''<br>
This section of the Plan attempts to identify groups of users who have similar needs for an office productivity product. Those whose needs are most closely matched by the [[#Features_and_Benefits|benefits provided by OpenOffice.org]] will be the most likely candidates for using the product.
There are also products which may be classed as ‘imperfect competitors’, such as stand alone word-processors, spreadsheets, etc. These are not considered as direct competition in this Plan, although they may offer opportunities for migration of existing users.
'''Alternatives to Desktop Office Suites'''<br>
=== Target Markets ===
It is also worth noting that the benefits provided by office suites can be provided by mechanisms other than the installation of full applications on a PC.
'''Server based'''<br>
Selection of target markets is guided by two main criteria:
There have been a number of attempts to provide office functionality from a central server to thin clients, ranging from dumb terminals, through network PCs/thin clients, to browsers running on PCs. Sun Microsystems has been a keen proponent of network PCs in the pasti, although its enthusiasm seems to have diminished of late. There are rumours IBM may be readying an office suite using this technology - IBM’s new software is designed to be distributed and accessed through a Web serverii. It is not clear whether this is different from their Lotus Workplace Documents product, which offers word processing, spreadsheet, and presentation editors that allow users to edit documents even when the editors with which these documents were originally created are unavailable.
:*do the benefits of OpenOffice.org provide a better match to the market’s needs than the competitors?
:*does the market have the characteristics of an adopter of a disruptive innovation (see A Game Plan for Disruptive Marketing)?
'''Internet based'''<br>
This Plan argues that the benefits provided by OpenOffice.org are a particularly good match to the needs of the following target markets:
A number of attempts have been made to provide office functionality over the internetiv. It is possible that by 2010 wireless and other technologies may have developed sufficiently for this to be a viable alternative. If this happens, then OpenOffice.org could well form the ‘engine’ behind such a service. However, it is considered too speculative to be considered further in this Plan.
==Market Segmentation==
:*[[#Governments|governments and public administrations]] (especially in the developing world);
:*[[#Education|Education establishments]] (schools, colleges, universities);
:*[[#Public_Libraries|Public libraries]];
:*[[#SME|Small/Medium Enterprises]] (SMEs);
:*[[#NFP|Not-For-Profits]] (Not-For-Profits – charities, voluntary sector, etc);
:*[[#OEM|OEMs]] - Own Equipment Manufacturers building PCs with pre-*installed software, especially for the low-cost / home end market
:*[[#Linux_Distros|Linux distributions]] looking for an office suite to ‘bundle’
This section of the Plan attempts to identify groups of users who have similar needs for an office productivity product. Those whose needs are most closely matched by the [[#Features and Benefits|benefits provided by OpenOffice.org]] will be the most likely candidates for using the product.
These are the markets where the Community should aim to achieve market domination by the OpenOffice.org branded product.
===Target Markets===
=== Non-target Markets ===
In addition, there are many markets which will be targets for the OpenOffice.org codebase under different branding (such as [[StarOffice]]). For example, multinational corporations would be a more obvious target for a fully commercially supported product like [[StarOffice]] than a community supported product like OpenOffice.org (see [[StarOffice]] and OpenOffice.org). These organisations are more likely to have a heavy investment in competitor products and will require assistance during migration. They will probably also have current volume purchasing agreements in place. These markets would see little benefit in migrating to the OpenOffice.org branded product
:* do the benefits of OpenOffice.org provide a better match to the market’s needs than the competitors?
However, it is also recognised that there will be cases where this simplistic target/non-target split will not apply. For example, ‘Government’ is a target market in the OpenOffice list: however, ‘first world’ governments may prefer dealing with a commercial organisation.
:* does the market have the characteristics of an adopter of a disruptive innovation (see A Game Plan for Disruptive Marketing)?
=== <span id="Government">Government</span> ===
:* [[#Governments|governments and public administrations]] (especially in the developing world);
'''Description of the sector'''<br> Governments at all levels (supra-national; national / federal; regional / state, local) especially in developing countries. Includes Public Administrations.
:* [[#Education|Education establishments]] (schools, colleges, universities);
:* [[#Public Libraries|Public libraries]];
:* [[#SME|Small/Medium Enterprises]] (SMEs);
:* [[#NFP|Not-For-Profits]] (Not-For-Profits – charities, voluntary sector, etc);
:* [[#OEM|OEMs]] - Own Equipment Manufacturers building PCs with pre-*installed software, especially for the low-cost / home end market
:* [[#Linux Distros|Linux distributions]] looking for an office suite to ‘bundle’
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of the government sector:
===Non-target Markets===
In addition, there are many markets which will be targets for the OpenOffice.org codebase under different branding (such as StarOffice). For example, multinational corporations would be a more obvious target for a fully commercially supported product like StarOffice than a community supported product like OpenOffice.org (see StarOffice and OpenOffice.org). These organisations are more likely to have a heavy investment in competitor products and will require assistance during migration. They will probably also have current volume purchasing agreements in place. These markets would see little benefit in migrating to the OpenOffice.org branded product
===<span id="Government">Government</span>===
'''Description of the sector'''<br>
Governments at all levels (supra-national; national / federal; regional / state, local) especially in developing countries. Includes Public Administrations.
'''Needs and Benefits'''<br>
The table below shows how the benefits of OpenOffice.org match the needs of the government sector:
! align="left"|Needs!! align="left"|Benefit
| valign="top"|Must display openness, compliance, and value for money||Effectively free to acquire<br>No licence/compliance hassles<br>Can be given away free
! align="left" | Needs
|Does not want to show partiality towards particular vendors||OpenOffice.org is not ‘owned’ by one commercial organisation
| valign="top" | Must display openness, compliance, and value for money
| Effectively free to acquire<br>No licence/compliance hassles<br>Can be given away free
|Probably a legacy Microsoft user||Easy to migrate
| Does not want to show partiality towards particular vendors
| OpenOffice.org is not ‘owned’ by one commercial organisation
| valign="top"|Need to distribute documents widely||Saves buying Adobe Acrobat<br>What you send is what people receive<br>Issue documents as ‘read only’<br>
| Probably a legacy Microsoft user
| Easy to migrate
|Long term data retention||You own your data - future proof
| valign="top" | Need to distribute documents widely
| Saves buying Adobe Acrobat<br>What you send is what people receive<br>Issue documents as ‘read only’<br>
|Multi-ethnic support||Likely to be available in your language
| Long term data retention
| You own your data - future proof
|Worried about US software companies||No hidden back doors, trojans, etc<br>Monopoly suppliers generate strong feelings
| Multi-ethnic support
| Worried about US software companies
| No hidden back doors, trojans, etc<br>Monopoly suppliers generate strong feelings
'''Routes to Market'''<br>
'''Routes to Market'''<br> Most likely to be receptive to lobbying through local activists, opinion formers, political party members. Requires Community members on the ground and familiar with the market.
Most likely to be receptive to lobbying through local activists, opinion formers, political party members. Requires Community members on the ground and familiar with the market.
'''Special Needs'''<br>
'''Special Needs'''<br> [[StarOffice]] is a realistic alternative in most affluent countries.
StarOffice is a realistic alternative in most affluent countries.
OpenOffice.org’s ease of translation is a strong plus point in multi-lingual communities, especially if the translation can be sponsored by the government body concerned.
===<span id="Education">Education</span>===
=== <span id="Education">Education</span> ===
'''Description of the sector'''<br> Includes all educational establishments: schools, colleges, universities, etc.
Includes all educational establishments: schools, colleges, universities, etc.
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of the education sector:
The table below shows how the benefits of OpenOffice.org match the needs of the education sector:
|Skills taught should be as ‘generic’ as possible and not tied to one vendor’s product|| valign="top"|File and look and feel compatibility with MS-Office
| Skills taught should be as ‘generic’ as possible and not tied to one vendor’s product
| valign="top" | File and look and feel compatibility with MS-Office
|Being able to give away software is a good ‘selling point’ for courses|| valign="top"|OpenOffice.org software can be given away free
| Being able to give away software is a good ‘selling point’ for courses
| valign="top" | OpenOffice.org software can be given away free
|Need to demonstrate value for money||open-source licence means acquisition costs are zero
| Need to demonstrate value for money
| open-source licence means acquisition costs are zero
|Build co-operative skills across the internet||international community with multiple opportunities for participation
| Build co-operative skills across the internet
| international community with multiple opportunities for participation
|Worries about licence compliance / ability to audit PCs||No licence/compliance hassles
| Worries about licence compliance / ability to audit PCs
| No licence/compliance hassles
| valign="top"|Need to give students marketable skills||Similar enough look and feel to MS-Office<br>Easy to exchange documents with MS-Office users<br>Good product to teach/learn: learn once, use anywhere
| valign="top" | Need to give students marketable skills
| Similar enough look and feel to MS-Office<br>Easy to exchange documents with MS-Office users<br>Good product to teach/learn: learn once, use anywhere
|Needs to be available in local languages (could be translated as a community effort)||Likely to be available in your language<br>Easy to translate
| Needs to be available in local languages (could be translated as a community effort)
| Likely to be available in your language<br>Easy to translate
|Needs to be simple to administrate||Network installation available
| Needs to be simple to administrate
| Network installation available
'''Routes to Market'''<br> For state run schools, a two pronged attack has proved successful:
For state run schools, a two pronged attack has proved successful:
:* government via politicians and civil servants
:*government via politicians and civil servants
:* grass roots through the schools themselves.
:*grass roots through the schools themselves.
Each levers the other: governments are more convinced if the grass roots response looks good, grass roots confidence is enhanced by government leadership.
Cisco, Oracle, Microsoft all have Academy programmes they are bringing into schools. Their vulnerability is that they focus on post 16. There is also ECDL/ICDL, but again it’s focussed on older students.
The Project recommends we should aim to get in earlier with 7 and 8 year olds. These children can use OpenOffice.org; there is no need to wait until they are 16. The Project cannot compete head to head with companies with the resources of those above. The Project can be smarter in a market they really don’t understand.
As with all other sectors, there is no substitute for knowing and understanding how the market works, being in tune with the culture and speaking the language of the culture.
'''Special Needs'''
:* an Access style database
:*an Access style database
:* there is a lot of content and support material for MS-Office and very little for OpenOffice.org
:*there is a lot of content and support material for MS-Office and very little for OpenOffice.org
:* difficulty in network installations on Windows XP
:*difficulty in network installations on Windows XP
:* lack of brand awareness, confusion between StarOffice (which is available free under Sun’s Educational Licencing scheme([[#a28|28]]).
:*lack of brand awareness, confusion between [[StarOffice]] (which is available free under Sun’s Educational Licencing scheme([[#a28|28]]).
===<span id="Public Libraries">Public Libraries</span>===
=== <span id="Public_Libraries">Public Libraries</span> ===
'''Description of the sector'''<br> Lending libraries, both privately and publicly funded. Small libraries with no budget and teaching facilities are likely to be more receptive in the early stages rather than big libraries that are used to big donations. All libraries are in scope, including school libraries, voluntary organisations, teaching hospitals, community colleges, etc.
Lending libraries, both privately and publicly funded. Small libraries with no budget and teaching facilities are likely to be more receptive in the early stages rather than big libraries that are used to big donations. All libraries are in scope, including school libraries, voluntary organisations, teaching hospitals, community colleges, etc.
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of the public library sector:
The table below shows how the benefits of OpenOffice.org match the needs of the public library sector:
| valign="top"|Value for money||No licence fees to pay for installation or upgrade<br>No licence/compliance hassles<br>Can be given away free
| valign="top"|Need to be compatible with MS-Office||Easy to exchange documents with MS-Office users<br>Operations are similar enough to make migration easy
| valign="top" | Value for money
| No licence fees to pay for installation or upgrade<br>No licence/compliance hassles<br>Can be given away free
|Should be able to loan software to the greatest number of users|| valign="top"|Available on many platforms
| valign="top" | Need to be compatible with MS-Office
| Easy to exchange documents with MS-Office users<br>Operations are similar enough to make migration easy
|Multi-lingual features useful||Likely to be available in your language
| Should be able to loan software to the greatest number of users
| valign="top" | Available on many platforms
| Multi-lingual features useful
'''Routes to Market'''<br> Bob Kerr has written a comprehensive HOW-TO([[#a29|29]]), based on his experience of persuading the public libraries in Edinburgh, Scotland to stock OpenOffice.org CDs. This is a model case study in exploring the needs of a market, developing an understanding of the customer’s perspective, and tailoring a solution that is acceptable to them. Some of Bob’s key points are summarised and paraphrased in the box below.
Bob Kerr has written a comprehensive HOW-TO([[#a29|29]]), based on his experience of persuading the public libraries in Edinburgh, Scotland to stock OpenOffice.org CDs. This is a model case study in exploring the needs of a market, developing an understanding of the customer’s perspective, and tailoring a solution that is acceptable to them. Some of Bob’s key points are summarised and paraphrased in the box below.
<blockquote>'''Supplying Public Libraries'''
*Trust: you have to persuade the library you are a credible source
*Liability: libraries worry about incurring liability for *technical support, viruses, copyright issues, replacement media, etc.
*Longevity - the library has to be convinced of that it is worth their time and effort to stock the CD and that it is ‘borrower-proof’
*Preconceptions: just like other markets, libraries also need convincing “how can software this good be free”
Bob’s document is a model of its type and is recommended reading in full for all Project members, especially MarCons. '''Special Needs'''<br> Again, the box below is a poor summary of recommendations in Bob Kerr’s HOW-TO:
<blockquote>'''Producing open-source CDs for Public Lending Libraries'''
*Where possible the CD cover should follow the guidelines set out in the ISBN Users Manual published by The International Standard Book Number System Agency, (International Edition).
*On the cover of the CD there should be a clearly printed disclaimer covering support, liability, etc
*All CDs must be pressed or high quality CDs and not CDR or CDRW, preferably in DVD covers
*The library cannot endorse any product. Advertising on the cover to an unconnected third party is not acceptable.
*A valid and respected vendor of replacement pressed CDs should be made known to the Library.
*Only major releases will be considered for the library catalogue.
=== <span id="NFP">NFP's</span> ===
'''Description of the sector'''<br> Organisations run on non-commercial status: charities, voluntary organisations, non-governmental organisations, and so on. The size of this sector often comes as a surprise to people used to dealing with commercial organisations - e.g. there are 700,000 registered NFPs in Australia.
* Trust: you have to persuade the library you are a credible source
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of the NFP sector:
* Liability: libraries worry about incurring liability for *technical support, viruses, copyright issues, replacement media, etc.
* Longevity - the library has to be convinced of that it is worth their time and effort to stock the CD and that it is ‘borrower-proof’
* Preconceptions: just like other markets, libraries also need convincing “how can software this good be free”</blockquote>
Bob’s document is a model of its type and is recommended reading in full for all Project members, especially MarCons.
| Need to minimise costs
| No licence fees to pay for installation or upgrade
| Cannot afford licence issues / audits
| Useful to be able to share with volunteers
| Can be given away free
| Probably legacy MS-Office users
| Need to be compatible with MS-Office users
| Easy to exchange documents with MS-Office users
| Cannot afford re-training
| Cannot afford vendor-enforced upgrades
| File format cannot be ‘time-expired’ by a vendor
| May need to operate in multiple, possibly local minority languages
'''Routes to Market'''<br> NFPs can often be reached via funding bodies, digital divide bodies, and circuit riders (volunteers providing IT support for NFPs)([[#a30|30]]).
Again, the box below is a poor summary of recommendations in Bob Kerr’s HOW-TO:
'''Special Needs'''<br> Like SMEs, many NFPs have minimal in-house IT expertise and require easy-to-use products. However, they are used to the idea of community working and are more receptive to community support.
* Where possible the CD cover should follow the guidelines set out in the ISBN Users Manual published by The International Standard Book Number System Agency, (International Edition).
=== <span id="SME">SME's</span> ===
* On the cover of the CD there should be a clearly printed disclaimer covering support, liability, etc
* All CDs must be pressed or high quality CDs and not CDR or CDRW, preferably in DVD covers
* The library cannot endorse any product. Advertising on the cover to an unconnected third party is not acceptable.
* A valid and respected vendor of replacement pressed CDs should be made known to the Library.
* Only major releases will be considered for the library catalogue. </blockquote>
===<span id="NFP">NFP's</span>===
'''Description of the sector'''<br> Variously known as Small-Medium Enterprises (SMEs), Small Medium Businesses (SMBs), this sector also has a wide variety of definitions, but also is a highly significant sector of most countries’ economies (43% of GDP in South Africa([[#a31|31]]); 49% of the workforce in Australia, etc).
This sector is attractive to open-source marketeers as it is both price-sensitive and below the threshold for most COTS volume purchase agreements.
Organisations run on non-commercial status: charities, voluntary organisations, non-governmental organisations, and so on. The size of this sector often comes as a surprise to people used to dealing with commercial organisations - e.g. there are 700,000 registered NFPs in Australia.
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of the SME sector:
The table below shows how the benefits of OpenOffice.org match the needs of the NFP sector:
|Need to minimise costs||No licence fees to pay for installation or upgrade
| Cannot afford licence compliance issues / audits
| Useful for employees to be able to use at home
|Cannot afford licence issues / audits||No licence/compliance hassles
| Need to exchange documents with MS-Office users
|Useful to be able to share with volunteers||Can be given away free
| Don’t want to have to retrain staff
|Probably legacy MS-Office users||Easy to migrate
| align="top" | Ability to send documents via email as pdfs is useful
| Saves buying Adobe Acrobat<br>What you send is what people receive<br>Issue documents as ‘read only’
|Need to be compatible with MS-Office users||Easy to exchange documents with MS-Office users
| Don’t want to be forced by vendors to upgrade
|Cannot afford re-training||Operations are similar enough to make migration easy
| Trouble-free operation essential
|Cannot afford vendor-enforced upgrades||File format cannot be ‘time-expired’ by a vendor
| valign="top" | Needs to be in the local language
|May need to operate in multiple, possibly local minority languages||Likely to be available in your language<br>Easy to translate
| May be tempted by full commercial support
| Same code available commercially
'''Routes to Market'''<br> Local business development agencies; education establishments providing ‘start your own business’ courses; SME networking organisations.
NFPs can often be reached via funding bodies, digital divide bodies, and circuit riders (volunteers providing IT support for NFPs)([[#a30|30]]).
'''Special Needs'''<br> A rule of thumb is that the threshold for employing full-time IT professional is around 30 users. This means that many SMEs do not have the IT specialists to tap the standard open-source support networks of on-line mailing lists, support forums, etc. OpenOffice.org is technically a much simpler product to support than say an open-source file, print, and mail server, but availability of local rapid support even on a commercial basis can be key to winning business - especially if help is needed with data migration from another product.
Like SMEs, many NFPs have minimal in-house IT expertise and require easy-to-use products. However, they are used to the idea of community working and are more receptive to community support.
===<span id="SME">SME's</span>===
Legacy software issues are also key here, for example if an SME has an accounting package with macro links to Excel.
=== <span id="OEM">OEM's</span> ===
Variously known as Small-Medium Enterprises (SMEs), Small Medium Businesses (SMBs), this sector also has a wide variety of definitions, but also is a highly significant sector of most countries’ economies (43% of GDP in South Africa([[#a31|31]]); 49% of the workforce in Australia, etc).
'''Description of the sector'''<br> PC manufacturers / builders supplying PCs with pre-installed software ‘bundles’
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of the OEM sector
The table below shows how the benefits of OpenOffice.org match the needs of the SME sector:
|Cannot afford licence compliance issues / audits||No licence/compliance hassles
| valign="top" | Deliver the best PC ‘bundle’ at the lowest cost
|Useful for employees to be able to use at home||Can be given away free
| valign="top" | Potential purchasers may be legacy MS-Office users
| Easy to migrate<br>Easy to exchange documents with MS-Office users<br>Operations are similar enough to make migration easy
| Any value-added features add to attractiveness of product, e.g. ability to create pdfs
| valign="top" | Saves buying Adobe Acrobat
|Need to exchange documents with MS-Office users||Easy to exchange documents with MS-Office users
| Don’t want support issues
|Don’t want to have to retrain staff||Operations are similar enough to make migration easy
| Needs to be available in local language
| align="top"|Ability to send documents via email as pdfs is useful||Saves buying Adobe Acrobat<br>What you send is what people receive<br>Issue documents as ‘read only’
| Avoid cumbersome licencing terms
'''Routes to Market'''<br> The largest OEMs of PCs currently enjoy close relationships with Microsoft - indeed, the relationship is so close that it was legally constrained in the US courts under Judge Thomas Penfold Jackson’s judgement in a Microsoft anti-trust case([[#a32|32]]). Unfortunately, this judgement did not cover office software.
Applying disruptive marketing rules, OpenOffice.org is likely to find greater acceptance among OEMs aspiring to usurp the likes of Dell etc rather than among the current ‘top 20’.
'''Special Needs'''<br> Ease of installation is seen as key to this sector - OpenOffice.org needs to equal Microsoft’s OEM Pre-Installation Kits (OPK) in ease-of-use for OEMs.
=== <span id="Linux_Distros">Linux Distributions</span> ===
'''Description of the sector'''<br> Linux([[#f06|vi]]) is increasingly being recognised by mainstream IT pundits as ‘ready for deployment on the desktop’. OpenOffice.org is currently the only fully-featured office suite available for this platform.
Linux users also tend to be familiar with the way the open-source community operates. Software professionals using Linux are also an important potential source of developers for OpenOffice.org.
'''Needs and Benefits'''<br> The table below shows how the benefits of OpenOffice.org match the needs of open-source advocates:
|Don’t want to be forced by vendors to upgrade||File format cannot be ‘time-expired’ by a vendor
! align="left" | Need
|Trouble-free operation essential||Stable product, less liable to crash
| Must meet community’s open-source definitions
| valign="top" | LGPL licence; Uses OASIS approved OpenDocument file formats
| valign="top"|Needs to be in the local language||Likely to be available in your language<br>Easy to translate
| valign="top" | Need access to source
| Source code freely available<br>Individuals or companies can contribute directly to product development or supplying a missing feature<br>Can be included in other software
|May be tempted by full commercial support||Same code available commercially
| Reliable, fully-featured product
| May wish to join in Community activities
| Must not be Microsoft
'''Routes to Market'''<br> To date, most major Linux distributions have been happy to accept the OpenOffice.org source and include it in their distributions. Special Needs Many distributions have a policy of compiling direct from source code. With OpenOffice.org, this is not a straightforward process.
Local business development agencies; education establishments providing ‘start your own business’ courses; SME networking organisations.
Different distributions have different packaging formats (.deb, .rpm, etc). Building binaries in all these formats can slow down the release process and also increases the storage requirements on download mirrors etc.
A rule of thumb is that the threshold for employing full-time IT professional is around 30 users. This means that many SMEs do not have the IT specialists to tap the standard open-source support networks of on-line mailing lists, support forums, etc. OpenOffice.org is technically a much simpler product to support than say an open-source file, print, and mail server, but availability of local rapid support even on a commercial basis can be key to winning business - especially if help is needed with data migration from another product.
Some distributions refuse to include any non open-source dependencies in their distributions. As OpenOffice.org is not certified with an open-source Java runtime, this has led to some distributions disabling the parts of OpenOffice.org which require a JRE.
===<span id="OEM">OEM's</span>===
Similarly, most major distributions have automated build processes, which means they require sources in an easily accessible form from the OpenOffice.org developers rather than pre-compiled binaries.
([[#f06|vi]]) more accurately, ''GNU/Linux''
PC manufacturers / builders supplying PCs with pre-installed software ‘bundles’
== <span id="External_Environment">Review of the External Environment</span> ==
The table below shows how the benefits of OpenOffice.org match the needs of the OEM sector
This section of the Plan looks at trends in the outside world which could impact OpenOffice.org and the Community using the common Social, Technological, Environment, and Political (STEP) model([[#a33|33]]). These factors can constitute either threats or opportunities (or in some cases both) to OpenOffice.org and/or the Community.
=== Social and Cultural Environment ===
Social factors include the demographics and cultural factors which affect customer needs and the size of potential markets. Some social factors include:
:*the world’s biggest potential markets (e.g. China) are showing a keen interest in open-source software([[#a34|34]])
:*the open-source community continues to generate other high quality, cross-platform, multi-lingual software products
:*the cost of providing local language support for increasing numbers of smaller markets cannot be justified by conventional commercial software houses
:*PC users increasingly expect PCs to have office software installed at the time of purchase
:*the average user’s need for office software is being met comfortably by the features of current products
:*as email and web browsing become commonplace in offices, users will expect these applications to be included in the definition of an ‘office suite’
:*people are becoming more comfortable with the concept of online communities as ways of working and co-operating around the world
:*in many territories, women are an ‘emerging market’ for IT/internet. Women appear to be more open to talking about the community surrounding open-source software. This is particularly true if they have children who are interested in computers, and have concerns about employment for older children
:*there is a tendency for employers to specify (e.g.) must have MS-Word skills rather than must have word processing skills which may deter potential users
=== Technological Environment ===
OpenOffice.org can be expected to benefit as the concept of open-source software becomes more widely understood and accepted. Development of the internet infrastructure will make access to the software easier and open up new possibilities for involvement in online communities
:*the Microsoft monoculture is raising an awareness of the danger of viruses
:*as Linux becomes mainstream other open-source products like OpenOffice.org will become more acceptable
:*[http://www.theregister.co.uk/2006/04/19/global_broadband/ spread of broadband] makes it easier for users to download the product, access web-based support and participate in Community activities
:*the cost of producing CDs is declining steadily enabling cheap distribution of OpenOffice.org
:*the sheer quantity of code (7.5 million lines) in OpenOffice.org constitutes a formidable barrier to entry for new competitors
:*web services may evolve to provide radically new ways of satisfying the user needs which are currently met by desktop office suites
:*with the spread of broadband and the internet generally, users may find other ways to access office functionality (e.g. from a server via a browser)
=== Economic Environment ===
As office software becomes an increasingly mature market, price becomes increasingly important as customers treat the product as a commodity([[#a35|35]])
:*the price of software is becoming an increasing percentage of the purchase price of new computers
:*there is an embarrassment factor that two of the world’s richest top ten individuals owe their wealth to Microsoft
:*conventional software licence fees are unaffordable in many parts of the developing world
:*the free licence simplifies the spread of OpenOffice.org across country, trading bloc, or tariff barriers
:*Small/Medium Enterprises (SMEs) are an increasingly important sector in developed economies([[#a36|36]])
:*Sun Microsystems may lose the ability or desire to fund non-revenue generating activities such as the Community
=== Political and Legal Environment ===
Increasing worries about the role of the US in the world and distrust of multinational corporations may be expected to help the spread of open-source software. The increasingly aggressive pursuit of IPR by large corporations is designed to cause FUD (Fear, Uncertainty, and Doubt) among potential open-source users and contributors, but equally may prove counter productive as the awareness of open-source grows.
:*9/11 effect - companies and governments less liable to trust their computer systems and data to US corporations post Afghanistan and post Iraq
:*open-source software allows developing countries to take greater control over their systems and not have to rely on the good intentions of a large, foreign company.
:*open-source offers an opportunity for countries to grow computer skills among their own workforce
:*environmental regulations are increasing pressure to prolong the life of computer equipment in markets like the EU
:*steady trickle of bad publicity from EU and US court cases is tarnishing the reputation of Microsoft the monopolist
:*licence violations, patents, and other IPR issues are being pursued with increasing severity
:*there is believed to be a high volume of unlicenced software in use, even in ‘developed’ markets (e.g. around 30% of business users in Australia([[#a37|37]])
:*the US Patent Office is granting patents to corporations who can afford to submit applications even if they blatantly fail the ‘prior art’ criteria([[#a38|38]])
== SWOT ==
This section provides a Strengths, Weaknesses, Opportunities, and Threats (SWOT) analysis, listing the
:*internal strengths and weaknesses of the Community and OpenOffice.org; and
:*opportunities and threats faced by OpenOffice.org due to the changes in the external environment (see [[#External_Environment|Review of the External Environment]])
=== SWOT Analysis ===
'''Strengths'''
The Community and OpenOffice.org benefit from the following internal resources and capabilities:
:*OpenOffice.org is released under an open-source licence meaning it is free to acquire and distribute.
:*OpenOffice.org is targetted towards offering budget constraint consumers from an alternative form of software without resorting to holding pirated office suite softwares.
:*The licencing structure means OpenOffice.org can benefit from Community involvement.
:*Backing from Sun Microsystems means there is a dedicated professional development team and other support for the Community and product.
:*The Community has an active and enthusiastic membership, especially in the native language projects.
:*OpenOffice.org’s origins as a single product has created a tightly-integrated product suite.
:*OpenOffice.org has no competitor with comparable functionality in several platforms / languages.
:*The functionality provided by OpenOffice.org is comparable to the market-leading product.
:*OpenOffice.org has proved easy to translate into different languages.
:*OpenOffice.org uses open file formats natively within the product and is an active player in the OASIS standards work.
:*OpenOffice.org offers good file compatibility with other common office products.
'''Weaknesses'''
The Community needs to be wary of the following internal issues.
:*The OpenOffice.org source code is released under an open-source licence meaning it can be incorporated into other products within the restrictions of the licence.
:*The dependence on Sun causes suspicion among some potential Community supporters in the open-source world.
:*The Community is immature in governance and organisation.
:*The Community has no self-generated finances.
:*Lack of a professional management (especially project management) structure means that the enthusiasm of volunteers within the Community is not always harnessed effectively.
:*The size of the codebase makes it difficult for new hackers to master.
:*The OpenOffice.org brand name is confusing (it sounds like a website).
:*OpenOffice.org does not include/lacks integration with other software (e.g. email, web browser).
:*OpenOffice.org does not have macro or Basic compatibility with MS-Office which can hinder the migration of ‘power users’.
:*Some new functions in OpenOffice.org are being written in Java, requiring a Java Runtime Environment (JRE) on the user’s PC.
:*The constraints of working cross-platform can make for a less than perfect ‘fit’ to individual platforms.
:*The generic cross-platform OpenOffice.org installer is not as easy to use as native platform installers.
:*OpenOffice.org lacks end user ‘extras’ such as hard copy manuals, templates, clipart, etc.
:*OpenOffice.org does not come in an OEM pre-installation kit for PC suppliers.
:*OpenOffice.org does not have a visible local support structure which is often claimed to be essential for the SME market.
:*For many MS-Windows users, open-source is synonymous with Linux, meaning they do not realise OpenOffice.org is also available for their platform.
:*As a full-featured office suite, OpenOffice.org has a heavy ‘footprint’ (especially with a JRE), making it less suitable for the currently ‘under-served’ users who would be a natural target for disruptive technology marketing.
'''Opportunities'''
The following external factors provide opportunities for OpenOffice.org.
:*The adoption of Linux is encouraging people to think more about open-source.
:*The open-source movement is showing healthy growth world wide.
:*There is a range of cross-platform, multi-lingual, open-source software available for potential bundling opportunities with OpenOffice.org (email clients, web browsers, databases, groupware, etc).
:*The arrival of the Microsoft’s XP range of products is forcing users onto another round of upgrades.
:*Microsoft’s increasing efforts in licence enforcement encourage users to seek alternatives - especially users without valid licences.
:*The proliferation of viruses etc targeted at Microsoft software is encouraging users to look at alternatives.
:*PCs are now becoming widespread in countries where MS-Office licences are simply unaffordable[39].
:*The lack of hard-copy manuals makes OpenOffice.org an attractive target for third-party technical authors.
'''Threats'''
The following external factors constitute potential threats to OpenOffice.org.
:*The Community is highly dependent on Sun Microsystems who have not been noted for software in the past.
:*The presence of two products in the marketplace using the same codebase causes confusion (OpenOffice.org and [[StarOffice]]).
:*The open-source licence regime means anyone can rebrand and redistribute the code under a new name.
:*The office productivity suite marketplace is totally dominated by Microsoft with its MS-Office range of products.
:*Microsoft can set de-facto industry standards in areas such as look and feel, file formats.
:*Microsoft can afford to target specific markets with low cost variants of MS-Office.
:*Microsoft can use its virtual monopoly of the desktop operating system market to facilitate other products such as MS-Office.
:*Microsoft’s roadmap for MS-Office shows closer integration with other Microsoft products, making migration more difficult.
:*Developments in patent legislation are creating a climate of ‘FUD’ around open-source.
:*Users are expecting ‘office suites’ to include internet software - email, web browser, possibly calendaring.
=== SWOT Recommendations ===
'''Introduction'''<br> Matching internal strengths and weaknesses to external threats and opportunities gives four classes of strategic recommendations for the Community:
| valign="top"|Deliver the best PC ‘bundle’ at the lowest cost||No licence fees to pay for installation or upgrade<br>No licence/compliance hassles<br>Can be given away free
| <br>
| '''Strengths'''
| '''Weaknesses'''
| valign="top"|Potential purchasers may be legacy MS-Office users||Easy to migrate<br>Easy to exchange documents with MS-Office users<br>Operations are similar enough to make migration easy
| valign="top" | '''Opportunities'''
| '''O-S''': No-brainers where OpenOffice.org’s internal strengths are a clear fit with external opportunities
| '''O-W''': Areas where OpenOffice.org needs to make special efforts to meet external opportunities
|Any value-added features add to attractiveness of product, e.g. ability to create pdfs|| valign="top"|Saves buying Adobe Acrobat
| valign="top" | '''Threats'''
| '''T-S''': Areas where OpenOffice.org is well equipped to defend its market against external threats
| '''T-W''': Areas where OpenOffice.org’s weaknesses make it more vulnerable to external threats.
'''O-S recommendations'''
:*OpenOffice.org should capitalise on its position as the only fully-functioned, integrated open-source office productivity suite in the Linux market.
:*The Community should build a centre of expertise in native-language deployment, creating a ‘best practice’ process which can be deployed for new languages.
:*The Project should plan promotional activities specifically targeted at users faced with an enforced upgrade from Microsoft. The message should stress the similarity of look and feel, ability to read MS-Office file formats, and additional benefits over MS-Office (e.g. tighter integration).
:*The Project should plan promotional activities specifically targeted at users worried about being caught with ‘pirate’ copies of MS-Office. The message should stress the similarity of look and feel, ability to read MS-Office file formats, additional benefits over MS-Office (e.g. tighter integration), and the guaranteed open-source licence.
:*The Project is ideally placed to target ‘current non-consumers’ - a classic market for adopting a disruptive technology.
'''O-W recommendations'''
:*The Community should improve the packaging of OpenOffice.org to make it easier for MS-Windows users to migrate to OpenOffice.org than to upgrade to MS-Office XP.
:*The Community should continue to address reported bugs in MS-Office compatibility.
:*The Community should address the issue of support for MS-Office macro / Basic.
:*the Project needs to communicate that OpenOffice.org is for MS-Windows users too.
:*OpenOffice.org needs to develop an OEM pre-installation kit for PC suppliers.
:*The Community should work with the open-source community to develop clip-art, templates, etc.
:*The Community should produce ‘native’ Linux versions (rpms, debs, etc).
:*The Community should produce ‘native’ Mac OS X versions reducing reliance on the X11 interface.
:*The Community should produce a ‘Java free’ version to reduce demands on the desktop and give greater acceptability to Linux distributions (until Java is open-sourced[40]).
:*The Community should prioritise size reduction / performance enhancements (or possibly an ‘OOoLite’) for low specification PCs.
:*The Community could produce OOoLite with optional enhancements/plugins to be added by the user.
'''T-S recommendations'''
:*The Community should put significant effort into understanding Sun’s goals for [[StarOffice]] and OpenOffice.org, and selling the benefits to Sun of their continuing support of the Community.
:*The Community should supply community-developed translations etc for [[StarOffice]].
:*The Community should produce significant collateral to demonstrate and aid ease of migration for MS-Office users.
:*The Community should respond to Microsoft ‘bargain basement’ variants of MS-Office by stressing the full-function/open-source attributes of OpenOffice.org.
'''T-W recommendations'''
:*The Community should seek to strengthen its governance and management so it is capable of becoming self-sufficient.
:*The Community should work to build understanding of the codebase in the open-source development community.
:*The Project needs to maintain clear documentation on the [[StarOffice]] vs OpenOffice.org questions.
:*The Community needs to address OpenOffice.org users' needs for email, web browsing, etc. functionality
== Goals and Objectives ==
=== Usage Goals ===
'''Target 2010'''<br> The Community’s goal is that OpenOffice.org becomes the product of choice for users of office software, on any major platform in any language. However, it is recognised that office suites are a mature product, and so users with a product currently installed on their PCs will probably be quite comfortable with it.
The decision to choose OpenOffice.org is most likely to be exercised at specific ‘trigger points’ in users’ decision-making:
:*users who have not yet selected/installed an office suite (including those acquiring a new PC) and realise they have a need for one
:*users of single function applications looking for additional functionality (e.g. word processor users who find they also need a spreadsheet)
:*users who have unlicenced (‘pirate’) editions of commercial software
:*users who are facing an enforced ‘end-of-life’ upgrade for their current product
The Community’s goal is for OpenOffice to be the product of choice at these trigger points, reaching a 50% selection rate by 2010:
{| width="60%"
| '''Year'''
| align="center" | 2003
| '''Rate'''
| align="center" | 1%
| align="center" | 10%
Today, there are estimated to be around 600 million PCs in use; by 2010, the number could be over 1,000 million([[#a41|41]]); Based on these figures and a 50% selection rate by 2010, OpenOffice.org’s target is to be installed on over 400 million desktops by the end of 2010, a market share of over 40%:
[[Image:Fig 0.png]]
'''Measuring Progress'''<br> Unlike commercial organisations, OpenOffice.org cannot measure sales directly. The variety of distribution channels (see [[#Distribution|Distribution]]) means that an accurate count of installations is also impractical - for example, an increasingly successful policy of encouraging mirroring will reduce the number of downloads measured from the OpenOffice.org site. With an open-source policy, it is also impossible to enforce compulsory user registration (even if that was deemed desirable by the Community).
Currently, the Community Statistics Project is maintaining what statistics it can for downloads, registrations, etc. It is hoped that with time trends can be spotted and conclusions drawn. Possibly the Project may be in a position to commission research by the end of the Plan period.
In the meantime, statistics are being collected in the [[Market Share Analysis]].
However, if the Community’s usage goals are being met, OpenOffice.org should be featured increasingly in independent surveys of the office suite market, press coverage, etc. There are some examples of this already in North American studies: the SME Market (6% market share July 2003)([[#a42|42]]), and the large business market (8% March 2004)([[#a43|43]]).
=== Marketing Objectives ===
In order to reach the usage goals, the Project believes the following marketing objectives must be achieved:
:*OpenOffice.org must have achieved global brand awareness
:*OpenOffice.org must be available for any desktop platform with more than a 10% global market share
:*OpenOffice.org must be available in every language used by more than 10% of computer users
:*OpenOffice.org must be available to 90% of computer users for less than one hour’s local average wages
:*OpenOffice.org must be a component of every general purpose Linux distribution
In terms of the product acceptance curve, OpenOffice.org users currently fall between the innovators and early adopters.
By 2010, OpenOffice.org must have broken through into the majority users in order to meet its overall sales targets.
Correctly identifying the maturity of a target market is important if promotion activities are to be successful.
=== Marketing Project ===
The detailed strategic proposals to achieve these objectives are given below. Responsibility for implementing the proposals will be with the various members of the Project as below:
'''Project Leads'''<br> Own the process for creating and maintaining the Strategic Marketing Plan. Responsible for issuing central press releases; maintaining the Project pages on the OpenOffice.org website and the central library of collateral (English language); recruitment of and liaison with MarCons; recruitment of and liaison with Observers to work on central resources; liaison with other Community projects and the Community Council.
'''Marketing Contacts (MarCons)'''<br> Responsible for participating in creating central resources and then adapting them to their own geographies/markets - translations, local market intelligence and promotion; distribution channels to their geography/market; named contacts for local/specialist press enquiries about OpenOffice.org, the Project, or the Community in any press releases; feedback local market information to the Project Leads; liaison with any Native Language projects key to their areas.
<blockquote>'''What do MarCons do?''' A MarCon:
:*is available and responds readily to individuals and organisations that contact them with regard to OpenOffice.org.
:*liaises with the Marketing Project Leads in representing, and coordinating relationships with OpenOffice.org.
:*conducts research and is aware of OpenOffice.org marketing opportunities in their area, e.g. potential users, conferences for OpenOffice.org to attend etc.
:*distributes OpenOffice.org press releases if applicable to their region.
:*conducts presentations and seminars if requested.
:*shares ideas, thoughts, plans, what has worked and not worked with OpenOffice.org.
:*uses the OpenOffice.org Marketing Project as a resource and requests assistance and ideas to assist them to market OpenOffice.org in their region.
:*joins the Marketing Project and offers their specialist skills to contribute to the goals and activities of the Project.
:*subscribes to or monitors dev@marketing.openoffice.org and com@native-lang.openoffice.org.
The relationship between the MarCons and the Project Leads is illustrated in Figure 2 below, which shows how both parties co-operate in producing a Strategic Marketing Plan (this document) which forms the starting point for a Market Plan for the target market.
Applying this process to the creation of central resources such as promotional materials prevents duplication of work and ensures a consistency of message.
'''Marketing Project Observers'''<br>
The title ‘Observer’ comes from the name of a role in the SourceCast software used by the Community’s web site. ‘Observers’ do much more than ‘observe’ - they are full participants in all Marketing discussion groups and on-line activities and are the front line troops in Project activities.
Specific responsibilities: providing specialist skills (market research, competitor intelligence, graphics, copywriting, translating...); working either on central (Project Lead) or local (MarCon) marketing activities; fundamental resource for the promotion of OpenOffice.org.
'''The Marketing Project and the N-L Projects'''<br>
The Native-Language (N-L) Projects have proved to be one of the most successful developments within the Community. In the early days of N-L, there was a naive view that all the real work of the Community would take place in projects like Marketing, and the N-L Projects would simply go off and translate this (and OpenOffice.org) into other languages.
