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The Supreme Court will on Tuesday hear the PIL filed by Swaraj Abhiyan, seeking proper rehabilitation and financial assistance to the people of 11 drough affected states.
The plea was filed by a Delhi based Non-Governmental Organisation (NGO) 'Swaraj Abhiyan', seeking directions from the apex court to the Central and state governments to provide timely and effective relief to drought affected people in several states.
A Bench comprising Justices M.B. Lokur and N.V. Ramana will be hearing the case and senior Supreme Court advocate Prashant Bhushan will be representing the NGO.
In May last year, the apex court had directed the drought-hit states to provide highly subsidised foodgrains to the affected people under the National Food Security (NFS) Act. The states are Gujarat, Uttar Pradesh, Madhya Pradesh, Karnataka, Andhra Pradesh, Telangana, Maharashtra, Odisha, Jharkhand and Chhattisgarh.
The Bench had pulled up Haryana, Gujarat and Bihar for refusing to declare drought, despite a sharp fall in the monsoon rains, a primary indicator for assessing people's distress arising from water scarcity and crop failure. Gujarat declared drought only in some areas that too very late.
The Bench had directed all the 12 states, including Haryana and Bihar, to provide five kilogram of food-grains per person a month at the price meant for below poverty line (BPL) families and this should be given to even those above the poverty line (APL) and those not holding ration cards.
(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)
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Unlike other diaspora communities in the Chicagoland area, and by extension the United States, the Urdu-speaking diaspora (encompassing North and Central Indian Muslims and Pakistani Muhajirs) lacks in attempting to preserve their mother tongue. While other communities have established schools dedicated solely to teaching American-born generations their mother tongue, no such examples exist among Urdu-speakers in Chicago to the likes of the Greek and Iranian diaspora. This could be attributed to various factors including a greater desire to assimilate due to the hegemonic dismissal of languages besides English in the West, or simply being unaware exactly how to implement the system. There could very well be several factors playing at once, and many seem to be a continuation of various ways Urdu has been viewed and understood as a language by its native speakers over the centuries.
With its earliest found written poetry dating to the 13th and 14th centuries, Modern Standard Urdu has cycled through a half-dozen names in 800 years, its current name being popularized by the British in the 19th century in place of the then more popular Hindi and Hindavi. Leading Urdu linguists and theorists argue this emphasis to promote the names Hindustani and then Urdu over others was a conscious attempt by the British to differentiate between Hindi as spoken by Indian Muslims and Indian Hindus. Such a differentiation is present in the works of the early East India Company linguist John Gilchrist where he creates a Hindu vs. Muslim Hindavi vs. Hindustani/Urdu dichotomy which did not exist in the minds of the natives at the time. This was reinforced by the Hindi-Urdu controversy of the late 19th century by which Modern Standard Hindi and Urdu became realities divided on religious lines. Urdu now became the sole property of North Indian Muslims and subsequently all Indian Muslims in attempt to concoct an ethnonational group necessitating its own homeland.
The language to become the national language of Pakistan was thus politically conceived, rendering it relevant only in the context of politicization with the demands of a specific group, initially to link Urdu’s future with state patronage. The turn of the 20th century saw regulation of government jobs being open to those who read Hindi/Urdu in the Devanagari script. The new government practice only increased the new Muslim elite’s association with Urdu to the extent it was claimed Urdu was being “served” for its “progression” (Urdu ki khidmat/taraqqi). “Have you ever heard of a sailor claiming he is serving a boat or a river?” Ajmal Kamal aptly asks about the unprecedented concept. This newfound desire to serve Urdu was intricately linked to the political and economic success of a religious group confined primarily to one Indian province and one would assume less importance would be given to the language when no longer relevant to one’s Muslim identity.
While new desire to serve Urdu boomed in the late 19th and early 20th centuries linked to political rights and a newly contrived identity, the decades and centuries prior to the 1870s show widespread discomfort and even contempt of the language. One of the names used for Urdu in the 18th and 19th centuries was Rekhta: literally meaning a mixture. Initially the name of a genre of poetry where Persian was written in a Hindi template or vice versa, it later became the name of the language in which such poetry was written. This shows the lowly status Urdu held with respect to Persian in the eyes of the native elite where the language was viewed as inferior, as if it fell from heavenly status. Proper contempt was expressed by Sir Syed Ahmad Khan and his peers at Aligarh who viewed Urdu as unfit for scientific, progressive thought. In order for the Indian Muslims to progress, Sir Syed claimed, they must unlearn the “looseness of expression” inherent to Urdu. English thus became the epitome of an academic language to emulate, replacing Persian a proper century before the diaspora phenomenon.
Urdu’s being considered an unacademic language is further evident in its formal instruction being established by the British at Fort William College. It was the establishment of the Fort William College which popularized modern Hindi and Urdu prose on the lines of John Gilchrist’s differentiation between Hindi and Hindustani where Hindustani/Urdu was clearly favored with more texts produced in its Persianized method. Previous Urdu prose was not written in such language, its purpose was to rather present information to the public in simple discourse as exemplified by the 18th century Karbal literature. The establishment of such institutions, however, never rendered Urdu education popular. According to Sir Syed, many of his peers disliked reading Urdu and thus disliked government schools which only taught Urdu and not Persian or Arabic.
A similar indifference to the teaching of Urdu exists among the diaspora where Urdu classes are offered in mosque Sunday schools. Students of such Urdu classes at a predominantly South Asian mosque of Chicago state their instructors and parents did not emphasize the Urdu curriculum to the extent Islamic history and jurisprudence were, in fact it was expected by some that the younger generation would learn Urdu through listening to religious speeches in the language. Such expectations are a common feature of native speakers in the diaspora where the onus is placed on the newer generation to absorb the idiomatic expression in a society worlds apart from the native land. This resembles a continuation of Urdu’s not being formally instructed prior to the British; while Arabic and Persian both had curricula upheld for centuries in the Subcontinent, Urdu’s lack of a standardized curriculum remained in the diaspora. While such absorption was and is possible in the Subcontinent, it becomes difficult when not entrenched by Urdu-speakers and its culture.
One early example of students being encouraged to learn Urdu is that of Shah Waliullah urging his sons to learn idiomatic Urdu to easily address the Delhi public – his sons subsequently wrote the first complete Urdu translations of the Qur’an. Many religious elites truly regarded Urdu as a language to be stooped down to; letters survive of savants apologizing for writing in Urdu for the purpose of explaining that which would typically be expounded on in Persian. English had already replaced Persian as the academic language in North India prior to the creation of Pakistan, yet an abundant mass of religious literature was written in Urdu throughout the 19th and 20th centuries. The mass publication of religious literature in Urdu was propagated by reformist clerics belonging to the Deoband, Ahl-e-Hadith, and Barelvi movements, including thousands of polemical works within and beyond sectarian boundaries, further solidifying Urdu’s association with the Indian Muslims.
Urdu’s relevance to a Muslim identity has diminished within the diaspora, however, as Urdu-speaking Muslims often find themselves in multiethnic and multinational mosques where English becomes more important as a unifier. Even attendees of predominantly South Asian mosques do not confer importance to Urdu when it comes to imagining their place in the United States as Muslims in an era where it is taught that their Muslim identity must precede or even erase any other identity. This scene is worlds apart from the state of the youth in Karachi surveyed by Ali Kamran Chishti at multiple universities on whether they primarily identify themselves as Muslim or Muhajir – 73% of adult students identified themselves as Muhajir first and Muslim second. While Muhajirs in Karachi do not find their strong ethnolinguistic identity to compromise their religiosity, it has become commonplace among Urdu-speaking youth in the diaspora to identify themselves as first and foremost Muslim.
Sources:
Faruqi, Shamsur Rehman. 2003.”Long History of Urdu Literary Culture, Part 1: Naming and Placing a Literary Culture.” In Literary Cultures in History: Reconstructions from South Asia. Berkeley: University of California Press.
Kamal, Ajmal. December 2014. “اچھی اردو بھی کیا بری شے ہے” Tanqeed.
Rahman, Tariq. 2011. From Hindi to Urdu: A Social and Political History. New York: Oxford.
Rahman, Tariq. 2000. “The Teaching of Urdu in British India.” Annual of Urdu Studies.
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How do you display negative time?
Hello,I am using m:ss.00 format to record my lap times in a racing game I play.There is a benchmark figure to compare my times to, and if I do a better time than the benchmark, it should result in a negative time difference.I cannot get Excel to display this negative time.I tried going...if(a>b then "-"& a-b)... or words to that effect, but it didn't work either.Can anyone offer any suggestions please?Thanks
Posted by Mike C on December 12, 2001 3:59 AM
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Glenford Spencer
Glenford "Gee" Spencer (born 1975 in St Catherine) is a Jamaican criminal and member of the Yardies who was listed as one of the top ten most wanted criminals in the country by the Jamaica Constabulary Force
Background
Spencer fled Jamaica after being charged with the murder of Rohan Lowers and, in 2002, was spotted in Bristol, England.
In 2001, he was listed on a Most Wanted list, at place number five.
See also
List of fugitives from justice who disappeared
References
Category:1975 births
Category:Fugitives wanted by Jamaica
Category:Living people
Category:People from Saint Catherine Parish
Category:Yardies
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194 F.Supp.2d 378 (2002)
SAUDI BASIC INDUSTRIES CORPORATION, Individually And in the Name of, and On Behalf of, Al-Jubail Petrochemical Company, A Partnership, Plaintiff,
v.
EXXONMOBIL CORPORATION, Defendant.
Exxonmobil Corporation, Exxon Chemical Arabia, Inc., and Mobil Yanbu Petrochemical Company, Inc., Plaintiffs,
v.
Saudi Basic Industries Corporation, Defendant.
Civil Action Nos. 98-4897(WHW), 00-3841(WHW).
United States District Court, D. New Jersey.
April 3, 2002.
*379 *380 *381 *382 *383 Jeffrey E. Lorell, Saiber, Schlesinger, Satz & Goldstein, LLC, Newark, NJ, Kenneth R. Adamo, Michael W. Vary, Leozino Agozzino, Jones, Day, Reavis & Pogue, Cleveland, OH, Cheryl L. Farine, Hudak & Shunk Co., L.P.A., Akron, OH, for Plaintiffs.
Elizabeth Sher, Pitney, Hardin, Kipp & Szuch, LLP, Morristown, NJ, James Quinn, Weil, Gotshal & Manges, LLP, New York City, David C. Weiner, Charna E. Sherman, Andrew S. Pollis, David J. Michalski, Hahn, Loeser & Parks, LLP, Cleveland, OH, K.C. Johnson, ExxonMobil Corporation, Houston, TX, for Defendant.
AMENDED OPINION
WALLS, District Judge.
This is a complicated dispute concerning the alleged misuse of a patent and alleged overcharges of royalties to a partnership. In the first lawsuit, Civil Action No. 98-4897(WHW) ("NJ-I"), Plaintiff Saudi Basic Industries ("SABIC") moves to clarify or reform a March 10, 2000 Stipulation where it agreed not to practice a technology that is the subject of a patent dispute. SABIC also moves pursuant to Rule 12(c) for partial judgment on the pleadings to strike Defendant ExxonMobil's ("Exxon") defenses of unclean hands and setoff. Exxon cross-moves to dismiss the Complaint pursuant to Rule 19 for SABIC's failure to join necessary and indispensable parties. The motion for clarification or reformation of the March 10 Stipulation is denied; the motion for partial judgment on the pleadings pursuant to Rule 12(c) is also denied. Exxon's cross-motion to dismiss pursuant to Rule 19 is denied; SABIC is not required to join either ECAI or KEMYA as an indispensable party.
In the second lawsuit, Civil Action No. 00-3841(WHW) ("NJ-II"), SABIC moves to dismiss the complaint of Exxon based on the Foreign Sovereign Immunities Act, as well as on other jurisdictional grounds. Exxon moves to consolidate the NJ-I and NJ-II actions into a single lawsuit. The motion to dismiss is denied; the motion to consolidate is granted.
FACTS AND PROCEDURAL BACKGROUND
The claims asserted in this action have their origin in the late 1970's. Because of *384 the number of parties, at the outset it is useful to list them and their relationships to each other: SABIC is a Saudi Arabian corporation, owned 70% by the Saudi government and 30% by private investors, with its principal place of business in Saudi Arabia. Exxon is a New Jersey corporation with its principal place of business in Texas. Exxon Chemical Arabia, Inc. ("ECAI"), a Delaware Corporation with its principal place of business in Texas, is a wholly-owned subsidiary of Exxon Overseas Corporation, which itself is a whollyowned subsidiary of Exxon. KEMYA is a 50/50 limited liability partnership formed between SABIC and ECAI under Saudi Arabian law to manufacture polyethylene. Mobil-Yanbu ("Yanbu") is a Delaware corporation with its principal place of business in Delaware.
In the 1970's, SABIC approached a number of potential partners about the possibility of forming joint ventures in Saudi Arabia to manufacture polyethylene. The negotiations culminated in the formations of two joint ventures in 1980; one with Yanbu, the other with ECAI. Exxon is not a direct party to either of these agreements.
The first joint venture was formed by SABIC and Yanbu on April 19, 1980, and created the Saudi-Yanbu Petrochemical Co. ("YANPET"). The second joint venture was entered into by SABIC and ECAI on April 26, 1980, and established the Al-Jubail Petrochemical Co. ("KEMYA"). Both YANPET and KEMYA are limited liability partnerships existing under the laws of Saudi Arabia, and in the business of manufacturing polyethylene in Saudi Arabia.
Exxon asserts that both joint venture agreements provide that the agreements, including their Annexes[1] "when executed", constitute the "`whole agreement' between the Partners ..." (Joint Venture Agreement, Art. 18.1 (emphasis added)) So, according to Exxon, the December 22, 1980 Service Agreement that is the subject of the NJ-I action, is expressly incorporated into the joint venture agreements, creating a "single package" of rights and obligations. This overall scheme required participation by Exxon and Mobil (not just ECAI and Yanbu), and Exxon argues that all parties understood that Exxon and Mobil (now "Exxon") were intended to benefit from the joint venture agreements. SABIC strongly refutes this version of the facts and asserts that the Service Agreement and Joint Venture Agreements constitute separate agreements.
NJ-I Action
By its amended complaint, SABIC seeks a declaration that KEMYA has ownership rights in proprietary information, including trade secrets and U.S. Patent No. 5,352,749, by virtue of a December 22, 1980 Service Agreement between KEMYA and Exxon.
Pursuant to the Service Agreement, Exxon, acting through its unincorporated division Exxon Chemical Company ("ECC"), agreed to provide certain services to KEMYA from time to time, including engineering, administrative, and technical services related to construction of a petrochemical plant at Al-Jubail in Saudi Arabia. (Am.Compl. ถ 11.) Under the Agreement, processes or patents developed as a result of services provided under the agreement were deemed the property of KEMYA, subject to royalty-free licenses *385 given to Exxon and its affiliates. The Agreement is governed by Saudi Arabian law.
In 1991, in an attempt to expand the capacity of its Al-Jubail petrochemical facility in Saudi Arabia, KEMYA requested that Exxon conduct a study of the plant reactors' ultimate capacity ("the URC study"). (Am.Compl.ถถ 19-21.) In connection with that request, Exxon was given access to proprietary information belonging to KEMYA. Id. ถ 22. SABIC alleges that such access occurred "well prior to the filing of the last of the patent applications that led to the '749 patent." The URC study was completed by July 1991.
SABIC claims that Exxon has improperly withheld the results of the URC study, as well as other aspects of KEMYA's operations, and violated the '749 patent. Further, SABIC alleges that in March 1992, Exxon filed an application for a patent concerning the subject matter of the URC study without authorization. In October 1994, the U.S. Patent and Trademark Office issued the '749 patent, entitled "Process for Polymerizing Monomers in Fluidized Beds," to the holding company Exxon Chemical Patents, Inc. ("ECPI") as assignee. That patent describes a method to increase polyethylene production through a process known as "Super Condensed Mode Technology" ("SCM-T"). SABIC charges that Exxon illegally licensed or otherwise conveyed rights in the '749 patent and other KEMYA trade secrets without permission.
In the NJ-I action, SABIC brings suit on behalf of KEMYA for breach of the Service Agreement and implied covenants, specific performance (delivery of the '749 patent and related trade secrets), misappropriation of trade secrets, conversion, tortious interference with prospective economic advantage, unfair competition, and unjust enrichment. SABIC has not joined the other partner, ECAI, as a plaintiff because in its view, ECAI as a subsidiary of Exxon, would not sue its related corporation.
SABIC claims that Exxon expressly acknowledged SABIC and KEMYA's right to contest Exxon's claim of ownership to the technology at issue here. (Am.Compl., Ex. A.) The NJ-I complaint alleges that SCM-T belongs to KEMYA, and that it was wrongfully misappropriated by Exxon. Exxon disputes this argument, and avers that it had a right to practice SCM-T. (Answer ถ 10.)
The NJ-II Action โ Unipol License
On or about September 28, 1980, SABIC entered into an agreement with Union Carbide Corp. ("UCC"), to have the exclusive sublicense for a gas-phase process to manufacture polyethylene in Saudi Arabia. This technology is referred to as Unipolฎ process. In exchange for its exclusive license, SABIC pays UCC, among other things, a running royalty. (Del.Compl., ถ 10.)
SABIC entered into two sublicense agreements with YANPET and KEMYA, effective October 15, 1980, which gave those partnerships the right to use Unipol process in their respective plants to manufacture polyethylene. Under the sublicense agreements, both partnerships were required to pay SABIC a running royalty.
In NJ-II, Plaintiffs Exxon, Yanbu and ECAI claim that SABIC overcharged the partnerships by collecting royalties at a higher rate than agreed upon (the "royalty overcharges").
The Delaware Action
On July 24, 2000, SABIC filed a complaint against Yanbu and ECAI in the Superior Court of Delaware (Civil Action No. OOC-07-161-VAB) ("Delaware action"). SABIC's complaint seeks declaratory relief against these defendants solely on the issue of whether the royalty charges were proper under the joint venture *386 agreements. As said, in NJ-II, Yanbu and ECAI have accused SABIC of "over-charging" both partnerships for royalties in violation of the joint venture agreements.
DISCUSSION
SABIC and Exxon sharply disagree as to the nature of their overall contractual arrangements. As mentioned, they entered into a joint venture agreement in April 1980. The parties agree on this basic point, but disagree on everything that follows. According to Exxon, the joint venture agreement served as an overall operating agreement for the parties, incorporating any future agreements or amendments. SABIC denies this and argues that the April 26, 1980 Joint Venture Agreement, the subject of NJ-II, and the December 22, 1980 Service Agreement, the subject of NJ-I, are separate and distinct and should not be joined in the same action. The Court now sets forth the most plausible nature of the parties contractual relationship, for that determination guides much of the analysis to follow.
The April 1980 Joint Venture Agreement entered into by SABIC and ECAI described the parties' multiple responsibilities for the partnership arrangement to manufacture polyethylene in Saudi Arabia. The Court agrees with Exxon and finds that the Joint Venture Agreement provided the overall contractual arrangement between the parties. This view is enforced by Article 18.1 of the Joint Venture Agreement,[2] which clearly states that the Joint Venture Agreement includes "[a]nnexes hereto, when executed" which constitute the "whole agreement" between the parties. The Joint Venture Agreement supersedes any other agreement or correspondence between the parties. Because the December 22, 1980 Service Agreement is "Annex VI" to the April 26, 1980 Joint Venture Agreement, it becomes part of the whole agreement between the parties. (Dec. 22, 1980 Service Agreement ถ 10.1.)
With this in mind, the Court now analyzes each of the six motions brought by the parties in the NJ-I and NJ-II cases.
1. MOTION TO CLARIFY OR REFORM THE MARCH 10, 2000 STIPULATION
SABIC seeks to clarify, and if necessary, reform the March 10, 2000 Stipulation ("March Stipulation") wherein it agreed not to practice SCM-T. SABIC seeks permission for its affiliated plants to operate at the lower range of the supercondensed mode, namely an allowable usage of up to 22 wt.% condensed phase when manufacturing polyethylene.
The March 10, 2000 Stipulation
The March Stipulation arose from SABIC's motion to dismiss Count IV of Exxon's Amended Counterclaims: Exxon accused SABIC of breaching its fiduciary duty to KEMYA by encouraging certain SABIC affiliates, including SHARQ, to use SCM-T. SABIC moved to dismiss, and contended that it had not conveyed SCM-T information to affiliates, and that none, including SHARQ, had any intention of using SCM-T without proper authorization. Exxon agreed to a dismissal of Count IV's counterclaims based on SABIC's representations in the March 10, 2000 Stipulation which was signed as an Order of this Court on April 3, 2000.[3]
*387 Univation Agreements
In April 1997, Exxon and UCC had formed a 50/50 joint venture, Univation, to commercialize, license and enforce SCM-T patents held by Exxon. The parties expressly agreed that SABIC could operate its recycle gas phase at or below 22 wt.%. (Agozzino Decl., Ex. A ถ 12.02.) Schedule 12.02 identifies "SABIC" as the exempt licensee. (Id. at Schedule 12.02.)
According to SABIC, its management was unaware of the Univation Agreements and the fact that SABIC and its affiliates had been formally granted the right to practice "up to" 22 wt.% condensed. (Dr. Al-Ubaid Decl., ถถ 12, 13).
SABIC contends that as a result of this agreement, Exxon and UCC had covenanted between themselves and for Univation, that a limited portion of SCM-T patent rights (up to 22 wt.% condensed) would not be enforced by Univation against SABIC and its affiliates. SABIC's management later learned of the existence of these agreements.
Exxon contends that the Univation Agreements are immaterial to the present dispute and were produced long before the March Stipulation. According to Exxon, SABIC knew of the Univation Agreements before the Stipulation, and cannot now claim ignorance. In addition, "before summer", Dr. Al-Ubaid of SABIC knew of SHARQ's plans to practice over 17.4 wt.%. (Exxon Mem. In Opp'n to Mot. to Clarify ("Exxon Br.") at 8, citing 10/28/00 AlUbaid Dep. at 666.) However, SABIC did not notify Exxon or the Court of the breach of the March Stipulation.
Exxon argues that the Univation Agreements, despite assertions by SABIC, do not permit SABIC or SHARQ to operate between 17.4 and 22 wt.% condensed. Exxon argues: (1) that Schedule 12.02 of the Univation Agreements does not make any reference to SABIC's affiliates; (2) ถ 12.02 of the Univation Agreements does not apply to SCM-T information at or below 22 wt.%; (3) nothing in the Univation Agreements (or in the law) supports SABIC's interpretation that SABIC or SHARQ is a third-party beneficiary; (4) ถ 12.02 of the Agreements is neither a license nor a covenant not to sue. According to Exxon, the Univation Agreements are agreements between Univation and UCC and provide that Univation will not enforce the SCM-T patents in certain situations.
Permission to Use SCM-T up to 22 wt.%
Despite this Court's April 3, 2000 Order, SHARQ switched to higher condensed phase operations to cool its recycle gas. SHARQ decided to run plant tests up to 22 wt.% condensed as permitted by the Univation Agreements (but forbidden by the April 3 Order). SABIC claims that it did not know of SHARQ's plans until after the April 3 Order was executed.
SABIC then sought permission from KEMYA for SHARQ to operate at 22 wt.% because of its concern that KEMYA might be declared the owner of SCM-T instead of Exxon. Mr. Alaudah, the president of KEMYA, gave such permission (in exchange for a royalty) pending the outcome of this case. (See Exxon's Decl. of Elizabeth J. Sher ("Sher Decl."), Ex. P.)
Based on that permission, on August 1, 2000, SHARQ began running tests at levels *388 up to 22 wt.%. The tests were apparently successful, because SHARQ started operating regularly at these levels. (Al-Ubaid Decl. ถ 20). SABIC argues that the sole purpose of the March Stipulation was to preclude any basis for an accusation that SABIC had made or was planning to make some unauthorized use of SCM-T information transferred improperly from KEMYA. SABIC argues that the phrase "until ownership rights thereto are established" was included because SABIC did not then envision any possibility of such authorization being obtained until the litigation was resolved. SABIC believes that it has fully complied with the March 10 Stipulation and this Court's April 3 Order by obtaining contractual authority from everyone who could be an owner of the technology. SABIC states that no SCM-T information has been transferred to SHARQ.
As a result, SABIC seeks to reform or clarify the Stipulation to reflect SHARQ's right to practice SCM-T information up to 22 wt.% condensed. The March Stipulation and April 3 Order are silent about SHARQ's right to practice up to 22 wt.% condensed. At that time, SHARQ had informed SABIC that it did not intend to practice over 17.4 wt.% condensed. SABIC now cites a "business need" to practice SCM-T up to 22 wt.% condensed, and seeks a clarification and reformation of the stipulation to reflect this.
Exxon's Argument
Exxon argues that the March Stipulation should not be clarified or reformed for several reasons. First, Exxon says that SABIC was and is violating the March Stipulation by allowing its affiliate, SHARQ, to practice SCM-T information before ownership is determined. Exxon also argues that SABIC's argument that the Univation Agreements allowed other parties to use the technology only matters if SABIC loses this case, because if KEMYA owns SCM-T Information as SABIC contends in this lawsuit, then Univation or any other entity could not grant permission to use the technology.
Exxon alleges that in seeking "permission" for SHARQ to operate up to 22 wt.% condensed, SABIC engaged in improper exparte contacts with Mr. Alaudah. This was the subject of a series of submissions and hearings in August and September 2000 before Special Master Weiss on the subject of breach of the parties' agreement to avoid exparte contacts about the litigation with KEMYA employees. Exxon says that throughout these proceedings, SABIC failed to disclose its contacts with Mr. Alaudah and its imminent plans to practice SCM-T. SABIC has defended SHARQ's secret contacts with Mr. Alaudah, claiming that such contacts were "not related to the litigation," even though it now places these communications before the Court as evidence to justify the relief it seeks.
1. The March Stipulation Prohibits SHARQ's Use of SCM-T Information and Is Enforceable.
The March Stipulation is clear on its face as to the representations of SABIC: "... neither SABIC, SHARQ, YANPET, Petrokemya, nor any SABIC affiliate (other than KEMYA) will use or practice the SCM-T Information until the ownership rights thereto are established and the owner expressly authorizes such use." (March 10, 2000 Stip., 2) This Court disagrees with SABIC's assertion that the March Stipulation is ambiguous with regard to SHARQ's right to practice SCM-T Information.
SABIC's arguments that the Univation Agreements create rights for SABIC and its affiliates with regard to the SCM-T information are problematic for several reasons. First, there is little reason to believe that the Univation Agreements *389 were not available for review by SABIC before SABIC and Exxon entered into the March Stipulation. The documents were produced to SABIC four months before the March Stipulation. The Protective Order did not prevent a business designee from having access to these agreements. (See Sher Aff., Ex. E.) Therefore, this Court finds that SABIC's proclaimed ignorance of the terms within the Univation Agreements is unreasonable and suspect.
Also, it is unclear whether Schedule 12.02 of the Univation Agreements granted SHARQ rights to practice SCM-T information. Schedule 12.02 of the Agreement does not explicitly include SABIC's affiliates and SABIC has not asserted a compelling reason to find that the contract should be interpreted to include its affiliates.
Last, assuming that the Univation Agreements afforded rights to SHARQ to practice SCM-T information, Section 12.02 of these agreements was a statement of present intent between UCC and Exxon. There was nothing to preclude these two parties from amending the terms of the agreements so as to allow Univation to enforce the patents against SABIC.[4] This Court does not find the March Stipulation to conflict with the terms of the Univation Agreements. By the March Stipulation, SABIC agreed that SABIC and its affiliates would not use or practice the SCM-T Information until ownership rights were established and the owner expressly authorized such use. Exxon and UCC's earlier agreement not to enforce patent rights against SABIC does not relieve SABIC of its obligations under the March Stipulation. This Court finds that the March Stipulation is an unambiguous and enforceable agreement.
2. SABIC has failed to Demonstrate Permission.
SABIC has also failed to demonstrate permission for use of the SCM-T information. KEMYA's ownership is far from certain. It is unclear that the President of KEMYA, Mr. Alaudah's, grant of permission to SHARQ for use of the SCM-T information was proper.
Exxon argues that the documents governing KEMYA's operations require Board approval for any offer to sell or dispose of property of the Partnership. Mr. Alaudah, president of KEMYA, did not disclose his discussions with SABIC to the other partner, and in doing so, failed to follow KEMYA's approval processes. This Court finds that SHARQ did not receive proper permission to practice the SCM-T information.
3. No Justification to Clarify or Reform the Stipulation
There is substantial reason to deny clarification or reformation of the stipulation: SABIC's motion offers no legal basis to justify reformation. Contract law generally allows reformation only where necessary "to express the agreement [the parties intended.]" Restatement (Second) of Contracts ง 155 (1979). While "mutual mistake" can justify reformation, unilateral mistake cannot. See In Re Resorts International, 181 F.3d 505, 512 (3d Cir.1999) ("`unilateral mistake of a fact unknown to the other party is not ordinarily grounds for avoidance of a contract.'"); *390 see also Coca-Cola Bottling Co. of Elizabethtown, Inc. v. Coca-Cola Co., 988 F.2d 386, 404 (3d Cir.1993), cert. denied, 510 U.S. 908, 114 S.Ct. 289, 126 L.Ed.2d 239 (1993) (same). SABIC has neither raised the issue of mutual mistake, nor pled any facts of mutual mistake about the meaning of the March 10, 2000 Stipulation.
Although there is an exception to the general principle denying relief for unilateral mistake when the non-mistaken party "`knows or has reason to know of the unilateral mistake'", In re Allegheny International, Inc., 954 F.2d 167, 180 (3d Cir.1992) (citations omitted), here SABIC has not pled any facts of its "unilateral mistake", much less Exxon's knowledge of any unilateral mistake. Moreover, modification of a consent order "should not ordinarily be granted `where a party relies on events that actually were anticipated at the time it entered into a decree.'" Building & Constr. Trades Council of Philadelphia & Vicinity, AFL CIO v. NLRB, 64 F.3d 880, 886 (3d Cir.1995)(quoting Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 385, 112 S.Ct. 748, 760, 116 L.Ed.2d 867 (1992)).
This Court denies SABIC's motion to clarify or reform the March 2000 Stipulation because legal justification is absent. Unilateral mistake is not a basis for reformation of an Order. Since August 1, 2000, SABIC has been violating the April 3 Order by allowing SHARQ to practice SCM-T at levels of 22 wt.% condensed. A "business need" even if substantiated, is not a sufficient reason to ignore a Court Order. Because SABIC's motion is denied, Exxon's motion for expedited discovery on this issue is mooted.
2. SABIC's RULE 12(c) MOTIONS TO STRIKE "UNCLEAN HANDS" AND "SET OFF" DEFENSES
In the second of its NJ-I motions, SABIC moves to strike, pursuant to Fed. R. Civ. P 12(c), Exxon's unclean hands and "set-off" defenses because these defenses are allegedly based on a separate agreement.
A. Standard of Review
A motion for judgment on the pleadings under Rule 12(c) is appropriate when the moving party establishes on the face of the pleadings that it is entitled to judgment as a matter of law. Jablonski v. Pan Am. World Airways, Inc., 863 F.2d 289, 290 (3d Cir.1988); Soc'y Hill Civic Ass'n v. Harris, 632 F.2d 1045, 1054 (3d Cir.1980). The motion must be denied "`unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.'" Ilan-Gat Eng'rs, Ltd. v. Shelter Sys. Corp., 879 F.Supp. 416, 419 (D.N.J.1994)(quoting Hayes v. Cmty. Gen'l Osteopathic Hosp., 940 F.2d 54, 56 (3d Cir.1991)). The movant carries the heavy burden of establishing beyond doubt that "no relief can be granted under any set of facts that could be proved." Taj Mahal Travel, Inc. v. Delta Airlines, 164 F.3d 186, 189 (3d Cir. 1998); Inst. for Scientific Info., Inc. v. Gordon & Breach, Sci. Publishers, Inc., 931 F.2d 1002, 1005 (3d Cir.1991)
In reviewing a 12(c) motion, the court must accept the nonmovant's allegations as true and view the facts and inferences in the light most favorable to the nonmoving party. Jablonski, 863 F.2d at 289-90; Ilan-Gat Eng'rs., 879 F.Supp. at 419.
B. Arguments
Exxon first argues that because SABIC is relying on matters outside the pleadings, the summary judgment standard should be applied. However, because in motions for judgment on the pleadings, the Court may consider the pleadings and *391 any written instruments attached as exhibits, there is no need for conversion. Northern Indiana Gun & Outdoor Shows, Inc. v. City of South Bend, 163 F.3d 449, 452 (7th Cir.1998). The Court may also consider any documents referred to in the pleadings, including any undisputedly authentic documents that the claim or defense is based upon. Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir.1993); In re Donald J. Trump Casino Sec. Litig., 7 F.3d 357, 368 n. 9 (3d Cir.1993).
Because SABIC has relied on the contents of Exxon's pleadings, together with the documents expressly referenced therein, these motions will be analyzed under Rule 12(c).
1. The Unclean Hands Defense Relates to the Joint Venture Agreement.
Under general principles of equity, "`[a party] who comes into equity must be with clean hands." Heuer v. Heuer, 152 N.J. 226, 238, 704 A.2d 913 (1998). Where a party has unclean hands with regard to the transaction at issue, the party cannot invoke the equitable powers of the Court. See id.
SABIC relies on the argument that Exxon's "unclean hands" defense arises out of two separate agreements between different sets of parties, with the crux of the NJ-I lawsuit being Exxon's alleged breach of the December 22, 1980 Service Agreement. In response, Exxon asserts that SABIC acted with "unclean hands" in allegedly overcharging KEMYA for royalty payments based on the October 15, 1980 agreement ("royalty overcharges"[5]). SABIC says that Exxon cannot do this because the agreements described above are separate agreements.
As discussed above, this Court has determined that the NJ-I and NJ-II actions arise from one overall agreement. From that, the Court agrees with Exxon that SABIC has not met the high burden of establishing that relief could not be granted under any set of facts. SABIC's argument that the unclean hands defense should be stricken because it relates to a separate agreement is rejected.
2. Unclean Hands Defense Must Relate to Subject Matter of Complaint.
The unclean hands defense must relate closely to the subject matter of the complaint. In re New Valley Corp., 181 F.3d 517, 525 (3d Cir.1999)("the alleged inequitable conduct must be connected, i.e. have a relationship to the matters before the court for resolution"), cert. denied, 528 U.S. 1138, 120 S.Ct. 983, 145 L.Ed.2d 933 (2000). Properly viewed, the equitable maxim of unclean hands is a tool for the court, rather than a defense for the accused. Sears, Roebuck & Co. v. Sears plc, 744 F.Supp. 1297, 1309 (D.Del.1990) ("In actuality, a defendant's claim of unclean hands ... is not a defense at all. When presented with a claim of unclean hands, the court is primarily concerned with protecting its own integrity ...") The doctrine only comes into play when it is evident from the pleadings that the allegedly improper conduct is directly related to the conduct about which plaintiff complains, because only in such circumstances is the Court's equitable power implicated. New Valley, 181 F.3d at 525.
*392 SABIC asserts that the contractual provision upon which Exxon bases its defense is separate, distinct and independent of the breach of contract claim raised by SABIC. When a party's equitable defense is not based upon a purported breach of a contractual provision at issue, such a defense may not serve to bar plaintiff's claims. See Laborers' Int'l Union of North Am. v. Foster Wheeler Corp., 26 F.3d 375 (3d Cir.1994) (suit to compel arbitration under pre-hire agreement not barred by unclean hands because unclean hands premised on breach of different contractual provision).
However, this Court finds that there is a close enough relationship between the inequitable conduct and the claims in the lawsuit to give Exxon the opportunity to assert the defense. SABIC has not met its heavy burden of establishing beyond doubt that, "no relief can be granted under any set of facts that could be proved." Taj Mahal Travel, 164 F.3d at 189. The Court has already found that the Service Agreement and Unipol Agreement are part of the overall Joint Venture Agreement. The allegation by Exxon that SABIC has overcharged the joint venture in violation of the Joint Venture Agreement is conduct related to the breach of the same Joint Venture Agreement. SABIC's alleged unclean hands in overcharging the joint venture in NJ-II are directly relevant to its effort in NJ-I to invoke this Court's equitable powers and enforce obligations supposedly owed by Exxon. This alleged conduct by SABIC could be considered unconscionable conduct that permeates the transaction as a whole. See Shell Oil v. Marinello, 120 N.J.Super. 357, 392, 294 A.2d 253 (N.J.Super.L.1972) ("It is the effect of the inequitable conduct on the total transaction which is determinative whether the [unclean hands defense] shall or shall not be applied.").
3. Unclean Hands Defense Must Relate to the Party Alleged to Have Committed Wrongdoing.
SABIC's additional argument as to why the unclean hands defense should be stricken is that KEMYA is the real party in interest and the unclean hands defense is against SABIC. Because the unclean hands defense must relate to the party seeking that equitable relief, SABIC alleges that the unclean hands defense is improper.
Exxon argues that because SABIC is suing on behalf of KEMYA, there are no other partners against whom to assert the unclean hands defense. Even if KEMYA is innocent, SABIC's unclean hands would prevent it from suing derivatively on KEMYA's behalf. See Gaudiosi v. Mellon, 269 F.2d 873, 882 (3d Cir.1959); Recchion v. Kirby, 637 F.Supp. 1309, 1315-16 (W.D.Pa.1986) (holding that a shareholder with unclean hands cannot sue derivatively).
If SABIC as a derivative shareholder suing on behalf of KEMYA is found to have unclean hands, the Court finds that this wrongful conduct would bar SABIC from bringing the claims at issue. This view is well-established in case law. Recchion applied the doctrine of unclean hands to prevent plaintiff shareholder in a derivative action from complaining about the very conduct which he facilitated. The close connection between the plaintiff's own wrongful conduct and the wrongful conduct which was the basis of the derivative suit allowed the unclean hands defense to go forward. Id. at 1315-16. Similarly, in Gaudiosi, in a derivative action for equitable relief related to a disputed proxy contest, the wrongful conduct of one of the contestants in intimidating the other stockholders abstain from voting their shares allowed an unclean hands defense. Gaudiosi, 269 F.2d at 882.
*393 4. Exxon's Standing to Assert the Royalty Overcharge Claim as Its Unclean Hands Defense
SABIC's final argument in support of its motion to strike the unclean hands defense is that Exxon lacks standing to assert the royalty overcharge claim because it is neither a party nor a third-party beneficiary of the Joint Venture Agreement between SABIC and ECAI. The Court dismisses this argument for the reasons expressed in the following discussion of the setoff defense.
C. Setoff Defense
SABIC incorporates its previous New Valley argument that the lack of a close nexus between the defense and the complaint requires dismissal of the "setoff" defense and offers other arguments.
Setoff is a procedural device to allow a party to reduce the amount owed to an opposing party by the value of the opponent's cross-obligations to that party. U.S. v. York, 909 F.Supp. 4, 9 (D.D.C. 1995). "[A] party can have ... setoff rights only against one asserting claims against himself." Nashville Lodging Co. v. Resolution Trust Corp., 59 F.3d 236, 246 (D.C.Cir.1995). The common law right of setoff is permissive, not mandatory. See In re Monongahela Rye Liquors, 141 F.2d 864, 869 (3d Cir.1944). It cannot be invoked when the general principles of equity would not justify it. York, 909 F.Supp. at 8.
The right to a setoff depends on the existence of mutual debts between the parties to the litigation. Id. at 9.; see also, In Matter of Bevill, Bresler & Schulman, 896 F.2d 54, 57-58 (3d Cir.1990) ("The right of setoff depends on the existence of mutual debts and claims between creditor and debtor."). In other words, direct privity of contract is required before any setoff may be claimed. York, 909 F.Supp. at 9.
1. SABIC's Arguments
a. Privity Required for "Setoff" Defense
According to SABIC, Exxon lacks standing to assert a setoff for the alleged royalty overcharges, losses and damages suffered indirectly by ECAI, because Exxon was neither a party to the Univation Agreement, nor to the Joint Venture Agreement. The overcharges, even if proved, cannot create any obligation by SABIC to pay Exxon. In this situation, a setoff is barred. Capuano v. U.S., 955 F.2d 1427, 1430 (11th Cir.1992) ("It goes without saying that neither party may offset moneys in its hands belonging to some other party.").
b. Disagreement About Exxon's Third Party Beneficiary Status
SABIC also argues that Exxon lacks standing to assert "setoff" because it was not an intended third-party beneficiary of the KEMYA joint venture. For Exxon to have standing, it must demonstrate that it was an intended third-party beneficiary of the KEMYA joint venture. Grant v. Coca-Cola Bottling Co., 780 F.Supp. 246, 248-49 (D.N.J.1991) ("[i]n order to qualify as a third-party beneficiary, the claimant must show that the contract was `made for the benefit of [that] party within the intent and contemplation of the contracting parties'") (citations omitted). It must be more than "mere knowledge" that some third-party may incidentally benefit; rather, it must be a "motivating factor." See Grant, 780 F.Supp. at 249.
According to SABIC, not only has Exxon failed to plead the required facts, but has failed to demonstrate any basis for its standing to assert a setoff based on the alleged royalty overcharge, except to assert its corporate parent status of ECAI, the true party in interest. However, ECAI, says SABIC, is an independent corporation, *394 created under Delaware law, and a wholly owned subsidiary of Exxon Overseas Corp., an independent corporation, which is in turn a subsidiary of ExxonMobil. Exxon disputes this, and claims that it owns 100% of both companies, and therefore is the true "party-in interest."
Although Exxon is a grandparent company of ECAI, the corporate relationship, in and of itself, is not enough to confer standing. As a matter of law, Exxon as a distant parent to ECAI cannot demonstrate that it is an intended beneficiary because any benefit it receives as a parent (such as profits earned by the subsidiary) is indirect and incidental. See Dow Corning v. Chem. Design, Inc., 3 F.Supp.2d 361, 365-66 (W.D.N.Y.1998). If Exxon cannot prosecute the royalty overcharge claim directly, it cannot do so indirectly by an affirmative defense or setoff.
Consequently if SABIC has overcharged KEMYA, any refund is owed to KEMYA, not to Exxon, a non-party to the Unipol transaction upon which the royalty overcharge claims are based. Such are the arguments of SABIC.
2. Exxon's Argument: SABIC has not met its burden
Exxon counters that SABIC's motion for partial judgment on the pleadings to dismiss Exxon's setoff defense must be denied absent a showing that Exxon can prove no set of facts that would sustain the defense.
Although Exxon asserts that it was an intended third-party beneficiary, it does not directly answer SABIC's charge that a grandparent is not a third-party beneficiary per se. See In re Bacigalupi, Inc., 60 B.R. 442, 446 (9th Cir.BAP 1986) (stating that a setoff claim `cannot fail for lack of mutuality' where complaint in other acts alleges third-party beneficiary status)
Exxon avers that its allegations as a third-party beneficiary suffice for purposes of this motion. See Ilan-Gat Eng'rs, 879 F.Supp. at 419. Exxon has expressly pled its third-party status (NJ-II Compl. ถ 28), and argues that this suffices for its designation as a third-party beneficiary. See Caldwell Trucking PRP Group v. Spaulding Composites Co., 890 F.Supp. 1247, 1252 (D.N.J.1995) (considering pleadings filed in other courts for purposes of 12(b)(6) motion).
Exxon argues that even beyond the pleadings, the facts demonstrate that it is a third-party beneficiary because the agreement names Exxon, and operates to its benefit. See ESI, Inc. v. Coastal Corp., 61 F.Supp.2d 35, 73-74 (S.D.N.Y.1999) (holding that, although defendant was not a signatory to joint venture agreement, plaintiff could bring breach of contract claim against defendant where defendant participated in contract negotiations and drafting and had obligations related to joint venture).
Finally, Exxon argues that any questions of fact as to Exxon's third-party status cannot be resolved on a 12(c) motion, or a motion for summary judgment. See Pension Fund-Mid Jersey Trucking Indus.-Local 701 v. Omni Funding Group, 731 F.Supp. 161, 171 (D.N.J.1990) (denying motion for summary judgment in view of issues of fact of "whether parties were intended beneficiaries of contract"); see also Consolidated Rail Corp. v. Portlight, Inc., 188 F.3d 93, 98 (3d Cir.1999) (denying 12(c) motion where pleadings contained no information on the factual question, and the factual record was still undeveloped).
3. Conclusion
The Court finds that for purposes of this motion, Exxon's allegations of its third-party beneficiary status must be accepted and finds that Exxon has sufficiently pled its third-party status. This Court agrees with Exxon and finds that a question of fact as to Exxon's third-party status *395 cannot be resolved on a 12(c) motion for summary judgment. It is sufficient now for Exxon to have plead its third-party beneficiary status. The Court denies SABIC's Rule 12(c) motion.
3. EXXON'S MOTION TO DISMISS PURSUANT TO RULE 19
In the third NJ-I motion, SABIC purports to bring derivative claims on behalf of KEMYA asserting that Exxon is obligated under contract and tort law to assign the rights of SCM-T information to KEMYA. Yet, SABIC has failed to name ECAI, the other partner in KEMYA, as a defendant. Exxon disputes SABIC's right to sue derivatively on KEMYA's behalf, and has preserved its defenses related to SABIC's failure to name either KEMYA or ECAI as indispensable parties. Exxon now moves to dismiss SABIC's derivative claims pursuant to Fed.R.Civ.P. 19 for failure to join a necessary and indispensable party. Alternatively, Exxon requests that this Court grant SABIC a 14-day leave to cure its defective pleading by adding ECAI as a defendant.
Rule 19 sets out separate tests for determining whether a party is "necessary"[6] and "indispensable."[7] If the court finds that a party is a "necessary one," it should direct the plaintiff to amend its complaint to add the person. Failure to comply with such an order may result in dismissal of the plaintiff's action. See Window Glass Cutters League of Am., AFL/CIO v. Am. St. Gobain Corp., 428 F.2d 353, 354 (3d Cir.1970); Rainville Co. v. Consupak, Inc., 407 F.Supp. 221, 225 (D.N.J.1976). When joinder is not feasible, the action must be dismissed if the unnamed person is "indispensable." Courts which analyze joinder fully consider each factor listed in Rules 19(a) and 19(b) to determine whether joinder or dismissal is required. See Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 118, 88 S.Ct. 733, 741, 19 L.Ed.2d 936 (1968).
Exxon complains that SABIC has not named either ECAI or KEMYA as a defendant. SABIC responds that Exxon and ECAI are effectively the same entity because Exxon stands in ECAI's shoes. SABIC alleges that its failure to add ECAI is justified by the futility of asking ECAI to "sue its parent or otherwise take action contrary to Exxon's interests." (First Am. Compl. ถ 9).
In derivative actions, a plaintiff should name the real party in interest to prevent the risk of dismissal.[8] Cases have *396 applied the same rule to partnerships and have dismissed derivative claims when the partnership was an absent party. See Bankston v. Burch, 27 F.3d 164, 167 (5th Cir.1994) ("the partnership is ... an indispensable party without whom the lawsuit should not go forward.").
In the Third Circuit, however, the rule has been modified such that "at least in certain cases, it is possible that a partnership's interest can be effectively represented in litigation by participation of its partners." HB General Corp. v. Manchester Partners, L.P., 95 F.3d 1185, 1193 (3d Cir.1996).
In general, federal courts are extremely reluctant to grant motions to dismiss based on nonjoinder, and dismissal will be ordered only when the defect cannot be cured and serious prejudice or inefficiency will result. See Provident Tradesmens Bank & Trust, 390 U.S. at 118, 88 S.Ct. at 743 ("To say that a court `must' dismiss in the absence of an indispensable party and that it `cannot proceed' without him puts the matter the wrong way around: a court does not know whether a particular person is `indispensable' until it had examined the situation to determine whether it can proceed without him."). With that in mind, the Court will determine whether ECAI or KEMYA are necessary and indispensable parties.
A. Is Either ECAI or KEMYA[9] a "Necessary Party" under Rule 19(a)?
SABIC argues that KEMYA is not a necessary party because it meets none of the criteria of Rule 19(a): first, Kemya is not a party in whose absence "complete relief cannot be accorded." Fed.R.Civ.P. 19(a)(1). A decision in favor of SABIC (acting derivatively) for KEMYA would restore the misappropriated asset to KEMYA, and end this dispute. Alternatively, a decision in favor of Exxon would end the dispute by binding SABIC, KEMYA, and ECAI. KEMYA cannot file another claim without SABIC's express authorization, and a binding decision upon SABIC precludes this possibility. Also, ECAI is the only other partner, and it will not take action against its parent. Ono v. Itoyama, 884 F.Supp. 892, 899 (D.N.J. 1995) ("The Court may presume a 50% shareholder would not agree to initiate litigation against himself."). In SABIC's view, there can be complete relief without naming ECAI or KEMYA as defendants. This Court agrees with SABIC's argument.
