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Saturday, June 30, 2012
RIM Cutting 5,000 Jobs and Pushing Back BB10 in Disastrous Quarter [Rim]
Wildfires spewing pollution across US
Besides torching forests and houses, wildfires throughout the United States are also releasing a lot of smoke and particulate matter into the air. ?
A map created using data from a NASA satellite shows the location and amount of pollution wildfires raging across the West have spewed into the skies above the United States. ?
The new map shows relative levels of tiny particles called aerosols, which have an important impact on weather and climate and are unsafe to breathe at certain concentrations. It was created by information gathered by the Suomi National Polar-orbiting Partnership satellite on June 26.
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More science news from msnbc.com
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Weird life preserved ... Pompeii-style
Science editor Alan Boyle's blog: Researchers find the weird shapes of the world's earliest-known baby animals preserved in rock on Newfoundland's coast, apparently thanks to a Pompeii-like volcanic blast.
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Weird life preserved ... Pompeii-style
The highest concentrations of aerosols appear reddish-brown, while the lowest are light yellow. Heavy concentrations of smoke and aerosols are visible to the northeast of the North Schell, Dump and Wood Hollow fires in Nevada and Utah. Thick smoke plumes from wildfires across Colorado have moved east and south into the plains states. Further south in Texas and New Mexico the map shows particulates from fires there, like the Whitewater-Baldy Complex fire, the largest in New Mexico's history.
The instrument on the satellite that measures aerosols, the Ozone Mapper Profiler Suite, works by analyzing the amount of light scattered and reflected by the atmosphere; smoke and dust reflect much more radiation than clear skies.?
Researchers who've analyzed the data used to make the map said that the western wildfires have affected air quality as far away as the East Coast. ?
Follow OurAmazingPlanet for the latest in Earth science and exploration news on Twitter @OAPlanet.? We're also on Facebook? and Google+.
? 2012 OurAmazingPlanet. All rights reserved. More from OurAmazingPlanet.
Source: http://www.msnbc.msn.com/id/48014954/ns/technology_and_science-science/
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California Foie Gras Ban: A Brief History Of Anti-Foie Measures
On July 1, California will be bound by the most sweeping anti-foie gras statute in the world. Consumed by few, the pricey delicacy made from duck or goose?s liver is lusted after by chefs and diners for its rich, singular flavor and versatility on the plate for everything from hot dogs to ice cream. Despite its limited production (compared to the no-less controversial factory farming of beef, chicken and pork), foie gras has been a common rallying cry for animal rights and vegetarian activists across the world. Like many of the world?s most coveted ingredients, foie gras suffers from a bit of an ethical foible: the force-feeding required to enlarge the duck or goose?s liver in the final 2-3 weeks of its life (?foie gras? is, after all, French for ?fat liver?).
The key question is whether the process, called ?gavage,? of putting a tube down the animal?s throat rises to the level of actual animal cruelty. Foie defenders will tell you that gavage is almost second-nature to ducks and geese, whose bodies happen to be built to seasonally gorge themselves to prepare for migration. Their esophagi expand easily and they lack a gag reflex, so the process isn?t as uncomfortable ? if it?s uncomfortable at all ? as we might be led to believe. Foie opponents contend that the practice, which swells the animals? livers to many times their normal size, is inherently inhumane.
At least 14 countries now have some sort of foie gras ban on the books, though most of these only target its production ? not possession or consumption ? through laws banning force-feeding as part of larger animal cruelty measures. The two exceptions to this are Chicago?s short-lived ban and California?s impending law, which not only prohibits foie gras production but also bars shops and restaurants from selling it. It?s the closest thing to a scorched earth victory foie gras opponents might ever see.
See the timeline below for a brief history of these measures.
1965: Luxembourg bans animal force-feeding, unless its health specifically requires it, effectively banning the production of foie gras.
July, 1972: Germany bans force-feeding.
December, 1974: Norway bans force-feeding.
June, 1991: Denmark bans force-feeding.
1993: The Czech Republic bans force-feeding, "particularly poultry in intensive farming."
April, 1996: Finland bans force-feeding "for fattening purposes."
August, 1997: Poland bans force-feeding for the purposes of the "fatty degeneration of livers."