However, the more developed N-L Projects are evolving into microcosms of the full Community, providing user support, documentation, product development, localised marketing, etc. Indeed, taken as a whole, there is arguably more marketing work taking place within all the N-L Projects than in the central Marketing Project.
This is a healthy development; the challenge for the Project Leads is to ensure the marketing expertise, collateral, etc being produced within a specific NL-Project is fed back into the central Marketing Project. It can then be spread back out into other NL-Projects on a ‘hub and spoke’ arrangement (see Figure 3 below):
The Project retains a leadership role: the Project needs to be able to drive the global marketing effort. N-L marketing should follow unless it is felt that local conditions do not comply with the global vision.
Producing this Strategic Marketing Plan is a key part of developing, documenting, and communicating this global vision.
== Strategic Proposals ==
=== Community ===
'''Governance'''
This Plan is concerned primarily with the Marketing activities of the Community. However, the Plan needs to be adopted by the whole Community if it is to be implemented. For example, the proposals concerning the website require cross-project (and possibly cross Sun/Community) decision making capability.
For this reason, the Plan will be presented by the Project to the Community Council for ratification before the proposals below are adopted.
=== Product ===
'''Brand name'''
|Don’t want support issues||Stable product, less liable to crash
| ''Revisit the OpenOffice.org brand name and relationship to rebranded COTS variants [[StarOffice]], Novell Office, AOL Office, etc''
| ''1.1''
|Needs to be available in local language||Likely to be available in your language
| ''Encourage all producers of software using the OpenOffice.org codebase to display ‘OpenOffice.org inside’ style branding.''
|Avoid cumbersome licencing terms||Not Microsoft
| ''If any of these producers have strong brands of their own, leverage these to reinforce OpenOffice.org (especially in the early years of the Plan)''
'''Brand values'''
The largest OEMs of PCs currently enjoy close relationships with Microsoft - indeed, the relationship is so close that it was legally constrained in the US courts under Judge Thomas Penfold Jackson’s judgement in a Microsoft anti-trust case([[#a32|32]]). Unfortunately, this judgement did not cover office software.
| width="100%" | ''Develop brand values:''
:*Openness (value for money, multi-lingual, multi-platform, open file format, open source)
Ease of installation is seen as key to this sector - OpenOffice.org needs to equal Microsoft’s OEM Pre-Installation Kits (OPK) in ease-of-use for OEMs.
:*Quality (stable, reliable, well-established, virus resistant)
:*Friendly (familiar user interface, legacy file compatibility, community based)
===<span id="Linux Distros">Linux Distributions</span>===
'''Quality'''
Linux([[#f06|vi]]) is increasingly being recognised by mainstream IT pundits as ‘ready for deployment on the desktop’. OpenOffice.org is currently the only fully-featured office suite available for this platform.
| ''Work closely with the QA project to prioritise / ensure valid bugs are squashed and report as a ‘good news’ item''
| ''Continue to identify and address any shortcomings in MS-Office compatibility as long as these file formats predominate in the marketplace.''
'''Product Development'''
The table below shows how the benefits of OpenOffice.org match the needs of open-source advocates:
| ''Set strategic direction for what the leading office suite should contain by 2010, and investigate OpenOffice.org variants (e.g. OOo Professional)''
| ''Look at adding complementary components to OpenOffice.org through interworking with complementary open-source products which share our brand values for:''
:*database
:*calendaring
! align="left"|Need!! align="left"|Benefit
|Must meet community’s open-source definitions|| valign="top"|LGPL licence; OASIS member for XML file formats
| ''The Community should work with the open-source community to develop clip-art, templates, etc and integrate them into the OpenOffice.org product.''
| valign="top"|Need access to source||Source code freely available<br>Individuals or companies can contribute directly to product development or supplying a missing feature<br>Can be included in other software
| ''the Community look at providing ‘OOoLite’ functionality for low specification PCs. Possible approaches include ‘stripping down’ the OpenOffice.org codebase, or by forming a marketing alliance with other open-source products supporting OpenOffice.org file formats and ‘look and feel’''
| ''1.10''
|Reliable, fully-featured product||Stable product, less liable to crash
| ''Take direction of the requests for enhancements and turn into a coherent short term product development plan with the developers.''
|May wish to join in Community activities|| valign="top"|Lots of possibilities for contributors
| ''Provide a method of supporting MS-Office macros and BASIC to facilitate migration of 'power users' to OpenOffice.org.''
'''Support'''
|Must not be Microsoft||Monopoly suppliers generate strong feelings
| width="100%" | ''Publicise the work of the various support communities''
| ''Rationalise the mass of user documents, HOW-TOs, etc scattered around the OOo site''
'''Packaging'''
To date, most major Linux distributions have been happy to accept the OpenOffice.org source and include it in their distributions.
Many distributions have a policy of compiling direct from source code. With OpenOffice.org, this is not a straightforward process.
| ''The Community should build a centre of expertise in native-language deployment, creating a ‘best practice’ process which can be deployed for new languages''
| ''The Community should improve the packaging of OpenOffice.org to make it easier for MS-Windows users to migrate to OpenOffice.org than to upgrade to MS-Office XP''
| ''Create an automated installed kit for OEMs (OPK - OEM Pre-installation Kit)''
| ''Installation process should be more tailored to particular platforms, e.g. self-installers for MS-Windows; ‘native’ Linux versions (rpms, debs, etc)''
| ''The Community should produce a ‘Java free’ version to reduce demands on the desktop and give greater acceptability to Linux distributions (until Java is open-sourced)''
=== Price ===
| ''The Project must produce convincing materials to explain the open-source value proposition: “if this product is so good, how/why are you giving it away free?”''
| ''Standards should be set for CD pricing by approved distributors (see [[#CDROM_distros"''
| CD-ROM distributors]])
| ''Develop the concept that the price of OpenOffice.org is contributing back to the Community (part of the Marketing Strategy for the Community).''
=== Place ===
==<span id="External_Environment">Review of the External Environment</span>==
Distribution (or ''Place'') covers all aspects of getting the product to the end user and installed and operational on their PC.
| ''Explore the logistics of giving something away - which can be just as complex as the logistics of a ‘paid for’ product. The Project has to consider the full lifecycle of:''
===Social and Cultural Environment===
:*getting the installation media to the end user
:*installation on the PC
:*putting the user in touch with whatever community resources are required to ensure OpenOffice.org delivers the expected benefits to the user.
==== Virtual distribution ====
:* the world’s biggest potential markets (e.g. China) are showing a keen interest in open-source software([[#a34|34]])
'''OpenOffice.org website''' The OpenOffice.org website is the key to the distribution process, not only hosting the master downloads, but also signposting the other distribution channels.
:* the open-source community continues to generate other high quality, cross-platform, multi-lingual software products
:* the cost of providing local language support for increasing numbers of smaller markets cannot be justified by conventional commercial software houses
:* PC users increasingly expect PCs to have office software installed at the time of purchase
:* the average user’s need for office software is being met comfortably by the features of current products
:* as email and web browsing become commonplace in offices, users will expect these applications to be included in the definition of an ‘office suite’
:* people are becoming more comfortable with the concept of online communities as ways of working and co-operating around the world
:* in many territories, women are an ‘emerging market’ for IT/internet. Women appear to be more open to talking about the community surrounding open-source software. This is particularly true if they have children who are interested in computers, and have concerns about employment for older children
:* there is a tendency for employers to specify (e.g.) must have MS-Word skills rather than must have word processing skills which may deter potential users
===Technological Environment===
| ''The downloads section must be as simple to find and use as possible: the model is an Amazon-style ‘one click download’ for all users in their language / platform of choice.''
'''Mirrors'''
:* the Microsoft monoculture is raising an awareness of the danger of viruses
:* as Linux becomes mainstream other open-source products like OpenOffice.org will become more acceptable
:* spread of broadband makes it easier for users to download the product, access web-based support and participate in Community activities
| width="100%" | ''The Project must encourage as many high-quality mirrors as possible, including emerging peer-to-peer networks like BitTorrent''
:* the cost of producing CDs is declining steadily enabling cheap distribution of OpenOffice.org
:* the sheer quantity of code (7.5 million lines) in OpenOffice.org constitutes a formidable barrier to entry for new competitors
:* web services may evolve to provide radically new ways of satisfying the user needs which are currently met by desktop office suites
:* with the spread of broadband and the internet generally, users may find other ways to access office functionality (e.g. from a server via a browser)
===Economic Environment===
==== Physical Media ====
'''<span id="CDROM_distros">CD-ROM distributors</span>'''
:* the price of software is becoming an increasing percentage of the purchase price of new computers
:* there is an embarrassment factor that two of the world’s richest top ten individuals owe their wealth to Microsoft
:* conventional software licence fees are unaffordable in many parts of the developing world
| ''Through MarCons, the Project should sign up CD distributors in all major geographies, especially those where broadband is not available.''
:* the free licence simplifies the spread of OpenOffice.org across country, trading bloc, or tariff barriers
:* Small/Medium Enterprises (SMEs) are an increasingly important sector in developed economies([[#a36|36]])
:* Sun Microsystems may lose the ability or desire to fund non-revenue generating activities such as the Community
| ''The Project should be prepared to endorse distributors who sign up to certain minimum standards (pricing, quality) and offer free links from the OpenOffice.org website in exchange.''
===Political and Legal Environment===
OpenOffice.org branded software has also been included in commercial office ‘bundles’([[#a44|44]]). While welcome, these are less desirable from a Project perspective as they are more expensive, and dilute the OpenOffice.org branding.
'''CD-ROM giveaways (magazines, etc)'''
:* 9/11 effect - companies and governments less liable to trust their computer systems and data to US corporations post Afghanistan and post Iraq
:* open-source software allows developing countries to take greater control over their systems and not have to rely on the good intentions of a large, foreign company.
:* open-source offers an opportunity for countries to grow computer skills among their own workforce
| ''MarCons should identify the main ‘cover disk’ magazines in major geographies, keeping records of the magazines’ coverage of OpenOffice.org, and work with them in advance of every product launch to ensure full coverage of the new release.''
:* environmental regulations are increasing pressure to prolong the life of computer equipment in markets like the EU
:* steady trickle of bad publicity from EU and US court cases is tarnishing the reputation of Microsoft the monopolist
:* licence violations, patents, and other IPR issues are being pursued with increasing severity
| ''The Project should build a library of ‘Starting with OpenOffice.org’ articles that can be offered to magazines to form the basis of articles to accompany cover disks.''
:* there is believed to be a high volume of unlicenced software in use, even in ‘developed’ markets (e.g. around 30% of business users in Australia([[#a37|37]])
:* the US Patent Office is granting patents to corporations who can afford to submit applications even if they blatantly fail the ‘prior art’ criteria([[#a38|38]])
==SWOT==
'''Public Lending Libraries'''
| width="100%" | ''MarCons should work to ensure OpenOffice.org is available in every public lending library where these exist in their territory.''
:* internal strengths and weaknesses of the Community and OpenOffice.org; and
==== OEMs ====
:* opportunities and threats faced by OpenOffice.org due to the changes in the external environment (see [[#External Environment|Review of the External Environment]])
===SWOT Analysis===
'''Linux distributions'''
| ''MarCon(s) should be appointed for the Linux market and work to ensure OpenOffice.org is included with all mainstream Linux distros (specialist ‘minimal Linux’ distros are aiming for a different market).''
'''Pre-installed software on new PCs'''
:* OpenOffice.org is released under an open-source licence meaning it is free to acquire and distribute.
The pre-installed market is key to adoption by home users.
:* The licencing structure means OpenOffice.org can benefit from Community involvement.
:* Backing from Sun Microsystems means there is a dedicated professional development team and other support for the Community and product.
:* The Community has an active and enthusiastic membership, especially in the native language projects.
:* OpenOffice.org’s origins as a single product has created a tightly-integrated product suite.
:* OpenOffice.org has no competitor with comparable functionality in several platforms / languages.
:* The functionality provided by OpenOffice.org is comparable to the market-leading product.
:* OpenOffice.org has proved easy to translate into different languages.
:* OpenOffice.org uses open file formats natively within the product and is an active player in the OASIS standards work.
:* OpenOffice.org offers good file compatibility with other common office products.
| width="100%" | ''OpenOffice.org should target to sign up at least one ‘big name’ brand by 2005, and a further brand by 2010.''
(see also the [[#opk|OPK action under Packaging]])
:* The OpenOffice.org source code is released under an open-source licence meaning it can be incorporated into other products within the restrictions of the licence.
=== Promotion ===
:* The dependence on Sun causes suspicion among some potential Community supporters in the open-source world.
:* The Community is immature in governance and organisation.
:* The Community has no self-generated finances.
:* Lack of a professional management (especially project management) structure means that the enthusiasm of volunteers within the Community is not always harnessed effectively.
:* The size of the codebase makes it difficult for new hackers to master.
:* The OpenOffice.org brand name is confusing (it sounds like a website).
:* OpenOffice.org does not include/lacks integration with other software (e.g. email, web browser).
:* OpenOffice.org does not have macro or Basic compatibility with MS-Office which can hinder the migration of ‘power users’.
:* Some new functions in OpenOffice.org are being written in Java, requiring a Java Runtime Environment (JRE) on the user’s PC.
:* The constraints of working cross-platform can make for a less than perfect ‘fit’ to individual platforms.
:* The generic cross-platform OpenOffice.org installer is not as easy to use as native platform installers.
:* OpenOffice.org lacks end user ‘extras’ such as hard copy manuals, templates, clipart, etc.
:* OpenOffice.org does not come in an OEM pre-installation kit for PC suppliers.
:* OpenOffice.org does not have a visible local support structure which is often claimed to be essential for the SME market.
:* For many MS-Windows users, open-source is synonymous with Linux, meaning they do not realise OpenOffice.org is also available for their platform.
:* As a full-featured office suite, OpenOffice.org has a heavy ‘footprint’ (especially with a JRE), making it less suitable for the currently ‘under-served’ users who would be a natural target for disruptive technology marketing.
==== Message ====
As the OpenOffice.org community does not have funding, funded promotion currently is limited to ‘piggy-backing’ on Sun’s promotional activities for [[StarOffice]] plus whatever free promotional activity the community can come up with. The main challenge here for the Project is to make the best use of the resources it has, and to come up with an integrated approach, with all activities supporting the brand values following the same rules and spreading the same message.
:* The adoption of Linux is encouraging people to think more about open-source.
:* The open-source movement is showing healthy growth world wide.
:* There is a range of cross-platform, multi-lingual, open-source software available for potential bundling opportunities with OpenOffice.org (email clients, web browsers, databases, groupware, etc).
| ''The Project must agree the brand values with the Community Council and communicate them tirelessly to the Community''
:* The arrival of the Microsoft’s XP range of products is forcing users onto another round of upgrades.
:* Microsoft’s increasing efforts in licence enforcement encourage users to seek alternatives - especially users without valid licences.
:* The proliferation of viruses etc targeted at Microsoft software is encouraging users to look at alternatives.
| ''The Project should target ‘current non-consumers’ - a classic market for market disrupters''
:* PCs are now becoming widespread in countries where MS-Office licences are simply unaffordable[39].
:* The lack of hard-copy manuals makes OpenOffice.org an attractive target for third-party technical authors.
| ''OpenOffice.org should capitalise on its position as the only fully-functioned, integrated open-source office productivity suite in the Linux market''
| ''The Project needs to communicate that OpenOffice.org is for MS-Windows users too''
| ''The Project should respond to Microsoft ‘bargain basement’ variants of MS-Office by stressing the full-function/open-source attributes of OpenOffice.org''
| ''The Project should plan promotional activities specifically targeted at users faced with an enforced upgrade from Microsoft. The message should stress the similarity of look and feel, ability to read MS-Office file formats, and additional benefits over MS-Office (e.g. tighter integration)''
| ''The Project should plan promotional activities specifically targeted at users worried about being caught with 'pirate’ copies of MS-Office. The message should stress the similarity of look and feel, ability to read MS-Office file formats, additional benefits over MS-Office (e.g. tighter integration), and the guaranteed open-source licence''
==== Website ====
The OpenOffice.org site is currently hosted by Collabnet using the SourceCast content management system. The funding for the site is provided by Sun, including hosting, bandwidth for downloads, etc. SourceCast is designed specifically to support remote collaboration on open-source projects, on similar lines to SourceForge([[#a46|46]]).
:* The Community is highly dependent on Sun Microsystems who have not been noted for software in the past.
'''Internal Project Users''' Various projects - including the Marketing Project - use the project tools provided by SourceCast for discussion groups, file repositories, etc. In this case, the site is serving internal project users, and the content generally fits well within templates provided by SourceCast.
:* The presence of two products in the marketplace using the same codebase causes confusion (OpenOffice.org and StarOffice).
:* The open-source licence regime means anyone can rebrand and redistribute the code under a new name.
:* The office productivity suite marketplace is totally dominated by Microsoft with its MS-Office range of products.
:* Microsoft can set de-facto industry standards in areas such as look and feel, file formats.
:* Microsoft can afford to target specific markets with low cost variants of MS-Office.
:* Microsoft can use its virtual monopoly of the desktop operating system market to facilitate other products such as MS-Office.
:* Microsoft’s roadmap for MS-Office shows closer integration with other Microsoft products, making migration more difficult.
:* Developments in patent legislation are creating a climate of ‘FUD’ around open-source.
:* Users are expecting ‘office suites’ to include internet software - email, web browser, possibly calendaring.
===SWOT Recommendations===
'''Shop Window''' However, www.OpenOffice.org is not just a site for internal users. It is also OpenOffice.org’s main shop window to the world, for telling potential users about the product and the Community, how to acquire, install, and use the product, where to go for support, and how to become an active member of the Community. Without an external advertising budget, this is the advertising resource for the Project (see [[#advertising|Advertising]]).
'''Introduction'''<br>
SourceCast is not as well suited for this general hosting activity, as the CMS templates restrict the look and feel of the site, and CollabNet also forbid the use of scripting languages such as php([[#a47|47]]) to generate dynamic content.
Matching internal strengths and weaknesses to external threats and opportunities gives four classes of strategic recommendations for the Community:
'''Recommendations''' The ‘Shop Window’ element of the website is a key resource for the Project’s promotional activity. This Plan recommends that:
| ||'''Strengths'''|||'''Weaknesses'''
|valign="top"|'''Opportunities'''||'''O-S''': No-brainers where OpenOffice.org’s internal strengths are a clear fit with external opportunities|||'''O-W''': Areas where OpenOffice.org needs to make special efforts to meet external opportunities
| ''[[http://www.openoffice.org http://www.openoffice.org]] should host the shop window pages free from the restrictions of SourceCast. The content of the pages should be owned by the Marketing Project, with the mechanics provided by the Website Project.''
| valign="top"|'''Threats'''||'''T-S''': Areas where OpenOffice.org is well equipped to defend its market against external threats|||'''T-W''': Areas where OpenOffice.org’s weaknesses make it more vulnerable to external threats.
| width="100%" | ''NL-projects would be encouraged to have their own NL shop-windows in this same area''
| ''The internal project pages are generally well served by SourceCast, but should be moved to a new ‘root’ URI such as [[http://community.openoffice.org http://community.openooffice.org]]. Individual projects would have URIs as now (e.g. [[http://marketing.openoffice.org http://marketing.openoffice.org]])''
'''Marketing Project'''
:* OpenOffice.org should capitalise on its position as the only fully-functioned, integrated open-source office productivity suite in the Linux market.
:* The Community should build a centre of expertise in native-language deployment, creating a ‘best practice’ process which can be deployed for new languages.
:* The Project should plan promotional activities specifically targeted at users faced with an enforced upgrade from Microsoft. The message should stress the similarity of look and feel, ability to read MS-Office file formats, and additional benefits over MS-Office (e.g. tighter integration).
:* The Project should plan promotional activities specifically targeted at users worried about being caught with ‘pirate’ copies of MS-Office. The message should stress the similarity of look and feel, ability to read MS-Office file formats, additional benefits over MS-Office (e.g. tighter integration), and the guaranteed open-source licence.
:* The Project is ideally placed to target ‘current non-consumers’ - a classic market for adopting a disruptive technology.
:* The Community should improve the packaging of OpenOffice.org to make it easier for MS-Windows users to migrate to OpenOffice.org than to upgrade to MS-Office XP.
:* The Community should continue to address reported bugs in MS-Office compatibility.
| ''The Marketing Project pages should host as now the activities of the Project, plus the English language masters of all the Project collateral (see [[#materials|Product Marketing Material]]).''
:* The Community should address the issue of support for MS-Office macro / Basic.
:* the Project needs to communicate that OpenOffice.org is for MS-Windows users too.
:* OpenOffice.org needs to develop an OEM pre-installation kit for PC suppliers.
| ''NL-projects would be encouraged to maintain translations of the Project collateral in their own project pages.''
:* The Community should work with the open-source community to develop clip-art, templates, etc.
:* The Community should produce ‘native’ Linux versions (rpms, debs, etc).
:* The Community should produce a ‘Java free’ version to reduce demands on the desktop and give greater acceptability to Linux distributions (until Java is open-sourced[40]).
:* The Community should prioritise size reduction / performance enhancements (or possibly an ‘OOoLite’) for low specification PCs.
==== PR and Publicity ====
:* The Community should put significant effort into understanding Sun’s goals for StarOffice and OpenOffice.org, and selling the benefits to Sun of their continuing support of the Community.
:* The Community should supply community-developed translations etc for StarOffice.
:* The Community should produce significant collateral to demonstrate and aid ease of migration for MS-Office users.
:* The Community should respond to Microsoft ‘bargain basement’ variants of MS-Office by stressing the full-function/open-source attributes of OpenOffice.org.
This is the main focus of the Promotion activity of the Project, as unlike paid-for advertising it does not require funding. The most important principle is to ensure that everything the press sees or hears is managed and is consistent.
:* The Community should seek to strengthen its governance and management so it is capable of becoming self-sufficient.
:* The Community should work to build understanding of the codebase in the open-source development community.
:* The Project needs to maintain clear documentation on the StarOffice vs OpenOffice.org questions.
:* The Community needs to address OpenOffice.org users' needs for email, web browsing, etc. functionality
==Goals and Objectives==
===Usage Goals===
| ''It is therefore recommended that only Project Leads or MarCons actually communicate with the press. This includes all areas of PR, such as corporate announcements, defensive PR, and marketing PR.''
<blockquote>'''PR Tools'''
:*news releases
:*feature stories and interviews
:*exclusives
:*opinion pieces
:*photos
:*speeches or appearances at seminars, conventions, etc.
:*local, regional or national talk shows and other programmes
:*online chats and forums
:*community involvement
:*lobbying activities
:*social responsibility activities
All press releases should contain the three key elements:
'''Target 2010'''<br>
:*a message related to OpenOffice.org’s features and benefits
The Community’s goal is that OpenOffice.org becomes the product of choice for users of office software, on any major platform in any language. However, it is recognised that office suites are a mature product, and so users with a product currently installed on their PCs will probably be quite comfortable with it.
:*a hook to make it newsworthy and interesting
:*a link to drive people to the OpenOffice.org web site
<blockquote>'''Proposed tactics for OpenOffice.org PR activities'''
:*Prior to a product release, encourage the press to download late beta snapshots
:*Find a good spokesperson to help promote OpenOffice.org
:*Always ensure that the OpenOffice.org website is featured in the release
:*Include the geek press, trade press and consumer press
:*Make sure there is some genuine ‘news’
:*Schedule press releases so that various media sources publish information that builds on itself and progressively includes new tidbits of information
:*Develop an interesting and fun idea centered around a release or upgrade - e.g. the naming of new releases
:*Offer co-sponsorships for media to OOoConf
==== Direct Marketing ====
For budget reasons, the only channel available to the Project for direct marketing is email, which in these days of global spam is a highly sensitive area. However, though the voluntary registration process there is a channel for building an ‘opt-in’ email address database.
:* users who have not yet selected/installed an office suite (including those acquiring a new PC) and realise they have a need for one
:* users of single function applications looking for additional functionality (e.g. word processor users who find they also need a spreadsheet)
:* users who have unlicenced (‘pirate’) editions of commercial software
| width="100%" | ''It is proposed that this should be used primarily for:''
:* users who are facing an enforced ‘end-of-life’ upgrade for their current product
:*‘pass it on’ - spreading OpenOffice.org usage from innovators to early adopters etc (see Figure 1 Product Acceptance)
:*encouraging uptake of new releases
:*encouraging users to become Community members
:*encouraging users to attend OpenOffice.org conferences
<table width="60%">
==== <span id="advertising">Advertising</span> ====
<tr><td>'''Year'''</td><td align="center">2003</td><td align="center">2004</td><td align="center">2005</td><td align="center">2006</td><td align="center">2007</td><td align="center">2008</td><td align="center">2009</td><td align="center">2010</td></tr>
<tr><td>'''Rate'''</td><td align="center">1%</td><td align="center">2%</td><td align="center">5%</td><td align="center">10%</td><td align="center">20%</td><td align="center">30%</td><td align="center">35%</td><td align="center">50%</td></tr>
Without a budget, the main advertising platform for the Project is the OpenOffice.org website. All other promotional activity should be aimed at maximising the exposure of the website. However, it is important that the Project maintains other materials such as web banners, product flyers and posters, product packaging and inserts which can be used if an opportunity arises (see [[#materials|Product Marketing Material]] for details of specific actions).
[[image:fig_0.png]]
The Project’s advertising promise for OpenOffice.org is that the software will meet all a user’s needs for office software. and the Community will always be there for them. The tone of the advertising is always positive, emphasising that one day all software will be written like this. As OpenOffice.org moves into the mainstream (see Figure 1 Product Acceptance)) the tone will need to change from appealing to innovators to reassuring the mainstream.
'''Measuring Progress'''<br>
==== Promotions ====
Unlike commercial organisations, OpenOffice.org cannot measure sales directly. The variety of distribution channels (see [[#Distribution|Distribution]]) means that an accurate count of installations is also impractical - for example, an increasingly successful policy of encouraging mirroring will reduce the number of downloads measured from the OpenOffice.org site. With an open-source policy, it is also impossible to enforce compulsory user registration (even if that was deemed desirable by the Community).
Promotions in marketing jargon are ‘incentives to act’, for encouraging potential consumers to try the product, or to encourage loyal customers to increase their consumption. Clearly, some of the mainstays of commercial promotions such as bulk buys (‘buy one get one free’) or coupons (‘5 euro off with this coupon’) simply don’t work in the context of OpenOffice.org.
However, there are other promotion opportunities. For example, giving away OpenOffice.org CDs at freshers’ fairs at colleges and universities - or better still, arranging for the college to give away the software as part of the student induction.
===Marketing Objectives===
==== Conferences ====
'''OOoConf'''
:* OpenOffice.org must have achieved global brand awareness
Conferences require a lot of planning, resources (money and people), and can flop without proper targeting, but they are a recognised part of the open-source process and a means for the cognoscenti to judge the health of a project. Fortunately, Sun recognise the importance of the annual OpenOffice.org Conference (OOoConf) and facilitate it with financial and other resources.
:* OpenOffice.org must be available for any desktop platform with more than a 10% global market share
:* OpenOffice.org must be available in every language used by more than 10% of computer users
:* OpenOffice.org must be available to 90% of computer users for less than one hour’s local average wages
:* OpenOffice.org must be a component of every general purpose Linux distribution
| ''Project leads should take responsibility for the success of OOoConf, either by personal involvement or by appointing a conference organiser (for responsibilities see box below)''
<blockquote>'''Project responsibilities for a successful OOoConf'''
:*key responsibility - making sure there is a compelling reason for people to attend
:*making sure there is something newsworthy (PR)
:*making sure OOoConf addresses specific marketing objectives
'''Third Party Conferences''' Budget is a problem here again - however, MarCons should be aware of activities going on in their area where they might be able to put OpenOffice.org forward. For example, volunteering to speak at software conferences, professional associations, etc.
| width="100%" | ''MarCons should actively recruit, support, and keep a register of volunteer speakers for meetings, etc.''
Visual aids and presentation material should form part of the [[#materials|Project Library]].
==== Materials ====
===Marketing Project===
'''Product Marketing Material''' Supporting product literature and other Community collateral materials is key to many of the Project’s efforts. These items must present the OpenOffice.org image and message very clearly and professionally. Not only is the text and wording of the literature important, but also the visual image and quality that it projects.
<blockquote>'''Items that should be held in a central Marketing Project Library'''
:*Graphics: logos, web banners, CD-ROM labels and jewel case inserts, ‘built with OpenOffice.org’ images, posters
:*White Papers: Product Flyers aimed at various audiences; Release Notes
:*Screenshots: various platforms, languages
:*Impress presentations about OpenOffice.org
:*Case Studies: for each target market
:*Reviews: links to (favourable!) reviews in ‘quality’ on-line sources, especially those outwith the open-source ‘usual suspects’
:*Press Pack: a convenient bundle for time-starved journalists
:*Premium Items: artwork for mugs, T-Shirts, pens, carrier bags, etc.
In literature, it is critical to highlight and emphasize the benefits of OpenOffice.org and not just the specifications and features. Each piece should consider these issues:
:*What will the literature be used for (e.g. background on open-source / overall Community information / OpenOffice.org features and benefits / reasons to join the Community / etc.)?
:*Who is the audience for each piece (e.g. current or potential Community members / current or potential users / end users or decision makers for groups of users / etc.)?
:*What is the state of maturity of that particular market (see Figure 1 Product Acceptance?)
:*Who will develop the piece? what brief will they be given by the Project Leads and MarCons?
:*What is the copyright position of the artifact?
:*When will the piece become obsolete? what does it replace?
'''Project Leads'''<br>
The Project Leads will be responsible for:
Own the process for creating and maintaining the Strategic Marketing Plan. Responsible for issuing central press releases; maintaining the Project pages on the OpenOffice.org website and the central library of collateral (English language); recruitment of and liaison with MarCons; recruitment of and liaison with Observers to work on central resources; liaison with other Community projects and the Community Council.
'''Marketing Contacts (MarCons)'''<br>
Responsible for participating in creating central resources and then adapting them to their own geographies/markets - translations, local market intelligence and promotion; distribution channels to their geography/market; named contacts for local/specialist press enquiries about OpenOffice.org, the Project, or the Community in any press releases; feedback local market information to the Project Leads; liaison with any Native Language projects key to their areas.
| width="100%" | ''Commissioning artifacts from the artwork project, individual contributors, etc.''
| ''QA’ing submissions and maintaining these in a central library''
<blockquote>'''What do MarCons do?'''
MarCons can either use these ‘as is’ or customise for individual markets.
A MarCon:
'''Premium Items''' Premium items are the freebies given away at trade shows or other events. Again, as there is no budget available for these:
:* is available and responds readily to individuals and organisations that contact them with regard to OpenOffice.org.
:* liaises with the Marketing Project Leads in representing, and coordinating relationships with OpenOffice.org.
:* conducts research and is aware of OpenOffice.org marketing opportunities in their area, e.g. potential users, conferences for OpenOffice.org to attend etc.
| ''Project Leads should commission the artwork for producing mugs, T-Shirts, baseball caps, pens, carrier bags, etc from the artwork project, and maintain it on the project site in the hopes that local finance will be available for specific events.''
:* distributes OpenOffice.org press releases if applicable to their region.
:* conducts presentations and seminars if requested.
:* shares ideas, thoughts, plans, what has worked and not worked with OpenOffice.org.
:* uses the OpenOffice.org Marketing Project as a resource and requests assistance and ideas to assist them to market OpenOffice.org in their region.
:* joins the Marketing Project and offers their specialist skills to contribute to the goals and activities of the Project.
:* subscribes to or monitors dev@marketing.openoffice.org and com@native-lang.openoffice.org. </blockquote>
The relationship between the MarCons and the Project Leads is illustrated in Figure 2 below, which shows how both parties co-operate in producing a Strategic Marketing Plan (this document) which forms the starting point for a Market Plan for the target market.<p>
==== People ====
[[image:fig_2.png]]</p><p>
'''Marketing Project Members'''
Applying this process to the creation of central resources such as promotional materials prevents duplication of work and ensures a consistency of message.</p><p>
The roles of the various members of the Project are outlined elsewhere (see Marketing Project). However, it cannot be stressed enough that the success of the promotional activity of the Project will depend on the enthusiasm and commitment of Project members, and their understanding of the Strategic Marketing Plan and the OpenOffice.org proposition.
The number one priority of the Marketing Leads should be the health of the Project. No opportunity should be missed for encouraging participation in Project activities.
The title ‘Observer’ comes from the name of a role in the SourceCast software used by the Community’s web site. ‘Observers’ do much more than ‘observe’ - they are full participants in all Marketing discussion groups and on-line activities and are the front line troops in Project activities.</p><p>
Specific responsibilities: providing specialist skills (market research, competitor intelligence, graphics, copywriting, translating...); working either on central (Project Lead) or local (MarCon) marketing activities; fundamental resource for the promotion of OpenOffice.org.</p><p>
| ''Project Leads should set up a mechanism for tracking this state of health, e.g. by recording the number of project members, the number of active participants in discussions, etc.''
'''Technical Authors'''
The Native-Language (N-L) Projects have proved to be one of the most successful developments within the Community. In the early days of N-L, there was a naive view that all the real work of the Community would take place in projects like Marketing, and the N-L Projects would simply go off and translate this (and OpenOffice.org) into other languages.</p><p>
However, the more developed N-L Projects are evolving into microcosms of the full Community, providing user support, documentation, product development, localised marketing, etc. Indeed, taken as a whole, there is arguably more marketing work taking place within all the N-L Projects than in the central Marketing Project.</p><p>
| width="100%" | ''Project members should encourage authors to produce works about OpenOffice.org''
This is a healthy development; the challenge for the Project Leads is to ensure the marketing expertise, collateral, etc being produced within a specific NL-Project is fed back into the central Marketing Project. It can then be spread back out into other NL-Projects on a ‘hub and spoke’ arrangement (see Figure 3 below):</p><p>
(“I really liked your Dummies Guide to xxx - have you ever thought about doing one for OpenOffice.org?”)
:*seeing books about OpenOffice.org helps spread the brand name
:*books generate reviews - further media exposure for the brand name
:*users who won’t use software without hard copy user manuals can be steered to third party books
The Project retains a leadership role: the Project needs to be able to drive the global marketing effort. N-L marketing should follow unless it is felt that local conditions do not comply with the global vision.</p><p>
The fact that OpenOffice.org doesn’t have paper manuals makes it more attractive to third party authors.
| width="100%" | ''Project Leads should be able to supply statistics about the number of users (i.e. potential readers).''
'''End Users'''
Finally, it must never be forgotten that satisfied users can be the best ambassadors for OpenOffice.org. People like giving presents, and the Project can encourage this behaviour with appropriate messages:
<blockquote>'''“Giving is good” messages'''
:*We want you to share this with your friends,relative, schools, libraries, charities, government representatives
:*Who have you shared this with today?
:*I’m not buying, I’m sharing
:*What languages do you share in?
:*Give a little, get a lot
:*It’s all for you, and your friends too
==== Complementary Products ====
OpenOffice.org is designed to be easy to call from other applications and uses open file formats. This should make it an obvious partner for other software (especially but not exclusively open-source). For example, the GRAMPS Genealogy software can export reports in Writer format.
== Appendix ==
=== Building the Plan ===
'''How this Plan was built'''
This Plan represents the results of roughly six months’ elapsed work by the Project and other members of the Community. The first phase consisted of developing a draft strategy through debate and brainstorming sessions, mostly among the MarCons. This took the Plan to version 0.5 in time for OOoConf 2004. Feedback and discussion among the wider Community then continued through debate in the Project mailing lists. Once broad agreement was reached that the strategy was correct, then the detailed work began of developing key action points from the strategy.
[[Image:Fig 4.png]]<br> Version 1.0 of the Plan was then formally adopted by the Community Council by the end of 2004.
'''Strategy Development'''
''Figure 5 Strategy Development Process'' below illustrates the strands of work which have gone into this Plan, and how the various sections link together. It is intended as a roadmap for anyone wishing to take part in the ongoing strategic development work.
==Strategic Proposals==
'''Contributors'''
===Community===
===Product===
===Price===
===Place===
===Promotion===
====Message====
This Plan was developed using the MarCon discussion list and compiled by John McCreesh. Thanks to all the MarCons; special thanks to: Daniel Carrera, Christian Einfeldt, Colin Charles, Justin Clift, Sophie Gautier, Ian Lynch, Bob Kerr, Anthony Long, Jacqueline McNally, Sankarshan Mukhopadhay, Charles Schulz, Ryan Singer, G. Roderick Singleton, Colm Smyth, Erwin Tenhumberg, Andre Schnabel, Louis Suarez-Potts, Stefan Taxhet, Italo Vignoli, Robert Vojta, and apologies to those whose names have been accidentally omitted from this list.
====Website====
====PR and Publicity====
====Direct Marketing====
====Advertising====
====Promotions====
====Conferences====
====Materials====
====People====
====Complementary Products====
==Appendix==
'''Copyright'''
===Building the Plan===
This document is copyright ©2004 by the OpenOffice.org Marketing Project. All rights reserved. Its contents may be used under the terms of the [[http://creativecommons.org/licenses/by-nc-sa/2.0 Creative Commons Attribution-NonCommercial-ShareAlike]] licence.