Next, SABIC argues that the absent party's ability to protect its interest is not prejudiced. Federal Rule of Civil Procedure 19(a)(2) is intended to either allow an absent party to protect its interests in the event they differ from the parties already in the litigation, or to ensure that the existing parties adequately represent interests of the absent party. Also, joinder is not required when the party, even if joined, could not protect its own interests. Exxon's control over ECAI, coupled with the absence of any other partner to act on KEMYA's behalf, thwarts KEMYA's ability to act independently, so KEMYA is not prejudiced by its absence.
Rule 19(a)(2)(ii) provides that when non-joinder of the absent party could subject the other parties to "multiple, double, *397 or otherwise inconsistent lawsuits", joinder is necessary. Hagstrom v. Breutman, 572 F.Supp. 692, 701 (N.D.Ill.1983). It should be noted that Rule 19 protects only against inconsistent obligations, not inconsistent adjudications. See RPR & Assoc. v. O'Brien/Atkins Assoc., P.A., 921 F.Supp. 1457, 1464 (M.D.N.C.1995). The Third Circuit agrees that Rule 19 is not triggered merely by inconsistent adjudications. See Field v. Volkswagenwerk AG, 626 F.2d 293, 301-02 (3d Cir.1980). (The mere risk that a defendant who has successfully defended against a party may be found liable to another plaintiff in a subsequent action does not necessitate joinder of all of the parties in one action.)
SABIC argues that there is no scenario under which ECAI could be exposed to inconsistent obligations: There are only two partners in KEMYA, ECAI (owned and controlled by Exxon) and SABIC. Because KEMYA cannot act without SABIC's express authorization, there is no risk of multiple lawsuits or inconsistent obligations.
Exxon counters that SABIC does not represent KEMYA's interests. Exxon points to three instances when SABIC's and KEMYA's interests have conflicted. First, SABIC offers SCM-T as a major advance over Unipolฎ technology, and asserts that it would have the automatic right to freely use and sublicense SCM-T, if it is determined to be owned by KEMYA. This conflicts with the spirit of the Unipol Agreement between SABIC and KEMYA, which allows KEMYA to license its major advances to SABIC and UCC, without allowing SABIC to sublicense them further. (SABIC/KEMYA UCC License XI.9, Sher Aff. Exh. C). SABIC is advancing a position that conflicts with KEMYA's interests, says Exxon.
Second, SABIC earlier conceded that SHARQ, its half-owned affiliate, and a direct competitor of KEMYA, is currently using SCM-T, in violation of the March Stipulation that "neither SABIC, SHARQ, YANPET, PetroKEMYA, nor any SABIC affiliate (other than KEMYA) will use or practice the SCM-T information until ownership rights are established." According to Exxon, SABIC's violation demonstrates that it has acted, and will continue to act against KEMYA's interests.
Third, SABIC's alleged overcharging of the KEMYA partnership and efforts to prevent Exxon from litigating the overcharge claims represent another example that SABIC has compromised KEMYA's interests. Exxon argues that KEMYA's interests will not be adequately protected unless either ECAI or KEMYA is joined.
The Court agrees with SABIC that complete relief could be accorded to the parties without KEMYA's presence and that KEMYA lacks interests that would leave the parties subject to inconsistent obligations. But, this Court finds that KEMYA does have independent interests with regard to its licensing relationships, as Exxon describes, that would make it a necessary party under Rule 19(a), "if feasible."
B. Under Rule 19(b), All Indispensable Parties Must be Joined
SABIC does not agree that KEMYA and ECAI are necessary parties, so in its view, no further inquiry under Rule 19(b) is necessary. See Janney Montgomery Scott v. Shepard Niles Inc., 11 F.3d 399, 405 (3d Cir.1993). ("A holding that joinder is compulsory under Rule 19(a) is a necessary predicate to a district court's discretionary determination under Rule 19(b) that the party is indispensable."). SABIC points out that even if ECAI is deemed "necessary," not all necessary parties are indispensable. RPR & Assoc., 921 F.Supp. at 1463. The practical effect here is that if the Court finds ECAI or KEMYA *398 to be indispensable, their addition would destroy diversity jurisdiction and require the dismissal of this case.
When a necessary party who should be joined cannot be joined, the Court must analyze the factors in Rule 19(b) to determine whether to proceed without the absent party, or to dismiss the action.[10] If the merits can be determined without prejudice to the rights of the necessary but absent parties, a court of equity will strain hard to reach that result. See Bourdieu v. Pacific Western Oil. Co., 299 U.S. 65, 70, 57 S.Ct. 51, 53, 81 L.Ed. 42 (1936) reh'g denied, 299 U.S. 622, 57 S.Ct. 228, 81 L.Ed. 458 (1936). "In determining whether a party is indispensable, the court must consider the practical potential for prejudice in the context of the particular factual setting...." RPR & Assoc., 921 F.Supp. at 1463, citing Provident Tradesmens Bank & Trust Co., 390 U.S. 102, 88 S.Ct. 733, 19 L.Ed.2d 936.
SABIC suggests that the Rule 19(b) factors establish that KEMYA is not "indispensable." First, a decision on SABIC's derivative claim will not prejudice KEMYA or expose Exxon to multiple claims. Second, even if there were some conceivable risk to Exxon, there are measures by which such perceived risk can be averted or lessened. Fed.R.Civ.P. 19, Advisory Comment at 121. As example, injunctive relief could fully protect Exxon against risk of a later suit by SABIC. Third, a judgment rendered in KEMYA's absence would adequately resolve the dispute as to all parties, including KEMYA, on whose behalf the action was filed. Finally, neither SABIC nor KEMYA will have an adequate remedy if the action is dismissed for nonjoinder.
H.B. General Corp., cited above, is instructive. That case addressed whether one partner in a limited partnership would be prejudiced by the absence of the partnership entity, because it could file its own identical claims against the defendant, thereby exposing it to multiple suits or inconsistent obligations. The Court initially determined that the partnership was a necessary party because of independent interests that it held. However, the Court, relying on pragmatic considerations, concluded that because there were only three partners, and there were no partners absent which might have an interest in suing the defendant, a decision against the plaintiffs fully protected the defendant, and no joinder was necessary.
Here, SABIC is the only partner able to prosecute the partnership's claims against Exxon. If SABIC loses on the merits, injunctive relief fully protects Exxon against further claims by SABIC on behalf of KEMYA. As SABIC argues, SABIC's derivative claim will not be prejudicial to KEMYA's interests or expose Exxon to multiple suits. Also, neither SABIC nor KEMYA has an adequate remedy if this action is dismissed for nonjoinder because of KEMYA Board deadlock. In light of these practical considerations, this Court finds that KEMYA is not an indispensable party in the context of Rule 19(b).
C. Waiver of Any Contention that KEMYA is an Indispensable Party
SABIC argues that Exxon has waived any contention that KEMYA is an indispensable party. SABIC interprets Exxon's counsel's representation in open court, "[w]e don't take the position that *399 KEMYA is an indispensable party," as waiving the Rule 19 claim (Comprehensive Lorell Decl. Ex. N). Exxon denies that this one statement constitutes waiver. It admits that counsel made the statement only because SABIC treated Exxon and ECAI as the same party. After SABIC reversed itself, and asserted that Exxon cannot represent ECAI's interests, it became clear that either ECAI or KEMYA must be joined.
Even though Exxon's counsel said what he said, the Federal Rules expressly declare that a party cannot waive the defense of failure to join an indispensable party.[11] "[A]n objection based on the absence of an indispensable party can be raised at any time, even by an appellate court ..." Travelers Indem. Co. v. Household Int'l, Inc., 775 F.Supp. 518, 529 (D.Conn.1991).
An Illinois case advanced by SABIC, National Acceptance Co. v. Wechsler, 489 F.Supp. 642, 645 (N.D.Ill.1980), is not helpful because the court held that the party seeking joinder had contractually waived its right to join myriad other parties. Id. at 645. Exxon has never contractually agreed to waive its right to bring this motion. There has been no waiver of Exxon's joinder claim.
D. Joinder and Diversity Jurisdiction
The Court surmises that SABIC does not seek to join ECAI or KEMYA because such joinder would destroy diversity jurisdiction โKEMYA and Exxon are Texas residents.
SABIC responds that even though both KEMYA and Exxon are Texas residents, courts have a duty in diversity cases to realign the parties according to their interests. See Develop. Finance Corp. v. Alpha Housing & Health Care, Inc., 54 F.3d 156, 159 (3d Cir.1995) (Describing a "fundamental principle of federal jurisdiction that `[i]n determining the alignment of parties for jurisdictional purposes, the courts have a `duty' to look beyond the pleadings and arrange the parties according to their sides in the dispute.'") (quoting Indianapolis v. Chase Nat'l Bank, 314 U.S. 63, 69, 62 S.Ct. 15, 17, 86 L.Ed. 47 (1941)). Because KEMYA's interest is to seek enforcement of the Service Agreementโwhich SABIC contends on KEMYA's behalf that Exxon has breachedโKEMYA should be aligned with SABIC as a plaintiff.[12]
Exxon concedes that adding either ECAI or KEMYA will destroy diversity because a partnership is deemed a citizen of each state where its partners are individual citizens. Carden v. Arkoma Assocs., 494 U.S. 185, 195, 110 S.Ct. 1015, 108 L.Ed.2d 157 (1990); HB General, 95 F.3d at 1190 ("for diversity jurisdiction purposes, a limited partnership is considered a citizen of each state in which its partners ... are citizens"). KEMYA is a citizen of Saudi Arabia, where SABIC is incorporated, and of Texas, where ECAI has its principal place of business. Joinder of KEMYA would destroy diversity because both KEMYA and Exxon are citizens of Texas. See VMS/PCA LP v. PCA Partners LP, 727 F.Supp. 1167, 1169 (N.D.Ill. 1989).
When joinder of a partnership to a derivative suit is not feasible due to *400 diversity requirements, the suit must be dismissed unless all partners are joined as parties to the suit. HB General, 95 F.3d at 1193. However, applying the Rule 19(b) factors here, the Court finds that neither KEMYA nor ECAI is an indispensable party because this Court in equity finds that any judgment rendered in the party's absence will be adequate and not prejudicial to such absent parties since each is represented by 50% partners SABIC and Exxon (as grandparent to ECAI) in this lawsuit. Furthermore, SABIC will not have an adequate remedy if this action is dismissed for non-joinder. Neither ECAI or KEMYA will be considered and added as indispensable parties. Diversity jurisdiction remains.
4. SABIC's MOTION TO DISMISS THE NJ-II COMPLAINT UNDER THE FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA)
In NJ-II, SABIC moves to dismiss the complaint claiming immunity as a foreign state under the Foreign Sovereign Immunities Act, 28 U.S.C. ง 1602 et. seq., lack of personal jurisdiction and improper venue. Alternatively, SABIC argues that the court should abstain from exercising jurisdiction even if jurisdiction exists. Further, SABIC asks the Court to dismiss ExxonMobil as a third-party plaintiff because it lacks standing to assert the third-party beneficiary claims. In the event that the complaint survives, SABIC contends that the jury demand should be stricken.
A. Standard of Review
Unlike a motion to dismiss for failure to state a claim pursuant to Fed. R.Civ.P. 12(b)(6), in a motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1), no presumption of truthfulness attaches to the allegations in the complaint and the court may consider matters outside the pleadings such as affidavits and other material properly before the court. Mortensen v. First Federal Savings & Loan Ass'n, 549 F.2d 884, 891 (3d Cir.1977). In a Rule 12(b)(1) motion, "the trial court is free to weigh the evidence and satisfy itself as to the existence of its power to hear the case." Mortensen, 549 F.2d at 891. "[T]he existence of disputed material facts will not preclude the trial court from evaluating for itself the merits of jurisdictional claims. Moreover, the plaintiff will have the burden of proof that jurisdiction does in fact exist." Id. at 891. The plaintiff must not only demonstrate that a controversy existed at the time it filed suit but that it continues to exist throughout the litigation. Spectronics Corp. v. H.B. Fuller Co., 940 F.2d 631, 635 (Fed.Cir.1991). A motion to dismiss for lack of subject matter jurisdiction predicated on the legal insufficiency of a claim may be granted if the claim "clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or ... is wholly insubstantial and frivolous." Kehr Packages, Inc. v. Fidelcor, Inc., 926 F.2d 1406, 1408-09 (3d Cir.), cert. denied, 501 U.S. 1222, 111 S.Ct. 2839, 115 L.Ed.2d 1007 (1991)(quoting Bell v. Hood, 327 U.S. 678, 683, 66 S.Ct. 773, 90 L.Ed. 939 (1946)).
B. Subject Matter Jurisdiction
SABIC contends that this court lacks subject matter jurisdiction under both of the grounds that Exxon asserts. SABIC argues that this Court lacks diversity jurisdiction under 28 U.S.C. ง 1332 and original jurisdiction under 28 U.S.C. ง 1330, the Foreign Sovereign Immunities Act.
1. Diversity Jurisdiction
As SABIC argues, diversity jurisdiction does not exist in this case. Section 1332 confers diversity jurisdiction upon "a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States." It is undisputed *401 that SABIC, an entity of which approximately 70% is owned by the Kingdom of Saudi Arabia (Al-Ubaid Decl. ถ 3), qualifies as a "foreign state" under the definition of 1603(a).[13] However, because SABIC is not the party plaintiff, Section 1332 would not confer jurisdiction. (Compl. ถ 5). See Argentine Republic v. Amerada Hess Shipping Corp., 488 U.S. 428, 437 n. 5, 109 S.Ct. 683, 102 L.Ed.2d 818 (1989) (1976 amendments to ง 1332 eliminated diversity jurisdiction over "foreign state" defendants). As explained by the Supreme Court in Argentine Republic, "`[s]ince jurisdiction in actions against foreign states is comprehensively treated by the new section 1330, a similar jurisdictional basis under section 1332 becomes superfluous.'" Id. (citing H.R.Rep., at 14, S.Rep., at 13, U.S.Code Cong. & Admin. News 1976, p. 6613).
2. Original Jurisdiction Under the FSIA
SABIC further argues that this Court lacks original jurisdiction over this matter because of immunities SABIC claims under the Foreign Sovereign Immunities Act of 1976 ("FSIA"), 28 U.S.C. 1602 et. seq. The FSIA "establishes a comprehensive framework for determining whether a court in this country, state or federal, may exercise jurisdiction over a foreign state." Republic of Argentina v. Weltover, Inc., 504 U.S. 607, 610, 112 S.Ct. 2160, 2164, 119 L.Ed.2d 394 (1992). The FSIA grants district courts subject matter jurisdiction over actions against "foreign states" pursuant to 28 U.S.C. ง 1330(a), which provides that "district courts shall have original jurisdiction without regard to the amount in controversy of any nonjury civil action against a foreign state" as to any claim for which "the foreign state is not entitled to immunity under sections 1605-1607 of this title...." The FSIA provides the "sole basis" for obtaining jurisdiction over a foreign sovereign in U.S. state and federal courts. Id.
Section 1604 of the FSIA provides that a foreign state shall be immune from the jurisdiction of U.S. federal and state courts, unless one of several statutory exceptions applies. 28 U.S.C. ง 1604. When immunity under the FSIA is contested, the following burden-shifting analysis should be applied:
[O]nce the defendant presents a prima facie case that it is a foreign sovereign, the plaintiff has the burden of going forward with showing that, under exceptions to the FSIA, immunity should not be granted, Baglab Ltd. v. Johnson Matthey Bankers Ltd., 665 F.Supp. 289, 293-4 (S.D.N.Y.1987), although the ultimate burden of persuasion remains with the alleged foreign sovereign. Forsythe v. Saudi Arabian Airlines Corp., 885 F.2d 285, 289 n. 6 (5th Cir.1989).
Drexel Burnham Lambert Group Inc. v. Committee of Receivers for A.W. Galadari, 12 F.3d 317 (2d Cir.1993) (quoting Cargill Int'l S.A. v. M/T PAVEL DYBENKO, 991 F.2d 1012, 1016 (2d Cir.1993)); see also Voest-Alpine Trading USA Corp. v. China New York Branch, 142 F.3d 887, 896 (5th Cir.1998). As stated, it is undisputed that SABIC is a "foreign state" as defined by the FSIA. 28 U.S.C. ง 1603(a). This Court will examine the applicability of exceptions to jurisdictional immunity under the FSIA.
3. Exceptions to Immunity
Section 1605 contains the disputed exceptions to sovereign immunity, commonly *402 known as the "waiver" and the "commercial activities" exceptions:
(a) A foreign state shall not be immune from the jurisdiction of the courts of the United States or of the States in any caseโ
(1) in which the foreign state has waived its immunity either explicitly or by implication, notwithstanding any withdrawal of the waiver which the foreign state may purport to effect except in accordance with the terms of the waiver;
(2) in which the action is based upon a commercial activity carried on in the United States by a foreign state; or upon an act performed in the United States in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the United States in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the United States ...
28 U.S.C. ง 1605(a)(1)-(2).
a. Waiver Exception is Narrowly Construed.
As quoted, 28 U.S.C. ง 1605(a)(1) provides that a foreign state shall not be immune from suit if the foreign state "... waived its immunity either explicitly or by implication ...." (emphasis added). Here there was no express waiver of immunity. See Aquinda v. Texaco, 175 F.R.D. 50, 52 (S.D.N.Y.1997), vacated on other ground sub. nom. Jota v. Texaco, Inc., 157 F.3d 153 (2d Cir.1998) (To establish express waiver, there must be a "clear, complete, unambiguous and unmistakable" manifestation of a sovereign's intent to waive its immunity.); see also Libra Bank Ltd. v. Banco Nacional De Costa Rica, S.A., 676 F.2d 47, 49 (2d Cir.1982). At issue here is whether there was an implied waiver of immunity.
Implied waiver has generally been limited to three categories: (1) when the foreign state has agreed to arbitration in another country; (2) when a foreign state has agreed that the law of a particular country shall govern a contract; or (3) when a foreign state has filed a responsive pleading in an action without raising the defense of sovereign immunity. Aquamar, S.A. v. Del Monte Fresh Produce N.A., Inc., 179 F.3d 1279, 1291, n. 24 (11th Cir.1999)(emphasis added). "The courts, loath to broaden the scope of the implied waiver provision, rarely have found that an action that does not fit one of the above three examples constitutes an implicit waiver." Id.
Exxon first argues that SABIC waived its immunity with its filing of the Delaware action that involved claims based on the same issues here, whether SABIC overcharged KEMYA and YANPET in breach of the Joint Venture Agreements. Relying on Matter of Rio Grande Transp., Inc., 516 F.Supp. 1155, 1159 (S.D.N.Y. 1981), SABIC argues that the mere filing of the Delaware action does not waive SABIC's immunity from suit elsewhere. According to SABIC, if Yanbu and ECAI wish to assert affirmative claims "arising out of the transaction or occurrence" as the subject matter of the Delaware action, they may only do so under 28 U.S.C. ง 1607(b). 28 U.S.C. ง 1607(b) provides that foreign states cannot assert immunity with respect to any counterclaim "arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state." On that basis, SABIC asserts that Delaware is the only forum in the United States where Unipol royalty claims may be litigated. Exxon counters that SABIC has waived its immunity under Section 1605(a)(1) because nothing in the statute supports SABIC's view that it *403 can waive sovereign immunity on a state-by-state basis.
This Court agrees with Exxon that SABIC cannot waive sovereign immunity on a state-by-state basis. SABIC points to no authority to support the assertion that only Delaware would have subject matter jurisdiction over this matter because of SABIC's waiver of immunity.
Moreover, in In re Oil Spill by Amoco Cadiz [Republic of France v. Standard Oil Co.], 491 F.Supp. 161(N.D.Ill.1979), the district court rejected a foreign state's argument that the mere filing of a complaint does not constitute waiver, and found that defendant had waived by implication its foreign state immunity to third-party claims under section 1605(a)(1). Id. at 167-168. There was an implied waiver because the foreign state had "[invoked] the jurisdiction of the United States to adjudicate claims which arose [outside the U.S.]" and because the claims at issue were based on the same transactions or occurrences as claims previously filed in U.S. courts by the foreign state. Id. And, as Exxon argues, the case offered by SABIC, In the Matter of Rio Grande Transp., Inc., 516 F.Supp. 1155 (S.D.N.Y. 1981), is not applicable because it involved a unique procedural rule that required the foreign state to file a conditional claim within six months of the plaintiff's claims. The foreign state defendant filed a conditional claim clearly asserting that the claim was to be considered only if its sovereign immunity defense was rejected. Here SABIC voluntarily began actions in two U.S. courts, and in the Delaware state action, seeks declaratory relief on the overcharge issue, the subject here.
Exxon also argues that SABIC waived its immunity by filing the NJ-I action. See 28 U.S.C. 1607(b); Matter of Rio Grande Transport, Inc., 516 F.Supp. 1155, 1159 (S.D.N.Y.1981). According to SABIC, the filing of the NJ-I action alleging patent misappropriation does not serve to waive SABIC's immunity from suit on subjects which do not arise out of the occurrence of that patent misappropriation. And SABIC argues that the only claims that Exxon (not Yanbu or ECAI) may file against SABIC in New Jersey are narrow counterclaims which are statutorily limited and circumscribed.[14]
This Court has already determined that the NJ-I, NJ-II and the Delaware action are based upon breaches of one overall agreement. Based on that determination, the filing of the NJ-I action waives SABIC's immunity from suit on the claims in NJ-II and the Delaware courts. In the NJ-I action, Exxon asserted various counterclaims. However, SABIC never raised sovereign immunity in response to such counterclaims, and expressly conceded jurisdiction under 28 U.S.C. ง 1332 thereby evincing an intent to waive any sovereign immunity. This Court concludes that failure to raise sovereign immunity in the first responsive pleading constitutes an implied waiver. See Aquamar, 179 F.3d at 1291 ("Congress in enacting the FSIA, contemplated that a private attorney representing a foreign state could waive sovereign immunity implicitly by filing, on behalf of the state, a responsive pleading that did not raise the defense," citing H.R.Rep. No. 94-1487, at 18 (1976)).
*404 Because SABIC has repeatedly invoked the protection of U.S. courts, including this Court, for claims against Exxon on the very same agreements among the very same parties, this Court determines that immunity under the FSIA has been waived by implication.
b. "Commercial Activity" Exception
Exxon contends that the first and third clauses of Section 1605(a)(2) apply and defeat any jurisdictional immunity that SABIC has under the FSIA. Section 1605(a)(2) provides that a foreign state shall not be immune in any action based upon:
a commercial activity carried on in the United States by a foreign state; or upon an act performed in the [U.S.] in connection with a commercial activity of the foreign state elsewhere; or upon an act outside the territory of the U.S. in connection with a commercial activity of the foreign state elsewhere and ... causes a direct effect in the [U.S.].
28 U.S.C. ง 1605(a)(2).
As written, Section 1605(a)(2) provides that a foreign state shall not be immune from the jurisdiction of the United States in any case in which the action is based upon "a commercial activity carried on in the United States by the foreign state." Under Section 1603(e), the "commercial activity carried on in the United States by a foreign state" means "commercial activity carried on by such state and having substantial contact with the United States." 28 U.S.C. ง 1603(e). "Commercial activity" is defined as "either a regular course of commercial conduct or a particular commercial transaction or act," "the commercial character [of which] shall be determined by reference to the nature of the course of conduct or particular transaction or act, rather than by reference to its purpose." 28 U.S.C. ง 1603(d).
This Court must determine whether SABIC's cause of action here was "based upon" commercial activity that had "substantial contact" with the United States. Exxon states that its breach of contract and fiduciary duty claims are based upon the following commercial activity in the U.S. by SABIC: (1) SABIC contracted with UCC, an American corporation, for exclusive rights to Unipol technology in Saudi Arabia; (2) the payments under this contract with UCC were made in New York for technology that SABIC had passed along to KEMYA and YANPET at a higher cost; (3) the failures to disclose had occurred during multiple KEMYA and YANPET Board Meetings that occurred in the U.S.; (4) payments from KEMYA and YANPET to SABIC for their rights to use Unipol technology were routed through banks in the United States en route to SABIC's accounts in Saudi Arabia.
SABIC counterargues that the commercial activity upon which Exxon relies is not a necessary element of their claim for breach of contract and fiduciary duty claims and does not meet the "based upon" requirement under the Act. (Al-Ubaid Decl. ถถ 6-7). The Supreme Court in Saudi Arabia v. Nelson, 507 U.S. 349, 113 S.Ct. 1471, 123 L.Ed.2d 47 (1993), described "based upon" as "read most naturally to mean those elements of a claim that, if proven, would entitle a plaintiff to relief under his theory of the case." 507 U.S. at 357, 113 S.Ct at 1477. "[A] claim is `based upon' events in the United States if those events establish a legal element of the claim." Santos v. Compagnie Nationale Air France, 934 F.2d 890, 893 (7th Cir.1991). This Court agrees with SABIC that Exxon's claims are not based upon commercial activity alleged to have occurred in the U.S. Exxon is claiming that SABIC had breached the Joint Venture Agreements and its fiduciary duty in overcharging royalties under two license agreements *405 at a cost in excess of what was agreed upon under the Joint Venture Agreements. These two license agreements and the Joint Venture Agreements were all executed under, and are governed by, Saudi Arabia law. According to SABIC and undisputed, "[t]he costs incurred by SABIC to acquire and license the technology to KEMYA and YANPET were incurred in Saudi Arabia, and the payments SABIC received from both partnerships came to its bank in Saudi Arabia." (SABIC Reply Br. at 17.)
SABIC's failure to disclose the overcharge practice to their ECAI and Mobil Yanbu counterparts at KEMYA and YANPET board meetings that occurred within the United States does not constitute an "act" that occurred within the United States. See Chemarketing Indust., Inc. v. C.V.G., No. 97 CIV. 1791, 1998 WL 199937 at *3 (S.D.N.Y April 23, 1998)(failure to open a letter of credit cannot constitute an act that occurred in the United States). Further, the facts that UCC was an American corporation and that SABIC directed payments to UCC to New York are related to (as argued below, with respect to personal jurisdiction) but are not the activities upon which Exxon's legal claim is based. That YANPET and KEMYA's payments to SABIC were routed through the United States do not constitute substantial contact with the U.S. as required by the exception.
Exxon next argues that any immunity that SABIC has under the FSIA is defeated by the exception found in the third clause of Section 1605(a)(2): a foreign state shall not be immune in any case in which the action is based "upon an act outside the territory of the [U.S.] in connection with a commercial activity of the foreign state elsewhere and that act causes a direct effect in the [U.S.]" 28 U.S.C. ง 1605(a)(emphasis added). This clause requires the following elements to be satisfied to avoid immunity under the FSIA: "(1) an act outside the [U.S.] (2) in connection with commercial activity outside the [U.S.] (3) that causes a direct effect in the [U.S.]." Voest-Alpine Trading USA Corp. v. Bank of China, 142 F.3d 887, 894 (5th Cir.1998).
Exxon claims that the direct effect exception applies because SABIC entered into and breached Joint Venture Agreements with two American corporations, ECAI and Yanbu, causing Plaintiffs and Exxon, a third-party beneficiary, great financial loss. Exxon argues that if any money is owed, such is owed directly to ECAI and Yanbu. SABIC does not contest that the complaint is based upon SABIC's acts with regard to these alleged overcharge practices and that these acts were in connection with commercial activity outside the U.S.
However, in SABIC's view, mere economic loss to an American plaintiff arising from a breach of performance occurring outside the U.S. is not a "direct effect." See Dominican Energy Ltd., Inc. v. Dominican Republic, 903 F.Supp. 1507, 1515 (M.D.Fla.1995). According to SABIC, the financial loss to ECAI and Yanbu was not direct because SABIC overcharged KEMYA and YANPET, not ECAI and Yanbu.
Exxon counters that the contractual obligations at issue are directly owed to ECAI and Yanbu and that the technicalities of corporate structure cannot be used to negate direct effect. Also, Exxon argues that SABIC's assertion that "mere economic loss" to an American plaintiff does not satisfy the "direct effect" requirement conflicts with many cases in which courts have found that economic injury to U.S. entities constituted a "direct effect" in the U.S. See, e.g., Voest-Alpine, 142 F.3d at 897 ("we hold that a financial loss incurred in the United States by an American plaintiff, if it is an immediate consequence of the defendant's activity, constitutes *406 a direct effect sufficient to support jurisdiction under the third clause of the commercial activity exception" (emphasis added)); Ampac, 797 F.Supp. at 977 (finding that based on allegation in complaint that American Defendants would suffer injury to business reputation and lose profits in the U.S., that the "harm alleged follows as an `immediate consequence' of Defendants' activities".)
The Second Circuit in Texas Trading has noted:
Unlike a natural person, a corporate entity is intangible; it cannot be burned or crushed. It can only suffer financial loss. Accordingly, the relevant inquiry under the direct effect clause when plaintiff is a corporation is whether the corporation has suffered a `direct' financial loss.
647 F.2d at 312; see also Tifa Ltd. v. Republic of Ghana, 692 F.Supp. 393, 403 (D.N.J.1988) (finding direct effect due to plaintiff's financial loss from non-payment for goods, even though the money owed by the Ghanaian government was to be paid in Ghana through an intermediary Ghanaian corporation); Crimson Semiconductor, Inc. v. Electronum, 629 F.Supp. 903, 907 (S.D.N.Y.1986) (finding exception applied "because the breach had a `direct effect' in the United States, namely, a financial loss suffered by the beneficiary of the contract, a New York corporation.").
Also, with regard to the "direct effect" exception, the leading case, Weltover, 504 U.S. 607, 112 S.Ct. 2160, 119 L.Ed.2d 394, "teaches that the effect in the United States need only be slight." Id. at 618, 112 S.Ct. at 2168; Ampac Group, Inc. v. Republic of Honduras, 797 F.Supp. 973, 977 (S.D.Fla.1992). The effect need not be "substantial" and "foreseeable." Weltover, 504 U.S. at 618, 112 S.Ct. at 2168. Rather, an effect "is `direct' if it follows as an immediate consequence of the defendants' ... activity.'" Id. (emphasis added); see also Ampac, 797 F.Supp. at 977.
The facts of Weltover illustrate how slight the effect could be to constitute "direct effect." The Weltover bond holders brought a breach of contract action against the Republic of Argentina and its central bank arising out of Argentina's unilateral extension of the time for payment on the bonds issued as part of a currency stabilization plan. Id. at 609-10, 112 S.Ct. at 2163-2164. The District Court denied Argentina's motion to dismiss for lack of subject matter jurisdiction, and held that Argentina was not immune under the FSIA. The Court of Appeals affirmed. The Supreme Court defined "commercial activity" that is an exception to immunity under the FSIA: "[W]hen a foreign government acts, not as a regulator of a market, but in the manner of a private player within it, the foreign sovereign's actions are "commercial" within the meaning of the FSIA." Id. at 614, 112 S.Ct. at 2166. Employing that definition, the Court found that Argentina was engaging in "commercial activity" when it unilaterally issued its bonds. Id. at 617, 112 S.Ct. at 2167. The Supreme Court also addressed whether Argentina's activities had a "direct effect" in the United States: Because the holders of the bonds could designate New York as one of several locations as the place of repayment, the rescheduling of those obligations necessarily had a "direct effect" in the United States." Id. at 619, 112 S.Ct. at 2168.
This Court finds that contrary to SABIC's assertion, there is no requirement of a "legally significant act in the U.S. beyond a financial loss" to satisfy the direct effect requirement. Voest-Alpine, 142 F.3d at 894 (refusing to ascribe a "legally significant act" requirement to the direct effect test); see generally, Weltover, 504 U.S. at 618, 112 S.Ct. at 2168. This Court concludes *407 that ECAI, Yanbu, and Exxon's financial loss suffices for "direct effect" such that the commercial activity exception applies, abrogating SABIC's foreign sovereign immunity.
B. Personal Jurisdiction
SABIC further argues that Exxon's complaint should be dismissed because this Court lacks personal jurisdiction.
1. Consent to Personal Jurisdiction
This Court finds that SABIC consented to personal jurisdiction in New Jersey when it filed the NJ-I action in 1998. As discussed, NJ-I is based on claims arising from the same overall transaction as the matter here. It follows then that SABIC's initiation of litigation in this forum state on claims arising out of the same transaction surrenders any objection to personal jurisdiction by SABIC. Gen'l Contracting & Trading Co. v. Interpole, Inc., 940 F.2d 20, 23 (1st Cir.1991) (By availing itself of the benefits of the New Hampshire courts by instigating a lawsuit against the plaintiff, "it is inevitable that [the defendant] surrendered any jurisdictional objections to claims that [the plaintiff] wished to assert against it in consequence of the same transaction or arising out of the same nucleus of operative facts."); see generally, Adam v. Saenger, 303 U.S. 59, 67-68, 58 S.Ct. 454, 82 L.Ed. 649 (1938) (rejecting plaintiff's jurisdictional objections to counterclaims filed by defendant, the court held: "The plaintiff having, by his voluntary act in demanding justice from the defendant, submitted himself to the jurisdiction of the court, there is nothing arbitrary or unreasonable in treating him as being there for all purposes for which justice to the defendant requires his presence.")
SABIC refers to Aaron Ferer & Sons Co. v. Atlas Scrap Iron & Metal Co., 558 F.2d 450 n. 8 (8th Cir.1977), Whistler Corp. v. Solar Elecs., Inc., 684 F.Supp. 1126,1131 (D.Mass.1988), and Sullivan v. Rilling, No. 94 c 539, 1996 WL 26840 *5 (N.D.Ill. Jan. 22, 1996) to support its proposition that, "as a matter of law, the filing and prosecution of a lawsuit does not constitute the requisite minimum contacts to establish personal jurisdiction." (SABIC's Mem. In Support of Mot. at 22.) However, unlike our situation here and there in General Contracting, the cases offered by SABIC do not deal with a former suit initiated by the defendant on claims arising out of a common transactional core. Because of this Court's conclusion that SABIC has consented to personal jurisdiction in this forum, a long arm analysis is unnecessary. That said, in further support of the existence of personal jurisdiction, this Court will conduct the analysis.
2. Minimum Contacts
a. Standard
Pursuant to Federal Rule of Civil Procedure 4(e), federal "district courts have personal jurisdiction over non-resident defendants to the extent authorized under the law of the forum state in which the district court sits." Sunbelt Corp. v. Noble, Denton & Assoc., Inc., 5 F.3d 28, 31 (3d Cir.1993). New Jersey's long arm statute provides for personal jurisdiction as far as permitted by the Fourteenth Amendment to the United States Constitution. See N.J. Court Rule 4:4-4(c); Carteret Savings Bank, FA v. Shushan, 954 F.2d 141, 145 (3d Cir.1992); DeJames v. Magnificence Carriers, Inc., 654 F.2d 280, 284 (3d Cir.1981). The question of whether this Court has jurisdiction over the defendant is determined by federal constitutional law. See Mesalic v. Fiberfloat Corp., 897 F.2d 696, 698 (3d Cir.1990).
The Fourteenth Amendment permits a state to exercise jurisdiction over an out-of-state defendant only when "the defendant purposefully avails itself of the privilege *408 of conducting activities within the forum State, thus invoking the benefits and protections of its laws." Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 2183, 85 L.Ed.2d 528 (1985) (quoting Hanson v. Denckla, 357 U.S. 235, 253, 78 S.Ct. 1228, 1239-40, 2 L.Ed.2d 1283 (1958)). It is the plaintiff's burden to prove that the defendant has purposefully availed himself of the forum state. See Burke v. Quartey, 969 F.Supp. 921, 924 (D.N.J.1997).
To prove purposeful availment, a plaintiff may rely upon a defendant's specific contacts with the forum state. Personal jurisdiction pursuant to such contacts is known as specific jurisdiction. Specific jurisdiction is invoked when a claim is "relate[d] to" or "arises out of" the defendant's contacts with the forum. See Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868, 1873, 80 L.Ed.2d 404 (1984); Dollar Sav. Bank v. First Sec. Bank of Utah, 746 F.2d 208, 211 (3rd Cir.1984).
A court must first determine whether the defendant had the minimum contacts with the forum necessary for the defendant to have "reasonably anticipate[d] being haled into court there." World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 567, 62 L.Ed.2d 490 (1980) (citations omitted). What constitutes minimum contacts varies with the "quality and nature of the defendant's activity." Hanson, 357 U.S. at 253, 78 S.Ct. at 1240, 2 L.Ed.2d 1283. In assessing the sufficiency of minimum contacts for personal jurisdiction, the court must focus on "`the relationship among the defendant, the forum and the litigation.'" Keeton v. Hustler, 465 U.S. 770, 774, 104 S.Ct. 1473, 1478, 79 L.Ed.2d 790 (1984) (citations omitted). Otherwise stated, there must be at least "a single deliberate contact" with the forum state that relates to the cause of action. United States Golf Ass'n v. United States Amateur Golf Ass'n, 690 F.Supp. 317, 320 (D.N.J.1988). The unilateral acts of the plaintiff, however, will not amount to minimum contacts. Helicopteros, 466 U.S. at 414, 104 S.Ct. at 1872; Hanson, 357 U.S. at 253, 78 S.Ct. at 1239-40.
Second, assuming minimum contacts have been established, a court may inquire whether "the assertion of personal jurisdiction would comport with `fair play and substantial justice.'" Burger King, 471 U.S. at 476, 105 S.Ct at 2184 (quoting Int'l Shoe Comp. v. Washington, 326 U.S. 310, 320, 66 S.Ct. 154, 160, 90 L.Ed. 95 (1945)); Pennzoil Products Co. v. Colelli & Assoc., Inc., 149 F.3d 197, 201 (3d Cir.1998).
Even if a non-resident has sufficient minimum contacts with the forum, the exercise of jurisdiction must still comport with "traditional notions of fair play and substantial justice." Int'l Shoe Co., 326 U.S. at 316, 66 S.Ct at 158. To determine the fairness and reasonableness of the forum's exercise of jurisdiction, it is necessary to consider the "burden on the defendant, the interests of the forum state and the plaintiff's interest in obtaining relief." Asahi Metal Indus. Co., v. Superior Court of California, 480 U.S. 102, 113, 107 S.Ct. 1026, 1033, 94 L.Ed.2d 92 (1987). The Asahi Court cautioned that "[t]he unique burdens placed upon who must defend oneself in a foreign legal system should have significant weight in assessing the reasonableness of stretching the long-arm of personal jurisdiction over national borders." Id. at 114, 107 S.Ct at 1033.
28 U.S.C. 1330(b) provides: "Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction [when one of the exceptions to foreign sovereign immunity in งง 1605-1607 applies] where service has been made under section 1608 of this title." This Court has established *409 through its discussion of the waiver and commercial activity exceptions under ง 1605 that subject matter jurisdiction exists. As long as proper service has been made (an issue not in dispute) and the requirements of due process satisfied, this Court has personal jurisdiction. See Weltover v. Republic of Argentina, 753 F.Supp. 1201, 1207 (S.D.N.Y.1991).
A foreign state is entitled to the same constitutional due process protection as natural persons. Walpex v. Yacimientos Petroliferos Fiscales Bolivianos, 712 F.Supp. 383, 390 (S.D.N.Y.1989) (citing Texas Trading, 647 F.2d at 307); Unidyne Corporation v. Aerolineas Argentinas, 640 F.Supp. 354, 360 (E.D.Va.1985). Instead of requiring "minimum contacts" with a state, the analysis of minimum contacts with a foreign sovereign is nationwide. Verlinden B.V. v. Central Bank of Nigeria, 461 U.S. 480, 490, 103 S.Ct. 1962, 1969, 76 L.Ed.2d 81 (1983); Texas Trading, 647 F.2d at 314; Ruiz v. Transportes Aereos Militares Ecuadorianos, 103 F.R.D. 458, 459-460 (1984). Furthermore, statutory personal jurisdiction for a foreign state is not limited to specific jurisdiction but general jurisdiction as well. See Walpex, 712 F.Supp. at 390.
b. Analysis
A court has specific jurisdiction over a defendant when that defendant has "purposefully directed his activities at residents of the forum and the litigation results from alleged injuries that `arise out of or relate to' those activities.'" Burger King Corp., 471 U.S. at 472, 105 S.Ct. at 2182, 85 L.Ed.2d 528. The Court finds that SABIC is subject to specific jurisdiction based on its contacts in this country that are related to the activities upon which this litigation is based. SABIC sent representatives to the U.S. Board meetings of KEMYA and YANPET where the alleged failure to disclose the overcharges occurred. (Sher Aff. ถ 13). By SABIC's instructions, some of the payments from KEMYA and YANPET to SABIC under the SABIC-KEMYA sublicense passed through United States banks. Also, SABIC's payments to UCC, an American Corporation, under the Unipol Agreement took place in New York (Sher Aff., ถถ 5-6). As Exxon argues, evidence of payments by SABIC to UCC is related to the claims here because the alleged overcharges result from the differential between KEMYA and YANPET's payments to SABIC and SABIC's payments to the UCC. Further, Exxon alleges in the First Amended Complaint that some of the discussions between SABIC, Exxon, Mobil, ECAI and/or Mobil Yanbu before the Joint Venture Agreements took place in the U.S.
For personal jurisdiction to comport with "fair play and substantial justice," it must be reasonable to require the defendant to defend the suit in the forum state. See World-Wide Volkswagen, Corp. v. Woodson, 444 U.S. at 292, 100 S.Ct at 564. To determine reasonableness, a court considers the following factors: the burden on the defendant, the forum state's interest in adjudicating the dispute, the plaintiff's interest in obtaining convenient and effective relief, the interstate judicial system's interest in obtaining the most efficient resolution of controversies, and the shared interest of the several States in furthering substantive social policies. Id. Only in "rare cases [do the] `minimum requirements inherent in the concept of `fair play and substantial justice' ... defeat the reasonableness of jurisdiction even [though] the defendant has purposefully engaged in forum activities.'" Asahi Metal Indust. Co., Ltd. v. Superior Court of Cal., Solano County, 480 U.S. at 116, 107 S.Ct at 1034 (quoting Burger King, 471 U.S. at 477-478, 105 S.Ct at 2184-2185.).
*410 Not only did SABIC engage in deliberate activities in the United States related to the claims here, but SABIC also purposefully availed itself of the protection of the U.S. laws by filing the NJ-I and Delaware actions. Consequently, SABIC could reasonably anticipate being hauled into Court, especially since it was SABIC who originally hauled Exxon into this district court. Based upon the fact that SABIC is litigating two other lawsuits in the United States, one of which is in this forum, this Court concludes that it is not overly burdensome for SABIC to litigate this matter here. Because NJ-I and NJ-II involve claims related to an overall agreement, this Court has determined that the most efficient and convenient resolution of this matter would be to keep NJ-II in this forum and consolidate it with the NJ-I action (as further explained in this opinion). For these reasons, this Court finds that the personal jurisdiction of the matter comports with "fair play and substantial justice."
From allegations in the First Amended Complaint ("FAC"), this Court opines that further jurisdictional discovery may uncover evidence of SABIC's "continuous and systematic" contacts with the U.S. to support general jurisdiction. (FAC ถ 13.) However, this Court finds that further discovery on this ground is unnecessary because of this Court's determination that personal jurisdiction exists through SABIC's consent to personal jurisdiction and because of this Court's specific jurisdiction over this matter.
C. Venue
SABIC also urges that Plaintiffs' complaint be dismissed for improper venue. 28 U.S.C. ง 1391(f), which governs venue in actions against foreign states, provides:
A civil action against a foreign state as defined in ง 1603(a) of this title may be broughtโ
(1) in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of the property that is the subject of the action is situated;
(2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under ง 1605(b) of this title;
(3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in ง 1603(b); or
(4) in the [U.S.] District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof.
SABIC argues that venue is improper in New Jersey because no events relating to plaintiffs' claims occurred here; there is no vessel or cargo here, and SABIC is neither licensed to conduct, nor does it conduct any business in New Jersey. SABIC argues that the only proper venue is the District of Columbia under ง 1391(f)(4) because a transfer to cure improper venue may be made only "to any district or division in which [the case] could have been brought." 28 U.S.C. ง 1406(a).
Exxon retorts that venue is proper because SABIC is doing business in New Jersey. As quoted above, subsection (3) of 28 U.S.C. ง 1391(f) states that venue is proper if the foreign state is "in any judicial district in which the agency or instrumentality is licensed to do business or is doing business ..." (emphasis added.) SABIC's 1999 Annual Report demonstrates that it has a facility in Wayne, New Jersey, through which it presumably distributes goods. (FAC, ถถ 13, 15; see Sher. Aff., ถ 7, Ex. A). According to the FAC, SABIC has regularly sent its employees to *411 technology exchange meetings at UCC's Bound Brook, New Jersey facility and has frequently communicated with UCC personnel there. (FAC, ถ 15) SABIC has also contracted with New Jersey corporations, including Exxon for various projects (Id., ถถ 1, 13).
Exxon also argues that SABIC waived its right to object to venue when it filed the NJ-I action in this Court in 1998. Harris Corp. v. Nat'l Iranian Radio & Television, 691 F.2d 1344, 1349 (11th Cir. 1982); see also H.R.Rep. No. 94-1487, at 32 (1976) reprinted in 1976 U.S.C.C.A.N. 6604, 6631.
SABIC reminds us that "doing business" has been defined in this district as "`engaging in transactions there to such an extent and of such a nature that the state in which the district is located could require the corporation to qualify to `do business' there'". Vivadent (USA), Inc. v. Darby Dental Supply Co., Inc., 655 F.Supp. 1359, 1362 (D.N.J.1987) (quoting Johnson Creative Arts v. Wool Masters, 743 F.2d 947, 954 (1st Cir.1984)). SABIC argues that its activities in New Jersey are not of the extent to which New Jersey would require it to qualify to "do business" here.
First, it should be noted that the Vivadent and Johnson consider "doing business" as applied in section 1391(c), which relates to foreign corporations rather than a foreign state as defined under the FSIA. Second, it should be recognized that a new section 1391(c) was adopted in 1988 which changed the requirement to "any judicial district in which it is subject to personal jurisdiction at the time the action is commenced." 28 U.S.C.A. ง 1391(c), as amended by Act of Nov. 19, 1988, Pub.L. 100-702, ง 1013, 102 Stat. 4624, 4669. And, this Court does not agree with the test proposed by SABIC of "doing business" for reasons well-articulated by Wright, Miller and Cooper:
The licensing standard that the First Circuit chose ... has literally nothing to do with place of suit or protection against an inconvenient forum. The rules on when a state may require a foreign corporation to qualify if it wishes to do business there are derived from the Commerce Clause. One of the consequences of the licensing standard the First Circuit has adopted is that a corporation will never be found to be `doing business' for purposes of ง 1391(c) it is doing a wholly interstate business within the state. This will prevent ง 1391(c) from being used in many cases involving extensive activity by a corporation within the district.
15 Federal Practice and Procedure, ง 3811 at 121 (footnotes omitted).
This Court finds that the business activity described by Exxon is sufficient to meet the "doing business" requirement under ง 1391(f). Additionally, because SABIC chose to litigate NJ-I here, the "underlying venue principles of fairness and convenience" are served by retaining venue in the matter. Eason v. Linden Avionics, Inc., 706 F.Supp. 311, 327 (D.N.J.1989).
Venue is proper in this district; this Court has jurisdiction over SABIC. SABIC's motions to dismiss based on a lack of subject matter jurisdiction, personal jurisdiction and improper venue are denied. Exxon's separate motion for discovery to establish the jurisdictional issues has been rendered moot.
D. Abstention
SABIC next argues that under the abstention doctrine to avoid concurrent litigation, this Court should abstain from hearing the NJ-II action because it is allegedly duplicative and wastes judicial resources.
Some background is necessary: SABIC filed the NJ-I action alleging patent misappropriation *412 in this Court in 1998. In July 2000, it filed a lawsuit in Delaware state court involving the same parties, but seeking declaratory relief that the royalty charges to Yanbu and ECAI were proper under the Joint Venture Agreements. Exxon filed the NJ-II action in August 2000, only a few weeks after the Delaware Action, claiming that the royalty charges violated the Joint Venture Agreements by allegedly overcharging Yanbu and ECAI millions of dollars. SABIC's premise for its abstention argument is that these are all different, unrelated lawsuits, and that abstention is desirable to allow the Delaware Action to proceed. However, this Court has already found that the claims and defenses in the NJ-I, II and Delaware actions are all part of the same overall agreement, such that they should be heard together.
Nevertheless, SABIC wants this Court to abstain in favor of allowing the Delaware action to proceed for reasons of alleged "sound judicial administration." For the reasons that follow, this Court will not abstain.
1. Colorado River Abstention
In Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), the Supreme Court held that abstention is justified only when "exceptional" circumstances support a federal district court's decision to abstain out of deference to parallel state-court litigation. Colorado River, 424 U.S. at 818, 96 S.Ct. at 1246. Colorado River and its progeny emphasize that the mere duplicativeness of parallel state and federal litigation is insufficient to justify abstention on the part of a federal district court. "`[Generally] ... the pendency of an action in the state court is no bar to proceedings concerning the same matter in the Federal Court having jurisdiction.'" Id. at 817, 96 S.Ct. 1236 (quoting McClellan v. Carland, 217 U.S. 268, 282, 30 S.Ct. 501, 505, 54 L.Ed. 762, 767 (1910)). Rather, "the task is to ascertain whether there exist `exceptional' circumstances, the `clearest of justifications,' that can suffice under Colorado River to justify the surrender of that jurisdiction." Moses H. Cone Mem'l Hosp. v. Mercury Constr. Co., 460 U.S. 1, 25-26, 103 S.Ct. 927, 942, 74 L.Ed.2d 765 (1983).
