In the wake of the recent discussions about copyright sparked by Pinterest’s Terms of Service , I thought it would be informative to answer the question, “How do artists protect their work online?”
Here are the answers from a spectrum of science-artists.
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This photo combo shows George Zimmerman. At left is a 2005 booking photo provided by the Orange County Jail via The Miami Herald, and at right is an undated but recent photo of Zimmerman taken from the Orlando Sentinel's website showing Zimmerman, according to the paper. Zimmerman, a neighborhood watch volunteer in the town of Sanford, Fla., told police he shot unarmed 17-year-old Trayvon Martin on Feb. 26. The photo of Zimmerman at right is a sharp contrast from the widely used 2005 booking photo from an arrest in Miami Dade County. (AP Photo)
This photo combo shows George Zimmerman. At left is a 2005 booking photo provided by the Orange County Jail via The Miami Herald, and at right is an undated but recent photo of Zimmerman taken from the Orlando Sentinel's website showing Zimmerman, according to the paper. Zimmerman, a neighborhood watch volunteer in the town of Sanford, Fla., told police he shot unarmed 17-year-old Trayvon Martin on Feb. 26. The photo of Zimmerman at right is a sharp contrast from the widely used 2005 booking photo from an arrest in Miami Dade County. (AP Photo)
FILE - In this undated file photo provided by the Martin family, Trayvon Martin holds an unidentified baby. Martin was slain in the town of Sanford, Fla., on Feb. 26 in a shooting that has set off a nationwide furor over race and justice. Neighborhood crime-watch captain George Zimmerman claimed self-defense and has not been arrested, though state and federal authorities are still investigating. When he was shot, Martin was not the pint-sized baby-faced boy in photos that have been on front pages around the country. And Zimmerman wasn't the hulking figure in the mugshot that has been making the newspapers. These photos are several years old, yet they may well have shaped public perceptions of the shooting. (AP Photo/Martin Family, File)
FILE - This undated file photo provided by the Martin family, shows Trayvon Martin snowboarding. Martin was slain in the town of Sanford, Fla., on Feb. 26 in a shooting that has set off a nationwide furor over race and justice. Neighborhood crime-watch captain George Zimmerman claimed self-defense and has not been arrested, though state and federal authorities are still investigating. When he was shot, Martin was not the pint-sized baby-faced boy in photos that have been on front pages around the country. And Zimmerman wasn't the hulking figure in the mugshot that has been making the newspapers. These photos are several years old, yet they may well have shaped public perceptions of the shooting. (AP Photo/Martin Family, File)
FILE - This undated file family photo shows Trayvon Martin. Martin was slain in the town of Sanford, Fla., on Feb. 26 in a shooting that has set off a nationwide furor over race and justice. Neighborhood crime-watch captain George Zimmerman claimed self-defense and has not been arrested, though state and federal authorities are still investigating. When he was shot, Martin was not the pint-sized baby-faced boy in photos that have been on front pages around the country. And Zimmerman wasn't the hulking figure in the mugshot that has been making the newspapers. These photos are several years old, yet they may well have shaped public perceptions of the shooting. (AP Photo/Martin Family, File)
WEST PALM BEACH, Fla. (AP) ? When he was shot, Trayvon Martin was not the baby-faced boy in the photo that has been on front pages across the country. And George Zimmerman wasn't the beefy-looking figure in the widely published mugshot.
Both photos are a few years old and no longer entirely accurate. Yet they may have helped shape initial public perceptions of the deadly shooting.
"When you have such a lopsided visual comparison, it just stands to reason that people would rush to judgment," said Kenny Irby, who teaches visual journalism at the Poynter Institute, a journalism think tank in St. Petersburg, Fla.
The most widely seen picture of Martin, released by his family, was evidently taken a few years ago and shows a smiling, round-cheeked youngster in a red T-shirt. But at his death, Martin was 17 years old, around 6 feet tall and, according to his family's attorney, about 140 pounds.