==References==
== References ==
#<span id="a01"></span>http://www.openoffice.org/about_us/milestones.html
#<span id="a01" />http://www.openoffice.org/about_us/milestones.html
#<span id="a02"></span>OpenOffice.org uses a dual licence strategy for the source code: the GNU General Public licence and the Sun Industry Standards Source licence. See http://www.openoffice.org/license.html
#<span id="a02" />OpenOffice.org uses a dual licence strategy for the source code: the GNU General Public licence and the Sun Industry Standards Source licence. See http://www.openoffice.org/license.html
#<span id="a03"></span>See for example ''What is Open Source'' on http://www.oss-institute.org/
#<span id="a03" />See for example ''What is Open Source'' on http://www.oss-institute.org/
#<span id="a04"></span>There is a good explanation of this and UNO technology at IBM’s DeveloperWorks site: http://www.ibm.com/developerworks/library/co-uno.html
#<span id="a04" />There is a good explanation of this and UNO technology at IBM’s DeveloperWorks site: http://www.ibm.com/developerworks/library/co-uno.html
#<span id="a05"></span>http://www.oasis-open.org/committees/tc_home.php?wg_abbrev=office
#<span id="a05" />http://www.oasis-open.org/committees/tc_home.php?wg_abbrev=office
#<span id="a06"></span>For example MySQL AB, developers of the popular open-source database MySQL: http://www.mysql.com/company/
#<span id="a06" />For example MySQL AB, developers of the popular open-source database MySQL: http://www.mysql.com/company/
#<span id="a07"></span>Andrew Morton speaking at a meeting sponsored by the Forum on Technology and Innovation in July 2004 - http://gcn.com/vol1_no1/daily-updates/26641-1.html
#<span id="a07" />Andrew Morton speaking at a meeting sponsored by the Forum on Technology and Innovation in July 2004 - http://gcn.com/vol1_no1/daily-updates/26641-1.html
#<span id="a08"></span>Monitored by the Statistics Project at http://stats.openoffice.org/
#<span id="a08" />Monitored by the Statistics Project at http://stats.openoffice.org/
#<span id="a09"></span>Unpublished paper from Erwin Tenhumberg soo_ooo_market_share_analysis_draft_21july2004.sxw
#<span id="a09" />Unpublished paper from Erwin Tenhumberg soo_ooo_market_share_analysis_draft_21july2004.sxw
#<span id="a10"></span>Reported in http://www.itworld.com/nl/lnx_desktop/05302002/
#<span id="a10" />Reported in http://www.itworld.com/nl/lnx_desktop/05302002/
#<span id="a11"></span>For example the comparison of Office suites in ZDNet UK June 2004 http://reviews.zdnet.co.uk/software/productivity/0,39024195,39158410,00.htm
#<span id="a11" />For example the comparison of Office suites in ZDNet UK June 2004 http://reviews.zdnet.co.uk/software/productivity/0,39024195,39158410,00.htm
#<span id="a12"></span>e.g. Logotron’s SchoolOffice (education sector) - http://www.logo.com/cat/view/school-office.html
#<span id="a12" />e.g. Logotron’s SchoolOffice (education sector) - http://www.logo.com/cat/view/school-office.html
#<span id="a13"></span>e.g. KaiOffice (Chinese) - http://www.kaisource.com/kaioffice68en/index.html
#<span id="a13" />e.g. KaiOffice (Chinese) - http://www.kaisource.com/kaioffice68en/index.html
#<span id="a14"></span>e.g. SotOffice (LBA-Linux)- http://www.sotlinux.org/en/sotoffice/index.php and NeoOffice (MacOS) http://www.neooffice.org
#<span id="a14" />e.g. SotOffice (LBA-Linux)- http://www.sotlinux.org/en/sotoffice/index.php and NeoOffice (MacOS) http://www.neooffice.org
#<span id="a15"></span>''The ooo-build parallel fork is a good thing: it brings the notoriously unapproachable OpenOffice.org development process closer to what the rest of the community expects to deal with'' Linux Weekly News Aug 19,2004 - http://lwn.net/Articles/97549/bigpage
#<span id="a15" />''The ooo-build parallel fork is a good thing: it brings the notoriously unapproachable OpenOffice.org development process closer to what the rest of the community expects to deal with'' Linux Weekly News Aug 19,2004 - http://lwn.net/Articles/97549/bigpage
#<span id="a16"></span>Christensen and Raynor '''The Innovator’s Solution''' http://theinnovatorssolution.com
#<span id="a16" />Christensen and Raynor '''The Innovator’s Solution''' http://theinnovatorssolution.com
#<span id="a17"></span>e.g. ''OpenOffice.org is one of the main pretenders to the Microsoft Office throne, one of the few that can measure up to one of the most formidable office suites in the world'' http://www.itreviews.co.uk/software/s236.htm
#<span id="a17" />e.g. ''OpenOffice.org is one of the main pretenders to the Microsoft Office throne, one of the few that can measure up to one of the most formidable office suites in the world'' http://www.itreviews.co.uk/software/s236.htm
#<span id="a18"></span>Typical estimates give MS-Windows 95%, Mac OS 3%, GNU/Linux 2%
#<span id="a18" />Typical estimates give MS-Windows 95%, Mac OS 3%, GNU/Linux 2%
#<span id="a19"></span>...''Microsoft increasingly offers licenses to the larger key accounts at very attractive cut prices to beat the competition'' http://www.researchandmarkets.com/reportinfo.asp?report_id=222210&t=o&cat_id=4
#<span id="a19" />...''Microsoft increasingly offers licenses to the larger key accounts at very attractive cut prices to beat the competition'' http://www.researchandmarkets.com/reportinfo.asp?report_id=222210&t=o&cat_id=4
#<span id="a20"></span>Microsoft has been reprimanded over misleading advertising by the Advertising Standards Authority (ASA). The UK watchdog upheld complaints about a magazine advert which claimed that the open-source operating system Linux was more expensive than Windows. http://news.bbc.co.uk/1/hi/technology/3600724.stm
#<span id="a20" />Microsoft has been reprimanded over misleading advertising by the Advertising Standards Authority (ASA). The UK watchdog upheld complaints about a magazine advert which claimed that the open-source operating system Linux was more expensive than Windows. http://news.bbc.co.uk/1/hi/technology/3600724.stm
#<span id="a21"></span>''Microsoft: Linux is a threat, it may mean prices cuts and less business for us'' Jo Best, Silicon.com 03-Sep-04 http://software.silicon.com/os/0,39024651,39123685,00.htm?nl=d20040906
#<span id="a21" />''Microsoft: Linux is a threat, it may mean prices cuts and less business for us'' Jo Best, Silicon.com 03-Sep-04 http://software.silicon.com/os/0,39024651,39123685,00.htm?nl=d20040906
#<span id="a22"></span>''Microsoft Pushes Translating Its Programs into Developing Nations’ Languages'' Seattle Times July 2004 http://www.newsgleaner.com/site/news.cfm?newsid=12315035&BRD=2340&PAG=740&dept_id=226964&rfi=6
#<span id="a22" />''Microsoft Pushes Translating Its Programs into Developing Nations’ Languages'' Seattle Times July 2004 http://www.newsgleaner.com/site/news.cfm?newsid=12315035&BRD=2340&PAG=740&dept_id=226964&rfi=6
#<span id="a23"></span>''Microsoft has slashed prices on Windows XP and Office to join the Thai government’s ‘people’s PC’ project'' CNet Asia June 2003 http://asia.cnet.com/newstech/systems/0,39001153,39136847,00.htm
#<span id="a23" />''Microsoft has slashed prices on Windows XP and Office to join the Thai government’s ‘people’s PC’ project'' CNet Asia June 2003 http://asia.cnet.com/newstech/systems/0,39001153,39136847,00.htm
#<span id="a24"></span>e.g. the now discontinued Javastation product
#<span id="a24" />e.g. the now discontinued Javastation product
#<span id="a25"></span>''IBM’s new software is designed to be distributed and accessed through a Web server'' TechRepublic, May 2004 http://techrepublic.com.com/5100-6265-5209067.html
#<span id="a25" />''IBM’s new software is designed to be distributed and accessed through a Web server'' TechRepublic, May 2004 http://techrepublic.com.com/5100-6265-5209067.html
#<span id="a26"></span>IBM Developerworks, June 2004 - http://www-106.ibm.com/developerworks/lotus/library/article/lwp20-features/
#<span id="a26" />IBM Developerworks, June 2004 - http://www-106.ibm.com/developerworks/lotus/library/article/lwp20-features/
#<span id="a27"></span>For example Anyware Office - http://www.anywareoffice.com
#<span id="a27" />For example Anyware Office - http://www.anywareoffice.com
#<span id="a28"></span>http://www.sun.com/products-n-solutions/edu/solutions/staroffice.html#Education
#<span id="a28" />http://www.sun.com/products-n-solutions/edu/solutions/staroffice.html#Education
#<span id="a29"></span>Open Source Lending CDs in Libraries: Howto, Bob Kerr, 2003 http://www.openoffice.org/nonav/issues/showattachment.cgi/11838/Open%20Source%20CD%20in%20libraries%20Howto.pdf
#<span id="a29" />Open Source Lending CDs in Libraries: Howto, Bob Kerr, 2003 http://www.openoffice.org/nonav/issues/showattachment.cgi/11838/Open%20Source%20CD%20in%20libraries%20Howto.pdf
#<span id="a30"></span>''Circuit Riders: A technology support solution for the voluntary sector'' http://www.lasa.org.uk/cgi-bin/publisher/display.cgi?1358-7102-93792+computanews
#<span id="a30" />''Circuit Riders: A technology support solution for the voluntary sector'' http://www.lasa.org.uk/cgi-bin/publisher/display.cgi?1358-7102-93792+computanews
#<span id="a31"></span>''Open source in the small and medium business sector'' Gavin Dudley, September 2004 http://www.tectonic.co.za/view_feature.php?viewid=2
#<span id="a31" />''Open source in the small and medium business sector'' Gavin Dudley, September 2004 http://www.tectonic.co.za/view_feature.php?viewid=2
#<span id="a32"></span>''Microsoft broken up'' BBC Business News Wednesday, 7 June, 2000 http://news.bbc.co.uk/1/hi/business/781852.stm
#<span id="a32" />''Microsoft broken up'' BBC Business News Wednesday, 7 June, 2000 http://news.bbc.co.uk/1/hi/business/781852.stm
#<span id="a33"></span>See for example http://www.quickmba.com/strategy/PEST Analysis.htm
#<span id="a33" />See for example http://www.strategicmanagementinsight.com/strategy-tools/pest-and-pestel-analysis.html
#<span id="a34"></span>''You can see that in places like China where they have this huge software market - $35bn in the next couple of years, according to IDC. They are endorsing Linux and paying stipends to the corporations there to use Linux, in an effort to try and keep the software business inside China.'' Carol Stafford, IBM worldwide vice president of Linux sales, July 2004. http://www.vnunet.com/analysis/1156787
#<span id="a34" />''You can see that in places like China where they have this huge software market - $35bn in the next couple of years, according to IDC. They are endorsing Linux and paying stipends to the corporations there to use Linux, in an effort to try and keep the software business inside China.'' Carol Stafford, IBM worldwide vice president of Linux sales, July 2004. http://www.vnunet.com/analysis/1156787
#<span id="a35"></span>See for example Nicholas Carr’s now infamous Harvard Business Review article''IT Doesn’t Matter'' in May 2003 http://www.nicholasgcarr.com/articles/matter.html
#<span id="a35" />See for example Nicholas Carr’s now infamous Harvard Business Review article''IT Doesn’t Matter'' in May 2003 http://www.nicholasgcarr.com/articles/matter.html
#<span id="a35"></span>e.g. ''Within Australia the small business sector comprises around 97 percent of all private sector businesses and employs 49 percent of the total work force or some 3.3 million people.'' http://www.sbdc.com.au/documents/5.3/BECreview2003CommunitiesofEnterprise.pdf
#<span id="a35" />e.g. ''Within Australia the small business sector comprises around 97 percent of all private sector businesses and employs 49 percent of the total work force or some 3.3 million people.'' http://www.sbdc.com.au/documents/5.3/BECreview2003CommunitiesofEnterprise.pdf
#<span id="a36"></span>Estimates from the Washington-based Business Software Alliance in July 2004 http://australianit.news.com.au/articles/0,7204,10071717%5e16123%5e%5enbv%5e,00.html
#<span id="a36" />Estimates from the Washington-based Business Software Alliance in July 2004 http://australianit.news.com.au/articles/0,7204,10071717%5e16123%5e%5enbv%5e,00.html
#<span id="a37"></span>e.g. Oracle’s 2000 patent application for content management systems granted in 2004 http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1=6,745,238.WKU.&OS=PN/6,745,238&RS=PN/6,745,238
#<span id="a37" />e.g. Oracle’s 2000 patent application for content management systems granted in 2004 http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1=6,745,238.WKU.&OS=PN/6,745,238&RS=PN/6,745,238
#<span id="a38"></span>''In Vietnam, the cost of MS-Office represents 1.4 years’ average local wages'' Miguel de Icaza, OOoConf 2003
#<span id="a38" />''In Vietnam, the cost of MS-Office represents 1.4 years’ average local wages'' Miguel de Icaza, OOoConf 2003
#<span id="a39"></span>For insights into this see http://www.it-analysis.com/article.php?articleid=12142
#<span id="a39" />For insights into this see http://www.it-analysis.com/article.php?articleid=12142
#<span id="a40"></span>Microsoft estimates widely reported in the press in July 2004.
#<span id="a40" />Microsoft estimates widely reported in the press in July 2004.
#<span id="a41"></span>Jupiter Media reported in http://yahoo.pcworld.com/yahoo/article/0,aid,111616,00.asp
#<span id="a41" />Jupiter Media reported in http://yahoo.pcworld.com/yahoo/article/0,aid,111616,00.asp
#<span id="a42"></span>Forrester Research reported in http://www.consultingtimes.com/archives/2004_03.html
#<span id="a42" />Forrester Research reported in http://www.consultingtimes.com/archives/2004_03.html
#<span id="a43"></span>e.g. PC Treasures Inc’s ''Business Works Suite'' http://www.pctreasures.com/bundles/bussworkplus04.htm
#<span id="a43" />e.g. PC Treasures Inc’s ''Business Works Suite'' http://www.pctreasures.com/bundles/bussworkplus04.htm
#<span id="a44"></span>e.g. Scotland, Europe - http://www.theregister.co.uk/2003/12/18/openoffice_cds_live_for_lending/
#<span id="a44" />e.g. Scotland, Europe - http://www.theregister.co.uk/2003/12/18/openoffice_cds_live_for_lending/
#<span id="a45"></span>SourceForge at http://www.sf.net is the best known and most widely used repository of open-source projects. Several OpenOffice.org ‘spin-offs’ are hosted there such as OOoExtras
#<span id="a45" />SourceForge at http://www.sf.net is the best known and most widely used repository of open-source projects. Several OpenOffice.org ‘spin-offs’ are hosted there such as OOoExtras
#<span id="a46"></span>php - php Hypertext Processor - is a common open-source scripting language for web sites - see http://www.php.net
#<span id="a46" />php - php Hypertext Processor - is a common open-source scripting language for web sites - see http://www.php.net
#<span id="a47"></span>Thanks to Bob Kerr for this list http://marketing.openoffice.org/servlets/ReadMsg?list=dev&msgId=1489564
#<span id="a47" />Thanks to Bob Kerr for this list http://marketing.openoffice.org/servlets/ReadMsg?list=dev&msgId=1489564
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Welcome to the Strategic Marketing Plan for the OpenOffice.org Marketing Project. Copies of the marketing plan are available at marketing.openoffice.org in a variety of formats. This section of the wiki has been setup to transfer a copy of the plan to this site.
For the progress of drafting a new SMP, please refer to this wiki page.
1 Cover Page
2 Table of Contents
4 Community Review
4.2.1 Community Goals
4.2.2 Marketing Goals
4.2.3 Product Goals
5 Market Review
5.2 Disruptive Technologies
6.1 Distribution
6.2 Features and Benefits
7 Competitor Review
7.1 Microsoft Office
7.2 WordPerfect Office
7.3 Lotus SmartSuite
7.4 Other Office Suites
7.5 Other Competitors
8 Market Segmentation
8.1 Target Markets
8.2 Non-target Markets
8.3 Government
8.5 Public Libraries
8.6 NFP's
8.7 SME's
8.8 OEM's
8.9 Linux Distributions
9 Review of the External Environment
9.1 Social and Cultural Environment
9.2 Technological Environment
9.3 Economic Environment
9.4 Political and Legal Environment
10 SWOT
10.1 SWOT Analysis
10.2 SWOT Recommendations
11 Goals and Objectives
11.1 Usage Goals
11.2 Marketing Objectives
11.3 Marketing Project
12 Strategic Proposals
12.1 Community
12.2 Product
12.3 Price
12.4 Place
12.4.1 Virtual distribution
12.4.2 Physical Media
12.4.3 OEMs
12.5 Promotion
12.5.1 Message
12.5.2 Website
12.5.3 PR and Publicity
12.5.5 Advertising
12.5.6 Promotions
12.5.7 Conferences
12.5.8 Materials
12.5.9 People
12.5.10 Complementary Products
13.1 Building the Plan
What this Plan is...
...and what it is not
This document is not a Strategic Marketing Plan for the OpenOffice.org Community. Just as the software needs to attract users, so the Community needs to attract contributors who want to help the Community achieve its mission statement. This will be the subject of a separate Plan.
Community Review
The company was acquired by Sun Microsystems Inc during the summer of 1999, and StarOffice 5.2 was released in June of 2000(1). That same year, Sun made the momentous decision to open-source(2) the product as OpenOffice.org 1.0 and kick-start the OpenOffice.org Community (the Community) to support, develop, and promote the software under open-source principles(3). At the same time, Sun decided to use the same codebase as the foundation for the continuing commercial StarOffice product.
The Community(ii) was set up with the following mission statement:
OpenOffice.org Mission Statement To create, as a community, the leading international office suite that will run on all major platforms and provide access to all functionality and data through open-component based APIs and an XML-based file format.
Success Criteria
to grow a world wide Community capable of maintaining, developing, supporting, and promoting OpenOffice.org
to develop OpenOffice.org to provide all the features expected from a world class office productivity suite
to grow the market share of OpenOffice.org to a position of leadership
to design OpenOffice.org to support easy translation into any language (including complex text and vertical writing languages), and provide translations and support in local languages worldwide
to encourage porting to any computing platform capable of running the software (MS-Windows - all variants; Unix variants - e.g. Sun Solaris; Linux - all significant distributions; Apple Mac; etc)
to architect OpenOffice.org on a modular basis, callable from all major programming languages, and document fully all APIs(4).
to store all OpenOffice.org data in published XML formats and work with standards bodies to ensure compliance with emerging standards for office documents(5).
[ii]In this document, the term OpenOffice.org is always used to mean the software; the term the Community is used to refer to the OpenOffice.org project.
There are various business models for sustaining open-source activities. One model, used by Red Hat, is to charge customers subscription fees for services and support around free software. Open-source database company MySQL has a commercial licence for customers who want a support contract and a separate open-source licence(6). Other companies, such as toolmaker Zend Technologies, charge for commercial products that are more functional than the open-source versions of their software. The Linux kernel itself is now developed largely by corporate employees(7).
Organisational Maturity
The Project has sole or joint responsibility for the first five of the success criteria listed above. In the five years since launch, OpenOffice.org has been highly successful in attracting downloads(8) and distribution. However, its share of the global office productivity suite market is probably no more than a few percent(9), with Microsoft’s Office product (MS-Office) the firmly entrenched market leader.
Studies have shown the difficulty of replacing an established brand leader in conventional products. For example, one study was made of 25 brands that held the number one position. Sixty years later, 20 of those 25 brands still held the number one position. Similarly, studies show that historically, the top three brands in a product category typically occupy market share in a ratio of 4:2:1. Gartner Group predicted in May 2002 that the OpenOffice.org codebase could eventually reach 10% market share(10).
On the other hand, academics such as Christensen have demonstrated that under certain conditions, newcomers can dethrone even the most firmly entrenched market leader (see A Game Plan for Disruptive Marketing). The project believes that with targeted marketing, OpenOffice.org can fit the criteria of being a ‘disruptive technology’, and that the ambition of being ‘the leading international office suite’ is achievable within the five year timescales of this Plan.
By 2010, the Project’s goal is for the OpenOffice.org codebase to be in a position of market leadership (>50%) in all its target markets; for it to be the office suite of choice for a majority of all PC users; and for it to be in use by a significant percentage (>40%) of all office users worldwide. The analysis behind these targets is explained in Target 2010.
Product Goals
Thanks to the long history of development,OpenOffice.org is a mature product and independent reviewers acknowledge that it ‘provides the core functionality that most users need’(11). The Community’s goal is for OpenOffice.org to stay in this position of meeting all the needs of the typical ‘office’ user; to offer a simple and clean migration path from significant competitors; and to be available to users on the platform and in the language of their choosing.
The potential market for office suites providing these applications is therefore almost as big as the market for PCs, and growing at the same dramatic rate (see Target 2010).
What is an Office Suite
The concept of an office suite arose out of the limitations of legacy computing technologies. Word processors, spreadsheets, and drawing packages each met generic office user needs; bundling them together made good commercial sense. So, in features(iii) terms, an office suite is typically a bundle of a word processor, spreadsheet, and presentations package with a similar look and feel and interoperability.
Types of Office Suite
These software packages provide basic ‘office’ functionality within a single offering (e.g. Microsoft Works). The Project contends that users are constrained into this segment by one or more limiting factors, such as: price (the user cannot afford anything better); requirements (the user’s needs are completely met by the product); hardware (the users PC cannot run bigger software); knowledge (the user believes they can only use this product); and so on.
Full Function
The usual definition of office ‘suite’ refers to more powerful separate packages which inter-operate closely with a common look and feel (e.g. MS-Office with Word, Excel, and Powerpoint).
‘Professional’ editions of office suites add in other packages, for example, databases and photo-editors.
Internet enabled
Increasingly, customers expect office suites to also provide internet capabilities such as:
web browser / html editing
groupware (e.g. shared calendars)
StarOffice and OpenOffice.org
Reasons for preferring StarOffice to OpenOffice.org
A user currently has a proprietary licenced competitive COTS product, and prefers to continue to use proprietary licences
Company policy forbids open-source software
There is a requirement to purchase world-class support from a large vendor
A company needs the security of having a large corporate supplier to sue if anything goes wrong
A user needs the additional commercial products included in StarOffice (fonts, Adabas database, etc.)
Reasons for preferring OpenOffice.org to StarOffice
A user does not currently have a licenced competitive COTS product
StarOffice is not available in the user’s local language/on their chosen platform
An organisation wants to minimise its acquisition cost
A user believes in the principle of open-source software
An organisation would like to be able to give away copies of the software (e.g. to students, employees, etc.)
Other products using the OpenOffice.org codebase
The OpenOffice.org open-source licence allows the OpenOffice.org codebase to be used as the basis of other software products, both free or commercial (although there are some restrictions on how the code can be used).
Products have already emerged based on the OpenOffice.org codebase, for example, versions targeted at particular sectors(12), or geographies(13), or operating systems(14). Sun Microsystems have also actively encouraged the emergence of commercial products based on the codebase (AOL Office, Novell Office, Lycoris Office, etc)
Given the diversity of the open-source development community, it is also inevitable that other development streams will emerge. For example, the Ximian ‘fork’ of OpenOffice.org(15) has attracted contributions from the Fedora and Debian communities, some of whose developers are uncomfortable with the Community licence / development model, or with software which has any dependencies on non-free software (such as Java).
All users of the codebase are actively encouraged to give prominence to the fact they are based on the OpenOffice.org codebase.
On a reciprocal basis, the Project should use third party brands to build product credibility (AOL is a bigger consumer brand than OpenOffice.org or Sun Microsystems).
Any improvements to the OpenOffice.org codebase should be fed back into the Community.
Organisations using the codebase for commercial ends should also be encouraged to feed back to the Community either in kind or in cash.
The Community should work to remove any barriers which prevent organisations or individuals contributing to the Community.
[iii]See Features and Benefits
Marketing Goals noted that delivering the Community’s Mission Statement means creating disruptive change in the marketplace. The seminal text on disruptive change - The Innovator’s Solution(16) provides some strategy guidelines for identifying target markets:
A Game Plan for Disruptive Marketing
Target only those customers and markets that look unattractive to every established competitor. If an idea is sustaining (an improved version of an already available and popular product) relative to even a single competitor, the idea will not succeed as a disruption.
Within these guidelines, the Project has identified a number of market segments where the benefits of using OpenOffice.org provide a particularly good match to the needs of the market. It has also identified a number of segments where the fit is less good. A detailed analysis of the product features of OpenOffice.org and the benefits perceived by users is given below in Features and Benefits. The full analysis of the target markets is given below in Market Segmentation.
Writer - word processor
Calc - spreadsheet
Impress - presentations
Draw - graphics
a mathematical formula editor
macro / Basic programming language
Data Access tools for working with SQL databases
email / calendar tools
a web browser
a database (although dBase format tables can be used out of the box with OpenOffice.org’s Data Access tools)
Independent reviews rate OpenOffice.org as capable as its competitors in terms of functionality(17). However, it does lack some end-user ‘extras’ such as printed manuals, templates, clip-art libraries, etc.
Microsoft Windows (98, NT, ME, 2000 and XP)
Sun Solaris 8 Operating Environment
Mac OS X Darwin PPC (within X)
some public libraries stock and loan the software
commercial distributors offer the product for sale
it has appeared on cover CDs with magazines
it appears in software bundles such as the OpenCD
some academic organisations make it available to students
Open-source license No license fees to pay for installation or upgrade
No license/compliance hassles or need for software audits
Can be given away free
Source code can be inspected for 'trojans', etc.
Individuals or companies can contribute directly to product development or supplying a missing feature
Open APIs Can be included in other software
Extensive help system Easy to learn and use without requiring external documentation
MS-Office file compatability Easy to migrate
Easy to exchange documents with MS-Office users
MS-Office look and feel Operations are similar enough to make migration easy
Creates PDF's Saves buying Adobe Acrobat
What you send is what people receive
Issue documents as 'read only'
Uses OpenDocument Format Data can be freely used in other software products as the standard as not controlled by any one vendor
File format cannot be 'time-expired' by a vendor
File contents can be examined for 'unwanted' content using simple PC tools
Compression means files typically are smaller than MS-Office equivalents
Long development history Stable product, less liable to crash
Origins as a single integrated product Open any file from any application
Common user interface across all component
Cross platform Good product to teach/learn: learn once, use anywhere
Free to choose where you run it
Multiple language support Likely to be available in your language
Designed to be multi-lingual Easy to translate
Community support Direct access to developers
Community is not just a coding project Lots of possibilities for contributors
Not Microsoft Monopoly suppliers generate strong feelings
Network or single install Equally suite for home users or institutional users
Advanced user features, e.g. stylesheets Also suited for power users - e.g. Writer can product complete books
Competitor Review
Migration from MS-Office requires ability to re-use MS-Office documents
must be easy to use by people already familiar with MS-Office
Interoperability with MS-Office requires ability to read and write MS-Office documents
Microsoft Inc
Microsoft are a one of the largest corporations in the world with huge financial resources and legendary marketing prowess. Their virtual monopoly of the desktop PC operating system market means they have the resources to make mistakes - e.g. covering losses in the games machine market while they refine their product offering.
Some Reluctant Microsoft Customers
corporations who do not like dealing with monopoly suppliers
governments who dislike companies with a turnover exceeding their own GNP
individuals who resent the wealth of prominent Microsoft employees
trading blocs with open market / anti-monopoly policies
MS-Office is sold in a variety of different formats in different markets and at different times. It is also periodically relaunched as an upgraded or enhanced product. As many corporate users sign up for multiyear upgrade contracts, Microsoft has a considerable interest in allowing no more than three years - the maximum length of a multiyear contract - between versions. Microsoft report sales of MS-Office within their ‘Information Worker’ business segment - an over $1,000 million business in 2004. Microsoft recognise three separate revenue streams from the ‘Information Worker’ business segment: original licence sales (approx 40% of total revenues); licence upgrades / maintenance contracts (40%); and software ‘bundled’ with new PCs (about 20%).
MS-Office is sold in a variety of different editions, with increasing features for increasing cost, for example:
Excel (spreadsheet)
Outlook (email client)
PowerPoint (presentations)
Word (word processor)
Business Contact Manager (for Outlook)
Publisher (desktop publisher)
XML support (for Word)
Access (database)
Platforms and Languages
Competitive Position
Microsoft is finding the need to protect its market share from the growth of open-source competition. This has been noticeable at the operating system level, with various ‘knocking’ campaigns against open-source, and most recently (mid 2004) a high-profile campaign to ‘prove’ that open-source is a more expensive computing platform than Microsoft. In at least one country, this campaign fell foul of the national advertising regulatory authority for its blatantly unsupportable claims(20).
Microsoft has also admitted in a filing to the US Securities and Exchange Commissions that it is prepared to use price cutting to defend market share: “To the extent opens source software gains increasing market acceptance, sales of our products may decline, we may have to reduce the prices we charge for our products, and revenue and operating margins may consequently decline.”(21)
How Microsoft has responded to competitive threats from OpenOffice.org
after years of inaction, Microsoft has suddenly released new translations of MS-Office in response to OpenOffice.org local language releases(22)
where OpenOffice.org has proved successful in developing markets, Microsoft has effectively reduced the price of MS-Office with the release of special low cost local editions of MS-Office(23)
WordPerfect Office
WordPerfect Office is owned by Corel, who like Microsoft, has taken separate packages and gradually merged them into an office suite. Corel’s packages consist of a very good word processor (which gives the suite its name), a perfectly respectable spreadsheet, and an alright graphics package(v). The suite offers similar features to OpenOffice.org (e.g. pdf, html, xml creation), and works hard at providing a smooth migration path from MS-Office with various ‘compatibility’ modes. WordPerfect retains a loyal following in several niche markets, such as the legal profession in several territories.
WordPerfect (word processor)
Quattro Pro (spreadsheet)
Presentations (presentations)
Professional and Education
Paradox (relational database)
[v] Corel also sells separately a well respected range of graphics products.
1-2-3 (spreadsheet)
Word Pro (word processor with IBM ViaVoice)
Organizer (personal information manager)
Freelance Graphics (presentation graphics package)
Approach (relational database)
Other Office Suites
Other Competitors
Single-function Office Products
Alternatives to Desktop Office Suites
Server based
Internet based
This section of the Plan attempts to identify groups of users who have similar needs for an office productivity product. Those whose needs are most closely matched by the benefits provided by OpenOffice.org will be the most likely candidates for using the product.
do the benefits of OpenOffice.org provide a better match to the market’s needs than the competitors?
does the market have the characteristics of an adopter of a disruptive innovation (see A Game Plan for Disruptive Marketing)?
governments and public administrations (especially in the developing world);
Education establishments (schools, colleges, universities);
Public libraries;
Small/Medium Enterprises (SMEs);
Not-For-Profits (Not-For-Profits – charities, voluntary sector, etc);
OEMs - Own Equipment Manufacturers building PCs with pre-*installed software, especially for the low-cost / home end market
Linux distributions looking for an office suite to ‘bundle’
Non-target Markets
Description of the sector
Needs and Benefits
Must display openness, compliance, and value for money Effectively free to acquire
No licence/compliance hassles
Does not want to show partiality towards particular vendors OpenOffice.org is not ‘owned’ by one commercial organisation
Probably a legacy Microsoft user Easy to migrate
Need to distribute documents widely Saves buying Adobe Acrobat
Issue documents as ‘read only’
Long term data retention You own your data - future proof
Multi-ethnic support Likely to be available in your language
Worried about US software companies No hidden back doors, trojans, etc
Monopoly suppliers generate strong feelings
Routes to Market
Skills taught should be as ‘generic’ as possible and not tied to one vendor’s product File and look and feel compatibility with MS-Office
Being able to give away software is a good ‘selling point’ for courses OpenOffice.org software can be given away free
Need to demonstrate value for money open-source licence means acquisition costs are zero
Build co-operative skills across the internet international community with multiple opportunities for participation
Worries about licence compliance / ability to audit PCs No licence/compliance hassles
Need to give students marketable skills Similar enough look and feel to MS-Office
Good product to teach/learn: learn once, use anywhere
Needs to be available in local languages (could be translated as a community effort) Likely to be available in your language
Easy to translate
Needs to be simple to administrate Network installation available
government via politicians and civil servants
grass roots through the schools themselves.
an Access style database
there is a lot of content and support material for MS-Office and very little for OpenOffice.org
difficulty in network installations on Windows XP
lack of brand awareness, confusion between StarOffice (which is available free under Sun’s Educational Licencing scheme(28).
Value for money No licence fees to pay for installation or upgrade
Need to be compatible with MS-Office Easy to exchange documents with MS-Office users
Operations are similar enough to make migration easy
Should be able to loan software to the greatest number of users Available on many platforms
Multi-lingual features useful Likely to be available in your language
Bob Kerr has written a comprehensive HOW-TO(29), based on his experience of persuading the public libraries in Edinburgh, Scotland to stock OpenOffice.org CDs. This is a model case study in exploring the needs of a market, developing an understanding of the customer’s perspective, and tailoring a solution that is acceptable to them. Some of Bob’s key points are summarised and paraphrased in the box below.
Supplying Public Libraries
Trust: you have to persuade the library you are a credible source
Liability: libraries worry about incurring liability for *technical support, viruses, copyright issues, replacement media, etc.
Longevity - the library has to be convinced of that it is worth their time and effort to stock the CD and that it is ‘borrower-proof’
Preconceptions: just like other markets, libraries also need convincing “how can software this good be free”
Bob’s document is a model of its type and is recommended reading in full for all Project members, especially MarCons. Special Needs
Producing open-source CDs for Public Lending Libraries
Where possible the CD cover should follow the guidelines set out in the ISBN Users Manual published by The International Standard Book Number System Agency, (International Edition).
On the cover of the CD there should be a clearly printed disclaimer covering support, liability, etc
All CDs must be pressed or high quality CDs and not CDR or CDRW, preferably in DVD covers
The library cannot endorse any product. Advertising on the cover to an unconnected third party is not acceptable.
A valid and respected vendor of replacement pressed CDs should be made known to the Library.
Only major releases will be considered for the library catalogue.
NFP's
Need to minimise costs No licence fees to pay for installation or upgrade
Cannot afford licence issues / audits No licence/compliance hassles
Useful to be able to share with volunteers Can be given away free
Probably legacy MS-Office users Easy to migrate
Need to be compatible with MS-Office users Easy to exchange documents with MS-Office users
Cannot afford re-training Operations are similar enough to make migration easy
Cannot afford vendor-enforced upgrades File format cannot be ‘time-expired’ by a vendor
May need to operate in multiple, possibly local minority languages Likely to be available in your language
NFPs can often be reached via funding bodies, digital divide bodies, and circuit riders (volunteers providing IT support for NFPs)(30).
SME's
Variously known as Small-Medium Enterprises (SMEs), Small Medium Businesses (SMBs), this sector also has a wide variety of definitions, but also is a highly significant sector of most countries’ economies (43% of GDP in South Africa(31); 49% of the workforce in Australia, etc).
Cannot afford licence compliance issues / audits No licence/compliance hassles
Useful for employees to be able to use at home Can be given away free
Need to exchange documents with MS-Office users Easy to exchange documents with MS-Office users
Don’t want to have to retrain staff Operations are similar enough to make migration easy
Ability to send documents via email as pdfs is useful Saves buying Adobe Acrobat
Don’t want to be forced by vendors to upgrade File format cannot be ‘time-expired’ by a vendor
Trouble-free operation essential Stable product, less liable to crash
Needs to be in the local language Likely to be available in your language
May be tempted by full commercial support Same code available commercially
Deliver the best PC ‘bundle’ at the lowest cost No licence fees to pay for installation or upgrade
Potential purchasers may be legacy MS-Office users Easy to migrate
Any value-added features add to attractiveness of product, e.g. ability to create pdfs Saves buying Adobe Acrobat
Don’t want support issues Stable product, less liable to crash
Needs to be available in local language Likely to be available in your language
Avoid cumbersome licencing terms Not Microsoft
The largest OEMs of PCs currently enjoy close relationships with Microsoft - indeed, the relationship is so close that it was legally constrained in the US courts under Judge Thomas Penfold Jackson’s judgement in a Microsoft anti-trust case(32). Unfortunately, this judgement did not cover office software.
Linux(vi) is increasingly being recognised by mainstream IT pundits as ‘ready for deployment on the desktop’. OpenOffice.org is currently the only fully-featured office suite available for this platform.
Must meet community’s open-source definitions LGPL licence; Uses OASIS approved OpenDocument file formats
Need access to source Source code freely available
Can be included in other software
Reliable, fully-featured product Stable product, less liable to crash
May wish to join in Community activities Lots of possibilities for contributors
Must not be Microsoft Monopoly suppliers generate strong feelings
To date, most major Linux distributions have been happy to accept the OpenOffice.org source and include it in their distributions. Special Needs Many distributions have a policy of compiling direct from source code. With OpenOffice.org, this is not a straightforward process.
(vi) more accurately, GNU/Linux
Review of the External Environment
This section of the Plan looks at trends in the outside world which could impact OpenOffice.org and the Community using the common Social, Technological, Environment, and Political (STEP) model(33). These factors can constitute either threats or opportunities (or in some cases both) to OpenOffice.org and/or the Community.
Social and Cultural Environment
the world’s biggest potential markets (e.g. China) are showing a keen interest in open-source software(34)
the open-source community continues to generate other high quality, cross-platform, multi-lingual software products
the cost of providing local language support for increasing numbers of smaller markets cannot be justified by conventional commercial software houses
PC users increasingly expect PCs to have office software installed at the time of purchase
the average user’s need for office software is being met comfortably by the features of current products
as email and web browsing become commonplace in offices, users will expect these applications to be included in the definition of an ‘office suite’
people are becoming more comfortable with the concept of online communities as ways of working and co-operating around the world
in many territories, women are an ‘emerging market’ for IT/internet. Women appear to be more open to talking about the community surrounding open-source software. This is particularly true if they have children who are interested in computers, and have concerns about employment for older children
there is a tendency for employers to specify (e.g.) must have MS-Word skills rather than must have word processing skills which may deter potential users
the Microsoft monoculture is raising an awareness of the danger of viruses
as Linux becomes mainstream other open-source products like OpenOffice.org will become more acceptable
spread of broadband makes it easier for users to download the product, access web-based support and participate in Community activities
the cost of producing CDs is declining steadily enabling cheap distribution of OpenOffice.org
the sheer quantity of code (7.5 million lines) in OpenOffice.org constitutes a formidable barrier to entry for new competitors
web services may evolve to provide radically new ways of satisfying the user needs which are currently met by desktop office suites
with the spread of broadband and the internet generally, users may find other ways to access office functionality (e.g. from a server via a browser)
As office software becomes an increasingly mature market, price becomes increasingly important as customers treat the product as a commodity(35)
the price of software is becoming an increasing percentage of the purchase price of new computers
there is an embarrassment factor that two of the world’s richest top ten individuals owe their wealth to Microsoft
conventional software licence fees are unaffordable in many parts of the developing world
the free licence simplifies the spread of OpenOffice.org across country, trading bloc, or tariff barriers
Small/Medium Enterprises (SMEs) are an increasingly important sector in developed economies(36)
Sun Microsystems may lose the ability or desire to fund non-revenue generating activities such as the Community
Political and Legal Environment
9/11 effect - companies and governments less liable to trust their computer systems and data to US corporations post Afghanistan and post Iraq
open-source software allows developing countries to take greater control over their systems and not have to rely on the good intentions of a large, foreign company.
open-source offers an opportunity for countries to grow computer skills among their own workforce
environmental regulations are increasing pressure to prolong the life of computer equipment in markets like the EU
steady trickle of bad publicity from EU and US court cases is tarnishing the reputation of Microsoft the monopolist
licence violations, patents, and other IPR issues are being pursued with increasing severity
there is believed to be a high volume of unlicenced software in use, even in ‘developed’ markets (e.g. around 30% of business users in Australia(37)
the US Patent Office is granting patents to corporations who can afford to submit applications even if they blatantly fail the ‘prior art’ criteria(38)
internal strengths and weaknesses of the Community and OpenOffice.org; and
opportunities and threats faced by OpenOffice.org due to the changes in the external environment (see Review of the External Environment)
OpenOffice.org is released under an open-source licence meaning it is free to acquire and distribute.
OpenOffice.org is targetted towards offering budget constraint consumers from an alternative form of software without resorting to holding pirated office suite softwares.
The licencing structure means OpenOffice.org can benefit from Community involvement.
Backing from Sun Microsystems means there is a dedicated professional development team and other support for the Community and product.
The Community has an active and enthusiastic membership, especially in the native language projects.
OpenOffice.org’s origins as a single product has created a tightly-integrated product suite.
OpenOffice.org has no competitor with comparable functionality in several platforms / languages.
The functionality provided by OpenOffice.org is comparable to the market-leading product.
OpenOffice.org has proved easy to translate into different languages.
OpenOffice.org uses open file formats natively within the product and is an active player in the OASIS standards work.
OpenOffice.org offers good file compatibility with other common office products.
The OpenOffice.org source code is released under an open-source licence meaning it can be incorporated into other products within the restrictions of the licence.
The dependence on Sun causes suspicion among some potential Community supporters in the open-source world.
The Community is immature in governance and organisation.
The Community has no self-generated finances.
Lack of a professional management (especially project management) structure means that the enthusiasm of volunteers within the Community is not always harnessed effectively.
The size of the codebase makes it difficult for new hackers to master.
The OpenOffice.org brand name is confusing (it sounds like a website).
OpenOffice.org does not include/lacks integration with other software (e.g. email, web browser).
OpenOffice.org does not have macro or Basic compatibility with MS-Office which can hinder the migration of ‘power users’.
Some new functions in OpenOffice.org are being written in Java, requiring a Java Runtime Environment (JRE) on the user’s PC.
The constraints of working cross-platform can make for a less than perfect ‘fit’ to individual platforms.
The generic cross-platform OpenOffice.org installer is not as easy to use as native platform installers.
OpenOffice.org lacks end user ‘extras’ such as hard copy manuals, templates, clipart, etc.
OpenOffice.org does not come in an OEM pre-installation kit for PC suppliers.
OpenOffice.org does not have a visible local support structure which is often claimed to be essential for the SME market.
For many MS-Windows users, open-source is synonymous with Linux, meaning they do not realise OpenOffice.org is also available for their platform.
As a full-featured office suite, OpenOffice.org has a heavy ‘footprint’ (especially with a JRE), making it less suitable for the currently ‘under-served’ users who would be a natural target for disruptive technology marketing.
The adoption of Linux is encouraging people to think more about open-source.
The open-source movement is showing healthy growth world wide.
There is a range of cross-platform, multi-lingual, open-source software available for potential bundling opportunities with OpenOffice.org (email clients, web browsers, databases, groupware, etc).
The arrival of the Microsoft’s XP range of products is forcing users onto another round of upgrades.
Microsoft’s increasing efforts in licence enforcement encourage users to seek alternatives - especially users without valid licences.
The proliferation of viruses etc targeted at Microsoft software is encouraging users to look at alternatives.
PCs are now becoming widespread in countries where MS-Office licences are simply unaffordable[39].
The lack of hard-copy manuals makes OpenOffice.org an attractive target for third-party technical authors.
The Community is highly dependent on Sun Microsystems who have not been noted for software in the past.
The presence of two products in the marketplace using the same codebase causes confusion (OpenOffice.org and StarOffice).
The open-source licence regime means anyone can rebrand and redistribute the code under a new name.
The office productivity suite marketplace is totally dominated by Microsoft with its MS-Office range of products.
Microsoft can set de-facto industry standards in areas such as look and feel, file formats.
Microsoft can afford to target specific markets with low cost variants of MS-Office.
Microsoft can use its virtual monopoly of the desktop operating system market to facilitate other products such as MS-Office.
Microsoft’s roadmap for MS-Office shows closer integration with other Microsoft products, making migration more difficult.
Developments in patent legislation are creating a climate of ‘FUD’ around open-source.
Users are expecting ‘office suites’ to include internet software - email, web browser, possibly calendaring.
SWOT Recommendations
Strengths Weaknesses
Opportunities O-S: No-brainers where OpenOffice.org’s internal strengths are a clear fit with external opportunities O-W: Areas where OpenOffice.org needs to make special efforts to meet external opportunities
Threats T-S: Areas where OpenOffice.org is well equipped to defend its market against external threats T-W: Areas where OpenOffice.org’s weaknesses make it more vulnerable to external threats.
O-S recommendations
OpenOffice.org should capitalise on its position as the only fully-functioned, integrated open-source office productivity suite in the Linux market.
The Community should build a centre of expertise in native-language deployment, creating a ‘best practice’ process which can be deployed for new languages.
The Project should plan promotional activities specifically targeted at users faced with an enforced upgrade from Microsoft. The message should stress the similarity of look and feel, ability to read MS-Office file formats, and additional benefits over MS-Office (e.g. tighter integration).
The Project should plan promotional activities specifically targeted at users worried about being caught with ‘pirate’ copies of MS-Office. The message should stress the similarity of look and feel, ability to read MS-Office file formats, additional benefits over MS-Office (e.g. tighter integration), and the guaranteed open-source licence.
The Project is ideally placed to target ‘current non-consumers’ - a classic market for adopting a disruptive technology.
O-W recommendations
The Community should improve the packaging of OpenOffice.org to make it easier for MS-Windows users to migrate to OpenOffice.org than to upgrade to MS-Office XP.
The Community should continue to address reported bugs in MS-Office compatibility.
The Community should address the issue of support for MS-Office macro / Basic.
the Project needs to communicate that OpenOffice.org is for MS-Windows users too.
OpenOffice.org needs to develop an OEM pre-installation kit for PC suppliers.
The Community should work with the open-source community to develop clip-art, templates, etc.
The Community should produce ‘native’ Linux versions (rpms, debs, etc).
The Community should produce ‘native’ Mac OS X versions reducing reliance on the X11 interface.
The Community should produce a ‘Java free’ version to reduce demands on the desktop and give greater acceptability to Linux distributions (until Java is open-sourced[40]).
The Community should prioritise size reduction / performance enhancements (or possibly an ‘OOoLite’) for low specification PCs.
The Community could produce OOoLite with optional enhancements/plugins to be added by the user.