Colorado River identified four factors a federal court should consider when determining whether to abstain from jurisdiction: (1) whether one court first obtained in rem (or quasi in rem) jurisdiction over property involved in that litigation; (2) "inconvenience of the federal forum"; (3) "desirability of avoiding piecemeal litigation"; and (4) "the order in which jurisdiction is obtained by the concurrent forums." Colorado River, 424 U.S. at 818-819, 96 S.Ct. at 1247. Moses Cone added two additional factors to consider: (1) whether federal or state law applies; and (2) adequacy of state court proceeding. Moses Cone, 460 U.S at 23-27, 103 S.Ct. at 941-942. In considering these factors: "the decision whether to dismiss a federal action because of parallel state-court litigation does not rest on a mechanical checklist, but on a careful balancing of the important factors as they apply in a given case, with the balance heavily weighted in favor of the exercise of jurisdiction. The weight to be given to any one factor may vary greatly case from case, depending on the particular setting of the case." Id. at 16, 103 S.Ct. 927.
There is no dispute that this matter parallels the action filed in Delaware. Generally, pending actions in state and federal court are "parallel" when the cases involve "the same parties and claims." Ryan v. Johnson, 115 F.3d 193, 196 (3d Cir.1997). Here the NJ-II and Delaware actions involve the same parties (Yanbu and ECAI), and involve identical claimsโ *413 adjudication of whether SABIC has overcharged Yanbu and ECAI in their royalty payments, in violation of Art. 6.3 of the respective Joint Venture Agreements and whether SABIC has properly charged KEMYA and YANPET under each of their Unipol sublicenses for the use of Unipolฎ process. Although NJ-II and the Delaware action are parallel, the Colorado River factors discussed below require this Court not to abstain.
a. Jurisdiction over Property
Neither of the actions involves in rem or quasi in rem jurisdiction over property; this factor is inapplicable. Allied Nut and Bolt, Inc., v. NSS Indus., 920 F.Supp. 626, 631 (E.D.Pa.1996).
b. Inconvenience of the Forum
SABIC points out that Yanbu is a Delaware corporation and maintains its principal place of business in Wilmington, Delaware. Also, ECAI is a Delaware corporation, with its principal place of business in Texas. According to SABIC, neither Yanbu or ECAI is inconvenienced by the need to litigate in Delaware. Indeed, Delaware was the only forum where SABIC could sue both of these parties, because neither was amenable to suit in New Jersey.
Also, Yanbu and ECAI must respond by filing a compulsory counterclaim in Delaware. See Del. Sup.Ct. R. Civ. P. 13 ("[a] pleading shall state as a compulsory counterclaim any claim which at the time of ... the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim ..."). Thus, the case is properly in Delaware, says SABIC.
Exxon counters that the New Jersey forum is more convenient than any other forum, including Delaware, because SABIC initiated the NJ-I action here first. Also, SABIC has no connection to Delaware, Exxon is incorporated in New Jersey, and no relevant events took place in Delaware. Further, no witnesses or evidence are found in Delaware. This Court finds that the New Jersey forum is not inconvenient for the parties involved and that this factor weighs in favor of this Court not abstaining.
c. Desirability of Avoiding Piecemeal Litigation
SABIC claims that the desire to avoid piecemeal litigation here warrants abstention. According to SABIC, if both the New Jersey and Delaware actions proceed to litigate the same issues between the same parties, there will be needless and wasteful duplication of efforts, and possibly inconsistent rulings: abstention by staying or dismissing the second filed "reactive" suit is appropriate.
"[I]t is evident that the `avoidance of piecemeal litigation' factor is met ... only when there is evidence of a strong federal policy that all claims should be tried in state courts." Ryan, 115 F.3d at 197-8; see also, Colorado River, 424 U.S. at 819-20, 96 S.Ct. at 1247-1248. (factor was met with evidence of clear federal policy that recognizes the availability of comprehensive state systems for adjudication of water rights); Moses Cone, 460 U.S. at 19-20, 103 S.Ct at 939 (factor not met because Federal Arbitration Act did not have clear policy against piecemeal litigation).
This Court finds no clear federal policy here that would give rise to abstention. "The presence of garden-variety state law issues has not, in this circuit, been considered sufficient evidence of congressional policy to consolidate multiple lawsuits for unified resolution in the state courts." Ryan, 115 F.3d at 198. Moreover, because there is another closely-related matter being litigated in this forum (NJ-I), *414 this Court finds that greater judicial economy is served by adjudicating these cases in this forum rather than in Delaware. This Court finds that this factor does not weigh in favor of abstention.
SABIC further argues that circumstances show there is an overriding federal policy to limit piecemeal litigation against foreign states under the FSIA. As discussed, this Court has found that SABIC is not entitled to sovereign immunity under the FSIA. Moreover, even if the FSIA was enacted to protect foreign states like SABIC, there is no indication that the statute demonstrates a preference for state adjudication of claims against foreign states. There are no "exceptional circumstances" favoring abstention with regard to this factor.
d. Order in Which State and Federal Courts Obtained Jurisdiction
This Court first obtained jurisdiction through SABIC's filing of the NJ-I action in 1998. The Delaware action was filed on July 24, 2000. Pre-trial discovery has begun. The NJ II action was filed in this Court by Exxon on August 3, 2000.[15] Discovery has not yet taken place. SABIC argues that the filing of the Delaware action before the filing of the matter here gives this Court reason to abstain. SABIC's argument is rejected because the NJ-I action was filed before the Delaware action. This Court finds that this factor weighs against abstention.
e. Source of Law that Governs
The law of Saudi Arabia applies to all of the agreements. (See Compl., ถ 22). This factor is neutral as to whether the matter should be litigated in New Jersey or in Delaware. See Allied Nut & Bolt, 920 F.Supp. at 632.
f. Adequacy of State Court Proceedings
All of the claims, except Exxon's third-party beneficiary claim are in the Delaware action. Delaware Rule of Civil Procedure 13 requires ECAI and Yanbu to plead all compulsory counterclaims in the Delaware action. SABIC says that the Delaware action is adequate to protect the rights of all parties and to provide complete relief. See Allied Nut and Bolt, 920 F.Supp. at 632. This Court agrees that the state proceedings are adequate.
2. Conclusion
However, when weighing all of the Colorado River factors, this Court will not abstain because it does not find "exceptional circumstances" that would "justify the surrender" of federal jurisdiction. Moses Cone, 460 U.S. at 25-26, 103 S.Ct. at 942. Rather, SABIC essentially argues for this Court's abstention in this case because there are parallel state proceedings. As described, the mere existence of parallel state proceedings does not justify abstention under Colorado River.
E. Third-party Beneficiary Claims
Exxon asserts third-party beneficiary claims on behalf of ECAI, for breach of the Joint Venture Agreement from the alleged royalty overcharges. Exxon claims to be an "intended third-party beneficiary" of these Joint Venture Agreements. (See Compl., ถ 28). SABIC argues that a parent corporation cannot, as a matter of law, assert third-party beneficiary *415 status arising solely out of a contract between its subsidiary and another person.
A third-party cannot sue under a contract to which it is not a party unless it establishes that the contract was directly " `made for the benefit of [that] party within the intent and contemplation of the contracting parties.'" Grant v. Coca-Cola Bottling Co., 780 F.Supp. 246, 248-49 (D.N.J.1991)(quoting First Nat'l State Bank of New Jersey v. Commonwealth Fed'l Sav. and Loan Assoc., 610 F.2d 164, 170 (3d Cir.1979)). Without such contractual intent and direct benefit, the third-party is merely an incidental beneficiary lacking standing to sue. Broadway Maint. Corp. v. Rutgers, 90 N.J. 253, 259, 447 A.2d 906 (1982). Also, a parent corporation is prohibited from claiming third-party beneficiary status under a contract entered into by its subsidiary. Indeed, such claims are routinely dismissed because the purported "benefit" the parent corporation derives is incidental. See Dow Corning Corp. v. Chem. Design, Inc., 3 F.Supp.2d 361, 365-66 (W.D.N.Y.1998).
SABIC urges that Exxon's claim of third-party beneficiary status be dismissed. Any alleged overcharge of royalties under the Unipol sublicenses would go to the KEMYA and YANPET, not Exxon.
Exxon responds that contrary to SABIC's assertion, it has never alleged that its status as a third-party beneficiary depends, in whole or in part, on its status as the ultimate parent company of either ECAI or Yanbu. Exxon has alleged that it is a third-party beneficiary of the Joint Venture Agreements; that is sufficient at this stage in the litigation. See Fed. R.Civ.P. 12(b)(6), 8(a). There is no heightened pleading standard for third-party beneficiary claims. Exxon says that the allegation in ถ 28 of the first amended complaint suffices. This Court agrees.
In addition, Exxon (through its predecessors Exxon and Mobil) was deeply involved in the KEMYA and YANPET ventures since before their inception. While ECAI and Yanbu actually signed the Joint Venture Agreements, Exxon and Mobil representatives were involved in the preformation negotiations. Exxon and Mobil signed various agreements annexed to the Joint Venture Agreements, including the Exxon-KEMYA Service Agreement. The Court finds that Exxon may maintain its third-party beneficiary claims.
F. Jury Demand is Stricken
Finally, SABIC argues that if any portion of plaintiffs' complaint survives, the jury demand is barred by 28 U.S.C. ง 1330, and should be stricken. If jurisdiction is found under Section 1330, the Court's jurisdiction is limited solely to non-jury civil actions. 28 U.S.C. ง 1330(a). As noted earlier, SABIC is a foreign state, defined by 28 U.S.C. ง 1603(a) and as pled by plaintiffs. (Compl., ถ 5).
Whenever a plaintiff asserts jurisdiction under Section 1330 and simultaneously makes a demand for jury trial, courts uniformly grant motions to strike jury demands. Universal Consol. Cos., Inc. v. Bank of China, 35 F.3d 243, 245 (6th Cir. 1994). The jury demand is stricken because of Section 1330 jurisdiction.
5. MOTION TO CONSOLIDATE NJ-I AND NJ-II
Exxon moves to consolidate the NJ-I and NJ-II actions. This Court has already determined that alleged breaches by SABIC and Exxon were based on an "overall agreement" that links all three actions (NJ-I, NJ-II, Delaware Action).
Fed.R.Civ.P. 42 provides:
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders *416 concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Courts in this district have held that Rule 42 does not "demand that actions be identical before they may be consolidated." In re Cendant Corp. Litig., 182 F.R.D. 476, 478 (D.N.J.1998). Rule 42 only requires a "common question of law or fact." Id.; see also 8 Moore's Federal Practice, ง 42.10 at 42-8 (Matthew Bender, 3d. ed.1997) ("[t]he articulated standard for consolidating two or more cases is simply that they involve a `common question of law or fact.' ") "Common questions of law and fact do not have to predominate." Id. at ง 42-10.
The Court enjoys broad discretion in determining whether to consolidate under Rule 42. See e.g., Blake v. Farrell Lines, Inc., 417 F.2d 264, 266 (3d Cir.1969) (affirming consolidation even where overlapping facts resulted in jury trial as to issues of equity). In exercising this discretion, a court should weigh "the interests of judicial economy against the potential for new delays, expense, confusion or prejudice." Easton & Co. v. Mutual Benefit Life Ins. Co., 1992 WL 448794, at *4 (D.N.J. Nov.4, 1992).
This Court exercises its discretion and consolidates the NJ I and II actions. This Court has already held that the NJ-I and II actions arise from the overall Joint Venture Agreement that included the Service Agreement and the Unipol Agreement, the subject of the NJ-I and NJ-II actions respectively. Common questions of law and fact predominate. The interests of judicial economy and avoidance of potential confusion and prejudice favor consolidation.
CONCLUSION
With respect to the NJ-I motions, the motion for clarification or reformation of the March 10 Stipulation and the motion for partial judgment on the pleadings to strike Exxon's unclean hands and setoff defenses are denied. Exxon's cross-motion to dismiss pursuant to Rule 19 is denied; SABIC is not required to join either ECAI or KEMYA because they are not indispensable parties.
With respect to the NJ-II motions, SABIC is not entitled to immunity under FSIA because of its implied waiver to immunity. In addition, the "commercial activity" exception to immunity applies because SABIC's activities had a "direct effect" in the United States pursuant to 28 U.S.C. 1605(a)(2). This Court has determined that personal jurisdiction exists because of SABIC's consent to personal jurisdiction and its minimum contacts with this jurisdiction. There is sufficient evidence that SABIC was "doing business" in New Jersey and therefore, venue is proper in this District.
Abstention is denied under Colorado River because the balance of factors does not meet the exceptional circumstances standard to defeat federal jurisdiction. SABIC's motion to dismiss Exxon's claim of third-party beneficiary status is denied. The jury demand is stricken because SABIC is a foreign sovereign. Finally, the NJ-I and II actions are consolidated.
ORDER
This dispute concerns the alleged misuse of a patent and alleged overcharges of royalties to a partnership. In Civil Action No. 98-4897(WHW) ("NJ-I"), Plaintiff Saudi Basic Industries ("SABIC") moves to clarify or reform a March 10, 2000 Stipulation and moves pursuant to Rule 12(c) for partial judgment on the pleadings to strike Defendant ExxonMobil's ("Exxon") defenses of unclean hands and set-off. Exxon cross-moves to dismiss the complaint pursuant to Rule 19 for SABIC's failure to join necessary and indispensable parties.
*417 In Civil Action No. 00-3841(WHW) ("NJ-II"), Defendant SABIC moves to dismiss the complaint based on immunity under the Foreign Sovereign Immunities Act, as well as on other jurisdictional grounds. Also, Defendant SABIC moves to dismiss ExxonMobil as a party plaintiff because of lack of standing to assert third-party beneficiary claims and moves to strike the jury demand because of this Court's jurisdiction under 28 U.S.C. ง 1330. Plaintiffs Exxon, Exxon Chemical Arabia, Inc. and Mobil Yanbu Petrochemical Company, Inc. move to consolidate the NJ-I and NJ-II actions into a single lawsuit.
For the reasons given in the accompanying Opinion, and for good cause shown, It is on this __ day of April, 2002:
ORDERED that the motion for clarification or reformation of the March 10 Stipulation is denied;
IT IS FURTHER ORDERED that the motion for partial judgment on the pleadings pursuant to Rule 12(c) is also denied;
IT IS FURTHER ORDERED that Exxon's cross-motion to dismiss pursuant to Rule 19 is denied;
IT IS FURTHER ORDERED that SABIC's motion to dismiss for lack of jurisdiction and venue is denied;
IT IS FURTHER ORDERED that SABIC's motion to dismiss Exxon's claim of thirdparty beneficiary status is denied;
IT IS FURTHER ORDERED that the jury demand be stricken;
IT IS FURTHER ORDERED that the Exxon's motion to consolidate is granted.
NOTES
[1] The December 22, 1980 Service Agreement is an annex to the Joint Venture Agreement. Clause 10.1 of the Service Agreement provides: "The Agreement shall continue its force as long as the Joint Venture Agreement (to which this Agreement is Annex VI) continues in full force and effect, or until a termination pursuant to Clause 11.1 of this Agreement." (emphasis added)
[2] See Joint Venture Agreement Between Saudi Basic Industries Corporation and Exxon Chemical Arabia, Inc., Art. 18.1, "This Joint Venture Agreement, including the Annexes hereto, when executed, constitute the whole agreement between the Partners as to the matters herein set out and accordingly supersedes any previous agreement or correspondence between the Partners and any other related letters/agreements." (emphasis added)
[3] In the March 10, 2000 Stipulation (later the April 3, 2000 Order), SABIC represented to Exxon that, "[n]either SABIC, SHARQ, Yanpet ... nor any SABIC affiliate (other than KEMYA) have used or practiced SCM-T Information. SABIC further represents that neither SABIC, SHARQ, Yanpet ... nor any other SABIC affiliate (other than KEMYA) will use or practice the SCM-T Information until the ownership rights thereto are established and the owner expressly authorizes such use...." Whether the Stipulation should have been signed as an Order of the Court is the subject of a separate motion.
[4] SABIC argues that SABIC and its affiliates are third-party beneficiaries to these agreements. The question of whether SABIC and its affiliates were intended beneficiaries by the contracting parties will not be explored in this opinion. It is enough that the contracting parties had the ability to change the terms of the agreement according to their present intent and that the March Stipulation does not conflict with the terms of the Univation Formation Agreement to determine this motion.
[5] The royalty overcharge claims are the subject of two other actions. One, pending before this Court, ExxonMobil Corp. v. SABIC, (00-3841), is the subject of a motion to dismiss for lack of jurisdiction. The other is pending before the Superior Court of Delaware, Saudi Basic Industries Corp. v. Mobil Yanbu Petrochemical Co. (Civil Action No. OOC-07-161-VAB) which Exxon seeks to dismiss.
[6] See Fed.R.Civ.P. 19(a):
A person who is subject to service of process and whose joinder will not deprive the court of jurisdiction ... shall be joined as a party in the action if (1) in the person's absence complete relief cannot be accorded ... (2) the person claims an interest ... and is so situated that the disposition of the action in the person's absence may (i) as a practical matter impair or impede the person's ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations ...
(emphasis added)
[7] See Fed.R.Civ.P. 19(b):
If a person described in subdivision (a)(1)-(2) ... cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to the person or those already parties; second, the extent to which, by protective provisions in the judgment, ... the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
[8] See 7 Charles Alan Wright, et. al., Federal Practice and Procedure ง 1615, at 230-31 (2d. Ed.1986) ("the corporation on whose behalf a derivative action is brought is a necessary party upon which any decision is binding."); see also Ross v. Bernhard, 396 U.S. 531, 538, 90 S.Ct. 733, 24 L.Ed.2d 729 (1970) (quote)
[9] For purposes of this motion, the reader should assume that arguments regarding the addition of KEMYA as a party would also apply to arguments for adding ECAI as a party. This Court will not continue to reference both throughout this motion.
[10] Courts are reluctant to grant motions to dismiss based on nonjoinder, and do so only when the material defect cannot be cured and serious prejudice or inefficiency will result. See RPR & Assoc., 921 F.Supp. at 1463, citing Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102, 118, 88 S.Ct. 733, 742, 19 L.Ed.2d 936 (1968).
[11] See Fed.R.Civ.P. 12(h), Advisory Comm. Notes to 1966 Amendment ("It is to be noted that while the defenses specified in subdivision (h)(1) are subject to waiver ... the more substantial defenses of ... failure to join an indispensable party under Rule 19 ... are expressly preserved against waiver....")
[12] See Duffey v. Wheeler, 820 F.2d 1161 (11th Cir.1987) (In a derivative action brought by one of two shareholders in a close corporation, court allowed corporation to be aligned with plaintiff, reversing lower court decision that corporation be named a nominal defendant.).
[13] See 28 U.S.C. ง 1603(a) and (b). ("An `agency or instrumentality of a foreign state means any entity ... (2) which is an organ of a foreign state or political subdivision thereof, or a majority of whose shares or other ownership interest is owned by a foreign state or political subdivision thereof ...'")
[14] 28 U.S.C. ง 1607 provides: "In any action brought by a foreign state ... in a court of the [U.S.] or of a state, the foreign state shall not be accorded immunity with respect to any counterclaimโ(a) for which a foreign state would not be entitled to immunity under section 1605 ... had such claim been brought in a separate action against a foreign state; or (b) arising out of the transaction or occurrence that is the subject matter of the claim of the foreign state; or (c) to the extent that the counterclaim does not seek relief exceeding in amount or differing in kind from that sought by the foreign state."
[15] SABIC neglects to mention that the overcharge issue was already being litigated in the NJ-I action when SABIC filed the Delaware action. In fact, SABIC had already agreed to a consent order that would have required it to respond to overcharge discovery. Instead of responding, SABIC filed the Delaware Action. (Exxon Br. 25, n. 25).
|
{
"pile_set_name": "FreeLaw"
}
|
5% off Flash Furniture with code: FLASH5. 10% off gifts, prices as marked. Sales through Sunday, December 11, 2016. Not valid on previous purchases. Valid on online and phone orders only. Cannot be combined with any other offer. Offer valid on orders shipping in the continental US only.
5% off Flash Furniture with code: FLASH5. 10% off gifts, prices as marked. Sales through Sunday, December 11, 2016. Not valid on previous purchases. Valid on online and phone orders only. Cannot be combined with any other offer. Offer valid on orders shipping in the continental US only.
Item Details
Perfect for frying meats, scrambling eggs, and sauteing vegetables, the TigerChef Aluminum Fry Pan 7" is an indispensable tool for home and commercial kitchens. Featuring a curved wall design and 3.5 mm aluminum construction, this professional grade fry pan has a curved wall design that makes stirring foods easy while conducting heat evenly for consistent results. Thanks to its ergonomic handle, this NSF approved fry pan provides a secure and comfortable grip and its large hanging hole allows for easy storage.
|
{
"pile_set_name": "Pile-CC"
}
|
Hyrule Warriors, the upcoming Wii U game that brings together the Legend of Zelda and Dynasty Warriors franchises, will be released Sept. 26 in North America, Nintendo announced today during its Digital Event from E3 2014.
The game plays like a Dynasty Warriors title, with multiple battles going down at once; you'll get alerts for each of them and can roam around the battlefield to help out your allies. Hyrule Warriors' bosses will show up in different places, and as in the Zelda games, players will have to think carefully about how to defeat them.
Both Midna, the impish creature who starred in The Legend of Zelda: Twilight Princess, and Princess Zelda herself will be playable in Hyrule Warriors, the developers confirmed. They join the previously announced cast of Link and Impa. In a presentation, the developers also reiterated the two-player capabilities of the game: One person can play on the television, and another can use the GamePad.
"Since this collaboration was a first of its kind, we were able to make it a great game that's like a celebration of both franchises," said Hisashi Koinuma, general producer on Hyrule Warriors at developer Tecmo Koei Games.
|
{
"pile_set_name": "OpenWebText2"
}
|
Q:
Is there a maximum attainable beard thickness?
This other question asks if attuning to a Belt of Dwarvenkind grants the following benefit (and literally nothing else):
you have a 50 percent chance each day at dawn of growing a full beard
if you're capable of growing one, or a visibly thicker beard if you
already have one.
My question is about the latter part of that bonus (marked in bold). Say you attune to the belt and then wear it for a prolonged period of time. You never shave, so every other day (on average) your beard becomes "visibly thicker".
Are there any mechanics governing how this works? Like, is there a maximum attainable beard thickness? Could a player reasonably argue that their beard has become so thick and dense that it acts as natural armor and grants them an AC boost or damage resistance?
Would it eventually become an impediment, or even a hazard to the bearded character? For instance, does it become so dense that it's effectively solid and while possibly granting a defensive boost it also impedes movement and makes it difficult to breathe? Do the ever-thickening beard fibers ultimately become so dense that they form a singularity and the character dies? Or does it just do the boring thing, and fizzle out somewhere along the way?
This may all be GM fiat. However the rules as written seem to imply that the beard gets perceptibly thicker every other day without end. If you have a beard, it gets thicker. Each day at dawn (more or less).
If a player demands a strict interpretation, how far do (or can) you take it? What makes sense from a fairness standpoint if the player has gone to the effort of attuning an item just for this one particular benefit?
A:
It's asymptotic.
There's a finite amount of mass available for the beard (based on how much the wearer eats, the weight their neck can support, etc.). Since the beard must continuously get thicker, it has to approach a limit, perhaps something like $$b(t) = b_{max}(1-e^{-t/\tau})$$
where t starts at the time one starts growing a beard (so, for a dwarf, at birth).
What's really interesting is that the beard must not just grow thicker, but grow visibly thicker. This implies that dwarves, at least, can perceive infinitesimal differences in beard thickness, which means they can actually see everyone's facial hair growing all the time. Science!
A:
As you already guessed yourself, RAW this would be a GM fiat.
If I apply some kind of logic (and a bit of humor) in this magic item concept, the beard will grow as thick as the thickest dwarven beard in the multiverse because the Belt of Dwarvenkind should never betray its people giving a non-dwarf the thickest beard there is; Moradin wouldn't approve that.
In the case of a Dwarf user, the belt would elevate his beard to the glorious thickness of Moradin's beard; a great honor for every dwarf.
A:
Hair sheds.
When I have long hair, I seem to lose hair at a greater rate. Even if the number of hairs I lose is constant, since the average length of hairs lost is greater, I lose a greater volume of hair.
What we experience with beard growth in normal life without a magical belt is: When I've recently shaved, my beard is, indeed, visibly thicker the next morning. However, once my beard reaches a critical length, it sheds at a rate so that the rate of growth and the rate of shed hit an equilibrium, and it is no longer visibly thicker the next morning.
Supposing that I have a magical belt that causes my beard to be visibly thicker the next morning, my beard length would have surpassed the rate at which it sheds. Therefore, my beard will no longer be at equilibrium, and will actually become less thick throughout the day.
Once the beard becomes so thick, the beard would shed at such a rate during the day, as to become visibly less thick by evening. By morning, the beard could become visibly thicker than the previous evening, without actually being any thicker than the previous morning. This circumvents the paradox, and is in-line with intuitive hair growth experience.
|
{
"pile_set_name": "StackExchange"
}
|
Q:
Going from using XMLSerializer to using the XNA Content Pipeline
A well known limitation of using the XNA Content Pipeline is that it is not included in the XNA redistributable. So, if you want to create an editor for your game, the designer must download the whole deal: your editor, your engine, XNA Game Studio and Visual Studio Express. Even then, I'm not sure you can compile your XML data into xnb outside of Visual Studio.
So I decided to simply use XMLSerializer, which works fine. However, I'm thinking that, once all the content of my game is done, prior to release, it would be great if I could convert the whole system into using the XNA Content Pipeline. In my mind, I think that the compiled xnb files would load faster than deserializing XML into objects.
Is the conversion possible? More importantly, is it worth it?
Note: my intention is to release the game as an XBOX Live Indie Game.
A:
I'm afraid the conversion in the first place was probably a bad call. Depending on Visual Studio (Express) and XNA Game Studio isn't so bad, because they're free downloads. And I believe the WinForms 2 sample is a good starting point for getting the content pipeline working outside XNA. And loading from XNB should be faster than de-serializing XML.
As for the conversion back - it's probably not worth it.
Possibly a better option would be to write a custom content processor that (rather than using XNA's built-in XML importer) loads your XML files and deserializes them into objects as normal. And then outputs those objects using the content pipeline's automatic XNB writing support. Then you can use Content.Load to load those objects back from the output XNB.
That way you get to keep all the benefits of your XML format (including that it's already written), as well as all the benefits of using XNB in your game.
|
{
"pile_set_name": "StackExchange"
}
|
RCA linear integrated circuits by Radio Corporation of America(
Book
)15
editions published
between
1962
and
1970
in
English
and held by
96 WorldCat member
libraries
worldwide
Britney Spears live : the femme fatale tour(
Visual
)3
editions published
in
2011
in
English
and held by
95 WorldCat member
libraries
worldwide
In the extraordinary live concert event that has taken the world by storm, the Grammy winning pop diva Britney Spears brings
to life a fierce mix of fan-favorite hits and hot new tracks from her album, Femme Fatale, in front of a sold-out Toronto
crowd on her spectacular Femme Fatale Tour. Filling the stage with incredible performances and special guest appearances along
with killer dance routines and fabulous costumes, Britney's bringing the Femme Fatale extravaganza to larger than life levels
Solid-state devices manual by Radio Corporation of America(
Book
)3
editions published
in
1975
in
English
and held by
78 WorldCat member
libraries
worldwide
RCA art collection by Radio Corporation of America(
Book
)2
editions published
in
1972
in
English
and held by
71 WorldCat member
libraries
worldwide
RCA photomultiplier manual by Radio Corporation of America(
Book
)3
editions published
in
1970
in
English
and held by
64 WorldCat member
libraries
worldwide
Optik, Photometrie, Spektrum, Fluoreszenz ; optoelektronischer Bauteil, Fototransistor, LCD, LED, Photozelle
RCA transmitting tubes by Radio Corporation of America(
Book
)9
editions published
between
1956
and
1962
in
English and Undetermined
and held by
64 WorldCat member
libraries
worldwide
|
{
"pile_set_name": "Pile-CC"
}
|
The first in Sideshow’s line of Star Wars collectible Rogue One: A Star Wars Story statues and figures, the Death Trooper Specialist Premium Format™ Star Wars Figure is our first intimidating look into a galaxy longer ago.
This movie-accurate elite soldier of Director Krennic is kitted out in specialized Stormtrooper armor which features a three-cell pouch located on the left shoulder, fabric pauldron on the right, and reinforced helmet with composite armor. The Death Trooper Specialist’s armor sits atop a detailed body suit and is accented by a fabric tactical chest rig that holds sculpted grenades and other accessories – including a thermal detonator.
Rounding out the Death Trooper Specialist’s armament is a blaster and a side arm blaster pistol. The Sideshow Exclusive Death Trooper Specialist Premium Format™ Star Wars Figure also includes an exclusive long-range blaster rifle.
All of this is paired with an environmental base modeled after the ground of a planet far, far away.
|
{
"pile_set_name": "OpenWebText2"
}
|
Q:
How to filter songs in listView
I have a listView filled up with all songs on sdcard, can i filter them by name using an ediText or something else (like a SearchBar) and update the listview?Thanks, this is how I fill up the listview:
@SuppressWarnings("deprecation")
private void init_phone_music_grid() {
System.gc();
String[] proj = { MediaStore.Audio.Media._ID,
MediaStore.Audio.Media.DATA,
MediaStore.Audio.Media.DISPLAY_NAME,
MediaStore.Video.Media.SIZE };
musiccursor = managedQuery(MediaStore.Audio.Media.EXTERNAL_CONTENT_URI,
proj, MediaStore.Audio.Media.DURATION + ">= 120000", null, null);
count = musiccursor.getCount();
musiclist = (ListView) findViewById(R.id.listView1);
musiclist.setAdapter(new MusicAdapter(getApplicationContext()));
musiclist.setOnItemClickListener(musicgridlistener);
mMediaPlayer = new MediaPlayer();
}
private OnItemClickListener musicgridlistener = new OnItemClickListener() {
public void onItemClick(AdapterView parent, View v, int position,
long id) {
System.gc();
music_column_index = musiccursor
.getColumnIndexOrThrow(MediaStore.Audio.Media.DATA);
musiccursor.moveToPosition(position);
String filename = musiccursor.getString(music_column_index);
String canzone=filename.replace("/storage/sdcard0/", "");
canzone=canzone.replace("Music/", "");
canzone=canzone.replace("media/", "");
canzone=canzone.replace("Ringtones/", "");
t=(TextView) findViewById(R.id.textView2);
t.setWidth(130);
t.setSingleLine(true);
t.setText(canzone);
try {
if (mMediaPlayer.isPlaying()) {
mMediaPlayer.reset();
}
mMediaPlayer.setDataSource(filename);
mMediaPlayer.prepare();
mMediaPlayer.start();
} catch (Exception e) {
}
}
};
public class MusicAdapter extends BaseAdapter {
private Context mContext;
public MusicAdapter(Context c) {
mContext = c;
}
public int getCount() {
return count;
}
public Object getItem(int position) {
return position;
}
public long getItemId(int position) {
return position;
}
public View getView(int position, View convertView, ViewGroup parent) {
System.gc();
String id = null;
TextView tv;
if (convertView == null) {
tv = new TextView(mContext.getApplicationContext());
} else{
tv = (TextView) convertView;
}
musiccursor.moveToPosition(position);
music_column_index = musiccursor.getColumnIndexOrThrow(MediaStore.Audio.Media.DISPLAY_NAME);
id = musiccursor.getString(music_column_index);
tv.setText(id);
return tv;
}
}
This is the updated code:
protected void onCreate(Bundle savedInstanceState) {
super.onCreate(savedInstanceState);
setContentView(R.layout.activity_player);
progressBar = (ProgressBar) findViewById(R.id.progressBar1);
init_phone_music_grid(null);
//Controllo();
edittext=(EditText) findViewById(R.id.editText1);
edittext.addTextChangedListener(new TextWatcher() {
@Override
public void onTextChanged(CharSequence cs, int arg1, int arg2, int arg3) {
}
@Override
public void beforeTextChanged(CharSequence arg0, int arg1, int arg2,
int arg3) { }
@Override
public void afterTextChanged(Editable arg0) {
init_phone_music_grid(edittext.getText().toString());
}
});
}
@SuppressWarnings("deprecation")
private void init_phone_music_grid(String a) {
System.gc();
String sortOrder=null;
if(a!=null){
sortOrder=MediaStore.Audio.Media.TITLE +a;
}
String[] proj = { MediaStore.Audio.Media._ID,MediaStore.Audio.Media.DATA,MediaStore.Audio.Media.DISPLAY_NAME,
MediaStore.Video.Media.SIZE };
musiccursor = managedQuery(MediaStore.Audio.Media.EXTERNAL_CONTENT_URI,
proj, MediaStore.Audio.Media.DURATION + ">= 120000", null, sortOrder);
count = musiccursor.getCount();
musiclist = (ListView) findViewById(R.id.listView1);
musiclist.setAdapter(new MusicAdapter(getApplicationContext()));
musiclist.setOnItemClickListener(musicgridlistener);
mMediaPlayer = new MediaPlayer();
}
private OnItemClickListener musicgridlistener = new OnItemClickListener() {
public void onItemClick(AdapterView parent, View v, int position,
long id) {
System.gc();
music_column_index = musiccursor
.getColumnIndexOrThrow(MediaStore.Audio.Media.DATA);
musiccursor.moveToPosition(position);
String filename = musiccursor.getString(music_column_index);
String canzone=filename.replace("/storage/sdcard0/", "");
canzone=canzone.replace("Music/", "");
canzone=canzone.replace("media/", "");
canzone=canzone.replace("Ringtones/", "");
t=(TextView) findViewById(R.id.textView2);
t.setWidth(130);
t.setSingleLine(true);
t.setText(canzone);
try {
if (mMediaPlayer.isPlaying()) {
mMediaPlayer.reset();
}
mMediaPlayer.setDataSource(filename);
mMediaPlayer.prepare();
mMediaPlayer.start();
} catch (Exception e) {
}
}
};
A:
this is how you sort stuffs from mediastore
String sortOrder = MediaStore.Audio.Media.TITLE + " ASC";
if you want to sort it by artists or something else..just replace the "TITLE"part with whatever you dersire..
If you find my answer useful,accept it
Edit:Sorry i forgot where you will put this sort order thing
musiccursor = managedQuery(MediaStore.Audio.Media.EXTERNAL_CONTENT_URI,
proj, MediaStore.Audio.Media.DURATION + ">= 120000", null, null);
in this line of node..replace the last "null" with sortorder,and you will get sorted list...
|
{
"pile_set_name": "StackExchange"
}
|
Q:
Conditional statement within group
I have a dataframe in which I want to make a new column with values based on condition within groups. So for the dataframe below, I want to make a new column n_actions which gives
Cond1. for the whole group GROUP the number 2 if a 6 appears in column STEP
Cond 2. for the whole group GROUP the number 3 if a 9 appears in column STEP
Cond 3. if not a 6 or 9 appears within column STEP for the GROUP, then 1
#dataframe start
dataframe <- data.frame(group = c("A", "A", "A", "B", "B", "B", "B", "B", "B", "C", "C", "C", "D", "D", "D", "D", "D", "D", "D", "D", "D"),
step = c(1, 2, 3, 1, 2, 3, 4, 5, 6, 1, 2, 3, 1, 2, 3, 4, 5, 6, 7, 8, 9))
# dataframe desired
dataframe$n_actions <- c(rep(1, 3), rep(2, 6,), rep(1, 3), rep(3, 9))
A:
Another way with dplyr's case_when:
library(dplyr)
dataframe %>%
group_by(group) %>%
mutate(
n_actions1 = case_when(
9 %in% step ~ 3,
6 %in% step ~ 2,
TRUE ~ 1
)
)
Output:
# A tibble: 21 x 3
# Groups: group [4]
group step n_actions
<fct> <dbl> <dbl>
1 A 1 1
2 A 2 1
3 A 3 1
4 B 1 2
5 B 2 2
6 B 3 2
7 B 4 2
8 B 5 2
9 B 6 2
10 C 1 1
11 C 2 1
12 C 3 1
13 D 1 3
14 D 2 3
15 D 3 3
16 D 4 3
17 D 5 3
18 D 6 3
19 D 7 3
20 D 8 3
21 D 9 3
|
{
"pile_set_name": "StackExchange"
}
|
Move to faster performance with Kingston's SDHC/SDXC UHS-I U3 Flash card. With speeds of 90MB/s read and 80MB/s write, it reads up to 9x faster and writes up to 8x faster than standard Class 10 SD cards. It meets ... Full Description
|
{
"pile_set_name": "Pile-CC"
}
|
New Moon Pisces: Solar Eclipse
New Moon Solar eclipse: 8 degrees Pisces: 09:58 AM ESTYou might say, if you were ruthlessly determined to get to the root of things, that possibly the incredible self-centeredness of the western world; the belief that we deserve to have what we want or not have what we don’t want is what led us here, to this moment, to the destruction of the democratic ideal. The engine of civilization when fueled by greed is bound to crash and burn. Every New Moon is an invitation to plant a seed of something – you only get one go a year at each seed. Pisces is complicated: On one hand, it’s compassion and empathy to an extreme degree. It’s the ‘make me one with everything’ sign. On the other hand it can also be about cruelty and torture in the sense that if a person turns away from the suffering of others because they cannot bear to feel it, they project that the suffering of others does not matter. This then becomes some kind of twisted license to cause suffering. Both sides are manifestations of Pisces. Maybe the New Moon and the fact that it’s an eclipse are asking us to take sides. Maybe the opposite of compassion is cruelty, at the very least, ignorance.
|
{
"pile_set_name": "Pile-CC"
}
|
[Identification of NMDA receptor in normal bovine ovary and ovum].
To clarify the pathogenesis of anti-N-methyl-D-aspartate receptor (NMDAR) encephalitis in patients without ovarian teratoma, we investigate normal human ovary, normal bovine ovary and bovine ova. On the basis of immunohistochemical studies, normal human ovary expressed NR2B epitope in primordial oocytes. The results of SDS-PAGE and immunoblotting using bovine ovarian tissues and ova, we identified two bands of NR1 and NR2B. Moreover, reverse phase liquid chromatography coupled to tandem mass spectrometry showed peptides fractions of NR1, NR2A, NR2B and NR2C. Immunocytochemical study disclosed that normal bovine oocyte has a strong affinity for a patient's disease-specific IgG. Anti-NMDAR encephalitis involves mainly young women who are in their reproductive age. Ovarian teratoma is important as simultaneous tumor, the percentage of patients with ovarian teratoma is less than 40%. It is obvious that the origin of ovarian teratoma is oocyte. So the existence of NMDAR in normal oocytes is very important to assert that ovary itself is the antigen presenting tissue. And also it is helpful to explain why young women are mainly affected from this disease. It seems to conclude that anti-NMDAR encephalitis is one form of autoimmune synaptic encephalitis and that the antigen presenting tissue is ovary itself.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
/*
Copyright (c) 2017 SAP SE or an SAP affiliate company. All rights reserved.
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
*/
// Package options is used to specify options to MCM
package options
import (
"time"
mcmoptions "github.com/gardener/machine-controller-manager/pkg/options"
metav1 "k8s.io/apimachinery/pkg/apis/meta/v1"
)
// ClientConnectionConfiguration contains details for constructing a client.
type ClientConnectionConfiguration struct {
// kubeConfigFile is the path to a kubeconfig file.
KubeConfigFile string
// acceptContentTypes defines the Accept header sent by clients when connecting to a server, overriding the
// default value of 'application/json'. This field will control all connections to the server used by a particular
// client.
AcceptContentTypes string
// contentType is the content type used when sending data to the server from this client.
ContentType string
// qps controls the number of queries per second allowed for this connection.
QPS float32
// burst allows extra queries to accumulate when a client is exceeding its rate.
Burst int
}
// MachineControllerConfiguration contains machine configurations
// +k8s:deepcopy-gen:interfaces=k8s.io/apimachinery/pkg/runtime.Object
type MachineControllerConfiguration struct {
metav1.TypeMeta
// namespace in seed cluster in which controller would look for the resources.
Namespace string
// port is the port that the controller-manager's http service runs on.
Port int32
// address is the IP address to serve on (set to 0.0.0.0 for all interfaces).
Address string
// CloudProvider is the provider for cloud services.
CloudProvider string
// ConcurrentNodeSyncs is the number of node objects that are
// allowed to sync concurrently. Larger number = more responsive nodes,
// but more CPU (and network) load.
ConcurrentNodeSyncs int32
// enableProfiling enables profiling via web interface host:port/debug/pprof/
EnableProfiling bool
// enableContentionProfiling enables lock contention profiling, if enableProfiling is true.
EnableContentionProfiling bool
// contentType is contentType of requests sent to apiserver.
ContentType string
// kubeAPIQPS is the QPS to use while talking with kubernetes apiserver.
KubeAPIQPS float32
// kubeAPIBurst is the burst to use while talking with kubernetes apiserver.
KubeAPIBurst int32
// leaderElection defines the configuration of leader election client.
LeaderElection mcmoptions.LeaderElectionConfiguration
// How long to wait between starting controller managers
ControllerStartInterval metav1.Duration
// minResyncPeriod is the resync period in reflectors; will be random between
// minResyncPeriod and 2*minResyncPeriod.
MinResyncPeriod metav1.Duration
// SafetyOptions is the set of options to set to ensure safety of controller
SafetyOptions SafetyOptions
//NodeCondition is the string of known NodeConditions. If any of these NodeCondition is set for a timeout period, the machine will be declared failed and will replaced.
NodeConditions string
//BootstrapTokenAuthExtraGroups is a comma-separated string of groups to set bootstrap token's "auth-extra-groups" field to.
BootstrapTokenAuthExtraGroups string
}
// SafetyOptions are used to configure the upper-limit and lower-limit
// while configuring freezing of machineSet objects
type SafetyOptions struct {
// Timeout (in durartion) used while creation of
// a machine before it is declared as failed
MachineCreationTimeout metav1.Duration
// Timeout (in durartion) used while health-check of
// a machine before it is declared as failed
MachineHealthTimeout metav1.Duration
// Deprecated. No effect. Timeout (in durartion) used while draining of machine before deletion,
// beyond which it forcefully deletes machine
MachineDrainTimeout metav1.Duration
// Maximum number of times evicts would be attempted on a pod for it is forcibly deleted
// during draining of a machine.
MaxEvictRetries int32
// Timeout (in duration) used while waiting for PV to detach
PvDetachTimeout metav1.Duration
// Timeout (in duration) for which the APIServer can be down before
// declare the machine controller frozen by safety controller
MachineSafetyAPIServerStatusCheckTimeout metav1.Duration
// Period (in durartion) used to poll for orphan VMs
// by safety controller
MachineSafetyOrphanVMsPeriod metav1.Duration
// Period (in duration) used to poll for APIServer's health
// by safety controller
MachineSafetyAPIServerStatusCheckPeriod metav1.Duration
// APIserverInactiveStartTime to keep track of the
// start time of when the APIServers were not reachable
APIserverInactiveStartTime time.Time
// MachineControllerFrozen indicates if the machine controller
// is frozen due to Unreachable APIServers
MachineControllerFrozen bool
}
// LeaderElectionConfiguration defines the configuration of leader election
// clients for components that can run with leader election enabled.
type LeaderElectionConfiguration struct {
// leaderElect enables a leader election client to gain leadership
// before executing the main loop. Enable this when running replicated
// components for high availability.
LeaderElect bool
// leaseDuration is the duration that non-leader candidates will wait
// after observing a leadership renewal until attempting to acquire
// leadership of a led but unrenewed leader slot. This is effectively the
// maximum duration that a leader can be stopped before it is replaced
// by another candidate. This is only applicable if leader election is
// enabled.
LeaseDuration metav1.Duration
// renewDeadline is the interval between attempts by the acting master to
// renew a leadership slot before it stops leading. This must be less
// than or equal to the lease duration. This is only applicable if leader
// election is enabled.
RenewDeadline metav1.Duration
// retryPeriod is the duration the clients should wait between attempting
// acquisition and renewal of a leadership. This is only applicable if
// leader election is enabled.
RetryPeriod metav1.Duration
// resourceLock indicates the resource object type that will be used to lock
// during leader election cycles.
ResourceLock string
}
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Killer in Craven's Soul
It seems like forever since we've heard anything from the MY SOUL TO TAKE (formerly 25/8) camp, the latest horror flick coming from legendary horror director Wes Craven. But no worries, as today we're catching a tiny glimpse at the film's killer, courtesy of MySpace and Empire magazine!
Over at stunt man Manny Siverio's MySpace page is a photo of what appears to be the killer in MY SOUL TO TAKE (that's Siverio on the right with the killer ready to slit his throat). The killer also appears to be Michael Myers in HALLOWEEN 2, or some other form of crazed homeless individual. But is that cool? I think in the context of the movie, yes... yes it is.
As a refresher, MY SOUL TO TAKE goes a bit like this: A serial killer returns to his hometown to stalk seven children who share the same birthday as the date he was allegedly put to rest. Allegedly. But little did they know he was busy being a homeless dude for 15 years, and now he's back and he's pissed off!! Or yeah, maybe he's of the undead variety.
Either way, I'm kind of digging the look of this new killer, no matter how Rob Zombie-ish he looks. Maybe this is the new face in terror? We can only hope. MY SOUL TO TAKE stars Max Thieriot, John Magaro, Paulina Olszynski, Nick Lashaway, and Emily Meade, and is still awaiting a release date. In the meantime, enjoy the look of the new killer!
Extra Tidbit:
Part of me screamed "You've got to be kidding me!!!" when I first saw the killer, but then I warmed up to it, all in the course of about 2 minutes.
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A Feuquières (Oise), les chiens n’ont plus le droit de déranger le voisinage par leurs aboiements. (photo d’illustration). JEAN ERNARD / AGF FOTO / PHOTONONSTOP
Caniche, bouledogue ou berger allemand, à Feuquières, le meilleur ami de l’homme est prié de fermer sa gueule. Dans ce village de l’Oise de 1 500 habitants, les dix-neuf élus du conseil municipal ont voté, mardi 5 février, un arrêté pour mettre fin aux aboiements intempestifs.
C’est une pétition de riverains contre un propriétaire de six à sept chiens qui est à l’origine de ce vote. Lassés par les aboiements, des Feuquièrois ont interpellé le maire pour retrouver un semblant de quiétude. Une mise en demeure pour stopper les nuisances n’a pas suffi à régler le problème de voisinage. Alors pour faire cesser ce que le maire qualifie de « calvaire », il a donc été décidé de prendre une décision administrative. « Dans une commune rurale, il n’y a pas de police municipale pour intervenir et les gendarmes ont autre chose à faire. Donc comme ça fait des mois que ça dure et que les conciliations ont échoué, l’arrêté prendra effet dès ce lundi 11 février », confie au Monde le maire sans étiquette, Jean-Pierre Estienne.
Que dit le document ? Qu’il est interdit, de jour comme de nuit, de laisser un chien dans son enclos sans que son gardien ne puisse à tout moment faire cesser ses aboiements prolongés ou répétés. Et, de jour comme de nuit, le propriétaire doit tenir enfermé à l’intérieur d’un appartement ou d’une maison un chien dont le comportement trouble le repos ou la détente des personnes. Les contrevenants risquent une amende de troisième catégorie en cas de plainte, soit 68 euros.
« Complètement hallucinant »
Jean-Pierre Estienne, assume totalement cette décision : « Cet arrêté n’interdit pas aux chiens d’aboyer, mais il demande aux propriétaires de chiens de faire en sorte que lorsqu’ils aboient, ils ne perturbent pas l’environnement », a-t-il expliqué à l’hebdomadaire local Oise Hebdo. Le premier édile, officier de l’armée de terre à la retraite âgé de 72 ans, rassure les propriétaires de canidés : « Les chiens pourront continuer à aboyer à la campagne. »
Ce qui ne fait pas rire le président de l’association Pour la défense des droits des animaux, Stéphane Lamart : « C’est complètement hallucinant. Autant arrêter les cloches des églises de sonner le dimanche matin ! Les chiens ont une gueule, c’est pour aboyer ! Les gens sont bien contents quand ils donnent l’alerte en cas de cambriolage. »
Ce militant associatif comprend que les aboiements puissent déranger, mais il estime qu’il faut avant tout sensibiliser les gens et faire appel à l’éducation canine. « Je n’ai jamais vu un chien aboyer du matin au soir, insiste Stéphane Lamard. Le pire, c’est que le maire de Feuquières a expliqué qu’il existait des colliers antiaboiements. Sait-il qu’un usage intensif de ces colliers électriques peut brûler les cordes vocales de l’animal ? » Le président de cette association reconnue d’utilité publique a demandé à la mairie la copie de l’arrêté municipal en vue de le contester devant le tribunal administratif.