Zimmerman, 28, is best known from a 7-year-old booking photo of an apparently heavyset figure with an imposing stare, pierced ear and facial hair, the orange collar of his jail uniform visible. The picture, released by police following the deadly shooting, was taken after Zimmerman's 2005 arrest on an assault-on-an-officer charge that was eventually dropped.
In a police video made public this week of Zimmerman being brought in for questioning a half-hour after the shooting, the 5-foot-9 man appears much slimmer.
In a case that has caused a nationwide furor over race and the laws of self-defense, Martin was shot to death by Zimmerman in the city of Sanford on Feb. 26 as the unarmed black teenager was walking back from a convenience store.
Zimmerman, a neighborhood watch volunteer whose father is white and whose mother is Hispanic, has claimed self-defense, saying he opened fire after Martin punched him in the face, knocked him to the ground and began slamming his head on the sidewalk.
Black leaders and others are demanding Zimmerman's arrest on murder or manslaughter charges, but state and federal authorities are still investigating.
Betsi Grabe, a professor at Indiana University-Bloomington who has studied the effect of news images on public opinion, said photos that gain the most traction play into the desires of both journalists and the public for a story with a distinct victim and aggressor.
"At the center of most stories we tell in our society, cross-culturally and across the centuries, is the struggle between good and evil," she said. "If the ingredients are there, that is what journalists will grab onto and present."
Grabe said it is natural to present the most innocent-looking image of the person believed to be the victim, and the most menacing one of the suspect.
A more complex portrait of the two figures has emerged since then. A photo of a beaming Zimmerman looking sharp in a jacket and tie has come out, along with a more recent picture of Martin, with gold teeth and a white sleeveless undershirt. At the same time, it was learned that Martin had been suspended from school for marijuana residue in his backpack.
The Associated Press has not been able to verify the sources or creators of what are purported to be more recent photographs of Martin circulating online and elsewhere. The family's attorney has not released the photos.
"Everyone's views seem to be gyrating back and forth with each new scrap of evidence that comes out," said David O. Markus, a prominent Miami defense attorney. "This is why we have courts and juries, and why the process is slow. No one should rush to judgment."
Gordon Coonfield, a communications professor at Villanova University in Pennsylvania, said the early perceptions of Zimmerman as a vigilante may ultimately have no bearing on the case.
He cited the case of Rodney King, the black motorist beaten two decades ago by white Los Angeles police officers in an episode captured on video. The officers were acquitted in state court, though two were later found guilty on federal charges.
"I think the nation felt quite certain it saw the truth of what happened to Rodney King, and the DA tried the case as if the images spoke for themselves," Coonfield said. "Yet the state criminal court decided the images were not self-evidently true. The defense won by offering a more convincing explanation of the images, focusing on what could not be seen ? officers' motives, reasoning, and judgment."
___
Associated Press writer Curt Anderson contributed to this report from Miami.
___
Follow Matt Sedensky on Twitter at www.twitter.com/sedensky
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Whether you've already played through Mass Effect 3 or not, if you're a fan of the series then Razer's high-end ME3 peripherals might be just what you've been dreaming of. While Razer has a whole line of collectible Mass Effect 3 gear, this week in Tech Junkies we're going to be focusing on the Razer Onza TE Xbox 360/PC controller and the Chimaera 5.1 headset. Let's get to it. There's an Earth to save after all.
Read on to see what we thought of the Razer Onza TE Xbox 360/PC controller and the Chimaera 5.1 headset.
The Razer Onza TE Xbox 360/PC Controller
Price: $59.99
The ergonomic Onza TE is Razer's adjustable and? programmable Xbox 360/PC controller. The Mass Effect 3 edition of the controller prominently features the N7 logo? on the bottom left as well as Razer's own logo on the right side.
The major difference between the Onza and a regular 360 controller has to be the two additional fully-programmable shoulder buttons located right above each trigger. You can easily program any command you think is most important to those easy-to-hit buttons and give yourself a leg up while in combat.