T-S recommendations
The Community should put significant effort into understanding Sun’s goals for StarOffice and OpenOffice.org, and selling the benefits to Sun of their continuing support of the Community.
The Community should supply community-developed translations etc for StarOffice.
The Community should produce significant collateral to demonstrate and aid ease of migration for MS-Office users.
The Community should respond to Microsoft ‘bargain basement’ variants of MS-Office by stressing the full-function/open-source attributes of OpenOffice.org.
T-W recommendations
The Community should seek to strengthen its governance and management so it is capable of becoming self-sufficient.
The Community should work to build understanding of the codebase in the open-source development community.
The Project needs to maintain clear documentation on the StarOffice vs OpenOffice.org questions.
The Community needs to address OpenOffice.org users' needs for email, web browsing, etc. functionality
Usage Goals
users who have not yet selected/installed an office suite (including those acquiring a new PC) and realise they have a need for one
users of single function applications looking for additional functionality (e.g. word processor users who find they also need a spreadsheet)
users who have unlicenced (‘pirate’) editions of commercial software
users who are facing an enforced ‘end-of-life’ upgrade for their current product
Year 2003 2004 2005 2006 2007 2008 2009 2010
Rate 1% 2% 5% 10% 20% 30% 35% 50%
Today, there are estimated to be around 600 million PCs in use; by 2010, the number could be over 1,000 million(41); Based on these figures and a 50% selection rate by 2010, OpenOffice.org’s target is to be installed on over 400 million desktops by the end of 2010, a market share of over 40%:
Unlike commercial organisations, OpenOffice.org cannot measure sales directly. The variety of distribution channels (see Distribution) means that an accurate count of installations is also impractical - for example, an increasingly successful policy of encouraging mirroring will reduce the number of downloads measured from the OpenOffice.org site. With an open-source policy, it is also impossible to enforce compulsory user registration (even if that was deemed desirable by the Community).
In the meantime, statistics are being collected in the Market Share Analysis.
However, if the Community’s usage goals are being met, OpenOffice.org should be featured increasingly in independent surveys of the office suite market, press coverage, etc. There are some examples of this already in North American studies: the SME Market (6% market share July 2003)(42), and the large business market (8% March 2004)(43).
Marketing Objectives
OpenOffice.org must have achieved global brand awareness
OpenOffice.org must be available for any desktop platform with more than a 10% global market share
OpenOffice.org must be available in every language used by more than 10% of computer users
OpenOffice.org must be available to 90% of computer users for less than one hour’s local average wages
OpenOffice.org must be a component of every general purpose Linux distribution
Marketing Project
Marketing Contacts (MarCons)
What do MarCons do? A MarCon:
is available and responds readily to individuals and organisations that contact them with regard to OpenOffice.org.
liaises with the Marketing Project Leads in representing, and coordinating relationships with OpenOffice.org.
conducts research and is aware of OpenOffice.org marketing opportunities in their area, e.g. potential users, conferences for OpenOffice.org to attend etc.
distributes OpenOffice.org press releases if applicable to their region.
conducts presentations and seminars if requested.
shares ideas, thoughts, plans, what has worked and not worked with OpenOffice.org.
uses the OpenOffice.org Marketing Project as a resource and requests assistance and ideas to assist them to market OpenOffice.org in their region.
joins the Marketing Project and offers their specialist skills to contribute to the goals and activities of the Project.
subscribes to or monitors dev@marketing.openoffice.org and com@native-lang.openoffice.org.
Marketing Project Observers
The Marketing Project and the N-L Projects
Revisit the OpenOffice.org brand name and relationship to rebranded COTS variants StarOffice, Novell Office, AOL Office, etc 1.1
Encourage all producers of software using the OpenOffice.org codebase to display ‘OpenOffice.org inside’ style branding. 1.2
If any of these producers have strong brands of their own, leverage these to reinforce OpenOffice.org (especially in the early years of the Plan) 1.3
Develop brand values: 1.4
Openness (value for money, multi-lingual, multi-platform, open file format, open source)
Quality (stable, reliable, well-established, virus resistant)
Friendly (familiar user interface, legacy file compatibility, community based)
Work closely with the QA project to prioritise / ensure valid bugs are squashed and report as a ‘good news’ item 1.5
Continue to identify and address any shortcomings in MS-Office compatibility as long as these file formats predominate in the marketplace. 1.6
Set strategic direction for what the leading office suite should contain by 2010, and investigate OpenOffice.org variants (e.g. OOo Professional) 1.7
Look at adding complementary components to OpenOffice.org through interworking with complementary open-source products which share our brand values for: 1.8
calendaring
The Community should work with the open-source community to develop clip-art, templates, etc and integrate them into the OpenOffice.org product. 1.9
the Community look at providing ‘OOoLite’ functionality for low specification PCs. Possible approaches include ‘stripping down’ the OpenOffice.org codebase, or by forming a marketing alliance with other open-source products supporting OpenOffice.org file formats and ‘look and feel’ 1.10
Take direction of the requests for enhancements and turn into a coherent short term product development plan with the developers. 1.11
Provide a method of supporting MS-Office macros and BASIC to facilitate migration of 'power users' to OpenOffice.org. 1.12
Publicise the work of the various support communities 1.13
Rationalise the mass of user documents, HOW-TOs, etc scattered around the OOo site 1.14
The Community should build a centre of expertise in native-language deployment, creating a ‘best practice’ process which can be deployed for new languages 1.15
The Community should improve the packaging of OpenOffice.org to make it easier for MS-Windows users to migrate to OpenOffice.org than to upgrade to MS-Office XP 1.16
Create an automated installed kit for OEMs (OPK - OEM Pre-installation Kit) 1.17
Installation process should be more tailored to particular platforms, e.g. self-installers for MS-Windows; ‘native’ Linux versions (rpms, debs, etc) 1.18
The Community should produce a ‘Java free’ version to reduce demands on the desktop and give greater acceptability to Linux distributions (until Java is open-sourced) 1.19
The Project must produce convincing materials to explain the open-source value proposition: “if this product is so good, how/why are you giving it away free?” 2.1
Standards should be set for CD pricing by approved distributors (see [[#CDROM_distros" CD-ROM distributors]]) 2.2
Develop the concept that the price of OpenOffice.org is contributing back to the Community (part of the Marketing Strategy for the Community). 2.3
Distribution (or Place) covers all aspects of getting the product to the end user and installed and operational on their PC.
Explore the logistics of giving something away - which can be just as complex as the logistics of a ‘paid for’ product. The Project has to consider the full lifecycle of: 3.1
getting the installation media to the end user
installation on the PC
putting the user in touch with whatever community resources are required to ensure OpenOffice.org delivers the expected benefits to the user.
Virtual distribution
OpenOffice.org website The OpenOffice.org website is the key to the distribution process, not only hosting the master downloads, but also signposting the other distribution channels.
The downloads section must be as simple to find and use as possible: the model is an Amazon-style ‘one click download’ for all users in their language / platform of choice. 3.2
The Project must encourage as many high-quality mirrors as possible, including emerging peer-to-peer networks like BitTorrent 3.3
CD-ROM distributors
Through MarCons, the Project should sign up CD distributors in all major geographies, especially those where broadband is not available. 3.4
The Project should be prepared to endorse distributors who sign up to certain minimum standards (pricing, quality) and offer free links from the OpenOffice.org website in exchange. 3.5
OpenOffice.org branded software has also been included in commercial office ‘bundles’(44). While welcome, these are less desirable from a Project perspective as they are more expensive, and dilute the OpenOffice.org branding.
CD-ROM giveaways (magazines, etc)
MarCons should identify the main ‘cover disk’ magazines in major geographies, keeping records of the magazines’ coverage of OpenOffice.org, and work with them in advance of every product launch to ensure full coverage of the new release. 3.6
The Project should build a library of ‘Starting with OpenOffice.org’ articles that can be offered to magazines to form the basis of articles to accompany cover disks. 3.7
Public Lending Libraries
MarCons should work to ensure OpenOffice.org is available in every public lending library where these exist in their territory. 3.8
MarCon(s) should be appointed for the Linux market and work to ensure OpenOffice.org is included with all mainstream Linux distros (specialist ‘minimal Linux’ distros are aiming for a different market). 3.9
Pre-installed software on new PCs
OpenOffice.org should target to sign up at least one ‘big name’ brand by 2005, and a further brand by 2010. 3.10
(see also the OPK action under Packaging)
As the OpenOffice.org community does not have funding, funded promotion currently is limited to ‘piggy-backing’ on Sun’s promotional activities for StarOffice plus whatever free promotional activity the community can come up with. The main challenge here for the Project is to make the best use of the resources it has, and to come up with an integrated approach, with all activities supporting the brand values following the same rules and spreading the same message.
The Project must agree the brand values with the Community Council and communicate them tirelessly to the Community 4.1
The Project should target ‘current non-consumers’ - a classic market for market disrupters 4.2
OpenOffice.org should capitalise on its position as the only fully-functioned, integrated open-source office productivity suite in the Linux market 4.3
The Project needs to communicate that OpenOffice.org is for MS-Windows users too 4.4
The Project should respond to Microsoft ‘bargain basement’ variants of MS-Office by stressing the full-function/open-source attributes of OpenOffice.org 4.5
The Project should plan promotional activities specifically targeted at users faced with an enforced upgrade from Microsoft. The message should stress the similarity of look and feel, ability to read MS-Office file formats, and additional benefits over MS-Office (e.g. tighter integration) 4.6
The Project should plan promotional activities specifically targeted at users worried about being caught with 'pirate’ copies of MS-Office. The message should stress the similarity of look and feel, ability to read MS-Office file formats, additional benefits over MS-Office (e.g. tighter integration), and the guaranteed open-source licence 4.7
The OpenOffice.org site is currently hosted by Collabnet using the SourceCast content management system. The funding for the site is provided by Sun, including hosting, bandwidth for downloads, etc. SourceCast is designed specifically to support remote collaboration on open-source projects, on similar lines to SourceForge(46).
Internal Project Users Various projects - including the Marketing Project - use the project tools provided by SourceCast for discussion groups, file repositories, etc. In this case, the site is serving internal project users, and the content generally fits well within templates provided by SourceCast.
Shop Window However, www.OpenOffice.org is not just a site for internal users. It is also OpenOffice.org’s main shop window to the world, for telling potential users about the product and the Community, how to acquire, install, and use the product, where to go for support, and how to become an active member of the Community. Without an external advertising budget, this is the advertising resource for the Project (see Advertising).
SourceCast is not as well suited for this general hosting activity, as the CMS templates restrict the look and feel of the site, and CollabNet also forbid the use of scripting languages such as php(47) to generate dynamic content.
Recommendations The ‘Shop Window’ element of the website is a key resource for the Project’s promotional activity. This Plan recommends that:
[http://www.openoffice.org] should host the shop window pages free from the restrictions of SourceCast. The content of the pages should be owned by the Marketing Project, with the mechanics provided by the Website Project. 4.8
NL-projects would be encouraged to have their own NL shop-windows in this same area 4.9
The internal project pages are generally well served by SourceCast, but should be moved to a new ‘root’ URI such as [http://community.openooffice.org]. Individual projects would have URIs as now (e.g. [http://marketing.openoffice.org]) 4.10
The Marketing Project pages should host as now the activities of the Project, plus the English language masters of all the Project collateral (see Product Marketing Material). 4.11
NL-projects would be encouraged to maintain translations of the Project collateral in their own project pages. 4.12
PR and Publicity
It is therefore recommended that only Project Leads or MarCons actually communicate with the press. This includes all areas of PR, such as corporate announcements, defensive PR, and marketing PR. 4.13
PR Tools
feature stories and interviews
speeches or appearances at seminars, conventions, etc.
local, regional or national talk shows and other programmes
online chats and forums
lobbying activities
social responsibility activities
a message related to OpenOffice.org’s features and benefits
a hook to make it newsworthy and interesting
a link to drive people to the OpenOffice.org web site
Proposed tactics for OpenOffice.org PR activities
Prior to a product release, encourage the press to download late beta snapshots
Find a good spokesperson to help promote OpenOffice.org
Always ensure that the OpenOffice.org website is featured in the release
Include the geek press, trade press and consumer press
Make sure there is some genuine ‘news’
Schedule press releases so that various media sources publish information that builds on itself and progressively includes new tidbits of information
Develop an interesting and fun idea centered around a release or upgrade - e.g. the naming of new releases
Offer co-sponsorships for media to OOoConf
It is proposed that this should be used primarily for: 4.14
‘pass it on’ - spreading OpenOffice.org usage from innovators to early adopters etc (see Figure 1 Product Acceptance)
encouraging uptake of new releases
encouraging users to become Community members
encouraging users to attend OpenOffice.org conferences
Without a budget, the main advertising platform for the Project is the OpenOffice.org website. All other promotional activity should be aimed at maximising the exposure of the website. However, it is important that the Project maintains other materials such as web banners, product flyers and posters, product packaging and inserts which can be used if an opportunity arises (see Product Marketing Material for details of specific actions).
OOoConf
Project leads should take responsibility for the success of OOoConf, either by personal involvement or by appointing a conference organiser (for responsibilities see box below) 4.15
Project responsibilities for a successful OOoConf
key responsibility - making sure there is a compelling reason for people to attend
making sure there is something newsworthy (PR)
making sure OOoConf addresses specific marketing objectives
Third Party Conferences Budget is a problem here again - however, MarCons should be aware of activities going on in their area where they might be able to put OpenOffice.org forward. For example, volunteering to speak at software conferences, professional associations, etc.
MarCons should actively recruit, support, and keep a register of volunteer speakers for meetings, etc. 4.16
Visual aids and presentation material should form part of the Project Library.
Product Marketing Material Supporting product literature and other Community collateral materials is key to many of the Project’s efforts. These items must present the OpenOffice.org image and message very clearly and professionally. Not only is the text and wording of the literature important, but also the visual image and quality that it projects.
Items that should be held in a central Marketing Project Library
Graphics: logos, web banners, CD-ROM labels and jewel case inserts, ‘built with OpenOffice.org’ images, posters
White Papers: Product Flyers aimed at various audiences; Release Notes
Screenshots: various platforms, languages
Impress presentations about OpenOffice.org
Case Studies: for each target market
Reviews: links to (favourable!) reviews in ‘quality’ on-line sources, especially those outwith the open-source ‘usual suspects’
Press Pack: a convenient bundle for time-starved journalists
Premium Items: artwork for mugs, T-Shirts, pens, carrier bags, etc.
What will the literature be used for (e.g. background on open-source / overall Community information / OpenOffice.org features and benefits / reasons to join the Community / etc.)?
Who is the audience for each piece (e.g. current or potential Community members / current or potential users / end users or decision makers for groups of users / etc.)?
What is the state of maturity of that particular market (see Figure 1 Product Acceptance?)
Who will develop the piece? what brief will they be given by the Project Leads and MarCons?
What is the copyright position of the artifact?
When will the piece become obsolete? what does it replace?
Commissioning artifacts from the artwork project, individual contributors, etc. 4.17
QA’ing submissions and maintaining these in a central library 4.18
Premium Items Premium items are the freebies given away at trade shows or other events. Again, as there is no budget available for these:
Project Leads should commission the artwork for producing mugs, T-Shirts, baseball caps, pens, carrier bags, etc from the artwork project, and maintain it on the project site in the hopes that local finance will be available for specific events. 4.19
Marketing Project Members
Project Leads should set up a mechanism for tracking this state of health, e.g. by recording the number of project members, the number of active participants in discussions, etc. 4.20
Technical Authors
Project members should encourage authors to produce works about OpenOffice.org 4.21
seeing books about OpenOffice.org helps spread the brand name
books generate reviews - further media exposure for the brand name
users who won’t use software without hard copy user manuals can be steered to third party books
Project Leads should be able to supply statistics about the number of users (i.e. potential readers). 4.22
“Giving is good” messages
We want you to share this with your friends,relative, schools, libraries, charities, government representatives
Who have you shared this with today?
I’m not buying, I’m sharing
What languages do you share in?
Give a little, get a lot
It’s all for you, and your friends too
Building the Plan
How this Plan was built
File:Fig 4.png
Version 1.0 of the Plan was then formally adopted by the Community Council by the end of 2004.
Figure 5 Strategy Development Process below illustrates the strands of work which have gone into this Plan, and how the various sections link together. It is intended as a roadmap for anyone wishing to take part in the ongoing strategic development work.
This document is copyright ©2004 by the OpenOffice.org Marketing Project. All rights reserved. Its contents may be used under the terms of the [Creative Commons Attribution-NonCommercial-ShareAlike] licence.
<span id="a01" />http://www.openoffice.org/about_us/milestones.html
<span id="a02" />OpenOffice.org uses a dual licence strategy for the source code: the GNU General Public licence and the Sun Industry Standards Source licence. See http://www.openoffice.org/license.html
<span id="a03" />See for example What is Open Source on http://www.oss-institute.org/
<span id="a04" />There is a good explanation of this and UNO technology at IBM’s DeveloperWorks site: http://www.ibm.com/developerworks/library/co-uno.html
<span id="a05" />http://www.oasis-open.org/committees/tc_home.php?wg_abbrev=office
<span id="a06" />For example MySQL AB, developers of the popular open-source database MySQL: http://www.mysql.com/company/
<span id="a07" />Andrew Morton speaking at a meeting sponsored by the Forum on Technology and Innovation in July 2004 - http://gcn.com/vol1_no1/daily-updates/26641-1.html
<span id="a08" />Monitored by the Statistics Project at http://stats.openoffice.org/
<span id="a09" />Unpublished paper from Erwin Tenhumberg soo_ooo_market_share_analysis_draft_21july2004.sxw
<span id="a10" />Reported in http://www.itworld.com/nl/lnx_desktop/05302002/
<span id="a11" />For example the comparison of Office suites in ZDNet UK June 2004 http://reviews.zdnet.co.uk/software/productivity/0,39024195,39158410,00.htm
<span id="a12" />e.g. Logotron’s SchoolOffice (education sector) - http://www.logo.com/cat/view/school-office.html
<span id="a13" />e.g. KaiOffice (Chinese) - http://www.kaisource.com/kaioffice68en/index.html
<span id="a14" />e.g. SotOffice (LBA-Linux)- http://www.sotlinux.org/en/sotoffice/index.php and NeoOffice (MacOS) http://www.neooffice.org
<span id="a15" />The ooo-build parallel fork is a good thing: it brings the notoriously unapproachable OpenOffice.org development process closer to what the rest of the community expects to deal with Linux Weekly News Aug 19,2004 - http://lwn.net/Articles/97549/bigpage
<span id="a16" />Christensen and Raynor The Innovator’s Solution http://theinnovatorssolution.com
<span id="a17" />e.g. OpenOffice.org is one of the main pretenders to the Microsoft Office throne, one of the few that can measure up to one of the most formidable office suites in the world http://www.itreviews.co.uk/software/s236.htm
<span id="a18" />Typical estimates give MS-Windows 95%, Mac OS 3%, GNU/Linux 2%
<span id="a19" />...Microsoft increasingly offers licenses to the larger key accounts at very attractive cut prices to beat the competition http://www.researchandmarkets.com/reportinfo.asp?report_id=222210&t=o&cat_id=4
<span id="a20" />Microsoft has been reprimanded over misleading advertising by the Advertising Standards Authority (ASA). The UK watchdog upheld complaints about a magazine advert which claimed that the open-source operating system Linux was more expensive than Windows. http://news.bbc.co.uk/1/hi/technology/3600724.stm
<span id="a21" />Microsoft: Linux is a threat, it may mean prices cuts and less business for us Jo Best, Silicon.com 03-Sep-04 http://software.silicon.com/os/0,39024651,39123685,00.htm?nl=d20040906
<span id="a22" />Microsoft Pushes Translating Its Programs into Developing Nations’ Languages Seattle Times July 2004 http://www.newsgleaner.com/site/news.cfm?newsid=12315035&BRD=2340&PAG=740&dept_id=226964&rfi=6
<span id="a23" />Microsoft has slashed prices on Windows XP and Office to join the Thai government’s ‘people’s PC’ project CNet Asia June 2003 http://asia.cnet.com/newstech/systems/0,39001153,39136847,00.htm
<span id="a24" />e.g. the now discontinued Javastation product
<span id="a25" />IBM’s new software is designed to be distributed and accessed through a Web server TechRepublic, May 2004 http://techrepublic.com.com/5100-6265-5209067.html
<span id="a26" />IBM Developerworks, June 2004 - http://www-106.ibm.com/developerworks/lotus/library/article/lwp20-features/
<span id="a27" />For example Anyware Office - http://www.anywareoffice.com
<span id="a28" />http://www.sun.com/products-n-solutions/edu/solutions/staroffice.html#Education
<span id="a29" />Open Source Lending CDs in Libraries: Howto, Bob Kerr, 2003 http://www.openoffice.org/nonav/issues/showattachment.cgi/11838/Open%20Source%20CD%20in%20libraries%20Howto.pdf
<span id="a30" />Circuit Riders: A technology support solution for the voluntary sector http://www.lasa.org.uk/cgi-bin/publisher/display.cgi?1358-7102-93792+computanews
<span id="a31" />Open source in the small and medium business sector Gavin Dudley, September 2004 http://www.tectonic.co.za/view_feature.php?viewid=2
<span id="a32" />Microsoft broken up BBC Business News Wednesday, 7 June, 2000 http://news.bbc.co.uk/1/hi/business/781852.stm
<span id="a33" />See for example http://www.strategicmanagementinsight.com/strategy-tools/pest-and-pestel-analysis.html
<span id="a34" />You can see that in places like China where they have this huge software market - $35bn in the next couple of years, according to IDC. They are endorsing Linux and paying stipends to the corporations there to use Linux, in an effort to try and keep the software business inside China. Carol Stafford, IBM worldwide vice president of Linux sales, July 2004. http://www.vnunet.com/analysis/1156787
<span id="a35" />See for example Nicholas Carr’s now infamous Harvard Business Review articleIT Doesn’t Matter in May 2003 http://www.nicholasgcarr.com/articles/matter.html
<span id="a35" />e.g. Within Australia the small business sector comprises around 97 percent of all private sector businesses and employs 49 percent of the total work force or some 3.3 million people. http://www.sbdc.com.au/documents/5.3/BECreview2003CommunitiesofEnterprise.pdf
<span id="a36" />Estimates from the Washington-based Business Software Alliance in July 2004 http://australianit.news.com.au/articles/0,7204,10071717%5e16123%5e%5enbv%5e,00.html
<span id="a37" />e.g. Oracle’s 2000 patent application for content management systems granted in 2004 http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/srchnum.htm&r=1&f=G&l=50&s1=6,745,238.WKU.&OS=PN/6,745,238&RS=PN/6,745,238
<span id="a38" />In Vietnam, the cost of MS-Office represents 1.4 years’ average local wages Miguel de Icaza, OOoConf 2003
<span id="a39" />For insights into this see http://www.it-analysis.com/article.php?articleid=12142
<span id="a40" />Microsoft estimates widely reported in the press in July 2004.
<span id="a41" />Jupiter Media reported in http://yahoo.pcworld.com/yahoo/article/0,aid,111616,00.asp
<span id="a42" />Forrester Research reported in http://www.consultingtimes.com/archives/2004_03.html
<span id="a43" />e.g. PC Treasures Inc’s Business Works Suite http://www.pctreasures.com/bundles/bussworkplus04.htm
<span id="a44" />e.g. Scotland, Europe - http://www.theregister.co.uk/2003/12/18/openoffice_cds_live_for_lending/
<span id="a45" />SourceForge at http://www.sf.net is the best known and most widely used repository of open-source projects. Several OpenOffice.org ‘spin-offs’ are hosted there such as OOoExtras
<span id="a46" />php - php Hypertext Processor - is a common open-source scripting language for web sites - see http://www.php.net
<span id="a47" />Thanks to Bob Kerr for this list http://marketing.openoffice.org/servlets/ReadMsg?list=dev&msgId=1489564
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Home > Faculty of Health Sciences > Public health in the Arab world > Migrants
The following links concern migrants in the Arab world. This page will be updated regularly so please visit often.
Suggest additional resources or tell us if a link is broken. Please write us at: phaw-admin@aub.edu.lb
Development Research Center on Migration, Globalization & Poverty
Esim, S and Smith, M. (2004) Gender & Migration in Arab States: The Case of Domestic Workers. International Labour Organization (ILO) Regional Office for the Arab States.Beirut, Lebanon (book, free download)
Human Rights Watch - Migration (choose countries to the right)
Internationl Organization for Migration - Middle East and North Africa
International Centre for Migration Policy Development (ICMPD) - Middle East and North Africa - Library
Migrant Labor in the Gulf - Center for International and Regional Studies, School of Foreign Service in Qatar (Qatar)
Migration Policy Institute - Middle East and North Africa
Population Policies and Expatriates and Migration Department ( migration publications) - Social Affairs Division League of Arab States
Sabban, R., Gender Promotion Programme, International Labour Office. (2002). “United Arab Emirates : migrant women in the United Arab Emirates : the case of female domestic workers.” GENPROM Working Paper No. 10 - Series on Women and Migration
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New Release – Avenza Maps 3.6
Avenza Maps v3.6 is now available for iOS and Android devices! This latest update includes new features and improvements based on user feedback.
A major theme for this release is navigation, as it introduces a suite of features in the new navigation tool set accessible in the new Map View toolbar. We have enhanced the app’s usability by adding the GPS and Tracking features to the new toolbar. The toolbar is easily accessible by swiping up in the Map View to reveal three options; GPS, Tracking and Navigation.
We’ve added some basic GPS location data to the toolbar including altitude information (frequently requested by users!) as well as bearing and accuracy information. Heading in a specific direction? Your course will change based on your average bearing to help keep you orientated!
What was previously the Record GPS Tracks feature has found a new home as the Tracking feature on the Map View toolbar (but it can still be accessed through the Map Tools in the bottom right). This tab includes some of the features from the GPS tab, and also allows you to track distance travelled, average speed and the duration of your tracks. Once you start tracking, swipe the toolbar down to reveal more of your map but keep those valuable tracking statistics viewable at the bottom of the screen.
Navigation within the app is intended to be a direct route to the destination (point-to-point). Navigation can be accessed in the new Map View toolbar but is also quickly available in the Map Tools (three dots) at the bottom-right of the screen.
Project Destination
Do you know the direction and distance to a particular location? Set the bearing and distance to your destination, and the app will place a placemark on the map as a guide. You can choose the bearing by either pointing your device in a direction (the heading will automatically be entered) or lock the compass and type in your own bearing. Select from different units of measurement for your distance like meters, yards, or even minutes by walking!
Navigate to Placemark
There are a few ways to navigate to an existing placemark on the map. Of course, you can select Navigate to a placemark in the navigation tab or you can elect to edit one of your previously placed placemarks on the map by tapping the Navigation button.
Enter Destination Coordinates
Know the specific coordinates of a destination you want to navigate to? We’ve got you covered! If you receive a set of coordinates you want to navigate to, use the Enter destination coordinates option which will place a placemark on the map, create a path between your location and the placemark as a guide, and bring up the navigation features to help lead you to your coordinates.
Once a navigation option is chosen, details such as speed, distance, and estimated time of arrival are shown in the navigation panel and can be accessed for the duration of your course by swiping the toolbar down. This will hide the compass, thereby allowing you to have a full view of the map and the course to your destination while still showing key statistics like speed, distance and the estimated time of arrival to your destination.
Cloud Import and Export Options
We’ve added more opitons for importing and exporting map features with support for cloud storage apps. When importing map features, and choose From Storage Locations to pull up every possible file storage option on your device. New options include Google Drive, OneDrive, Box and other third-party cloud storage applications.
You can now choose the declination for the app’s built-in compass as it now supports magnetic declination and magnetic north. Users can opt to switch to magnetic north in the Map View settings in the app.
Andrea Becker is a member of the Support team at Avenza Systems and is excited to help navigate users through all of the wonderful new features in version 3.6!
Tags: magnetic northcompassnavigationgpsAvenza Maps
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Open Source AWS Cloud Development Kit Eases Infrastructure as Code
AWS Cloud Development Kit (AWS CDK), an open source software development framework helping developers define cloud infrastructure as code using familiar programming languages, has emerged from preview to become generally available.
With the GA release of AWS CDK, those “familiar programming languages” include TypeScript/JavaScript and Python, while Java and .NET (C#) are still in developer preview. Developers can vote for their favorite languages to be included in the mix.
AWS says defining infrastructure as code enables developers to:
Keep infrastructure and application code in the same repository
Make infrastructure changes repeatable and predictable across different environments, AWS accounts, and AWS regions
Replicate production in a staging environment to enable continuous testing
Replicate production in a performance test environment that you use just for the time required to run a stress test
Release infrastructure changes using the same tools as code changes, so that deployments include infrastructure updates
Apply software development best practices to infrastructure management, such as code reviews, or deploying small changes frequently
Now, those benefits are enhanced with the ability of developers to use modern programming languages of their choice, with familiar tools like integrated development environments (IDEs), editors and so on.
“Personally I really like that by using the AWS CDK, you can build your application, including the infrastructure, in your IDE, using the same programming language and with the support of autocompletion and parameter suggestion that modern IDEs have built in, without having to do a mental switch between one tool, or technology, and another,” said AWS evangelist Danilo Poccia in a blog post today (July 11). “The AWS CDK makes it really fun to quickly code up your AWS infrastructure, configure it, and tie it together with your application code!”
He contrasted that with the typical text-based approach.
“Configuration files used to manage your infrastructure are traditionally implemented as YAML or JSON text files, but in this way you’re missing most of the advantages of modern programming languages,” he said. “Specifically with YAML, it can be very difficult to detect a file truncated while transferring to another system, or a missing line when copying and pasting from one template to another.”
To use the AWS CDK, developers author projects, which are executed to generate CloudFormation templates, via the AWS CDK command line or as part of a continuous delivery system.
[Click on image for larger view.] AWS CDK (source: AWS)
Regarding the latter, Poccia touted the benefits of the new release in DevOps workflows.
“Managing your Infrastructure as Code provides great benefits and is often a stepping stone for a successful application of DevOps practices,” he said. “In this way, instead of relying on manually performed steps, both administrators and developers can automate provisioning of compute, storage, network, and application services required by their applications using configuration files.”
The CDK can be found on GitHub, where developers can also find examples.
Cloud, News
Voicing play with Volley, where words are the gameboard and Amazon Polly brings the fun
Kumparan Enjoys Rapid Scale and Time to Market with AWS
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My Partner Ate My Socks: A Tale of Goatpacking
Goats are the perfect pack animals: agile, compliant, and low-impact beasts of burden. Right?
Casey Lyons. Photos by Julia Vandenoever.
Draco strains against the leash. He’s got his front legs splayed, his back arched and horns held stiffly high, his coin-slot eye staring me down. I can tell what he’s thinking: Keep pulling that rope, pal.
Clay Zimmerman, the man who rented me Draco and his comrades, Lunar and Eclipse, told me that I’d be communicating with the goats by the end of the trip. I’m pretty sure this isn’t what he meant.
I take a half-step toward Draco, then lean backward into the leash right on the “boy” of “That’s a good boy, Draco!” Draco shuffles his hind legs forward. And rests on his knees. I drop the leash and sit on a rock, removing my carefully chosen beige hat to sponge off some sweat. “You’d think I was leading the damn thing to slaughter,” I say to Julia, my companion. She lowers her camera (goat-struggle shot number 6,000) and looks at me. I don’t have to wonder what she’s thinking. “It’s time,” she says.
Time for the spray bottle, she means. Clay had warned me against this tactic. In fact, during the whole three-hour orientation he gave me, this was pretty much the only thing he said not to do. “To be clear,” I’d said, because clarity on this seemed important, “can I use the spray bottle for motivation?”
“Absolutely not,” was his quick answer. “Only for discipline.”
By this point on day two, we should be 10-plus miles into a 50-mile trek along the Highline Trail in Utah’s High Uinta Wilderness, but we’re still within sniffing distance of the trailhead, and I’m pretty sure the goats know it. I’m pretty sure they think if they hold out a little longer, maybe they can bring the whole thing down.
Certainly they’re making a good go at it. My attempts to move the pack string so far have escalated like the verbiage on overdue bills. Sunny enthusiasm gave way to bribery (I’d tried enticing them forward a few feet at a time by dangling treats in front of them—and went through the whole bag of alfalfa pellets in 20 minutes and 20 yards). Then came the plead-and-pull. The goats just chewed their cuds. Totally poker-faced. “The damn things are stonewalling me,” I said, maybe to no one. “They don’t even respect the hat.” (More on that later.)
“I’ve got a new idea,” I’d said to Julia about an hour earlier in almost the exact same spot. “The goats seemed scared of the dark last night. They really hung close to us in camp, right? Maybe if we try to night-hike them, they’ll be too scared not to follow.” Julia encouraged the plan in such a way that I could tell she thought it sucked. The ideas were getting worse. The goats, too. At every chance they got, they’d about-face and hike the other direction. Draco always in the lead.
Draco. At 185 pounds, with splotches of black, white, and beige and a long white stripe running down his nose, he’s the runt of this pack string. Lunar, the largest, outweighs him by 30 pounds, and Eclipse sits somewhere in the middle. Draco stands aloof from the group, exuding annoyance at the amateurishness of all this. I’m thinking he’s the alpha. I’m thinking there’s no better way to change their minds about who’s in charge than to depose the apparent leader. I’m thinking, Casey Lyons, beastmaster.
But when I attempt to put Draco in his place by hauling him into the lead, past Lunar and Eclipse, Lunar lowers his head and gives him the horns, sending me crashing through a stand of saplings to avoid getting gored. I make a go at Lunar, but moving him is like trying to push-start a tank.
Our options are exhausted now—except for the one. Julia’s been lobbying for the spray bottle for an hour, but up to this point I’ve been reluctant to break Clay’s one rule. And then, sitting trailside on that rock, I experience one of those moments of profound, trip-saving clarity. “What if,” I say to Julia, standing and placing my hat back on my head. “What if, instead of spraying them to get them motivated, we use the bottle to discipline their bad behavior?”
“Which is being unmotivated.”
“I like where this is going.”
We choose Eclipse, who always seems to be hiding behind something. Julia switches the spray bottle to stream and holds the nozzle a millimeter from his snout. When I pull and he doesn’t come, she bellows forth a bird-scattering “No!” and gives him the business.
It’s like someone shot him out of a cannon.
Let me just say that hiking with goats wasn’t always on my radar. I’d always been interested in the animals, in a spectacle, watch-it-eat-a-tin-can kind of way. But when I heard about goatpacking, I had visions of myself skipping through flowery, alpine fields with just a daypack while a loyal and proud goat followed me like, well, a dog. A dog with a beard and horns. So basically a demon dog. But, you know, friendly.
Nights, my new goat friend would lie by the campfire and I’d lean against him and snack on goat cheese produced by one of his many offspring. Something—definitely not mutton—sizzling on a spit. After dinner, I’d produce my pan flute, and play ancient songs under the bowl of stars—fertility songs, or something about Dionysus and wine, maybe.
And since I am a sucker for wine, cheese, and easy hiking, I was a prime candidate for goatpacking. But don’t think it’s out of (pure) laziness. I once schlepped 60 pounds of water and a birthday cake into Colorado’s Great Sand Dunes National Park after the others I was with had weight-related meltdowns. That time I was the mule. Now I wanted to be on the other side. Plus, goatpacking spoke directly to the part of me that scored “shepherd” on a career aptitude test in college. I needed to try it.
A growing number of hikers have had the same itch over the last decade. They come for the goats’ trail strengths (unlike horses, donkeys, and llamas, the beasts are easy to corral, walk the same pace as people, and since they graze as they go, you don’t have to feed them) and stay for the companionship. Each summer, a small but fervent subculture of goatpackers meet up to swap tips, stories, and sperm from promising sires at a yearly rendezvous put on by the North American Pack Goat Association. The organization counts upwards of 100 members and rising.
In California and the Pacific Northwest, you can hire a wrangler and his flock to transport your gear. But there’s only one person in the country who, for $30 per goat per day (two-goat minimum), will let you take them for a spin all by yourself.
What self-reliant backpacker wouldn’t want to try the DIY version? But first, I needed the perfect hat, an emblem of my authority. Like a Boy Scout leader, or a forest ranger, or a statie, it would have to say, “Here is the kind of man we can follow, unquestioningly, because he has the foresight to protect his neck from the sun.” Something that has visual weight, like a goat’s horn package. And, for me to fit in, it’d have to match their color palette: beige.
That’s how the deluxe Tilley hat and I ended up on Clay’s front porch on a hot July day, looking at a man who looks like a goat. His head is narrow but long, topped with a dense thicket of close-cropped hair, and his set, square jaw hides a row of big teeth that look like they could work a cud. He tells me he’ll grow out the goatee when he retires from the US Civil Air Patrol in a few months.
The other thing peculiar about Clay is his voice, big and booming enough to carry across open canyons, which comes in handy for summoning wayward animals. He has the bearing of a career military man with an answer for everything. “Don’t ever touch their horns,” he tells me. “They think of it as a challenge.” And, “Goats hate water. They will do anything to avoid getting their feet wet.”
Then he puts on his beige, full-brimmed hat (for I have chosen wisely) and takes me around back, where his “boys”—all 20 of them—hang in the fenced-in acre that looks like a petting zoo. “Boys” might be misleading. “Boys” makes me think of rec soccer teams and Little League. If regular goats are boys, these dudes are outlaw bikers. It’s not just their on-board weapons (horns); they look like mythical creatures with oversized goat bodies grafted to horse legs. That is exactly the point: Good packers are the tallest and most “gung-ho” (Clay’s word) of the lot. And Clay is their leader. They flock to him, bum-rushing the door to their pen, horns and goatees everywhere. A few let out desperate, longing bleats.
Then, like some pastoral version of Santa, he calls them out by name: There’s Orion, Glacier, Elf, Mask, Wiley, Vulcan, Black-Jack, Tank, Truck, Kiko, Buck, and of course, Bob. He separates out my goats—three of his best packers, he says: Draco, of the Alpine breed, and twin brothers Eclipse and Lunar, both Alpine/LaMancha mixes (and kind of a package deal, hence three goats for our group of two—one per person usually does it). When I pet Lunar, he showers skin flakes from a few saddle-worn spots. It’s like stroking someone’s pet dog—that’s been stuffed for a decade.
Before we can see Rock Creek late on our third day, we can hear it. We drop our packs and the spray bottle at the bank. It doesn’t look far across, maybe 15 feet, but the water is roaring and there’s no sign of stepping stones.
I go in alone first to scout. The creek is freezing—it drains an alpine lake basin, after all—and by my third step I’m in knee-deep. The creek bed, which is obscured below whitewater, is a jumble of semi-smooth river stones. But with a hiking pole for balance and burdened by just a daypack, it’s an easy crossing. I want to say I feel compassion for the goats, bringing them face-to-face with a genetic-level fear like this, but that’d be lying. They’ve been putting me through stubborn hell for half a week, and now it’s payback time.
I’m on the far bank, toweling off my feet when I hear splashing. It’s Julia! And she’s got Eclipse!
She’s a third of the way across by the time Eclipse’s front hoof touches the water, and the force of his balk jerks her to a stop. She wobbles like a drunkard but then, her face flushed (I wasn’t the only one thinking “payback”), she furrows her brow, pulls the leash up onto her shoulder like an old sack, and lurches forward. Eclipse is powerless against momentum like this.
And then the pair is ascending the bank in front of me, like a train running on rage. At the appropriate distance, the leash connecting Eclipse and Lunar jerks taught and he comes. Then Draco’s in the drink. Then we’re across.
And then, maybe 50 yards later, the goats start getting vocal again as we climb away from the river. The bleats grow more savage and depressing as we climb. Suddenly, Eclipse’s knees quiver and his weight teeters forward. He lands hard on his chest, and his head whips forward from his neck and thuds on the ground. Then his tongue rolls out. “So, uh,” I say to Julia. “I think Eclipse might be dead.”
She’s silent.
“Oh, man. Clay’s going to be so pissed.
Still silent.
I pan the scene—a 200-pound animal lying across the trail, its eyes with as much life as the lamb in the butcher shop window.
“What, uh,” I begin, because I am a beige hat-wearing man of solutions. “What should we do with the body? I mean, clearly, we have to take the pack, but, uh, I don’t even know if we can roll him off the trail.”
In Julia’s continuing silence, I remove my hat. Then there’s movement. Eclipse, always hungry, is sliding his head along the ground so he can side-mouth some purple flowers. “He lives!” I say.
And then, perhaps propelled by fear, perhaps because they can smell the far trailhead now, we find a rhythm. Julia and I walk ahead, and the goats, now unleashed, follow just far enough back to keep us within earshot. We stop to wait for them and holler to let them know where we are, then listen for the bells they wear around their necks. From time to time, we hear a distant clinking accompanied by frantic bleating, and we backtrack to find some goat afraid of some puddle. We walk at an overall speed of 1 mph—their pace. They lead us from behind. I have long since packed the hat.
It’s clear now: They’re in charge. In camp, we set down our packs in a grassy meadow. Brown-rock ridges surround us on all sides. Highlights of snow persist in the high-alpine shadows. I remove the goats’ 30-pound packs (an even split between the three of them). Then, I brush and preen the trio one by one. I sink a stake into the earth and tie them to it so they don’t wander off. As we prep dinner, the goats’ bleats are whisked away by the breeze—not exactly the pastoral scene I was imagining, but darn close. More important, the easy pace and light pack let me enjoy the evenings and our bottle (glass!) of peaty scotch, rather than grouse about doing chores after a long day. I’m starting to feel something like companionship as I watch them there working their cuds, indifferent to the mosquitoes and me, doing their thing—sort of like I might feel toward a dog. A dog with a diva temperament that doesn’t really like me. So, you know, the neighbor’s chihuahua.