A la fin de 2017, une autre polémique animale avait agité le village de Feuquières. A la suite de plaintes d’habitants de la résidence Les Tilleuls concernant la prolifération de chats errants, la mairie avait finalement investi dans des cages-pièges pour les capturer et les stériliser. Et, parallèlement, le maire avait proposé un arrêté pour interdire de nourrir les chats errants. « On l’a annulé car il n’était pas réglementaire, avoue le maire. Au nom de la protection des animaux, un chat ne doit pas être affamé. » Mais l’édile ne baisse pas les bras : dans quelques semaines, il va lancer une campagne de stérilisation « pour enrayer la prolifération ».
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It’s no secret that we’re (high-key) obsessed with Congresswoman Alexandria Ocasio-Cortez. Her grassroots political campaign took Capital Hill by storm and showed the world that Democrats—especially young Democrats—are ready and eager for a truly progressive platform on issues like tax reform and the environment. She’s also a social media maven, articulating her points and clapping back at critics in a way that proves she’s a new breed of politician who’s far better at connecting with voters than some of her older and more traditionally minded counterparts. Basically, AOC is shaking up the status quo, and even though she might not nail everything 100% of the time, she’s helped create a much-needed paradigm shift in business-as-usual politics.
And she’s so freaking inspiring that there’s now even a comic book about her.
Image zoom Devils Due Comics
Alexandria Ocasio-Cortez and the Freshman Force is a new comic brought to us by Devil’s Due Comics, an independent publishing company based in Chicago. It’s designed “to celebrate the election of the most diverse group of freshman congresspersons in history” and features comics by various writers and artists. In a statement to HelloGiggles, owner of Devil’s Due, Josh Blaylock, said,
"This has been a passion project from day one, and I think the kick in the butt the new congress is giving to both sides of the aisle is so needed."
He continued, “Personally, I wanted a way to not only entertain, but to to get my own cathartic release and vent some frustrations I think a lot of people share. And when you’re a comic book creator, that means it’s time to make a comic! What’s been overwhelming though is the amazing response from our fantastic, diverse group of contributors. The energy of everyone’s art shows that I’m not alone.”
Image zoom Devil's Due Comics
Image zoom Devil's Due Comics
Meanwhile, Kit Caoagas, assistant editor on the project as well as creative contributor, told HelloGiggles,
"With the new, diverse congress and being a POC and female, I feel inspired, represented (finally), and relieved. I've always had this weird self-consciousness when it came to starting and finishing personal projects or putting my work out there, but every day I can feel this burden slowly being lifted away thanks to these women that have pushed and are gonna keep on pushing!"
Image zoom Devil's Due Comics
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Kunle Ajayi
Kunle Ajayi (June 16, 1964) is a Nigerian gospel singer, songwriter, saxophonist, televangelist and Director of Music at the Redeemed Christian Church of God.
Early life
He was born on June 1964 in Mushin, a local government area of Lagos State, the administrative division of Nigeria, located in the southwestern part of the country.
He attended Mushin local council primary school Idioro for his primary education before he proceeded to Eko Boys High School where he obtained the West Africa School Certificate. After leaving high school he went to Ijanikin where he studied music. Formed a band called 'The Ambassador' with his group of friends and produced his very first album. He later married his wife at The Apostolic Church Idioro, Mushin.
He was ordained as an assistant pastor of the Redeemed Christian Church of God in 1991 and later became a full pastor in 1997 having completed a one-year program at Faith Bible College.
He later studied music at Adeniran Ogunsanya College of Education, ijanikin.
He later proceeded to the Royal College of Music in London where he obtained a certificate in music.
Career
He started playing musical instrument particularly, saxophone in the early 1980s but stopped due Lung-related ailment that almost resulted in the damage of his larynx.
He had contributed significantly to Nigerian gospel over the years and he is currently the Director of Music at the Redeemed Christian Church of God.
In recognition of his immense contributions to gospel music in Nigeria, he was bestowed with the Award of Excellence by the Redeemed Christian Church of God in 2007 and in 2008, he received the "Leadership award in Nigeria music".
To properly account for his success and his incessant pursuit of excellence in the Gospel Music industry, Ajayi on January 21, 2018, celebrated his 30 years on stage with a music concert at the prestigious Eko Hotels and Suites
See also
List of Nigerian gospel musicians
References
Category:Living people
Category:1964 births
Category:Musicians from Lagos State
Category:Nigerian gospel singers
Category:Eko Boys' High School alumni
Category:Yoruba musicians
Category:Yoruba Christian clergy
Category:Alumni of the Royal College of Music
Category:Adeniran Ogunsanya College of Education alumni
Category:Nigerian Christians
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Steal: Air Jordan 1 Nouveau “Black Ice”
If you haven’t scooped up a pair of Jordan Brand’s new “Nouveau” Air Jordan 1 collection, you’re slacking. In fact, the quality on these beauty’s is so superb that they put regular retro 1’s to shame. For those wanting to save a bit of money and not pay full retail, The Air Jordan 1 Nouveau “Black Ice” is definitely a must have for those wanting to pick up a decent colorway with an Icy Sole. Those interested in picking these babies up, You can Buy them Now for Less than Retail with Free Shipping
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Structure elucidation of a purple peptide found during the purification of a recombinant protein from Escherichia coli.
A purple substance (4) partially co-purified with a recombinant human B-type natriuretic peptide (hBNP), following an E. coli fermentation. The structure of the compound was elucidated by NMR, electrospray and FAB mass spectrometry. The chromophore is a 1,4-naphthoquinone condensed with the N-terminal cysteine of a heptapeptide by its NH2- and SH-groups to form a dihydro-thiazine ring. The peptide sequence was determined as Cys-Lys-Val-Leu-Arg-Arg-His by mass spectrometric techniques. CID and data base matching identified it as the C-terminus of the 32-amino-acid recombinant peptide hBNP. This modification of an N-terminal Cys may be a more general phenomenon with implications for the production of heterologous proteins by microorganisms.
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My friend John Marsden passed away in 2010 and his cousin let me have his trains when he was clearing the house. John was working on an 1830s themed layout with a collection of exquisite, and unique, home made trains to run on it.
The layout was to be a large roundy-roundy and progress was slow so he built a diorama (above) to display his trains on in the meantime.
This diorama was centred around an old coaching inn now also serving as a railway ticket office, as was often the case in the early days of public tram roads.
When I took possession of the trains I did a bit of work on the diorama so that it could be used as a module in the Cheshire Railway Modellers’ OO layout (below), though by that time CRM was in decline and the remaining members more interested in On30 so The Bell Inn was never included in an exhibition layout and has spent much of the past five years in my shed.
I have moved it to the garage this afternoon and am contemplating conversion to a self contained end to end layout, the bridge to the left (A) will be retained but the abutments (a) need new brickwork. The track nearer to the front of the baseboard will be cut short in front of the inn (B), making it into a siding, and the rear track will become a single line carrying on beyond the level crossing into a short off stage area.
The crossing (D) will be sandwiched between two cottages predating the railway (C and E) with thick woodland (F) completing the viewblock for the right hand staging area.
Marsdenby will be worked on intermittently, giving me a change from the On30 FCPyF because I like to have a couple of different projects on the go at the same time so that my interests do not concentrate too much on a single layout.
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1. Field of the Invention
Embodiments of the invention generally pertain to the field of microfluidics and, more particularly, to a laminated polymeric microfluidic structure and to a method for making a laminated polymeric microfluidic structure.
2. Description of Related Art
The technology of manipulating minute volumes of biological and chemical fluids is widely referred to as microfluidics. The realized and potential applications of microfluidics include disease diagnosis, life science research, biological and/or chemical sensor development, and others appreciated by those skilled in the art.
A microfluidic structure including a substrate having one or more microfluidic channels or pathways and a cover plate or a second or more substrates with fluid pathways that may or may not be interconnected, may commonly be referred to as a microfluidic chip. Highly integrated microfluidic chips are sometimes called ‘labs on a chip’. Inorganic microfluidic chips having substrates made of glass, quartz or silicon have advantageous organic solvent compatibilities, high thermal and dimensional stability and excellent feature accuracy. These chips are typically fabricated using well-established microfabrication technologies developed for the semiconductor industry. However, the material and production costs of the inorganic chips may become prohibitively high especially when the fluidic pathway(s) requires significant area or the chip has to be disposable. In addition, many established biological assays were developed utilizing the surface properties of polymeric substrates. The research effort required to redevelop these assays on inorganic surfaces would require significant time and resource investments.
As an alternative to inorganic microfluidic structures such as those referred to immediately above, microfluidic structures or devices can also be made from polymeric materials. Polymeric microfluidic structures have advantageous low material costs and the potential for mass production. However, the fabrication of polymeric microfluidic chips presents a variety of challenges. For example, microfluidic chips may contain sealed microstructures. They can be formed by enclosing a substrate having a pre-fabricated fluid pathway or other microfeatures with a thin cover plate, or with one or more additional substrates to form a three-dimensional fluid network. The pathways or other microstructures have typical dimensions in the range of micrometers to millimeters. This multilayer microfluidic structure is integrated, or joined together, by various conventional techniques. These techniques include thermal, ultrasonic and solvent bonding. Unfortunately, these techniques often significantly alter the mated surfaces and yield distorted or completely blocked microfluidic pathways due, for example, to the low dimensional rigidity of polymeric materials under the aforementioned bonding conditions.
The use of adhesive lamination may circumvent some of these potential difficulties by avoiding the use of excessive thermal energy or a strong organic solvent. However, the introduction of an adhesive layer to a wall surface of an enclosed fluid pathway can cause other fabrication and/or application problems. Commercially available adhesives tend to be conforming materials with typical applied thicknesses of 12-100 micrometers. The compressive force required to produce a uniform seal between component layers will often extrude the adhesive into the fluid pathways resulting in microchannel dimensional alteration or obstruction. An additional potential problem with using adhesives is the formation of an adhesive wall within the enclosed microstructure. The presence of this dissimilar material makes uniform surface modification of the microstructure difficult. Furthermore, the manipulation or patterning of an adhesive layer is difficult, limiting the use of the adhesives to uniform continuous sheets or layers between two opposing planer surfaces. This restricts fluidic communication through a network to one planer surface, as the fluid cannot flow through the adhesive layer, preventing the use of a more versatile three-dimensional space.
The use of a strong organic solvent to join two or more discrete plastic parts is a well known practice in the art. In solvent welding, as this process is referred to, lamination solvents work by aggressively penetrating the macromolecular matrix of the polymeric component. This loosens the macromolecule-to-macromolecule bonds, uncoiling or releasing them from their polymer network to generate a softened surface. When two opposing softened surfaces are brought into close proximity, new macromolecular interactions are established. After the solvent evaporates there is a newly formed macromolecular network at the bonded interface with mechanical strength defined by the force of the macromolecular interaction. Exemplary strong organic solvents used for plastic lamination include ketones (acetone, methylethyl ketone or MEK), halogenated hydrocarbons (dichloromethane, chloroform, 1,2-dichloroethane), ether (tetrahydrofurane or THF) or aromatic molecules (xylene, toluene) and others known by those skilled in the art.
The use of the aforementioned strong solvents for bonding microfluidic chips with substrates composed of polystyrene, polycarbonate or acrylic is problematic. All of the solvents known to be used in the field of solvent bonding are “strong” (as defined by their ability to dissolve the polymeric substrate ) organic solvents. That is, these solvents tend to over-soften or dissolve the surface of the substrates during the bonding process. This may damage the microfluidic structure by completely erasing, blocking or destroying the fluid pathways when the substrates are laminated. Acetone, dichloromethane or xylene, for example, begin to dissolve a polystyrene sheet within seconds of application at room temperature. Although it is possible to weaken the solvent strength by mixing the solvent with “inert” solvents such as methanol or ethanol, the resulting bond often does not provide a satisfactory result.
The contemporary patent literature discloses using thermal bonding, thermal-melting adhesive, liquid curable adhesive, and elastomeric adhesive approaches to enclose two opposing microfluidic structure surfaces of the same or different materials. It is suggested that these methods are applicable to the fabrication of microchannels of various shapes and dimensions. It is apparent, however, that these approaches rely on stringent control of the fabrication and process conditions, which may result in unacceptable fabrication throughput and production yield.
Another reported technique suggests that the quality of a thermally laminated polymeric microchannel can be drastically improved if the opposing substrates have different glass transition temperatures. While this approach may provide a way to retain microstructural integrity during thermal bonding, the success rate will rely on precise process control. Consequently, its application to microfluidic chip manufacturing is restricted.
A recent publication describes a method of creating a plurality of relief structures along the length of a microfluidic channel wall, projecting from the opposing surface in the non-functional area of the substrate. Subsequent deposition of a bonding material fills this relief structure, completing the bond. This method allegedly can increase the manufacturing yield of adhesive bonded microfluidic devices. The significant challenge of dispensing the correct volume of bonding material into the relief structures is not addressed. The necessary control of the small volume of bonding material does not lend itself to high production yields.
In view of the foregoing, the inventors have recognized that a simple, reproducible, high yield method for enclosing polymeric microstructures is needed. Such a method would be particularly valuable for the fabrication of microfluidic chips from polystyrene, which is the most widely used material for biochemical, cellular and biological assays, acrylics and polymeric materials. It would also be desirable to have a method for microfluidic chip fabrication that is amenable to both laboratory use and manufacturing environments. Such a method would further be useful if it were applicable to the production of prototype devices, as well as being substantially directly transferable to large-scale production. Microfluidic structures made according to the envisioned methods would also be desirable for their economy and ease of production. Accordingly, embodiments of the invention are directed to microfluidic structures and fabrication methods that address the recognized shortcomings of the current state of technology, and which provide further benefits and advantages as those persons skilled in the art will appreciate.
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Walton warns that it is "almost inevitable" that such suspects would attempt attacks in the UK after returning from Syria, and indeed reports indicate that foreign nationals are being trained in Syria to conduct attacks in the UK.
In response, Britain has been revoking the citizenship of its nationals who join the Syrian civil war, according to reports last week.
Talks are currently underway in Geneva in an attempt to bring a diplomatic solution to the bloody war now in its third year. On Sunday, President Bashar Assad agreed to allow women and children to leave rebel-held areas of Homs, where they have been under siege for months.
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Posts from the “Project Management” Category
Whose fingerprints are on the gun? When an outcome is reached, there is a natural tendency to look for the primary influencer in order to impart blame or direct praise. It’s an interesting exercise considering the complexities of most performance environments and the nuances of human behavior. Sure, focusing on the closest trigger and the freshest fingerprints is an easy start, just recognize those may not tell the full story. *
Seamless change must be enabled change: Whether with physical moves, job rotations, system upgrades, financial changes, or any other transitions that come to mind, we often expect change to come with a flip of a switch or through a series of basic handoffs. Out with the old, in with the new. And have it done by the end of the day. For complex change, transitions require more thought and attention to be seamless. Consider motivation, capacity, capabilities, relationships, interdependencies, scope, sequence, timing, measurement, etc. Paraphrasing David Chase: we can all sit around and decide we want a new normal, but eventually somebody has to do the changing. *
As I look back on 2017, I notice the distinct absence of linearity. Progress comes in fits and starts. Certain decisions and certain moments have bigger impacts, just like certain periods in the stock market dramatically swing investment returns. Challenges and opportunities often arise in unpredictable ways. Like a sprinter in training, long months of unnoticed preparation can lead to a short visible accomplishment. The absence of linearity is exactly why recurring analysis and recurring improvement are so important to advancing in a changing ecosystem, and we all live in one. Let’s all make intentional progress in 2018, even if it’s not linear. “Design does not progress in a straight line. Design grows in response to the same essential forces of breaking down and building up that inform all innovation.” -Esperanza Emily Spalding *
In basic red-yellow-green project status reporting, a watermelon is a project that is reporting its status as green when it is actually red at its core. Green on the outside, red in the middle. It is superficially showing on track when it’s really at risk. What is seen on the outside doesn’t match the reality of the content. On National Watermelon Day, resolve to go below the surface, have substantive conversations, and solve real issues. Let’s go cut into some watermelons. *
You can always get a little more out of people, or so it seems. Stay a little later. Handle it over the weekend. Psychological manipulation du jour. The challenge is two-fold: 1) forcing capacity in a manner that is sustainable, without straining the system or leaving too little slack, and 2) forcing capacity for meaningful reasons, those that have a true impact…not just because we can. *
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Nearly 48 hours after stories first linked the NBA’s Sacramento Kings to Virginia Beach, the notion still does not compute.
A franchise that has endured six consecutive losing seasons and hasn’t won a playoff series in eight years is going to move cross-country to an untested market? Really?
Virginia Beach officials truly believe Hampton Roads – make no mistake, any such franchise would need the entire region’s backing – has the corporate and fan base to sustain such an undertaking? And also believes that we have the infrastructure to transport 15,000-plus people to an oceanfront arena, often at rush hour, 41 times a year? Really?
We should learn much more Tuesday, when officials from entertainment heavyweights Comcast-Spectacor and Live Nation pitch a state-of-the-art arena to the Virginia Beach city council. Mayor Will Sessoms told the Virginian-Pilot on Friday that such a facility would cost between $275 million and $400 million.
The new Barclays Center in Brooklyn, set to house the NBA’s Nets next season, cost about $637 million. So take the low end of Sessoms’ estimate with a boulder of sodium.
At least two of Virginia Beach’s 11 council members have reservations about the burden this project might place on taxpayers.
In an email, Councilman John Moss said Sessoms and City Manager James Spore “prefer the Jedi hand wave -- the details are not important.” But financing details are paramount to Moss.
“I do not support public subsidies in the form of preferential borrowing, rebating of revenues, free land, underpriced land, etc., or other preferential considerations to bring a sports team to Virginia Beach,” Moss wrote in the same email. “It is not the role of government to pick winners and losers in what should be a free market.
“The City does not build or subsidize movie theaters, bowling facilities, pool halls, etc., and rightfully so. The City of Virginia Beach wrongfully already has over $1 billion dollars in public-private partnership investments, and the residents' dividend to date is a monthly trash fee that included a back-door, three- cent real estate tax increase, a recently adopted six-cent real estate tax increase, fees increases and new fees, and an adopted budget that is unsustainable with forecasted revenues next year. We cannot afford anymore of these so called good deals.
“I welcome Comcast or any other entity with open arms to the city, but the taxpayer's wallet is closed. I invite the Mayor and Governor (Bob McDonnell), who are Republicans, to read the Republican Creed and reset their bearings accordingly, and let the free market work.”
Well.
And in remarks to the Virginian-Pilot, Councilman Bill DeSteph echoed Moss.
“If a private investor wants to build an arena and bring in the Los Angeles Lakers, I'm good with it,” DeSteph told the Pilot. “But if they're asking the city to open up their purses to pay for it, we can't afford it. We have a hard enough time paying for police, teacher salaries and road projects.”
As intriguing as those comments are, the most eye-popping to me are from Sessoms, who told the Pilot that Comcast-Spectacor has “guaranteed” city officials a major professional sports team, basketball or hockey, if they build an arena.
In an email, DeSteph confirmed Sessoms’ statement.
“That is correct,” he wrote. “We have been guaranteed a team.”
OK, I get that Comcast-Spectacor, owner of the NHL’s Philadelphia Flyers and the arena they share with the NBA’s 76ers, is a serious power broker. And I know a Comcast subsidiary runs Old Dominion’s Constant Center and that Live Nation operates the Farm Bureau Live Amphitheater in Virginia Beach.
But short of moving its own Flyers here, which ain’t happening, how can Comcast guarantee Virginia Beach a team? And what of the flurry of stories Thursday that identified the Kings as the likely franchise?
“Despite preliminary reports, no specific professional sports team from any league has been identified as the potential tenant for this building,” Comcast spokesman Ike Richman wrote in a statement emailed to media such as the Associated Press.
Even if the Kings’ owners, brothers Joe and Gavin Maloof, are ready to sign the papers and toast the deal at Mahi Mah’s, can anyone guarantee that three-quarters of their fellow NBA owners would approve such an unprecedented move? I think not.
Yes, the Maloofs are fed up with their Sacramento arena, the NBA’s smallest (17,317 capacity). And yes, they’ve flirted with suitors Seattle and Anaheim, Calif.
But those are established, big-league markets. Hampton Roads is anything but, and the proposed arena location, adjacent to the Virginia Beach Convention Center, hardly is central to the region.
An arena, by the way, would take years to construct, leaving the Kings, or any tenant, searching for temporary shelter. Media outlets such as the local ESPN Radio affiliate have mentioned Norfolk Scope and/or the Constant Center as possibilities.
Neither seats 10,000.
So again, none of this computes.
Moreover, Seattle, which lost the SuperSonics to Oklahoma City, is much farther along than Virginia Beach in pursuing a team. Seattle Mayor Mike McGinn met with NBA commissioner David Stern in June, and last month the Metropolitan King County Council approved a $400 million arena proposal.
In his annual news conference prior to the NBA Finals, Stern said he expects the Kings to remain in Sacramento.
“If there was a vote, there would be no support for a move,” he said, “but I -- and I believe the ownership says they are planning to stay.”
Following Tuesday afternoon’s presentation to the Virginia Beach council, Comcast-Spectacor president Peter Luukko and Live Nation president Michael Evans, along with Warren Harris, the city’s director of economic development, are scheduled to meet with media.
They have much to detail.
I can be reached at 247-4636 or by e-mail at dteel@dailypress.com. Follow me at twitter.com/DavidTeelatDP
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The case will now continue, and it's likely that the discovery process will force Twitter to reveal the identity of Abe List. Then again, Twitter has already opposed the move once before, saying that the actions of Woods' lawyers flew in the face of the first amendment, and may look to do so again. It does, however, look as if this anonymous user will be compelled to turn up and argue if they had a basis for making the accusation. Woods, naturally, was pleased that he may yet get his day in court, saying that "Twitter users beware: you are not above the law." Lisa Bloom, who is representing the currently-anonymous defendant, tweeted a statement saying that Abe List looks forward to "presenting the issues to the Court of Appeal."
This is the updated reportage of my victory today in the SLAPP motion. My comments are included in this version. https://t.co/exdvRaXSQB — James Woods (@RealJamesWoods) February 11, 2016
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Development of a regionally sensitive water-productivity indicator to identify sustainable practices for sugarcane growers.
Standards that credibly and effectively certify sustainable commodity production are important to both producers and consumers. Agriculture is the dominant user of water worldwide, so water sustainability in agriculture is an area of particular interest. In conjunction with Bonsucro, a sustainability standard setting body for the sugarcane sector, an indicator was developed to ensure that water consumed in sugarcane cultivation is used productively (i.e., that producers achieve high "crop per drop"). To be easily measurable, sugarcane water productivity was adapted so that yield could be compared within a climate zone in which water demand is assumed to be uniform. The indicator identifies efficient performers, defined as those exceeding median historical yield in each climate zone, with rainfed and irrigated systems evaluated separately. Both the expert-driven and stakeholder-driven aspects of standard development are discussed. We address the advantages and the limitations of this new indicator, its potential application to other crops, and the possibility of improvement to include further criteria. Integr Environ Assess Manag 2016;12:811-820. © 2015 SETAC.
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I've a question.
some time ago i asked because my cadillac stared very hard, but it was a broken ECM, since i got a new one the car runs nearly perfect.
now i've a problem with my idle gas... the car idles too low.
i drew in the screw from the ISC-motor because before the idle gas was much to high.....
now i want to have the correct idle gas, like described in the service manual but i dont know where to connect a tachometer for watching the RPMs of the car. in the book there is only written, that i should connect to the distributor but i dont know where.
then according to the manual i should run the car with 1500RPM and touch the ISC-motor to let it retract, then i should disconnect the ISC and should bridge A and B on the ISC-connector
okay then the ISC-screw should not touch the throttle and then the TPS sensor should have 0.5 volts with about 350RPMs
but thats the problem, without a tachometer i dont know how to do this procedure, and maybe somebody can help me in describing how to install a tachometer.
thanks a lot in advance
adrian
jayoldschool
08-13-07, 09:44 AM
Should be - to ground, + to positive lead on coil.
Adrian12
08-13-07, 05:14 PM
hey thanks for the quick answer..
yeah i know the negative to ground and positive to the connector on the coil, but on my coil there are only written B and an other letter but not "tach" or something else that could be a hint for me to connect it correctly...
i dont know where exactly to connect on the coil thats my problem, and maybe someone did it some time ago and can tell me where to connect it
but thanks a lot
jayoldschool
08-13-07, 05:24 PM
Did a little more Googling for you and found this:
GM HEI
Either go to the TAC terminal on the distributor or to the C- terminal/wire, which is typically a brown wire.
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If you've ever wanted to find a hidden art gem in San Francisco, head to 16th and Moraga to discover The 16th Avenue Tiled Steps. Not only will you be able to see some amazing views of the city, you'll get to appreciate a beautiful mosaic running up 163 steps. Inspired by the world-famous steps in Rio de Janeiro, Irish ceramist Aileen Barr and mosaic artist Colette Crutcher joined forces, working with over 300 community volunteers for over a two and a half year period until they unveiled the project in August 2005.
The names of over 220 sponsors were actually woven into the sweeping sea-to-sky design and, amazingly, over 2,000 handmade tiles and 75,000 fragments of tile, mirror and stained glass went into the finished piece. There were a total of 163 separate mosaic panels created, one for each step riser.
On Yelp, the staircase received 5 out of 5 stars with 93 reviews. Here's how a few Yelpers described the steps:
“The steps paint a picture of the sea flowing into the sky. A colorful twist of water and sea life swirl up the steps to land with flowers, plants, birds, and frogs and ends with a beautiful sky with stars and even a massive sun.” – Alice S.
“Best & prettiest stairs in the city!” – Cara K.
“BEAUTIFUL. I was blown away by the detailing in the mosaics! I could probably spend HOURS here looking at each of the designs on the steps! This is definitely a hidden treasure worth seeking out!” – Kellin H.
Tiled Steps website
Photos via [Landscape Architects], [Tile Steps], [Janet Blake]
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J-A20020-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
J.K. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
J.J.K. :
:
Appellant : No. 539 MDA 2017
Appeal from the Order February 27, 2017
In the Court of Common Pleas of Wyoming County
Civil Division at No(s): 2014-1172
BEFORE: GANTMAN, P.J., PANELLA, J., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY PANELLA, J. FILED SEPTEMBER 26, 2017
J.J.K. (“Father”) appeals from the order entered1 on February 27,
2017, in the Court of Common Pleas of Wyoming County, which denied his
1
Father’s notice of appeal states that he “appeals to … [this Court] … from
the Order entered in this matter on the 24th of February, 2017….” Notice of
Appeal, filed 3/27/17. In its opinion, the trial court asserts Father’s appeal is
untimely. See Trial Court Opinion, 4/7/17, at 1. It is not.
“[N]o order of a court shall be appealable until it has been entered upon the
appropriate docket in the lower court.” Pa.R.A.P. 301(a)(1). The entry of an
order and the specific date of entry is defined in Rule 108(b): “The date of
entry of an order in a matter subject to the Pennsylvania Rules of Civil
Procedure shall be the day on which the clerk makes the notation in the
docket that notice of entry of the order has been given as required by
Pa.R.Civ.P. 236(b).” Pa.R.A.P. 108(b). Rule 236(b) requires that “[t]he
prothonotary shall note in the docket the giving of the notice….” “Thus,
pursuant to the express terms of the rules, an order is not appealable until it
is entered on the docket with the required notation that appropriate notice
has been given.” Frazier v. City of Philadelphia, 735 A.2d 113, 115 (Pa.
1999) (citations omitted). See also G. Ronald Darlington, et al.,
Pennsylvania Appellate Practice § 108:10, Volume 20 (2016-2017 ed.).
“[T]his is a bright-line rule, to be interpreted strictly.” In re L.M., 923 A.2d
505, 509 (Pa. Super. 2007). “The procedural requirements reflected in the
J-A20020-17
petition for contempt and modified the parties’ child custody award. We
affirm in part, vacate in part, and remand.
rules serve to promote clarity, certainty and ease of determination, so that
an appellate court will immediately know whether an appeal was perfected in
a timely manner, thus eliminating the need for a case-by-case factual
determination.” Frazier, 735 A.2d at 115 (citation omitted).
The Court of Common Pleas of Wayne County’s docket entries do not
comply with Rule 236(b). The order at issue was docketed on February 27,
2017. But there is no indication in the docket entries when the Prothonotary
provided notice to the parties. Typed beneath the trial judge’s signature on
the order on the left hand margin of the page are counsels’ names,
presumably as a carbon copy. Somehow, Father received notice of the order.
Our Supreme Court has cautioned, however, that the fact “that the parties
may have received notice of the order does not alter the formal date of its
entry and the associated commencement of the period allowed for appeal for
purposes of the rules.” Id.
As explained above, the appeal period in this case was never formally
triggered. See Frazier; In re: L.M. It would, however, be a waste of
judicial resources to remand this matter now solely for the proper filing and
notation of Rule 236(b) notice. Accordingly, in the interest of judicial
economy, we will regard as done what should have been done and address
this appeal on the merits. See id., at 509 (addressing appeal on merits
where notice of appeal was filed well after entry of the order where the
docket did not show providing of notice).
But we caution the Prothonotary of the Court of Common Pleas of Wayne
County to comply with Rule 236(b). Otherwise, the Prothonotary is docketing
orders without triggering appeal periods. And that is simply unacceptable.
We direct the Honorable Russell D. Shurtleff, P.J., to provide a copy
of this decision to Edward “Ned” Sandercock, Prothonotary of the
Court of Common Pleas of Wayne County.
In any event, assuming for the sake of argument that the order was
properly entered on February 24, 2017, the date the trial court uses,
Father’s notice of appeal would have been timely filed. Thirty days after
February 24, 2017, was Sunday, March 26, 2017. Thus, Father’s notice of
appeal would have been due on Monday, March 27, 2017. See 1 Pa.C.S.A. §
1908 (“Whenever the last day of any such period shall fall on Saturday or
Sunday, . . . such day shall be omitted from the computation.”)
-2-
J-A20020-17
We summarize the relevant factual and procedural history of this
matter as follows. J.K. (“Mother”) commenced the underlying custody
proceedings by filing a complaint in divorce on October 3, 2014, which
included a count requesting legal and primary physical custody of the
parties’ minor children, O.K., a female born in March 2004, and J.K., a male
born in March 2006 (collectively, “the Children”). After several continuances,
the parties appeared before the trial court for a custody conference on March
22, 2016. Following the conference, the court issued an agreed-upon
custody order, awarding shared legal custody of the Children to both parties,
and awarding primary physical custody to Mother. The order awarded Father
partial physical custody on alternating Saturdays from 9:00 a.m. to 9:00
p.m., or from 12:00 p.m. to 9:00 p.m. if Father worked during the preceding
Friday evening. In addition, during the school year, the order awarded
Father partial physical custody one day per week from after school until 7:00
p.m., and every Sunday from after church until 6:00 p.m.
The parties appeared for a second custody conference before the trial
court on November 1, 2016. Following the conference, the trial court entered
an additional order, directing that Father must provide the court with an
updated medical report, as well as a safety and suitability study of his new
residence. The order further directed that, once Father complied with these
requirements, he and Mother could enter into a custody stipulation
modifying the terms of the March 22, 2016 custody order.
-3-
J-A20020-17
On December 12, 2016, Mother filed a petition for special relief, in
which she averred that Father failed to comply with the November 1, 2016
order, in that he had not obtained a safety and suitability study of his
residence. Mother further averred that she and Father had agreed to an
informal modification of the custody schedule, whereby Father’s custody
periods were shortened to five hours per day, and that Father now was
refusing to comply with the informal modification. In response, the trial
court issued an order on December 20, 2016, suspending Father’s partial
physical custody of the Children pending receipt of the safety and suitability
study.
On January 9, 2017, the trial court issued another order indicating it
had received the safety and suitability study of Father’s residence, and
directing the parties to advise the court within ten days whether they were
able to arrive at a custody stipulation. On January 17, 2017, Father filed a
petition for contempt, averring that Mother was preventing him from having
phone contact with the Children, and from exercising his periods of partial
physical custody pursuant to the March 22, 2016 order. On February 1,
2017, Father filed a petition for modification of custody order, averring the
parties had failed to arrive at a custody stipulation.
The parties appeared for another custody conference on February 24,
2017. Following the conference, the trial court issued the order complained
of on appeal in which it denied Father’s petition for contempt and modified
-4-
J-A20020-17
the parties’ custody award. Specifically, the order awarded Father partial
physical custody “on his off weekends” from 8:00 p.m. on Friday until the
start of school on Monday, or until 5:00 p.m. on Monday if there is no
school. The order further directed that Father’s periods of partial physical
custody would begin at 12:00 p.m. on Saturday if Father worked during the
preceding Friday evening. In addition, the order awarded Father partial
physical custody each week on either Wednesday or Thursday, depending on
his work schedule, from 3:00 p.m. until 7:00 p.m. Father timely filed a
notice of appeal on March 27, 2017, along with a concise statement of errors
complained of on appeal.
Father raises three issues for our review. Given our disposition, we
need only address the first issue: “Did the trial court abuse its discretion or
commit an error of law where it appears from a review of the record that
there is no evidence to support the court’s findings?” Father’s Brief, at 4.
We address this issue pursuant to the following standard of review.
In reviewing a custody order, our scope is of the broadest type
and our standard is abuse of discretion. We must accept findings
of the trial court that are supported by competent evidence of
record, as our role does not include making independent factual
determinations. In addition, with regard to issues of credibility
and weight of the evidence, we must defer to the presiding trial
judge who viewed and assessed the witnesses first-hand.
However, we are not bound by the trial court’s deductions or
inferences from its factual findings. Ultimately, the test is
whether the trial court’s conclusions are unreasonable as shown
by the evidence of record. We may reject the conclusions of the
trial court only if they involve an error of law, or are
unreasonable in light of the sustainable findings of the trial
court.
-5-
J-A20020-17
V.B. v. J.E.B., 55 A.3d 1193, 1197 (Pa. Super. 2012) (citations omitted).
“When a trial court orders a form of custody, the best interest of the
child is paramount.” S.W.D. v. S.A.R., 96 A.3d 396, 400 (Pa. Super. 2014)
(citation omitted). The factors to be considered by a court when awarding a
form of custody are set forth at 23 Pa.C.S.A. § 5328(a)(1)-(16).
A trial court must consider each of the § 5328(a) factors when
awarding a form of custody. See id. Similarly, if a court modifies a form of
custody, or is asked to modify a form of custody, the § 5328(a) factors must
be considered.2 See id., at 406. Because custody decisions must be
supported by competent evidence of record, a court may not conduct its
analysis of the § 5328(a) factors absent an evidentiary hearing. See V.B.,
55 A.3d at 1197. However, it is not necessary for a court to consider the §
5328(a) factors, or to conduct an evidentiary hearing, when the record
reveals that the court entered the subject custody order upon agreement by
both parties. See Pa.R.C.P. 1915.7 (“If an agreement for custody is reached
and the parties desire a consent order to be entered, they shall note their
agreement upon the record or shall submit to the court a proposed order
bearing the written consent of the parties or their counsel.”)
2
A trial court need not analyze the § 5328(a) factors if it is not considering a
change to the parties’ form of custody, but merely is considering “a discrete
custody-related issue,” such as “a dispute over a custody-exchange location;
which youth sports the children should play; or whether a parent should be
required to have children’s toys, beds, or other things in his or her house.”
S.W.D., 96 A.3d at 402-403 (footnote omitted).
-6-
J-A20020-17
Here, Father argues that the trial court erred or abused its discretion
by modifying the parties’ custody schedule without conducting an evidentiary
hearing. See Father’s Brief, at 8-13. Father states that no transcript of the
February 24, 2017 custody conference exists. See id., at 6, 11-12.
However, Father contends that his counsel informed the court that the
parties had not reached an agreement as to custody, and that Father wished
to be heard. See id., at 6, 14. Father avers that the court informed his
counsel that it would only be available for an hour that day, and that no
hearing was possible. See id. As a result, Father asserts, he “accepted the
Court granting him immediate physical custody of his children rather than
the alternative of not seeing the children, and waiting two (2) or three (3)
months for hearing at which he could finally present testimony.” Id., at 14.
He had no choice, he claims, but to accept whatever custody time was
offered to him, and that his acceptance should not excuse the lack of
evidentiary support for the court’s findings. See id., at 15-19.
In its opinion, the trial court addressed Father’s claim as follows.
This matter came before this Court for Custody Conference on
February 24, 2017. After meeting in chambers and counsel for
the parties indicating they had reached an agreement, this Court
issued an Order on the record. At no time did counsel for
[Father] object to the Court’s Order. Furthermore, at no time did
counsel for [Father] request that testimony be placed on the
record. [Father] then filed an untimely appeal on March 27, 2017
with the Pennsylvania Superior Court.
Because counsel for [Father] never placed any objection on the
record nor asked for his client to be heard following a custody
conference in chambers during which custody was discussed and
-7-
J-A20020-17
agreed upon, this Court is unaware of the basis for [Father’s]
untimely appeal. Should [Father] desire a modification of this
Court’s February 24, 2017 Order, he should file the appropriate
Petition with this Court.
Trial Court Opinion, 4/7/17, at 1 (section headings omitted).
Despite Father’s claim that no transcript of the February 24, 2017
custody conference exists, the certified record on appeal does, in fact,
contain that transcript.3 We have read the transcript in its entirety.
During the custody conference, the trial court and the parties reached
an agreement regarding Father’s petition for contempt. Specifically, the
parties agreed that Father would withdraw his petition for contempt and
grant Mother possession of the marital residence in their divorce
proceedings, in exchange for Mother withdrawing her Protection From Abuse
(“PFA”) action against Father. See N.T., 2/24/17, at 4-6. The following
discussion then took place.
[By the court:]
Then, we’ll move onto the custody matter. I understand
we were not in agreement with the custody. First of all, the
petition for contempt is being-being [sic] vacated. Is that
correct?
[Counsel for Father:]
3
Curiously, Father included a copy of the February 24, 2017 transcript in his
reproduced record. Unlike the transcript contained in the certified record, the
cover page of the transcript in Father’s reproduced record indicates that the
proceeding took place on December 29, 2016. It is clear the transcript in
question is the transcript of the February 24, 2017 proceeding, because the
court mentions the date several times. See, e.g., Reproduced Record at 26a
(“And now, this 24th day of February, 2017. . . .”)
-8-
J-A20020-17
Yes, that’s part of the consideration, your honor, for the
withdrawal of the extension of the PFA, which means the PFA
would now be dismissed.
[By the court:]
Very good. We’ll do a separate order, which will then cover
the custody. Again, 1172 of 2014, and now this 24 th day of
February, this matter came before the court for petition for
contempt of a custody order. Upon motion of the moving counsel
and concurrence by opposing counsel, it is ordered that said
petition for contempt be and is hereby vacated. It is further
ordered-and we do have a prior custody order in place. Is that
correct?
[Counsel for Mother:]
Correct, your honor, March 22, 2016.
[Counsel for Father:]
Right.
[By the court:]
It is further ordered that this court’s custody ordered [sic]
dated March 22, 2016 shall be amended as follows: . . . .
***
[By the court:]
Alright, we’ll leave it at 8:00 then. [Counsel for Mother],
anything further?
[Counsel for Mother:]
In terms of the custody, your honor, no, I do not believe,
based on our discussion in chambers, and then just the parties
would file for a review should we need to discuss anything
further?
[By the court:]
-9-
J-A20020-17
And that is your right to do that, either party, at any time,
but essentially, what has occurred here is I placed a burden,
counsel, on the two of you. We need to get this divorce moving.
It is-it’s a 2014 case. It’s now 2017. That’s why I’ve got a 60-
day window. Either settle it or we’ll go in front of a master and
let the master decide it, but we need to get it done. It’s
dragging, and by this dragging, it’s unhealthy not only for the
children, but for both parties so we’ll get it moving.
[Counsel for Father:]
Thank you.
[By the court:]
And we’ll note for your clients that there was not
agreement between counsel and that this court has inserted its
own opinion with respect to areas that weren’t in agreement.
[Counsel for Father:]
Thank you, judge.
[Counsel for Mother:]
Thank you, your honor.
Id., at 6-11 (emphasis added).
The transcript reveals that the parties did not reach an agreement
regarding custody during the February 24, 2017 custody conference.
Because the parties did not reach an agreement, the trial court was not
permitted to modify the parties’ custody schedule absent an analysis of the §
5328(a) factors. See S.W.D., 96 A.3d at 406. Further, the court could not
engage in its analysis of the § 5328(a) factors absent an evidentiary
hearing. See V.B., 55 A.3d at 1197. Without a hearing, the court’s findings
- 10 -
J-A20020-17
as to the § 5328(a) factors, and its conclusion as to what custody
arrangement would serve the best interests of the Children, would be mere
conjecture. Accordingly, we agree with Father that the court abused its
discretion by modifying the parties’ custody schedule in its February 27,
2017 order.
For the foregoing reasons, we vacate the portion of the trial court’s
order modifying the parties’ custody schedule, and we remand this matter
for the court to either conduct an evidentiary hearing, or to enter a custody
order that has been agreed upon by both parties. The portion of the order
concerning the contempt petition is affirmed; it was not challenged in this
appeal.
Order affirmed in part and vacated in part. Case remanded for further
proceedings consistent with this memorandum. Jurisdiction relinquished.
President Judge Emeritus Ford Elliott joins the memorandum.
President Judge Gantman concurs in the result.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 9/26/2017
- 11 -
|
{
"pile_set_name": "FreeLaw"
}
|
Kebab shops and restaurants selling deep-fried food have been banned from opening in Verona.
Officials desperate to prevent the 'decorum' of the northern Italian city from disappearing have passed a ruling that also prohibits any new restaurants from selling 'ethnic' food after a rise in Middle Eastern cuisine.
Flavio Tosi, Mayor of Verona, said he hoped the ruling, which was implemented this week, would protect the 'typical culture' of the UNESCO World Heritage site.
Kebab shops and restaurants selling deep-fried food have been banned from opening in Verona, which boasts dozens of ancient buildings (pictured)
'Thanks to this provision there will be no more openings of establishments that sell food prepared in a way that could impact the decorum of our city,' he said, according to Andrea Vogt for The Telegraph.
'This protects not only our historic and architectural patrimony of the city centre but also the tradition of typical culture of the Verona territory.'
But the ruling has been criticised by some who claim it discriminates against immigrants living in Italy.
Verona was founded more than 2,000 years ago and has maintained many ancient monuments and buildings.
Officials desperate to prevent the 'decorum of the city', which includes the Verona Arena (above), disappearing have passed a ruling that also prohibits any new restaurants from selling 'ethnic' food
The city, which is the setting for three Shakespeare plays including Romeo and Juliet, was awarded World Heritage status due to the architecture, which includes a Roman military settlement and the Verona Arena.
The cathedral, which was built in the 12th century, and the Castelvecchio, from the 14th century, are also popular tourist attractions.
Nearly 80 million tourists are thought to visit Italy every year, making an estimated 190 billion euros for the country.
|
{
"pile_set_name": "OpenWebText2"
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|
[Mitochondrial diseases--a new branch of the modern medicine].
The review highlights current aspects of a large group of diseases the main pathogenetic element of which is an inherited or acquired disturbance of gene expression of nuclear or mitochondrial genome encoding mitochondrial proteins. The recent data on mutant genetic loci specific to the most wide spread mitochondrial diseases are considered. The steps of pathogenesis, include the mutations of nuclear or mitochondrial genes, disturbances of mitochondrial protein synthesis, dissipation of proton membrane potential, opening of a permeability transition pore, releasing of procaspases, cytochrome c, and other proapoptotic molecules, and finally chromatin fragmentation and apoptotic cell death. We discuss the possible reasons of polysymptomatic character and different variants of mitochondrial disease manifestations on the basis of the phenomenon of mitochondrial DNA heteroplasmy and metabolic compensation of the genetic defects. Modern biochemical methods of a mitochondrial disease diagnostics: (PCR-amplification, polarographic research of mitochondrial respiration and oxidative phosphorylation, analysis and monitoring of metabolites in biological liquids) are characterized. The basic principles and perspectives of the treatment of mitochondrial diseases, (gene therapy, correction of metabolic disorders, application of antioxidants and neuropeptides) are described.
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{
"pile_set_name": "PubMed Abstracts"
}
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The aim of this project is to clone and characterize the gene for a form of syndromic retinitis pigmentosa (RP), called. Hallervorden-Spatz syndrome (HSS) and characterized by abnormal electroretinogram, lipofuscin accumulation in the retinal pigment epithelium, and pigmentary retinopathy. Other features include dystonia, due to massive iron accumulation in the basal ganglia, and progressive deterioration leading to early death. Though lipid peroxidation is an hypothesized mechanism leading to the HSS phenotype, no knowledge exists of the molecular or biochemical defect in HSS. We have a unique opportunity to map the HSS gene using linkage analysis (homozygosity mapping) in a consanguineous Amish family with multiple affected members. Once the HSS gene has been mapped, we will search for mutations in candidate genes, as well as identify novel transcribed sequences that may contain the HSS gene. We will then characterize the gene and its protein product through homology studies to known sequences. Knowledge of the molecular basis of this disease will lead to a better understanding of the pathophysiologic process causing its pleiotropic effects. Understanding the etiology of a rare disease will often illuminate the mechanism at work in common, related diseases. Furthermore, by studying syndromic RP, we can use information about all of the syndrome manifestations (e.g. patterns of tissue expression, common metabolic or developmental pathways) to theorize a disease mechanism. Inference of a pathophysiologic process from a defective gene has proved frustrating for the forms of RP that are due to mutation in retina-specific genes. The HSS gene is not retina-specific, and a defect in it must account for rod photoreceptor degeneration as well as regional brain iron accumulation. Once the HSS gene is cloned and characterized, the other pathologic changes may provide a context for understanding the mechanism of pigmentary retinopathy. Since defects in this non-retina-specific process may cause other forms of syndromic and isolated RP and may be integral in disorders of lipofuscin accumulation, including aging macular degeneration, identification of the HSS gene may lead to greater understanding of RP as well as the macular dystrophies associated with sene ence. The HSS project forms the research core of Dr. Hayflick's training to become an independent biomedical investigator. Dr. Michael Litt, internationally recognized in the field of genetics, will he her primary sponsor with Dr. Richard Weleber, accomplished in the study of hereditary retinal diseases, as secondary sponsor. Unique strengths of her training program include a period of intense study in the Visiting Investigator Program through the National Center for Human Genome Research, which will provide her with expertise that will complement but not duplicate existing University research strengths, and the Oregon Health Sciences University and Department of Molecular and Medical Genetics research environments, which effectively foster collaboration with a diverse group of outstanding investigators.
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{
"pile_set_name": "NIH ExPorter"
}
|
Amelioration of oxygen-induced osteoporosis in the in vitro fetal rat tibia with a capacitively coupled electrical field.
Near-term fetal rat tibiae were grown in M.E.M. Eagle/NCTC 135/15% newborn calf serum in 5% carbon dioxide and 5, 10, 21, 35, 60, and 90% oxygen for 3, 7, 10, and 14 days. Linear growth of the explants, as measured from macrophotographs of the explants at day zero and each of the days above, was greatest in the lower oxygen concentrations and least in the higher oxygen concentrations. Breaking strengths of the tibial diaphyses were significantly reduced in those explants grown in 60 and 90% oxygen. When the fetal rat tibiae were grown in 60% oxygen for 7 days and were subjected to a capacitively coupled electrical signal (sine wave, 60 kHz, 10 V peak-to-peak output signal; current density and field in the culture dish calculated to be 5.2 microA/cm2 and 0.32 mV/cm, respectively), the breaking strengths and middiaphyseal widths were statistically significantly greater than control tibiae grown in 60% oxygen alone. It is concluded that an appropriate capacitively coupled electrical field can inhibit an oxygen-induced osteoporosis in an in vitro mammalian long bone model.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
A missão que o presidente eleito Jair Bolsonaro deu para o seu futuro ministro das Relações Exteriores foi “simples”: varrer os petistas do Itamaraty.
O diplomata de carreira Ernesto Araújo conquistou a confiança de Jair Bolsonaro como intelectual chegado aos clássicos, contrário ao globalismo, pró-Ocidente e fascinado pela agenda do presidente norte-americano Donald Trump.
Em artigo no Estadão, a jornalista Eliane Cantanhêde afirmou:
A principal recomendação do futuro presidente ao seu chanceler é eliminar vestígios, programas e diplomatas da Era PT, particularmente aqueles ligados a Celso Amorim. ‘Fazer uma limpeza, mudar tudo’, resume-se na equipe de Bolsonaro (…). No Itamaraty, o clima é de apreensão. Na área militar, de comemoração. Num, o temor de uma caça às bruxas e um novo viés ideológico às avessas. Na outra, a certeza de que o PT será varrido e a política externa voltará à sua tradição de pragmatismo e respeito aos interesses nacionais. Bolsonaro demorou a anunciar Araújo porque testou uma extensa lista de candidatos ao Itamaraty e, além de serem bombardeados, não fariam dobradinha dos sonhos: presidente e chanceler anti-PT e pró-Trump com a mesma intensidade. Isso diz tudo da política externa na nova era.