December, 1998: The EU's Scientific Committee on Animal Health and Animal Welfare publishes an influential, 89-page report on foie gras production that helps form the EU's policy.
June, 1999: The EU prohibits foie gras production in member states effective 2004, except where it is already "in current practice," and calls for research into alternative techniques for its production that don't require force-feeding.
August, 2000: England effectively bans foie gras production under an interpretation of its farmed animal welfare regulations, which otherwise don't explicitly ban force-feeding.
March, 2001: Italy issues a legislative decree to ban foie gras production in 2004, calling force-feeding "torture" and "barbaric."
August, 2003: Argentina bans foie gras production, saying "force feeding must be considered mistreatment or an act of cruelty to animals, in this case to geese or ducks."
August, 2003: Israel prohibits the production of foie gras, starting in 2005. Unlike other countries where the bans were decided legislatively, anti-foie activists ultimately earned a ruling from Israel's Supreme Court who agreed that force-feeding violated animal cruelty laws. In 2003, Israel had the third largest foie gras industry in the world after France and Hungary.
September, 2004: California Governor Arnold Schwarzenegger signs into law a ban on the sale and production of foie gras starting in 2012. ?This bill provides seven and a half years for agricultural husbandry practices to evolve and perfect a humane way for a duck to consume grain to increase the size of its liver through natural processes,? he said in his signing statement. ?If agricultural producers are successful in this endeavor, the ban on foie gras sales and production in California will not occur.?
April, 2006: After a campaign by animal rights groups, the city of Chicago bans the sale of foie gras by a vote of 48 to 1, making it the first city in the U.S. to do so. The measure, enforced only through citizen complaints, fines restaurants $250, then $500 per offense after an initial warning. Upset with being told what they could and could not serve, in acts of civil disobedience one day after the ban, chefs who didn't typically have foie gras on their menus nonetheless serve it in various forms.
May, 2008: Mayor Richard M. Daley, who called Chicago's ban the "silliest" ordinance the city had ever passed, puts forward a bill to repeal it. The City Council votes to overturn Chicago's foie gras ban by a vote of 37-6.
July, 2011: France and Germany get into a a diplomatic kerfuffle after a major German food fair prohibits the inclusion of French foie gras. Alain Fauconnier, a Socialist member of France's senate, remarked, "It's unbelievable. It's like banning German sausages in France. The economic cost is enormous."
December, 2011: While the U.K. has banned the production of foie gras, it can still be served at restaurants. Most supermarkets, however, prohibit the sale. Celebrity butcher Jack O'Shea was escorted out of Selfridges supermarket for illegally selling foie gras to customers that knew his secret password. Two months later he was fired from his post.
Spring, 2012: Several prominent chefs and restaurateurs who oppose the California ban form a coalition in protest. They host elaborate foie-filled meals. Due to increased demand in California, the price of foie gras price nearly doubles and becomes harder to find. At the James Beard Awards, chefs sport "Save The Foie" pins.
May, 2012: Brandishing a less common strategy in the fight to ban foie gras, leading animal rights groups file a lawsuit against the USDA claiming that foie gras is inherently the product of diseased birds, due to their oversized livers, and therefore is illegal under existing USDA regulations.
July, 2012: California's foie gras ban takes effect. Violators risk fines of up to $1,000. The sole producer of foie gras in California, Sonoma-Artisan, will cease operations on July 1.
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Source: http://www.huffingtonpost.com/2012/06/29/california-foie-gras-ban_n_1635542.html
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Friday, June 29, 2012
Vietnamese officials destroy 2 new church buildings
LOS ANGELES ?(CDN) ? Vietnamese officials in Muong Cha district, Dien Bien Province, destroyed two new church buildings of ethnic minority Hmong Christians this month and threatened to tear down a third.
The Ho He Church, erected in April by the unregistered Vietnam Good News Mission, was demolished on June 17. The Phan Ho Church of the registered Evangelical Church of Vietnam (North) was destroyed on June 13, 2012. The church threatened with demolition, The Cong Church, also belongs to the Vietnam Good News Mission.