The Onza also has adjustable resistance analog sticks, something that I found really useful. All you have to do is twist the analog stick and it increases (or decreases) in resistance, allowing you to customize your controls based on every situation. If you prefer slower controls for a more precise shot, amp up the resistance. If you like twitch shooting then you can turn the resistance down to a minimum. It's a feature I haven't seen on a lot of Xbox controllers and I feel as though it has a lot of applications, especially since you probably won't just be using the Onza solely for ME3.
Aside from these customizable features, the Onza also features a lot of cosmetic components. Its got a 15 foot, lightweight braided fiber cable that won't get tangled up in your mess of stuff, and let's face it, braided cables just look better than wired ones.
The Onza's action buttons look pretty slick too. Razer's used their Hyperesponse technology on them, meaning there's no lag between when you press the button and when you fire the shot. While that's good enough, the buttons on the Onza also feel a lot "clickier" than what you'll find on a normal Xbox controller. The D-Pad's also "clickier" than what you might be used to,? allowing for more even precision. Seriously, if you miss a shot with this thing you need to step up your game.
Theoretically, you're going to be able to fire faster and more comfortably with all these buttons and their tactile feedback. Plus, all of the action buttons flaunt Razer's famous font and each of them are back lit.
Who's The Onza TE For?
The Onza TE is for those gamers who want a precise, customizable controller. The controller itself is a little light, weighing in at about a .55 pounds compared to the .85 pounds of the standard Microsoft 360 controller. You may think that's not a lot, but the Onza definitely feels lighter, which some may think means "cheaper" but I'd have to disagree. The lightweight feel won't hurt your game at all, and with the ability to set the resistance on the analog sticks you're going to be playing at a whole new level, which is why Razer's dubbed the Onza as a "Tournament Edition" controller. All in all, if you're a Mass Effect 3 fan this controller will help your game.
The Razer Chimaera 5.1 Wireless Xbox 360 Headset
Price: $209.99
Simply put, Razer's Chimaera 5.1 Xbox 360 headset is a beast. If you want to hear as the Reapers close in around you while you're playing Mass Effect 3, this headset will do the job and more. It's emblazoned with the N7 logo on both ear cups, but other than that the headset doesn't really scream Mass Effect 3, which you may or may not like.
The Chimaera offers full 5.1 surround sound tuned for 3D positional audio so you'll be able to hear in game sounds as if they were happening right in front of you. Plus, the headset operates on a 5.8 GHz frequency so there won't ever be any wireless interference to hinder your performance.
The headset also comes with a large docking station, allowing you to recharge the Chimaera in style. What's neat is that up to four base stations can be connected together for a lag-free gaming session if you decide to LAN with a few friends.
As for the Chimaera itself, it weighs in at about .81 pounds and the huge ear cups ar 2.16" in diameter. I have pretty small ears, but the cups fit comfortably around them with a lot of room left over.? The top of the headset also has a lot of padding, so even if you're gaming for long periods of time it won't seem too straining.
Who's The Chimaera 5.1 For?
If you want the most immersive gaming experience possible, then you might want to consider shelling out for the Chimaera 5.1. I'd also suggest the headset for anyone who's going to be playing a lot of games with friends, because of its dedicated local team communication functionality.
That said, the headset is expensive. It does come with a lot of great features, surround sound, and the Mass Effect 3 detailing looks cool, but I'm not sure if it's over $200 cool. Since? the Chimaera only works with the Xbox 360 and I don't think I'd ever have a whole room of people together who all have these headsets, I'm not sure if it'd be worth the price. That's just me though.
If you're thinking, "man this gear looks rad, but I'm still on the fence..." then maybe what Razer's throwing in with each item will be enough to push you over the edge. With the purchase of any Mass Effect 3 gear from Razer you'll unlock the Deadly Collector Assault Rifle.
The Collector Assault Rifle is similar to a human assault rifle, but its looks will definitely set you apart. It's an extremely accurate automatic assault rifle with pretty good damage, but it's heavy, which might slow you down. The good news is that if you already have the rifle (let's say you bought more than one Razer ME3 product), you can use the code to make it even stronger.