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{
"pile_set_name": "OpenWebText2"
}
|
[A case of acute respiratory distress syndrome (ARDS) caused by splenic infarction].
Acute respiratory distress syndrome (ARDS) is the most severe lung injury caused by many pathologic states. We treated a patient who suffered from ARDS caused by splenic infarction. A 75-year-old patient had a gastric cancer with multiple lung and liver metastasis. During anti-cancer therapy, she developed a high fever (above 39 degrees C) and a chest and an abdominal CT scan revealed splenic infarction. Hypoxia progressed gradually and she was transferred to ICU with tracheal intubation. Mechanical ventilation was performed according to open lung strategy, but she did not recover. On ICU day 3, the bilateral infiltration shadow on her chest X-ray was pointed out, and she had a low central venous pressure. We diagnosed her ARDS. The administration of methylprednisolone was started according to Meduri's report. Hypoxia was improved gradually and on ICU day 7, she was weaned from mechanical ventilation, and extubated. On ICU day 8, she was returned to her ward without ventilatory support.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
Frank Kern - Inner Circle | 98 GB
https://frankkern.com/kern-inner-circle/
Link Download
Frank Kern’s Inner CircleYour official membership portal for all of our Facebook Friday, Tech Tuesday and Bi-weekly call recordings. Also bonus content and Mindset Mondays with Frank Kern!{%1%}As well as a bonus index with descriptions, event information, and more!!!Frank Kern is a seriously successful business guy because he is mad talented in marketing. He’s using principles of sales that have worked for a long time but applied to the modern era of internet marketing.Some of the key things you learned inside the Inner Circle are:1.) Frank’s interesting way to compound the power of any offer, he’s calling it the Close-Stacking. Those that follow Frank may recognize what this might be, how he reveals things at the end of the sale to make his offers almost irresistible.2.) The Ultimate Offer Formula which is the “Pitch anything to anyone” formula. Frank is definitely great at pitching.3.) The 6 steps to go big online (magic steps)4.) Power Positioning: Establishing yourself as trustworthy, credible premiere brand online (become an author)You also get some courses about mindset.All of this delivered to you as your initial training, to be part of the inner circle there are few different price points of $500, $750, or $1000 per month.These are very good quality training by Frank.I love the interview he did with Karl, whom he helped scale his coaching business right above $5 million.He’s someone that knows what he’s doing in internet marketing if you’ve been part of any of his email marketing or went through any of his funnels, you would see that he knows how to maximize traffic by implementing various things that incorporate the 4 principles above.Such as including a webinar in his funnel sequence to increase credibility & authority. Or how Frank uses certain copy to boaster his click-through rates.He goes deep into the psychology of why his sales tactics work time & time again.These are skills that can be applied in any & all industries.I’m a big fan of sales mentors like Grant Cardone & Jordan Belfort, Frank Kern is of that caliber but with all the bells and whistles of the modern era. How to apply sales strategies effectively to the modern day of funnels & email marketing.The inner circle gives you an opportunity to be in the know with the marketing Giant Frank Kern.HOmepage:The content is divided into 14 folders. I’ve archived them separately so you have the option to download only those folders you are interested.Extract files with WinRar 5 or Latest !
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{
"pile_set_name": "OpenWebText2"
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Psychosocial factors and medication adherence in HIV-positive youth.
The purpose of this study was to test variables consistently identified in the adult HIV literature as predictors of adherence (self-efficacy, social support, and psychological distress) in a sample of 24 HIV-positive youth (ages 16-24). Self-efficacy and psychological distress were significantly correlated with adherence but social support was not. Social support specific to taking medications was correlated with self-efficacy. In regression analysis, both self-efficacy and psychological distress were independently related to adherence and together accounted for 47% of the variance. Results suggest the potential of mental health interventions that boost self-efficacy and reduce psychological distress but require replication with larger samples.
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{
"pile_set_name": "PubMed Abstracts"
}
|
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["8141","갂갃갅갆갋",4,"갘갞갟갡갢갣갥",6,"갮갲갳갴"],
["8161","갵갶갷갺갻갽갾갿걁",9,"걌걎",5,"걕"],
["8181","걖걗걙걚걛걝",18,"걲걳걵걶걹걻",4,"겂겇겈겍겎겏겑겒겓겕",6,"겞겢",5,"겫겭겮겱",6,"겺겾겿곀곂곃곅곆곇곉곊곋곍",7,"곖곘",7,"곢곣곥곦곩곫곭곮곲곴곷",4,"곾곿괁괂괃괅괇",4,"괎괐괒괓"],
["8241","괔괕괖괗괙괚괛괝괞괟괡",7,"괪괫괮",5],
["8261","괶괷괹괺괻괽",6,"굆굈굊",5,"굑굒굓굕굖굗"],
["8281","굙",7,"굢굤",7,"굮굯굱굲굷굸굹굺굾궀궃",4,"궊궋궍궎궏궑",10,"궞",5,"궥",17,"궸",7,"귂귃귅귆귇귉",6,"귒귔",7,"귝귞귟귡귢귣귥",18],
["8341","귺귻귽귾긂",5,"긊긌긎",5,"긕",7],
["8361","긝",18,"긲긳긵긶긹긻긼"],
["8381","긽긾긿깂깄깇깈깉깋깏깑깒깓깕깗",4,"깞깢깣깤깦깧깪깫깭깮깯깱",6,"깺깾",5,"꺆",5,"꺍",46,"꺿껁껂껃껅",6,"껎껒",5,"껚껛껝",8],
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["8541","꾿꿁",5,"꿊꿌꿏",4,"꿕",6,"꿝",4],
["8561","꿢",5,"꿪",5,"꿲꿳꿵꿶꿷꿹",6,"뀂뀃"],
["8581","뀅",6,"뀍뀎뀏뀑뀒뀓뀕",6,"뀞",9,"뀩",26,"끆끇끉끋끍끏끐끑끒끖끘끚끛끜끞",29,"끾끿낁낂낃낅",6,"낎낐낒",5,"낛낝낞낣낤"],
["8641","낥낦낧낪낰낲낶낷낹낺낻낽",6,"냆냊",5,"냒"],
["8661","냓냕냖냗냙",6,"냡냢냣냤냦",10],
["8681","냱",22,"넊넍넎넏넑넔넕넖넗넚넞",4,"넦넧넩넪넫넭",6,"넶넺",5,"녂녃녅녆녇녉",6,"녒녓녖녗녙녚녛녝녞녟녡",22,"녺녻녽녾녿놁놃",4,"놊놌놎놏놐놑놕놖놗놙놚놛놝"],
["8741","놞",9,"놩",15],
["8761","놹",18,"뇍뇎뇏뇑뇒뇓뇕"],
["8781","뇖",5,"뇞뇠",7,"뇪뇫뇭뇮뇯뇱",7,"뇺뇼뇾",5,"눆눇눉눊눍",6,"눖눘눚",5,"눡",18,"눵",6,"눽",26,"뉙뉚뉛뉝뉞뉟뉡",6,"뉪",4],
["8841","뉯",4,"뉶",5,"뉽",6,"늆늇늈늊",4],
["8861","늏늒늓늕늖늗늛",4,"늢늤늧늨늩늫늭늮늯늱늲늳늵늶늷"],
["8881","늸",15,"닊닋닍닎닏닑닓",4,"닚닜닞닟닠닡닣닧닩닪닰닱닲닶닼닽닾댂댃댅댆댇댉",6,"댒댖",5,"댝",54,"덗덙덚덝덠덡덢덣"],
["8941","덦덨덪덬덭덯덲덳덵덶덷덹",6,"뎂뎆",5,"뎍"],
["8961","뎎뎏뎑뎒뎓뎕",10,"뎢",5,"뎩뎪뎫뎭"],
["8981","뎮",21,"돆돇돉돊돍돏돑돒돓돖돘돚돜돞돟돡돢돣돥돦돧돩",18,"돽",18,"됑",6,"됙됚됛됝됞됟됡",6,"됪됬",7,"됵",15],
["8a41","둅",10,"둒둓둕둖둗둙",6,"둢둤둦"],
["8a61","둧",4,"둭",18,"뒁뒂"],
["8a81","뒃",4,"뒉",19,"뒞",5,"뒥뒦뒧뒩뒪뒫뒭",7,"뒶뒸뒺",5,"듁듂듃듅듆듇듉",6,"듑듒듓듔듖",5,"듞듟듡듢듥듧",4,"듮듰듲",5,"듹",26,"딖딗딙딚딝"],
["8b41","딞",5,"딦딫",4,"딲딳딵딶딷딹",6,"땂땆"],
["8b61","땇땈땉땊땎땏땑땒땓땕",6,"땞땢",8],
["8b81","땫",52,"떢떣떥떦떧떩떬떭떮떯떲떶",4,"떾떿뗁뗂뗃뗅",6,"뗎뗒",5,"뗙",18,"뗭",18],
["8c41","똀",15,"똒똓똕똖똗똙",4],
["8c61","똞",6,"똦",5,"똭",6,"똵",5],
["8c81","똻",12,"뙉",26,"뙥뙦뙧뙩",50,"뚞뚟뚡뚢뚣뚥",5,"뚭뚮뚯뚰뚲",16],
["8d41","뛃",16,"뛕",8],
["8d61","뛞",17,"뛱뛲뛳뛵뛶뛷뛹뛺"],
["8d81","뛻",4,"뜂뜃뜄뜆",33,"뜪뜫뜭뜮뜱",6,"뜺뜼",7,"띅띆띇띉띊띋띍",6,"띖",9,"띡띢띣띥띦띧띩",6,"띲띴띶",5,"띾띿랁랂랃랅",6,"랎랓랔랕랚랛랝랞"],
["8e41","랟랡",6,"랪랮",5,"랶랷랹",8],
["8e61","럂",4,"럈럊",19],
["8e81","럞",13,"럮럯럱럲럳럵",6,"럾렂",4,"렊렋렍렎렏렑",6,"렚렜렞",5,"렦렧렩렪렫렭",6,"렶렺",5,"롁롂롃롅",11,"롒롔",7,"롞롟롡롢롣롥",6,"롮롰롲",5,"롹롺롻롽",7],
["8f41","뢅",7,"뢎",17],
["8f61","뢠",7,"뢩",6,"뢱뢲뢳뢵뢶뢷뢹",4],
["8f81","뢾뢿룂룄룆",5,"룍룎룏룑룒룓룕",7,"룞룠룢",5,"룪룫룭룮룯룱",6,"룺룼룾",5,"뤅",18,"뤙",6,"뤡",26,"뤾뤿륁륂륃륅",6,"륍륎륐륒",5],
["9041","륚륛륝륞륟륡",6,"륪륬륮",5,"륶륷륹륺륻륽"],
["9061","륾",5,"릆릈릋릌릏",15],
["9081","릟",12,"릮릯릱릲릳릵",6,"릾맀맂",5,"맊맋맍맓",4,"맚맜맟맠맢맦맧맩맪맫맭",6,"맶맻",4,"먂",5,"먉",11,"먖",33,"먺먻먽먾먿멁멃멄멅멆"],
["9141","멇멊멌멏멐멑멒멖멗멙멚멛멝",6,"멦멪",5],
["9161","멲멳멵멶멷멹",9,"몆몈몉몊몋몍",5],
["9181","몓",20,"몪몭몮몯몱몳",4,"몺몼몾",5,"뫅뫆뫇뫉",14,"뫚",33,"뫽뫾뫿묁묂묃묅",7,"묎묐묒",5,"묙묚묛묝묞묟묡",6],
["9241","묨묪묬",7,"묷묹묺묿",4,"뭆뭈뭊뭋뭌뭎뭑뭒"],
["9261","뭓뭕뭖뭗뭙",7,"뭢뭤",7,"뭭",4],
["9281","뭲",21,"뮉뮊뮋뮍뮎뮏뮑",18,"뮥뮦뮧뮩뮪뮫뮭",6,"뮵뮶뮸",7,"믁믂믃믅믆믇믉",6,"믑믒믔",35,"믺믻믽믾밁"],
["9341","밃",4,"밊밎밐밒밓밙밚밠밡밢밣밦밨밪밫밬밮밯밲밳밵"],
["9361","밶밷밹",6,"뱂뱆뱇뱈뱊뱋뱎뱏뱑",8],
["9381","뱚뱛뱜뱞",37,"벆벇벉벊벍벏",4,"벖벘벛",4,"벢벣벥벦벩",6,"벲벶",5,"벾벿볁볂볃볅",7,"볎볒볓볔볖볗볙볚볛볝",22,"볷볹볺볻볽"],
["9441","볾",5,"봆봈봊",5,"봑봒봓봕",8],
["9461","봞",5,"봥",6,"봭",12],
["9481","봺",5,"뵁",6,"뵊뵋뵍뵎뵏뵑",6,"뵚",9,"뵥뵦뵧뵩",22,"붂붃붅붆붋",4,"붒붔붖붗붘붛붝",6,"붥",10,"붱",6,"붹",24],
["9541","뷒뷓뷖뷗뷙뷚뷛뷝",11,"뷪",5,"뷱"],
["9561","뷲뷳뷵뷶뷷뷹",6,"븁븂븄븆",5,"븎븏븑븒븓"],
["9581","븕",6,"븞븠",35,"빆빇빉빊빋빍빏",4,"빖빘빜빝빞빟빢빣빥빦빧빩빫",4,"빲빶",4,"빾빿뺁뺂뺃뺅",6,"뺎뺒",5,"뺚",13,"뺩",14],
["9641","뺸",23,"뻒뻓"],
["9661","뻕뻖뻙",6,"뻡뻢뻦",5,"뻭",8],
["9681","뻶",10,"뼂",5,"뼊",13,"뼚뼞",33,"뽂뽃뽅뽆뽇뽉",6,"뽒뽓뽔뽖",44],
["9741","뾃",16,"뾕",8],
["9761","뾞",17,"뾱",7],
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["b941","툪툫툮툯툱툲툳툵",6,"툾퉀퉂",5,"퉉퉊퉋퉌"],
["b961","퉍",14,"퉝",6,"퉥퉦퉧퉨"],
["b981","퉩",22,"튂튃튅튆튇튉튊튋튌묀묄묍묏묑묘묜묠묩묫무묵묶문묻물묽묾뭄뭅뭇뭉뭍뭏뭐뭔뭘뭡뭣뭬뮈뮌뮐뮤뮨뮬뮴뮷므믄믈믐믓미믹민믿밀밂밈밉밋밌밍및밑바",4,"받",4,"밤밥밧방밭배백밴밸뱀뱁뱃뱄뱅뱉뱌뱍뱐뱝버벅번벋벌벎범법벗"],
["ba41","튍튎튏튒튓튔튖",5,"튝튞튟튡튢튣튥",6,"튭"],
["ba61","튮튯튰튲",5,"튺튻튽튾틁틃",4,"틊틌",5],
["ba81","틒틓틕틖틗틙틚틛틝",6,"틦",9,"틲틳틵틶틷틹틺벙벚베벡벤벧벨벰벱벳벴벵벼벽변별볍볏볐병볕볘볜보복볶본볼봄봅봇봉봐봔봤봬뵀뵈뵉뵌뵐뵘뵙뵤뵨부북분붇불붉붊붐붑붓붕붙붚붜붤붰붸뷔뷕뷘뷜뷩뷰뷴뷸븀븃븅브븍븐블븜븝븟비빅빈빌빎빔빕빗빙빚빛빠빡빤"],
["bb41","틻",4,"팂팄팆",5,"팏팑팒팓팕팗",4,"팞팢팣"],
["bb61","팤팦팧팪팫팭팮팯팱",6,"팺팾",5,"퍆퍇퍈퍉"],
["bb81","퍊",31,"빨빪빰빱빳빴빵빻빼빽뺀뺄뺌뺍뺏뺐뺑뺘뺙뺨뻐뻑뻔뻗뻘뻠뻣뻤뻥뻬뼁뼈뼉뼘뼙뼛뼜뼝뽀뽁뽄뽈뽐뽑뽕뾔뾰뿅뿌뿍뿐뿔뿜뿟뿡쀼쁑쁘쁜쁠쁨쁩삐삑삔삘삠삡삣삥사삭삯산삳살삵삶삼삽삿샀상샅새색샌샐샘샙샛샜생샤"],
["bc41","퍪",17,"퍾퍿펁펂펃펅펆펇"],
["bc61","펈펉펊펋펎펒",5,"펚펛펝펞펟펡",6,"펪펬펮"],
["bc81","펯",4,"펵펶펷펹펺펻펽",6,"폆폇폊",5,"폑",5,"샥샨샬샴샵샷샹섀섄섈섐섕서",4,"섣설섦섧섬섭섯섰성섶세섹센셀셈셉셋셌셍셔셕션셜셤셥셧셨셩셰셴셸솅소속솎손솔솖솜솝솟송솥솨솩솬솰솽쇄쇈쇌쇔쇗쇘쇠쇤쇨쇰쇱쇳쇼쇽숀숄숌숍숏숑수숙순숟술숨숩숫숭"],
["bd41","폗폙",7,"폢폤",7,"폮폯폱폲폳폵폶폷"],
["bd61","폸폹폺폻폾퐀퐂",5,"퐉",13],
["bd81","퐗",5,"퐞",25,"숯숱숲숴쉈쉐쉑쉔쉘쉠쉥쉬쉭쉰쉴쉼쉽쉿슁슈슉슐슘슛슝스슥슨슬슭슴습슷승시식신싣실싫심십싯싱싶싸싹싻싼쌀쌈쌉쌌쌍쌓쌔쌕쌘쌜쌤쌥쌨쌩썅써썩썬썰썲썸썹썼썽쎄쎈쎌쏀쏘쏙쏜쏟쏠쏢쏨쏩쏭쏴쏵쏸쐈쐐쐤쐬쐰"],
["be41","퐸",7,"푁푂푃푅",14],
["be61","푔",7,"푝푞푟푡푢푣푥",7,"푮푰푱푲"],
["be81","푳",4,"푺푻푽푾풁풃",4,"풊풌풎",5,"풕",8,"쐴쐼쐽쑈쑤쑥쑨쑬쑴쑵쑹쒀쒔쒜쒸쒼쓩쓰쓱쓴쓸쓺쓿씀씁씌씐씔씜씨씩씬씰씸씹씻씽아악안앉않알앍앎앓암압앗았앙앝앞애액앤앨앰앱앳앴앵야약얀얄얇얌얍얏양얕얗얘얜얠얩어억언얹얻얼얽얾엄",6,"엌엎"],
["bf41","풞",10,"풪",14],
["bf61","풹",18,"퓍퓎퓏퓑퓒퓓퓕"],
["bf81","퓖",5,"퓝퓞퓠",7,"퓩퓪퓫퓭퓮퓯퓱",6,"퓹퓺퓼에엑엔엘엠엡엣엥여역엮연열엶엷염",5,"옅옆옇예옌옐옘옙옛옜오옥온올옭옮옰옳옴옵옷옹옻와왁완왈왐왑왓왔왕왜왝왠왬왯왱외왹왼욀욈욉욋욍요욕욘욜욤욥욧용우욱운울욹욺움웁웃웅워웍원월웜웝웠웡웨"],
["c041","퓾",5,"픅픆픇픉픊픋픍",6,"픖픘",5],
["c061","픞",25],
["c081","픸픹픺픻픾픿핁핂핃핅",6,"핎핐핒",5,"핚핛핝핞핟핡핢핣웩웬웰웸웹웽위윅윈윌윔윕윗윙유육윤율윰윱윳융윷으윽은을읊음읍읏응",7,"읜읠읨읫이익인일읽읾잃임입잇있잉잊잎자작잔잖잗잘잚잠잡잣잤장잦재잭잰잴잼잽잿쟀쟁쟈쟉쟌쟎쟐쟘쟝쟤쟨쟬저적전절젊"],
["c141","핤핦핧핪핬핮",5,"핶핷핹핺핻핽",6,"햆햊햋"],
["c161","햌햍햎햏햑",19,"햦햧"],
["c181","햨",31,"점접젓정젖제젝젠젤젬젭젯젱져젼졀졈졉졌졍졔조족존졸졺좀좁좃종좆좇좋좌좍좔좝좟좡좨좼좽죄죈죌죔죕죗죙죠죡죤죵주죽준줄줅줆줌줍줏중줘줬줴쥐쥑쥔쥘쥠쥡쥣쥬쥰쥴쥼즈즉즌즐즘즙즛증지직진짇질짊짐집짓"],
["c241","헊헋헍헎헏헑헓",4,"헚헜헞",5,"헦헧헩헪헫헭헮"],
["c261","헯",4,"헶헸헺",5,"혂혃혅혆혇혉",6,"혒"],
["c281","혖",5,"혝혞혟혡혢혣혥",7,"혮",9,"혺혻징짖짙짚짜짝짠짢짤짧짬짭짯짰짱째짹짼쨀쨈쨉쨋쨌쨍쨔쨘쨩쩌쩍쩐쩔쩜쩝쩟쩠쩡쩨쩽쪄쪘쪼쪽쫀쫄쫌쫍쫏쫑쫓쫘쫙쫠쫬쫴쬈쬐쬔쬘쬠쬡쭁쭈쭉쭌쭐쭘쭙쭝쭤쭸쭹쮜쮸쯔쯤쯧쯩찌찍찐찔찜찝찡찢찧차착찬찮찰참찹찻"],
["c341","혽혾혿홁홂홃홄홆홇홊홌홎홏홐홒홓홖홗홙홚홛홝",4],
["c361","홢",4,"홨홪",5,"홲홳홵",11],
["c381","횁횂횄횆",5,"횎횏횑횒횓횕",7,"횞횠횢",5,"횩횪찼창찾채책챈챌챔챕챗챘챙챠챤챦챨챰챵처척천철첨첩첫첬청체첵첸첼쳄쳅쳇쳉쳐쳔쳤쳬쳰촁초촉촌촐촘촙촛총촤촨촬촹최쵠쵤쵬쵭쵯쵱쵸춈추축춘출춤춥춧충춰췄췌췐취췬췰췸췹췻췽츄츈츌츔츙츠측츤츨츰츱츳층"],
["c441","횫횭횮횯횱",7,"횺횼",7,"훆훇훉훊훋"],
["c461","훍훎훏훐훒훓훕훖훘훚",5,"훡훢훣훥훦훧훩",4],
["c481","훮훯훱훲훳훴훶",5,"훾훿휁휂휃휅",11,"휒휓휔치칙친칟칠칡침칩칫칭카칵칸칼캄캅캇캉캐캑캔캘캠캡캣캤캥캬캭컁커컥컨컫컬컴컵컷컸컹케켁켄켈켐켑켓켕켜켠켤켬켭켯켰켱켸코콕콘콜콤콥콧콩콰콱콴콸쾀쾅쾌쾡쾨쾰쿄쿠쿡쿤쿨쿰쿱쿳쿵쿼퀀퀄퀑퀘퀭퀴퀵퀸퀼"],
["c541","휕휖휗휚휛휝휞휟휡",6,"휪휬휮",5,"휶휷휹"],
["c561","휺휻휽",6,"흅흆흈흊",5,"흒흓흕흚",4],
["c581","흟흢흤흦흧흨흪흫흭흮흯흱흲흳흵",6,"흾흿힀힂",5,"힊힋큄큅큇큉큐큔큘큠크큭큰클큼큽킁키킥킨킬킴킵킷킹타탁탄탈탉탐탑탓탔탕태택탠탤탬탭탯탰탱탸턍터턱턴털턺텀텁텃텄텅테텍텐텔템텝텟텡텨텬텼톄톈토톡톤톨톰톱톳통톺톼퇀퇘퇴퇸툇툉툐투툭툰툴툼툽툿퉁퉈퉜"],
["c641","힍힎힏힑",6,"힚힜힞",5],
["c6a1","퉤튀튁튄튈튐튑튕튜튠튤튬튱트특튼튿틀틂틈틉틋틔틘틜틤틥티틱틴틸팀팁팃팅파팍팎판팔팖팜팝팟팠팡팥패팩팬팰팸팹팻팼팽퍄퍅퍼퍽펀펄펌펍펏펐펑페펙펜펠펨펩펫펭펴편펼폄폅폈평폐폘폡폣포폭폰폴폼폽폿퐁"],
["c7a1","퐈퐝푀푄표푠푤푭푯푸푹푼푿풀풂품풉풋풍풔풩퓌퓐퓔퓜퓟퓨퓬퓰퓸퓻퓽프픈플픔픕픗피픽핀필핌핍핏핑하학한할핥함합핫항해핵핸핼햄햅햇했행햐향허헉헌헐헒험헙헛헝헤헥헨헬헴헵헷헹혀혁현혈혐협혓혔형혜혠"],
["c8a1","혤혭호혹혼홀홅홈홉홋홍홑화확환활홧황홰홱홴횃횅회획횐횔횝횟횡효횬횰횹횻후훅훈훌훑훔훗훙훠훤훨훰훵훼훽휀휄휑휘휙휜휠휨휩휫휭휴휵휸휼흄흇흉흐흑흔흖흗흘흙흠흡흣흥흩희흰흴흼흽힁히힉힌힐힘힙힛힝"],
["caa1","伽佳假價加可呵哥嘉嫁家暇架枷柯歌珂痂稼苛茄街袈訶賈跏軻迦駕刻却各恪慤殼珏脚覺角閣侃刊墾奸姦干幹懇揀杆柬桿澗癎看磵稈竿簡肝艮艱諫間乫喝曷渴碣竭葛褐蝎鞨勘坎堪嵌感憾戡敢柑橄減甘疳監瞰紺邯鑑鑒龕"],
["cba1","匣岬甲胛鉀閘剛堈姜岡崗康强彊慷江畺疆糠絳綱羌腔舡薑襁講鋼降鱇介价個凱塏愷愾慨改槪漑疥皆盖箇芥蓋豈鎧開喀客坑更粳羹醵倨去居巨拒据據擧渠炬祛距踞車遽鉅鋸乾件健巾建愆楗腱虔蹇鍵騫乞傑杰桀儉劍劒檢"],
["cca1","瞼鈐黔劫怯迲偈憩揭擊格檄激膈覡隔堅牽犬甄絹繭肩見譴遣鵑抉決潔結缺訣兼慊箝謙鉗鎌京俓倞傾儆勁勍卿坰境庚徑慶憬擎敬景暻更梗涇炅烱璟璥瓊痙硬磬竟競絅經耕耿脛莖警輕逕鏡頃頸驚鯨係啓堺契季屆悸戒桂械"],
["cda1","棨溪界癸磎稽系繫繼計誡谿階鷄古叩告呱固姑孤尻庫拷攷故敲暠枯槁沽痼皐睾稿羔考股膏苦苽菰藁蠱袴誥賈辜錮雇顧高鼓哭斛曲梏穀谷鵠困坤崑昆梱棍滾琨袞鯤汨滑骨供公共功孔工恐恭拱控攻珙空蚣貢鞏串寡戈果瓜"],
["cea1","科菓誇課跨過鍋顆廓槨藿郭串冠官寬慣棺款灌琯瓘管罐菅觀貫關館刮恝括适侊光匡壙廣曠洸炚狂珖筐胱鑛卦掛罫乖傀塊壞怪愧拐槐魁宏紘肱轟交僑咬喬嬌嶠巧攪敎校橋狡皎矯絞翹膠蕎蛟較轎郊餃驕鮫丘久九仇俱具勾"],
["cfa1","區口句咎嘔坵垢寇嶇廐懼拘救枸柩構歐毆毬求溝灸狗玖球瞿矩究絿耉臼舅舊苟衢謳購軀逑邱鉤銶駒驅鳩鷗龜國局菊鞠鞫麴君窘群裙軍郡堀屈掘窟宮弓穹窮芎躬倦券勸卷圈拳捲權淃眷厥獗蕨蹶闕机櫃潰詭軌饋句晷歸貴"],
["d0a1","鬼龜叫圭奎揆槻珪硅窺竅糾葵規赳逵閨勻均畇筠菌鈞龜橘克剋劇戟棘極隙僅劤勤懃斤根槿瑾筋芹菫覲謹近饉契今妗擒昑檎琴禁禽芩衾衿襟金錦伋及急扱汲級給亘兢矜肯企伎其冀嗜器圻基埼夔奇妓寄岐崎己幾忌技旗旣"],
["d1a1","朞期杞棋棄機欺氣汽沂淇玘琦琪璂璣畸畿碁磯祁祇祈祺箕紀綺羈耆耭肌記譏豈起錡錤飢饑騎騏驥麒緊佶吉拮桔金喫儺喇奈娜懦懶拏拿癩",5,"那樂",4,"諾酪駱亂卵暖欄煖爛蘭難鸞捏捺南嵐枏楠湳濫男藍襤拉"],
["d2a1","納臘蠟衲囊娘廊",4,"乃來內奈柰耐冷女年撚秊念恬拈捻寧寗努勞奴弩怒擄櫓爐瑙盧",5,"駑魯",10,"濃籠聾膿農惱牢磊腦賂雷尿壘",7,"嫩訥杻紐勒",5,"能菱陵尼泥匿溺多茶"],
["d3a1","丹亶但單團壇彖斷旦檀段湍短端簞緞蛋袒鄲鍛撻澾獺疸達啖坍憺擔曇淡湛潭澹痰聃膽蕁覃談譚錟沓畓答踏遝唐堂塘幢戇撞棠當糖螳黨代垈坮大對岱帶待戴擡玳臺袋貸隊黛宅德悳倒刀到圖堵塗導屠島嶋度徒悼挑掉搗桃"],
["d4a1","棹櫂淘渡滔濤燾盜睹禱稻萄覩賭跳蹈逃途道都鍍陶韜毒瀆牘犢獨督禿篤纛讀墩惇敦旽暾沌焞燉豚頓乭突仝冬凍動同憧東桐棟洞潼疼瞳童胴董銅兜斗杜枓痘竇荳讀豆逗頭屯臀芚遁遯鈍得嶝橙燈登等藤謄鄧騰喇懶拏癩羅"],
["d5a1","蘿螺裸邏樂洛烙珞絡落諾酪駱丹亂卵欄欒瀾爛蘭鸞剌辣嵐擥攬欖濫籃纜藍襤覽拉臘蠟廊朗浪狼琅瑯螂郞來崍徠萊冷掠略亮倆兩凉梁樑粮粱糧良諒輛量侶儷勵呂廬慮戾旅櫚濾礪藜蠣閭驢驪麗黎力曆歷瀝礫轢靂憐戀攣漣"],
["d6a1","煉璉練聯蓮輦連鍊冽列劣洌烈裂廉斂殮濂簾獵令伶囹寧岺嶺怜玲笭羚翎聆逞鈴零靈領齡例澧禮醴隷勞怒撈擄櫓潞瀘爐盧老蘆虜路輅露魯鷺鹵碌祿綠菉錄鹿麓論壟弄朧瀧瓏籠聾儡瀨牢磊賂賚賴雷了僚寮廖料燎療瞭聊蓼"],
["d7a1","遼鬧龍壘婁屢樓淚漏瘻累縷蔞褸鏤陋劉旒柳榴流溜瀏琉瑠留瘤硫謬類六戮陸侖倫崙淪綸輪律慄栗率隆勒肋凜凌楞稜綾菱陵俚利厘吏唎履悧李梨浬犁狸理璃異痢籬罹羸莉裏裡里釐離鯉吝潾燐璘藺躪隣鱗麟林淋琳臨霖砬"],
["d8a1","立笠粒摩瑪痲碼磨馬魔麻寞幕漠膜莫邈万卍娩巒彎慢挽晩曼滿漫灣瞞萬蔓蠻輓饅鰻唜抹末沫茉襪靺亡妄忘忙望網罔芒茫莽輞邙埋妹媒寐昧枚梅每煤罵買賣邁魅脈貊陌驀麥孟氓猛盲盟萌冪覓免冕勉棉沔眄眠綿緬面麵滅"],
["d9a1","蔑冥名命明暝椧溟皿瞑茗蓂螟酩銘鳴袂侮冒募姆帽慕摸摹暮某模母毛牟牡瑁眸矛耗芼茅謀謨貌木沐牧目睦穆鶩歿沒夢朦蒙卯墓妙廟描昴杳渺猫竗苗錨務巫憮懋戊拇撫无楙武毋無珷畝繆舞茂蕪誣貿霧鵡墨默們刎吻問文"],
["daa1","汶紊紋聞蚊門雯勿沕物味媚尾嵋彌微未梶楣渼湄眉米美薇謎迷靡黴岷悶愍憫敏旻旼民泯玟珉緡閔密蜜謐剝博拍搏撲朴樸泊珀璞箔粕縛膊舶薄迫雹駁伴半反叛拌搬攀斑槃泮潘班畔瘢盤盼磐磻礬絆般蟠返頒飯勃拔撥渤潑"],
["dba1","發跋醱鉢髮魃倣傍坊妨尨幇彷房放方旁昉枋榜滂磅紡肪膀舫芳蒡蚌訪謗邦防龐倍俳北培徘拜排杯湃焙盃背胚裴裵褙賠輩配陪伯佰帛柏栢白百魄幡樊煩燔番磻繁蕃藩飜伐筏罰閥凡帆梵氾汎泛犯範范法琺僻劈壁擘檗璧癖"],
["dca1","碧蘗闢霹便卞弁變辨辯邊別瞥鱉鼈丙倂兵屛幷昞昺柄棅炳甁病秉竝輧餠騈保堡報寶普步洑湺潽珤甫菩補褓譜輔伏僕匐卜宓復服福腹茯蔔複覆輹輻馥鰒本乶俸奉封峯峰捧棒烽熢琫縫蓬蜂逢鋒鳳不付俯傅剖副否咐埠夫婦"],
["dda1","孚孵富府復扶敷斧浮溥父符簿缶腐腑膚艀芙莩訃負賦賻赴趺部釜阜附駙鳧北分吩噴墳奔奮忿憤扮昐汾焚盆粉糞紛芬賁雰不佛弗彿拂崩朋棚硼繃鵬丕備匕匪卑妃婢庇悲憊扉批斐枇榧比毖毗毘沸泌琵痺砒碑秕秘粃緋翡肥"],
["dea1","脾臂菲蜚裨誹譬費鄙非飛鼻嚬嬪彬斌檳殯浜濱瀕牝玭貧賓頻憑氷聘騁乍事些仕伺似使俟僿史司唆嗣四士奢娑寫寺射巳師徙思捨斜斯柶査梭死沙泗渣瀉獅砂社祀祠私篩紗絲肆舍莎蓑蛇裟詐詞謝賜赦辭邪飼駟麝削數朔索"],
["dfa1","傘刪山散汕珊産疝算蒜酸霰乷撒殺煞薩三參杉森渗芟蔘衫揷澁鈒颯上傷像償商喪嘗孀尙峠常床庠廂想桑橡湘爽牀狀相祥箱翔裳觴詳象賞霜塞璽賽嗇塞穡索色牲生甥省笙墅壻嶼序庶徐恕抒捿敍暑曙書栖棲犀瑞筮絮緖署"],
["e0a1","胥舒薯西誓逝鋤黍鼠夕奭席惜昔晳析汐淅潟石碩蓆釋錫仙僊先善嬋宣扇敾旋渲煽琁瑄璇璿癬禪線繕羨腺膳船蘚蟬詵跣選銑鐥饍鮮卨屑楔泄洩渫舌薛褻設說雪齧剡暹殲纖蟾贍閃陝攝涉燮葉城姓宬性惺成星晟猩珹盛省筬"],
["e1a1","聖聲腥誠醒世勢歲洗稅笹細說貰召嘯塑宵小少巢所掃搔昭梳沼消溯瀟炤燒甦疏疎瘙笑篠簫素紹蔬蕭蘇訴逍遡邵銷韶騷俗屬束涑粟續謖贖速孫巽損蓀遜飡率宋悚松淞訟誦送頌刷殺灑碎鎖衰釗修受嗽囚垂壽嫂守岫峀帥愁"],
["e2a1","戍手授搜收數樹殊水洙漱燧狩獸琇璲瘦睡秀穗竪粹綏綬繡羞脩茱蒐蓚藪袖誰讐輸遂邃酬銖銹隋隧隨雖需須首髓鬚叔塾夙孰宿淑潚熟琡璹肅菽巡徇循恂旬栒楯橓殉洵淳珣盾瞬筍純脣舜荀蓴蕣詢諄醇錞順馴戌術述鉥崇崧"],
["e3a1","嵩瑟膝蝨濕拾習褶襲丞乘僧勝升承昇繩蠅陞侍匙嘶始媤尸屎屍市弑恃施是時枾柴猜矢示翅蒔蓍視試詩諡豕豺埴寔式息拭植殖湜熄篒蝕識軾食飾伸侁信呻娠宸愼新晨燼申神紳腎臣莘薪藎蜃訊身辛辰迅失室實悉審尋心沁"],
["e4a1","沈深瀋甚芯諶什十拾雙氏亞俄兒啞娥峨我牙芽莪蛾衙訝阿雅餓鴉鵝堊岳嶽幄惡愕握樂渥鄂鍔顎鰐齷安岸按晏案眼雁鞍顔鮟斡謁軋閼唵岩巖庵暗癌菴闇壓押狎鴨仰央怏昻殃秧鴦厓哀埃崖愛曖涯碍艾隘靄厄扼掖液縊腋額"],
["e5a1","櫻罌鶯鸚也倻冶夜惹揶椰爺耶若野弱掠略約若葯蒻藥躍亮佯兩凉壤孃恙揚攘敭暘梁楊樣洋瀁煬痒瘍禳穰糧羊良襄諒讓釀陽量養圄御於漁瘀禦語馭魚齬億憶抑檍臆偃堰彦焉言諺孼蘖俺儼嚴奄掩淹嶪業円予余勵呂女如廬"],
["e6a1","旅歟汝濾璵礖礪與艅茹輿轝閭餘驪麗黎亦力域役易曆歷疫繹譯轢逆驛嚥堧姸娟宴年延憐戀捐挻撚椽沇沿涎涓淵演漣烟然煙煉燃燕璉硏硯秊筵緣練縯聯衍軟輦蓮連鉛鍊鳶列劣咽悅涅烈熱裂說閱厭廉念捻染殮炎焰琰艶苒"],
["e7a1","簾閻髥鹽曄獵燁葉令囹塋寧嶺嶸影怜映暎楹榮永泳渶潁濚瀛瀯煐營獰玲瑛瑩瓔盈穎纓羚聆英詠迎鈴鍈零霙靈領乂倪例刈叡曳汭濊猊睿穢芮藝蘂禮裔詣譽豫醴銳隸霓預五伍俉傲午吾吳嗚塢墺奧娛寤悟惡懊敖旿晤梧汚澳"],
["e8a1","烏熬獒筽蜈誤鰲鼇屋沃獄玉鈺溫瑥瘟穩縕蘊兀壅擁瓮甕癰翁邕雍饔渦瓦窩窪臥蛙蝸訛婉完宛梡椀浣玩琓琬碗緩翫脘腕莞豌阮頑曰往旺枉汪王倭娃歪矮外嵬巍猥畏了僚僥凹堯夭妖姚寥寮尿嶢拗搖撓擾料曜樂橈燎燿瑤療"],
["e9a1","窈窯繇繞耀腰蓼蟯要謠遙遼邀饒慾欲浴縟褥辱俑傭冗勇埇墉容庸慂榕涌湧溶熔瑢用甬聳茸蓉踊鎔鏞龍于佑偶優又友右宇寓尤愚憂旴牛玗瑀盂祐禑禹紆羽芋藕虞迂遇郵釪隅雨雩勖彧旭昱栯煜稶郁頊云暈橒殞澐熉耘芸蕓"],
["eaa1","運隕雲韻蔚鬱亐熊雄元原員圓園垣媛嫄寃怨愿援沅洹湲源爰猿瑗苑袁轅遠阮院願鴛月越鉞位偉僞危圍委威尉慰暐渭爲瑋緯胃萎葦蔿蝟衛褘謂違韋魏乳侑儒兪劉唯喩孺宥幼幽庾悠惟愈愉揄攸有杻柔柚柳楡楢油洧流游溜"],
["eba1","濡猶猷琉瑜由留癒硫紐維臾萸裕誘諛諭踰蹂遊逾遺酉釉鍮類六堉戮毓肉育陸倫允奫尹崙淪潤玧胤贇輪鈗閏律慄栗率聿戎瀜絨融隆垠恩慇殷誾銀隱乙吟淫蔭陰音飮揖泣邑凝應膺鷹依倚儀宜意懿擬椅毅疑矣義艤薏蟻衣誼"],
["eca1","議醫二以伊利吏夷姨履已弛彛怡易李梨泥爾珥理異痍痢移罹而耳肄苡荑裏裡貽貳邇里離飴餌匿溺瀷益翊翌翼謚人仁刃印吝咽因姻寅引忍湮燐璘絪茵藺蚓認隣靭靷鱗麟一佚佾壹日溢逸鎰馹任壬妊姙恁林淋稔臨荏賃入卄"],
["eda1","立笠粒仍剩孕芿仔刺咨姉姿子字孜恣慈滋炙煮玆瓷疵磁紫者自茨蔗藉諮資雌作勺嚼斫昨灼炸爵綽芍酌雀鵲孱棧殘潺盞岑暫潛箴簪蠶雜丈仗匠場墻壯奬將帳庄張掌暲杖樟檣欌漿牆狀獐璋章粧腸臟臧莊葬蔣薔藏裝贓醬長"],
["eea1","障再哉在宰才材栽梓渽滓災縡裁財載齋齎爭箏諍錚佇低儲咀姐底抵杵楮樗沮渚狙猪疽箸紵苧菹著藷詛貯躇這邸雎齟勣吊嫡寂摘敵滴狄炙的積笛籍績翟荻謫賊赤跡蹟迪迹適鏑佃佺傳全典前剪塡塼奠專展廛悛戰栓殿氈澱"],
["efa1","煎琠田甸畑癲筌箋箭篆纏詮輾轉鈿銓錢鐫電顚顫餞切截折浙癤竊節絶占岾店漸点粘霑鮎點接摺蝶丁井亭停偵呈姃定幀庭廷征情挺政整旌晶晸柾楨檉正汀淀淨渟湞瀞炡玎珽町睛碇禎程穽精綎艇訂諪貞鄭酊釘鉦鋌錠霆靖"],
["f0a1","靜頂鼎制劑啼堤帝弟悌提梯濟祭第臍薺製諸蹄醍除際霽題齊俎兆凋助嘲弔彫措操早晁曺曹朝條棗槽漕潮照燥爪璪眺祖祚租稠窕粗糟組繰肇藻蚤詔調趙躁造遭釣阻雕鳥族簇足鏃存尊卒拙猝倧宗從悰慫棕淙琮種終綜縱腫"],
["f1a1","踪踵鍾鐘佐坐左座挫罪主住侏做姝胄呪周嗾奏宙州廚晝朱柱株注洲湊澍炷珠疇籌紂紬綢舟蛛註誅走躊輳週酎酒鑄駐竹粥俊儁准埈寯峻晙樽浚準濬焌畯竣蠢逡遵雋駿茁中仲衆重卽櫛楫汁葺增憎曾拯烝甑症繒蒸證贈之只"],
["f2a1","咫地址志持指摯支旨智枝枳止池沚漬知砥祉祗紙肢脂至芝芷蜘誌識贄趾遲直稙稷織職唇嗔塵振搢晉晋桭榛殄津溱珍瑨璡畛疹盡眞瞋秦縉縝臻蔯袗診賑軫辰進鎭陣陳震侄叱姪嫉帙桎瓆疾秩窒膣蛭質跌迭斟朕什執潗緝輯"],
["f3a1","鏶集徵懲澄且侘借叉嗟嵯差次此磋箚茶蹉車遮捉搾着窄錯鑿齪撰澯燦璨瓚竄簒纂粲纘讚贊鑽餐饌刹察擦札紮僭參塹慘慙懺斬站讒讖倉倡創唱娼廠彰愴敞昌昶暢槍滄漲猖瘡窓脹艙菖蒼債埰寀寨彩採砦綵菜蔡采釵冊柵策"],
["f4a1","責凄妻悽處倜刺剔尺慽戚拓擲斥滌瘠脊蹠陟隻仟千喘天川擅泉淺玔穿舛薦賤踐遷釧闡阡韆凸哲喆徹撤澈綴輟轍鐵僉尖沾添甛瞻簽籤詹諂堞妾帖捷牒疊睫諜貼輒廳晴淸聽菁請靑鯖切剃替涕滯締諦逮遞體初剿哨憔抄招梢"],
["f5a1","椒楚樵炒焦硝礁礎秒稍肖艸苕草蕉貂超酢醋醮促囑燭矗蜀觸寸忖村邨叢塚寵悤憁摠總聰蔥銃撮催崔最墜抽推椎楸樞湫皺秋芻萩諏趨追鄒酋醜錐錘鎚雛騶鰍丑畜祝竺筑築縮蓄蹙蹴軸逐春椿瑃出朮黜充忠沖蟲衝衷悴膵萃"],
["f6a1","贅取吹嘴娶就炊翠聚脆臭趣醉驟鷲側仄厠惻測層侈値嗤峙幟恥梔治淄熾痔痴癡稚穉緇緻置致蚩輜雉馳齒則勅飭親七柒漆侵寢枕沈浸琛砧針鍼蟄秤稱快他咤唾墮妥惰打拖朶楕舵陀馱駝倬卓啄坼度托拓擢晫柝濁濯琢琸託"],
["f7a1","鐸呑嘆坦彈憚歎灘炭綻誕奪脫探眈耽貪塔搭榻宕帑湯糖蕩兌台太怠態殆汰泰笞胎苔跆邰颱宅擇澤撑攄兎吐土討慟桶洞痛筒統通堆槌腿褪退頹偸套妬投透鬪慝特闖坡婆巴把播擺杷波派爬琶破罷芭跛頗判坂板版瓣販辦鈑"],
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["fca1","禍禾花華話譁貨靴廓擴攫確碻穫丸喚奐宦幻患換歡晥桓渙煥環紈還驩鰥活滑猾豁闊凰幌徨恍惶愰慌晃晄榥況湟滉潢煌璜皇篁簧荒蝗遑隍黃匯回廻徊恢悔懷晦會檜淮澮灰獪繪膾茴蛔誨賄劃獲宖橫鐄哮嚆孝效斅曉梟涍淆"],
["fda1","爻肴酵驍侯候厚后吼喉嗅帿後朽煦珝逅勛勳塤壎焄熏燻薰訓暈薨喧暄煊萱卉喙毁彙徽揮暉煇諱輝麾休携烋畦虧恤譎鷸兇凶匈洶胸黑昕欣炘痕吃屹紇訖欠欽歆吸恰洽翕興僖凞喜噫囍姬嬉希憙憘戱晞曦熙熹熺犧禧稀羲詰"]
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Ba, you know by now that I'm a SS freak. I've been tracking missing SS as the key digits to find the hits. This is an interesting pattern which appeared recently in PA. I started to track missing SS 0 6 5 on 11/24. 2 draws later SS 0 6 appeared as the winning pair, and 3 draws later, 0 6 5 was hit in exact order it's been missing for as the winning #. This is something I've been working on because, well you know, I'm a SS freak.
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Extensive research has been performed on the visibility of objects in visual scenes and in infrared scenes of interest wherein the intent is to determine the probability that the object will be detected or to determine the amount of search time needed to do so. A 1995 doctoral thesis by one of the inventors herein discusses much of the research work known at that time. This thesis is xe2x80x9cModem Approaches to Computation of the Probability of Target Detection in Cluttered Environmentsxe2x80x9d by Thomas J. Meitzler. The thesis proposed that a fuzzy logic approach could be employed in a method of calculating the probability of detecting targets using various field parameters and target metrics that included clutter metrics as input variables. Subsequent to the thesis, a patent application was filed which has resulted in a continuation application now before the US Patent Office. The continuation application is entitled xe2x80x9cMethod of Determining Probability of Target Detection in a Visually Cluttered Scene,xe2x80x9d has Ser. No. 09/006,529, was filed on Jan. 13, 1998, and has two of the same inventors as the instant application. The parent application has the same title, lists Thomas J. Meitzler as the sole inventor, is now abandoned, had Ser. No. 08/614,087 and was filed Mar. 13, 1996. These prior applications related to predicting target detection but did not relate to the use of fuzzy logic approaches in doing so.
Meanwhile the inventors continued their work in fuzzy logic approaches to the study of target detection. As this work began, there was no certainty that a fuzzy logic approach could successfully be reduced to practice, but by September or October of 1998, a fuzzy logic approach had been sufficiently refined to be practical. Even further refinement was subsequently accomplished by the addition of a new input variable, which is the number of wavelet edge points in the scenes. As the work evolved papers were published which were co-authored by one or more of the inventors. These papers related to the use of fuzzy logic to predict either the probability of target detection or the amount of search time required to detect a target in a visual or infrared scene. These papers included the following publications.