These congregations of 500 to 600 people, which began as house churches, had long outgrown even the largest home, so the Hmong had sacrificed and worked to erect wooden worship buildings. As local police, paramilitary forces and other authorities descended on the church buildings by the dozens, the Christians could only watch with deep sadness and frustration as the houses of worship were reduced to rubble and government promises about freedom of religion were again broken, area sources said.
The Hmong Christian movement in Vietnam?s Northwest Mountainous Region has grown from nothing to some 400,000 believers in the last two decades. The Hmong Christians remain under heavy government suspicion and are regularly objects of harassment and sometimes outright persecution.
According to a trusted Compass source, these incidents, among other things, demonstrate the dysfunction of the government?s church registration regime. New regulations on church registration were promulgated in 2004 and 2005, ostensibly to expand religious freedom and move Vietnam from an ideological opposition to religion to a managerial approach.
Particularly promising was the Prime Minister?s Special Directive No. 1 Regarding Protestantism. It promised quick registration for local congregations to carry on religious activity while larger issues were being worked out.
Since this legislation appeared, nine Protestant denominations have received legal recognition. They report that the disclosure required in the registration process, however, has led to more government scrutiny and has not reduced long waiting times for routine permissions.
Yet more than half of Vietnam?s Protestants remain unregistered, with many seeing their prospects for becoming legally recognized as hopeless. Hundreds of congregations have tried to apply for registration under the Prime Minister?s Special Directive, only to have officials simply refuse to accept the applications. Others who apply to register are told they cannot because they are not legal, or that they can?t register because there are no Christians where they live.
If the registration request is received, sources said, it often goes unanswered for years, contrary to time limits for government reply in the legislation. Christian leaders who have long tried to register their congregations say that fewer than 5 percent have been granted permission to carry on religious activities.
As a result, sources said, large numbers of congregations remain subject to various kinds of harassment and sometimes arbitrary closure. Authorities tell denominational leaders they may not visit their churches, or even their pastors, because they are not legal.
The large Catholic Church in Vietnam regularly finds its congregations in tension with local authorities. On June, 18, for example, the archdiocese of Vinh published on a Catholic website a letter, directed to all levels of government, about the persecution of Christians in Chau Binh Commune in Nghe An Province.
When a priest arrived in the commune to bless a new home, many officials gathered to prevent the ceremony. They shouted abuse at the Catholics and hurled rotten eggs at an altar prepared for the house-blessing ceremony. The following night, thugs invaded the home of Tran Van Luong, a Catholic who had dared object to the officials? conduct, and beat him, his wife and three others, sources said.
The five required emergency medical aid, and Luong?s wife was still drifting in and out of consciousness at the time the letter was written.
The letter from the archdiocese specifies in detail how the officials? conduct violates the U.N. Universal Declaration of Human Rights and the constitution of Vietnam, as well as Vietnam?s new religion legislation and its criminal code. It concludes with an appeal for a prompt investigation to provide justice.
Rarely does the government of Vietnam respond to such petitions, sources said; instead, it often vilifies the petitioners.
An official news release on a high-level meeting about the effectiveness of the Prime Minister?s Special Directive No. 1, issued on Feb. 28 in Vietnamese, was likely more telling than intended; the official English-language report on the meeting used other language entirely. In the Vietnamese version, an official of the Government Committee on Religious Affairs said the directive had provided a ?breakthrough? in the government?s management of religion by ?limiting the unusually rapid development of the Protestant religion.?
Thus, the very instrument that was publicized locally and internationally as proof of Vietnam?s liberalizing religion policy apparently had contrary purposes.
At the same meeting, a deputy prime minister announced the appointment of General Pham Dung of the Ministry of Public Security as the new head of the Government ?Committee on Religious Affairs. According to Vietnamese Protestant leaders, this was not a heartening development.
Vietnam was ranked 19th on the 2012 World Watch List of the 50 countries where persecution is worst, as determined by Christian support organization Open Doors.
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Nora Ephron: A Big-Screen Love Letter
We fondly remember the cinematic legacy of the director/screenwriter who died Tuesday at the age of 71.
By Amy Wilkinson
Nora Ephron
Photo:
It couldn't have been more than six months ago that a male friend and I were engaged in an uncharacteristically earnest Gchat conversation about the genius of "When Harry Met Sally..." And as philosophical discussions of that sort often go, we couldn't help but wonder why they don't make romantic comedies like they used to. (Oh, the loathsome they: such a handy scapegoat!)