So what do you think of Razer's Onza TE controller and Chimaera 5.1 headset, Tech Junkies? If you have one, I want to hear your take on it, and if you were considering getting one, are you still on the fence still? Let us know in the comments section and stay tuned next week for another round of Tech Junkies.
Have something to share? Sitting on a news tip? E-mail me. You can also follow me on Twitter!?
?
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Public release date: 30-Mar-2012
Share ] Contact: Kelly Carnes
carnesk@si.edu
Smithsonian
As any comic book lover knows, when superheroes band together the bad guys fall harder. The strength that comes in numbers is greater than the sum of its parts.
The same holds true, researchers have recently learned, when different species of crabs (genus Trapezia) and snapping shrimp (Alepheus lottini) in the central Pacific band together to defend their coral homes from hungry seastars. In these frequent conflicts "one-plus-one doesn't always equal two, sometime it is more," explains Seabird McKeon, a marine biologist at the National Museum of Natural History's Smithsonian Marine Station in Fort Pierce, Fla.
The crustaceans are much more effective when they fight together than when they fight alone, a process McKeon calls the Multiple Defender Effect.
"It is a clear example of synergy, and one that underscores the importance of biodiversity in the ocean."
Even in a comic book one would be hard pressed to find an enemy more bizarre than the "cushion" seastar (Culcita novaeguineae), an animal used by McKeon in recent laboratory experiments with living corals (genus Pocillopora) and their defenders. To consume a coral, the seastar pushes its stomach outside its body and lays it over the coral like a cushion. It then hugs the coral close and "eats," letting stomach acids and digestive juices do their work.
The stationary coral is defenseless, yet the tiny crustaceans that live among its branches come to its aid, snipping and prodding an intruding seastar with their claws.
"The coral itself is like a cauliflower head, a main central stem and lots of little branches," McKeon explains. "Crabs gain protection from fish by living inside the coral structure."
Once a mating pair of crabs takes up residence on a coral head they do not tolerate the presence of other crabs of their same species. Crabs of other species, however, are ignored, as are snapping shrimp. As a result, some coral heads may have as many as five different species of defensive crustaceans living on them, all pairs of different species.
In repeated experiments McKeon and colleagues measured the effectiveness of a single crab pair in preventing a seastar from eating their home coral. He found that one pair of crabs reduced the volume of coral eaten by about 19 percent, compared to a coral with no defenders. Two pairs of crustaceans working together, however, were able to reduce the volume of coral eaten by as much as 65 percentthe multiple defender effect.
The take-home lesson here, McKeon says, "is these crabs don't allow others of their same species on their coral, yet the synergy of different pairs fighting together is critical to the defense of the coral. The multiple defender effect is an important new angle on why we must conserve biodiversity in the ocean."
"Multiple defender effects: synergistic coral defense by mutualist crustaceans," by C. Seabird McKeon; Adrian C. Stier of the University of Florida; Shelby McIlroy of the University at Buffalo and Banjamin Bolker of McMaster University; appeared recently in the scientific journal Oecologia.
###
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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
Public release date: 30-Mar-2012 Share ] Contact: Kelly Carnes
carnesk@si.edu
Smithsonian
As any comic book lover knows, when superheroes band together the bad guys fall harder. The strength that comes in numbers is greater than the sum of its parts.
The same holds true, researchers have recently learned, when different species of crabs (genus Trapezia) and snapping shrimp (Alepheus lottini) in the central Pacific band together to defend their coral homes from hungry seastars. In these frequent conflicts "one-plus-one doesn't always equal two, sometime it is more," explains Seabird McKeon, a marine biologist at the National Museum of Natural History's Smithsonian Marine Station in Fort Pierce, Fla.
The crustaceans are much more effective when they fight together than when they fight alone, a process McKeon calls the Multiple Defender Effect.
"It is a clear example of synergy, and one that underscores the importance of biodiversity in the ocean."