On our final morning, we hike down to Moon Lake, which is thrumming with car campers. We are a sight to behold. “What’s it like hiking with them goats?” a guy asks as we pass. “Harder than it looks,” I answer, which at this point is true. We’re in lock step. We can now anticipate the goats’ confusion; we have them in the correct order—Lunar, Eclipse, Draco—we’re not taking their miscues personally, and we know that we can only go as fast as they can.
Charlotte, Clay’s wife, is waiting for us with the trailer when we get to the trailhead—somehow, despite everything over the last few days, within 20 minutes of when we’d anticipated. We load up and tell her about the trip. She considers it—the slow pace, the difficulties with motivation—then she tells us what she and Clay realized not long after we’d started: A pack goat is ready for the trail at age four, hits his prime at age seven, and is ready for retirement by 10. Both Lunar and Eclipse are 10; Draco is 11. Or, as Charlotte says plainly, “Those goats are old.” In the effort to give us experienced animals, they’d given us ones that are, quite literally, ready to be put out to pasture.
We part ways at the Salt Lake City airport as passersby wonder what a trailer full of goats is doing curbside in departures. I can hear Draco, Eclipse, and Lunar bleating softly as we walk away, but I resist the urge to turn. Sometimes the leader’s grasp over the led—no matter how unshakable it looks—is just a matter of managed perceptions. I tell myself they bleat for me. Casey Lyons, beastmaster.
Senior Editor Casey Lyons only wears the beige hat for his wife now.
My Partner Ate My Socks!
A goatpacking adventure in Utah’s High Uinta Mountains.
Tales Of A Wilderness Rescuer
After you've spent a cold, drizzly, miserable night searching for a lost or injured hiker, sometimes a few simple words of thanks make it all worthwhile.
A Ghost Among Us
One woman's journey to the brink of what's possible on the Pacific Crest Trail.
True Tales of Terror From the Trail
The scariest thing about these stories from Backpacker editors and readers? They really happened.
Trail Tale: Encountering A Wolfpack
A Midwest reader runs into a full wolfpack in Isle Royale National Park
Ask A Bear: Why Did You Steal My Empty Pack?
Our resident bruin expert answers all your questions in our weekly feature, 'Ask A Bear.'
How A Canoe Stroke Changed My Life
A mom's lesson to her 8-year-old son yields a lifetime of wisdom.
Love on the Rocks: Hiking Italy's Alta Via 2
A trek through the Dolomites just might be the most romantic hike in the world. If you're lucky.
Tales from the Trail: My Raining Bear Story
This day was everything from shocking to scary and now, even a little humorous.
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A Session With Frightened Rabbit
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Backyard Skulls
Candlelit
Musical tastes fluctuate with the seasons. As the summer ballads have long since escaped our playlists, we've smoothly transitioned into a hearty diet of earthy and emotive tones. The warmth of an acoustic guitar and the poignant poetry of an inconsolable Scot is our ideal accompaniment to a steaming cup of cocoa sipped near a roaring fire. And according to our research, the moody allegory of Scott Hutchison and Frightened Rabbit's February 2013 release Pedestrian Verse perfectly suits this wintery state of mind. This is why we were thrilled to have hosted the group during a recent swing through New York City where they occupied a cozy Brooklyn library with a few of their awakening tunes. We hear Hutchison's stubborn yet cleansing confession in "Holy", the skeleton in the closet "Backyard Skulls", and the Game of Thrones-inspired "Candlelit". Luckily, there was no librarian to hush this incredibly charming session.
10.24.2013 Frightened Rabbit at Brooklyn Art Library
While you read to me from the riot act
way on high, high,
Clutching a crisp New Testament,
breathing fire, fire.
Will you save me the fake benevolence,
I don't have time, I'm,
Just too far gone for a-tellin', lost
my pride, I don't mind.
Being lonely,
So leave me alone.
Well, you're acting all holy,
Me, I'm just full of holes, full of holes.
Well I can dip my head in the river,
Cleanse my soul, oh.
I'll still have the stomach of a sinner, Face like an unholy ghost.
Will you save me all the soliloquies?
Paid my fines,
And I'll be gone before my deliverance
Preach what you like, I don't mind,
You're acting all holy,
Me, I'm just full of holes.
Full of holes.
Don't mind being lonely,
Spare me the brimstone.
Acting all holy,
When you know I'm full of holes.
Don't need to be told.
Stop acting so holy,
I know I'm full of holes.
I don't mind being lonely,
Won't you leave me alone?
Are you, oh, so holy,
That I'll never be good enough?
Don't care if I'm lonely,
Cause it feels just like home.
I won't ever be holy,
Thank God I'm full of holes.
I'm full of holes.
into the category of songs that made me, ... you know, there was a-, there was a period of time where I, certainly sort of drifted-, drifted off the map a little bit and I was receiving advice from friends and essentially not listening to it.
And I think, you know, Holy is about being that time, being a slightly belligerent fool.
But you know for-, for my own reasons I guess.
Second one, Backyard Skulls was a bit more open.
That was inspired by a-, a novel that I read by a Scottish writer called Chris Brookmyre.
He is a-, he is a very funny crime fiction writer.
And he-, they solved one of the crimes by t-, using aerial photographs to find old-, old buried bodies.
And I thought about that, you know like, there is-, there is-, there is skeletons in the closet and then there is bodies in the backyard and then the skeletons in the closet are maybe like not quite as bad as the bodies in the backyard, you know, those particular secrets.
And they're also like, the idea that they are buried but-, but at any point of time can be found, you know, that's-, that's the sort of nature of a secret or a lie, you know, it's-, it's never gonna go away really.
So that's the idea.
All our secrets are smothered in dirt,
underneath paving stones
Lying waiting to be told
Some stay hidden, whilst some get found
Like a long lost soul, like a skull beneath the ground
Backyard skulls, deep beneath the ground
All those backyard skulls, not deep enough to never be found
Here lies the first time I was wrong
And yet there's still no sign, no X's
mark this spot
The ancient encounters with foreign skin
All but perished by now, but you can't
erase the grin from the
Backyard skulls deep beneath the ground
All those backyard skulls, not deep
enough to never be found
Through patio doors, lies century upon
Of skulls untold, hushed as suburban
And below our homes, underneath the
lawns we keep
White silent skulls are smiling at the
The backyard skulls, deep beneath the
All the backyard skulls, are not deep
Deep enough to never be found
- And the third one was Candlelit, which was, inspired by Game of Thrones, I was watching a lot of that-, a lot of that TV show - ... think you need to change that backstory.
- It's true though, it's true.
I was thinking about ... I wanted to write, certainly not condoning violence, but I wanted to write like an ultra violent love song and that.
But-, but the whole, I guess it-, the ethos of it is, like, you know, people should fight for things that they love and that they want, you know, no-, not physically fight but really, you know, I guess in other ways.
Love's checkered past
Is littered with violent acts
And the blood that fills countless baths
Each drop drawn in her name
In this modern age
The image of valor has changed
But I'm ready and willing to wage
A gut-wrenched war
For a minute of your time
I'm done playin' stone-paper-scissors
Gonna take that stone and bring 'em all down with it
Steal those scissors and cut some throats
Put pen to the paper and I'll write you a note
I won't get in line
I will not wait for this
With my bare hands I kill
Just to be candlelit
I have no checkered past
I've never been a violent man
Well maybe you've changed all that
Each scar I carve is in your name
So let the suitors come
I can see them off, one by one
Open every last artery up
Just for a second of your time
Gonna take that stone and bring 'em all
down with it
Steal those scissors and cut some
Just for the privilege
Look at the blood bath
Look at the mess I have made
With my bare hands I've killed
Oh I'd kill for one
I'd kill for one night candlelit
I'd kill for one
For Scott Hutchison, the songwriting inspiration can come from anywhere.
From a Scottish sitcom about a larky soldier who's served in Iraq. A break-up, his own usually a recurring theme, it seems, judging by the incisive, compelling accounts of heartache sprinkled through Frightened Rabbit's three previous albums, Sing The Greys (2006), The Midnight Organ Fight (2008) and The Winter Of Mixed Drinks (2010). A shit family Christmas that only got worse come Boxing Day. Or from a room-full of American fans main-lining a long-lost Celtic connection while also hoovering up a powerful British indie-rock band with a folk heart and a soulful love of their heritage. Frightened Rabbit are proudly Scottish, and adored on native soil, but their songs also seem to take on greater resonance and power the further from home they travel.
Ideas might have come on any one of the ten or so US tours undertaken by the band, each bigger, noisier, rowdier, more special than the last there aren't many British bands who can match Frightened Rabbit, formed by this thoughtful former art student nine years ago, for the level and intensity of their American success. Or they can come via a hero peer on the Scottish music scene, in this case onetime Arab Strap dipso-poet Aidan Moffat.
Or Hutchison will take inspiration from the shortcomings he himself sees in the songs he wrote for his band's last album.
"With 'The Winter Of Mixed Drinks' and what I tried to do there" begins Frightened Rabbit's founding member and singer, "and the things about that I didn't like that I wanted to make better this time The last record was purposefully open and vague in its imagery. But I wanted to write dense poetic songs again. And that was a kick off into 'State Hospital.'"
It serves as the curtain-raiser to a few things. The five-track State Hospital EP, released this September. Frightened Rabbit's upcoming fourth album, Pedestrian Verse, will be released February 5, 2013 in the US. And to the band's new relationship with Canvasback Music/Atlantic Records, a deal forged eight years after Selkirk native Hutchison started the band with his drummer brother, and after three albums made with respected indie Fat Cat Records.
"I feel very creatively liberated on Atlantic," says Hutchison, a man who with bandmates Grant Hutchison, Billy Kennedy (guitar, bass), Andy Monaghan (guitar) and Gordon Skene (guitar, keyboards) has almost a decade's experience building his band, cultivating a fan-base, improving their chops, and doing these the old-fashioned way: touring.
Earlier this year, the five-piece was ready to make their fourth album. But their producer of choice wasn't available, and Hutchison was kicking his heels. And that, too, fed into a song. "Home From War" was partly catalysed by the original pilot for Gary Tank Commander, a Scottish comedy that has gone on to become a cult show north of the border.
"He's a guy back from Iraq and he's just bouncing about, he's got nothing to do, doesn't know what to do with his life any more. 'Cause he's been structured and regimented for that amount of time. It's really funny but I found it quite interesting and sad."
Suitably inspired, and rather than sit on their hands, this past February the band hired a house in Kingussie in the Scottish Highlands and trucked a load of instruments and studio gear up from Glasgow. They then spent three weeks writing and playing and recording and writing and playing some more.
Three songs were immediate keepers: "Home From War," inspired by that aimless squaddie, a Pixies-meets-Coldplay giant that's sure to become a live favourite; "Off," an intimate, chorally atmospheric tune written in one quick afternoon; and "Wedding Gloves," a yarn about a couple who try to rekindle love by digging out and putting on their matrimonial garb. It's narrated by Moffat, to whom Hutchison entrusted the writing of the verses.
"He totally got what I wanted," beams Hutchison, who finagled the ex-Arab Strap man's involvement via a drunken, late-night email. "He said to me, 'Right, you want me to be a sexual Yoda?' I was like, 'Aye, if you like!'"
Come this past May, Frightened Rabbit's producer was finally available. Leo Abrahams was Brian Eno's assistant for 11 years, so on top of being a great guitar player, he's a man well-versed in free-thinking. "He was definitely up for shaking things up, and he has plenty of soul and understanding" all perfect qualities for the band's new songs and fresh perspective.
A month in Monnow Valley studio in Wales did the job. The EP's opening two songs, "State Hospital" and "Boxing Day" the latter a mordant yet defiant account of that Yule hell have been pulled from those sessions.
Only "State Hospital" will appear on Pedestrian Verse. Hutchison is understandably keeping the just-completed album under wraps for now. But he will say that "State Hospital" "informed the rest of the album," and that the bulk of the other songs "have a different atmosphere" from the remaining new songs on the EP. "I don't know how to describe it I mean, we did consider them all for the album, but they just didn't work. But I was really fond of what we got out of those three weeks of creative freedom."
Next up: an "underplay" tour across the pond, in which Frightened Rabbit purposefully slip back down a few rungs on the gig circuit ladder, playing small UK and Irish venues they've long since outgrown. For this British band with a huge following stateside, it'll be a challenge, but a wholly rewarding one.
It's just how Hutchison likes to do things stretching himself, pushing his skills and the band, taking nothing for granted and believing, always, that there's everything to play for. Why else give an album the title Pedestrian Verse?
"I scribbled that on the front of my notebook on the first day of writing songs for the new album," he recalls with a smile. "It was like throwing down the gauntlet to myself. Call your album Pedestrian Verse and you just leave yourself open to people going, och, that's a bit boring So," he smiles, "I couldn't write anything dull."
POST | In Appreciation of Scott Hutchinson and The Music Of Frightened Rabbit
Frightened Rabbit's Scott Hutchinson is dead at the age of 36. We spelled the band's name wrong on the chalkboard....
POST | THROWBACK THURSDAY: A Session with Frightened Rabbit
We recently caught Scottish indie rock band Frightened Rabbit at The Meadows Festival last weekend and honestly, we can't get their performance out of our heads....
POST | Frightened Rabbit Reach New Heights On Colbert
Stephen Colbert opened up The Late Show to host the Scottish rock quintet Frightened Rabbit, and with just one song, "Get Out," they rocked the studio with an absolutely immersive and earth-shaking tone with some seriously pristine live quality....
POST | Frightened Rabbit And The Art Of Airing Grievances
In addition to stirring hearts with their beautiful, three-song acoustic session we recently caught up with Grant and Scott, the brothers Hutchison, of Scotland's Frightened Rabbit to discuss the roots of their songwriting, the personal qualities that seem to percolate about their craft, and how their newest album, Pedestrian Verse, turned the focus away from Scott Hutchison, the writer, to Frightened Rabbit, the band....
POST | Frightened Rabbit Recite 'Pedestrian Verse' at Brooklyn Library
Musical tastes fluctuate with the seasons. As the summer ballads have long since escaped our playlists, we've smoothly transitioned into a hearty diet of earthy and emotive tones....
POST | Frightened Rabbit Performed 'Holy' with Unorthodox Instruments on 'Worst Gig Ever'
Frightened Rabbit sat down with Mike Pace and Geoff Garlock to reflect on a bizarre performance in Sin City on the latest episode of Worst Gig Ever....
POST | COMING SOON: A Session with Frightened Rabbit
Back in February, we described Frightened Rabbit's fourth studio album, Pedestrian Verse, as "a tapestry of carefully crafted verse and gracefully epic instrumentation, stitched with the shortcoming of humankind and laced with the vulnerabilities of love....
POST | Frightened Rabbit Doles Out 'Candlelit' Acoustic Performance
Yesterday we posted the stream of Frightened Rabbit's somber new single "Candlelit", and today during a routine scroll through our YouTube subscriptions, we caught this upload of Scott Hutchison strumming away the same beautiful tune....
POST | Frightened Rabbit Share Somber New Single, 'Candlelit'
After releasing full-length Pedestrian Verse earlier this year, Scottish folk-rock icons Frightened Rabbit are right back on the horse preparing to release a new EP, entitled The Late March, Death March a few days after they kick off their extensive U....
POST | Frightened Rabbit
Pedestrian Verse
Frightened Rabbit's fourth studio album is a tapestry of carefully crafted verse and gracefully epic instrumentation, stitched with the shortcoming of humankind and laced with the vulnerabilities of love....
POST | Album Review: Frightened Rabbit
POST | No Longer Frightened: An Interview with Frightened Rabbit
There's something different about Frightened Rabbit this time around. Maybe it's the more serious tone of the songs on their fourth record Pedestrian Verse, or perhaps it's the maturity of their songwriting, but Frightened Rabbit's new album sounds vastly more polished than their previous records....
POST | Watch Scotland's Frightened Rabbit in a Rustic Acoustic Session
In support of their fourth studio album, Pedestrian Verse, Scotland's Frightened Rabbit visited our fellow session specialists from across the pond, The Line Of Best Fit....
POST | Frightened Rabbit's Back With 'State Hospital'
The Scottish rockers Frightened Rabbit are prepping to release their first tracks under Atlantic Records on 9/25, and yesterday we finally got a little taste of what's to come....
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January Newsletter – Biomarker Detection with Aptamers
December Newsletter – Aptamers in Flow CytometryFebruary Newsletter – Detecting Chemical Contaminants with Aptamers
In The January Issue
• New! BLI Affinity Determination Service from Base Pair
• Advantages of Biomarker Detection with Aptamers
BLI Affinity Determination Service
The determination of aptamer-target binding characteristics is an important tool in the aptamer discovery process. Bio-Layer Interferometry (BLI) calculates an association constant, dissociation constant, and affinity constant for evaluation of lead aptamer candidates and identification of complementary aptamer sequences. BLI affinity testing is available as part of Base Pair aptamer discovery projects OR as a stand-alone service. Whether you have discovered aptamers with Base Pair, in your own laboratory, or with another research team, Base Pair can assist with affinity determination.
Learn more about BLI and affinity testing at Base Pair.
Antibodies have been the go-to affinity reagent for biomarker detection for many years, but antibodies are not an ideal solution for all targets and applications. Aptamers (small strands of ssDNA or ssRNA with selective binding) offer some unique advantages that are increasingly being applied to detect difficult targets. Because aptamers are selected in vitro, they can be raised against toxic compounds, toxic metabolites, or infected cells that would not be tolerated in a biological system.
Aptamer discovery is often faster and less expensive than antibody development.Once selected, aptamers are chemically synthesized, yielding excellent lot-to-lot reproducibility. Whether selected for binding to a specific target (protein, peptide, toxin, small molecule, etc.) or a specific cell type, aptamers can be selected to differentiate between highly similar molecules. From diagnostic imaging to histology to blood/urine sample analysis, aptamers offer specific advantages in biomarker detection.
In Vivo and In Vitro Imaging for Detection of Cell Surface Biomarkers
In vitro tissue analysis (IHC, IF) is currently the primary method for tumor diagnosis (1). While many oncology biomarkers have been identified, there is a critical need for biomarkers for earlier detection of many forms of cancer along with more sensitive non-invasive screening methods. While antibody development typically starts with a purified target, aptamers can be selected against a purified target or a cell type of interest, without prior identification or isolation of a specific cell surface target, accelerating the process of biomarker discovery. (Learn more about Cell-SELEX and biomarker discovery.)
Selected aptamers can be labeled and used to detect target cells in vivo and in vitro. Aptamers have been used to selectively detect tumor-related tissue versus normal tissue in immunohistochemistry (IHC) and immunofluorescence (IF) (1,4). They have been used to assess fresh post-operative tissue, frozen tissue samples, and formalin-fixed, paraffin-embedded (FFPE) tissues, though not all aptamers have worked for all sample types. Labeled aptamers have been applied in near-infrared (NIR) imaging, MRI, and CT-scans, showing an enhanced ability to access targets in dense tumor tissue (5,6,7). (Read more about aptamers for in vivo imaging.)
Because aptamers are non-immunogenic, there is no interference with processes being studied
Small aptamer size ofers enhanced penetration of tumor tissue and access to cell surface targets for improved imaging
Aptamers can be labeled with a wide range of molecules with no loss of selectivity or function
Several aptamer modifications are commonly used to delay clearance, extending stability in vivo
Biosensors for Point-of-Care Testing
Rapid detection and treatment is important in many clinical areas. Existing laboratory tests can often take several hours and sometimes days, with additional time for processing through a central laboratory. Point-of-care tests to identify high-risk patients and accurately diagnose disease would expedite treatment and improve outcomes. Small aptamer size, stability, and rapid in vitro development make aptamers ideal affinity reagents for biosensor development.
An international team of researchers has developed aptamer-based electrochemical biosensors for the detection of two cardiac biomarkers, brain natriuretic peptide (BNP-32) and troponin I (cTnI), in serum. Both sensors demonstrated sensitive detection (1 pg/mL) and a broad dynamic range (≥ 4 logs). Biosensor detection was completed in just 30 minutes and biosensors were successfully regenerated with a 20 minute incubation in NaOH, enabling repeated testing over an extended time using a single biosensor. These particular biosensors showed comparable sensitivity to current antibody-based tests and successful analysis of undiluted serum (3). Development of multi-electrode systems for testing of a panel of biomarkers will enable rapid point-of-care diagnosis and extended treatment monitoring.
Small aptamer size enables close proximity to sensor surface for enhanced detection
Easily immobilized on a wide range of surfaces or conjugated for detection without loss of activity
Thermal and chemical aptamer srability enables extended monitoring and re-generation of aptamer-based biosensors
Plate-Based and Lateral Flow Assays for Detection of Circulating Biomarkers
Antibodies are widely used for the detection of circulating biomarkers via ELISA and other plate-based assays and lateral flow tests. While antibody-based assays are very sensitive, there are sometimes concerns related to non-specific binding, antibody instability, and batch-to-batch variability. Developing antibodies to non-immunogenic or toxic compounds is also a huge challenge. For these reasons, researchers are increasingly turning to aptamers.
Researchers at the University of Illinois have developed a lateral flow assay (LFA) for detection of cortisol, a small steroid hormone (362 Da) that is elevated in response to stress. The lateral flow assay utilizes aptamer binding to gold nanoparticles. Cortisol in the sweat sample causes dissociation of the anti-cortisol aptamers from the gold nanoparticles, enabling gold nanoparticles to bind cysteamine at the test line. If no cortisol is present, the gold nanoparticles are shielded by anti-cortisol aptamers and cannot bind at the test line. The lateral flow assay was designed for detection in sweat. The lower limit of detection is 1 ng/mL, well below the normal range of 8 – 140 ng/mL (2). Selective aptamers can be designed for use in competitive LFAs and plate-based assays for a wide range of small molecule biomarkers and metabolites.
Aptamers are easily selected for binding to non-immunogenic small molecules, toxic compounds
No antibody-related non-specific binding, including heterophilic antibodies and anti-species antibodies
Thermal stability enables field-based detection in a wide range of climates
Chemical synthesis offers improved batch-to-batch reproducibility and reduced regulatory concerns versus bioproduction
Custom Aptamer Discovery
Base Pair has experience discovering aptamers to a wide range of targets, including proteins, peptides, small molecule drugs, metabolites, toxins, and live cells. With Base Pair’s patented multiplex SELEX, aptamers to multiple targets can be discovered in a single SELEX protocol.
Contact Base Pair today to learn more about selection of aptamers for biomarker detection.
Bauer, M. et al. The application of aptamers for immunohistochemistry. Nucleic Acid Therapeutics. 2016. 26(3):120-6.
Dalirirad, Shima and Andrew Steckl. Aptamer-based lateral flow assay for point-of-care cortisol detection in sweat. Sensors and Acuators B: Chemical. 2019. 283: 79-86
Grabowska, I, et al. Electrochemical aptamer-based biosensors for the detection of cardiac biomarkers. ACS Omega. 2018. 3:12010-12018.
Zamay, G.S., et al. DNA aptamers for the characterization of histological structure of lung adenocarcinoma. 2017. 6:150-162.
Zhao, M., et al. In vivo fluorescence imaging of hepatocellular carcinoma using a novel GPC3-specific aptamer probe. Quantitative Imaging in Medicine and Surgery. 2018. 8(2) :151-160.
Zhang, Y. et al. Aptamer-targeted magnetic resonance imaging contrast agents and their applications. Journal of Neuroscience and Nanotechnology. 2018. 18:3759-3774.
Zhu, H., et al. Aptamer-PEG-modified Fe3O4@Mn as a novel T1- and T2- dual-model MRI contrast agent targeting hypoxia-induced cancer stem cells. Nature: Scientific Reports. 2016. 6:39245.
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MPFree - June 2015
Shannon and the Clams – Corvette
Tuesday 30 June, by Frank Palmer Team Laverne
Phew! Don’t worry, guys – after a short Glasto-related break, we’re back to delivering free music directly to your virtual doorstep. Ease away the Tuesday blues with a moody slow-burner from California’s Shannon and the Clams.
Download Shannon and the Clams – Corvette
Shannon and the Clams are Oakland three-piece, Cody, Shannon, and Nate. The group are veterans of the vibrant Bay-area music scene – having released a steady stream of excellent albums, EPs, and splits on Burger Records and 1234 go! ‘Corvette’ is taken from new album, Gone by the Dawn, which sees release through the consistently ace Hardly Art in September.
Tempest – Tidal Wave
Thursday 25 June, by Team Laverne
While the whole world and their dog has gone Glastonbury crazy, we've bucked the trend for today's MPFree which comes from Australia-via-London twin brothers, Tempest, with their debut single Tidal Wave.
Download Tempest - Tidal Wave
We’ve got a debut single from antipodean twins Toma and Andy Banjanin, who hail from Queensland. A recent review compared this track to a line from the classic surf-heist film ‘Point Break’: “Everything moves in circles, so twice a century the ocean lets us know just how small we really are.” Tempest were happy with this comparison, and why wouldn’t you be, posting a link to the review and “Patrick Swayze 4eva” on their Facebook page.
Tempest - Tidal Wave
Shura – White Light (Gabe Gurnsey Factory Floor Remix)
Wednesday 24 June, by Ashley Clivery Team Laverne
Having already featured on the MPFree, Moscow-born, Manchester-raised singer Shura has unleashed the powers of the remix on her new record.
Download Shura – White Light (Gabe Gurnsey Factory Floor Remix)
We previously featured the Warpaint reworking of ‘2Shy’, Jungle have also taken the controls on ‘Indecision’. And now it’s the turn of Factory Floor’s Gabe Gurnsey. We’re still feeling the shudders of their self-titled debut, released two years ago now. Later this year Shura plays her biggest UK headline tour to date, including a stop at London’s Electric Brixton. She also plays Latitude next month and Festival No. 6 in September, followed by a UK tour which takes in the likes of London, Nottingham, Manchester, Glasgow, Leeds, Birmingham, Brighton and ending up in Bristol in October.
Velvet Morning – Blue Jean Baby
Another day, another download; this time we’re treating you to a glistening piece of psychedelia from Essex four-piece, Velvet Morning. Their hazy ‘Blue Jean Baby’ should be just the thing to soundtrack long, bleached-out summer days.
Download Velvet Morning – Blue Jean Baby
Modern-day Essex might seem an unlikely birthplace for what could pass as the work of a Jesus and Mary Chain contemporary, or even a piece of Nuggets era psych, but the world is a mysterious and rewarding place. Led by 20 year-old Samuel Jones, Velvet Morning release their debut LP, Gorilla – from which ‘Blue Jean Baby’ is taken – on the 30th of June, and it is full of the kind of casually intricate trippy jams that harken back to another period altogether. You can catch them live at the following UK dates:
Tonight – Glasgow, Nice ‘n’ Sleazy
24/06 – London, Shacklewell Arms
25/06 – Brighton, Green Door Store
26/05 – Sheffield, Red House
27/06 – Manchester, Gullivers
28/06 – Leigh Folk Festival
Tamper – Take It In
Monday 22 June, by Frank Palmer Team Laverne
We’re launching another week of free music with a crisp, soulful piece of electro from Brooklyn-based duo, Tamper. ‘Take It In’ is today’s MPFree.
Download Tamper – Take It In
Tamper is the project of Aussie/Irish duo, Aaron and John. Their self-titled debut EP is available to stream in full over at their Soundcloud, but you can download stand-out, ‘Take It In’, for free via Magnet. This short, sharp, piece of electro is a real summer jam.
swim good x Merival – since u asked
Friday 19 June, by Frank Palmer Team Laverne
Today’s MPFree was made with ‘assistance’ from The Avalanches, Air France, and Stars, then released on Ryan Hemsworth’s consistently excellent (and always free) label, Secret Songs. The result is, perhaps unsurprisingly, a masterfully kaleidoscopic tour through several genres all at once.
Download swim good x Merival – since u asked
A collaboration between Toronto musicians, swim good and Merival, ‘since u asked’ manages to, as Hemsworth puts it, ‘walk this line between r&b, folk and indie, maintaining [its] balance with the most sentimental sounds and samples.’ The song has been on repeat over here since it first dropped on Gorilla vs. Bear a few days ago. Download it, enjoy it, savour it; ones like this don’t come around too often.
daWad feat. Dr No – Dancing Delight
Thursday 18 June, by Frank Palmer Team Laverne
From Marseille label, La Dame Noir, comes a new compilation to showcase their house style – a deep, dark, late-night twist on disco. Demonstrating their manifesto perfectly is this track from daWad and Dr No. We are thrilled to offer ‘Dancing Delight’ as today’s MPFree.
Download daWad feat. Dr No – Dancing Delight
We featured La Dame Noir’s last compilation, The Long Summer, earlier this year, and can’t wait to get our hands on its follow-up, Darker it Gets, Clearer We See. ‘Dancing Delight’ is the first we’ve heard from the mix, and it suggests the album’s title will be an apt one; the track systematically removes the lighter touches typically associated with French touch and house music, instead offering a thudding, nocturnal, borderline-industrial version of the above.
Cherry Glazerr – Sip ‘O Poison
Wednesday 17 June, by Frank Palmer Team Laverne
In the righteous quest to deliver free music directly to our listeners’ ears, the Adult Swim Singles Club has proven a valuable ally time and time again. The latest bit of excellence in the always-gratis series comes from thrash-pop trio, Cherry Glazerr.
Download Cherry Glazerr – Sip ‘O Poison
‘Sip ‘O Poison’ is the first we’ve heard from California’s Cherry Glazerr since their impressive second album, Haxel Princess, dropped on Bandcamp last year and made waves in all four corners of the blogosphere. At the centre of this short, sharp, piece of punk-pop is Clementine Creevy’s powerful shriek – a voice that commands more attention than should be possible of a nineteen year-old. You can catch them live over here for two dates in London and one in Leeds this July.
Edward R. - Wolves & The Water
Tuesday 16 June, by Ashley Clivery Team Laverne
Another day for the MPFree; where we scour everything digital to find you the greatest free music around. Today’s free track comes from Melbourne folk indie pop man Edward R.
Download Edward R. - Wolves & The Water
Having spent some time in London, before returning to Australia, Edward’s nomadic existence was beginning to take its toll. The result is Wolves & The Water, his debut single no less. Our friends Triple J have been rotating this something rotten and it seems it could be the start of something big. He’s getting some serious pick up, although it seems there are no album plans just yet. But like the track, Edward just glides along beautifully at his own pace. Perfection can’t be rushed.
Hey Elbow - Matilde
Monday 15 June, by Ashley Clivery Team Laverne
A new week dawns for the MPFree; in which we celebrate all things audio, and all things free. Today’s free download comes from Swedish Trio Hey Elbow. We’re not sure whether they’re trying to grab Guy Garvey’s attention, shouting at their own elbows, or taking a self-deprecating step into surrealism…all we know is this track is just lovely!
Download Hey Elbow - Matilde
'Matilde' is taken from the band's debut album Every Other, released back in April. They’re friends and label-mates with show-favourite Alice Bowman (the 1987 Remix of her Waiting is pure delight) and it seems that Ellen, Julia, and Liam are on the up. With live shows all across Europe, their big eccentric pop sound, interspersed with brass related nightmarish fantasy means their enthusiasm for bands such as The Knife shines through. They say: “In our music the sound is at least as important as the actual compositions. We like to add little details to the mix, and they don’t have to be notes, they can be just noises or hiss. They add just as much to the music as tonal things.” Indeed. Download now.
Ambassadeurs – My Way
Friday 12 June, by Ashley Clivery Team Laverne
It’s Friday peoples! Now, we appreciate that for some of you it may be the start of the week; in which case you need a pick-me-up. For those of you about to start your weekends, then this is definitely the tune for you.
Download Ambassadeurs – My Way
Ambassadeurs is a UK producer from Brighton. He doesn’t have a proper name it appears, so maybe we can help him along? Suggestions please. The excellent track My Way is taken from his forthcoming debut full length Patterns which is due out on 29th June – although you can actually stream it now. He’s also got a double AA single to look out for called Looking At You, featuring the vocal talents of one our current favourites C Duncan. Taking what the likes of Disclosure are doing to modern dance music, and just making it a little darker, taking it to places they can’t get to…because they’re too young to go clubbing. Ambassadeurs is kind of a big deal in his own right, however, having supported the likes of Odesza, and Daktyl, who’s on Diplo’s Mad Decent label. A name to keep your ears on.
Field Harmonics - Words
Thursday 11 June, by Ashley Clivery Team Laverne
Today’s MPFree comes from West Midlands duo Field Harmonics. And they’re taking us full square into late night, neon lit ambience. We don’t know what it is about this kind of music that just really hits us, lord knows we’ve featured the likes of analogue-loving Johnny Jewel and his Chromatics moniker often enough. Such a feeling of space, and wist, and reflection.
Download Field Harmonics - Words
Bryony Williams and Rob Glover have released ‘Words’ as the b-side to current single ‘Girls’. Our very own Tom Ravenscroft is a fan – a seal of goodness if ever there was one – and some of you may think you’ve heard the song before. Well, that’s because it’s a cover of a Low’s ‘I Could Live In Hope’ by Low. Low’s Alan Sparhawk has apparently been tweeting furiously about FH’s version. Download it now, and catch them at London’s Union Chapel in Islington on 20th June.
Tom Furse – 16 Rhythms
Today’s MPFree takes us back to the bleepy techno of yesteryear, from everybody’s favourite Horror Tom Furse.
Download Tom Furse – 16 Rhythms
Tom says that: “16 Rhythms composed on the PO-12 during the drive to Les 3 Elephants festival in Laval, France. Augmented by the OP-1 as the only other instrument upon return home.” The PO-12 is the small calculator looking thing you can see in the picture and is a really nifty piece of kit, satisfying the retro bods who prefer analogue to digital software. Tom is obviously of the latter…he plays bass and keyboards in The Horrors. The Horrors are just sooooo analogue. Check out this video demonstrating how to use it, it’s pretty interesting. Anyway, Tom has always been a dab hand with technology and his remixes are works of wonder. Following The Horror’s Luminous release last year, he’s also been busy compiling music for Tom Furse Digs, which seeks out “unearthed music forgotten by time.” That gets its release on 7th August. Tom is certainly a character you should get to know.
J Mascis x Kim Gordon – Slow Boy
Tuesday 9 June, by Ashley Clivery Team Laverne
Well it seems the idea of music-you-don’t-own is rearing its head again, what with the world’s biggest company now getting into the mix. Here at 6 Towers, we still love the music you don’t have to be plugged in to listen to. And it’s a free track from Kim Gordon and J Mascis…who wouldn’t want to own this track forever? Also handy for when Skynet takes over.
Download J Mascis x Kim Gordon – Slow Boy
“J Mascis and Kim Gordon are the best of friends”, and they’ve both been on the show this year. J was in session and Kim was talking about her autobiography. Here it’s what they do best, with J on production no less…so you know it’s going to be pretty muddy and lo-fi. ‘Slow Boy’ is a new single from a particular brand of trainer on the forthcoming CONS EP Vol. 3. It’s a pretty primal incident and feels like it could have been made in their respective underground scenes 25 years ago. If it ain’t broke…
The Earlies – Abandon
Monday 8 June, by Ashley Clivery Team Laverne
It’s that time again where you can download and keep forever a track that’s worthy of your time, attention, and emotional reactions. The free slice of audio today comes from a British-American four piece obviously obsessed with 60s pop and Italian soundtracks. This can only be very good!
Download The Earlies – Abandon
Invoking the ghosts of Spiritualized and Got A Girl, thrown in with a bit of Ennio Morricone via Portishead, this is The Earlies first new release for 8 years (we’re sure there’s a pun in there about The Earlies being late, but we’ll leave that one with you). Beginning life in Texas, USA, and Lancashire, UK, the quartet will be releasing their forthcoming EP Message From Home this summer, which follows LPs These Were the Earlies (2005) and The Enemy Chorus (2007). We’re not sure if there’s a new album in the offing, but we certainly hope so based on these results. You can also catch them in Glasgow on 24th July, 25th Cloudspotting Festival, Lancashire, 28th Bristol, 29th Manchester, and 31st London.
Sara Lov – Sunmore
Friday 5 June, by Frank Palmer Team Laverne
We put a full stop on another week of free music with a luscious, dreamy, piece of indie-pop. This one comes courtesy of Sara Lov, ahead of the release of new album, Some Kind of Champion.
Download Sara Lov – Sunmore*
Born in Hawaii and raised in both Southern California and Israel, singer/songwriter Sara Lov follows up I Already Love You – an album of cover versions released in 2009 – with Some Kind of Champion, set for release at the end of August. The album was funded by Lov’s fans on Pledgemusic and is overflowing with excellent and earnest pop gems – all filtered through the lens of Zac Rae’s masterful production.
*The unedited version of this song contains one instance of choice language. JSYK.
HAWK – Glass
Thursday 4 June, by Frank Palmer Team Laverne
Sometimes a song deserves your full attention. HAWK’s intricate and spiralling track, ‘Glass’, is a thing to be savoured and revisited, so it’s just as well you can download it for free and do exactly that.
Download HAWK – Glass
HAWK are a London-based four-piece. Last year they released their second EP, Clock Hands, filled with meditative, ambient, post-punk tinged songs. ‘Glass’, a stand-alone single, builds on that sound; with its interweaving, almost dissonant, guitar parts circling Julie Hawk’s powerful vocals, it is an impressive and exciting piece of music that has us keen to see what else this band is capable of.
Star Tropics - Summer Rain
Wednesday 3 June, by Ashley Clivery Team Laverne
Today’s MPFree comes from “boy/girl indiepop from Chicago”.
Download Star Tropics - Summer Rain
Unsigned, they self-released this back in February. Named after a nineties computer game (and sounding a bit like one as well), it’s late 80s-early 90s Runaways inspired Rock-with-a-catchy-hook. The band began life as a bass and guitar duo with a drum machine in the winter of 2010. They have since evolved into a four-piece band “determined to write carefree, primary-coloured pop songs”. Something they do very, very well.
Bells & Whistles – Toes (Jozif Let Her Out Remix)
Tuesday 2 June, by Frank Palmer Team Laverne
On a wet and windy Tuesday morning, a little musical escapism may be just what the doctor ordered. We suggest a brief visit to another planet altogether, like the one that today’s MPFree, a sci-fi-psych-house banger, comes from.
Download Bells & Whistles – Toes (Jozif Let Her Out Remix)
Bells & Whistles is the project of Zack Yakovlev & Yanick Rieffel. The house duo operate out of San Francisco, releasing music on Desert Hearts, but they hail from Russia and Switzerland, respectively, which might go some way to explaining their accented take on the tropes of an endlessly revisited genre. Jozif’s remix of ‘Toes’ is taken from new EP, Hands, which is available as a free download from Soundcloud.
Cairobi - Gristly Words
Today’s free download comes from a promising quintet from that there London. In all honestly, we simply can’t stop listening to it, it’s almost too short for its own good.
Download Cairobi - Gristly Words
Invoking the outlandish wonk of At The Drive-In and spacious psyche of Grizzly Bear, they’ve already been supporting the likes of Dutch Uncles and picking up a fair amount of attention online. Gristly Words sees its proper release on 6th July, which follows on from the ‘Distant Fire’ EP released back in February. There’s no sign of an album just yet, but the single / EP releases and live shows seem to be coming thick and fast, so expect something soon. You can also catch them at Field day this weekend in ol’ London town.
<< MPFree - May 2015
Everybody loves a spot of free music, so open your minds and get downloading now.
Desert Island Disco
The Desert Island Disco is your opportunity to create the perfect dance floor soundtrack. Send us 10-15 of your best party tracks, and check out what previous listeners have selected.
Did you ever make a mix tape for somebody? Did they ever make one for you? If so, we want to hear from you - click through to find out how to get in touch and see the track lists of other listeners' tapes.
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Jim Mora Speaker & Booking Information
Former College and NFL Head Coach
Book Jim Mora for your Next Event
Jim Mora Booking Agent Contact Details
Contact AthleteSpeakers today at 800-916-6008 to book Jim Mora for a keynote speech, corporate appearance, grand opening, autograph signing, product announcement, moderated Q&A or for an exclusive meet and greet. The booking agents at AthleteSpeakers work on your behalf to get you the best price for your desired sports celebrity.
AthleteSpeakers has built very close direct relationships over the years with top athletes, agents, publicists and managers. We specialize in assisting small, medium, and large companies as well as event planners with booking athletes like Jim Mora for speaking engagements and appearances at trade shows, golf outings, casinos, conferences, conventions, and corporate events. For years, companies have turned to AthleteSpeakers to get Jim Mora's booking fee, appearance cost, and booking agent contact information.
Jim Mora Biography
Jim Mora is a former college and NFL head coach, who most recently coached at UCLA. As the Bruins head coach, Mora led a resurgence of the program. UCLA won nine or more games in each of his first three seasons. He was able to develop quarterback Brett Hundley while in Los Angeles and continues to recruit at a high level. Mora was previously an NFL head coach with the Atlanta Falcons and Seattle Seahawks. He took the Falcons to an 11-win season and NFC South title in his first year on the job in 2004. Overall, his record in Atlanta over three seasons was 26-22. Mora has also been an assistant coach for the Seahawks, San Francisco 49ers, New Orleans Saints, and San Diego Chargers. His time in New Orleans was particularly notable because he was on his father Jim’s coaching staff. Mora got his coaching start as a graduate assistant at his alma mater, the University of Washington, in 1984.
Disclaimer: AthleteSpeakers assists companies seeking to hire talent like Jim Mora for speaking engagements, appearances, product endorsements, and business sanctions. Our speakers bureau does not claim to exclusively represent Jim Mora. Our booking agency can help with finding an athlete or sports celebrity that aligns with your upcoming events date, location, and budget. When an organization request booking details for a celebrity like Jim Mora, we work closely with the client to make sure the proposed dates does not interfere with the requested athletes schedule. We then confirm the sports celebrity fee based on the details of the request. The fees listed on the speaker profile are rough estimates based on the previous market rate for the talent. Our team then works with Jim Mora's agent, manager or assistant on the booking request. For parties interested in hiring Jim Mora, we recommend filling out the booking request form so our booking agents can help with making your next event a success.