Of course, each generation is wont to think theirs did it best, but it was probably a curious conversation for us to be having considering we hadn't even finished the second grade when the film debuted in 1989. But our belated affinity for the film speaks volumes to the timelessness of a screenplay written by filmmaker Nora Ephron, who died Tuesday at the age of 71.
Ephron wasn't the first to ponder the oft-fraught friendships that develop between men and women, but her commentary on the subject remains among the most true. More than 20 years after Harry (Billy Crystal) and Sally (Meg Ryan) met and road-tripped from Chicago to New York City, the question of whether the "sex part" always gets in the way continues to be a favorite cinematic trope (see: "Friends With Benefits," "No Strings Attached"). But those efforts seem superfluous in the shadow of Ephron's Oscar-nominated achievement.
The New York-born writer was a journalist by trade, who made her foray into feature films with 1983's "Silkwood," which starred Meryl Streep, Kurt Russell and Cher. Ephron (along with co-screenwriter Alice Arlen) received her first of three Oscar noms for the biopic's script based on the life of Karen Silkwood, who died under suspicious circumstances while investigating the processing plant where she worked. Ephron penned a handful of dramatic screenplays (including a a few politically charged scripts that never saw the light of day), but it is her earnest romantic comedies that Ephron will always be remembered for.To wit, today's mostly treacly romantic romps make Ephron's films seem a revelation— and, thankfully, never once a rescue mission. Her female characters were never sad-sack spinsters whose only aim was to find a man. In fact, oftentimes, such as in "Sleepless in Seattle" and "You've Got Mail," the female protagonist was already in a relationship when a new one began to blossom with the real Mr. Right.
But if an Ephron heroine were ever to be considered in need of salvation, so too were her heroes: both equally formidable and equally flawed. In "Sleepless in Seattle," Meg Ryan's Annie, stuck in a lackluster relationship with Bill Pullman's Walter, was as much rescued by Tom Hanks' widowed Sam as she rescued him, bringing him back to life atop the twinkling Empire State Building.
Much of what made Ephron's characters so indelible was what came out of their mouths. The screenwriter excelled at witty, quippy dialogue that often beat with the quickened pulse of New York City (a frequent setting for her films). I mean, "I'll have what she's having"? Come on! And don't even get me started on Harry's proclamation of love to Sally. To this day, I can't even read the monologue without getting a little misty-eyed: "... And I love that you are the last person I want to talk to before I go to sleep at night. And it's not because I'm lonely, and it's not because it's New Year's Eve. I came here tonight because when you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible." (Do yourself a favor and read her entire quotes page on Goodreads.)
Of course, Ephron wasn't just a scribe but a keen director, who got the best out of her actors and understood the power of a Meg Ryan-Tom Hanks one-two punch. And in the end, she had no delusions about what her career was and wasn't, telling MTV News in a 2009 interview while promoting her final film, "Julie & Julia," that she never felt penned in by the romantic-comedy genre.
"I'm not complaining about any box that I'm in, because I can write whatever I want," Ephron said. "Fortunately, I'm not just in the movie business, so I don't feel that the only way I can express myself is by the movies I make."
Fortunately for us, she was in the movie business, and she never once faked it.
Share your condolences for Ephron's family and friends in the comments.
Related Videos Related PhotosSource: http://www.mtv.com/news/articles/1688532/nora-ephron-dead-film-legacy.jhtml
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Thursday, June 28, 2012
Broadway's 'Memphis' to close in August
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PHOTO: Looking Posh! The Spice Girls Reunite in London
Get ready to feel really, really old. Twelve years after they disbanded (and four years after we last saw them together), the Spice Girls reunited on the steps of the St. Pancras Renaissance London Hotel (where their "Wannabe" music video was filmed in 1996) to celebrate the launch of Viva Forever, a new West End musical based on their greatest hits.
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Tuesday, June 26, 2012
Slow sharks snack on sleeping seals
The Greenland sleeper shark has just been tagged the slowest fish in the sea relative to its size, according to a new study that also found the sharks have a sneaky way to still nab live prey ? they attack sleeping seals.