Even in a comic book one would be hard pressed to find an enemy more bizarre than the "cushion" seastar (Culcita novaeguineae), an animal used by McKeon in recent laboratory experiments with living corals (genus Pocillopora) and their defenders. To consume a coral, the seastar pushes its stomach outside its body and lays it over the coral like a cushion. It then hugs the coral close and "eats," letting stomach acids and digestive juices do their work.
The stationary coral is defenseless, yet the tiny crustaceans that live among its branches come to its aid, snipping and prodding an intruding seastar with their claws.
"The coral itself is like a cauliflower head, a main central stem and lots of little branches," McKeon explains. "Crabs gain protection from fish by living inside the coral structure."
Once a mating pair of crabs takes up residence on a coral head they do not tolerate the presence of other crabs of their same species. Crabs of other species, however, are ignored, as are snapping shrimp. As a result, some coral heads may have as many as five different species of defensive crustaceans living on them, all pairs of different species.
In repeated experiments McKeon and colleagues measured the effectiveness of a single crab pair in preventing a seastar from eating their home coral. He found that one pair of crabs reduced the volume of coral eaten by about 19 percent, compared to a coral with no defenders. Two pairs of crustaceans working together, however, were able to reduce the volume of coral eaten by as much as 65 percentthe multiple defender effect.
The take-home lesson here, McKeon says, "is these crabs don't allow others of their same species on their coral, yet the synergy of different pairs fighting together is critical to the defense of the coral. The multiple defender effect is an important new angle on why we must conserve biodiversity in the ocean."
"Multiple defender effects: synergistic coral defense by mutualist crustaceans," by C. Seabird McKeon; Adrian C. Stier of the University of Florida; Shelby McIlroy of the University at Buffalo and Banjamin Bolker of McMaster University; appeared recently in the scientific journal Oecologia.
###
[ | E-mail | Share ] ?
AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
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TORONTO?? Struggling BlackBerry maker Research in Motion Ltd. said Thursday that it will cede most consumer markets after failing to compete with flashier touch-screen phones such as Apple's iPhone and models that run Google's Android software.
Instead, RIM said it will return to its roots and focus on business customers, many of whom prefer BlackBerrys for their security. RIM has had limited success trying to enter consumer markets in recent years, and RIM CEO Thorsten Heins said a turnaround required "substantial change."
"We plan to refocus on the enterprise business and capitalize on our leading position in this segment," Heins said. "We believe that BlackBerry cannot succeed if we tried to be everybody's darling and all things to all people. Therefore, we plan to build on our strength."
Also Thursday, RIM said former co-CEO Jim Balsillie has resigned from its board. David Yach, chief technology officer for software, and Jim Rowan, chief operating officer for global operations, also are leaving in a management shakeup.
The Canadian company long dominated the corporate smartphone market and has sought to expand its appeal to consumers, but it has had trouble with consumers because the phones aren't perceived to be as sexy as its chief competitors.
BlackBerrys are known for their security and reliability as email devices, but they haven't kept pace with iPhones or Android phones when it comes to running third-party applications.
For that reason, BlackBerrys are even losing ground in the business world, as employees demand iPhones or Android devices over BlackBerrys.
Apple sold 37 million iPhones in the last three months of 2011 ? more than what RIM shipped in the past three quarters combined. RIM shipped 11.1 million BlackBerrys in the latest quarter, which ended March 3.
RIM said it was exploring partnerships and other opportunities for its existing consumer business to focus on the corporate customers.
"We can't do everything ourselves, but we can do what we're good at," Heins said.
Asked about a possible sale of the company, Heins said "it is not the main direction we are pursuing right now."
Heins, who took over the company in January, made the remarks during a conference call after RIM announced quarterly results that fell short of Wall Street expectations.
Net loss was $125 million, or 24 cents a share, in the quarter that ended March 3. This compares with $934 million, or $1.78 per share, a year ago.
After excluding one-time items such as writedowns for the declining value of its brand and its PlayBook tablet inventory, adjusted income was 80 cents per share, a penny short of expectations from analysts polled by FactSet.