1. xe2x80x9cFuzzy Logic Approach for Computing the Probability of Target Detection in Cluttered Scenesxe2x80x9d by Thomas J. Meitzler, Labib Arefeh, Harpreet Singh and Grant R. Gerhart; Optical Engineering. 35(12) 3623-3636 (December 1996).
2. xe2x80x9cPredicting the Probability of Target Detection in Static Infrared and Visual Scenes using the Fuzzy Logic Approachxe2x80x9d by Thomas J. Meitzler, Harpreet Singh, Labib Arefeh, Euijung Sohn and Grant R. Gerhart: Optical Engineering. 37(1) 10-17 (January 1998).
3. xe2x80x9cA Perception Test of Infrared Images of Soldiers in Camouflaged Uniformsxe2x80x9d by Thomas J. Meitzler, Darin Ellis, Euijung Sohn, Darryl Bryk, Kathy Rock and Harpreet Singh; Proceedings of the SPIE""s 12th Annual International Symposium on Aerospace Defense Sensing Simulation and Controls, Targets and Backgrounds Characterization and Representation IV, Vol. 3375, April 1998.
4. xe2x80x9cComputing the Probability of Target Detection in Dynamic Visual Scenes Containing Clutter Using the Fuzzy Logic Approachxe2x80x9d by Thomas J. Meitzler, Euijung Sohn, Daryl Bryk, R. Kistner and D. Bednarz; Optical Engineering, Vol. 37(7) 1998.
Our invention is a method of determining the visibility of a target in a visual or infrared background scene where the target""s visibility is a key design issue. Search time is the output variable used to gauge target detectability, and search time is an indicator of the probability of detecting the target in the background. We use a set of images of the target in the background scene and measure selected input variables in each image. The input variables relate to target size, target juxtaposition relative to the viewer""s location, luminance of the target, and luminance of the background scene. Each input variable, as well as the output variable, is associated with its own set of empirically developed membership functions. These membership functions assign membership values to the variables. The choice of membership function for each variable is controlled by specially tailored fuzzy rules which always apply. Applying the fuzzy rules and membership functions results in a collection of values for the output variable which are subjected to a defuzzification, typically by centroid averaging. Defuzzification obtains a crisp value usable, among other things, to disqualify proposed target designs or to select among several qualified target designs.
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Ultrasound backscatter microscopy image-guided intraventricular gene delivery at murine embryonic age 9.5 and 10.5 produces distinct transgene expression patterns at the adult stage.
In utero injection of a retroviral vector into the embryonic telencephalon aided by ultrasound backscatter microscopy permits introduction of a gene of interest at an early stage of development. In this study, we compared the tissue distribution of gene expression in adult mice injected with retroviral vectors at different embryonic ages in utero. Following ultrasound image-guided gene delivery (UIGD) into the embryonic telencephalon, adult mice were subjected to whole-body luciferase imaging and immunohistochemical analysis at 6 weeks and 1 year postinjection. Luciferase activity was observed in a wide range of tissues in animals injected at embryonic age 9.5 (E9.5), whereas animals injected at E10.5 showed brain-localized reporter gene expression. These results suggest that mouse embryonic brain creates a closed and impermeable structure around E10. Therefore, by injecting a transgene before or after E10, transgene expression can be manipulated to be local or systemic. Our results also provide information that widens the applicability of UIGD beyond neuroscience studies.
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Monday, 7 July 2014
White water, wet weather and weed
Well, I’m over a week behind with the blog, better get cracking now we’re back home ….Sunday 29th June
We were away by 9 in sunshine, and made our way down to Waltham Abbey. The Lee Navigation is beautiful below Dobb’s Weir Lock, and Carthagena Lock is kept pretty with hanging baskets.
At Cheshunt lake a watersports centre has been set up, with sailing (not on the navigation thankfully) and canoeing. For the landlubbers there is the ice-cream boat!
Daughter Liz was cycling up from Hackney to arrive in time for lunch, which was delightful and relaxed in the sunshine. We walked over to the Lee Valley White Water Centre, which was home to some of the Olympic events, to watch individual kayakers (who knew what they were doing) and the White-water Raft Experience punters, who really didn’t! Luckily each raft had an instructor to keep them the right way up, and it looked immense fun. In the first picture you can only see the instructor and a few paddles.
I borrowed Liz’s bike to buzz down to Waltham Abbey Church to have a look round and get some photos, while she and Dave took the boat down the lock. As I went into the church the rain started and it tipped down. I spent a happy time chatting to the volunteers about the Tour de France which is passing nearby in a few days’ time (actually today as I write) – sadly we won’t still be in the area – and admiring the beautiful stained glass. By the time I went outside it was still raining but not so much I couldn’t take a picture of Harold II’s likely final resting place. He rebuilt the church in gratitude for having been healed during a pilgrimage to Waltham.
The church was rebuilt in the twelfth century, but the section of herringbone-patterned wall above is thought to be a survival from Harold’s time. As an Abbey, the church was much larger than it is today. It was partly demolished during the Dissolution of the Monasteries by Henry VIII and only the nave was spared for use as a parish church. The first picture shows a column on the outside wall, which would once have been inside, and the site of a long-gone column. The second shows the rough edges where the rest of the wall was demolished nearly 500 years ago.
And finally some knapped flints, which are knocked or ‘knapped’ into shapes suitable for building from the large lumps of flint found in the chalk.
When I cycled back to the canal, I caught up with Chuffed leaving Town Lock. Dave and Liz look pretty grim in the rain but at least they had waterproofs, unlike me! I waited under the M25 bridge to be picked up. Liz helped us down as far as Enfield Lock, where she had to leave. It was still raining but she would get back home far quicker by bike than by boat!
She was home and showered before we finished for the day. She had got plastered in mud from the towpath (her back mudguard having broken a few days before). We continued in the rain to Pickett’s Lock, where the inhabitant of the cottage keeps it looking attractive. The water point (one of the unattractive grey metal ones, in the right of the photo) is lockside, but has an appropriate ‘tub’ next to it!
We finished up on the stretch above Stonebridge Lock, where there are good moorings and walks for the dog. The sun finally came out and the rain stopped after 7 for a fine end to the day, which Dave captured on film.
11 and a half miles, 10 locks (1 electric, 3 partly electric)Monday 30th June – off the Lee Navigation
The sun was hot as we set off around 10. An easy start work-wise, as Stonebridge and Tottenham locks are electric. It’s clear that nobody uses the manual lock at Tottenham nowadays (there are no beams so you couldn’t open the gates anyway).
As we approached Lea Bridge the weed was getting bad again – if anything worse than before – and all three weed-cutters were out. A local boater told us they are out every day. The first big one was operated by a cheery woman; the weed is drawn up a conveyor and drops into the barge bit behind the cab. The small one (below), driven by an even cheerier man, operates like an aquatic digger tractor, scooping up the weed from the surface and dumping it into a barge.
In spite of their efforts, we still had trouble, the only clear water being behind the boat!
The moorings at the filter beds were full but there was plenty of space further on by Hackney Marshes so we could stop for lunch. Dave spent some time hauling weed off the rudder with the hook, and we have a short pole which I used to dislodge the weed from the bow. We took Meg onto the football fields where we had great fun with a football Dave fished out of the water – until she burst it.
We ploughed on towards the Hertford Union, where the problem quickly lessened. We were amused by this graffiti, where a second contributor has added their tuppeny-worth.
We locked up with a single-hander, and met boats coming down, so it was an easy transit apart from the bottom lock. On the way down, we had seen a boater-written note on the paddle gear on one side warning that it wasn’t working – as I started to raise the other, a local liveaboard told me that side had failed too – the pawl (catch) is not staying put in the rack (upright bit) so you have to hold the paddle up with your windlass. Luckily the bottom lock is not deep and he also stayed to help - thanks mate. It’s been reported but there’s no sign of CRT involvement yet.
We moored at the first opportunity above the locks at Victoria Park, where Dave spent half an hour down the weed hatch – although we had reversed the engine and pushed weed off the bow several times, and the prop appeared to be OK, he thought he’d better check it and got a carrier-bag full of plastic, fishing line, old tea-towels and underpants.
Up went the TV aerial for the football before the rain started for yet another wet evening.
5 miles, 5 locks (2 electric)
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Further Reading
University of Leicester researchers said at a news conference Monday that DNA tests on bones recently unearthed in an archaeological dig in Leicester match samples taken from two living descendants of Richard's sister. A separate skeletal analysis showed striking similarities between the unearthed bones and features Richard was said to have had, they said.
"It was the result we were all waiting to hear," the university said. "In one of the most important announcements in the University's history, our academics have today revealed that the…skeleton is indeed that of King Richard III."
Richard III, the controversial 15th century English monarch, was killed at the Battle of Bosworth Field in 1485. The story goes that the body was taken to nearby Leicester, about 100 miles north of London, after his death. Until recently, no one had tried to dig up his remains.
In September, archaeologists at the University of Leicester acted on a hunch that Richard may have been buried under a city council parking lot. Archaeologists started to dig and within a week had found a skeleton and a medieval friary, raising hopes that Richard's remains had been found.
DNA tests suggest that bones found under a parking lot in Leicester, England, are those of King Richard III, who ruled from 1483 to 1485 before being killed at the Battle of Bosworth. Dow Jones's Jenny Gross looks at the debate over where he should be buried.
Tests showed the man whose remains were found was likely to have been killed by one or two injuries to the skull, which fits with the story that Richard was killed in battle by sword or ax.
"The corpse was subjected to 'humiliation injuries'—including a sword through the right buttock," the university said.
The skeleton also has a curved spine, just as Richard was reported to have. Radiocarbon dating revealed the individual had a high-protein diet, including significant amounts of seafood, a sign he was of high status, the university said.
"I'm delighted it's been proven to be Richard, but after all the humiliation he has suffered in his reputation it's a shame his remains now have to be flashed around on the Internet," said Sally Henshaw, secretary of the Richard III Society branch in East Midlands. "At least we know we'll be able to put him to rest finally and he will be buried as an anointed king should be."
The bones will be reinterred in Leicester, where his remains stayed for more than 500 years. Some Richard III enthusiasts had called for the skeleton to be buried in York and others in Westminster Abbey or Windsor Castle, where other monarchs are interred.
"It's fantastic—absolutely brilliant," said Richard Smith, another member of the Richard III Society. "I'll be able to visit him frequently so that'll be very fortunate for me."
Stephen Stearns, a professor of ecology and evolutionary biology at Yale University, said it is perfectly possible to recover mitochondrial DNA from a 500-year-old human skeleton and get an accurate read on whether it matches a living descendent.
Still, Dr. Stearns expressed some reservations. He said the University of Leicester is known for its evolutionary geneticists, but there is always a chance evidence can be tampered with or for other distortions.
ENLARGE
"Scientists only trust a conclusion that's been shot at as hard as possible and still remains standing. And that process hasn't really started yet."
Still, he said, "It's pretty convincing to the evolution geneticists who look at it. I think you can say either it's Richard III or there was another hunchback who was killed at the same place at the same time. However the DNA evidence makes it unlikely it's another hunchback."
Leicester officials said they hope the prospect of a proper burial site would be a boost to tourism, creating a focal point for a king who ruled England for just two years, but whose story has long captivated enthusiasts.
Richard became king in 1483, taking power from his nephew, the 12-year-old Edward V. Richard said Edward was an illegitimate heir as the product of his father's second marriage. Richard was said to have imprisoned his two nephews in the Tower of London. Within months of Richard's taking the throne, the two nephews disappeared, and some assumed Richard had them murdered.
Some historians say Richard was an evil, power-hungry ruler who murdered family members to quicken his rise to the throne. William Shakespeare's "Richard III" helped to popularize this depiction, describing Richard as a crippled villain who killed anyone in his path to the throne.
Others say this description is fictional, and one spread by Henry Tudor, Richard's successor, whose army killed Richard in battle. Shakespeare was born about 80 years after Richard died and wrote during the Tudor dynasty. Pro-Richard enthusiasts say a closer look at Richard's reign shows he was one of the most progressive rulers of his time and one who promoted foreign trade and books.
His death at the Battle of Bosworth Field, outside of Leicester, marked a pivotal moment in English history and in the struggle for power between the House of York and the House of Lancaster, known as the "The Wars of the Roses." Richard was the last of the Plantagenet kings to rule and his defeat by Henry VII began the start of the Tudor dynasty, which lasted for more than a century.
This copy is for your personal, non-commercial use only. Distribution and use of this material are governed by our Subscriber Agreement and by copyright law. For non-personal use or to order multiple copies, please contact Dow Jones Reprints at 1-800-843-0008 or visit www.djreprints.com.
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[Morphological substrate of antalgia and analgesia in the odontostomatological and facial area].
Prior personal work is further extended by a description of the way in which odontostomatological and facial pain is sedated by acupuncture: via peripheral receptors, whose stimulations are intercepted and modulated by various filters lying between the periphery and the cortex: cord (gelatinous substance of Rolando, gate control system), reticular formation and thalamocortical pathways.
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I have so much clothing that my dresser drawer won't close all the way
147 shares
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"pile_set_name": "OpenWebText2"
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Optimisation
Polestar Performance Optimisation (Excl. BE, BR, ES, FR, IT, KR)
Polestar Performance Optimisation enhances driving pleasure and increases the performance of your Volvo. The technology has been developed by Polestar in close cooperation with engineers at Volvo. The car feels more active to drive while simultaneously increasing safety in situations where further performance is required, for example when overtaking.
Your wish list
Accessory wish list
Accessory wish list
When you have found the accessories you want you can add them to your wish list.
Choose a quantity and click add.
Note that this is not an order. The wish list assists your Volvo dealer in assisting you.
Colour choices etc are not made in the wish list. Instead such details are determined in
dialog with your Volvo dealer.
Share with friends
When you are satisfied with your wish list you can share it with your friends.
Open the wish list and click the button "Share".
Your wish list is shared as it is at the moment. If you make changes to it afterwards
you will need to share it again in order to let your friends see the changes.
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Open the wish list and click the button "Save as PDF".
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|
{
"pile_set_name": "Pile-CC"
}
|
Functional outcome following spinal cord injury. A comparison of specialized spinal cord injury center vs general hospital short-term care.
The functional outcomes of 185 patients with spinal cord injuries undergoing rehabilitation who were initially treated in a specialized short-term care unit (center patients) were compared with those of 153 patients initially treated in general hospitals (noncenter patients). After stabilization, all patients were admitted to the Rehabilitation Institute of Chicago (Ill) and received the same rehabilitation program. The groups were comparable in terms of demographic, injury, and medical characteristics at the time of rehabilitation center admission, but the duration from injury to rehabilitation was more than twice as long for noncenter patients. While center patients were discharged from the rehabilitation center at equivalent functional skill levels, their daily rate of functional gains during the rehabilitation center stay was significantly greater than that of noncenter patients although the length of stay at the rehabilitation center was comparable for the two groups. These results support the practice of specialized short-term spinal cord injury care as a means of enhancing rehabilitation outcome.
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{
"pile_set_name": "PubMed Abstracts"
}
|
South Seas Society (Singapore)
The South Seas Society () is a scholarly society in Singapore, which promotes research on Southeast Asia (Nanyang, lit. "South Seas"). The Society was founded in March 1940 as the China South Seas Society (). Its founders included Kwan Chu Poh (), Yu Dafu (), Yao Tse-Liang (), Hsu Yun Tsiao (), and other scholars and literary figures.
Former members of the Society's managing committee include: T. L. Yao, Huang Mun-se (), Han Wai-toon (), Lian Shih-sheng (), and Gwee Yee-hean ().
The founding of a Chinese society for Southeast Asian studies was unprecedented, as no such organisation or scholarly journal existed in the 1940s. The Society attracted scholars from around the world, including Britain, the US, Japan, China, Hong Kong, India, Indonesia, etc.
Journal of the South Seas Society
The Society started the Journal of The South Seas Society () in 1940, to publish articles, notices, book reviews, etc. on Southeast Asian studies by scholars around the world, in both Chinese and English. Issues of the journal are currently published once a year by World Scientific.
Hsu Yun Ts'iao was the Journal's first editor-in-chief. His successors include Wang Gungwu (), Cheng Tsu-yu (), and Chen Songzhan ().
References
External links
Homepage of the Society
Category:Singaporean culture
Category:Southeast Asia
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{
"pile_set_name": "Wikipedia (en)"
}
|
Eva Mattes
Eva Mattes (born 14 December 1954, Tegernsee, Germany) is an Austrian-German actress.
Mattes was featured in four films directed by director Rainer Werner Fassbinder (The Bitter Tears of Petra von Kant, , Effi Briest and In a Year of 13 Moons). In A Man Called Eva (Ein Mann wie EVA, 1984), she played a bearded film director, based on the recently deceased Fassbinder.
She has also appeared in two films of Werner Herzog, a former partner. In 1980 they had a daughter together, Hanna Mattes. Eva Mattes also appeared in Germany, Pale Mother, and in Enemy at the Gates as the mother of Sasha Fillipov.
Eva Mattes is well known in German-speaking countries for her role as Klara Blum in the Tatort television series.
Eva Mattes lives in Berlin with the Austrian Artist Wolfgang Georgsdorf and two kids.
Awards
1981 Bavarian Film Awards, Best Actress
1979 Cannes Film Festival, Jury's Special Grand Prix
Selected filmography
References
External links
Homepage of Eva Mattes
Photographs of Eva Mattes
Category:1954 births
Category:20th-century German actresses
Category:21st-century German actresses
Category:German film actresses
Category:German television actresses
Category:Living people
Category:Best Actress German Film Award winners
Category:Cannes Film Festival Award for Best Actress winners
Category:Recipients of the Cross of the Order of Merit of the Federal Republic of Germany
Category:People from Miesbach (district)
|
{
"pile_set_name": "Wikipedia (en)"
}
|
ANTLR 2 License
We reserve no legal rights to the ANTLR--it is fully in the public domain.
An individual or company may do whatever they wish with source code distributed
with ANTLR or the code generated by ANTLR, including the incorporation of
ANTLR, or its output, into commerical software.
We encourage users to develop software with ANTLR. However, we do ask that
credit is given to us for developing ANTLR. By "credit", we mean that if you
use ANTLR or incorporate any source code into one of your programs (commercial
product, research project, or otherwise) that you acknowledge this fact somewhere
in the documentation, research report, etc... If you like ANTLR and have developed
a nice tool with the output, please mention that you developed it using ANTLR.
In addition, we ask that the headers remain intact in our source code. As
long as these guidelines are kept, we expect to continue enhancing this system
and expect to make other tools available as they are completed.
|
{
"pile_set_name": "Github"
}
|
Given that the leadership of Syriza has accepted the T.I.N.A. (There Is No Alternative) dogma which has been used since 2010 as the reason for the acceptance of all the bail-out programs and memoranda; those of us who consider that dogma completely fallacious (as well as its continuation for the sixth year destructive for the country and the society) are left with the following choices: The Communist Party of Greece (KKE), The Popular Unity (LAE), or parties which have no hope in entering the parliament".
|
{
"pile_set_name": "OpenWebText2"
}
|
;; Copyright (c) 2009 Derick Eddington
;;
;; Permission is hereby granted, free of charge, to any person obtaining a
;; copy of this software and associated documentation files (the "Software"),
;; to deal in the Software without restriction, including without limitation
;; the rights to use, copy, modify, merge, publish, distribute, sublicense,
;; and/or sell copies of the Software, and to permit persons to whom the
;; Software is furnished to do so, subject to the following conditions:
;;
;; The above copyright notice and this permission notice shall be included in
;; all copies or substantial portions of the Software.
;;
;; Except as contained in this notice, the name(s) of the above copyright
;; holders shall not be used in advertising or otherwise to promote the sale,
;; use or other dealings in this Software without prior written authorization.
;;
;; THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
;; IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
;; FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
;; THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
;; LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
;; FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
;; DEALINGS IN THE SOFTWARE.
#!r6rs
(library (srfi :26 cut)
(export cut cute)
(import
(only (rnrs) ... _ begin define-syntax syntax-rules lambda begin let
apply
)
(only (srfi private include) include/resolve)
)
(include/resolve ("srfi" "26") "cut.scm")
)
|
{
"pile_set_name": "Github"
}
|
Rockstar Games has confirmed on its support page that Grand Theft Auto: San Andreas is getting an Xbox 360 release with upgraded visuals and achievements.
The re-release will be available digitally through the Xbox 360 Games on Demand service starting October 26th. This will replace the Xbox Originals version which is no longer available.
“GTA: San Andreas on the Xbox Marketplace will be available again for purchase beginning October 26th, 2014, through Games on Demand,” reads the post by Rockstar, in pat. “This version features 720p resolution, enhanced draw distance, and Achievement support.”
“The Games on Demand version of San Andreas is not compatible with the Xbox Originals version. Save files will not transfer from Xbox Originals. Owners of the Xbox Originals version will still have access to the old version on their consoles and through their download history, with the option to purchase the new version to experience the added features on a new save file.”
(via CVG)
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{
"pile_set_name": "OpenWebText2"
}
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Current packet-based communication networks may be generally divided into peer-to-peer networks and client/server networks. Traditional peer-to-peer networks support direct communication between various endpoints without the use of an intermediary device (e.g., a host or server). Each endpoint may initiate requests directly to other endpoints and respond to requests from other endpoints using credential and address information stored on each endpoint. However, because traditional peer-to-peer networks include the distribution and storage of endpoint information (e.g., addresses and credentials) throughout the network on the various insecure endpoints, such networks inherently have an increased security risk. While a client/server model addresses the security problem inherent in the peer-to-peer model by localizing the storage of credentials and address information on a server, a disadvantage of client/server networks is that the server may be unable to adequately support the number of clients that are attempting to communicate with it. As all communications (even between two clients) must pass through the server, the server can rapidly become a bottleneck in the system.
Accordingly, what is needed are a system and method that addresses these issues.
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{
"pile_set_name": "USPTO Backgrounds"
}
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Where do these 'Jet Engine PS3' comments come from? I have a 40gig phat and It is practically silent (the one exception being The Last of Us. Until that game I didn't even know the PS3 had a louder/higher fan speed)
Then again I was using the 360 waaaay more over the years, so maybe I have been spoiled by the true Jet-Engine noises from that beast
OT, awesome news about how quiet it is, even if it is just the menu. Perfect for blurays, I found volume was menu levels when watching blurays on the PS3
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{
"pile_set_name": "OpenWebText2"
}
|
Moonlite
Moonlite is a 1910 bushranger film about Captain Moonlite, played by John Gavin, who also directed. It was also known as Captain Moonlite and is considered a lost film.
It followed on the success of Thunderbolt (1910), also made by Gavin and Forsyth.
Synopsis
In the early 1870s, a New Zealand army officer, Captain George Scott, is caught cheating at cards and brutally beats a fellow officer. Disgraced and discharged, he joins the clergy and falls in love with the beautiful Ruth Clarke, whose brother has embezzled a large amount of money and is going to be arrested. For her sake he robs the Edgerton Bank, and arranges to leave by boat to England. The police arrive as he gets on the boat the Lady Isabelle and although he attempts to swim away he is wounded and arrested. Constables Ryan and Mae have their first case.
Scott later escapes from gaol by strangling a warden and releasing another prisoner. He becomes a bushranger under the name of "Moonlite", forming a gang which includes Ruth's brother. He saves an aboriginal "gin" called Bunda Bunda from downing, then goes on to rob the gold escort, distributing some of this money to the poor.
Moonlite and his gang go on to stick up a country pub and the police send Inspector Carroll and his men after him. Moonlite's gang hold up Wantabadgery Station, and Carroll gives chase but they are fought off and Bunda Bunda saves Moonlite's life.
Ryan and Mac make a capture, and Bunda Bunda shoots the tracker after Moonlite. Eventually Moonlite is captured at McCreedy's farm after a shootout by Inspector Carroll in which Bunda Bunda is killed. He is taken away to gaol for the last time to be executed. All Ruth is left with is his cross.
The chapter headings were as follows:
The Great Military Scene
Scott as a Minister
Scott Robs the Egerton Bank
Ryan and Mac's First Case
Scott's Great Escape from the Boat Lady Isabel
Scott's Swim: Arrest and Escape from Gaol
The Forming of the Gang
To the Bush ; Scott Saves Bunda Bunda; Bunda Bunda's Swim
Gold Escort Robbery
Scott's Kindness to the Poor
Sticking Up the Roadside Pub
Troopers Drilling Under Inspector Carrol
Sticking Up Wantabadgery Station
Great Police Chase
Scott's Strategy and Defeat of Inspector Carrol
Ryan and Mac Make a Capture
Ryan and Mac Drilling for Duty
Young Clarke, the Bushranging bareback Rider
Bunda Bunda Shoots the Tracker
The Great Fight at McCready's Farm
Moonlite's last Journey to Gaol
The Cross is All that is Left to Ruth.
Cast
John Gavin as Captain George Scott/Captain Moonlite
H. A. Forsyth
Ruby Butler
Agnes Gavin as Bunda Bunda
Production
The plot appears to have been heavily influenced by the classic novel Robbery Under Arms.
Gavin later said the film was the first script written by his wife Agnes. Female lead Ruby Butler won a beauty contest.
The film was shot at Victoria Barracks in Sydney and in the bush around Lithgow, with a budget of over ₤1,000. over 200 people were reportedly involved in the film.
Gavin was almost attacked by a shark while shooting an escape sequence near Glebe Island – producer H.A. Forsyth had to throw a dog overboard to distract the shark and save Gavin.
Release
Screenings of the film were usually accompanied by a lecturer.
Many advertisements for the film would mention Forysth but not Gavin.
The first public screening was a sellout. According to Gavin, the film was a massive success at the box office.
However, he then ended his association with H. A. Forsyth and instead was commissioned to make several films for Stanley Crick and Herbert Finlay, starting with Ben Hall and his Gang (1910).
According to some reports the film went for 11,000 feet (over 80 minutes). However most reports put the length of the film at 4,000 feet.
According to the Truth "the film is remarkable for its clearness, and is sure to become a great success throughout Australia."
References
External links
Moonlite at the National Film and Sound Archive
Film details at AusStage
Category:Australian films
Category:1910 films
Category:1910s Western (genre) films
Category:Australian black-and-white films
Category:Australian silent feature films
Category:Bushranger films
Category:Lost Western (genre) films
Category:Films directed by John Gavin
Category:Lost Australian films
Category:1910s lost films
|
{
"pile_set_name": "Wikipedia (en)"
}
|
Q:
Bash script for grepping string and placing them into array
I'm looking way to make bash script that greps output of command and place strings into array and be able to randomly select 1 string from the array for example every minute and place it as variable, time for randomly selecting needs to be configurable.
Command output:
string
string2
string3
Place of all these strings into array and randomly select one of them and place it as variable
desired result:
strings -> array <- randomly selecting from array every 1 minute and placing string selected as variable for further use
A:
In bash, you can use readarray with command substitution to capture newline-separated outputs into an array; for exmaple:
readarray -t outputs < <(seq 10)
Where I've used seq 10 to produce some output. This results in:
$ declare -p outputs
declare -a outputs='([0]="1" [1]="2" [2]="3" [3]="4" [4]="5" [5]="6" [6]="7" [7]="8" [8]="9" [9]="10")'
To pseudorandomly select one of those elements every minute:
while :
do
element=$(( RANDOM % ${#outputs[@]} ))
var=${outputs[$element]}
sleep 60
done
Noting that bash arrays start at index zero, the $(( )) arithemtic says to use the value of $RANDOM modulo the number of elements in the outputs array.
|
{
"pile_set_name": "StackExchange"
}
|
A wireless radio network may consist of many mobile subscriber units (“MSUs”) all competing for bandwidth resources that are offered in their service area. In addition, fixed network equipment (“FNE”) that serves the MSUs may offer different levels of service in the form of channels of differing bandwidth capabilities. Due to the different levels of service, radio resource management is necessary.
Several techniques have been used to perform radio resource management. One is for the FNE to advertise to the MSUs information about each channel. The MSUs can then choose to move to a new channel if the channel that they are using is no longer satisfactory due to the signal quality or channel loading. This technique may be referred to as “autonomous movement” because the MSUs move to a new channel without informing the FNE prior to registration.
There are several disadvantages with the autonomous movement technique. One disadvantage is that the MSUs move without the knowledge of what the other MSUs are doing, so it is possible for many MSUs to move all at once; if they all make their decision to move based on the same advertised data, they could all move to the same channel, causing that channel to become overloaded. Another disadvantage to the autonomous movement technique is that the MSUs move based on advertised data, which may be out of date when they decide to move. Yet another disadvantage to the autonomous movement technique is that the MSUs move without first informing the FNE, so there is a short period of time when the FNE has outdated information about what channel the particular MSU is on. Yet still another disadvantage to the autonomous movement technique is that the amount of data that must be advertised for an MSU to make a “good” decision to move to another channel can be excessive, thus using up too much of the available bandwidth.
Another technique to perform radio resource management is that the FNE always controls what channel the MSU is on. If a MSU wants to use a channel, it requests a channel from the FNE. The MSU may request a channel before every transmission, or only when it is unable to transfer data on the current channel. In addition, the FNE may attempt to move the MSUs in order to keep an even load on the channels.
There are also several disadvantages to this technique. One disadvantage is that the FNE does not know the signal quality of each bandwidth group, or each individual channel, so it may move the MSU to a channel having a poor signal quality. Another disadvantage is that the FNE does not know when a MSU is going to need bandwidth resources, so it may move a MSU unnecessarily. Yet another disadvantage is that overhead signaling is required, which can slow down access to the network by the MSU.
Moreover, the autonomous movement technique and the radio resource management technique require certain signal quality measurements to be made by the MSUs on a plurality of channels. An issue with these measurements is that they can be intrusive to the normal operation of the MSU.
Thus, there exists a need for efficiently assigning the MSUs to channels such that the bandwidth resources of the FNE are used effectively, and a need for effective channel quality measurements so that they are not as intrusive to the normal operation of the MSU.
|
{
"pile_set_name": "USPTO Backgrounds"
}
|
Sen. Ben Cardin Benjamin (Ben) Louis CardinPPP application window closes after coronavirus talks deadlock Congress eyes tighter restrictions on next round of small business help Senate passes extension of application deadline for PPP small-business loans MORE (D-Md.) says Congress is taking a more active role in foreign policy as it reviews the president's authority over nuclear weapons.
“We have been more prescriptive on the responsibilities of the president on foreign policy, and that’s Congress’s prerogative, and we’ve done that under President Trump. So, yes, we are taking a more active role,” Cardin told Politico.
He added that “we could now have a more deliberative process under the presidential command for the use of nuclear weapons, and I think Congress is looking for a way to assert itself in that regard.”
The Senate Foreign Relations Committee, on which Cardin is the ranking Democrat, held a hearing earlier this month over the president’s authority to use nuclear weapons. The discussion came after President Trump made comments that North Korea could face “fire and fury” if it continues to advance its nuclear program.
ADVERTISEMENT
North Korea is only one of the foreign policy issues where Congress is taking a more active role.
Cardin and other senators have also urged Trump to enforce tougher sanctions on Russia. Cardin believes there is little difference between Republicans and Democrats on the Senate Foreign Relations Committee on that issue.
He noted lawmakers' concern over Trump’s recent statement that he trusts Russian President Vladimir Putin's claims that he did not interfere in the 2016 election.
“We’re watching very carefully to make sure they, in fact, impose the mandatory sanctions on the due dates, but we do know there is a reluctance on the behalf of the Trump administration,” Cardin said.
|
{
"pile_set_name": "OpenWebText2"
}
|
Q:
Open CV libgtk2.0-dev and pkg-config error mac
Hi I am fairly new to OpenCV and I am trying to get OpenCV demo-code for blur detection working on my mac but I get an error every time I run the code.
Here is the code I try to run:
# import the necessary packages
from imutils import paths
import argparse
import cv2
def variance_of_laplacian(image):
# compute the Laplacian of the image and then return the focus
# measure, which is simply the variance of the Laplacian
return cv2.Laplacian(image, cv2.CV_64F).var()
# construct the argument parse and parse the arguments
ap = argparse.ArgumentParser()
ap.add_argument("-i", "--images", required=True,
help="path to input directory of images")
ap.add_argument("-t", "--threshold", type=float, default=100.0,
help="focus measures that fall below this value will be considered 'blurry'")
args = vars(ap.parse_args())
# loop over the input images
for imagePath in paths.list_images(args["images"]):
# load the image, convert it to grayscale, and compute the
# focus measure of the image using the Variance of Laplacian
# method
image = cv2.imread(imagePath)
gray = cv2.cvtColor(image, cv2.COLOR_BGR2GRAY)
fm = variance_of_laplacian(gray)
text = "Not Blurry"
# if the focus measure is less than the supplied threshold,
# then the image should be considered "blurry"
if fm < args["threshold"]:
text = "Blurry"
# show the image
cv2.putText(image, "{}: {:.2f}".format(text, fm), (10, 30),
cv2.FONT_HERSHEY_SIMPLEX, 0.8, (0, 0, 255), 3)
cv2.imshow("Image", image)
key = cv2.waitKey(0)
I run the code by executing:
python detect_blur.py --images images
This is my terminal output:
OpenCV Error: Unspecified error (The function is not implemented. Rebuild the library with Windows, GTK+ 2.x or Carbon support. If you are on Ubuntu or Debian, install libgtk2.0-dev and pkg-config, then re-run cmake or configure script) in cvShowImage, file /Users/travis/build/skvark/opencv-python/opencv/modules/highgui/src/window.cpp, line 583
Traceback (most recent call last):
File "detect_blur.py", line 37, in <module>
cv2.imshow("Image", image)
cv2.error: /Users/travis/build/skvark/opencv-python/opencv/modules/highgui/src/window.cpp:583: error: (-2) The function is not implemented. Rebuild the library with Windows, GTK+ 2.x or Carbon support. If you are on Ubuntu or Debian, install libgtk2.0-dev and pkg-config, then re-run cmake or configure script in function cvShowImage
I have already installed GTK+ and pkg-config but I still get the same error. I am not sure what to do next. I am fairly confident the problem is not with the code but with the installation
This is the tutorial I followed to install OpenCV
http://www.pyimagesearch.com/2016/12/19/install-opencv-3-on-macos-with-homebrew-the-easy-way/
A:
You might be using opencv-python , which doesn't support many features. You have to uninstall opencv-python and then reinstall or rebuild OpenCV.
pip uninstall opencv-python
On mac OS, you can reinstall OpenCV with
brew uninstall opencv3
brew install opencv3 --with-ffmpeg -v
Make sure you are using correct Python, you might have different versions of Python installed with either brew, pyenv, or anaconda. Check which python you are using by executing this:
which python
where /usr/local/bin/python is from brew, and you'll know the others from the keyword shown in path.
|
{
"pile_set_name": "StackExchange"
}
|
1. Field of the Invention
The present invention relates generally to a self-sealing coupling for use in connection and disconnection of a hydraulic sub-circuit to a midway portion of a main circuit of a hydraulic device in tandem, and more specifically to a self-sealing coupling with a bypass for a hydraulic circuit in which a flow of pressurized oil is detoured to the sub-circuit by closing of the bypass for blocking off of the midway portion of the main circuit under the connected condition or, optionally, the flow being directly supplied to the main circuit by opening of the bypass in a disconnected condition.
2. Background of the Prior Art
For example, when an operator mounts or dismounts an agricultural loader onto an agricultural tractor, a hydraulic sub-circuit provided on the side of the loader is adapted to be connected in tandem to a midway portion of a main circuit of a hydraulic device provided on the side of the tractor. Thereupon, a self-sealing coupling with a bypass for a hydraulic circuit is interposed in the tandem connection portion between the main circuit and the sub-circuit.
When the agricultural tractor is used for the cultivation of land, usually the agricultural loader is removed from the tractor. For removing the loader, the bypass within the self-sealing coupling is opened by the operator so that a link hitch of a three-point support type can be hydraulically actuated.
When the operator uses the tractor equipped with external hydraulic implement and machinery such as the agricultural loader and the like, the bypass is blocked off so that the oil to be supplied to the main circuit is detoured to the sub-circuit.
Generally, a conventional self-sealing coupling with a bypass for a hydraulic circuit having relation to the present invention is constituted as follows.
A coupling body is provided with an input passage and an output passage separately from each other. In the outlet portion of the input passage and in the inlet portion of the output passage, there are provided respective valves on the main circuit.
Each self-closing valve is adapted to close a valve port thereof with a self-closing valve element urged outward by a valve closing force exerting means, and each valve element is adapted to be pushed back inwardly by an external force so as to open the valve port.
The input passage and the output passage are adapted to be interconnected through a bypass opened and closed by means of a bypass valve.
A first example of prior art is the embodiment shown in FIGS. 1 and 2 of Japanese Laid Open Utility Model Publication No. 1987-163688.
In the accompanying drawings of FIGS. 8 and 9 showing the first conventional embodiment, a block-like coupling body 101 is provided on its upper side with a pair of self-closing valves 106, 106 secured to body 101 side by side. Within each self-closing valve 106, there is provided a self-closing valve element 107 which is urged toward the valve closing position by means of a valve closing spring 108. The coupling body 101 is further provided with an input passage 102 opened in one side and with an output passages 103 opened in the other side thereof. These input passage 102 and output passage 103 are disposed horizontally and are spaced apart vertically, and are interconnected by a vertical bypass 110 formed in the middle portion of the coupling body 101.
A cylindrical bypass valve 111 is disposed through the vertical middle portion of the coupling body 101 and is passed vertically and slidably through the bypass 110. The bypass valve 111 is adapted to be urged upward by means of a valve opening spring 113 provided in the lower portion of the coupling body 101 so as to open the bypass 110.
However, there are the following problems associated with the first example:
(a) Since the coupling body 101 is provided separately with the self-closing valves 106 and the bypass valve 111 and further provided separately with the valve closing spring 108 as the urging means for the self-closing valve 107 and the valve opening spring 113 as the urging means for the bypass valve 111, the general constitution has to be larger and more complicated.
(b) Since the coupling connection portion on the main circuit side is provided with the similar self-closing valves 106, 106 for the input side as well as for the output side, operator tends to make the connection mistakes for the input sides and the output sides respectively on the side of the sub-circuit as well as on the side of the main circuit when connecting the self-closing valves on the side of the sub-circuit to the self-closing valves 106, 106 on the side of the main circuit. It is therefore possible that a loader and the like provided in the output portion of the sub-circuit could be driven in a reverse direction, which might cause an accident, due to such connection mistakes.
A second example of known art is obtained by simplifying the constitution provided in the first conventional embodiment, as shown in FIGS. 5 and 6 of the above-mentioned Publication.
In the related accompanying drawings of FIGS. 10 and 11, a coupling body 201 is provided with an input passage 202 and an output passage 203 which are disposed vertically therethroughout 201. A pair of self-closing valves 206, 206 are fitted side by side into the input passage 202 and into the output passage 203 from above respectively. One of them is fitted vertically and slidably into the input passage 202 with its cylindrical lower portion 200 facing a holizontal bypass 210. The other one, for the output passage 203, is threadably secured to the coupling body 201.
In such structure, under the "disconnected" and "self-closed" condition of the coupling for using only the main condition of the coupling for using only the main circuit of the hydraulic device, the self-closing valve 206 is adapted to be pushed up by means of an oil pressure within the "input passage 202 so as to open the bypass 210. Under the "connected" and "self-open" condition of the coupling for using the sub-circuit, a duplex coupling provided in the leading end of the sub-circuit is adapted to be pushed into the paired self-closing valves 206, 206 provided in the coupling body 201 and the self-closing valve 206 on the input passage side is lowered so as to close the bypass 210.
In this second example, the cylindrical lower portion 200 of the self-closing valve 206 on the input passage side serves as a bypass valve element 212 also, and an oil pressure within the input passage 202 acts as a valve opening force exerting means. Accordingly, the self-closing valve 206 serves as the bypass valve 211 also so that a valve for the exclusive use of the bypass can be omitted and the general constitution of the hydraulic device can be simplified.
However there are the following associated with the second example:
(a) Since the self-closing valve 206 on the input passage side is adapted to be raised and lowered vertically, a duplex connection coupling 280 on the sub-circuit side is secured only to the self-closing valve 206 on the output passage side of the coupling body 201 in an unstable cantilevered state when the sub-circuit is used.
Accordingly, when the self-closing valve 206 on the input passage side is extended or retracted by means of an external force such as a tension force or a pushing force transmitted through an oil supply hose, the force exerted to the self-closing valve 206 on the input passage side acts so as to bend the self-closing valve 206 on the output passage side. As a result, it is possible that the self-closing valve 206 on the output passage side could be deformed by a stress concentration, so that an oil leak is caused or the valve 206 is damaged during a long term use.
(b) The input side and the output side may be distinguished readily because the self-closing valve 206 on the input passage side is projected outward farther than that on the output passage side before being connected.
However, since similar self-closing valves 206, 206 are used for both the input passage side and the output passage side, one of the self-closing valves 206, 206 provided on the main circuit side is connectable to either of self-closing valves on the input side and on the output side provided on the sub-circuit side. Therefore, it is still possible that an operator could make a connection mistake similar to that possible in the above-mentioned first example.
|
{
"pile_set_name": "USPTO Backgrounds"
}
|
Q:
Load the content dynamically by hijax
I want to load the page without refreshing. While preferring ajax technique the URL won't crawl in SEO. So I am choosing Hijax techinique to change the content without reload. I am new to this technique. So Kindly anyone suggest the guide for this. Also Say whether it support the dynamic content load? Because I am choosing the content based on the primary key value.
Thanks in advance.
A:
I did something similar using JQuery alone.
If you attach an onClick to the links on your website, the search engines won't be able to trigger them as they are JS meaning that they can crawl properly. For a JS enabled browser you can catch the onClick, get the URL of the link clicked and then load that using AJAX into a div of your choice.
Here is the JS I used:
$(function(){
$("a.ajax_link").click(function(e){
ajaxLink(this, e);
});
});
function ajaxLink(item, e) {
var container = $("#ajax_container_wrapper");
var link;
if (e != null) {
e.preventDefault();
}
link = $(item).attr("href");
container.load(link);
}
And the hyperlink would be something like:
<a href="www.example.com" class="ajax_link">My Link</a>
This will load www.example.com into the ajax_container_wrapper div when the link is clicked. If you only want to load a portion of www.example.com then you can substitute this line:
link = $(item).attr("href");
with something like this:
link = $(item).attr("href") + " #some_div";
This will load the content of some_div on www.example.com into your ajax_container_wrapper.
|
{
"pile_set_name": "StackExchange"
}
|
How often do we dole out “the spiritual” to our children with a careful and steady measure while holding back the sweetest, deepest, richest, most moving lessons and discoveries the LORD has generously given us.
Overwhelm them with the wonderful!
Don’t hold back the best from your children, though it brings you to speechless tears or to your knees in worship. Share what the LORD has revealed to you about Himself and His Word. You will not become a fool in their eyes; you will be showing them a glimpse of the vast and unsearchable “depths of the riches of the wisdom and knowledge of God”. (see Romans 11:33-36; It takes my breathe away!)
S.O.S. – “Seeking One Savior”
It’s like I’ve just pulled back into port from a voyage across the Mediterranean, Tyrrhenian, and Aegean Seas with the apostle Paul, the Holy Spirit, and eight amazing women. I’ve been challenged, encouraged, and stretched beyond what I have previously experienced in preparing for and leading any other traditional Bible Study.
This entire journey with the apostle Paul began with my children asking a question in our study of Romans, and my becoming aware of how little I knew about Paul the man, despite having studied and lead others through most every one of his epistles. I have walked and sailed many a mile with him and his friends, and they have become so dear to me!
Leading women’s Bible studies took a back burner a couple years ago to the more significant calling of this season of my life: teaching the Bible to my own children, not just a subject for home school but as my passion and mission, intentionally investing the time and single minded passion that I would devote to a study I’d lead for others.
I am still discipling and encouraging women, but for the few years I have with my kids in the home, others will receive the overflow of what gushes forth from my home, as opposed to my children receiving the trickle that is left from what I pour into the lives of those outside my home. (As I mentioned in my manifesto, my whole-hearted devotion is to God Himself, and in this season of life, it would be disobedience to His clear directions to have His secondary calling on my life take a mental and emotional precedent over my ministry to love and encourage my husband and to teach and serve my children.)
So all the while that I was on this 9 month adventure with the Holy Spirit and Paul, and my kids and I were plodding along through the first 5 chapters of Romans, in the back of my mind was an anticipation of a summer adventure with my children through the life of Paul. Now, all the prep work is done, and much of it tried out on a handful of fabulous female guinea-pigs; so I say, “Let the fun begin!”
Here’s my suggestion to you,
…regardless of whether you choose to use any of these S.O.S. ideas, fill up first and then pour what you discover over your children.
It is wonderful to learn with your children. Our family tries to read the Bible through every year as a family. We read and discuss with no prior preparation, but how much deeper is our slower and methodical study and memorization of a section of Romans that I have previously studied and taught!
My kids and I are about to study the life of Paul, but if that does not resonate with you, choose something else…
the timeline and travels of the Patriarchs
the long line of Kings of Israel and Judah (and then the prophets that spoke to them)
the life of Christ (Is there a better study?)
the attributes of God
character qualities
Dive in! Go deep! Study for yourself and teach your children!
Wondering where to begin?
Why not start with the last post? Make yourself a “beach bag”, and call it whatever you want. Then encourage your older children and help the little ones to make a “Spiritual Survival Kit” of their own. Who wouldn’t love a special bag with a journal and fun supplies? Who wouldn’t enjoy creating a private place, a cozy corner to be their deserted island, to call their own?
Be creative! Don’t be legalistic!
You can inspire your kids to seek the LORD as they see you having fun seeking Him for yourself.
|
{
"pile_set_name": "Pile-CC"
}
|
// Copyright (c) 2012 The Chromium Authors. All rights reserved.
// Use of this source code is governed by a BSD-style license that can be
// found in the LICENSE file.
#include "components/ssl_config/ssl_config_service_manager.h"
#include <stdint.h>
#include <algorithm>
#include <string>
#include <vector>
#include "base/bind.h"
#include "base/feature_list.h"
#include "base/location.h"
#include "base/macros.h"
#include "base/single_thread_task_runner.h"
#include "base/strings/string_util.h"
#include "base/values.h"
#include "components/content_settings/core/browser/content_settings_utils.h"
#include "components/content_settings/core/common/content_settings.h"
#include "components/prefs/pref_change_registrar.h"
#include "components/prefs/pref_member.h"
#include "components/prefs/pref_registry_simple.h"
#include "components/prefs/pref_service.h"
#include "components/ssl_config/ssl_config_prefs.h"
#include "components/ssl_config/ssl_config_switches.h"
#include "net/ssl/ssl_cipher_suite_names.h"
#include "net/ssl/ssl_config_service.h"
namespace base {
class SingleThreadTaskRunner;
}
namespace {
// Converts a ListValue of StringValues into a vector of strings. Any Values
// which cannot be converted will be skipped.
std::vector<std::string> ListValueToStringVector(const base::ListValue* value) {
std::vector<std::string> results;
results.reserve(value->GetSize());
std::string s;
for (base::ListValue::const_iterator it = value->begin(); it != value->end();
++it) {
if (!(*it)->GetAsString(&s))
continue;
results.push_back(s);
}
return results;
}
// Parses a vector of cipher suite strings, returning a sorted vector
// containing the underlying SSL/TLS cipher suites. Unrecognized/invalid
// cipher suites will be ignored.
std::vector<uint16_t> ParseCipherSuites(
const std::vector<std::string>& cipher_strings) {
std::vector<uint16_t> cipher_suites;
cipher_suites.reserve(cipher_strings.size());
for (std::vector<std::string>::const_iterator it = cipher_strings.begin();
it != cipher_strings.end(); ++it) {
uint16_t cipher_suite = 0;
if (!net::ParseSSLCipherString(*it, &cipher_suite)) {
LOG(ERROR) << "Ignoring unrecognized or unparsable cipher suite: " << *it;
continue;
}
cipher_suites.push_back(cipher_suite);
}
std::sort(cipher_suites.begin(), cipher_suites.end());
return cipher_suites;
}
// Returns the SSL protocol version (as a uint16_t) represented by a string.