The results may explain how these sluggish sharks (Somniosus microcephalus), also called sleeper sharks for their slowness, manage a diet that includes seals. Reports have shown this slowpoke of the Arctic and North Atlantic consumes ringed seals (Pusa hispida), harbor seals (Phoca vitulina), hooded seals (Cystophora cristata) and bearded seals (Erignathus barbatus).
Scientists have known that cold water can slow down fish as it depresses their metabolisms. To find out if the cold waters put the brakes on the Greenland sharks and whether they still have the speed to catch seals, three researchers studied six of the sharks in the waters of Svalbard, Norway. [ Gallery: Seals of the World ]
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Science editor Alan Boyle's blog: A glammed-up video that uses high-heeled models to tout science as a "girl thing" is attracting catcalls from the Twitterverse, and justly so.
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They equipped the free-swimming sharks with data-logging tags to measure swim speed and tail-beat frequency, which indicates the speed of contraction of their locomotion muscles that can be slowed down in chilly waters. The average water temperature was 36 degrees Fahrenheit (2.3 degrees Celsius).
They compared the results with about 20 wild fish species weighing 0.4 to 8,600 pounds (0.2 to 3,900 kilograms); the Greenland sharks studied weighed 450 to 756 pounds (204 to 343 kg).
The Greenland sharks showed cruising speeds of about 0.76 miles per hour (0.34 meters per second) and a tail-beat frequency of 0.15 Hertz, both of which were lowest for their size across fish species examined.
The chilly waters may explain the slow tail-beating, the researchers suggest. Sharks and other animals can partially compensate for the slowing effect of cold waters by recruiting more muscle fibers to certain tasks or by having cold-adapted muscle fibers.
However, the fact that Greenland sharks were found to be so slow despite living in Arctic waters suggests the sharks don't seem to fully compensate for the depressing effects of the chill on muscle function.
But perhaps the sharks could rev up some speed when going after a seal meal, but the researchers found this wasn't the case; the sharks' maximum speeds (1.7 mph, or 0.74 m/s) and acceleration during burst swimming were much lower than those of seals.
It's likely the sharks are attacking sleeping seals. Unlike cetaceans, which keep half of their brains alert while the other half "sleeps," seals seem to wholly go to sleep, either at the surface or underwater.
"Arctic seals sleep in water to avoid predation by polar bears Ursus maritimus, which may leave them vulnerable to this cryptic slow-swimming predator," the researchers write in the Journal of Experimental Marine Biology and Ecology.
Follow LiveScience on Twitter @livescience. We're also on Facebook? and Google+.
? 2012 LiveScience.com. All rights reserved.
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Monday, June 25, 2012
'Avengers' Sunk 'Battleship,' Director Peter Berg Says
'What I need everyone to do is go see 'Battleship' now that they've seen 'Avengers' five times,' Berg tells MTV News of sequel chances.
By Josh Wigler, with reporting by Kelly Marino
Taylor Kitsch in "Battleship"
Photo:
If there's one thing you can count on Earth's mightiest heroes to accomplish, it's kicking alien ass. Iron Man, Captain America and the rest of the gang didn't just destroy the extraterrestrial threat in their movie, either — they also sunk the aliens of "Battleship" without even knowing it.
"Battleship" director Peter Berg spoke with MTV News recently about his thoughts on the box-office earnings of his latest big-budget blockbuster. The Hasbro adaptation has earned $235 million overseas, but only $63 million at the domestic box office — an outcome Berg pins on the outstanding success of "Marvel's The Avengers."
"The movie kicked butt internationally, but we kind of ran into a wall when 'Avengers' refused to go away," he told MTV News. " 'The Avengers' outperformed everything. It was impossible for 'Battleship' to get any oxygen."
Asked if he would do anything differently with the "Battleship" release knowing what he knows now, Berg had one idea in mind.
"I would have loved to have come out three weeks before 'The Avengers' domestically, like we did internationally," he said. "We did OK, but in hindsight — which my grandmother used to say is worth about a bucket of spit — we would have [released the movie] ahead of 'The Avengers,' not realizing it would have become, I think, the second biggest film in history behind 'Avatar.' "
"Avengers" is actually the third-highest-grossing film of all time behind "Titanic," but who's counting? Berg is. When asked if he'd be interested in filming a "Battleship" sequel, he had a numbers-oriented answer in mind.