Revenue fell 25 percent to $4.2 billion from $5.6 billion. Analysts were expecting $4.54 billion.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Source: http://news.yahoo.com/bush-senior-endorses-good-man-romney-232224850.html
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Louisville head coach Rick Pitino talks to reporters after a news conference in New Orleans, Thursday, March 29, 2012. Louisville will play Kentucky in an NCAA tournament Final Four semifinal college basketball game on Saturday. (AP Photo/Gerald Herbert)
Louisville head coach Rick Pitino talks to reporters after a news conference in New Orleans, Thursday, March 29, 2012. Louisville will play Kentucky in an NCAA tournament Final Four semifinal college basketball game on Saturday. (AP Photo/Gerald Herbert)
Louisville head coach Rick Pitino talks to reporters during a news conference in New Orleans, Thursday, March 29, 2012. Louisville will play Kentucky in an NCAA tournament Final Four semifinal college basketball game on Saturday. (AP Photo/Gerald Herbert)
NEW ORLEANS (AP) ? Before the Big East tournament, Louisville coach Rick Pitino told his players they had a choice.
Keep playing the same way and Louisville was all but guaranteed of making another first-weekend exit from the NCAA tournament, just as it had the past two years.
Turn things around, and the Cardinals had a chance to do something special.
"He pretty much told us the ball is in our court," senior Chris Smith said. "Everybody is healthy so we have no excuses. We can make our own dreams come true."
The fourth-seeded Cardinals, who face top-seeded and in-state rival Kentucky on Saturday night for a spot in the NCAA title game, aren't the only ones enjoying a second act.
Almost three years after an extortion case exposed the messy details of his private life and left his buttoned-down reputation in tatters, Pitino is on top of the coaching world again. Louisville is back in the Final Four for the first time since 2005 after what is undoubtedly one of the finest coaching jobs of Pitino's career.
The Cardinals (30-9) were riddled with injuries during the season, skidding into the Big East tournament just two games over .500 in conference play, including four losses in their last six games. But Louisville ripped off four wins in as many days and has shown no sign of cooling off.
"We definitely feel like we're the team that's not supposed to be here," point guard Peyton Siva said.
Think of the big names in college coaching, and Pitino was always near the top of the list. He was the first men's coach to take three different schools to the Final Four, starting with that scrappy, undersized, 3-point shooting Providence team 25 years ago. He won an NCAA title with Kentucky in 1996.
And with his finely tailored suits and natty shoes, he gave the schlumpy look of college coaches a much-needed makeover.
All of which made his admission in 2009 that he'd had a sexual encounter with a woman who later tried to extort millions from him that much more shocking. The scandal transfixed the entire state of Kentucky for the better part of two years, and the tawdry details ? Karen Cunagin Sypher claimed Pitino gave her money for an abortion, the coach said it was for health insurance, she later married Louisville's equipment manager Tim Sypher ? fueled talk that Pitino might step down.
There were rumors Pitino was on his way to Arizona. Or maybe back to the NBA with Sacramento. Then there were those who whispered that he was "stuck" at Louisville, too damaged to go anywhere.
"A lot of times the last two years I took a lot of grief from a lot of people saying a lot of things," Pitino said last week after making his sixth Final Four. "And I never thought in my life I could turn the other cheek and just walk on. And I did. And some of the most ugly things I've heard, I just took it inside. And today, as I look back on it, I'm real proud that you could turn the other cheek."
Though Pitino takes responsibility for the mess he found himself in ? "I brought that about myself" ? he refuses to assign any added importance to it. It didn't change his life, it didn't turn his personality inside out.
Make no mistake, however, Pitino has changed.
Or maybe, a few months shy of his 60th birthday and with grandkids he adores, he's simply mellowed.
Oh, the temper is still there. Maybe not to the level of "Larry Bird is not walking through that door," but he still has his moments. His players have learned to listen to his words, not the volume of his voice. When Pitino felt the referees were giving Florida coach Billy Donovan too many favorable calls in Louisville's game against Florida last weekend, Pitino screamed, "Why don't you just give him a whistle?"