Videos of Jim Mora Speaking
Tony Gonzalez All-Time Great NFL Tight End
Ed Orgeron LSU Head Football Coach
Charlie Whitehurst Former NFL Quarterback
Darrell Henderson Los Angeles Rams Running Back
Sam Cunningham New England Patriots Hall Of Famer
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Home > Our University > Higher Education Futures institute (HEFi) > HEFi News and media > MicroCPD Research-intensive Learning and Teaching
MicroCPD: Defining and Delivering 'Research-Intensive Learning and Teaching' at the University of Birmingham
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This week PVC Education Kathy Armour asks, "What is ‘Research-Intensive Learning and Teaching’ at the University of Birmingham?"
What is ‘Research-Intensive Learning and Teaching’ at the University of Birmingham?
By any international measure, UK Higher Education is extraordinarily successful, yet despite that success on the global stage, we have come under sustained critical scrutiny at home – by politicians, the public and in the media.
In particular, research-intensive universities such as ours have been challenged to prove that ‘research-intensive’ is as much about students as it is about research; and that teaching is valued sufficiently by academics and the institution. More specifically, we have been challenged to be clearer about what we do in our teaching that is unique to research-intensives. After all, we have long claimed that ‘research-led teaching’ is something special, but we have been less clear about what it actually entails. Questions include:
How do we guarantee that all students at all levels benefit from learning in a research-intensive environment?
What do we offer that is not available in an institution where staff conduct less research but use published research in their teaching?
Many of us feel we know the answers to these questions – they seem obvious – and this was a hot topic in our Big Conversation last year. Yet - when challenged, research-intensives have struggled to articulate a position that has convinced the critics.
As a result, both the Russell Group and Universitas 21 undertook new work last year to crystallise the benefits of studying in research-intensive universities. Here at the University of Birmingham, we led the U21 work and we focussed on sharp questions about our ‘value proposition’ for students. In national and international contexts where funding and ‘value for money’ are increasingly contested, we felt it was important to ask ourselves the question:
What is the value proposition for students studying at contemporary research-intensive universities?
The outcome of this work is a U21 Position Statement which is available here. The Position Statement crystallises the nature of the education we should be offering at a research-intensive university. Take a look and consider whether you feel there is there anything we need to do differently to deliver that research-intensive vision.
More importantly, here at the University of Birmingham we now need to ask ourselves the follow-up question:
What is the distinctive value proposition for students studying at the University of Birmingham?
So, today I am reopening the Big Conversation so that we can engage in dialogue across our institution about the distinctive value proposition for students studying at our research-intensive university – the University of Birmingham.
My starting proposition for the Conversation is that I want to drop the term ‘research-led teaching’. It hasn’t chimed with the public and we are all using it in different ways. I have just reviewed the 2017-18 School Education Plans for every School in the University and statements on the links between teaching and research range from the unclear to the distinctly unhelpful. We need to do better.
Instead of talking about ‘research-led teaching’ I am suggesting that we need to be bolder and focus on conceptualising the more dynamic concept of ‘research-intensive learning’ for students. My thesis is that research-intensive learning for students is the necessary outcome of our research-intensive teaching. So, in the Big Conversation we need to ask ourselves a number of questions:
What is research-intensive learning for students at the University of Birmingham?
How can we ensure that, through our research-intensive teaching, every student at every level is engaged in research-intensive learning?
Do we need to do anything differently to achieve our ambition for research-intensive learning?
To open the Conversation, here are some thoughts from our PVC Research and some of our Heads of College on what research-intensive learning and teaching means to them:
“From my perspective, research-intensive learning should include a strong element of learning through the methodology and practices of research – learning the hard way! That not only means giving our students opportunities to do original research - but it could also involve teaching them the real story of how research results are obtained, not just what the results were. There are many skills and attributes relevant to that real story which include the original creativity and vision, planning, problem-solving, obtaining and recording new data and information, logical deduction and analysis, teamwork and team management, patience and determination, technical skills knowledge and methodology, dealing with the reality of imperfect data, hypothesis testing and verification, coping with frustrated ambitions and off-putting reviews, good communication, recognising what is good and what is spurious….When Sir Paul Nurse gave a talk to graduate students here recently he described the real story of how his Nobel prize winning results were obtained – far more interesting and educational than the results themselves which have been superseded 30 years later!”
Professor Tim Softley, Pro-Vice-Chancellor (Research & Knowledge Transfer)
“Research-intensive learning is education that is conducted within a research-rich environment where students acquire, indirectly through the pervasive research culture as well as directly through the example of leading researchers and the challenge of assignments, the intellectual curiosity and rigorous approach that can be widely applied. In the same way as researchers conduct research of differing intensity and significance (sometimes the goal will be a text-book rather than a 4* REF output), so too students will learn in the way most appropriate to the level and subject of study within a frame that tends to lead to a progressively deeper engagement in the practices of research. We will need to do some/many things differently, but precisely what will depend on the nature/level of the module: my guess would be that significant change will be needed in assessments in order to ensure that a full range of research methods and skills are being covered, and that the methods of delivery will also need some reflection.”
Professor Michael Whitby, Pro-Vice-Chancellor and Head of the College of Arts & Law
“Studying at a university is about joining an academic community. At a research-intensive university that community is at the cutting edge of the disciplines. From project work and tutorials to socialising between labs and lectures, students and academic staff together are discussing and developing the ideas that are making the weather in their fields”
Professor A. J. Schofield, Pro-Vice-Chancellor and Head of the College of Engineering and Physical Sciences
We had a number of contributions to the Big Conversation on this topic last year – including from students.
I invite all those staff who are engaged in research and teaching to post ideas on the Big Conversation site, discuss the topic with students and colleagues (and post the outcomes) and share any articles or resources that could be of interest.
I also invite students to contribute views on how they experience research-intensive teaching, how that leads to research-intensive learning, and what this might mean for their futures.
External contributors - particularly colleagues from our partner institutions – can also share their thoughts on research-intensive education.
Our Big Conversation on ‘Research-Intensive Learning and Teaching’ is open from today until Christmas. We will then summarise the contributions and share key ideas that emerge. You can access all contributions to the Conversation from the Big Conversation link on the HEFi website. See below for brief information on the process of posting/commenting.
Kathy Armour, Pro-Vice-Chancellor Education
U21 Position Statement
If you would like to add a post, please email it to bigconversation@contacts.bham.ac.uk and it will be added to the site. Comments are welcome; simply add your comment in the box below the post and it will appear on the site once it has been through the bot filter.
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The Tube – Matan Caspi Remix
Label: Bonzai Progressive
Catalog number: BP6612017
The Tube (Matan Caspi Remix)
Tiesto, Matan Caspi
We continue our 25th year celebrations with another classic remixed in contemporary style. This time around Matan Caspi gets to grips with Tiesto’s 1996 cut The Tube which first appeared on our XTC imprint back in the day. Tiesto aka Tijs Verwest really needs no introduction, he’s achieved global success in the last 20 years playing in massive arenas to sold out concerts as well as unleashing a torrent of music in that time. His early days stretch right back to 1990 and he is the man behind a multitude of aliases which littered the early 90’s with some memorable moments. He first appeared for us on Bonzai Jumps with Glycerine – 666 in 1995 which also led to contributions on other BJ cuts. His first release as DJ Tiesto was this one which came around the same time as his other Bonzai Jumps releases – Second Game and When I was A Sperm – under his Tom Ace and TB X-Press (with Bjorn Wendelen aka DJ Ghost) monikers respectively. Matan Caspi takes to the helm on the remix and yet again he impresses with his attention to dishing out pure quality progressive house. Based in Tel Aviv he remains undoubtedly one of the most productive electronic music producers under the spotlight. He has been constantly developing his music productions and his work has been internationally exposed and played by many artists and top DJis around the globe. Over the years he has amassed 15 original cuts with us at Bonzai HQ as well as a ton of remixes and appearances on many compilations. He’s also a regular visitor to our Bonzai Basik Beats radioshow where he delivers tight mixes at every turn. He runs the label Outta Limits together with his good friend and production partner Stan Kolev and is always busy with touring and concentrating on his future productions, where you will find original, raw and innovative material.
Matan captures the essence of the original track beautifully adding a delicate modern twist that will definitely grab a lot of attention. A deep rumbling bassline drives the track alongside a tight drum section filled with chunky beats and rhythmic percussions. You just know something special is on its way as a subtle intensity creeps into the sound. As the intro gets us in the mood a rich pad changes the whole dynamic of the track adding brighter tones and making way for the outstanding Jarre-esque synths. Some very cool artistic flair is added with tumbling orchestral drums that leads us back into full on mode for the duration. An absolute stomper of a track that will not disappoint, a must have for sure.
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The Hero's Companion
By (author) Amy Lignor
"Screaming wouldn't do any good..." Leah Tallent and Gareth Lowery have seen it all. From walking the halls of an eerie house that held clues to one of the biggest puzzles in history; to going up against literal madmen in order to save a relic that could alter the world, the Tallent and Lowery team have had to utilize everything they had to survive. Now . . . Leah's father has gone missing. They have only seven days before he will be killed, and the only clue to follow is a picture of one of the most famous icons of all time. Heading to her hometown, Leah begins her search for anything that will point her in the right direction. But all she finds is a mother who has fallen apart, talking about things that Leah doesn't understand. Discovering a strange map stuck to the bottom of her father's desk, Leah and Gareth are joined by a young woman who has a secret all her own. Teaming up, the trio must solve this new mystery that will take them from the pinnacle of the Acropolis to the depths of Cleopatra's caves in order to unmask the man who has a definite score to settle. This frightening adversary will do his best to capture Leah and take her far away from the protection and love of Gareth. In a location that's been buried under rock and dirt for centuries the battle will begin, and the team will have to face the one foe that will expose secrets and unleash unheard of power in order to get what he wants. As it was with the mighty Athena, Leah is seen as 'The Hero's Companion'-the one woman who will do anything to make sure the right side wins. But without Gareth, her time may just run out.
Publication date 18 Oct 2013
Publisher Suspense Publishing
Illustrations note Illustrations, black and white
About Amy Lignor
As the daughter of a career librarian Amy grew up loving books; 'Patience & Fortitude' at the NYPL are still her heroes. Beginning in the genre of historical romance with, "The Heart of a Legend," Amy moved into the YA world where her first team from The Angel Chronicles became a beloved hit. Moving into the action/adventure world with Tallent & Lowery, Amy has created a new, incredibly suspenseful, team that has once again exploded with readers everywhere. Born in Connecticut, Amy is now living in the bright sunshine of Roswell, NM, delving into her next adventure. To learn more about Amy Lignor, check out her website at http: //tallentandlowery.blogspot.com.
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Amazon Raises Free Shipping Threshold to $49
Over the weekend, Amazon quietly raised their free shipping threshold. Instead of offering Free Super Saver Shipping on orders over $35, Amazon will now charge shipping & handling costs until your order hits or exceeds $49. Orders containing only books totaling $25 or more will receive free shipping, and nothing has changed for Amazon Prime members.
In comparison, this free shipping threshold isn't anything too new. Walmart, one of Amazon's biggest competitors, has the same shipping threshold of $50. However over the past year we have seen many online retailers drop their shipping thresholds. Best Buy reduced their free shipping threshold from $50 to $35. Target has offered free shipping no minimum for the past two holiday seasons, and now they offer free shipping on orders over $25. All three of these merchants, along with countless others, offer the option of free in-store pickup as well. Specialty stores like Toys R Us and Sephora have hot shipping deals, too; Toys R Us has dropped their threshold to just $19 and Sephora offers free shipping no minimum for only $10 per year. Even Jet.com, a relatively new store, offers free shipping on orders over $35 - along with club savings similar to Costco.
Amazon hasn't changed their free shipping requirements since Autumn of 2013. They have yet to make a statement regarding this new policy, but people all over the Internet are speaking up about it. Understandably, some shoppers are upset. People don't like change, especially when that change is unannounced and potentially costs them more of their hard-earned money. We have seen several customers write that Amazon is just trying to push people towards becoming Amazon Prime members - but is that necessarily a bad thing? We don't think so.
BFAds has always been a proponent of Amazon Prime memberships, because the savings and freebies that come with the package more than make up for the $99 annual fee - as long as you use them. Amazon Prime's biggest draw is the offer for free 2-day shipping on millions of items sitewide. In addition, members get access to Amazon Instant Video streaming, unlimited music streaming, early access to select Lightning Deals (including the Black Friday sale), and they can borrow books from Kindle's library. Amazon Prime members also get exclusive access to some of their best prices. If you're still on the fence, you can sign up for a free 30-day trial of Amazon Prime right here.
Granted, paying full-price for items with a Prime membership is the opposite of saving money. Whether you're going the Prime route or sticking with other stores, we're here make sure that you're always getting a Hot Deal.
How do you feel about Amazon's shipping changes? Let us know in the comment section below! Thanks for Visiting and Tell Your Friends!
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Richard L. Weber
rweber@bsk.com
Rick resolves toxic situations, whether they be interpersonal or environmental. Trust and estate conflicts, rocky transitions in family businesses, injuries from exposure to toxic chemicals, breaches of contractual relationships, creditor's rights and construction law are all interpersonal situations that Rick guides clients through on a regular basis.
As a co-chair of the firm's toxic tort and environmental litigation practice, Rick represents clients facing potential liability for discharges or releases of toxic substances, such as discharges of petroleum products and exposure to industrial chemicals, and for the failure to abate or remediate such substances. By guiding his clients expediently through their options to determine how they can resolve an issue before trial, Rick reduces stress and facilitates timely resolution reduces costs.
A trial attorney, Rick regularly addresses toxic relationships in areas such as commercial disputes, will contests, estate accountings, libel law and premises liability (including defense of lead paint exposure and Labor Law § 240 “Scaffold Law” claims.) Rick has extensive experience in securing pre- and post-judgment remedies for clients, including temporary restraining orders, specific enforcement of contract remedies (including non-compete and non-solicitation clauses) and disclosure of judgment debtor assets.
represented residential landlords in multiple lead-paint exposure cases, including securing dismissal of claims by motion for summary judgment
secured a temporary restraining order and other relief related to the dissolution of a business partnership
secured a guardian for an incapacitated elderly woman pursuant to Article 81 of the Mental Hygiene Law
represented office supply wholesaler in action against software developer for defective software development and installation
settled multiple actions related to trust and estate accountings
defended a manufacturer of commercial kitchen equipment in a product liability lawsuit
foreclosed on a commercial shopping center, with appointment of a receiver to manage the property during pendency of the action
enforced a restrictive covenant with preliminary injunction, to bar competition by a disloyal former employee
defended a scaffold law claim related to the collapse of an incomplete building addition
New York Super Lawyers 2018®, Environmental Litigation
New York State Bar Association, Torts, Insurance and Compensation Law Section, Chair, Toxic Tort Committee
Onondaga County Bar Foundation, Past President
Mediator, ADR Mandatory Mediation Program, Northern District of New York
Articles Editor, 1998-1999, William and Mary Law Review
Representative Presentations
Going Beyond Lead: Lessons Learned from Lead Litigation and Trending Substances, HB Litigation Conferences, 2015 National Lead Litigation Conference 2015, November 6, 2015
Libel: Say it Safely, New York Press Association Convention, 2012, 2013
Advanced Insurance Coverage: Exclusions in Personal Lines Insurance,' New York State Bar Association Continuing Legal Education Program, 2012
Estate Litigation, New York State Bar Association Continuing Legal Education Program, 2011
Basic Tort and Insurance Law Practice: Automobile Insurance Sources of Coverage, New York State Bar Association Continuing Legal Education Program, 2008, 2010
Defamation, Disparagement and Language: Avoiding Libel Issues', New York Press Association Convention, 2010
Collections and the Enforcement of Money Judgments: The Negotiated Settlement, New York State Bar Association Continuing Legal Education Program, 2005, 2007
Richard L. Weber and Thomas R. Smith, “Regulatory Corner,” NYS Chemistry Council Newsletter, March 2017
"No Greater Rights: The Limits of Pro Se Litigation in New York Courts," NYSBA Journal, July/August 2007, at 10
"Stipulators Beware: The Perils of CPLR 2104," NYSBA Perspective, Fall/Winter 2006, at 14
"State v. Speonk Fuel: The Untold Story Behind the Court of Appeals Decision," The New York Environmental Lawyer, Spring/Summer 2005, Vol. 25 No. 2, pgs. 16-20
"Playground Personal Injury Law - A Primer," NYSBA Perspective, Spring/Summer 2004, at 12
"Riding on a Diamond in the Sky: The DBS Set Aside Provisions of the 1992 Cable Act," 40 Wm & Mary L. Rev. 1795, 1999
Former member, Board of Directors, Skaneateles Ski Hill, 2012-2016
College of William and Mary School of Law (J.D., 1999)
State University of New York at Buffalo (B.A., magna cum laude, 1994)
Bar/Court Admissions
U.S. District Court for the Northern District of New York
U.S. District Court for the Western District of New York
Related Practice Bios
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Why We Prefer Founding CEOs
Apr 29, 2010, 10:36 PM
You’re just a rent-a-rapper, your rhymes are minute-maid
I’ll be here when it fade to watch you flip like a renegade”
—Rakim, Follow the Leader
When my partner Marc wrote his post describing our firm, the most controversial component of our investment strategy was our preference for founding CEOs. The conventional wisdom says a startup CEO should make way for a professional CEO once the company has achieved product-market fit. In this post, I describe why we prefer to fund companies whose founder will run the company as its CEO.
The macro reason: that’s the way most of the great technology companies have been built
At Andreessen Horowitz, our primary goal is to invest in the great technology franchises. As we looked at the history of great technology companies, we discovered that founders ran an overwhelming majority of them for a very long time, including:
Acer—Stan Shih
Adobe—John Warnock
Amazon – Jeff Bezos
AMD—Jerry Sanders III
Apple – Steve Jobs
DEC—Ken Olsen
Dell—Michael Dell
EA—Trip Hawkins
EDS —Ross Perot
Hewlett-Packard—Dave Packard
Intel—Andy Grove
Intuit—Scott Cook
Microsoft —Bill Gates
Motorola—Paul Galvin
nVidia—Jen-Hsun Huang
Oracle—Larry Ellison
Peoplesoft—Dave Duffield
Salesforce.com—Marc Benioff
Seagate—Al Shugart
Siebel—Tom Siebel
Sony—Akio Morita
Sun—Scott McNeely
VMware—Diane Greene
In addition, founders run today’s most promising new companies such as Zynga (Mark Pincus), Facebook (Mark Zuckerberg), Twitter (Ev Williams), Workday (Dave Duffield and Aneel Bhusri) and Fusion-io (David Flynn).
Two more quick data points before I move on to explain why this happens.
First, the University of Pennsylvania’s Wharton School of Business just published an analysis of recent exits for high technology companies such as BlackBoard, BladeLogic, Concur, Danger, Liveperson, LogMeIn, and Netsuite. Looking across these nearly 50 companies, the study finds that founding CEOs consistently beat the professional CEOs on a broad range of metrics ranging from capital efficiency (amount of funding raised), time to exit, exit valuations, and return on investment.
Second, for folks keeping score at home, this phenomenon appears to extend beyond high-technology companies. Felix Salmon, for instance, points out that Fortune’s editorial staff considered twelve other candidates including Warren Buffett, Carlos Slim, and Martha Stewart before naming Steve Jobs the best CEO of the decade in November 2009. Salmon points out that “not a single one of the 12 [candidates] is a CEO who was hired to run a company by its board of directors.”
There are certainly exceptions to this rule, most notably Google and Cisco (I will address both exceptions later in this post), but the evidence is one-sided and overwhelming.
The underlying reasons
From a pattern matching perspective, it makes sense that we’d prefer founding CEOs, but as I said in an earlier post, pattern matching is not knowledge. So, why are great technology companies so often run by their founders? And why do professional CEOs sometimes succeed?
The innovation business
The technology business is fundamentally the innovation business. Etymologically, the word technology means “a better way of doing things.” As a result, innovation is the core competency for technology companies. Technology companies are born because they create a better way of doing things. Eventually, someone else will come up with a better way. Therefore, if a technology company ceases to innovate, it will die.
These innovations are product cycles. Professional CEOs are effective at maximizing, but not finding, product cycles. Conversely, founding CEOs are excellent at finding, but not maximizing, product cycles. Our experience shows—and the data supports—that teaching a founding CEO how to maximise the product cycle is easier than teaching the professional CEO how to find the new product cycle.
The reason is that innovation is the most difficult core competency to build in any business. Innovation is almost insane by definition: most people view any truly innovative idea as stupid, because if it was a good idea, somebody would have already done it. So, the innovator is guaranteed to have more natural initial detractors than followers.
Steve Jobs’ return to Apple provides an excellent example. At the time Jobs regained control of Apple, the conventional wisdom said that Apple was getting killed by “PC Economics” and had to separate the operating system from the hardware. Specifically, Apple couldn’t compete with Microsoft unless it became more horizontal and let commodity hardware manufactures compete while Apple focused exclusively on the OS. The professional CEO who preceded Jobs (Gil Amelio) took the conventional wisdom to heart. He set out to create an ecosystem of Mac cloners who would provide the commodity hardware complement to Apple’s famous OS.
When Jobs came in and reversed those decisions, most industry analysts thought Jobs was insane. Jobs not only killed all the commodity hardware and the horizontal strategy; he went radically vertical. In addition to the basic hardware and operating system, he added applications (iLife, iWork) and peripherals (like the iPod). He even added retail stores.
Today, people would let Steve Jobs make such a radical turn at nearly any company because of the outcome he’s achieved at Apple. But remember that when Jobs returned to Apple in 1996, he was doing so as the co-founder and CEO of NeXT computer, a marginal computer workstation company which Apple purchased for less than $500M. Let’s just say he didn’t have the benefit of the doubt. What he did have: the founder’s courage to innovate despite the doubters.
Innovator’s requirements – what does it take to find the product cycle?
So where did Jobs get this “founders courage” and what is it? In addition to general brilliance, we see three key ingredients to being a great innovator:
Comprehensive knowledge
Total commitment to the long-term
Great founding CEOs tend to have all three and professional CEOs often lack them. Here’s why.
To create the original innovation to start a company, founders must exhaustively understand the technology required, the likely competitors (past, present, and future), and the market in all its variations and segmentations. This knowledge becomes the foundation on top of which a gigantic knowledge pyramid gets built which includes:
Knowledge of every employee who gets hired and why
Knowledge of every product and technology decision that gets made
Knowledge of all customer data and feedback generated from day one
Knowledge of exactly what’s strong and weak about the code base
Knowledge of exactly what’s strong and weak about the organisation
This pyramid of knowledge enables new, unique innovative thinking. This knowledge is nearly impossible to replicate. Without it, thoughtful people lack the courage to bet the company on entirely new directions.
In retrospect, it seems totally natural that Larry Ellison transformed Software Development Labs from a consulting business into a software company called Oracle. But would a professional CEO have understood enough about the team, the market and the competition to make such a radical change?
Often, true innovation requires throwing out many of the foundational assumptions of the company. If the company is significant, doing so may be extremely difficult for the professional CEO. The company’s core belief system is often entangled in those assumptions. Since the founding CEO made the assumptions in the first place, it is much easier for her. An excellent example of existing, invalid assumptions paralyzing a whole set of companies recently played out in the music industry.
The music business has been continuously disrupted and revolutionised by the underlying technology since the outset. In fact, it’s still widely referred to as the “record industry,” because the entire business was created by the invention of the vinyl record. For the first few decades of the industry, songs were never longer than 3 minutes due to a technological limitation (the record would skip if the grooves were too thin). The album itself is a construct that originated with the total number of songs one could fit on a 33 1/3 Revolutions Per Minute (RPM) vinyl record. In the 80s, the invention of the CD completely revitalized the industry and led to (literally) record-breaking sales.
Despite this dynamic history, modern record company executives badly missed the most sweeping technical innovation—the Internet. How was that possible? By the time the Internet arrived, all of the original founders of the record companies had been bought out, retired, or died. The new, professional CEOs were unwilling to let go of the most basic assumptions driving the cost structure of their businesses. Specifically, they wouldn’t give up their stranglehold on distribution and the value they placed on owning the recording.
They were proficient at running the current business, but lacked both the courage and the moral authority to jeopardize the old business model by embracing the new technology. The transition would have been far easier if these executives running the companies had invented the old models. The founders of the music industry likely would have ditched old assumptions, because they would have been nuts to do continue believing an assumption that no longer makes sense.
Conversely, Netflix, run by founder Reed Hastings, provides an excellent counter-example. Faced with a similar transition (from distribution of the physical recording to electronic distribution of the bits), Netflix let go of its old assumption that customers wanted DVDs mailed to them, invested in innovation and produced a series of brilliant new offerings (streaming video to Xbox 360, Sony Playstation 3, Tivo, Wii, connected DVD players, and a host of devices) that are enabling them to transition smoothly. Hastings wasn’t married to the old distribution model precisely because he invented it.
Total commitment to the long term
Founding CEOs naturally take a long view of their companies. The company is their life’s work. Their emotional commitment exceeds their equity stake. Their goal from the start is to build something significant. They instinctively know that big product cycles come from investment and that even the biggest product cycles will eventually fade. Professional CEOs, on the other hand, tend to be driven by relatively shorter-term goals. They are paid in terms of stock options that vest over 4 years and cash bonuses for quarterly and yearly performance.
Investments in innovation do not pay out in the current quarter. Typically, they don’t even pay out in the current year. If you care about your bonus this year, you are directly incented not to make investments in new inventions as you will incur the expense, but reap no profits.
Photo: jolieodell
Any serious innovation requires a heavy investment. Beyond the up-front cash, costs may include lower growth, bad publicity, and internal grumbling as existing features atrophy. Recently, we’ve seen Facebook’s founding CEO Mark Zuckerberg make a series long-term bets. He’s radically revamped critical features such as the feed used by hundreds of millions of people. He’s made bold changes to key policies such as privacy and platform. For years, he’s avoided taking any revenue inconsistent with optimising the user experience.By committing to the long-term, he put himself under tremendous pressure in the short-term. The press broadly questioned his business acumen and Facebook’s ability to generate any meaningful revenue. Bottom feeding publications such as Valley Wag even went so far as to call for his resignation. Employees leaked to the press that they thought he should sell the company, and some quit due to temporary declines in page views and user growth. We now know these critics were wrong and Zuckerberg was right, but would a professional CEO have taken these risks and endured such vicious attacks for unseen, long-term benefits?
In theory, any professional CEO can rise to the challenge of being a great long-term CEO, but they have to commit to innovation and adopt the three characteristics above. We’ll now take a look at two professional CEOs who have done just that.
Understanding the exceptions – why do professional CEOs succeed?
Two spectacular exceptions to the founding CEO rule are John Morgridge at Cisco and Eric Schmidt at Google. Let’s look at how these two overcame the issues illustrated above and massively triumphed.
Eric Schmidt–Getting the goodness of the founders and combining it with the know-how of the professional
Eric Schmidt has been a spectacular success at Google. He hasn’t just maximized the original product cycle (which was built around search—although he’s done a brilliant job of accomplishing that feat), but he has also overseen the creation of important new product cycles such as Android and Google Apps. Interestingly, he did so by teaming with the founders and gaining the benefits of their knowledge, moral authority, and long-term vision. This may seem like an obvious strategy, but shared leadership and control are incredibly difficult to achieve. Doing so involves intense communication, deep humility, and some hard compromises. Almost nobody ever pulls it off. And that’s why Eric Schmidt is such an important exception.
John Morgridge—All by himself
Unlike Eric Schmidt, when John Morgidge took over at Cisco, the founders had been fired. He had to take a nascent initial product and build the amazing franchise that Cisco would eventually become. How did he do it? In speaking to many Cisco employees over many years and observing the dynamic, innovative product and M&A strategy that enabled them to defeat fierce competitors such as Wellfleet and Synoptics, I believe John Morgridge may have been the greatest professional CEO in the history of the high tech industry. He worked tirelessly to develop the characteristics outlined above as well or better than any founder. He was smart, knowledgeable, tough, innovative, courageous, and, unlike most professionals, legendarily cheap. He once said that if you can’t see your car from your hotel room, then you are paying too much. As a result of this magical combination of qualities, he achieved complete moral authority. He is proof positive that a professional CEO can build a great technology company. At the same time, he is the ultimate exception.
In the best case, you may find the next John Morgidge. If you do, hire him! Otherwise, here is our general rule of investing. If you hire a professional CEO into a company that has found a large product cycle, the professional will be able to maximise that product cycle, but likely won’t find the next one. If you hire a professional to find the product cycle, get the jelly, because your company will soon be toast.
Are all founders CEO material?
The simple answer is “no.” Being CEO requires a tremendous amount of skill. The larger the company becomes, the more skill that’s required. Steve Blank does an excellent job of illustrating many of these required skills in his outstanding Scalable Start-up series. We almost never meet a founder who has these skills at the time they found the company.
Therefore, the founder must learn the skills required to run the company on-the-job. Doing so is often a miserable, debilitating experience. I can attest first hand to the frustration and exhaustion associated with being responsible for hundreds of employees while learning how to do the job. I constantly made mistakes a more experienced CEO wouldn’t make. These mistakes can be costly in terms of money and jobs.
So, why would any founder want to learn to be CEO on-the-job? Because doing so is the most sure fire way to build a great company.
How does one know if they have what it takes to be the long-term CEO of the company? In our experience, there are two required characteristics:
Leadership as described in my early post Notes on Leadership.
Desire—not necessarily the desire to be CEO, but the burning, irrepressible desire to build something great and the willingness to do whatever it takes to get there.
If the founder has these characteristics, then we would encourage them to give it a try. If they fail, we will help them look for the next Eric Schmidt or John Morgridge.
Special thanks to Yujin Chung (LinkedIn, Twitter), MBA ’10 at the Wharton School, for his analytical and research support.
ben horowitz sai-us startups venture capital
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A chain of Texas convenience stores with a cult-like following chooses to display pay, vacation time, and its 401K plan on big signs, and it doesn't plan to stop any time soon
Áine Cain
Buc-ee's is upfront when it comes to wages.
Buc-ee's
Buc-ee's is a Texas-based chain of convenience stores that's acquired a cult-following in Texas.
All 33 of the company's locations have signs advertising its salaries, benefits, and vacation policies.
Buc-ee's general counsel Jeff Nadalo told Business Insider that the transparency is meant to attract top job candidates.
He said the company also hopes to demonstrate to current employees that there's room for advancement within Buc-ee's.
Buc-ee's puts it all out there when it comes to its salaries, benefits, and vacation policies.
Of course, in the era of job sites like LinkedIn, Glassdoor, and Indeed, employees around the world are shining a light on previously obscure and touchy workplace subjects like pay and benefits. Nowadays, people increasingly want transparency when it comes to pay.
Buc-ee's is one company that bucks the trend by preempting questions surrounding compensation.
All 33 locations of the Texas-based convenience store chain have signs displaying information about pay for entry-level and managerial roles, company-wide vacation policies, and other benefits.
Buc-ee's general counsel Jeff Nadalo told Business Insider that the signs have been around as long as he can recall — and he's worked at the company for seven years.
The salaries listed on the Buc-ee's signs are, for the most part, above industry standards.
Nadalo say most applications take place through the store's website.
According to Bureau of Labor Statistics data from 2017, food service workers make an hourly wage of $9.81, cashiers make a median hourly wage of $10.11, vehicle cleaners make a median hourly wage of $12.39, hand laborers make an hourly wage of $12.44, and retail workers make an hourly wage of $13.20.
That's something Buc-ee's understandably wants to advertise to prospective job candidates. But the company's signage also has another effect.
"Our customers expect and look forward to a very unique experience," Nadalo told Business Insider. "We have to attract the best talent.
"And so we work very hard at not just providing a transparent wage schedule to those potential future team members, but also to remind those who are currently there of some opportunities that are there at the store, as well," he said.
According to Nadalo, the signs have had the desired effect.
"We've had folks who started out as cashiers and now they're at fairly senior levels within the home office," he said.
The signage should come in especially handy now that Nadalo said the chain is looking to hire more employees as the company prepares to open a new location in Baldwin, Alabama. This foray into the Yellowhammer State represents the first ever Buc-ee's store that will be built outside of Texas. Nadalo added that the company's ideal employee is friendly and hard-working.
"You're on your feet most of the day and you're customer-facing," Nadalo said. "Not only are you having to work hard, but you're having to do it in a manner that makes the customer feel like they're important."
Are you a current or former Buc-ee's employee with a story to share? Email acain@businessinsider.com.
SEE ALSO: Texans are obsessed with this rest stop chain you’ve probably never heard of
DON'T MISS: I tried one of the most infamous gas station sandwiches in America — here's the verdict
SEE ALSO: What it's like to work at the best sandwich shop in America, where employees get stock options and serious discounts
NOW WATCH: People are obsessed with this convenience store that's only in 6 states
More: Buc-ee's Rest Stop Pay Wages
BIStrategy
Challenger bank Varo, which has raised $179 million from Warburg Pincus and TPG, just took a big step that might separate it from competitors like Chime and Monzo
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World / Africa
Western nations call for political transition in Sudan
Protesters seek safety outside army headquarters in Khartoum for a fourth day as demonstrators call for President Omar al-Bashir to step down
09 April 2019 - 19:18 afp.com
Omar al-Bashir. Picture: AFP/ASHRAF SHAZLY
Khartoum — Western nations on Tuesday threw their weight behind Sudanese protesters demanding a plan for a political transition as security forces abandoned a bid to disperse demonstrators camped outside the army headquarters.
The protests, which first began in December, pose the biggest challenge to President Omar al-Bashir in his three decades of iron-fisted rule.
Thousands chanting “freedom, freedom” remained camped outside army headquarters in Khartoum for a fourth day on Tuesday, after security forces abandoned two separate bids to disperse them when soldiers fired in the air to protect demonstrators, witnesses said.
“The time has come for the Sudanese authorities to respond to these popular demands in a serious and credible way,” the embassies of the US, Britain and Norway said in a joint statement.
“The Sudanese authorities must now respond and deliver a credible plan for this political transition,” they said.
Thousands have been rallying since Saturday outside the sprawling complex that also houses the president’s residence in the largest demonstration since the protests erupted against a three-fold increase in bread prices in December.
The demonstrations have since mushroomed in towns and cities across the northeast African country, widening their demands to call for Bashir to step down.
Early on Tuesday, members of the National Intelligence and Security Service and riot police fired tear gas at the protesters in an abortive bid to end their sit-in, protest movement organisers said.
“There was heavy firing of tear gas after which army soldiers opened the gates of the compound for protesters to enter,” a witness said. “A few minutes later a group of soldiers fired gunshots in the air to push back the security forces who were firing tear gas.”
A second witness said soldiers had intervened against the security force agents.
Since the protests erupted in December, the armed forces have remained on the sidelines even as security agents and riot police have cracked down.
On Tuesday, the crowds could be seen hoisting soldiers into the air on their shoulders, and dancing and chanting with them. The demonstrators have called on the army to protect them from the deadly crackdown.
Hours later, security forces made a second attempt to clear the sit-in, witnesses said. They fired tear gas and shot in the air as they approached the area, witnesses said, adding that soldiers intervened again by firing in the air.
Footage obtained by AFP in Paris showed security agents also firing in the air to clear the sit-in on Monday, an operation that also had to be abandoned after troops intervened.
Troops can be seen firing machine guns as protesters run in groups, some taking shelter behind army vehicles and chanting “Allahu Akbar [God is Greatest]”.
‘No chaos’
Defence minister Gen Awad Ibnouf vowed the army would prevent any slide into chaos.
“Sudan’s armed forces understand the reasons for the demonstrations and is not against the demands and aspirations of the citizens, but it will not allow the country to fall into chaos,” Ibnouf said on Monday, quoted by the official SUNA news agency.
In a separate statement, army chief of staff Kamal Abdelmarouf said the military was “discharging its responsibility in securing and protecting citizens”.
Officials say 38 people have died in protest-related violence since December.
After a meeting chaired by Bashir on Sunday, Sudan’s security council said the demands of the protesters “have to be heard”.
Bashir — wanted by the Hague-based International Criminal Court on charges of war crimes and genocide connected with the suppression of a now 16-year-old ethnic minority rebellion in the western region of Darfur — took power in an Islamist-backed coup in 1989.
He has responded to the unrest with tough measures that have seen protesters, opposition leaders, activists and journalists arrested.
Interior minister Bushara Juma said seven protesters died and 15 were wounded on Saturday while 2,496 arrests were made.
The umbrella group spearheading the protests has appealed to the army for talks on forming a transitional government.
Omar el-Digeir, a senior member of the group, said protest organisers had formed a council to open talks aimed at agreeing a “transitional government that represents the wish of the revolution”.
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World / Asia
Protesters march on Omar al-Bashir’s residence amid calls to step down
Defiant Sudanese protesters stay outside army headquarters
Sudanese army blocks attempt to disperse protesters, say witnesses
Dubai’s Quranic Park opens to much fanfare
World / Middle East
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Bottomless Brunch In New York City Is Actually Illegal, Though No One Seems To Have Noticed
By Jenny Hollander
Dylan Rives/Getty Images Entertainment/Getty Images
The only thing more New York City than the Empire State Building is, let's face it, a bottomless brunch. So we've got bad news: it emerged Monday that the boozy weekend staple is, to the surprise of everybody, very much illegal. And the good news? No-one really cares. On Monday, the New York City Hospitality Alliance sent out a press release reminding everybody (read: informing everybody) of a little-known New York State law, which prohibits “selling, serving, delivering or offering to patrons an unlimited number of drinks during any set period of time for a fixed price."
Apparently, the law is rarely enforced in New York City, probably because nobody knows about (and those who do know about it take advantage of its obscurity to ignore it.) Just last week, Gothamist ran a profile of the city's best and worst bottomless brunch spots.
For those who don't know, bottomless brunch is roughly defined as "brunchtime drinking with no end in sight." Many NYC brunch spots offer a fixed-price deal, so that you can drink to your heart's content without racking up extra costs. But believe it or not, 27 states have some sort of law prohibiting drink deals like happy hour, two-for-one drinks, free alcohol, and/or unlimited drinks.
According to the NYCHA press release:
Recently there has been press about restaurants around New York City that offer bottomless brunches or unlimited drink offers. In most cases, these type of promotions are UNLAWFUL according to the NYS Liquor Authority (SLA). NYC restaurant and nightlife operators should familiarize themselves with the law by reviewing the following information courtesy of the SLA.
Can this remain one of those "on the books but never enforced" laws? Please?
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Build A Wedding Playlist To Find Out Your Ideal Honeymoon
Your taste in music will reveal the best vacation for you.
Posted on September 09, 2018, 16:46 GMT
Choose a song to get the party started:
"Celebration," Kool & The Gang
"No Diggity," Blackstreet
"Uptown Funk, " Mark Ronson ft. Bruno Mars
"Saturday's All Right For Fighting," Elton John
"Get This Party Started," Pink
"Shots," LFMAO ft. Lil Jon
"Yeah!," Usher
Choose a song from the '60s:
"Respect," Aretha Franklin
"All You Need Is Love," The Beatles
"Can't Take My Eyes Off Of You," Andy Williams
"Georgy Girl," The Seekers
"Brown Eyed Girl," Van Morrison
"Everlasting Love," Love Affair
“I Can’t Help Myself (Sugar Pie Honey Bunch),” The Four Tops
"Superstition," Stevie Wonder
"Reelin' In The Years," Steely Dan
"Dancing In The Moonlight," King Harvest
"Mr. Blue Sky," Electric Light Orchestra
"September," Earth, Wind and Fire
"I Want You Back," Jackson Five
"Dancing Queen," ABBA
Choose a first dance song:
"Your Song," Elton John
"Thinking Out Loud," Ed Sheeran
"Just The Way You Are," Billy Joel
"God Only Knows," The Beach Boys
"From This Moment On," Shania Twain
"All My Life," K-Ci & JoJo
"At Last," Etta James
"Call Me," Blondie
"Take On Me," A-Ha
"Don't Stop Believin'," Journey
"Maneater," Hall & Oates
"Centerfold," J. Geils Band
"Like A Virgin," Madonna
"Beat It," Michael Jackson
"MMMBop," Hanson
"Fantasy," Mariah Carey
"Don't Speak," No Doubt
"Getting Jiggy With It," Will Smith
"Baby One More Time," Britney Spears
"California Love," Tupac
"Pony," Ginuwine
Choose a classic wedding song:
"Cupid Shuffle," Cupid
"Macarena," Los Del Rio
"Y.M.C.A.," The Village People
"Electric Slide," Marcia Griffiths
"Celebration," Kool and the Gang
"Cha-Cha Slide," DJ Casper
"Shout," Isley Brothers
"Umbrella," Rihanna
"Poker Face," Lady Gaga
"Mr. Brightside," The Killers
"Party in the USA," Miley Cyrus
"Family Affair," Mary J. Blige
"Glamorous," Fergie
"Hey Ya!," Outkast
Choose a current song:
"In My Feelings," Drake
"One Kiss," Calvin Harris ft. Dua Lipa
"I Like It," Cardi B, Bad Bunny, and J Balvin
"No Tears Left To Cry," Ariana Grande
"This Is America," Childish Gambino
"Girls Like You," Maroon 5
"Mine," Bazzi
Choose a song to close the night:
"Don't Stop Believing," Journey
"Take Me Home Tonight," Eddie Money
"Save The Last Dance For Me," The Drifters
"I've Had The Time of My Life," Bill Medley
"We Are Family," Sister Sledge
"Closing Time," Semisonic
"XO," Beyoncé
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Jacob Clifton
Jacob Clifton is a former writer for Television Without Pity and Gawker, and currently the Deputy Editor at Screener.
The Downfall Of YouTube’s Biggest Star Is A Symptom Of A Bigger Illness
The schadenfreude over YouTube star Felix Kjellberg’s sudden fall from grace overlooks a much bigger, more insidious pattern of young men testing boundaries in the angriest corners of the internet.