"What I need everyone to do is go see 'Battleship' now that they've seen 'Avengers' five times. If they do that, we can definitely make a sequel," he said. " 'Battleship' is a film that I would definitely like to do a sequel to. I loved making that film. I had a great time with it."
Do you want to see a "Battleship" sequel? Tell us in the comments below!
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EWTN: Vatican calls for AIDS medicine to be free: Rome, Italy, Jun 23, 2012 / 05:09 pm (EWTN News/CNA).- ... http://t.co/DsWRoIE0 #Catholic
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Firebrand cleric says Iraqi PM should resign
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Sunday, June 24, 2012
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David R. Ginsburg: Reality Television and the Limitations of Copyright
Recent weeks have seen much entertainment industry and legal attention to an aggressive dispute between two networks over a pair of "reality" television shows. CBS has broadcast Big Brother in the United States since 2000, and it got wind of a prospective but as-yet uncompleted show entitled The Glass House it believed ABC was developing for a June 18, 2012 debut. In general, both shows involve a group of people living together in a house, sequestered from the outside world, continuously monitored by numerous television cameras, and on both shows contestants are eliminated over a respective season until there is a prize winner. In May, after warning ABC not to proceed, CBS filed a lawsuit in federal court, alleging copyright infringement, trade secret misappropriation, unfair competition, and various other breaches and wrongdoing. CBS vested particular ire in the claim that several former Big Brother employees had been engaged to work on ABC's show, though the conflation of that part of the complaint with the copyright count underplayed the separable nature of the alleged breach of employment obligations and any potential infringement by the ABC show as it might be finally produced.
On June 15, the presiding judge announced that, in accordance with relevant precedent, he was inclined to deny CBS' request for a temporary restraining order to halt ABC's airing of its show, which, in fact, proceeded as scheduled. CBS appeared so frustrated at the foregoing that it issued a press release sarcastically announcing two imaginary shows, Dancing On the Stars and Postmodern Family, both mocking current ABC properties. On June 21, the matter interimly culminated when the judge issued a detailed civil minute opinion finding that CBS was unlikely to prevail on the merits, that it had failed to demonstrate entitlement to the relief it sought, and denying an order to show cause for a preliminary injunction. My instinct, however, is that CBS is too astute and is too well-represented not to have expected the court's reasoning and these results. If so, what motivates the relentless attempts by reality TV plaintiffs to seek injunctive and damage relief that courts are simply not granting?
There can be no doubt that, in the mind of the public, the industry press and blogosphere, and, often, even in the words of plaintiff's learned counsel in this kind of case, the second and subsequent shows in what is a typical cycle of seriatim reality programs with a similar premise -- without any aspersions cast, think of American Idol, America's Got Talent, and The Voice, or Pawn Stars and Hardcore Pawn, or any reality show about finding, buying, selling, or remodeling a house -- inevitably provoke pejorative rubrics such as "copycat" and "knock-off" despite the absence of meaningful judicial concurrence. The simple problem faced by irked plaintiffs searching for a way to prohibit subsequent reality TV shows of similar content, however, is that American copyright law was neither Constitutionally conceived nor legislatively drafted to prohibit that sort of "copying". Indeed, it was designed to permit it. The operative principle is that copyright law does not protect basic ideas -- that is, say, a show featuring a talent competition or the activities in a pawn shop -- but, rather, only the original and concrete expression of such ideas. The difference is embodied in a doctrine called the "idea-expression dichotomy", and while a precise, one-size-fits-all definition of the idea-expression boundary has always been elusive, for our purposes a progression from abstraction to concreteness in detail is helpful and illustrative. To violate an author's valid copyright, it is thus not enough that another work comprises merely similar ideas, or even that its ideas were, as commonly understood, "copied". The standard instead is one the courts call substantial similarity, which evidences a significantly higher coincidence of shared expressive content.