Mind you, that was "Billy the Kid" on the opposite bench, probably the favorite player Pitino has ever had and one so close to him that Donovan is like another one of his kids.
But there's no longer an edge to the harshness. His barbs are more like the one-liners you'd hear from a grandfather, and his players know that beneath the bluster are the coach's best intentions. Pitino has talked repeatedly the last few years of the "precious present," trying to get teenagers and 20-somethings who think they're invincible to realize that tomorrow is promised to no one.
"My freshman year, I said maybe four words to him," said Kyle Kuric, a senior and Louisville's leading scorer. "Now the freshmen, they have conversations with him; they're showing him pictures. He really connects with the team in a better way, and we have a stronger bond because of it."
Unlike the Wildcats, the Cardinals don't have a roster filled with surefire NBA stars or All-Americans. Heck, no one on their roster fits that bill. But by blending Xs and Os with an indefatigably positive attitude, and adapting to what seems like a new system in every game, Pitino has coaxed his team into the Final Four.
In short, he's reminded everyone that beneath the fancy suits and the designer shoes, he's one of the best coaches in the game.
"This is our chance to win a championship," Pitino said. "We've got just as much to lose as (the Wildcats) do. Because it's not easy to get here."
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The European antitrust investigation of Google, originally filed November 2010, looks like it might be entering the next stage of its development. The European Consumer Organisation (BEUC), a consumer-rights group that represents 42 regional groups in 31 countries, says that it expects the Competition Commission to release its findings "within days" and possibly by the end of this week.Source: http://feedproxy.google.com/~r/Techcrunch/~3/3PZfEvAEnk0/
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Public release date: 28-Mar-2012 Share ] Contact: Nathan Hurst
hurstn@missouri.edu
573-882-6217
University of Missouri-Columbia
COLUMBIA, Mo. -- Based on a recent study, University of Missouri and Oregon researchers believe a legal definition for what constitutes "cruelty-free" labeled products should be determined and manufacturers should be required to abide by the legal use of the label. Many consumers intentionally buy products manufactured in ways that do not exploit child labor or cause minimal harm to animals or the environment. Many businesses, such as shampoo, cosmetic, fragrance and pharmaceutical companies, use the term cruelty-free to attract buyers, giving consumers the impression that no animal testing was used while manufacturing and testing the products. However, that is not always the case.
"Because there is no legal standard for what is and isn't cruelty-free, consumers are vulnerable to deceptive advertising," said Joonghwa Lee, a doctoral candidate at the University of Missouri School of Journalism. "A company may claim their product is cruelty-free, but there still may be some animal testing done somewhere along the manufacturing process. This could lead to consumers being tricked into buying products that they do not support."
During the study, Lee and lead author Kim Sheehan, a professor in the University of Oregon School of Journalism and Communication, conducted an online survey asking participants about their knowledge of cruelty-free labeled products. The participants were then given information from a New York Times article describing the ambiguous nature of cruelty-free labeled products.
"Participants in our study who recognized the term cruelty-free indicated that they would be more likely to buy products that were cruelty-free and they had much more positive attitudes toward brands that advertised themselves as cruelty-free," Lee said. "However, once the participants learned the wide range of definitions that exist for cruelty-free products, they found using the cruelty-free designation to be less socially responsible and less safe than they did before learning that information."
Sheehan and Lee say their findings are concerning in regard to consumer protection. They say that because they have shown that consumers are willing to spend money on products that are cruelty-free, even if they don't understand that those products aren't always completely free of animal testing, the door is opened for product unethical business and advertising practices. Sheehan and Lee believe there should be a legal definition for what constitutes a cruelty-free product to help protect consumers.
"Our study shows that consumers rely on their own personal moral values to make decisions," Sheehan said. "If the product information consumers receive is misleading, then they are not able to make important decisions in ways that they would consider morally correct. Creating a legal standard to define terms like cruelty-free will aid consumers in making the best decisions for themselves and their families."