// Returns 0 if the string is invalid.
uint16_t SSLProtocolVersionFromString(const std::string& version_str) {
uint16_t version = 0; // Invalid.
if (version_str == switches::kSSLVersionTLSv1) {
version = net::SSL_PROTOCOL_VERSION_TLS1;
} else if (version_str == switches::kSSLVersionTLSv11) {
version = net::SSL_PROTOCOL_VERSION_TLS1_1;
} else if (version_str == switches::kSSLVersionTLSv12) {
version = net::SSL_PROTOCOL_VERSION_TLS1_2;
}
return version;
}
const base::Feature kDHECiphersFeature{
"DHECiphers", base::FEATURE_DISABLED_BY_DEFAULT,
};
} // namespace
////////////////////////////////////////////////////////////////////////////////
// SSLConfigServicePref
// An SSLConfigService which stores a cached version of the current SSLConfig
// prefs, which are updated by SSLConfigServiceManagerPref when the prefs
// change.
class SSLConfigServicePref : public net::SSLConfigService {
public:
explicit SSLConfigServicePref(
const scoped_refptr<base::SingleThreadTaskRunner>& io_task_runner);
// Store SSL config settings in |config|. Must only be called from IO thread.
void GetSSLConfig(net::SSLConfig* config) override;
private:
// Allow the pref watcher to update our internal state.
friend class SSLConfigServiceManagerPref;
~SSLConfigServicePref() override {}
// This method is posted to the IO thread from the browser thread to carry the
// new config information.
void SetNewSSLConfig(const net::SSLConfig& new_config);
// Cached value of prefs, should only be accessed from IO thread.
net::SSLConfig cached_config_;
scoped_refptr<base::SingleThreadTaskRunner> io_task_runner_;
DISALLOW_COPY_AND_ASSIGN(SSLConfigServicePref);
};
SSLConfigServicePref::SSLConfigServicePref(
const scoped_refptr<base::SingleThreadTaskRunner>& io_task_runner)
: io_task_runner_(io_task_runner) {}
void SSLConfigServicePref::GetSSLConfig(net::SSLConfig* config) {
DCHECK(io_task_runner_->BelongsToCurrentThread());
*config = cached_config_;
}
void SSLConfigServicePref::SetNewSSLConfig(const net::SSLConfig& new_config) {
net::SSLConfig orig_config = cached_config_;
cached_config_ = new_config;
ProcessConfigUpdate(orig_config, new_config);
}
////////////////////////////////////////////////////////////////////////////////
// SSLConfigServiceManagerPref
// The manager for holding and updating an SSLConfigServicePref instance.
class SSLConfigServiceManagerPref : public ssl_config::SSLConfigServiceManager {
public:
SSLConfigServiceManagerPref(
PrefService* local_state,
const scoped_refptr<base::SingleThreadTaskRunner>& io_task_runner);
~SSLConfigServiceManagerPref() override {}
// Register local_state SSL preferences.
static void RegisterPrefs(PrefRegistrySimple* registry);
net::SSLConfigService* Get() override;
private:
// Callback for preference changes. This will post the changes to the IO
// thread with SetNewSSLConfig.
void OnPreferenceChanged(PrefService* prefs, const std::string& pref_name);
// Store SSL config settings in |config|, directly from the preferences. Must
// only be called from UI thread.
void GetSSLConfigFromPrefs(net::SSLConfig* config);
// Processes changes to the disabled cipher suites preference, updating the
// cached list of parsed SSL/TLS cipher suites that are disabled.
void OnDisabledCipherSuitesChange(PrefService* local_state);
PrefChangeRegistrar local_state_change_registrar_;
// The local_state prefs (should only be accessed from UI thread)
BooleanPrefMember rev_checking_enabled_;
BooleanPrefMember rev_checking_required_local_anchors_;
StringPrefMember ssl_version_min_;
StringPrefMember ssl_version_max_;
BooleanPrefMember dhe_enabled_;
// The cached list of disabled SSL cipher suites.
std::vector<uint16_t> disabled_cipher_suites_;
scoped_refptr<SSLConfigServicePref> ssl_config_service_;
scoped_refptr<base::SingleThreadTaskRunner> io_task_runner_;
DISALLOW_COPY_AND_ASSIGN(SSLConfigServiceManagerPref);
};
SSLConfigServiceManagerPref::SSLConfigServiceManagerPref(
PrefService* local_state,
const scoped_refptr<base::SingleThreadTaskRunner>& io_task_runner)
: ssl_config_service_(new SSLConfigServicePref(io_task_runner)),
io_task_runner_(io_task_runner) {
DCHECK(local_state);
// Restore DHE-based ciphers if enabled via features.
// TODO(davidben): Remove this when the removal has succeeded.
// https://crbug.com/619194.
if (base::FeatureList::IsEnabled(kDHECiphersFeature)) {
local_state->SetDefaultPrefValue(ssl_config::prefs::kDHEEnabled,
new base::FundamentalValue(true));
}
PrefChangeRegistrar::NamedChangeCallback local_state_callback =
base::Bind(&SSLConfigServiceManagerPref::OnPreferenceChanged,
base::Unretained(this), local_state);
rev_checking_enabled_.Init(ssl_config::prefs::kCertRevocationCheckingEnabled,
local_state, local_state_callback);
rev_checking_required_local_anchors_.Init(
ssl_config::prefs::kCertRevocationCheckingRequiredLocalAnchors,
local_state, local_state_callback);
ssl_version_min_.Init(ssl_config::prefs::kSSLVersionMin, local_state,
local_state_callback);
ssl_version_max_.Init(ssl_config::prefs::kSSLVersionMax, local_state,
local_state_callback);
dhe_enabled_.Init(ssl_config::prefs::kDHEEnabled, local_state,
local_state_callback);
local_state_change_registrar_.Init(local_state);
local_state_change_registrar_.Add(ssl_config::prefs::kCipherSuiteBlacklist,
local_state_callback);
OnDisabledCipherSuitesChange(local_state);
// Initialize from UI thread. This is okay as there shouldn't be anything on
// the IO thread trying to access it yet.
GetSSLConfigFromPrefs(&ssl_config_service_->cached_config_);
}
// static
void SSLConfigServiceManagerPref::RegisterPrefs(PrefRegistrySimple* registry) {
net::SSLConfig default_config;
registry->RegisterBooleanPref(
ssl_config::prefs::kCertRevocationCheckingEnabled,
default_config.rev_checking_enabled);
registry->RegisterBooleanPref(
ssl_config::prefs::kCertRevocationCheckingRequiredLocalAnchors,
default_config.rev_checking_required_local_anchors);
registry->RegisterStringPref(ssl_config::prefs::kSSLVersionMin,
std::string());
registry->RegisterStringPref(ssl_config::prefs::kSSLVersionMax,
std::string());
registry->RegisterListPref(ssl_config::prefs::kCipherSuiteBlacklist);
registry->RegisterBooleanPref(ssl_config::prefs::kDHEEnabled,
default_config.dhe_enabled);
}
net::SSLConfigService* SSLConfigServiceManagerPref::Get() {
return ssl_config_service_.get();
}
void SSLConfigServiceManagerPref::OnPreferenceChanged(
PrefService* prefs,
const std::string& pref_name_in) {
DCHECK(prefs);
if (pref_name_in == ssl_config::prefs::kCipherSuiteBlacklist)
OnDisabledCipherSuitesChange(prefs);
net::SSLConfig new_config;
GetSSLConfigFromPrefs(&new_config);
// Post a task to |io_loop| with the new configuration, so it can
// update |cached_config_|.
io_task_runner_->PostTask(FROM_HERE,
base::Bind(&SSLConfigServicePref::SetNewSSLConfig,
ssl_config_service_.get(), new_config));
}
void SSLConfigServiceManagerPref::GetSSLConfigFromPrefs(
net::SSLConfig* config) {
// rev_checking_enabled was formerly a user-settable preference, but now
// it is managed-only.
if (rev_checking_enabled_.IsManaged())
config->rev_checking_enabled = rev_checking_enabled_.GetValue();
else
config->rev_checking_enabled = false;
config->rev_checking_required_local_anchors =
rev_checking_required_local_anchors_.GetValue();
std::string version_min_str = ssl_version_min_.GetValue();
std::string version_max_str = ssl_version_max_.GetValue();
config->version_min = net::kDefaultSSLVersionMin;
config->version_max = net::kDefaultSSLVersionMax;
uint16_t version_min = SSLProtocolVersionFromString(version_min_str);
uint16_t version_max = SSLProtocolVersionFromString(version_max_str);
if (version_min) {
config->version_min = version_min;
}
if (version_max) {
uint16_t supported_version_max = config->version_max;
config->version_max = std::min(supported_version_max, version_max);
}
config->disabled_cipher_suites = disabled_cipher_suites_;
config->dhe_enabled = dhe_enabled_.GetValue();
}
void SSLConfigServiceManagerPref::OnDisabledCipherSuitesChange(
PrefService* local_state) {
const base::ListValue* value =
local_state->GetList(ssl_config::prefs::kCipherSuiteBlacklist);
disabled_cipher_suites_ = ParseCipherSuites(ListValueToStringVector(value));
}
////////////////////////////////////////////////////////////////////////////////
// SSLConfigServiceManager
namespace ssl_config {
// static
SSLConfigServiceManager* SSLConfigServiceManager::CreateDefaultManager(
PrefService* local_state,
const scoped_refptr<base::SingleThreadTaskRunner>& io_task_runner) {
return new SSLConfigServiceManagerPref(local_state, io_task_runner);
}
// static
void SSLConfigServiceManager::RegisterPrefs(PrefRegistrySimple* registry) {
SSLConfigServiceManagerPref::RegisterPrefs(registry);
}
} // namespace ssl_config
|
{
"pile_set_name": "Github"
}
|
require "test_helper"
class MessagesChannelTest < ActionCable::Channel::TestCase
# test "subscribes" do
# subscribe
# assert subscription.confirmed?
# end
end
|
{
"pile_set_name": "Github"
}
|
<?xml version="1.0" encoding="UTF-8" standalone="no"?>
<document type="com.apple.InterfaceBuilder3.CocoaTouch.Storyboard.XIB" version="3.0" toolsVersion="11201" systemVersion="15G1004" targetRuntime="iOS.CocoaTouch" propertyAccessControl="none" useAutolayout="YES" useTraitCollections="YES" colorMatched="YES" initialViewController="BYZ-38-t0r">
<dependencies>
<deployment identifier="iOS"/>
<plugIn identifier="com.apple.InterfaceBuilder.IBCocoaTouchPlugin" version="11161"/>
<capability name="Constraints to layout margins" minToolsVersion="6.0"/>
<capability name="documents saved in the Xcode 8 format" minToolsVersion="8.0"/>
</dependencies>
<scenes>
<!--View Controller-->
<scene sceneID="tne-QT-ifu">
<objects>
<viewController id="BYZ-38-t0r" customClass="ViewController" customModule="Colors" customModuleProvider="target" sceneMemberID="viewController">
<layoutGuides>
<viewControllerLayoutGuide type="top" id="y3c-jy-aDJ"/>
<viewControllerLayoutGuide type="bottom" id="wfy-db-euE"/>
</layoutGuides>
<view key="view" contentMode="scaleToFill" id="8bC-Xf-vdC">
<rect key="frame" x="0.0" y="0.0" width="375" height="667"/>
<autoresizingMask key="autoresizingMask" widthSizable="YES" heightSizable="YES"/>
<subviews>
<label opaque="NO" userInteractionEnabled="NO" tag="1" contentMode="left" text="UIColor+Expression allows you to set colours using strings. Either with hex values in various formats..." textAlignment="center" lineBreakMode="wordWrap" numberOfLines="0" minimumFontSize="10" preferredMaxLayoutWidth="280" translatesAutoresizingMaskIntoConstraints="NO" id="q2J-8i-1LC">
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" tag="1" contentMode="left" text="Or using predefined color constant names (case insensitive)..." textAlignment="center" lineBreakMode="wordWrap" numberOfLines="0" minimumFontSize="10" preferredMaxLayoutWidth="280" translatesAutoresizingMaskIntoConstraints="NO" id="kQK-Xm-4SX">
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" tag="1" contentMode="left" text="Or using the rgb() and rgba() functions..." textAlignment="center" lineBreakMode="wordWrap" numberOfLines="0" minimumFontSize="10" preferredMaxLayoutWidth="280" translatesAutoresizingMaskIntoConstraints="NO" id="cvB-p5-ToR">
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#fff" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="xM5-YQ-x05" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="56" minY="117" width="42" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#ff0000" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="cFV-zY-qq7" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="80" minY="158.5" width="58" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#555" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="wet-tq-CE0" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="52" minY="200" width="58" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#00Ff00" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="pbR-dv-SbZ" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="142" minY="119" width="67" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#ff5500" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="HD5-uQ-8LZ" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="270.5" minY="190" width="63" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#ffff00" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="dqx-9j-QOs" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="266" minY="117" width="58" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#000000FF" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="drN-Q7-VbA" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="201" minY="150.5" width="91" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="#FF000055" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="4ss-na-n6H" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="156" minY="199" width="90.5" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="RED" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="r4x-6M-Js6" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="56" minY="315.5" width="42" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
<label opaque="NO" userInteractionEnabled="NO" contentMode="left" fixedFrame="YES" text="rgb(255, 127, 0)" lineBreakMode="tailTruncation" minimumFontSize="10" translatesAutoresizingMaskIntoConstraints="NO" id="9zb-re-lYq" customClass="ColorLabel" customModule="Colors" customModuleProvider="target">
<frame key="frameInset" minX="51" minY="524.5" width="120" height="20.5"/>
<autoresizingMask key="autoresizingMask" flexibleMaxX="YES" flexibleMaxY="YES"/>
<fontDescription key="fontDescription" type="system" pointSize="17"/>
<color key="textColor" cocoaTouchSystemColor="darkTextColor"/>
<nil key="highlightedColor"/>
</label>
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{
"pile_set_name": "Github"
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Q:
iptables LOG and DROP in one rule
I am trying to log outgoing connections with iptables. What I want is, drop and accept connection while logging them also. I have found that -j option takes DROP/REJECT/ACCEPT/LOG. But I want to do something like DROP and LOG or ACCEPT and LOG. Is there a way to achieve this ?
A:
Although already over a year old, I stumbled across this question a couple of times on other Google search and I believe I can improve on the previous answer for the benefit of others.
Short answer is you cannot combine both action in one line, but you can create a chain that does what you want and then call it in a one liner.
Let's create a chain to log and accept:
iptables -N LOG_ACCEPT
And let's populate its rules:
iptables -A LOG_ACCEPT -j LOG --log-prefix "INPUT:ACCEPT:" --log-level 6
iptables -A LOG_ACCEPT -j ACCEPT
Now let's create a chain to log and drop:
iptables -N LOG_DROP
And let's populate its rules:
iptables -A LOG_DROP -j LOG --log-prefix "INPUT:DROP: " --log-level 6
iptables -A LOG_DROP -j DROP
Now you can do all actions in one go by jumping (-j) to you custom chains instead of the default LOG / ACCEPT / REJECT / DROP:
iptables -A <your_chain_here> <your_conditions_here> -j LOG_ACCEPT
iptables -A <your_chain_here> <your_conditions_here> -j LOG_DROP
A:
Example:
iptables -A INPUT -j LOG --log-prefix "INPUT:DROP:" --log-level 6
iptables -A INPUT -j DROP
Log Exampe:
Feb 19 14:18:06 servername kernel: INPUT:DROP:IN=eth1 OUT= MAC=aa:bb:cc:dd:ee:ff:11:22:33:44:55:66:77:88 SRC=x.x.x.x DST=x.x.x.x LEN=48 TOS=0x00 PREC=0x00 TTL=117 ID=x PROTO=TCP SPT=x DPT=x WINDOW=x RES=0x00 SYN URGP=0
Other options:
LOG
Turn on kernel logging of matching packets. When this option
is set for a rule, the Linux kernel will print some
information on all matching packets
(like most IP header fields) via the kernel log (where it can
be read with dmesg or syslogd(8)). This is a "non-terminating
target", i.e. rule traversal
continues at the next rule. So if you want to LOG the packets
you refuse, use two separate rules with the same matching
criteria, first using target LOG
then DROP (or REJECT).
--log-level level
Level of logging (numeric or see syslog.conf(5)).
--log-prefix prefix
Prefix log messages with the specified prefix; up to 29
letters long, and useful for distinguishing messages in
the logs.
--log-tcp-sequence
Log TCP sequence numbers. This is a security risk if the
log is readable by users.
--log-tcp-options
Log options from the TCP packet header.
--log-ip-options
Log options from the IP packet header.
--log-uid
Log the userid of the process which generated the packet.
A:
At work, I needed to log and block SSLv3 connections on ports 993 (IMAPS) and 995 (POP3S) using iptables. So, I combined Gert van Dijk's How to take down SSLv3 in your network using iptables firewall? (POODLE) with Prevok's answer and came up with this:
iptables -N SSLv3
iptables -A SSLv3 -j LOG --log-prefix "SSLv3 Client Hello detected: "
iptables -A SSLv3 -j DROP
iptables -A INPUT \
-p tcp \! -f -m multiport --dports 993,995 \
-m state --state ESTABLISHED -m u32 --u32 \
"0>>22&0x3C@ 12>>26&0x3C@ 0 & 0xFFFFFF00=0x16030000 && \
0>>22&0x3C@ 12>>26&0x3C@ 2 & 0xFF=0x01 && \
0>>22&0x3C@ 12>>26&0x3C@ 7 & 0xFFFF=0x0300" \
-j SSLv3
Explanation
To LOG and DROP, create a custom chain (e.g. SSLv3):
iptables -N SSLv3
iptables -A SSLv3 -j LOG --log-prefix "SSLv3 Client Hello detected: "
iptables -A SSLv3 -j DROP
Then, redirect what you want to LOG and DROP to that chain (see -j SSLv3):
iptables -A INPUT \
-p tcp \! -f -m multiport --dports 993,995 \
-m state --state ESTABLISHED -m u32 --u32 \
"0>>22&0x3C@ 12>>26&0x3C@ 0 & 0xFFFFFF00=0x16030000 && \
0>>22&0x3C@ 12>>26&0x3C@ 2 & 0xFF=0x01 && \
0>>22&0x3C@ 12>>26&0x3C@ 7 & 0xFFFF=0x0300" \
-j SSLv3
Note: mind the order of the rules. Those rules did not work for me until I put them above this one I had on my firewall script:
iptables -A INPUT -m state --state ESTABLISHED,RELATED -j ACCEPT
|
{
"pile_set_name": "StackExchange"
}
|
#!/bin/bash
DIR=`dirname $0`
python $DIR/../shadysim/shadysim.py $@
|
{
"pile_set_name": "Github"
}
|
#pragma once
#include <QFile>
#include <QNetworkReply>
#include "masterdialog.h"
namespace Ui {
class AttachmentDialog;
}
class AttachmentDialog : public MasterDialog {
Q_OBJECT
public:
explicit AttachmentDialog(QWidget *parent = nullptr);
~AttachmentDialog();
QFile *getFile();
QString getTitle();
public slots:
void accept();
private slots:
void on_openButton_clicked();
void on_fileEdit_textChanged(const QString &arg1);
void on_downloadButton_clicked();
void downloadProgress(qint64 bytesReceived, qint64 bytesTotal);
void slotReplyFinished(QNetworkReply *reply);
private:
Ui::AttachmentDialog *ui;
QNetworkAccessManager *_networkManager;
bool _accept = false;
};
|
{
"pile_set_name": "Github"
}
|
Pages
Friday, November 15, 2013
Improving Back Hand Distance
I watch an absurd a reasonable (depending on who you ask) amount of disc golf on youtube and the one thing I've noticed in the difference between the top pros and the top Am's is how consistent the pros are. Top pros will put a 200' shot within 30' of a pin 9 out of 10 times. At the core of consistency in most sports is creating body mechanics that are reproducible. Consider a pro baseball pitcher throwing a pitch or a pro tennis player hitting a serve: each repetition is nearly indistinguishable from the next. Once it's completely reproducible - it's much easier to be consistent and can be counted on to go where you want it to.Can I say that about my disc golf form?
But I can say that about the top pros and while I know I'm not ever going to be pro - I am constantly working to improve my game. I think everybody enjoys disc golf more when they're playing better and these pros are some of the best.
Improving my backhand is not about just adding distance. Adding distance at the cost of accuracy is at best a wash and at worst a huge loss. I'm focused on increasing distance and improving accuracy but that's much easier said than done.
A fantastic video popped up on youtube that shows Paul McBeth (TopLeft), Will Schusterick (TopRight), Jeremy Koling (BottomLeft) and Dave Feldberg (Bottom Right) in slow motion on a distance drive. Being able to really see what they're doing is a fantastic tool.
Take a look at the video of the top card from EO2013: Watch this clip and tell me these guys aren't smoother than hot butter on polished ice.
Everybody is built a little different - but for the most part - none of these guys is looking back further than about 90 degrees off the target during the reach back. Will Schusterick does take a slightly further look back - and McBeth takes slightly less. It's just a split second, but by keeping eyes on the target does seem to improve accuracy. Less look back should help accuracy but comes at a cost if it stops your shoulders from turning back squarely. You can see that McBeth doesn't turn his shoulders back nearly as much as Will. Will and Big Jerm both have their shoulders squared up like they're leaning against a wall at the front of the teebox.
For me, getting an open shoulder turn and a strong upper body rotation is important but I try to balance it with keeping my head from dipping too far back in the reach back. McBeth makes it work and throws just as far as anybody - because whatever he loses in having less shoulder rotation he makes up for in accuracy and a monster snap. In the frame above - the disc is at the furthest point back in all of their reach backs. They've all set the front foot and now all of their run up momentum is beginning the transfer to the front leg. Paul and Will are both noticeably bending their knees. I have had more success with keeping my knees more bent versus less bent - it makes transferring weight smoother and puts me in a very balanced and athletic power stance.And a big takeaway is that from this position - they are set to use all the main muscle groups in their bodies to transfer their energy into the disc. You can tell that if they were pulling your hand, they'd rip your arm off.It's also worth noting that w/ the exception of big Jerm in the bottom left, everybody has their front foot planted at an exact 90 degrees from their trajectory during the weight shift. Jermey is huge and keeps a more open stance.So the disc travels back in the reach back smoothly and relatively slowly, comes back to the chest relatively slowly and doesn't actually start to accelerate massively until it it's pulled into the center of their chest. Dave Feldberg has talked about the fact that you want your disc to remain on the angle you plan to release it through the reach back. If you are throwing a flat release, the disc should be flat in the reach back.
Next screen capture - all their weight is now on the front leg ready to go into their arm. Back foot is up on the toe (weight is fully off the back leg) - and you can see that they're all leading with the elbow. Feldberg is the anomaly here - he creates more of a tightening arc with his pull. The rest are all driving their elbows forward - chins down and very importantly their disc-hand is on the outside edge of the disc. You aren't pulling the disc forward with your hand on the front of the disc. Hand on the outside when the disc is close to your chest.
And here's why: this shot perfectly show the levering action of the disc almost coming out of their hands while their arm is opening up and your hand rotates to the front of the disc. Squeezing your grip extra hard right before you release it with a small thought of "I want this disc to lever out between my thumb and index finger" has helped me. You want to fight the torque as long as possible, keeping the wrist straight as late as you can.
From the point where your hand is at the front of the disc, the wrist extends open maybe an inch, and at that point you aren't going to be holding onto the disc long. Clamp down like a monster, and let the disc lever out between your fore finger and thumb.Lets dig in a bit into WHY does all this make the disc fly further. What each of the pros above are doing is throwing a disc faster than their arm speed. They're imparting huge spin on the disc by pulling their hand very quickly from the outside of the disc to the front. The longer they wait to have their hand pop through that distance - the faster the disc will spin and the more it will accelerate. Furthermore, the faster a disc is spinning - the longer it will stay spinning. Once a disc stops spinning at a certain rate - the force keeping the left edge of the disc up will start pointing down and your disc will fade left.A very accurate analogy that I've read about is if you were to consider yourself throwing a hammer. If you held the end of the hammer and swung it so that you were whipping it out of your hand - you could throw it much faster than your hand is traveling. If you don't whip it, it will only travel at your hand speed. We're throwing discs the same way, but our whip comes from moving our hand from the outside of the disc to the front before it's ripped from our fingers.In getting my drives to go further, I realized that there was basically no more physical exertion in the action. I don't do anything faster, stronger or much harder. I simply had to start delay the release more and make sure to keep the disc nose down and squeeze harder on my grip right before the hit.My run-up is slow and doesn't generate a ton of energy. It's something I know I need to improve - but the more I try to put into my run-up the worse things get. It adds hitches in the giddy-up as they say down south. Getting from 400' to 500' is going to be much harder I'm sure.Lastly, choosing the right disc is important and unfortunately it's extremely dependent on personal preference. Everybody has a disc they'll tell you is awesome for this or that, but the reality is that a disc that I liked 8 weeks ago for distance is now too flippy. As you gain snap and power - you're going to overpower discs that you used to be fine with. Adding weight to the disc will add stability to a disc, so if you find yourself turning over a disc mold that you love - try throwing one that's 5-10 grams heavier.
Learning how to throw further and more accurately is frustrating and hard, and ultimately it comes with throwing for hours in a field and using what works. Many people have argued that throwing longer distance is not really needed. That being accurate trumps distance any day of the week and that's very true in certain places, but if I'm trying to improve all aspects of my game - and this is part of it. Being able to park a 350' hole so I don't have to sweat an approach or long putt means I'm way more likely to be able to birdie it.
Good post. I like how you analyzed the video. I have seen it a few times, but never really went frame by frame with it. You got me thinking about what I am doing that prevents me from increasing my distance now, and have me itching to do some field practice.
Thanks, I had watched it a few times as well and then started noticing how Will really turns that left shoulder back and that got me thinking. As soon as I tried to turn my left shoulder back more - it ended up causing my release to be too nose down. It will take some adjusting for sure - but it works.
So I recently came back to this article today - I've been revamping my shot after having my "rock bottom" round at a tournament back in November and decided January 1 to just start over and rebuild. Had a lot of help from a sponsored pro friend of mine who worked field work with me for a couple days a week for a few weeks. Been feeling good and read this article again this morning. The biggest observation for me, and the only thing I took into account was your second screen capture and hand position. I'm not lying, it instantly added 40 feet to my drives. I was so taken aback watching shots sail over the goal post 300 feet away from me in the soccer field and landing a good 30-50 feet past. I know I have a long ways to go but this was monumental how awesome that one fix was to my shot! Thanks!
I'm stoked to hear that! It really is awesome when you make a breakthrough and see the disc stay in the air that much longer. I recently started throwing a 171 Echo Star Teebird and last week there was a slight tail wind and that thing went 400' and I was just slack jawed. I didn't do anything different exect slow down everything and pulled it tighter to my chest and tried to keep everything loose. Days like that are the reason I love disc golf so much.
Another thing to consider, Paul McBeth and Jared Roan (not pictured above) use their middle finger as a release point rather than their index finger, this allows a cleaner release minimizing off axis torque (wobbling of the disc) which improves flight and reduces drag allowing for more efficient utilization of energy
Good point Joshua, I think grip is place where a huge difference can be made in my game. I've gone to the Climo grip on all my approach shots and the power grip for drives. The Climo grip has really helped stop OAT for midrange, but I definitely still hear the tell-tale flutter on drives if I am not careful.
Thank you for a great post. I am happy to see that people are getting interested in the mechanics of throwing. Just like you said gripping the disc is of big importance, if you don't its like letting the ball roll of the tee in golf. Another thing I believe is a key moment in the throwing motion is hip/ trunk separation, a topic well discussed in baseball. With that in mind, I believe the initial throwing motion of the disc is more about positioning the arm right, and in the end phase it is about making use of ground forces at the right time. In the video; when the disc is traveling past their left arm you can see the force traveling through their right hip, this increases the hip rotational forces. Subsequently this become the groundwork for the explosive end rotation of the trunk. Initiating trunk rotation too early leads the force potential from the hips down again. So its all a kinetic chain, maybe not to new to you guys. But it's often forgotten! Moreover, it would be very interesting to see EMG measurements of these throwers since the shoulder activation is rarely discussed. As a tip I just want to point out to everyone that its fairly simple to make good use of this footage. Download the clip with use of VLC streaming, instructions can be found on google. Then get yourself Kinovea its free, and awesome. Keep it eclectic!
It's absolutely true and for me at least it seems like the runup or x step is much less important than a late acceleration with a loose arm. My biggest throws out to 400 are almost slow feeling with a good smooth rotation. I'll absolutely be downloading kinovea, it looks incredible!
Thank you for focusing on what is most attainable for mere mortals. While all 4 pros have remarkably similar footwork, call it 'Power right, HOP!!! back left, plant right', I think many ordinary athletes will struggle duplicating it. But all the points you make later in the throw can be mastered with a single 'plant step' by most intermediates or most commonly with the 3 step scissor or x-step (without the hop, at least at first) by typical advanced players. We probably won't get from 400' up to 500' but we just might get from 300' up to 400'.
Thanks Robert and I agree - getting out to 400 seems to be mostly improving the core fundamentals of good form and letting the disc do the work for you (not trying to throw the disc far). Going beyond that seems like it is going to be micro improvements that might net you another 5-10' and take much more time to see improvements.
|
{
"pile_set_name": "Pile-CC"
}
|
public class LeetCode_169_085 {
}
/**
* @Package:
* @ClassName: MajorityElement
* @Description: 给定一个大小为 n 的数组，找到其中的众数。众数是指在数组中出现次数大于 ⌊ n/2 ⌋ 的元素。
* *************你可以假设数组是非空的，并且给定的数组总是存在众数。
* @leetcode_url:https://leetcode-cn.com/problems/majority-element/
* @Author: wangzhao
* @Date: 2019-05-12 09:49:03
* @Version: 1.0.0
* @Since: 1.8
**/
class MajorityElement {
public int majorityElement(int[] nums) {
if (nums == null || nums.length == 0) {
return -1;
}
int count = 0;
int majority = -1;
for (int num : nums) {
if (count == 0) {
majority = num;
count++;
} else {
if (majority == num) {
count++;
} else {
count--;
}
}
}
if (count <= 0) {
return -1;
}
int counter = 0;
for (int num : nums) {
if (num == majority) {
counter++;
}
}
if (counter > nums.length / 2) {
return majority;
}
return -1;
}
public static void main(String[] args) {
int[] nums = {2, 2, 1, 1, 1, 2, 2};
int num = new MajorityElement().majorityElement(nums);
System.out.println(num);
}
}
|
{
"pile_set_name": "Github"
}
|
Search
by Teresa Silva
Outfit Idea #2
Hi everyone! I created an outfit idea for these sunny (but yet a bit cold) days. Not too fresh but cozy with an oversized blazer. Spring is more about bright colors but I never cease to be inspired by the white-black-grey combo. In my opinion, it works every time for any occasion. And always gives us a classic touch. I hope you feel inspired!
|
{
"pile_set_name": "Pile-CC"
}
|
The effect of iron therapy on the exercise capacity of nonanemic iron-deficient adolescent runners.
Iron-deficiency anemia impairs exercise capacity, but whether nonanemic iron depletion decreases endurance performance is unclear. In 14 iron-deficient (serum ferritin level, less than 20 micrograms/L [less than 20 ng/L])nonanemic runners, hematologic and treadmill running values were followed up during a competitive season. Following a four-week control period, runners were treated for one month in a double-blind protocol with ferrous sulfate (975 mg/d) or placebo. During treatment, the mean ferritin level rose from 8.7 to 26.6 micrograms/L (8.7 to 26.6 ng/mL) in those patients taking iron and fell from 10.6 to 8.6 micrograms/L (10.7 to 8.6 ng/mL) in the placebo group. Treadmill endurance times improved significantly in the iron-treated runners compared with controls. Endurance time declined in all seven controls (range, 0.07 to 1.30 minutes), while six of seven iron-treated subjects improved their performance (range, 0.03 to 1.92 minutes). No significant differences in maximal or submaximal oxygen consumption, ventilation, or heart rate were observed between the groups except for a 4% increase in maximum oxygen consumption during placebo treatment. These data indicate that nonanemic iron deficiency impairs exercise performance but does not influence gas exchange or cardiac measures.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
How to Eat Healthy in CP: Applebee’s
Thursday night. Either you don’t have school tomorrow, or its just time to let loose already. Whatever your reason, Thursday night at Applebee’s is where its at.
Karaoke and half-priced apps. Did you hear me? KARAOKE AND HALF-PRICED APPS BABY.
Alright, I know that when that glorious Thursday finally rolls around, most of you aren’t thinking “hmm, how can I eat healthy tonight?” But hey, you have all weekend to be as unhealthy as you can be, so I’m going to make it as easy as possible to keep your diet on track no matter what you’re in the mood to eat.
Appetizers
Photo courtesy of Applebee’s
I gotta be honest, finding a healthy option on the appetizer menu is no easy feat. But since no broke college kid can respectably pass up half-priced food, my best recommendation is either the Grilled Chicken Wonton Tacos or the Classic Hot Buffalo Wings. Don’t make the mistake of ordering the boneless wings. While they may be easier to eat, those babies are breaded and fried.
Steak
Photo courtesy of Applebee’s
Believe it or not, red meat is not the devil. Go ahead, get that mouth-watering 7 oz. House Sirloin steak and be proud of it. But, beware of the sneaky fattening stuff some steak options are topped with, like the marsala wine sauce on the Marsala Mushroom Sirloin.
Chicken
Photo courtesy of Applebee’s
One of Applebee’s newest entrees made the cut as the healthiest chicken option on the menu, the Chicken and Shrimp Tequila Tango. Note: While the tequila on your chicken will not get you drunk, it should complement the tequila in your glass quite nicely.
Seafood
Photo courtesy of Applebee’s
It should come as no surprise that the Savory Cedar Salmon kicks ass in the seafood department. It’s loaded with essential Omega-3 fatty acids to help lower your cholesterol and your blood pressure, prevent blood clots, improve your memory, speed up your metabolism… I swear the list goes on forever.
Pasta
Photo courtesy of Applebee’s
You read the headline, how to eat HEALTHY in CP. What are you doing looking at the pasta section!? All I can offer you here is a tie for the least unhealthy refined carbohydrate-loaded meal. Take your pick: the Chicken Broccoli Pasta Alfredo or the Cajun Shrimp Pasta.
Alcohol!
Photo courtesy of Applebee’s
This section is for those of you who need a little push to get out there and belt some karaoke. Your healthiest choice is a classy glass of red wine. But since nobody goes to Applebee’s to act classy, I recommend those drinks with the fewest ingredients. Go for a cosmopolitan or a lemon drop martini, and then start practicing your do-re-mis.
|
{
"pile_set_name": "Pile-CC"
}
|
Heat shock proteins and cardiac protection.
The heat shock proteins (hsps) are expressed in normal cells but their expression is enhanced by a number of different stresses including heat and ischaemia. They play important roles in chaperoning the folding of other proteins and in protein degradation. In the heart a number of studies have shown that prior induction of the hsps by a mild stress has a protective effect against a more severe stress. Moreover, over-expression of an individual hsp in cardiac cells in culture or in the intact heart of either transgenic animals or using virus vectors, also produces a protective effect, directly demonstrating the ability of the hsps to produce protection. These findings indicate the potential importance of developing procedures for elevating hsp expression in a safe and efficient manner in human individuals using either pharmacological or gene therapy procedures.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
977 S.W.2d 137 (1998)
Leon Jerome JOHNSON, Appellant,
v.
The STATE of Texas, Appellee.
No. 872-97.
Court of Criminal Appeals of Texas, En Banc.
September 30, 1998.
Eleanor Barnes, Houston, for appellant.
Jim Vollers, Special Prosecutor, Matthew Paul, State's Attorney, Austin, for State.
Before the court en banc.
OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW
PER CURIAM.
A jury convicted Appellant of attempted capital murder and assessed punishment at ninety-nine years of confinement and a $10,000 fine. On appeal, Appellant contended the trial court erred in denying his motion for a jury shuffle.[1] The State asserted that Appellant's attorney had previously received a shuffle and that counsel's acquiescence to that shuffle waived any claim about its propriety. The Court of Appeals reversed the judgment and remanded the case for a new trial, holding that the trial court erred in denying the requested shuffle. Johnson v. State, 944 S.W.2d 739 (Tex.App.Corpus Christi 1997). We granted the State's petition for discretionary review, which raises nine grounds claiming error in the Court of Appeals' decision.
The following occurred at trial:
PROSECUTOR: Your Honor, in all due respect, we need on the record that the defense counsel has asked for a shuffle prior to the jury being seated, because she has a right to have them seated.
THE COURT: I know. She said she doesn't want them seated that way.
PROSECUTOR: I understand.
After the venire was seated, sworn, and qualified, the following took place at the bench:
DEFENSE COUNSEL: Your Honor, I'm asking that the jury be shuffled again. We only have onethe Defendant is black. We only have one black venireman who is called for jury duty. He is seated in the very back and it will be impossible for him to even be considered foryou know, to *138 get on this jury panel. I'm asking that either we reshuffle the jury or that we dismiss the jury array and call a new array of prospective jurors.
THE COURT: All right. The panel was shuffled at the request of the Defendant and the Defendant is now asking for a second shuffle?
DEFENSE COUNSEL: Yes, Your Honor.
THE COURT: Which will be denied.
DEFENSE COUNSEL: Your Honor, would you please note my exception for the record because I was asked if I wanted the jury members to come in in the order that they had already been placed on the list and I said I was going to be asking for a shuffle, and the Judge ... I mean at the time that they came in you only qualified the jury. It was not a situation where we were getting ready to actually voir dire the jury or that they had actually been seated.
THE COURT: Mr. Bell [prosecutor]?
PROSECUTOR: Yes, Your Honor.
THE COURT: Go ahead. I want him to hear this.
DEFENSE COUNSEL: Okay. Initially I was asked did I want the jury panel to come in in the order they had already been written down in, the order they had been selected, or did I want them to come in in another manner. I said it didn't matter because I was going to ask for a shuffle in that the jury was only being qualified at that particular time.
And what I'm saying is there is only one black venireman who was called for jury duty. He is sitting in the very back. It would be impossible for him to be considered. You know, even if we do all our strikes, he would probably, in all probability, not be selected for the jury, and I am saying that I'm asking for another shuffle, or in the alternative, to dismiss this array totally and bring another array of jurors.
PROSECUTOR: First response is that that is not what counsel said in the first instance. What counsel said iscounsel was asked do you want the jury to come in and be seated before you request a shuffle. Counsel said no, that's not necessary, because irrespective of how they look when they're seated, I'm going to ask for a shuffle.
DEFENSE COUNSEL: I said I'm going to ask, right, I'm going to ask for a shuffle.
PROSECUTOR: Let me finish. So counsel then asked for a shuffle. She is only entitled to one shuffle. The Defendant is entitled to one shuffle. That shuffle's been made. She's not entitled to keep shuffling until she gets the people where she wants them. The State would object to any reshuffling. That shuffle has been done.
The only question before this Court, and I think the record is clear, is that counsel waived the right to have the jury brought in and seated before she requested a shuffle and specifically stated on the record that's not necessary because whatever they look like, I'm going to request a shuffle. She's had her shuffle and she's not entitled to two shuffles.
DEFENSE COUNSEL: Well, then, Your Honor, I'm also asking that this jury array be dismissed and that a new one be brought. My client is black. There was only one black person called foryou know, selected or who was sent notices to appear for jury duty, and he would be at a disadvantage at this point, and I'm asking that the whole array be dismissed and another one be called.
THE COURT: Motion denied.
The Court of Appeals set out general propositions of law concerning jury shuffles. A shuffle cannot take place until it is determined precisely which persons will constitute the jury panel for the case. Johnson, 944 S.W.2d at 741, citing Yanez v. State, 677 S.W.2d 62, 68 (Tex.Cr.App.1984). The parties have the right to view the entire venire in proper sequence before having the names shuffled, and a defendant cannot be deemed to have exercised his right to a jury shuffle without having had the opportunity to present the motion for a shuffle to the judge. Johnson, 944 S.W.2d at 741, citing Davis v. State, 782 S.W.2d 211, 214 (Tex.Cr.App.1989). Jury shuffles are to be performed in the courtroom. Johnson, 944 S.W.2d at 741, citing Stark v. State, 657 S.W.2d 115, 116 (Tex. Cr.App.1983). A defendant has a right to a *139 "reshuffle" if the original shuffle was caused by someone other than the State, such as the trial judge or court personnel. Johnson, 944 S.W.2d at 741, citing Wilkerson v. State, 681 S.W.2d 29, 30 (Tex.Cr.App.1984). A shuffle conducted by a court clerk prior to the seating of the panel does not satisfy the defendant's right to a shuffle. Johnson, 944 S.W.2d at 741, citing Stark, 657 S.W.2d at 116. When the trial court grants a defendant's written motion requesting that a shuffle be performed in a particular manner, and the defendant does not object to that procedure, he may not complain on appeal about the denial of his right to a jury shuffle. Johnson, 944 S.W.2d at 741, citing Valdez v. State, 472 S.W.2d 754, 757 (Tex.Cr.App. 1971).
The Court of Appeals then reviewed the facts surrounding the shuffling of the venire and reached the following conclusions. Appellant did not file a written pretrial motion asking that the jury be shuffled prior to the seating or qualification of the jury. Counsel was asked whether she wanted the jury to enter the courtroom in the order in which their names appeared on the list. Counsel expressed indifference because she planned to move for a shuffle after qualification. Counsel did not waive Appellant's right to view the panel seated before requesting a shuffle, as the State contended. Instead, she attempted to preserve that right. Some reordering of the jury occurred, by Appellant's acquiescence, but a bona fide shuffle cannot occur until it is determined which persons will constitute the jury panel. The reordering, or shuffling, that occurred preceded qualification. It is not clear whether that reordering was done in the courtroom. The trial court erred in denying the motion for a reshuffle of the jury, because the initial shuffle was legally incompetent. Johnson, 944 S.W.2d at 742.
The State argues that the Court of Appeals erred in holding that the initial reordering of the jury was legally incompetent. The State also contends that the court erred in holding that Appellant did not forfeit or waive any complaint about the procedural irregularities of that initial reordering. Appellant counters that the initial reordering was not done at the request of the State or defense counsel, so it was a sua sponte shuffle, which does not prevent a defendant from requesting a subsequent shuffle. Appellant asserts he did not invite error and that he only asked the trial court for one shuffle, which was denied. We agree with the State.
Complaints about jury shuffle error must be preserved. Sanders v. State, 942 S.W.2d 3, 5 (Tex.Cr.App.1997); Powell v. State, 897 S.W.2d 307, 310 (Tex.Cr.App.1994). To prevail on appeal, a defendant must raise a specific objection about the jury shuffle at trial. James v. State, 772 S.W.2d 84, 96 (Tex.Cr.App.1989). If Art. 35.11 has not been followed, and a defendant requested the improper procedure, appellate review of the impropriety is precluded. Valdez, 472 S.W.2d at 757.
Although in Valdez the appellant filed a written motion requesting the jury shuffle be done in a manner he later complained of on appeal, our holding that error was not preserved did not depend on the fact that the request was made in a written motion, as the Court of Appeals seems to have concluded in its analysis in the present case. Our holding was based on the fact that it was done at Valdez' request, regardless of whether the request was in writing. Moreover, nothing in this Court's opinions cited by the Court of Appeals suggests that a jury shuffle done improperly at a defendant's behest is void, contrary to the Court of Appeals' apparent conclusion in Appellant's case.
The trial judge was informed that Appellant asked for a shuffle before the venire was seated. Defense counsel asked that the jury be shuffled again, because counsel was unhappy with the result of the first reordering. The judge asked if the panel had been shuffled at Appellant's request and if Appellant was asking for a second shuffle. Appellant's attorney answered affirmatively. In the discussion that followed, Appellant's attorney never argued that there were procedural irregularities in the jury shuffle or reordering. Defense counsel explained what happened and stated that the panel was only coming into the courtroom to be qualified and that the panel had not yet been seated at that time. The prosecuting attorney informed *140 the judge that defense counsel said that regardless of the seating order, counsel was going to ask for a shuffle. Appellant's attorney did not disagree with this observation and affirmed that she said she was going to ask for a shuffle. The prosecutor summarized that counsel asked for a shuffle and that shuffle was made, so Appellant was not entitled to another shuffle. Defense counsel's response addressed the result of that shuffle. Appellant's counsel did not object or argue to the trial court that the initial reordering of the jury was not a proper shuffle, nor did defense counsel argue that she was not given the opportunity to see the venire before asking for a shuffle. Appellant's complaints focused on the result of the first shufflenot on the procedures employed.
This case is somewhat similar to James, 772 S.W.2d at 94-6. In James, a number of veniremembers had been qualified, and more veniremembers were added to the panel. The judge asked if either party desired a shuffle. The State asked for a shuffle, and the defendant asked that if there was to be a shuffle, the previously qualified veniremembers should be included. The State then withdrew its request for a full shuffle, but the State announced it had no objection to a shuffle of the added veniremembers only, if that was what the defendant wanted. The judge denied the defendant's request for a full shuffle and ordered a partial shuffle, excluding the previously qualified veniremembers. On appeal, the appellant complained that this shuffle was improper because it was not done at the request of either party. We determined that neither party had a pending request for a partial shuffle when the trial judge ordered the shuffle. Id. at 96. However, we stated that this was ascertained only after a careful reading of the record. Ibid. We observed that the trial judge could have reasonably believed from the bench conference that either the appellant or the State, or both, wanted a partial shuffle. Ibid. We concluded that, absent a specific objection, the trial judge best effectuated what he could have reasonably believed to be the appellant's desire for some sort of shuffle, without wasting the jury qualification that had already been done. Ibid. Consequently, the point of error was overruled. Ibid.
In the present case, given defense counsel's affirmative response to the trial court's inquiry about whether the panel had already been shuffled at Appellant's request and whether Appellant was asking for another shuffle, Appellant's failure to raise any objections to the reordering or shuffle that was done previously, and Appellant's reason for a second shuffle, the trial judge could have reasonably concluded that Appellant was not entitled to the shuffle he was seeking. The trial court did not err in denying Appellant's request for a shuffle, and the Court of Appeals erred in holding otherwise. Sanders, 942 S.W.2d 3; Powell; 897 S.W.2d 307; James; 772 S.W.2d 84; Valdez; 472 S.W.2d 754.
The judgment of the Court of Appeals is reversed, and this case is remanded to that court to address Appellant's remaining points of error.
NOTES
[1] Article 35.11, V.A.C.C.P.
|
{
"pile_set_name": "FreeLaw"
}
|
For the second straight year on NCAA.com, Andy Katz revealed his top 25 players entering the new college basketball season. Here is his full list for 2019-20:
25. Isaiah Stewart, Fr., C, Washington: Stewart has a chance to be a dominant player in Mike Hopkins’ zone.
24. Andrew Nembhard, So., G, Florida: Nembhard has become a big-shot maker for the Gators.
23. Ashton Hagans, So., G, Kentucky: The Wildcats have the experience at the most important position to make a Final Four run.
POWER 36: Michigan State comes in at No. 1 in Katz's post-NBA Draft power rankings | Video breakdown
22. Ayo Dosunmu, So., G, Illinois: He’s easily one of the most underrated players in the country, but is a rising star.
21. Killian Tillie, Sr., F, Gonzaga: Tillie came back to play a healthy season and hopes to lead the Zags on a deep March Madness run once again.
Andy Katz breaks down Nos. 21-25 of his top players for the 2019-2020 season
20. Xavier Tillman, Jr., F, Michigan State: Tillman will be the rock inside the Spartans will need to propel them to another Final Four.
19. Trevion Williams, So., F, Purdue: Williams was sensational for Team USA in winning a gold medal in Greece. Look for him to do the same for the Boilers.
18. Jalen Smith, So., F, Maryland: Smith played well alongside Bruno Fernando but is ready to be a standout on his own.
17. Tristan Clark, Jr., F, Baylor: Remember his name. He was hurt for half of last year. He’ll be a dominant player again.
MOST IMPORTANT PLAYERS BY CONFERENCE: AAC | ACC | Big 12 | Big Ten | Pac-12 | SEC
16. Sam Merrill, Sr., G, Utah State: Nevada is rebuilding and Utah State is only getting stronger with Merrill likely becoming a two-time Mountain West player of the year.
Andy Katz breaks down Nos. 16-20 of his top players for the 2019-2020 NCAA men's basketball season
15. Kaleb Wesson, Jr., C, Ohio State: Wesson is the reason the Buckeyes made the NCAA tournament last season and he’ll be the answer for why they do it again.
14. Udoka Azubuike, Sr., C, Kansas: Azubuike is healthy and that means he can go back to anchoring the Jayhawks for a possible Final Four run.
13. Jarron Cumberland, Sr., G, Cincinnati: Cumberland returned to help John Brennan continue the tradition of the Bearcats in the NCAA tournament.
12. Devon Dotson, So., G, Kansas: Dotson is Bill Self’s latest guard who could compete for Big 12 player of the year.
PODCAST: Listen to the latest episodes of March Madness 365, featuring Andy Katz
11. Anthony Edwards, Fr., G, Georgia: Tom Crean has coached a superstar before, but this one may need to produce a bit quicker. And he can.
Top college basketball players: Ranking Nos. 15-11 for 2019-20 season
10. Lamar Stevens, Sr., F, Penn State: Stevens is one of the more unheralded studs in college basketball and should give the Nittany Lions a shot at a bid.
9. Anthony Cowan Jr., Sr., Maryland: Cowan is pumped for the chance to get the Terps to the Sweet 16 and beyond after Maryland's last possession loss in the second round in the 2018 NCAA tournament.
PRESEASON: Ranking the best non-conference tournaments for the upcoming season
8. Tre Jones, So., G, Duke: Jones returns to lead the latest set of elite Duke freshmen toward a run at an ACC title.
7. Kerry Blackshear Jr., Sr., Florida: Blackshear’s arrival via transfer means the Gators could be Final Four bound.
6. Jordan Nwora, Jr., F, Louisville: Nwora is the the likely preseason ACC player of the year.
Top college basketball players: Ranking Nos. 10-6 for 2019-20 season
5. Cole Anthony, Fr., G, North Carolina: Few players are as important to their teams as the Tar Heels' freshman point guard/lead guard.