The dimensions of comparison in substantial similarity analysis may include plot, characters, dialogue, sequence of events, setting, tone, and theme, which the works in question must be demonstrated to share as concrete expression to a high degree. Some plaintiffs, seemingly aware that they can adduce only scant similarities among the above touchstones, also rely on a stopgap claim of "compilation", alleging that facts or ideas are collated or ordered in a similar way. The Supreme Court has ruled, however, that a compilation- based copyright is on narrow grounds, or "thin", such that the infringement must be virtually identical, a level beyond substantial similarity. Moreover, there are certain classes of similarities, however, even if present, that cannot form the basis for a finding of substantial similarity between two works if they constitute one or more of the following: a mere inexpressive idea, fact, or concept; predictable stock content common to a genre; material found in third-party works extant prior to the plaintiff's creation; a taking considered a "fair use" for legal and policy reasons; or material already in the public domain. Applying the above generally, while copyright law would not protect the bare idea for a movie with an abstract, archetype lawman, a bad guy, and a shootout, it would much more likely protect the aggregate, concretely described and expressive lawman, bad guy, and shootout elements of, say, High Noon or Die Hard.
The courts have extended to reality television the same copyright principles and standards as were developed primarily in the fictional or dramatic context. In a line of cases dating back to -- guess what? -- the 2003 prior match where CBS lost its claim that ABC's I'm a Celebrity, Get Me Out of Here! infringed Survivor, courts that decided the matter have declined relief to reality TV plaintiffs, largely on the basis that the defendants' shows simply shared ideas or stock elements. The actual progression of incident, the concrete specifics of the "characters" (the hosts, announcers, contestants, coaches, and other participants), the words they uttered, and the expressive content, design, and detail of the setting, all taken together, were quite different where the law demands that they be quite -- or "substantially" -- similar, and even where they shared certain similar ideas.
Were the governing copyright principles to be otherwise, then, for example, the first talk show featuring an announcer, a live band, a stand-up comedian host, a raised stage arranged with a guest couch and the host's desk, silly games played with audience participation, two celebrity guests, and a concluding musical act could purport to secure an exclusive copyright to the above as against subsequent talk shows with the listed similarities, an intuitively absurd result, and one contrary to sound policy. The same could be said of two classic situation comedies, I Love Lucy and The Dick Van Dyke Show, where both shows feature a family which includes a father in show business, a housewife mother, a son named Ricky or Ritchie, set principally in the family's living room and the father's workplace, where the family closely interacts with its immediate neighbors who often drop in unannounced, and where the mother's antics often get her in trouble with her husband. Once again, the two shows are not substantially similar because they only share the commonality of the above abstract ideas, not their expression, which lies in the concrete realization of those ideas, and which, compared show-to-show and episode-to-episode, differed fundamentally as to story, more specific character details, and so on. Had the above or comparable lists of idea similarities been exclusively protected at the dawn of talk shows or situation comedies, the development of entire genres of television and those who work in them might have been impermissibly curtailed.
Litigants would be well-served to think of copyright protection as a cordon sanitaire of expression within which proprietors enjoy defined and exclusive rights for limited times, but beyond which other creators are free to use more general ideas, concepts, and certain other content. As the Ninth Circuit federal appellate court (which includes California) enunciated in Satava v. Lowry, Congress
granted artists the exclusive right to the original expression in their works, thereby giving them a financial incentive to create works to enrich our culture. But it denied artists the exclusive right to ideas and standard elements in their works, thereby preventing them from monopolizing what rightfully belongs to the public.And because of that, people in The Glass House may throw stones.
David R. Ginsburg is the executive director of the Entertainment, Media, and Intellectual Property Law Program at the UCLA School of Law, where he is also a lecturer. He frequently acts as an expert witness in entertainment litigation, and he has done so on behalf of both CBS and ABC in the past, though he is not involved in the present case.
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Alan Turing: Have you unlocked the secret Google doodle message?
Alan Turing would have turned 100 on Saturday. In honor of him, Google created a mini computer. Can you solve its riddle? (Google.com)
Google swapped out its normal logo on Saturday in honor of Alan Turing. It's silly to say that one man won World War II, but if you had to pick just one guy, it would probably be Turing. His team of code breakers cracked the Germany military's secret cipher, allowing the Allies to intercept and read enemy messages. Without such a breakthrough, the war most likely would have ground on for several years longer than it did.?After Germany surrendered, Turing went on to become the father of?computer science and artificial intelligence.