Jacob Clifton • 2 years ago 2 years ago
Follow On Twitter Twitter Follow On Twitter
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BASF opens $33M plant science R&D facility in North Carolina
80,000-sq. ft. expansion includes new office, laboratory and greenhouse space
by Canadian Manufacturing Daily Staff
LUDWIGSHAFEN, Germany and DURHAM, N.C.—Chemicals giant BASF has cut the ribbon on a new research and development facility in North Carolina that will act as a hub for its plant science products.
According to the firm, it has officially inaugurated its new $33-million expansion in Research Triangle Park (RTP) in Durham, N.C.
The 80,000-sq. ft. expansion includes new office, laboratory and greenhouse space.
“This expansion demonstrates BASF’s strong commitment to (its) Agricultural Solutions and strengthens our research and development capabilities,” BASF Plant Science president Peter Eckes said in a release.
“This investment demonstrates our commitment to our employees, our neighbours and the state of North Carolina.”
The facilities include a climate-controlled greenhouse and laboratories for plant biotechnology research and a new environmentally-controlled insect production facility to expand insect control research.
In RTP, BASF manages a total of 480,000 sq. ft. and employs approximately 950 people.
RTP serves as headquarters for the North American activities of BASF’s Crop Protection division as well as global headquarters for the Plant Science division.
BASF has been working out of North Carolina since 1986.
Linamar, Georg Fischer JV plans US$200M castings facility in North Carolina
Several injured by explosion at BASF facility in Germany
BASF dissolves paper chemical division
Two dead, one still missing after chemical blast at BASF plant
Feds launch program aimed at funding aerospace, defence tech
Ainsworth Lumber bought by Louisiana-Pacific in US$1.1B deal
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Bachelorette Rachel Recap: By The Numbers! (Week 2)
Angela Travis May 30, 2017
This Week, The Bachelorette Saw Six Shirtless Men, Heard Four “Right Reasons” and Suffered 21 “Wabooms.” But The Real MVP Was Rachel’s Dog, Copper.
Aaaaaaaaaaaaaaaaand we’re back!
Boy are we: The second week of Dallas lawyer Rachel Lindsay’s season of The Bachelorette brings with it this run’s first group dates and a one-on-one date. Better still, it brings some characters to the forefront — yes, there are plenty of WABOOMS — as other suitors drift to the background.
Our gal Rachel even has some help from a couple of celebrities this week — legit ones, too. During the “Husband Material” challenge, Ashton Kutcher and Mila Kunis come by to help. Then, during the basketball group date, Kareem Abdul-Jabbar steps in as coach. No, these names don’t add anything substantial to their respective dates, but their commentary makes for good laughs, like when Kunis asks which of the guys has health insurance — always a solid question when looking for a husband.
We also see our first bachelor sent home during an actual date, but more on that later.
Onto the numbers!
The Numbers!
“I Love You” Utterances: 0.
Shirtless Men: 6. There’s a quick glimpse of some bachelors sitting at the pool! We’ll take it!
Bro Hugs/High Fives: 6.
“Right Reasons”: 4.
Cries: 1. Rachel gets upset about DeMario’s lies.
Drunk Antics: 0.
Kisses: 6.
Confrontations: 2. Blake continues his disdain for Lucas and brings up Lucas’s ex. Blake also gets the group to confront Lucas about not being on the show for Rachel but rather to be on TV. Blake even tells Rachel that Lucas brought makeup with him so he will look flawless on camera. Blake is really out here!
Exes Mentioned: 3. This one ties in with the second confrontation. Turns out, DeMario has an “ex” — and she shows up at the at the basketball date! Seems DeMario never really broke it off with her, and she’s pissed. He says he broke it off, but his ex says he did not. Old messages on her phone even come into play, and Rachel is having none of DeMario’s flimsy explanations. She rightfully tells him to “get the f*** out”. Apparently, DeMario’s definition of “in a relationship” didn’t line up with his ex’s definition. Relationships are hard! Either way, Rachel is done with him.
Wabooms: 21. And a whopping 15 of those were in the first 32 minutes.
Hot Prospects.
Dean receives the group date rose during the “husband material” date. He has a sweet, nervous energy when he’s around Rachel; they laugh a lot, which is obviously a good sign. Peter gets the first solo date of the season and bonds with Rachel over the fact that they each have a gap between their two front teeth. It’s adorable, and the who seem at ease with each other. Plus, Rachel and Peter got to have their date with Rachel’s dog Copper, and together they hang out at a dog party complete with pools and a photo booth. How fun is that??
We Have A Villain!
Lucas just continues to rub people the wrong way. But he’s not necessarily villain material. We say to keep a eye out for Lee, the songwriter. There’s this one random scene with him chatting and being a little too cocky. Think about it: That scene was shown for a reason.
Trends Spotted!
This show likes pulling in drama from people’s past, huh? Obviously, DeMario’s ex shows up. Also, Fred and Rachel know each other from grade school and Rachel still can’t get past how Fred used to behave as a third-grader, which means things don’t look so good for him. Lastly, Blake and Lucas knew each other before the show. Now, OK, there might normally be one of these storylines in a single series of this show — but three? The producers are really going all out to guarantee interesting TV this year.
Most Valuable Player.
No offense to Ashton, Mila or Kareem, but Copper was the real MVP this week. More Copper in future episodes, please!
Final Rosey Thoughts.
Rachel continues to impress with how she handles herself on screen. Even during the DeMario ridiculousness, she’s composed and likable and never overwhelmed. Even when DeMario shows back up at the end of the episode, and we’re left with a cliff-hanger and no rose ceremony, she’s got this. Or does she?!?!?!
Until next week!
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Angela Travis
Teacher by day, movie watcher and Broadway lover by night, Angela has been covering movies for seven years in the DFW area and has covered man festivals including Fantastic Fest, Dallas International Film Festival, and Oak Cliff Film Festival. She has a soft spot for musicals, found footage films, and thinks the Step-Up films are cinematic masterpieces.
Angela Travis July 11, 2019
Travis McMillan July 11, 2019
[Film Review] Spidey’s Latest Ain’t Too Far From Homecoming.
Javier Fuentes July 3, 2019
[Film Review] The Sun Doesn’t Quite Shine On Midsommar.
Angela Travis July 3, 2019
Coming Attractions: Once Upon A Time In Hollywood, Midsommar & More.
Kip Mooney July 1, 2019
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Modern Wireless Whole-House Audio Systems Out Perform Yesteryear’s Solutions
As the whole-house audio market continues to evolve, the maturation of wireless technologies is supporting system designs that are more reliable then ever.
Supporting a range of applications that include home theater and whole-house audio, the Bluesound line of products feature Lenbrook's BluOS operating system.
More about Lenbrook
Lenbrook serves a diverse customer base including independent retailers, custom home theatre and automation integrators, major consumer electronics retailers, premium...
Lenbrook Company Info
Robert Archer · December 4, 2018
Usually when someone says a phrase like, “back in the day” they are inferring that something used to better. When it comes to whole-house audio, it’s unlikely anyone would ever prefix a conversation about these systems by saying, "back in the day.”
The reason why that conversation will never happen is that whole-house audio systems have evolved, and now thanks to the maturation of wireless technologies and the explosion of streaming media, today’s systems far surpass those systems of yesteryear.
A Trip Down Whole-House Audio Memory Lane
Looking back at the evolution of the whole-house audio category, Joe de Jesus, product manager, custom installation, Lenbrook, recalls the difficulties of installing that previous generation of systems and says today’s systems are much more dealer friendly.
“The constraints we had to work with in the early days of distributed audio came on several fronts. First and most obvious was the cable runs from media to amplification, to control of volume to speakers was a considerable challenge with very little latitude. Cable distances alone made for a fairly defined envelope of what could be accomplished at a price," he comments.
"The level of creativity which early designers and installers exhibited was exciting, but in some cases pride swallowing. When things went wrong, they were extremely expensive to rectify if at all possible.
"The second constraint was how a customer interacted with the system, the way one chose the content; chose the zone and affected the volume often meant touching the source itself, hitting a speaker switcher and then going to a volume pot on a wall. It seems like something from the dark ages, but we worked with what we had,” says de Jesus.
Related: Lenbrook’s BluOS—The Making of a Wireless Audio Platform
“The third factor was the content itself. With the exception of an external feed from a tuner of some sort [FM, satellite], the content you listened to resided within the walls of your home in some physical format. The external feeds meant sitting back and listening to what the station had to offer without any control of the content itself.
"One had more control over the content you owned but it was limited and required housekeeping. I remember the days of guys loading 300-disc CD changers and hoping for the best,” says de Jesus.
"From the manufacturing side, we are now able to create a single product which contains search functions, media and zone management, amplification and even the speakers themselves in one tidy easy to use package."
— Joe de Jesus, Lenbrook
By the early to mid-2000s, whole-house audio systems began to technologically progress through the advent of matrix amplifiers, network advancements, and the introduction of the Apple iPod as a source component.
de Jesus says matrix amplifiers made zone management easier, and the iPod made content access easy for mainstream music listeners. Network advancements he says, however, have made the biggest difference in helping to facilitate the adoption of whole-house audio.
“In my opinion, the home network has completely changed the rules of the game. Now we have the ability to access content from a variety of sources both internal and external, as well manage each zone from the comfort of our couch with a couple of touches to our smartphone,” emphasizes de Jesus.
“Take that one step further, and we can see a not too distant future where voice control adds a different means of reliable interface. From the manufacturing side, we are now able to create a single product which contains search functions, media and zone management, amplification and even the speakers themselves in one tidy easy to use package. Just add network access and away you go.”
Modern Systems Deliver Reliability
A big reason why home networking has become popular over the past decade plus has been the rapid development of wireless networking technologies.
Over the past several years the networking industry has developed the 802.11b, 802.11g and 802.11n formats, which all represented an increase in reliability and speed. More recently, 802.11ac and now 802.11ax offer even faster speeds, more support for bigger networks, and improved network coverage.
“Certainly the ease of use has made distributed audio open to a much larger demographic. User experience is a central focus of our company,”
The result of the improvements made to wireless networking technologies is that home networks and wireless products that include audio components are more reliable than ever before.
Pointing out some of the elements that are not as well publicized that are also related to the growth in popularity of wireless A/V entertainment, de Jesus says the reliability of wireless enables a range of system designs that include mixing wired and wireless products.
Coinciding with the maturation of wireless networking technologies, de Jesus stresses user interface designs have also improved.
“Certainly the ease of use has made distributed audio open to a much larger demographic. User experience is a central focus of our company,” he comments.
“Creating an intuitive interface, which allows a customer to surf through the most popular functions like searches, playlists, zones, group zones are not as easy as it looks. We have the ability to build an incredible level of details and versatility into our system, but the question becomes, ‘how much is enough.’
"At what point does sophistication becomes complication. I want to be able to hand my tablet to my technophic aunt with little to no instruction, leave the room and be confident that she will be listening to the music she wants in the room that she wants with no addition help from me," de Jesus says.
Products like his company’s BluOS platform support users that own Apple iOS, Android, Apple OSX, and PC products to allow them to utilize their favorite computing products as interface solutions.
In addition, voice control provides another layer of control that wasn’t available with previous generations of whole-house audio products.
Whole-House Audio Capable of Delivering Audiophile Performance Levels
Regardless of how modern systems are controlled, the intuitiveness of today’s modern interfaces enables homeowners to access their favorite streaming services. These services are much more convenient to use than legacy solutions such as CD players, radio and even vinyl.
De Jesus says digitally stored music and streaming services organize content in a manner that is conducive to daily use and they provide instantaneous access.
“In the early days of accessing music files and track information was less than user-friendly, but progress was made and metadata has improved dramatically. The only downside to the change from physical media to content on a hard drive is the unfortunate belief that content could either be good or easy to access,” recalls de Jesus.
de Jesus continues:
“People loved the idea of accessing hundreds of songs from something they could carry around in their pocket, but [they] came to believe that basic MP3 quality was the best they could hope for. Although we have made great progress in making high-resolution content easily accessible, it is not a widely known fact. Many people still believe the best they could hope for is CD quality. This kind of binary thinking is unfortunate, but it presents an incredible opportunity. Our BluOS platform proves that you can have both—and in a variety of applications. We are capable of delivering high-resolution music wirelessly with a very easy-to-use interface. If our partners can explain, educate and demonstrate how good distributed audio can be to their customers we all stand to create a situation where we can offer the client something, which they didn’t know was possible and thus be rewarded. Conversely, it is hard to sell a better speaker or a better amplifier when you don’t have source material stringent enough to show the differences between good, better and best."
Taking a closer look at the BluOS platform, Lenbrook designed the operating system from the ground up to serve the installation community as a flexible whole-house audio solution that could deliver high-resolution audio to multiple zones.
The proprietary platform backbones whole-house audio products from Lenbrook’s NAD and Bluesound brands, and these products utilize speaker designs from Lenbrook’s PSB brand and its founder Paul Barton.
The BluOS operating system includes Apple AirPlay2 wireless streaming, support for high-resolution 24-bit/192kHz WAV, FLAC and ALAC files, aptX Bluetooth streaming, and the ability to play MQA high-resolution audio files.
Validating the BluOS’s feature set as a system engineered specifically for custom installation is the inclusion of third-party control integration with brands such as Control4, Crestron, Elan, Lutron, RTI and others.
Combining all of these audio options along with the control capabilities offered by BluOS, Lenbrook developed the operating system to adapt to any home application without sacrificing sound quality to provide users with a premium audio solution.
To learn more about how BluOS can help integrators, on Wednesday December 12 at 11 a.m. EST, de Jesus and his colleague Andrew Haines, partnerships, development & BluOS product manager, Lenbrook International, will conduct a webinar in conjunction with CE Pro that elaborates on the benefits of a modern whole-house audio system in an interactive forum.
Sign up for the webinar here!
Summarizing the Dec. 12 discussion, de Jesus says that any dealer that would like to bolster their revenues through the sales of whole-house audio systems should investigate the advantages of the BluOS platform.
“Integrators are always interested in having products or solutions, which allow for great latitude in design, consistency in performance, clean and cost-efficient deployment, and last, but not least—product support they can rely on. Lenbrook’s greatest strength is having a vast amount of insight into optimizing these aspects from its experience with our main brands: NAD, Bluesound and PSB,” adds de Jesus.
“We are constantly refining our products and support systems to make us the best possible partners we can be to the integrator. The path is long and there are many rivers to cross.
"We do not have all the answers, but we have some very smart and dedicated people who get up every day and try to make us more relevant to our clients. It is an ongoing task because the nature of our business is one of constant change. Lenbrook’s decades of experience with a wide array of product offerings is the great value to our partners.”
Bob is an audio enthusiast who has written about consumer electronics for various publications within Massachusetts before joining the staff of CE Pro in 2000. Bob is THX Level I certified, and he's also taken classes from the Imaging Science Foundation (ISF) and Home Acoustics Alliance (HAA). Bob also serves as the technology editor for CE Pro's sister publication Commercial Integrator. In addition, he's studied guitar and music theory at Sarrin Music Studios in Wakefield, Mass., and he also studies Kyokushin karate at 5 Dragons in Haverhill, Mass. Have a suggestion or a topic you want to read more about? Email Robert at robert.archer@emeraldexpo.com
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View Robert Archer's complete profile.
Home Theater · Speakers · Loudspeakers · Amplifiers · Wireless · Audio/Video · Distributed Audio · News · Resources · Sponsored · Apple · Bluesound · Control4 · Crestron · DALI · Elan · All Topics
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What’s On This Weekend: 21 to 23 December
The A-list by Celine Chong
The A List featured Screen Dream - our online exclusive of Esmond Loh’s new works on their list of What’s On This Weekend!
Visit this virtual art exhibition and find out more about this young Singaporean artist and his abstract paintings.
Please read more here
25 Best Things to Do in Singapore
Chan + Hori Contemporary is featured as Number 24 on the list of “25 Best Things to Do in Singapore” on VacationIdea. VacationIdea is a Dream Vacation Magazine named “Best of Web” by Forbes for nine years.
Perfect Strangeness
Artist Profile by Micheal Ho
Dawn Ng’s practice compels us to come face-to-face with what she believes truly motivates us: the desire to belong.
Present Day: The Business Time Weekend on 7-9 December 2018
Chan Hori Contemporary Advent Charity Sale
Ruben Pang has a long waiting list. Latiff Mohidin is the first Southeast Asian artist in the region to have a solo at the Pompidou Centre. Loi Cai Xiang sold nearly all his works in his debut exhibition. Kamin Lertchaiprasert is collected by the Guggenheim.
Singapore Festival 2018: The Best of Singapore Comes to Bogalay Zay Street
Myanmore by Jessica Liang
From 30th November until 2nd December, Bogalay Zay Street will become a microcosm of the best that Singapore has to offer. Welcoming the third Singapore Festival, which started in 2016, the idea behind the concept is to allow Yangonites to experience all that Singapore has to offer – without leaving the city.
The three-day festival will run from 4pm to 9pm each evening and will showcase food, cultural experiences as well as entertainment in one stop. This year, the event will be collaborated with local multi-discipline restoration and placemaking social enterprise, Doh Eain.
Article posted on 14 November 2018
The Singapore Festival in Yangon opens today
Zao Bao by Wen Huang
The Singapore Tourism Board will start tonight on December 2nd, in cooperation with Doh Eain, a social enterprise that activates the urban community in Yangon, Myanmar, to close the Bogalay Zay street in the city centre and hold the 2018 Singapore Festival key project.
Inspired by the Burmese Street Festival, the Singapore Festival launched the “500 Myanmar Burmese Food Festival” for the first time. There are 20 stalls that match the similar street foods in Singapore and Myanmar, attracting many people to taste, and the crowd is lively and lively. . Singapore’s Michelin star hawker Chen Hanming’s “Where the Hong Kong Oil Chicken Rice Noodle” booth has been lined up with special talents.
Article in Chinese
Atypical Singapore – Bringing an Artful Taste of Singapore to the World
Artitute by Geraldline Lee
Atypical is defined as “different from all others of the same type” according to the Cambridge Advanced Learner's Dictionary & Thesaurus. So with this description as a touchstone, the Singapore Tourism Board has launched Atypical Singapore, an art and augmented reality technology showcase that brings a slice of Singapore’s artistic facet into the streets of select cities. Part of the Passion Made Possible global campaign, Atypical Singapore presents seven contemporary artists from different specialisations whose exhibits connect with viewers through multi-sensory art experiences, participation and dialogue.
Singapore Festival 2018, Myanmar runs 30 November to 9 December with Atypical Singapore activities happening 30 November to 2 December.
Link to ATYPICAL: link
Singapore Festival captures the imagination, taste buds of revellers
ArtHop by Nandar Aung
Over the past few years residents and regular visitors to Yangon have witnessed the slow but steady transformation of some of the city’s back alleys from dingy, rubbish-strewn and mosquito-infested spaces, into vibrant children’s playgrounds and photo locations for adults.
Closed and dirty parks have also been transformed into recreational places for both the young and the old alike.
Thanks to the Yangon regional government’s openness to cooperating with international and local non-government organisations, the city is slowly becoming a hive of activity for both local and international events, once again becoming a fun city it used to be as.
Article posted on 03 December 2018
Seven contemporary artists handpicked by Chan + Hori Contemporary and The Singapore Tourism Board
ARTREPUBLIK Edition No. 20 Fall 2018 by Durriya Dohadwala
As part of the global campaign, Passion Made Possible, Singapore Tourism Board (STB) and Chan + Hori Contemporary have collaborated to launch the showcase Atypical Singapore.
Showcasing Singapore’s traditional icons and local subcultures through art and augmented reality technology
More information can be found at stb.gov.sg
Create To Curate
Portfolio Mag by Anton D. Javier
Photography by Chino Sardea
Originally published on 5 October 2018
A career in the arts was something unexpected for Mr. Khairuddin Hori, Curatorial Director and Partner at Chan + Hori Contemporary (previously known as Chan Hampe Galleries). “I was always interested in the arts and was exposed to it mainly through accompanying my eldest sister attend arts and culture events,” shares Mr Hori. “But it was when I was 16 that I was dragged to participate in traditional performing arts events and later, introduced to students from LASALLE and artists from The Artists Village by two of my best friends. It was then that I seriously thought about it.”
Second wave of Singapore tourism campaign unleashes local talent
Yixin Ng from ttgasia
The Singapore Tourism Board (STB) has kicked off the second wave of its Passion Made Possible campaign with a greater emphasis on co-creation with local talents.
Since taking off last year, the campaign has been launched in 20 markets through marketing activities and industry partnerships. Over the next few months, STB will roll out brand activations in at least 16 overseas markets.
In the campaign’s second wave, STB is introducing three new passion tribes – namely Culture Shaper, Socialiser and Action Seeker – adding to Foodie, Collector, Explorer and Progressor introduced last year.
Please read more here: link
Article on Atypical Singapore
Article posted on 30 August 2018
$30,000 gallery prize for rising artists
The Straits Times by Akshita Nanda
Singapore-based visual artists Dipali Gupta and Gemma Kearney have won the fourth edition of the annual Chan-Davies prize, worth $30,000.
The prize is given by Chan + Hori Contemporary gallery to two graduating artists from Lasalle College of the Arts. Each winner receives $15,000 in cash and an exhibition at the Gillman Barracks gallery, which runs from Saturday to Aug 19.
Ties of History Art in Southeast Asia
Chris Chong Chan Fui, Ties of History: Art in Southeast Asia. As the Association of Southeast Asian Nations (ASEAN) concludes the commemoration of its 50th anniversary, the Philippines marks the historic occasion by hosting a contemporary art exhibition featuring ten artists who will represent each ASEAN member state. The exhibit entitled, Ties of History: Art in Southeast Asia, is curated by noted art historian, scholar, and curator Patrick D. Flores. It will be held simultaneously in three major art institutions in the Philippines: the Metropolitan Museum of Manila (MET Manila), the University of the Philippines Vargas Museum, and the Yuchengco Museum. It will be on view from August 10 to October 6, 2018.
Latiff Mohidin’s “Langkawi”: The Within and Beyond
Arts Equator by Gerald Sim
As with any thought-provoking installation, Latiff Mohidin’s “Langkawi” series, on show at Chan+ Hori Contemporary, evokes a large range of perceptions from its audience. A cursory survey of his arca dinding will bring to mind many different things for different people.
Quiet by the sea
ZaoBao by Lianhe Zaobao
Since the publication of "Pago-Pago" (1964-1969) and "Heartscape" (1973-1974) series, he has made a name for himself in the Malaysian art world. The painter Latiff Mohidin has been using the Langkawi series for a few years. 1976-1980) set off again.
Exploring Mental Health Through Art
First Look Asia is the region's leading English news and lifestyle breakfast show. From technology to health, we bring you the latest trends and developments. Join Yvonne Chan, Lance Alexander and Adam Bakhtiar for your dose of news, views and interviews every weekday from 7.00 to 9.00am SIN/HK.
TURNING A CORNER
Gillman Barracks, set up six years ago to be the focal point of Singapore's arts landscape, gets up to 700 visitors a day, but galleries want more support with place-making and publicity
Tags Chan + Hori Contemporary, Gillman Barracks, Straits Times
ARTIST AS HUMANIST
Lodown Magazine
Contemporary art has a long tradition of engagement with societal developments and events. Expressing alternative positions and raising awareness about topical issues, artists are able to utilise their unique position as a voice for change through their work. Tapping into discussions concerning class, gender, race, politics and the environment, the concept of the artist as activist is a powerful one. In reaction to the social realities of migration – namely the 2015 European migrant crisis – global humanitarian concerns are an increasingly recurring thematic within the vocabulary of the current contemporary avant-garde.
Tags Belinda Fox, Lodown Magazine
CHOICE PICKS
Shentonista
Chan + Hori Contemporary Curatorial Director Khai Hori's interview with the Shentonista
Tags Shentonista, khairuddin Hori
BEYOND THE WHITE WALLS
Chan + Hori Contemporary founder Angie Chan interview with the Shentonista Website
Tags Shentonista, Angie Chan
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3 days | UK | Tough
Any charity
World Child CancerAD Construction
Compassion UK
Book on between now and 31st July and receive an extra £100 off your final trip costs.
Sign up today and pay only £280 after your registration fee.
Fri 06 Sep - Sun 08 Sep 2019
In aid of Compassion UK
Take on the highest mountains in the UK
Be one of the first hikers of the day to take on Ben Nevis
Tackle Scafell Pike at night
Finish your challenge on Wales's infamous peak, Snowdon
Aim to summit all three peaks in 24hrs!
Brace yourself for a fast-paced and physically challenging adventure, as you take on the three highest peaks in England, Scotland and Wales. Considered one of Britain’s toughest outdoor challenges, the National 3 Peaks Challenge takes in the dizzy heights of Ben Nevis (1,344m), Scafell Pike (978m) and Snowdon (1,085m).
Over the course of two days, you will trek around 26 miles and ascend to a total height of almost 3,000m. This is a serious and tough challenge which requires a good level of fitness, as well as plenty of grit and determination. Ultimately, however, your hard work will be rewarded with spectacular views and a huge sense of achievement.
Please Note: We have listened to recent criticism regarding the impact that 24 Hour National 3 Peak challenges were having on the local areas. Our itinerary is designed to minimise these negative impacts. Whilst we aim to complete this challenge as fast as possible we will not do so to the detriment of local communities that this challenge passes through or with any reduction in the safety of the challenge. Please read our specific National 3 Peaks Responsible Tourism policy for more information.
National Three Peaks Charity Trek
National Three Peaks Ben Nevis
Dave Richards
Craig Pallister
National Three Peaks Scafell Pike
This was the toughest physical endurance event I have ever done, but in the end it was well worth it and so satisfying to complete. The guides and organisation were brilliant and kept everyone going with their humour and knowledge of the area. It is something I would highly recommend.
Jon Goss
As tough as the challenge may be, we were lucky to have this opportunity.
Vina Patel
The 3 Peaks Challenge is a tough weekend which will test not only your physical capabilities but also your mental toughness. The aches and pains will fade fast but the memories and sense of achievement will last forever.
Derek Robinson
https://www.charitychallenge.com/expedition/2947/National-Three-Peaks-Challenge
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From Monday through Thursday, ICE officers detained 200 individuals in North Carolina alone, not counting another 25 who were arrested in an unrelated raid on an arms manufacturing plant in Sanford.
Watch ABC11's report after federal agents detained at least 30 people during a raid at Bear Creek Arsenal, a firearms manufacturing plant in Sanford, NC.
Sheriffs in Mecklenburg, Wake and Durham counties — all of whom emphasized severing ties with ICE in their campaign platforms last year — defended this shift, rejecting the notion that it had made their jurisdictions more dangerous.
And immigrant rights groups blasted ICE for stoking fear and using the decisions of local law enforcement to justify heightened ICE enforcement.
Across the state, the arrests — many of which took place at traffic stops by officers in vests that read “POLICE” — left immigrant communities paralyzed, they said.
“This is not new,” said Viridiana Martinez, an organizer with Alerta Migratoria NC, an activist group in Raleigh. “It’s just the first time since the sheriffs have drawn the line in the sand. To me, this is clearly in retaliation.”
Nearly one-third of those taken into custody by ICE this week are what the agency calls “collateral” arrests: immigrants who are living here illegally but lack any kind of criminal conviction or pending charges.
That figure was less than 10 percent for those arrested in the most recent fiscal year. Gallagher, the ICE field director, said more of these individuals are likely to be taken into custody when ICE is restricted from accessing county jails.
“If they’re in the wrong place at the wrong time, my officers will take an enforcement action,” he said.
A portion of a Facebook Live video by Christian Canales shows his encourter with law enforcement during an immigration raid at Bear Creek Arsenal. He was arrested a day later and charged with communicating threats to law enforcement officers.
As the news conference took place inside a Department of Homeland Security office in south Charlotte, city council member Braxton Winston was threatened with arrest for trying to enter the building without media credentials, he said.
Speaking to reporters and activists outside the office, Winston said he was told by Robert Alfieri, an ICE official, that the arrests represent a “new normal” because Mecklenburg County’s new sheriff, Garry McFadden, is not cooperating with federal immigration enforcement.
Under the controversial 287(g) program, local deputies check a federal database to see if any inmates are in the country illegally. If they are, inmates are held until ICE can detain them and begin deportation proceedings. About 1,200 individuals were detained through the program in Mecklenburg County last year.
Community activists, along with Charlotte City Council member Braxton Winston protested increased ICE arrest activity outside the Charlotte offices on Friday, February 8, 2019. Winston says he was threatened with arrest.
McFadden and Wake County Sheriff Gerald Baker each defended their decision to terminate the program, noting that inmates are released from county jail based on court orders or bail set by the courts.
“To suggest that dangerous people are suddenly walking out of jail because of the termination of the 287g policy is engaging in cynical fear mongering,” McFadden said in a statement.
Mecklenburg County Sheriff Garry McFadden feels the ICE-sponsored program is detrimental to building trust in local immigrant communities
And Baker, whose campaign platform included promises to end the program, said in a statement that his office “has no role in immigration enforcement.”
Wake County began participating in 287(g) in 2007, under Republican Sheriff Donnie Harrison. Last fall, the sheriff’s office said 10,883 people were processed through the program in Wake between 2013 and 2017. Of them, 1,483 were deported, according to the office.
Harrison, who lost his seat in November to Baker, a Democrat, said participating in the program helped deputies identify suspects who provided aliases.
Wake County Sheriff Gerald Baker announces the end of his department's participation in 287g, a program allowing them to collaborate with ICE to detain people living in the United States illegally, during a press conference on Friday, Dec. 7.
Felicia Arriaga, an Appalachian State University professor who has studied 287(g), said that this week’s arrests represent a shift in how ICE conducts enforcement locally.
While similar kinds of wide-scale arrests have occurred in February for several years, Arriaga said that ICE is no longer able to rely on county jails and must instead depend on other partnerships with local law enforcement.
At least a handful of arrests occurred in Alamance County, which has not participated in 287(g) in several years but where the county jail contracts with ICE to house immigrant detainees.
In Durham County, Sheriff Clarence Birkhead “stands by his decision to end the practice of honoring ICE detainers,” his office said.
“It is unfortunate that ICE is now becoming more active in North Carolina, specifically in Durham,” Birkhead said in a statement. “The recent actions of ICE agents are making persons, in our community, afraid of law enforcement.”
Of the 200 individuals arrested this week, one-quarter have criminal convictions, one-fifth have pending cases and another quarter have evaded deportation orders.
Sheriff Garry McFadden ends 287(g) on his first day
Wake County Sheriff announces an end to collaboration with ICE
Undocumented man arrested after leaving sanctuary to meet with immigration officials
Mecklenburg Co. Sheriff Garry McFadden tells why he’s against the 287(g) program
ICE has arrested dozens of people across North Carolina this week
Teo Armus
Teo Armus writes about race, immigration and social issues for The Charlotte Observer. He previously worked for The Washington Post, NBC News Digital, and The Texas Tribune, including a stint reporting from the U.S.-Mexico border. He is a graduate of Columbia University and a native Spanish speaker.
Marianne Williamson campaigns at Heist Brewery
Charlotte Mayor Vi Lyles registers for re-election
By Lesley Clark
Mitch McConnell said Tuesday that President Donald Trump isn’t racist but declined to say whether Trump’s tweets about four House Democrats were. He urged everyone to tone down their rhetoric.
MORE POLITICS & GOVERNMENT
NC lawmakers let virtual charter schools add more students despite low test scores
The Latest: Planned Parenthood won’t comply with Trump rule
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Home Esoteric Recordings INVISIBLE MEN: REMASTERED & EXPANDED 2CD EDITIONAnthony Phillips
INVISIBLE MEN: REMASTERED & EXPANDED 2CD EDITION
NEW REMASTERED & EXPANDED 2 CD DIGIPAK EDITION OF THE 1983 ALBUM BY GENESIS FOUNDER ANTHONY PHILLIPS
WITH BONUS DISC – “INVISIBLE MEN: OUT-TAKES & DEMOS” – PREVIOUSLY UNRELEASED
NEWLY MIXED & MASTERED FROM THE ORIGINAL TAPES
FULLY RESTORED ARTWORK AND LINER NOTES BY JON DANN
Esoteric Recordings are proud to announce the release of a newly re-mastered and expanded edition of “Invisible Men”, the 1983 album by GENESIS founder member ANTHONY PHILLIPS.
“Invisible Men” was a song based album which saw Anthony collaborate with Richard Scott.
SKU: ECLEC22603
Categories: Esoteric Christmas Sale, Esoteric Recordings
Tags: anthony phillips, cherry red records, progressive rock
Released in 1983 in the USA and the following year in the UK, “Invisible Men” features the lighter side of Anthony Phillips’ musical character and some fine, well-crafted songs. Material such as ‘The Women Were Watching’ and ‘Exocet’ reflected the times in which they were created.
This new 2CD digipak deluxe edition of the album features a newly re-mastered original stereo mix of the album and an additional CD of 16 previously unreleased demos and material recorded during the period “Invisible Men” was recorded.
It includes an illustrated booklet that fully restores the original album artwork and features a new essay by Jon Dann.
1. GOLDEN BODIES
2. THE WOMEN WERE WATCHING
3. TRACES
4. EXOCET
5. LOVE IN A HOT AIR BALLOON
6. GOING FOR BROKE
7. FALLING FOR LOVE
8. SALLY
9. I WANT YOUR HEART
11. IT’S NOT EASY
12. MY TIME HAS COME
13. TRAIL OF TEARS
14. THE BALLAD OF PENLEE
15. ALEX (ATMOSPHERE STUDIOS VERSION)
DISC TWO
INVISIBLE MEN: OUT-TAKES & DEMOS (PREVIOUSLY UNRELEASED)
1. GIMME LOVE
2. FALLING FOR LOVE (ALTERNATE VERSION)
3. MY TIME HAS COME (INSTRUMENTAL MIX)
4. GOLDEN BODIES (DEMO)
5. MYSTERIOUS CONSTITUTION OF COMETS
6. SHE’S GONE
7. GRACIELLA
8. OVER AND OVER AGAIN
10. ALIEN
11. REFUGEE FROM LOVE
12. SOMETHING BLUE
13. HOLDING YOU AGAIN
14. DARLING
15. SHADOW IN THE DESERT
16. FINALE (ATMOSPHERE STUDIOS VERSION)
11. IT'S NOT EASY
6. SHE'S GONE
Progressive, Rock
XII: 3 Disc Deluxe Remastered & Expanded Edition
Eclection: Remastered & Expanded Edition
Private Parts & Pieces I-V: 5CD Deluxe Clamshell Box Set
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CHS girls tennis thumps competition to 4-2 record
The Claremont High School girls varsity tennis team continued their winning ways by defeating South Hills High School, 16-2, last Thursday in Claremont. The Pack’s number one doubles team, juniors Astrid Petropoulus and Emma Behrens, won all three of their matches without dropping a game. Number three doubles team, seniors Jillian Ontiveros and Grace Wride saved two match points to beat South Hills’ number 1 doubles team, 7-6 (6). Claremont’s number one singles player, freshman Goldie La improved her overall record to 13-0, with a win over the South Hills’ number one player.
The Pack returned to action on Tuesday with a home match against Bonita High School. The girls moved to 3-0 in league play with a 14-4 win over the Bearcats. Singles players, Elizabeth Wu, Jahday Drewery, Caren Uribe and La dominated by winning all 9 singles sets. Their overall record is now 4-2.
Volleyball team’s hard play gets mixed results
Claremont went 3-1 in pool play during the Ayala tournament last weekend, but lost in the finals, which were decided by a single set of play. Claremont beat Arcadia in the first set before losing to Martin Luther King.
The girls lost to Glendora 3-0 last Wednesday but played well, keeping each set within a handful of points. The loss was a disappointment, but Glendora is a very competitive team so Claremont had to play faster, which will make the Pack a better team, according to coach Angel Posada.
He also praised the efforts of Kylie Robinson, calling her a “natural all around athlete.”
“It’s nice having a player like her. She is like another coach on the court because of her knowledge of the game and she has the trust of her teammates,” Coach Posada said.
They played Bonita at home Wednesday night in another tough match, but unfortunately lost to the Bearcats, 3-1. Bonita took the first set, 25-22, but Claremont came back and got a decisive victory in the second set, 25-16. The third set was a real barnburner, resulting in a 28-26 Bearcat victory. Perhaps deflated by the tough loss in the third set, the Pack fell 25-12 in the final set.
The girls are now 1-2 in league and 5-4 overall, they have another league match against Ayala on Friday.
Busy week for boys water polo
Last Thursday the boys won their season opener, 5-4, in an away game against Glendora. The team took a lot of shots on goal, taking two or three attempts before connecting. Many of the missed shots were just poor luck, such as hitting the goal post or having a tipped shot recovered by Glendora, according to Coach Kristin Rodriguez.
Over the weekend they were in the Villa Park tournament, which meant the boys played a fatiguing seven games in one week. Coach Rodriguez is hopeful the pace will make them stronger as league gets into full swing.
On Wednesday they played Bonita, results will appear in the next edition of the COURIER.
Football loses on last minute score
The Pack lost a very close non-conference away game against Alta Loma, 33-31 last Friday. Claremont played well and led with less than a minute to go, but ultimately could not hold on to their lead.
Quarterback Reggie Retzlaff had 12 completions from 22 attempts for 200 yards, including nine carries for a total of 61 yards and two touchdowns.
Junior Elijah Bennett had three receptions for 84 yards and one touchdown. Senior Andrew Johnson had 26 carries for 88 yards and one touchdown.
The boys’ record is now 2-3 and they will play Glendora next Friday away in the Palomares League opener.
—Steven Felschundneff
steven@claremont-courier.com
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Home The Global Art of Mixing The BIGGEST Hennessy Artistry party of 2010 is finally here!
The Global Art of Mixing
The BIGGEST Hennessy Artistry party of 2010 is finally here!
By Henry Lee At 1:28:00 AM 0
Do you like to party? I don't know about you guys but I do!
Well, what you are about to read now is going to be super awesome for party-goers out there like me!
Some of you must have heard about the Hennessy Artistry, The Global Art of Mixing event in Malaysia and so now this is the BIGGEST Hennessy Artistry party of 2010, with over 4,000 party-goers expected to attend. That's a friggin' big crowd!
The Hennessy Artistry party will take place at Mines International Exhibition & Convention Centre (MIECC), Mines Resort City on Saturday, 23 October 2010 from 9PM till late.
I am so excited knowing that many cool & famous performers like Kardinal Offishal (Canada), Da Mouth (Taiwan), DJ Alex Dreamz (USA), Mizz Nina (Malaysia), Deja Voodoo Spells (Malaysia), and Foulworks feat. Ms. Eva T (Malaysia) are going to perform on that night!
What is it about H-Artistry “The Global Art of Mixing” are we talking here?
Enriching, cosmopolitan and confident, H-Artistry, “The Global Art of Mixing” aims to submerge music enthusiasts into a unique and exclusive style of clubbing, combining live acts from different genres and thus, creating an artistic and distinct form of experiencing music. The fusion of different elements mixed together into one exciting night creates a music feast that ignites the passion and power of all music fanatics.
With one-of-a-kind collaborative performances, visual stimulations and new digital interactions, this “by-invitation only” party has been conceptualized to present party-goers with a contemporary clubbing platform that is bold, daring and fresh and culminating in the ultimate blend of urban sounds and cultures that come together through electrifying performances that will leave them awestruck and craving for more – all in one unforgettable night.
A global musical phenomenon, H-Artistry ‘The Global Art of Mixing’ parties also takes place in some of the largest cities around the world which includes New York, Shanghai, Taipei, London, and Los Angeles. Among some of the big names who have performed at these international parties includes, Ne-Yo, Jay Chou, Fall Out Boy, Wyclef Jean, Leona Lewis, Jacky Cheung, and Sammi Cheng. The parties in Malaysia have also been nothing short of impressive. Locally, the event has featured a host of star-studded performers such as Flo-Rida, Fatman Scoop, Shayne Ward, Boys Like Girls, Machi, Lenka, Dominique Tsai, The Ying Yang Twins, and many more.
A lil' thing you gotta know about the performers on that awesome night!
Kardinal Offishal:
Leading the line-up at the upcoming Hennessy Artistry party is Canadian Hip-Hop icon, Kardinal Offishall. Having started rapping at the age of eight and winning competitions by the time he was 12, Kardinal is the result of a mix of pure talent and an obsessed passion for music. Credited as Canada’s ‘hip-hop ambassador’ Kardinal teamed up with iconic music mogul, Akon and released the infamous ‘Dangerous’ track that echoed around the globe peaking at #5 on the Billboard 100. Now back with his latest Mr. International album, Kardinal Offishall is ready to infect the dance floors once again with his blend of dancehall reggae and hip-hop mesh.
Da Mouth:
Staying true to H-Artistry’s innovative approach in blending musical genres of the East and West, the upcoming H-Artistry party will also see Taiwan’s rhythm pumping HipHop quartet, Da Mouth, take on the stage. Regarded as the Black Eyed Peas of Asia, Da Mouth is storming through the international music scene with their high-energy performances and their concoction of multi-talented and multi-racial group members. Da Mouth's fun and funky club hip-hop brings something different to mainstream Mando-pop, as does their unique member composition. The group is formed by many hyphens: Canadian-Taiwanese MC 40, Korean-Taiwanese-American male vocalist Harry, Japanese-Taiwanese DJ Chung Hua, and Japanese female vocalist Aisa. An Asian invasion hitting-up the spotlight, Da Mouth is set to rock H-Artistry cum October 23.
DJ Alex Dreamz:
Joining them on 2010’s biggest H-Artistry stage yet is DJ Alex Dreamz, one of America’s top disc jockeys. With over 130 remixes to date, Alex Dreamz’ remixes and club edits have been embedded into sets far and near, banged by the likes of legendary open format DJs and countless of top club jocks. He also currently spins for KIIS FM, Los Angeles’s number one hit music station. Ready to rock any crowd off the ground, DJ Alex Dreamz has set his sights in bringing the house down with his signature club, electro, and house tunes.