4. James Wiseman, Fr., C, Memphis: The top big man and potential 2020 No. 1 pick leads a hype-filled roster in Memphis.
3. Myles Powell, Sr., G, Seton Hall: Powell never shies away from taking the big shot. He’s also the reason why the Pirates have as much hype as they’ve had in decades.
2. Markus Howard, Sr., G, Marquette: Howard is the one player in the country who can go for 50 on any given night.
1. Cassius Winston, Sr., G, Michigan State: Winston is the preseason player of the year here, not because he’s the most talented, but because he’s the best leader on the top team.
Honorable mention: McKinley Wright IV, Jr., G, Colorado; Yoeli Childs, Sr., F, BYU; Kamar Baldwin, Sr., G, Butler; Anthony Lamb, Sr., F, Vermont; Nathan Knight, Sr., C, William & Mary; Zavier Simpson, Sr., G, Michigan; Markell Johnson, Sr., G, NC State; Nico Mannion, Fr., G, Arizona; Davide Moretti, Jr., G, Texas Tech; Jordan Ford, Sr., G, Saint Mary’s; Tres Tinkle, Sr., F, Oregon State; Payton Pritchard, Sr., G, Oregon; Mamadi Diakite, Jr., Virginia; Xavier Sneed, Sr., Kansas State; Joe Wieskamp, Iowa.
|
{
"pile_set_name": "OpenWebText2"
}
|
Richard Painter, a former Republican who switched parties out of opposition to President Donald Trump, said he’ll support the Sanders bill or whatever prominent single-payer legislation exists in the Senate. He said that single payer, under which the federal government would provide health care, is a necessity because of the costs being imposed on small businesses of the current employer-based health insurance system.
The contenders in the Democratic primary for the Minnesota Senate seat are split on whether they’ll sponsor a single-payer bill if elected.f
The bill now has 16 sponsors — far from the 60 votes needed to overcome a Senate filibuster and the simple majority needed to pass legislation — so every senator’s support matters.
When Sen. Al Franken, D-Minn., resigned from the Senate in January, Vermont Independent Sen. Bernie Sanders’s landmark single-payer health care legislation, the Medicare for All Act, lost a sponsor.
“The problem we’ve got is that when we tie health care costs to the employment relationship, it makes the employer pay a significant portion of the health care costs,” Painter told The Intercept. “And also makes the employer go find plans for the employees. That’s the American system. It’s not used in most other industrialized countries. … The problem with this system is that the small-business owner is severely disadvantaged compared with the big companies.”
Tina Smith, the former Minnesota lieutenant governor who was appointed to replace Franken, is also running in the August primary ahead of the November special election. She has not yet co-sponsored the Sanders legislation, and is unsure she will do so in the future.
“Right now, she’s talking with Minnesotans and gathering information about all the health care bills in the Senate,” said Smith’s spokesperson, Michael Dale-Stein. “Will make sure to let you know when we have more info on specific proposals.”
Painter thinks the answer about what plan to support should be obvious. “There’s only so much talking and deciding,” he said. “We’ve talked to a lot of people about health care for a long time. We have a lot of information. We’ve gotta solve a problem.”
As lieutenant governor, Smith last year touted a “public option” that would allow Minnesotans to voluntarily buy into MinnesotaCare, which is run by the state.
Democratic state Sen. John Marty, on the other hand, proposed a Minnesota-wide single-payer health care plan called the Minnesota Health Plan. Under that plan, all basic health care would be paid for by the state and financed by a system under which people would pay their premiums to the state instead of a private health insurance company.
Franken’s successor will most likely be a Democrat, given that the midterm climate is not favorable to Republicans, but GOP state Sen. Karin Housley is another prominent candidate in the U.S. Senate race. She prefers to repeal the Affordable Care Act, saying last year that the “government got in the way and made it more expensive, when all we needed to do was some small fixes, but instead we just turned it upside down and made life a lot harder for a lot of people.”
Correction: May 18, 2018, 2:57 p.m.
An earlier version of this story incorrectly referred to Tina Smith as the former Minnesota attorney general. She is the former lieutenant governor.
|
{
"pile_set_name": "OpenWebText2"
}
|
package api
import (
"crypto/tls"
"crypto/x509"
"encoding/base64"
"errors"
"flag"
"net/url"
"os"
squarejwt "gopkg.in/square/go-jose.v2/jwt"
"github.com/hashicorp/errwrap"
)
var (
// PluginMetadataModeEnv is an ENV name used to disable TLS communication
// to bootstrap mounting plugins.
PluginMetadataModeEnv = "VAULT_PLUGIN_METADATA_MODE"
// PluginUnwrapTokenEnv is the ENV name used to pass unwrap tokens to the
// plugin.
PluginUnwrapTokenEnv = "VAULT_UNWRAP_TOKEN"
)
// PluginAPIClientMeta is a helper that plugins can use to configure TLS connections
// back to Vault.
type PluginAPIClientMeta struct {
// These are set by the command line flags.
flagCACert string
flagCAPath string
flagClientCert string
flagClientKey string
flagInsecure bool
}
// FlagSet returns the flag set for configuring the TLS connection
func (f *PluginAPIClientMeta) FlagSet() *flag.FlagSet {
fs := flag.NewFlagSet("vault plugin settings", flag.ContinueOnError)
fs.StringVar(&f.flagCACert, "ca-cert", "", "")
fs.StringVar(&f.flagCAPath, "ca-path", "", "")
fs.StringVar(&f.flagClientCert, "client-cert", "", "")
fs.StringVar(&f.flagClientKey, "client-key", "", "")
fs.BoolVar(&f.flagInsecure, "tls-skip-verify", false, "")
return fs
}
// GetTLSConfig will return a TLSConfig based off the values from the flags
func (f *PluginAPIClientMeta) GetTLSConfig() *TLSConfig {
// If we need custom TLS configuration, then set it
if f.flagCACert != "" || f.flagCAPath != "" || f.flagClientCert != "" || f.flagClientKey != "" || f.flagInsecure {
t := &TLSConfig{
CACert: f.flagCACert,
CAPath: f.flagCAPath,
ClientCert: f.flagClientCert,
ClientKey: f.flagClientKey,
TLSServerName: "",
Insecure: f.flagInsecure,
}
return t
}
return nil
}
// VaultPluginTLSProvider is run inside a plugin and retrieves the response
// wrapped TLS certificate from vault. It returns a configured TLS Config.
func VaultPluginTLSProvider(apiTLSConfig *TLSConfig) func() (*tls.Config, error) {
if os.Getenv(PluginMetadataModeEnv) == "true" {
return nil
}
return func() (*tls.Config, error) {
unwrapToken := os.Getenv(PluginUnwrapTokenEnv)
parsedJWT, err := squarejwt.ParseSigned(unwrapToken)
if err != nil {
return nil, errwrap.Wrapf("error parsing wrapping token: {{err}}", err)
}
var allClaims = make(map[string]interface{})
if err = parsedJWT.UnsafeClaimsWithoutVerification(&allClaims); err != nil {
return nil, errwrap.Wrapf("error parsing claims from wrapping token: {{err}}", err)
}
addrClaimRaw, ok := allClaims["addr"]
if !ok {
return nil, errors.New("could not validate addr claim")
}
vaultAddr, ok := addrClaimRaw.(string)
if !ok {
return nil, errors.New("could not parse addr claim")
}
if vaultAddr == "" {
return nil, errors.New(`no vault api_addr found`)
}
// Sanity check the value
if _, err := url.Parse(vaultAddr); err != nil {
return nil, errwrap.Wrapf("error parsing the vault api_addr: {{err}}", err)
}
// Unwrap the token
clientConf := DefaultConfig()
clientConf.Address = vaultAddr
if apiTLSConfig != nil {
err := clientConf.ConfigureTLS(apiTLSConfig)
if err != nil {
return nil, errwrap.Wrapf("error configuring api client {{err}}", err)
}
}
client, err := NewClient(clientConf)
if err != nil {
return nil, errwrap.Wrapf("error during api client creation: {{err}}", err)
}
secret, err := client.Logical().Unwrap(unwrapToken)
if err != nil {
return nil, errwrap.Wrapf("error during token unwrap request: {{err}}", err)
}
if secret == nil {
return nil, errors.New("error during token unwrap request: secret is nil")
}
// Retrieve and parse the server's certificate
serverCertBytesRaw, ok := secret.Data["ServerCert"].(string)
if !ok {
return nil, errors.New("error unmarshalling certificate")
}
serverCertBytes, err := base64.StdEncoding.DecodeString(serverCertBytesRaw)
if err != nil {
return nil, errwrap.Wrapf("error parsing certificate: {{err}}", err)
}
serverCert, err := x509.ParseCertificate(serverCertBytes)
if err != nil {
return nil, errwrap.Wrapf("error parsing certificate: {{err}}", err)
}
// Retrieve and parse the server's private key
serverKeyB64, ok := secret.Data["ServerKey"].(string)
if !ok {
return nil, errors.New("error unmarshalling certificate")
}
serverKeyRaw, err := base64.StdEncoding.DecodeString(serverKeyB64)
if err != nil {
return nil, errwrap.Wrapf("error parsing certificate: {{err}}", err)
}
serverKey, err := x509.ParseECPrivateKey(serverKeyRaw)
if err != nil {
return nil, errwrap.Wrapf("error parsing certificate: {{err}}", err)
}
// Add CA cert to the cert pool
caCertPool := x509.NewCertPool()
caCertPool.AddCert(serverCert)
// Build a certificate object out of the server's cert and private key.
cert := tls.Certificate{
Certificate: [][]byte{serverCertBytes},
PrivateKey: serverKey,
Leaf: serverCert,
}
// Setup TLS config
tlsConfig := &tls.Config{
ClientCAs: caCertPool,
RootCAs: caCertPool,
ClientAuth: tls.RequireAndVerifyClientCert,
// TLS 1.2 minimum
MinVersion: tls.VersionTLS12,
Certificates: []tls.Certificate{cert},
ServerName: serverCert.Subject.CommonName,
}
tlsConfig.BuildNameToCertificate()
return tlsConfig, nil
}
}
|
{
"pile_set_name": "Github"
}
|
---
abstract: 'A Delaunay polytope $P$ is said to be [*extreme*]{} if the only (up to isometries) affine bijective transformations $f$ of ${\ensuremath{\mathbb{R}}}^n$, for which $f(P)$ is again a Delaunay polytope, are the homotheties. This notion was introduced in [@DGL92]; also some examples in dimension $1$, $6$, $7$, $15$, $16$, $22$, $23$ were constructed and it was proved that in dimension less than $6$ there are no extreme Delaunay polytopes, except the segment. In this note, for every $n\geq 6$ we build an extreme Delaunay polytope $ED_n$ of dimension $n$.'
author:
- |
Mathieu DUTOUR\
LIGA, ENS/CNRS, Paris and\
Hebrew University, Jerusalem[^1]\
title: Infinite serie of extreme Delaunay polytope
---
Let $L\subset {\ensuremath{\mathbb{R}}}^n$ be a $n$-dimensional lattice and let $S=S(c,r)$ be a sphere in ${\ensuremath{\mathbb{R}}}^n$ with center $c$ and radius $r$. Then, $S$ is said to be an [*empty sphere*]{} in $L$ if the following two conditions hold:
$\Vert v-c\Vert\geq r$ for all $v\in L$ and the set $S\cap L$ has affine rank $n+1$.
The polytope $P$, which is defined as the convex hull of the set $P=S\cap L$, is called a [*Delaunay polytope*]{}.
Denote by $D_n$ the root lattice defined as $$D_n=\{(x_1, \dots, x_n)\in{\ensuremath{\mathbb{Z}}}^n\mbox{~with~}\sum_{i=1}^n x_i\mbox{~even}\}\;.$$ The Delaunay polytopes of this lattice are:
- [*Half-cube*]{} $\frac{1}{2}H_n=\{x\in \{0,1\}^n\mbox{~with~}\sum_{i=1}^n x_i\mbox{~even}\}$; it has $2^{n-1}$ vertices.
- [*Cross-polytope*]{} $C_n=\{e_1\pm e_i\mbox{~with~}1\leq i\leq n\}$ with $e_i=(0,\dots, 1,\dots,0)$; it has $2n$ vertices.
Define the polytope $P_n$ to be the convex hull of the three following layers of points:
- a vertex $V=(\frac{1}{2},\dots, \frac{1}{2},1)$,
- $2^{n-2}$ vertices $(x_1,\dots, x_{n-1},0)$ with $x_i\in\{0,1\}$ and $\sum_{i=1}^{n-1} x_i$ even,
- $2(n-1)$ vertices $V_{j,\pm}=(\frac{1}{2},\dots, \frac{1}{2},-1)\pm e_j$ with $1\leq j\leq n-1$.
It is easy to see, that, denoting by $L_n$ the lattice generated by all $(x,0)$ with $x\in D_{n-1}$ and $(\frac{1}{2},\dots, \frac{1}{2},1)$, the third layer belongs to $L_n$ if and only if $n$ is even.
\[TheoremInfiniteSeq\] Let $n$ be even and greater than $6$.
\(i) $P_n$ is an extreme Delaunay polytope; the corresponding quadratic form is $q(x)=x_1^2+\dots+x_{n-1}^2+\frac{n-3}{4}x_n^2$.
\(ii) The center of the circumscribing sphere is $(0,\dots,0,\frac{-1}{n-3})$, it radius is $\frac{n-2}{\sqrt{n-3}}$.
\(iii) $P_6$=Schläfli polytope; its group of isometries has size $51840$ and is transitive on vertices. If $n>6$, then its group of isometries is $Sym(n-1)\times 2^{n-2}$ and there are three orbits of vertices.
[[**Proof.**]{} ]{}In order to prove extremality, we will use geometry of numbers, i.e. in order to show that the only transformations preserving the property of being Delaunay are modulo isometries and translations the homotheties, we will determine the set of quadratic forms $q$ such that $P_n$ is a Delaunay polytope for $q$.
The restriction of the quadratic form $q$ to the plane $x_n=0$ left us with the $2^{n-2}$ vertices $(x_1, \dots, x_{n-1}, 0)$ with $x_i\in \{0,1\}$ and $\sum_{i} x_i$ even. The rank of Half-cube is $n$ (see [@DL] and [@Du]), we can write $q$ restricted to the plane $x_n=0$ as $\sum_{i=1}^{n-1} \alpha_i x_i^2$ with $\alpha_i>0$. We write the form $q$ in the following way: $$q(x)=\sum_{i=1}^{n-1}\alpha_i (x_i+\beta_i x_n)^2+\gamma x_n^2\;.$$ Denote by $S(c,r)$ the empty sphere of center $c$ and radius $r$ circumscribing $\frac{1}{2}H_{n-1}$ and $V$. Denoting $c=(h_1, \dots, h_{n-1}, h_n)$, one obtains the equations: $$\left\lbrace\begin{array}{l}
\sum_{i=1}^{n-1}\alpha_i (h_i-x_i+\beta_i h_n)^2+\gamma h_n^2=r^2,\\
\sum_{i=1}^{n-1}\alpha_i (h_i-\frac{1}{2}+\beta_i (h_n-1))^2+\gamma (h_n-1)^2=r^2\;.
\end{array}\right.$$ The first equation is satisfied for all vectors $x_i$ with $\sum_{i=1}^{n-1}x_i$ even and $x_i\in\{0,1\}$. This implies, since $n\geq 6$ the relation $h_i+\beta_i h_n=\frac{1}{2}$. So, the equations reduce to: $$\left\lbrace\begin{array}{l}
\frac{1}{4}\sum_{i=1}^{n-1}\alpha_i+\gamma h_n^2=r^2,\\
\frac{n-2}{2}\sum_{i=1}^{n-1}\alpha_i \beta_i^2+\gamma (h_n-1)^2=r^2\;.
\end{array}\right.$$ Consider now the $2(n-1)$ vertices $V_{j,\pm}=(\frac{1}{2},\dots, \frac{1}{2},-1)\pm e_j$ with $1\leq j\leq n-1$.
Since $V_{j, +}$, and $V_{j, -}$ are on the sphere $S(c, r)$, one obtains: $$\left\lbrace\begin{array}{c}
\alpha_j(1-\beta_j)^2+\sum_{i\not=j} \alpha_i\beta_i^2+\gamma (h_n+1)^2=r^2,\\
\alpha_j(1+\beta_j)^2+\sum_{i\not=j} \alpha_i\beta_i^2+\gamma (h_n+1)^2=r^2\;.
\end{array}\right.$$ Above two equations yield $\beta_j=0$. If all $V_{j, \pm}$ are on the sphere, then $\alpha_j=\alpha$ is independent of $j$ and all equations simplify to: $$\alpha+\gamma (h_n+1)^2=r^2\mbox{~,~~}\frac{n-1}{4}\alpha+\gamma h_n^2=r^2\mbox{~~and~~}\gamma (h_n-1)^2=r^2\;,$$ whose solution is: $$h_n=\frac{1}{3-n}, \;\;\gamma=\alpha\frac{n-3}{4},\;\; r=\frac{n-2}{\sqrt{n-3}}\sqrt{\alpha}\;\;.$$ So, $q$ is equal to $\alpha(\sum_{i=1}^{n-1} x_i^2+\frac{n-3}{4} x_n^2)$.
Now, let us prove that this is a Delaunay polytope. If $v$ is an interior point of $P_{n}$, then it belongs to one of the three layers $x_n=-1$, $0$, $1$. But each one of the corresponding sections (i.e. Cross-polytope, Half-cube or point) is a Delaunay polytope; so, there is no such $v$.
Let us find the symmetry group. Pairwise distance of adjacent vertices of Half-cube is $\sqrt{2}$. Distance between $V$ and vertices of Half-cube is $\sqrt{\frac{n-2}{2}}$. So, if $n>6$, then any isometry preserving $P_n$ must leave the vertex $V$ invariant; hence, if $n>6$, then the symmetry group is that of Half-cube, i.e. $Sym(n-1)\times 2^{n-2}$.
Standart computation shows that $P_6$ is the Schläfli polytope, whose symmetry group has size $51840$. [$\Box$ ]{}
Define $ED_n$ to be $P_n$ if $n$ is even and the polytope obtained from $P_{n-1}$ by using Lemma 15.3.7 is $f$ is odd. Remark that $ED_6$ (respectively $ED_7$) is Schläfli (respectively, Gosset) polytope.
If $n\geq 6$, then the polytope $ED_n$ is extreme.
[[**Proof.**]{} ]{}If $n$ is even, this follows from \[TheoremInfiniteSeq\], while if $n$ is odd, this follows from Lemma 15.3.7. [$\Box$ ]{}
Remark, that $ED_6$ is [*unique*]{} extreme Delaunay polytope in dimension $6$ (see [@Hyp7]); [*all*]{} $6241$ 6-dimensional Delaunay polytopes were listed in [@Du].
[99]{}
M.Deza and M.Laurent, [*Geometry of cuts and metrics*]{}, Springer–Verlag, Berlin 1997.
M.Dutour, [*The six-dimensional Delaunay polytopes*]{}, submitted, <http://www.arxiv.org/abs/math.MG/0212353>.
M.Deza and M.Dutour, [*The hypermetric cone on seven vertices*]{}, submitted, <http://www.arxiv.org/abs/math.MG/0108177>.
M. Deza, V.P. Grishukhin, and M. Laurent, [*Extreme hypermetrics and L-polytopes*]{}, in G.Halász et al. eds [*Sets, Graphs and Numbers, Budapest (Hungary), 1991*]{}, [**60**]{} [*Colloquia Mathematica Societatis János Bolyai*]{}, (1992) 157–209.
[^1]: Research financed by EC’s IHRP Programme, within the Research Training Network “Algebraic Combinator ics in Europe,” grant HPRN-CT-2001-00272.
|
{
"pile_set_name": "ArXiv"
}
|
in a city of the future
it is difficult to concentrate
(@keunwoo's blog)
Wednesday, January 05, 2005
D. Neiwert on eliminationist rhetoric
Orcinus is back for the new year, with a note about the escalation in right-wing eliminationist rhetoric since the last election. Many liberals (and moderate conservatives) tend to be generous of spirit, to grant their opposition (and more extremist allies) the benefit of the doubt: They can't really be all that bad. This is a form of denial, probably fed, in part, by the fact that most liberals live amongst other liberals, and so have little firsthand experience with mainstream conservatives.* However noxious you believe the right wing is, it is probably even more noxious than you believe.
* Incidentally, this fact also leads to a tendency, among liberal intellectuals, to believe that ill-informed left-wing yahoos and wrongheaded liberals are actually a significant problem in the grander scheme of things, and to spend vastly more time attacking left-wing yahoos and liberals than is really warranted. The anarchist pacifist vegan activist with seven piercings who believes that the United States should never intervene militarily in other nations for any reason whatsoever is incorrectibly wrong, no doubt, but also fundamentally powerless and irrelevant. The mainstream liberal who has some misperceptions about the effects of free trade on labor can be reasoned with. But the conservative author with Amazon.com sales rank 10,025 (meaning more than one copy sold per day), who regularly gets talking head appearances on Fox News, gives regular lectures all across the country, and defends the use of ethnic concentration camps is simultaneously incorrigible and influential; and she's just one creature in the endless menagerie of horrors that is the modern right-wing movement.
|
{
"pile_set_name": "Pile-CC"
}
|
Connection of the Posterior Occipital Muscle and Dura Mater of the Siamese Crocodile.
The myodural bridge was proposed initially in 1995. The myodural bridge is a connective tissue bridge that connects a pair of deep muscles at the suboccipital region to the dura mater. There have been numerous studies concerning the morphology and function of the myodural bridge. To determine whether a myodural bridge exists in reptiles, six Siamese crocodiles were investigated using gross anatomy dissection and P45 sheet plastination technologies. As a result, we demonstrated that the posterior occipital muscles of the Siamese crocodile are directly or indirectly connected to the proatlas, atlas, and intermembrane between them. Multiple trabeculae existing in the posterior epidural space extended from the ventral surface of the proatlas, atlas, and intermembrane between them to the dorsal surface of the spinal dura mater. This study showed that the posterior occipital muscle in the suboccipital region of the Siamese crocodile is connected to the spinal dura mater through the proatlas, atlas, and the trabeculae. In conclusion, a myodural bridge-like structure exists in reptiles. This connection may act as a pump to provide cerebrospinal fluid (CSF) circulation at the occipitocervical junction. We hypothesize that a physiologic role of the Siamese crocodile's myodural bridge may be analogous to the human myodural bridge. Anat Rec, 299:1402-1408, 2016. © 2016 Wiley Periodicals, Inc.
|
{
"pile_set_name": "PubMed Abstracts"
}
|
If you like your stuff to be ultra exclusive and ultra expensive, then LG has the phone for you. The LG Signature Edition has a shell made of Zirconium Ceramic, which the company claims won’t scratch (but will it shatter?) even over time. Those able to get their hands on one can have their names engraved on the back. The phone is limited to 300 handsets to be sold exclusively in South Korea at a price of 2 million won (around $1,800), which is a lot more than that other very expensive phone, the iPhone X, which costs 1.42 million won locally.
But what you’re actually getting here is a ceramic LG V30 running Android Oreo (8.0) with only a modicum of system tweaks. The Signature Edition features the same 6-inch OLED display, Qi wireless charging, and a main camera with f/1.6 aperture, only with a bit more RAM (6GB instead of 4GB), and internal memory (256GB). It also ships with a wired and wireless pair of B&O headphones, but is all that really worth $1,000 more than an $800 V30?
I guess you really can put a price on luxury.
|
{
"pile_set_name": "OpenWebText2"
}
|
Q:
Transform scale and positioning issue
I'm having an issue with the way I have centered my links and the way I want to links to scale on hover. When I hover over the links the transition is effecting how I have centered the links as well as the scale of them. It moves them to the side and scales them but I want to keep them centered.
.position{
position: relative;
}
.absolute_img_links:link, .absolute_img_links:visited{
display: block;
position: absolute;
top: 50%;
left: 50%;
width: 70%;
background-color: #ff6633;
transform: translate(-50%, -50%);
color: #ffffff;
font-size: 1.4em;
padding: 0.5em;
transition: transform:scale 1s;
}
.absolute_img_links:hover{
transform: scale(1.1);
}
<div class="container" id="bottom_col_margin">
<div class="row">
<div class="col-xs-12 col-sm-4">
<img class="img-responsive position" src="<?php bloginfo('template_directory'); ?>/images/testimonials_img.jpg">
<span class="text_center"><a href="#" class="absolute_img_links">Customer Testimonials</a></span>
</div>
<div class="col-xs-12 col-sm-4">
<img class="img-responsive position" src="<?php bloginfo('template_directory'); ?>/images/delivery_img.jpg">
<span class="text_center"><a href="#" class="absolute_img_links">Free Delivery</a></span>
</div>
<div class="col-xs-12 col-sm-4">
<img class="img-responsive position" src="<?php bloginfo('template_directory'); ?>/images/help_guides_img.jpg">
<span class="text_center"><a href="#" class="absolute_img_links">Help & Guides</a></span>
</div>
</div>
</div>
A:
when you write the code for :hover, and you use transform: , if you don't keep the initial translate(-50%,-50%) and only use scale(1.1) it will understand like the translate becomes 0 . so you need to keep the initial translate values also in the hover state . so the code will become
transform:translate(-50%,-50%) scale(1.1)
.position{
position: relative;
}
.absolute_img_links:link, .absolute_img_links:visited{
display: block;
position: absolute;
top: 50%;
left: 50%;
width: 70%;
background-color: #ff6633;
transform: translate(-50%,-50%);
color: #ffffff;
font-size: 1.4em;
padding: 0.5em;
transition: 3s;
}
.absolute_img_links:hover{
transform: translate(-50%,-50%) scale(1.1);
}
<div class="container" id="bottom_col_margin">
<div class="row">
<div class="col-xs-12 col-sm-4">
<img class="img-responsive position" src="<?php bloginfo('template_directory'); ?>/images/testimonials_img.jpg">
<span class="text_center"><a href="#" class="absolute_img_links">Customer Testimonials</a></span>
</div>
<div class="col-xs-12 col-sm-4">
<img class="img-responsive position" src="<?php bloginfo('template_directory'); ?>/images/delivery_img.jpg">
<span class="text_center"><a href="#" class="absolute_img_links">Free Delivery</a></span>
</div>
<div class="col-xs-12 col-sm-4">
<img class="img-responsive position" src="<?php bloginfo('template_directory'); ?>/images/help_guides_img.jpg">
<span class="text_center"><a href="#" class="absolute_img_links">Help & Guides</a></span>
</div>
</div>
</div>
|
{
"pile_set_name": "StackExchange"
}
|
Q:
Using property/variable value from Jenkins
I got stuck to a really annoying issue. Looks pretty simple to solve but I can't see what am I doing wrong.
All started from JMeter: more than nine parameters from Jenkins.
I managed to get the values from Jenkins in Jmeter by spiting an array.
String line = "${__P(jenkinsparams)}";
String[] words = line.split(",");
String looks like:
-Jjenkinsparams="999,999,8443,1433,SQL2012,sa"
So I have:
words[0] = 999;
words[1] = 999;
words[2] = 8443;
[...]
words[5] = sa;
This operation is made inside a BeanShell Sampler with 1 thread. How can I use these values as further on? Even in different Thread Groups.
I've tried:
props.put("SqlIP",words[0]);
props.put("SqlInstance", words[1]);
but ${__P(SqlIP)} doesn't retrieve the value when used in JDBC Connection Configuration as:
jdbc:sqlserver://${__P(SqlIP)}\\${__P(SqlInstance)}
How can I use properties/variables to send data from that array to build an JDBC connection? I need them for: SQL IP, SQL instance, SQL username and SQL password. All sent in that array from Jenkins. Thank you
A:
Because JDBC Connection Configuration is a Configuration element and according to Execution Order it's kicked off before any Beanshell test elements. You will have to come up with another way of setting the value.
I'm not aware of any parameters number limit on JMeter level, if you're running an exotic shell or a form of custom JMeter startup script which introduces this limitation you can work it around by putting your configuration into user.properties file or a custom properties file which can be passed via -q parameter, check out Apache JMeter Properties Customization Guide to learn more about setting and overriding JMeter Properties
|
{
"pile_set_name": "StackExchange"
}
|
Aside from the perfect grade, Bandai has always sold GP01 and GP01fb separately (high grade, master grade, and real grade), and none of them have been online exclusives. It's probably because they know more people will buy the full burner
There can only be a 2.0 if the mobile suit has a 1.0 or a first version, if it hasn't had a MG treatment yet, you can't call it a 2.0.... simple logic. And yes, I would LOVE to see a 2.0 for GP03s, and probably HGUCs of GP00 and GP04.
As for GP03s a 2.0 or Ver Ka would be lovely, or better, an RG treatment. As much as i love GP03s more than any other suit on 0083, i don't think bandai would skip on GP02
Love that it's finally getting a HG release, but the proportions are off.. the head is too high, the shoulders are too low. Kinda messes with the overall feel of the suit and makes it look more "standard". :(
I like how Bandai is starting to give attention to 0083 mobile suits, this definitely gives me hope on a remake of GP03s, either RG or MG 2.0 Bandai can take my money! I do hope they consider making an HGUC of GP00 and GP04.
I'm going to give Cima's death an interesting, but evil twist. Instead of Dendrobium since I don't have one, I will use either of my Robot Damashii Zeros to do it. I have the EW Zero RD as well as the TV Zero RD. What do you guys think about that idea?
|
{
"pile_set_name": "Pile-CC"
}
|
A United Nations inquiry has found Syrian government forces responsible for another toxic gas attack, this time in Syria's Idlib province in March 2015.
It is the third gas attack so far that the inquiry by the UN and the Organisation for the Prohibition of Chemical Weapons, the global chemical weapons watchdog, has blamed on President Bashar al Assad's forces.
In a confidential report, submitted to the UN Security Council, the inquiry said military helicopters were used to drop barrel bombs on Idlib, which released toxic chlorine gas.
The use of chlorine as a weapon is banned under the 1997 Chemical Weapons Convention, which Syria joined in 2013.
If inhaled, chlorine gas can kill by burning the victim's lungs and drowning them in the resulting body fluids.
:: Russia extends 'humanitarian pause' in attacks on rebel-held Aleppo
The finding sets the stage for a showdown in the UN Security Council between Russia and western council members over how to respond.
US and UK consider sanctions against Syria and Russia
The report said the names of the individuals who had command and control of the helicopter squadrons at the time could not be confirmed, but said those responsible "must be held accountable".
In an earlier report by the inquiry, President Assad's forces were blamed for chlorine attacks in Talmenes on 21 April, 2014 and in Sarmin on 16 March, 2015.
It also said Islamic State militants had used mustard gas.
Responding to the report, Foreign Secretary Boris Johnson said: "The use of chemical weapons is horrific, and a breach of international law and UN Security Council resolutions.
"It is crucial to hold those responsible to account."
Syria agreed to destroy its chemical weapons under a deal brokered by Moscow and Washington in 2013.
Footage of RAF strike against IS in Syria
The deal was backed by the UN Security Council, which passed a resolution saying that in the event of non-compliance, "including unauthorised transfer of chemical weapons, or any use of chemical weapons by anyone" in Syria, it would impose measures under Chapter 7 of the UN Charter.
This section deals with sanctions and the authorisation of military force by the Security Council.
However, the Council would need to pass another resolution to impose any sanctions on people or entities found to be linked to the attacks.
|
{
"pile_set_name": "OpenWebText2"
}
|
Q:
Java ArrayList remove duplicates from both the lists
I have 2 ArrayList of custom objects. I want to remove duplicate entries from both the ArrayList.
The objects have three fields: fName, lName, and id. If the id occurs multiple times, I want to remove from both the lists.
How can I do that?
I am fine with merging both the lists and removing the 2 duplicate entries as well.
A:
If you want to merge: simply copy the content of both lists to a map. Then you don't have the duplicates anymore (but you loose your actual ordering):
Map<Integer, MyObject> temp = new HashMap<Integer, MyObject>();
for (MyObject obj:firstList) {
temp.put(obj.getId(), obj);
}
for (MyObject obj:secondList) {
temp.put(obj.getId(), obj);
}
List<MyObject> result = new ArrayList<MyObject>(temp.values());
|
{
"pile_set_name": "StackExchange"
}
|
"""
Headless Site Navigation and File Download (Using Selenium) to S3
This example demonstrates using Selenium (via Firefox/GeckoDriver) to:
1) Log into a website w/ credentials stored in connection labeled 'selenium_conn_id'
2) Download a file (initiated on login)
3) Transform the CSV into JSON formatting
4) Append the current data to each record
5) Load the corresponding file into S3
To use this DAG, you will need to have the following installed:
[XVFB](https://www.x.org/archive/X11R7.6/doc/man/man1/Xvfb.1.xhtml)
[GeckoDriver](https://github.com/mozilla/geckodriver/releases/download)
selenium==3.11.0
xvfbwrapper==0.2.9
"""
from datetime import datetime, timedelta
import os
import boa
import csv
import json
import time
import logging
from selenium import webdriver
from selenium.webdriver.common.keys import Keys
from selenium.webdriver.firefox.options import Options
from xvfbwrapper import Xvfb
from airflow import DAG
from airflow.models import Connection
from airflow.utils.db import provide_session
from airflow.operators.dummy_operator import DummyOperator
from airflow.operators.python_operator import PythonOperator
from airflow.hooks import S3Hook
S3_CONN_ID = ''
S3_BUCKET = ''
S3_KEY = ''
date = '{{ ds }}'
default_args = {
'start_date': datetime(2018, 2, 10, 0, 0),
'email': [],
'email_on_failure': True,
'email_on_retry': False,
'retries': 2,
'retry_delay': timedelta(minutes=5),
'catchup': False
}
dag = DAG(
'selenium_extraction_to_s3',
schedule_interval='@daily',
default_args=default_args,
catchup=False
)
def imap_py(**kwargs):
selenium_conn_id = kwargs.get('templates_dict', None).get('selenium_conn_id', None)
filename = kwargs.get('templates_dict', None).get('filename', None)
s3_conn_id = kwargs.get('templates_dict', None).get('s3_conn_id', None)
s3_bucket = kwargs.get('templates_dict', None).get('s3_bucket', None)
s3_key = kwargs.get('templates_dict', None).get('s3_key', None)
date = kwargs.get('templates_dict', None).get('date', None)
@provide_session
def get_conn(conn_id, session=None):
conn = (
session.query(Connection)
.filter(Connection.conn_id == conn_id)
.first()
)
return conn
url = get_conn(selenium_conn_id).host
email = get_conn(selenium_conn_id).user
pwd = get_conn(selenium_conn_id).password
vdisplay = Xvfb()
vdisplay.start()
caps = webdriver.DesiredCapabilities.FIREFOX
caps["marionette"] = True
profile = webdriver.FirefoxProfile()
profile.set_preference("browser.download.manager.showWhenStarting", False)
profile.set_preference('browser.helperApps.neverAsk.saveToDisk', "text/csv")
logging.info('Profile set...')
options = Options()
options.set_headless(headless=True)
logging.info('Options set...')
logging.info('Initializing Driver...')
driver = webdriver.Firefox(firefox_profile=profile,
firefox_options=options,
capabilities=caps)
logging.info('Driver Intialized...')
driver.get(url)
logging.info('Authenticating...')
elem = driver.find_element_by_id("email")
elem.send_keys(email)
elem = driver.find_element_by_id("password")
elem.send_keys(pwd)
elem.send_keys(Keys.RETURN)
logging.info('Successfully authenticated.')
sleep_time = 15
logging.info('Downloading File....Sleeping for {} Seconds.'.format(str(sleep_time)))
time.sleep(sleep_time)
driver.close()
vdisplay.stop()
dest_s3 = S3Hook(s3_conn_id=s3_conn_id)
os.chdir('/root/Downloads')
csvfile = open(filename, 'r')
output_json = 'file.json'
with open(output_json, 'w') as jsonfile:
reader = csv.DictReader(csvfile)
for row in reader:
row = dict((boa.constrict(k), v) for k, v in row.items())
row['run_date'] = date
json.dump(row, jsonfile)
jsonfile.write('\n')
dest_s3.load_file(
filename=output_json,
key=s3_key,
bucket_name=s3_bucket,
replace=True
)
dest_s3.connection.close()
with dag:
kick_off_dag = DummyOperator(task_id='kick_off_dag')
selenium = PythonOperator(
task_id='selenium_retrieval_to_s3',
python_callable=imap_py,
templates_dict={"s3_conn_id": S3_CONN_ID,
"s3_bucket": S3_BUCKET,
"s3_key": S3_KEY,
"date": date},
provide_context=True
)
kick_off_dag >> selenium
|
{
"pile_set_name": "Github"
}
|
/* ***** BEGIN LICENSE BLOCK *****
* Distributed under the BSD license:
*
* Copyright (c) 2012, Ajax.org B.V.
* All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions are met:
* * Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* * Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
* * Neither the name of Ajax.org B.V. nor the
* names of its contributors may be used to endorse or promote products
* derived from this software without specific prior written permission.
*
* THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
* WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
* DISCLAIMED. IN NO EVENT SHALL AJAX.ORG B.V. BE LIABLE FOR ANY
* DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
* (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
* ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
* SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*
* ***** END LICENSE BLOCK ***** */
/* This file was autogenerated from https://raw.github.com/JuliaLang/julia/master/contrib/Julia.tmbundle/Syntaxes/Julia.tmLanguage (uuid: ) */
/****************************************************************************************
* IT MIGHT NOT BE PERFECT ...But it's a good start from an existing *.tmlanguage file. *
* fileTypes *
****************************************************************************************/
define(function(require, exports, module) {
"use strict";
var oop = require("../lib/oop");
var TextHighlightRules = require("./text_highlight_rules").TextHighlightRules;
var JuliaHighlightRules = function() {
// regexp must not have capturing parentheses. Use (?:) instead.
// regexps are ordered -> the first match is used
this.$rules = { start:
[ { include: '#function_decl' },
{ include: '#function_call' },
{ include: '#type_decl' },
{ include: '#keyword' },
{ include: '#operator' },
{ include: '#number' },
{ include: '#string' },
{ include: '#comment' } ],
'#bracket':
[ { token: 'keyword.bracket.julia',
regex: '\\(|\\)|\\[|\\]|\\{|\\}|,' } ],
'#comment':
[ { token:
[ 'punctuation.definition.comment.julia',
'comment.line.number-sign.julia' ],
regex: '(#)(?!\\{)(.*$)'} ],
'#function_call':
[ { token: [ 'support.function.julia', 'text' ],
regex: '([a-zA-Z0-9_]+!?)([\\w\\xff-\\u218e\\u2455-\\uffff]*\\()'} ],
'#function_decl':
[ { token: [ 'keyword.other.julia', 'meta.function.julia',
'entity.name.function.julia', 'meta.function.julia','text' ],
regex: '(function|macro)(\\s*)([a-zA-Z0-9_\\{]+!?)([\\w\\xff-\\u218e\\u2455-\\uffff]*)([(\\\\{])'} ],
'#keyword':
[ { token: 'keyword.other.julia',
regex: '\\b(?:function|type|immutable|macro|quote|abstract|bitstype|typealias|module|baremodule|new)\\b' },
{ token: 'keyword.control.julia',
regex: '\\b(?:if|else|elseif|while|for|in|begin|let|end|do|try|catch|finally|return|break|continue)\\b' },
{ token: 'storage.modifier.variable.julia',
regex: '\\b(?:global|local|const|export|import|importall|using)\\b' },
{ token: 'variable.macro.julia', regex: '@[\\w\\xff-\\u218e\\u2455-\\uffff]+\\b' } ],
'#number':
[ { token: 'constant.numeric.julia',
regex: '\\b0(?:x|X)[0-9a-fA-F]*|(?:\\b[0-9]+\\.?[0-9]*|\\.[0-9]+)(?:(?:e|E)(?:\\+|-)?[0-9]*)?(?:im)?|\\bInf(?:32)?\\b|\\bNaN(?:32)?\\b|\\btrue\\b|\\bfalse\\b' } ],
'#operator':
[ { token: 'keyword.operator.update.julia',
regex: '=|:=|\\+=|-=|\\*=|/=|//=|\\.//=|\\.\\*=|\\\\=|\\.\\\\=|^=|\\.^=|%=|\\|=|&=|\\$=|<<=|>>=' },
{ token: 'keyword.operator.ternary.julia', regex: '\\?|:' },
{ token: 'keyword.operator.boolean.julia',
regex: '\\|\\||&&|!' },
{ token: 'keyword.operator.arrow.julia', regex: '->|<-|-->' },
{ token: 'keyword.operator.relation.julia',
regex: '>|<|>=|<=|==|!=|\\.>|\\.<|\\.>=|\\.>=|\\.==|\\.!=|\\.=|\\.!|<:|:>' },
{ token: 'keyword.operator.range.julia', regex: ':' },
{ token: 'keyword.operator.shift.julia', regex: '<<|>>' },
{ token: 'keyword.operator.bitwise.julia', regex: '\\||\\&|~' },
{ token: 'keyword.operator.arithmetic.julia',
regex: '\\+|-|\\*|\\.\\*|/|\\./|//|\\.//|%|\\.%|\\\\|\\.\\\\|\\^|\\.\\^' },
{ token: 'keyword.operator.isa.julia', regex: '::' },
{ token: 'keyword.operator.dots.julia',
regex: '\\.(?=[a-zA-Z])|\\.\\.+' },
{ token: 'keyword.operator.interpolation.julia',
regex: '\\$#?(?=.)' },
{ token: [ 'variable', 'keyword.operator.transposed-variable.julia' ],
regex: '([\\w\\xff-\\u218e\\u2455-\\uffff]+)((?:\'|\\.\')*\\.?\')' },
{ token: 'text',
regex: '\\[|\\('},
{ token: [ 'text', 'keyword.operator.transposed-matrix.julia' ],
regex: "([\\]\\)])((?:'|\\.')*\\.?')"} ],
'#string':
[ { token: 'punctuation.definition.string.begin.julia',
regex: '\'',
push:
[ { token: 'punctuation.definition.string.end.julia',
regex: '\'',
next: 'pop' },
{ include: '#string_escaped_char' },
{ defaultToken: 'string.quoted.single.julia' } ] },
{ token: 'punctuation.definition.string.begin.julia',
regex: '"',
push:
[ { token: 'punctuation.definition.string.end.julia',
regex: '"',
next: 'pop' },
{ include: '#string_escaped_char' },
{ defaultToken: 'string.quoted.double.julia' } ] },
{ token: 'punctuation.definition.string.begin.julia',
regex: '\\b[\\w\\xff-\\u218e\\u2455-\\uffff]+"',
push:
[ { token: 'punctuation.definition.string.end.julia',
regex: '"[\\w\\xff-\\u218e\\u2455-\\uffff]*',
next: 'pop' },
{ include: '#string_custom_escaped_char' },
{ defaultToken: 'string.quoted.custom-double.julia' } ] },
{ token: 'punctuation.definition.string.begin.julia',
regex: '`',
push:
[ { token: 'punctuation.definition.string.end.julia',
regex: '`',
next: 'pop' },
{ include: '#string_escaped_char' },
{ defaultToken: 'string.quoted.backtick.julia' } ] } ],
'#string_custom_escaped_char': [ { token: 'constant.character.escape.julia', regex: '\\\\"' } ],
'#string_escaped_char':
[ { token: 'constant.character.escape.julia',
regex: '\\\\(?:\\\\|[0-3]\\d{,2}|[4-7]\\d?|x[a-fA-F0-9]{,2}|u[a-fA-F0-9]{,4}|U[a-fA-F0-9]{,8}|.)' } ],
'#type_decl':
[ { token:
[ 'keyword.control.type.julia',
'meta.type.julia',
'entity.name.type.julia',
'entity.other.inherited-class.julia',
'punctuation.separator.inheritance.julia',
'entity.other.inherited-class.julia' ],
regex: '(type|immutable)(\\s+)([a-zA-Z0-9_]+)(?:(\\s*)(<:)(\\s*[.a-zA-Z0-9_:]+))?' },
{ token: [ 'other.typed-variable.julia', 'support.type.julia' ],
regex: '([a-zA-Z0-9_]+)(::[a-zA-Z0-9_{}]+)' } ] }
this.normalizeRules();
};
JuliaHighlightRules.metaData = { fileTypes: [ 'jl' ],
firstLineMatch: '^#!.*\\bjulia\\s*$',
foldingStartMarker: '^\\s*(?:if|while|for|begin|function|macro|module|baremodule|type|immutable|let)\\b(?!.*\\bend\\b).*$',
foldingStopMarker: '^\\s*(?:end)\\b.*$',
name: 'Julia',
scopeName: 'source.julia' }
oop.inherits(JuliaHighlightRules, TextHighlightRules);
exports.JuliaHighlightRules = JuliaHighlightRules;
});
|
{
"pile_set_name": "Github"
}
|
Disposition of medical waste such as, for example, contaminated hypodermic needles and syringes has become a serious problem in recent years. Frequently, such materials are disposed of in the sea and wash ashore, causing health and sanitation authorities to close shore-line areas to access by the public. Thus, there exists a need for a process of disposing of medical waste in a safe and permanent manner which does not result in contamination of the environment into which such waste is disposed. The present invention fulfills such a need.
While it is true that various processes and apparatus have been developed to dispose of various types of waste materials such as disclosed in U.S. Pat. Nos. 4,077,901; 4,459,211; 4,459,212; and 4,518,507 which disclose encapsulation of different types of waste materials in various types of resins and solidification of waste materials which are liquid or semiliquid. The prior art disclosures all relate to the chemical bonding or physical bonding of the toxic or contaminated waste with a detoxifying molecular encapsulator. The thus treated materials are then loaded into an encapsulating membrane of water-impermeable polymeric material, they do not solve the problem of the safe disposition of medical wastes, as does the present invention. On the other hand, the present invention, although it is disclosed herein as it applies to medical waste for purposes of simplicity, can also be employed in the disposition of other types of waste material since it does not depend upon molecular, atomic or similar bonding reactions of the toxic particles with the encapsulator.
|
{
"pile_set_name": "USPTO Backgrounds"
}
|
Q:
Is there a faster video rendering solution than using AndroidBitmap_xxx functions?
In my native thread I have FFMpeg getting and decoding frames then putting them in a queue.
On Java side I have a GLSurfaceView and from Renderer.onDrawFrame I'm calling into the native code passing a bitmap (that bitmap I create only once, then pass it every time).
In the native code I get the head of the queue, copy data to the java bitmap using AndroidBitmap_xxx functions, then render that Bitmap on Java side as a texture.
I wonder is there a faster way to render video? Shall I do it entirely in the native code, if yes, why it will be faster?
Edit: I now don't copy RGB frame pixels to the locked bitmap pixels, rather I decode YUV frame directly into the locked bitmap pixels. This makes rendering significantly faster (because no unneeded memcpy anymore) still the question remains.
A:
The most effective technique to change the pixels in the texture is called Render-to-Texture and can be done in OpenGL/OpenGL ES via FBOs. On desktop OpenGL you can use pixel buffer objects (PBOs) to manipulate pixel data directly on GPU (but OpenGL ES does not support this yet).
On unextended OpenGL you can change the pixels in system memory and then update texture with glTexImage2D/glTexSubImage2D - but this is inefficient last resort solution and should be avoided if possible. glTexSubImage2D is usually much faster since it only updates pixel inside the existing texture, while glTexImage2D creates entirely new texture (as a benefit you can change the size and pixel format of the texture). On the other side, glTexSubImage2D allows to update only parts of the texture.
You say that you want it to work with OpenGL ES, so I would propose to do the following steps:
replace glTexImage2D() with glTexSubImage2D() - if you gain enough performance that's it, just let it be;
implement render-to-texture with FBOs and shaders - it will require
far more work to rewrite your code, but will give even better
performance.
For FBOs the code can look like this:
// setup FBO
glGenFramebuffers( 1, &FFrameBuffer );
glBindFramebuffer( GL_FRAMEBUFFER, FFrameBuffer );
glFramebufferTexture2D( GL_FRAMEBUFFER, GL_COLOR_ATTACHMENT0, GL_TEXTURE_2D, YourTextureID, 0 );
glBindFramebuffer( GL_FRAMEBUFFER, 0 );
// render to FBO
glBindFramebuffer( GL_FRAMEBUFFER, FFrameBuffer );
glViewport( 0, 0, YourTextureWidth, YourTextureHeight );
your rendering code goes here - it will draw directly into the texture
glBindFramebuffer( GL_FRAMEBUFFER, 0 );
// cleanup
glBindFramebuffer( GL_FRAMEBUFFER, 0 );
glDeleteFramebuffers( 1, &FFrameBuffer );
Keep in mind that not all pixel formats can be rendered to. RGB/RGBA are usually fine.
|
{
"pile_set_name": "StackExchange"
}
|
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