So, for Turing's 100th birthday, Google created a simple computer ? one with a secret code of its own.?
The simulated computer is a counting machine. The number goes up by one each time. But it doesn't count 1, 2, 3, 4. Instead, it goes 1, 10, 11, 100. That's because it's counting in binary, the?language?of computers.?
Humans have 10 fingers, so it makes sense for us to count up to 10 and then start recycling numbers. After 1 through 9, we have 10 through 19, then 20 through 29, and so on. But once you hit 99, you've run out of new two-digit numbers, so you jump to 100, a three-digit number.
Binary works the same way, with one big exception: it only uses zeros and ones. There are no twos, threes, or nines. Just zeroes and ones.
So in binary, you start counting with 0, then 1. You've run out of new single digits, so you hop to 10, then 11. Now you're out of two-digit numbers, so you leap to 100, 101, 110, 111. Think for a moment. What comes next? (Psst, it's 1000.)?
Back to Google's puzzle. If you click on the green arrow below Google's name, the faux machine will present you with a little puzzle.?
Can you make the large number in the center match the number in the top-right corner? In order to pull this off, Google created a super basic programming?language, represented by the symbol along the bottom.?Each symbol commands the machine. Arrows move the ticker tape in one direction or the other. Numbers tell the machine to swap in that value, so a "0" command would replace a whatever number is already there with a 0.?The rules get more complex after that, but we'll deal with those later. For now, just worry about the yellow commands, those are the only ones that you can change.
One more thing: You can't hit the symbols like you would keys on a keyboard. Instead, you enter a full line of commands and then hit execute.
The first puzzle asks you to turn 00010 into 01011. Read on if you want the answer, or flip to the next few pages for solutions to the later problems.
How to solve Turing puzzle #1:
Turn both of the 0s into 1s, then hit the green button. The machine will start rolling and convert 00010 into 01011.
One down!
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For minority college students, STEM degrees pay big
Friday, June 22, 2012
Minority college students who major in the STEM fields ? science, technology, engineering and math ? earn at least 25 percent more than their peers who study humanities or education, according to the results of a new study.
And those who took jobs related to their STEM degrees earned at least 50 percent more than their classmates who majored in humanities or education fields.
Published in the June issue of Research in Higher Education, the study followed more than 1,000 Asian and Pacific Islander, Latino and black students over nine years. The students were scholarship applicants for the Gates Millennium Scholars Program funded by the Bill & Melinda Gates Foundation, which awards grants to highly motivated, low-income minority students.
While minority groups continue to be underrepresented in the STEM fields, the study's researchers believe this will change if students understand how much more money can be earned in those fields.
"The premiums for majoring in STEM fields are huge," said lead author Tatiana Melguizo, associate professor of education with the USC Rossier School of Education. "We need to educate students that if they get a job in a STEM-related occupation, they have an even higher earning premium. Otherwise, students aren't reaping the economic benefit of all the hard work they went through as undergrads."
Overall, Latinos reported the highest average earnings after college - $42,180 annually - relative to the other minority groups. Black students reported earning $35,900 and Asian Pacific Islanders earned $40,261 (data in 2006 dollars).
Latinos majoring in STEM fields also reported the highest earnings among the groups studied: an average of $56,875 per year, higher than the reported average salaries of $39,365 for blacks and $47,530 for Asian Pacific Islanders.
The study's authors said more research must be done to determine whether these discrepancies are attributable to different career preferences among racial/ethnic groups or employers' hiring decisions, as well as the role colleges and universities play in the career and occupational development of minority students.
"Among the high achieving minority students we studied, Latinos not only reported the highest annual earnings overall, but also reported the highest annual earnings among STEM majors," said study co-author Gregory Wolniak, a senior research scientist at the independent research organization NORC at the University of Chicago. "Preliminary findings suggest this may partially be due to Latino students' ability to find jobs related to their major. These findings are encouraging signs that strengthening the pipeline of underrepresented students into STEM careers offers a viable solution to our nation's growing competitiveness problem in engineering and science fields."
###
University of Southern California: http://www.usc.edu
Thanks to University of Southern California for this article.
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