Mizz Nina:
Malaysia meanwhile, will be represented by three diverse top-class acts. The first artiste is best known for her recent collaboration with Colby O’Donis for her hit single ‘What You Waiting For’. Mizz Nina, whose music is influenced be the likes of MC Lyte, Run DMC and Lauren Hill, brings something fresh to the local music scene with her flipped musical style, on-stage delivery and unique lyrical poetry. Previously known as the hot siren from the ‘Teh Tarik Crew’, Mizz Nina is a force to be reckoned with as she dives headlong into turning the local music industry a notch higher.
Deja Voodoo Spells:
Joining her is local powerhouse band, Deja Voodoo Spells. With an insatiable love for precision-based Rock music, the trio of rockers have garnered a reputation as a no frills, versatile, hard-hitting band. With intricate compositions, the bands CD sales testify their popularity. Taking on the H-Artistry stage for the first time, Deja Voodoo Spells will be on a mission: to fully rock out the crowd at Hennessy Artistry!
Foulworks feat. Ms. Eva T:
Sharing that common goal is FoulWorks who produces an extremely infectious and unique sound that is gathering online and club momentum. Together with DJ Ms. Eva T who will be pumping out the finest sounds in Hip Hop, R&B, Progressive House, Beach House & Electro House, they are all geared and ready to heat up the dance floor.
Faster logon to www.h-artistry.com.my to get your passes now! :)
Do take note, this event is “by invitation” ONLY. Also take note that the party is strictly opened to non-Muslim guests aged 21 years and above only. ID verifications will be carried out at the door.
-Peace Out-
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Canon EOS 40D review: Canon EOS 40D
By Lori Grunin
September 20, 2007 4:32 AM PDT
The Good Generally superior shooting speed among dSLRs; first-rate photo quality.
The Bad Large spot size for spot meter; relatively sluggish low-light focus.
The Bottom Line Great photo quality and excellent continuous-shooting performance are just two of the Canon EOS 40D's many attractions in the digital camera marketplace.
Image quality 8
Editors' note: The competitive landscape for this camera has changed since our review, and we've updated the text and ratings to reflect that and the model's lower price. The design rating goes from a 9 to an 8--while still a nicely designed model, it's not particularly outstanding anymore--and features drops from an 8 to a 7 for its efficient-but-now-relatively-mundane set of capabilities. Text changes include comparisons to newer models.
Representing a more significant leap over the EOS 30D than the 30D was beyond the 20D, the Canon EOS 40D features a redesigned body and menu system, introduces some long-requested features, integrates some of the new technology from the EOS 1D Mark III and delivers a nice bump in resolution and performance. All of that, plus a solid overall increase in speed over its predecessor, make it a no-brainer upgrade from previous models, a substantially better option than its down-the-line sibling, the EOS Rebel XSi and a nice complement for the EOS-1D Mark III.
Canon offers two configurations of the 40D: body only, and a kit with the veteran f/3.5-to-f/5.6, 28mm-to-135mm IS USM lens. Taking into account the camera's 1.6x focal-length multiplier yields an angle of view equivalent to that of a 44.8mm-to-216mm lens on a 35mm camera. That's a bit narrow, though; personally, I think the admittedly pricey EF 24mm-to-70mm f/2.8L USM covers a more useful general-purpose range of 38.4mm to 112mm. Alternatively, you may want to wait until later this year when the inexpensive EF-S 18mm-to-55mm f/3.5-to-f/5.6 IS is slated to become available.
Despite the growth of the LCD from 2.5 to 3 inches, the body size and weight of the 40D is the same as that of the 30D: 4.2x5.7x2.9 inches and roughly 1.8 pounds. As with its predecessor, the body feels very solid and well made, one of the important advantages it has over the flimsier-feeling Rebel series. Canon added dust- and weatherproofing on the CF slot, the buttons, and all connection points, and it implemented the same integrated sensor-cleaning system that's in the Mark III series. The latter vibrates the sensor to dislodge dust during start-up and shut-down (pressing the shutter cancels cleaning during start-up), and if that doesn't work, a Dust Delete Data option enables the camera to analyze and remember where it senses dust and algorithmically remove it from photos.
The larger LCD did make it necessary to rejigger some of the controls. The Review, Delete, Jump, Info, and new Picture Styles buttons now sit below the LCD rather than to the side, and the buttons are substantially smaller than before. They also sit flatter and more flush with the body, making them harder to feel and press. Along the same lines, the Metering/WB, AF/Drive, ISO/Flash compensation, and LCD backlight buttons, which seem to rise slightly higher than previously, feel identical and impossible to differentiate from one another.
On the upside, the 40D has a bigger, more tactile mode dial, with three slots for User settings (the 30D had none). Although I find these invaluable, there's one behavior that really annoys me: if the camera goes to sleep, it resets any setting overrides you've made while in one of the user modes.
Canon also redesigned the grip, adding a curved indentation just below the ledge with the shutter button, where your middle finger falls. It's a subtle but nice ergonomic enhancement that makes the grip feel just a little more solid. Canon also redesigned the menu system, which is now far easier to read and navigate. (Click through a slide show discussion of the body design and menus.)
A few new features have also popped up with the 40D. Most notably, it offers a Live View mode, with a better, more flexible implementation than that of the 1D Mark III--or most others, for that matter. Unlike its big brother, you can autofocus in Live View; when you press the AF-ON button, it flips the mirror down, focuses, then flips the mirror back up so the focus-corrected view appears on the screen. On the downside, it focuses only using the center AF area. And regardless of focus mechanism, it uses only evaluative metering.
As with a point-and-shoot camera, you can pull up a magnified view to help with manual focusing. In addition, three so-called "silent shooting" options allow you to control the shutter curtain reset to delay the noise and minimize vibration. Though hardly "silent," the 40D does have one of the quieter Live View modes I've encountered. You can also set the metering timer, how long the camera holds and displays the metering information after you release the shutter button, anywhere from 4 seconds to 30 minutes. I'd love this feature to be available for general shooting rather than limit it to Live View. All that said, Live View shooting continues to be a bit of a niche application for dSLRs; generally, it's suitable only if your subject matter allows for a tripod and optimally a connected PC for remote control. Keep in mind that the sensor can get warm in this mode, and as Canon warns, increased heat will result in increased image noise.
For more meat-and-potatoes changes, the 40D now supports Auto ISO in all modes beyond full Auto, which comes in handy every now and then. The new viewfinder system supports interchangeable focusing screens and, for all you four-eyed photogs, offers a relatively high 22mm eyepoint and slightly greater magnification than that of the 30D, 0.95 vs. 0.90. Canon also added an sRaw format, which shoots small, 2.5-megapixel raw images. I don't see the utility of this feature, but it's easy enough to ignore. Not so easy to ignore is the increased spot size for the spot meter, up to 3.8 percent of the viewfinder from the 30D's 3.5 percent. (Here's why that's bad.)
Other features--and the 40D has plenty--remain pretty much unchanged. These include three 9-point autofocus modes: Single-shot, AI Servo tracking autofocus, and AI Focus, which switches between Single and AI Servo if it detects that the subject has moved. Unfortunately, the AI Focus can't tell the difference between subject movement and the photographer doing a focus-and-recompose, so you're usually better off picking Single or Servo and sticking with it. Four metering modes--evaluative, partial metering (approximately 9 percent of the viewfinder), the aforementioned 3.8 percent spot, and center-weighted average metering--provide reasonable flexibility. It's got a full slate of white-balance settings, including bracketing and custom corrections along the blue, amber, magenta and green axes; color temperature; and manual. A few scene program modes--portrait, landscape, macro, sports, and night portrait--augment the semimanual program, aperture- and shutter-priority, automatic depth-of-field AE, and manual exposure modes. Relevant maximums include a top shutter speed of 1/8,000 second and top flash sync speed of 1/250 second.
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Discuss Canon EOS 40D
Discuss: Canon EOS 40D review: Canon EOS 40D
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Liberal Arts / Sciences & Humanities/
Liberal Arts General Studies/
Most Popular Online/
< All Liberal Arts General Studies Professions
Liberal Arts General Studies
2019 Most Popular Online Liberal Arts General Studies Schools in Connecticut
Online Liberal Arts General Studies Schools in Connecticut Sorted by Popularity
Below you’ll find a list of the Connecticut online Liberal Arts General Studies programs ranked in order of popularity. Make certain you click on the programs below to uncover why they’re so popular.
The Best Attended Online Programs are Listed Below
If you’d like more information about how these schools are ranked visit the most popular colleges ranking methodology page.
Showing college(s) sorted by Popular OnlineTop RankedBest ValueMost PopularHighest PaidTop OnlineFocusedVeteransNon-Traditional Students
In Connecticut
Charter Oak State College
Charter Oak State College is a great decision for students pursuing a Liberal Arts General Studies degree. A popular choice for undergrads, there are about 388 students studying this degree at . It is based in the suburban region of New Britain, Connecticut.
This school is well-known for the support of military personnel and is the 814 best in the United States for veterans. This school also has grad degree programs for students who need to proceed after achieving a bachelor's degree. Get an idea of what being on campus at Charter Oak State College is really like by watching a few campus videos.
University of Bridgeport
It's difficult to beat University of Bridgeport if you want to study Liberal Arts General Studies. 12.6% of undergraduate students at University of Bridgeport are students. The setting in a large urban center is wonderful for young people seeking ample choices for networking, excitement, and discovery.
This school does not require first-year students to live on-campus. There is a grad program obtainable for those who are intrigued. Watch some school videos to learn more about what being on campus is like.
Albertus Magnus College
It's difficult to beat Albertus Magnus College if you want to pursue Liberal Arts General Studies as a major. The surrounding area of a main city is wonderful for scholars looking for enough choices for networking, excitement, and discovery.
Each year, around 77.0% first-year students receive scholarships, with the typical award being $17,596. Freshman students are not required to live on-campus at Albertus Magnus College. Go deeper to see just how well Albertus Magnus ranks in other categories.
University of Hartford is among your top options if you want to study Liberal Arts General Studies. At University of Hartford, learners enjoy the benefit of a really focused program. The surrounding area of a major city is wonderful for scholars trying to find adequate possibilities for social networking, adventure, and discovery.
87.0% of students at University of Hartford obtain school funding, so don't forget to complete the FAFSA! Study hard for the SAT; the typical score of applicants to Uhart is 1,040. Go on a virtual tour to explore Uhart.
Holy Apostles College and Seminary
Holy Apostles College and Seminary is one of the finest schools in the country for Liberal Arts General Studies. The locale of Cromwell, Connecticut, is nice for learners who desire a more tranquil, suburban place.
About 100.0% of freshmen come back to this school for their next year of school. Graduates of this school generally don't have problems paying back their student loans; just 1.1% have defaulted on their loans. Get an idea of what student life at Holy Apostles College and Seminary is really like by watching a few campus videos.
University of New Haven is among your top options if you're planning on studying Liberal Arts General Studies. It is set in the suburban location of West Haven, Connecticut.
This school does not require first-year students to live on-campus. Because of University of New Haven's fantastic four-year graduation rate of 45.0%, college students usually acquire much less debt compared to what they would at other institutions. Learn more and see just how well University of New Haven ranks in other categories.
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Your guide to area sports events and Saturday's TV sports listings
A daily look at the schedules of local and regional sports teams and those you can watch on television
Your guide to area sports events and Saturday's TV sports listings A daily look at the schedules of local and regional sports teams and those you can watch on television Check out this story on coloradoan.com: https://noconow.co/2LRAJoX
The Coloradoan Published 5:00 a.m. MT June 2, 2018
A dog tries to keep up with its owner during last year's Fire Hydrant 5K. This year's race, which benefits the Larimer Humane Society, is Saturday at the Promenade Shops at Centerra in Loveland.(Photo: Austin Humphreys/The Coloradoan)Buy Photo
LOCAL SPORTS GUIDE
Here is a look at upcoming events and Saturday TV listings:
Saturday: at Florida, 5 p.m.
Wednesday: vs. Florida (if necessary), 7:05 p.m.
Sunday: vs. Colo. Slammers-Martin, 6:15 p.m.
Monday: at Denver Express, 4:30 p.m.
Tuesday: at Colo. Slammers-Fiscus, TBA
Thursday: vs. Game Day Saints, 6:15 p.m.
Friday: vs. Denver Browns, 6:15 p.m.
Wednesday: at Nashville, 6:30 p.m.
Saturday: vs. Los Angeles Dodgers, 5:15 p.m.
Sunday: vs. Los Angeles Dodgers, 1:15 p.m.
Tuesday: at Cincinnati, 5:10 p.m.
Wednesday: at Cincinnati, 5:10 p.m.
Thursday: at Cincinnati, 10:35 a.m.
Friday: vs. Arizona, 6:40 p.m.
Saturday: Fire Hydrant 5K, 7 a.m., Promenade Shops at Centerra, Loveland
Sunday: Crazy Legs 10K Trail Run, 7 a.m., Devil’s Backbone Open Space
June 17: Father’s Day 5K, 8 a.m., The Shops at Foothills
June 17: Estes Park Marathon and Half Marathon, 6 a.m.
FS1 – NASCAR, Pocono Green 250
ABC – IndyCar, Chevrolet Indy Duel
ESPN2 – NCAA Regional game TBA
ESPNU – NCAA Regional game TBA
ESPN – Arizona St. vs. Oklahoma
ESPN – Georgia vs. Florida St.
ESPN – Florida-UCLA loser vs. Arizona St.-Oklahoma winner
ESPN – Oregon-Washington loser vs. Georgia-Florida St. winner
GOLF – Italian Open
GOLF – The Memorial
FOX – U.S. Women’s Open
CBS – The Memorial
NBCSN – Epsom Derby
MLB – Pittsburgh at St. Louis
FS1 – Cleveland at Minnesota
FOX – L.A. Dodgers at Colorado
MLB – Philadelphia at San Francisco
NBCSN – Thunder Valley Classic
NBCSN – Vegas at Washington
ESPN2 – Collegiate Championship
ESPN2 – United States at Ireland
LIFE - NSWL, Chicago at Washington
ESPN2 – MLS, L.A. Galaxy at Portland
FS1 – Scotland at Mexico
NBC – French Open
Fans flock to see David Duval, TPC Colorado Championship
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Condi Rice As the GOP's Vice Presidential Pick? Hey, It Could Happen
Rumors, rumors. The election's coming, so might as well start now playing the what-if game.
Kai Wright Dec 20, 2011 11:55AM EST
It’s not even 2012 yet, but the political rumor mill’s churning up some juicy bits already. Washington Times columnist Joseph Curl raised eyebrows this past weekend by reporting/speculating about Condoleezza Rice angling for the GOP’s vice presidential slot. Curl wrote Sunday in the conservative newspaper:
America’s first black female secretary of state is quietly positioning herself to be the top choice of the eventual Republican presidential nominee, ready to deliver bona fide foreign-policy credentials lacking among the candidates. The 56-year-old has recently raised her profile, releasing her memoir in November and embarking on a monthlong book tour.
After 2 1/2 years as a professor at Stanford, Miss Rice is reportedly getting “antsy” to get back into the political game. “She’s ready to go,” said one top source.
Today, David Johnson over at the Grio says it’s not a crazy idea–at least for the GOP’s presidential nominee, who will struggle to appear more moderate and less racist after the fringe festival of the party’s primary. Johnson writes:
Former Secretary Rice brings a number of positives to the table. She is brilliant, talented and scholarly in an anti-intellectual party that often shuns scientific evidence, the facts, and book learning. In 2008, Forbes listed her as number 7 of the 100 most powerful women. Polls have given her high favorability ratings, the highest of any ex-Bush administration official.
She called race a “birth defect” that will always be a factor in American life, and lamented that public education is no longer helping to lift African-Americans out of poverty.
Good stuff for Republicans, at least.
Johnson sounds credulous about another rumor, too: That Vice President Joe Biden and Secretary of State Hillary Clinton will swap jobs for the would-be second term. It’s unclear what would motivate either Biden or Clinton to play along with that plan, if it exists. But what’s the point of an election if you can’t play political what-ifs? Like, what if Newt Gingrich and Ron Paul were the leading contenders in the GOP Iowa caucuses? Oh, wait…
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Divided They Stand
Clearing Customs
Big shakeup at Custom House (500 S. Dearborn St.; 312-523-0200): Shawn McClain, the original exec chef/partner/driving force, is on his way out at the South Loop standout. While still a part owner, McClain and his long-time partners at Custom House, Green Zebra, and Spring, Sue and Peter Drohomyrecky, are trying to figure out how to divide…
By Penny Pollack & Jeff Ruby
Published Oct. 7, 2009
Big shakeup at Custom House (500 S. Dearborn St.; 312-523-0200): Shawn McClain, the original exec chef/partner/driving force, is on his way out at the South Loop standout. While still a part owner, McClain and his long-time partners at Custom House, Green Zebra, and Spring, Sue and Peter Drohomyrecky, are trying to figure out how to divide the business. “Now, my focus is on Spring and Green Zebra,” says McClain. “Sue and Peter are taking over Custom House. We have had such a hard year with the economy, it just drove us back to try to focus on individual projects.” Meanwhile, per the Drohomyreckys, Custom House’s new exec chef is Aaron Deal, a Johnson & Wales graduate. “We are going to redefine ourselves as a tavern,” says Deal, who was executive chef at Charleston, South Carolina’s Tristan for the past two years. “The menu will be influenced by my experiences at [New York’s] Gramercy Tavern.” The only new dish Deal would tell us about was his foie gras pot de crème with pickled grapes, toasted almonds, and blue cheese—but he’s headed to Ferran Adrià’s endlessly innovative El Bulli in Roses, Spain, so lord only knows what he’ll come back with.
Outre De La Table
Sur La Table (52-54 E. Walton St.; 312-337-0600) is vacating its massive Gold Coast space right after holidays, and one of the new occupants of the space will be Sprinkles, a Beverly Hills–based cupcake place. “We have been looking for a Chicago location nonstop since 2005,” says Charles Nelson, an owner. “We had a really specific criteria of where we wanted to be: South of Oak, north of Chicago and between Michigan and Rush.” Bulls-eye. We are less surprised about SLT’s closing (and, potentially moving to another spot in the neighborhood) than puzzled by the eternal question: Who in God’s name is eating all these cupcakes?
“My friend asked me if I wanted a frozen banana. I said, ‘No, but I want a regular banana later, so . . . yeah.’” –Mitch Hedberg (1968-2005), American comedian
Sounds Like a Good Street
When Benji Rosen was in high school, he created his own business by buying stuff from Highland Park’s Once Upon a Bagel and then delivering it himself. He called it Bagels in Bed. So you’d expect the guy to own a creative restaurant as an adult—and BenjYehuda (212 W. Van Buren St.; 312-408-2365), the new Israeli-influenced spot he runs with his wife Stacey, is just that. “We were inspired by the movie The Matrix,” says Stacey. “It looks very industrial: sheet metal, shades of green, chunky black leather booths. And we blow-torched the edges of the plywood table tops so they look burnt.” Almost everything is homemade—falafel, shawarma, hummus—and the menu features a few surprises: rough-cut, skin-on fries with Merkts Cheddar cheese on the side, and churros. Churros? “We refer to our food as urban street food,” says Stacey. “It’s not just Mediterranean.”
A spin-off of the San Antonio–based Brazilian Steakhouse Chama Gaúcha is slated to open in late October in the old Zed451 space in the western suburbs (3008 Finley Rd., Downers Grove). Zed was a Brazilian steak house, and the previous occupant in the space was Sal y Carvão, a Brazilian steak house—so what makes Chama Gaúcha think it will succeed? “A majority of us have worked at another churrascaría, Fogo de Chão,” says Long Phu, the general manager. “We have an excessive amount of experience. And Chama is a more unique experience that’s not tied to a corporate entity. We don’t plan on opening vast chains of churrascarías.” The concept (15 all-you-can-eat meats served by gauchos, plus a massive salad bar) should sound familiar by this point. But the price tag—under $40, promises Phu—is lower than the competitors’.
On the heels of last week’s Dish Flash, Uptown gets another glimmer of excitement: Ch’ava (4656 N. Clark St.; 773-942-6763), a new 40-seat coffee/sandwich café. “We are all about really good, direct-trade single-origin coffee,” says Richard Park, a partner. “We have a clover machine that brews a single cup at a time, but we can do it in 45 to 50 seconds as opposed to the four minutes it takes in a French press.” The seasonal menu—by Edward Hwang, a NoMI alum who roasts all the meats in house—currently includes a roasted leg of lamb sandwich with mint parsley chimichurri sauce ($9.49) and romano polenta on a toasted French loaf. Perhaps it was the allure of free food, but Park says about 1,000 people showed up for a pre-opening tasting last month. “We had food for 300,” says Park. “We ran out of everything.”
Fireproof maki at Oba
John Park, the sushi chef of Oba Contemporary Japanese Sushi (1285 Elmhurst Rd., Des Plaines; 847-228-8810), a new 40-seat sushi restaurant, spends his spare time dreaming up maki rolls. “I read books a lot,” says Park, a native of Korea. “I read Nobu’s book and tried to follow him. Then I came up with my own ideas, usually spicy.” His 100-plus maki creations include a spicy salmon/spiced tuna/cucumber scallion beast that employs six different sauces and looks like a peacock tail on fire ($11). “My customers say they have never seen this kind of presentation.” The cooked dishes edge into French-Japanese territory, as in a filet mignon with grilled asparagus and beef sauce. But maki is obviously what fires up Park.
Get a dozen oysters for $3.95 at Pappadeaux Seafood Kitchen (in Arlington Heights and Westmont) any time in October.
Call Quartino (626 N. State St.; 312-698-5000) and make reservations for October 11th at 1 p.m., when you can watch the chef/partner John Coletta make pasta from his new book. Then eat the pasta, enjoy the wine pairings, and ask every question about pasta that you ever wanted to ($15).
Get Amish-raised fried chicken and a glass of Champagne at the blue bar in One Sixtyblue (1400 W. Randolph St.; 312-850-0303) on any Wednesday night for as little as $16.
Dot Dot Dot . . .
Sprout (1417 W. Fullerton Ave, 773-348-0706), an ambitious 50-seat organic café with a French/Italian tilt opens on October 9th. “We are shooting for a four-star rating with four–star service,” says the GM, Tofer Kristopher. “But we are hoping to be approachable.”. . . . Café Pyrenees (1762 N. Milwaukee Ave., Libertyville; 847-362-2233) celebrates its 19th anniversary with a $19 prix fixe menu throughout October. . . . The 57-year-old Club Lago (331 W. Superior St.; 312-337-9444), which was dramatically crushed by its neighbor’s 50-foot chimney in March, reopened on October 7th. . . . From October 12th through October 18th, Vermilion (10 W. Hubbard St.; 312-527-4060) celebrates Diwali, the Indian festival of lights, with extended festivities culminating in a traditional six-course prix fixe for $45 every night. . . . Mesón Sabika celebrates Columbus Day from 6 to 8 p.m. October 12th with a 20-plus item Spanish buffet for $14.92. Get it? 1492? Columbus?
Other Dining & Drinking stories
The 50 Best Dishes in Chicago
Boozy Shaved Ice Is Better on the Roof
Moody Tongue Is Giving the Brewpub Model a Boost
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Chico Art Map
Juneteenth Celebration in Oroville provides a…
Chico unaffordable?
Feather River death
Inhaled Podcast Episodes
Fresh Cove
Celebrating the moon
Juneteenth Celebration in Oroville provides a history lesson
Daniel Drake, 9, sings during the 16th annual Juneteenth Celebration on Saturday in Oroville. (Carin Dorghalli -- Enterprise-Record)
Juneteenth, June 16, 2018, in Oroville, California. (Carin Dorghalli -- Enterprise-Record)
Bobby Jones coordinates the 16th annual Juneteenth Celebration. (Carin Dorghalli -- Enterprise-Record)
Isiah Price, right, boxes against his uncle and coach, Dawyne Jones of the Oroville Boxing Club at the 16th annual Juneteenth Celebration. (Carin Dorghalli -- Enterprise-Record)
Victoria Knighten performs a dance number while sitting on a chair during the 16th annual Juneteenth Celebration. (Carin Dorghalli -- Enterprise-Record)
Children from the African-American Family and Cultural Center perform a dance routine in front of a crowd during the Juneteenth Celebration. (Carin Dorghalli -- Enterprise-Record)
The Oroville Boxing Club shows off some boxing moves during the 16th annual Juneteenth celrbation, June 16, 2018, in Oroville, California. (Carin Dorghalli -- Enterprise-Record)
June 15, 2018, in Chico, California. (Carin Dorghalli -- Enterprise-Record)
By Leila Rodriguez | lrodriguez@chicoer.com | Chico Enterprise-Record
PUBLISHED: June 16, 2018 at 7:30 pm | UPDATED: June 19, 2018 at 9:31 am
OROVILLE — Through song, dance and uplifting words, Oroville community members gathered for the sixth annual Juneteenth Celebration to show what freedom looks like today.
The family-friendly event held Saturday at Martin Luther King Jr. Park in Oroville was hosted by those from the African-American Family and Cultural Center.
“We’re free now, but who’s to say what freedom really is,” said Bobby Jones, AAFCC executive director and co-coordinator of the event. “(Freedom to me) is the right to be able to live a life of equality regardless of what kind of color you are.
“I want us to get to a place where we don’t look at color, and we’re judged by character.”
Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States. Many didn’t get the news of their freedom until two and a half years after the Emancipation Proclamation was signed in 1863 when Gen. Gordon Granger and his Union soldiers arrived June 19 in Galveston, Texas, to deliver the message of their freedom.
“There’s a lot of history with that,” Jones said. “The landowners wanted more crop labor, so they didn’t inform the folks they were free.”
Bringing awareness and providing resources to the underrepresented community is part of the AAFCC mission, and Jones said putting on the Juneteenth annual celebration is part of that unity.
“All we want to do is love on the community,” said Cissy Smith, AAFCC activities coordinator. “A lot of people didn’t know about Juneteenth — I didn’t know about it until I started working here. It’s not something they teach in schools, and it’s always important.
“If we don’t keep teaching the kids, once again it’s going to be lost.”
A freedom skit put on by Oroville community members celebrates what #Juneteenth2018 means to them. @orovillechamber pic.twitter.com/FUknrFV2vn
— Leila Rodriguez (@leilarrodriguez) June 16, 2018
Moving forward, showcasing young talent and sharing bountiful elements of the African-American culture to neighboring citizens is Smith’s favorite aspect to the event.
Hip-hop and modern dance routines by Dance Diverse and Victoria Knighten, who goes by the stage name Showtime, music by DJ James Dixon, along with a demonstration from the Oroville Boxing Club were trickled in amongst the stage acts and fun giveaways.
Vocalist Francis Mann returned to the stage for an encore performance of “Dancing In the Street.” Mann, who also opened of the festivities with a rendition of “Lift Every Voice and Sing,” the African-American national anthem, continued with the lively, rotating performances and encouraged attendees to get up and dance.
Vendors, food and games were set up at the community park for families to enjoy.
Oroville Vice Mayor Janet Goodson was also in attendance and received an award from the AAFCC for her efforts during their Kwanzaa observance.
Goodson expressed her thrill of seeing so many community leaders working together to enhance the quality of life in Oroville.
Bridging cultural gaps and sharing multifaceted aspects from a diverse crowd were articulated themes during Saturday’s event.
“We are all equal, that’s what Juneteenth is all about,” Smith said. “I just want people to keep moving forward and work toward that whole idea that everybody is the same and that we are one.
“It’s not your race or my race, it’s the human race and we’re all in this together.”
Fresh meal kits unveiled by new Chico business Fresh Cove
Death notices received July 15
Service lines with contaminated water are getting replaced
Chico, rural communities losing affordability in deepening statewide housing crisis
Soaring over Butte Creek | Photo
Leila Rodriguez
Leila Rodriguez is the weekend reporter who covers all weekend happenings. She is a Chico State University graduate and also the editor of the weekly music series, E-R Sessions.
Follow Leila Rodriguez @leilarrodriguez
The week in photos, July 9-15
North valley temperatures unusually low for summer
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Facebook apologises to Franklin Graham after banning him for 24 hours over transgender bathroom post
Staff writer Mon 31 Dec 2018 14:29 GMT
Franklin Graham(Fox News)
Franklin Graham has accused Facebook of 'censoring free speech' after he was banned from the social media platform for 24 hours over a 2016 post.
Graham, who is the son of late evangelist Billy Graham, said that in the post removed by Facebook he had challenged allowing transgender people to use the bathroom of the gender they identify with.
'Well, now we know. Facebook has a secret rulebook for policing speech. I was banned from posting on Facebook last week for 24 hours,' he said.
'Why? Because of a post from back in 2016 about North Carolina's House Bill 2 (the bathroom bill). Facebook said the post went against their "community standards on hate speech." Facebook is trying to define truth.
'There was a character in a movie a few years back who said, "The truth is what I say it is!" That's what Facebook is trying to do.
'They're making the rules and changing the rules. Truth is truth. God made the rules and His Word is truth. Actually, Facebook is censoring free speech. The free exchange of ideas is part of our country's DNA.'
Graham, who also heads up Samaritan's Purse, said Facebook later unblocked him and issued an apology in which it said it had 'made a mistake'.
The post about transgender bathroom access was also restored.
Graham responded by saying he accepted the apology.
'I thank Facebook for their apology and I accept it. All truth is in the Lord Jesus Christ, who is "the Way, the Truth, and the Life." I would encourage all Christians—as well as Facebook—to stand on God's Word and His truth,' he said.
.@Facebook is censoring free speech. They’re making & changing the rules. Truth is truth. God made the rules & His Word is truth. The free exchange of ideas is part of our country’s DNA. You can read the post that Facebook took down last week here: 2/2 https://t.co/SIbgivZjTo
— Franklin Graham (@Franklin_Graham) December 29, 2018
Christians and conservatives have long accused Facebook of being biased towards their views.
Facebook CEO Mark Zuckerberg was challenged on the accusations when he was brought before Congress for questioning in April.
Specifically, he was asked about the treatment of Diamond and Silk, the Trump-supporting duo who were told by Facebook that their content was 'unsafe'.
Republican Rep Joe Barton of Texas asked Zuckerberg during the two-day hearing: 'Why is Facebook censoring conservative bloggers such as Diamond and Silk? Facebook called them 'unsafe' to the community. That is ludicrous. They hold conservative views. That isn't unsafe.'
Zuckerberg responded: 'Congressman, in that specific case, our team made an enforcement error and we have already gotten in touch with them to reverse it.'
Just before Christmas, Facebook was again accused of censorship after it blocked a festive image of Santa kneeling before baby Jesus.
Facebook did not remove the post but obscured the image so that users had to click on an 'Uncover Photo' button in order to view it.
The blurred image was accompanied by a warning from Facebook that 'this photo may show violent or graphic content'.
'This photo was automatically covered so you can decide if you want to see it,' it added.
In October, the makers of pro-life movie Gosnell said Facebook had blocked their advertisements. The movie, starring Dean Cain, tells the story of Kermit Gosnell, the notorious late-term abortionist who was given life without parole for the murder of three babies born alive in his clinic.
Producer Phelim McAleer said some supporters had reported trying unsuccessfully to 'boost' their Facebook posts about the movie.
McAleer blamed a liberal bias in Silicon Valley.
'The Silicon establishment do not want this story told,' McAleer said.
'They [Facebook] simply state it's not been approved and to check their standards, but it does not give you a specific reason why this post could not be promoted at all to a wider audience.
'It's clear it is the pro-life audience that they don't want to encourage or provide content to. They really hate anyone who doesn't subscribe to the liberal world view.'
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Tucked(HKLGFF 2018)
English(No Subtitle)
Winner of Outstanding U.S. Narrative Feature Grand Jury Award for OUTFEST, Los Angeles LGBT Film Festival
Narrative TUCKED, the newest heartwarming comedy by young director Jamie Patterson, breaks all stereotypes that one would have about drag queens. Jackie (Derren Nesbitt) is an 80 year-old drag queen who is straight but just enjoys wearing women’s clothing and performing. He meets 21 year-old Faith (Jordan Stephens) and the two form an unlikely friendship. They both struggle with the same issues of gender, identity and mortality and end up finding more about each other’s lives and more importantly, about how to be themselves.
Jamie Patterson
Derren Nesbitt, Jordan Stephens, April Pearson
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Corsicana High School student, Jackson Hilmes, receives new AFJROTC Flight Academy Scholarship.
Jackson Hilmes, an 11th grade Air Force Junior ROTC (AFJROTC) cadet at Corsicana High School has received a scholarship to attend one of six partnering universities participating in a private pilot license training program over the summer of 2018.
Jackson Hilmes is one of 120 AFJROTC cadets around the world to receive the scholarship from Headquarters AFJROTC, Maxwell Air Force Base, Montgomery, Alabama. More than 700 cadets applied for one of the 120 scholarships. There are more than 120,000 high school students enrolled in AFJROTC at 892 high schools in the US and overseas.
The scholarship covers transportation, room and board, academics, and flight hours required to potentially earn a private pilot license. The scholarship is valued at approximately $20,000.
The Fight Academy Scholarship Program is a new Air Force-level initiative in collaboration with the commercial aviation industry to address the national civilian and military pilot shortage. AFJROTC has been charged by the Air Force Aircrew Crisis Task Force to bring back the “luster of aviation” to high school students and increase diversity in aviation fields.
Those who participate in the program do not incur a military commitment to the Air Force or other branch of service, nor does completing the program guarantee acceptance into one of the military’s commissioning programs.
The mission of AFJROTC is to develop citizens of character dedicated to serving their nation and community, while instilling values of citizenship, service to the United States, personal responsibility, and sense of accomplishment. When looking to fill tomorrow’s career needs with the best candidates, there is simply no better place for the nation to look than AFJROTC!
Media needing more information on the AFJROTC Flight Academy Scholarship Program can contact the Maxwell AFB Public Affairs Office at maxwellmediarelations@us.af.mil.
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Home Mobile Sony Xperia XA3 First User Video Leaked Revealing Black Color and Dual...
Sony Xperia XA3 First User Video Leaked Revealing Black Color and Dual Rear Camera
Image: @rquandt
Some new images of the upcoming Xperia XA3 were leaked yesterday giving us the first glims of the device. The images were appeared to be the screenshot taken from a live video. Now the video showing up the first user holding up the Sony Xperia XA3 have been leaked. The new leaked video shows the upcoming Sony Xperia XA3 in black color variant and it also confirms that the previously leaked images were taken from the same video.
The new video shows what appear to be the upcoming Sony Xperia XA3 in the hands of a user. On the leaked video we can see the dual rear camera setup at the back of the device. Because the video has some audio in the Chinese language, we didn’t understand what the guy was talking about in the video showing up the device.
21:9 screen
Xperia XA3? #Xperia
Xperia mulai gila ? pic.twitter.com/tktNjV3A3s
— Bang Gogo (@bang_gogo_) February 9, 2019
The video shows a large display of about 21:9 aspect ratio as previously leaked by @rquandt. The new video doesn’t reveal any other details about the upcoming Sont device. However, previous leaks have suggested that the upcoming Sony Xperia XA3 will be available in four different color options, including black, silver, blue, and pink.
The video shows that the Xperia XA3 will have full view display with almost no chin at the bottom. The device also appears to have a big forehead at the top. However, there is no Notch on the display.
Sony is expected to announce its new Xperia device at the MWC later this month. It is also expected that Sony could also announce its first Snapdragon 855 powered Sony Xperia XZ4 smartphone at the same event.
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AutoMatters: Muscle Cars at the San Diego Automotive Museum & ‘NON-STOP’
Muscle cars at the San Diego Automotive Museum
By Jan Wagner
This week AutoMatters visits an exhibit of classic muscle cars. Then it’s off for some high-flying, thrilling entertainment with a review of the action-packed movie “NON-STOP,” now playing at a theater near you.
Ah, muscle cars – I remember them well. Glossy brochure pictures featured these loud, in your face machines in surreal settings like idyllic fields covered in flowers to stimulate your imagination. They were drag raced and many spent their Friday and Saturday nights at impromptu car shows at the local drive-in (movie or burger). These were nostalgic times, recalled by “Muscle Cars: 50 Years of American Horsepower” – a new exhibit at the San Diego Automotive Museum in Balboa Park.
Muscle car horsepower
All of the major U.S. auto manufacturers got in on the action. Their very names evoked speed: GTO, AMX, Superbird, Firebird, Mustang, 4-4-2, Road Runner, Torino, Javelin, Charger, Camaro, Barracuda and more.
I was fortunate to have been a teenager with my very own muscle car back in those days. It was a bright red, 1970 Plymouth Duster 340.
What muscle cars lacked in sophistication, build quality and reliability, they made up for with style and brute horsepower. Bright, bold colors included lime green, purple and arrest-me-red. With their big, powerful, carbureted V-8s, these high-performance, four-wheeled pavement pounders had a voracious thirst for what was then inexpensive and plentiful gas.
Revving the engine would really get the heart pumping. Punching the gas pedal resulted in billowing clouds of tire smoke. These cars were brutally fast – in a straight line. A nasty encounter with a roadside wooden fence called into question my Duster’s cornering ability on its skittish bias-ply tires. This was just before radial tires started to take over the performance tire market.
High-speed stability and poor aerodynamics left a lot to be desired too, as a very foolish, flat-out run to its upper limit made my car lift and start to lose directional control. I was lucky to have survived my youth.
Back then these cars were relatively affordable, but now – forget it. They sell at auctions for astronomical prices. Fortunately we are in the midst of a resurgence of automotive performance, only this time it is all-around performance: not just powerful acceleration but also handling, reliability, safety, economy, comfort, electronic entertainment, styling and more.
“Muscle Cars: 50 Years of American Horsepower” is at the San Diego Automotive Museum in Balboa Park and open daily, through May 30, 2014. Perhaps if we ask nicely the museum will blast a soundtrack of loud, revving engines into the exhibit hall. That would be the perfect accompaniment to the cars in this exhibit.
Spend some time reading the informative display cards and check out the variety of other automobiles on display – from antiques, one-of-a-kinds and more, to one of the largest collections of motorcycles on the West Coast. Visit the museum’s well-stocked, automotive-themed store, and perhaps allow some time to explore the rest of Balboa Park with its many excellent museums, beautiful grounds, restaurants and, of course, the world famous San Diego Zoo. For museum hours, admission prices and other information, go to https://sdautomuseum.org.
While we’re on the subject of high-speed, adrenalin-pumping travel, you’ve got to see “NON-STOP” starring Liam Neeson. You’ll be on the edge of your seat as Neeson’s character – a Federal air marshal, frantically tries to locate a deranged lunatic who is responsible for the systematic murder of the passengers, one at a time. The performances by the actors are believable and emotional, as is a story that provides just enough background to cause us to care about the characters. There are many unexpected twists and turns, and the movie moves along quickly; so much so that you might need to see it twice in order to catch important details that you could easily miss the first time.
So who is responsible? You might think that you know but trust me, you will be kept guessing right until the very end.
I should warn those of you who have a fear of flying. I don’t want to be a spoiler so I’ll just say that the many action sequences are extremely well done and they will take you by surprise. This is one very exciting, suspenseful film.
Racing season has begun so watch for AutoMatters’ coverage of NASCAR and then IndyCar, as well as a review of the Logitech G27 racing wheel, gear shifter and pedals.
As always, please write to
AutoMatters@gmail.com
with your comments and suggestions.
Copyright © 2014 by Jan Wagner – #322r1
AutoMatters & More
AutoMatters & More: Mid-engine Corvette + Miata 30th Anniversary Edition is here + ‘Turtle Odyssey’
At long last, a mid-engine Corvette!
AutoMatters & More: Cars & trucks & so much more – Mazda MX-5 Miata at Oz-Some San Diego County Fair
The massive Fourth of July fireworks show celebrates not only America’s Independence Day but also bids farewell to the Oz-Some, month-long, 2019 San Diego County Fair.
AutoMatters & More: Serious Problems for Formula 1 Racing plus Reviewing the LitraPro LED Light for Photography
Formula 1 Racing Facing Serious Problems Long revered as arguably the pinnacle of auto racing – if not all of motorsports – worldwide, Formula 1 racing is now in serious trouble.
AutoMatters & More: Lowriders car show & ‘Toy Story 4'
Lowriders Car Show We are truly spoiled here in Southern California.
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THE FARMER’S DAUGHTER
DENEAN
CD'S $16.98 | DOWNLOADS $9.99 ($.99)
Total Album Length: 53:23
The Farmer’s Daughter Song Lyrics
Dedicated to the loving memory of my father, Parnell (1924-1995)
Doug Geist (Santa Fe Center Studios), Denean, Eric Larson, Audio Engineer
Winner of the 2000 New Mexico Awards
"BEST PRODUCER"
"Denean has a clear, lovely, and touching voice, and when she is using it to sing her Native American-flavored country songs, there is no one like her!" Stephen Schwartz -Songwriter/Lyricist Disney's "Pocahontas" Dreamworks' "Prince of Egypt"
"Denean's music, as much as the unspeakable "Great Mystery" can be pointed to in sound and lyric, captures THAT, calling forth the Spirit with a humility that pierces the heart..."The Farmers Daughter" is a collage of contemporary, very intimate poetry put to her mesmerizing compositions, ALA a 21st century RUMI. It's authentic, full of human simplicity yet transcendent. Multiple listens recommended!" Alan Hutner-Host/Producer Transitions Radio Magazine
The Farmer's Daughter Song List:
1. By Way of Angels / 2. Responding / 3. Truth Behind Those Eyes / 4. Letter to My Desire / 5. When It's All Said and Done / 6. The Farmer's Daughter / 7. I Am (Song of the Sandia Mtns. / 8. Your Own Soul / 9. Like Water / 10. T'ai Chi / 11. Eagle in My Heart
℗ 1998 Woo Way Intuitive Healing Arts
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