###
This study was presented at the American Academy of Advertising 2012 Annual Conference.
[ | E-mail | Share ] ?
AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
Public release date: 28-Mar-2012 Share ] Contact: Nathan Hurst
hurstn@missouri.edu
573-882-6217
University of Missouri-Columbia
COLUMBIA, Mo. -- Based on a recent study, University of Missouri and Oregon researchers believe a legal definition for what constitutes "cruelty-free" labeled products should be determined and manufacturers should be required to abide by the legal use of the label. Many consumers intentionally buy products manufactured in ways that do not exploit child labor or cause minimal harm to animals or the environment. Many businesses, such as shampoo, cosmetic, fragrance and pharmaceutical companies, use the term cruelty-free to attract buyers, giving consumers the impression that no animal testing was used while manufacturing and testing the products. However, that is not always the case.
"Because there is no legal standard for what is and isn't cruelty-free, consumers are vulnerable to deceptive advertising," said Joonghwa Lee, a doctoral candidate at the University of Missouri School of Journalism. "A company may claim their product is cruelty-free, but there still may be some animal testing done somewhere along the manufacturing process. This could lead to consumers being tricked into buying products that they do not support."
During the study, Lee and lead author Kim Sheehan, a professor in the University of Oregon School of Journalism and Communication, conducted an online survey asking participants about their knowledge of cruelty-free labeled products. The participants were then given information from a New York Times article describing the ambiguous nature of cruelty-free labeled products.
"Participants in our study who recognized the term cruelty-free indicated that they would be more likely to buy products that were cruelty-free and they had much more positive attitudes toward brands that advertised themselves as cruelty-free," Lee said. "However, once the participants learned the wide range of definitions that exist for cruelty-free products, they found using the cruelty-free designation to be less socially responsible and less safe than they did before learning that information."
Sheehan and Lee say their findings are concerning in regard to consumer protection. They say that because they have shown that consumers are willing to spend money on products that are cruelty-free, even if they don't understand that those products aren't always completely free of animal testing, the door is opened for product unethical business and advertising practices. Sheehan and Lee believe there should be a legal definition for what constitutes a cruelty-free product to help protect consumers.
"Our study shows that consumers rely on their own personal moral values to make decisions," Sheehan said. "If the product information consumers receive is misleading, then they are not able to make important decisions in ways that they would consider morally correct. Creating a legal standard to define terms like cruelty-free will aid consumers in making the best decisions for themselves and their families."
###
This study was presented at the American Academy of Advertising 2012 Annual Conference.
[ | E-mail | Share ] ?
AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
Source: http://www.eurekalert.org/pub_releases/2012-03/uom-cm032812.php
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Guest Post by Robert R. Sachs of Fenwick & West LLP
?Not even wrong.? So said Wolfgang Pauli about a proposed analysis by a young physicist, meaning that the arguments were not subject to falsification, the basic tool of scientific analysis. So too it can be said about the Supreme Court?s decision in Mayo v. Prometheus. The Court?s analysis creates a framework for patent eligibility in which almost any method claim can be invalidated. Like so many pseudo-sciences in which every phenomenon can be rationalized and in which there is no test that can show the theory to be incorrect, under Prometheus seemingly anything can be ?explained? as being unpatentable subject matter.
Let me say at the outset that I?ve been a student of patent law, and patent eligibility in particular, since 1993. My clients have frequently been those whose inventions bumped up against the boundaries of patentable subject matter?in software, e-commerce, finance, business operations, user interfaces, and bio-informatics to name a few?so I have become intimately acquainted with both the legal and practical implications of this question. As such my personal reaction to this decision is very strong, and I will be quite blunt in what follows.
Over the next several days I will address just some of the logical and legal errors in the Court?s decision.
What?s a Law of Nature?
The first critical mistake is the Court?s assumption that Prometheus? claims recited a ?law of nature:? ?The claims purport to apply natural laws describing the relationships between the concentration in the blood of certain thiopurine metabolites and the likelihood that the drug dosage will be ineffective or induce harmful side-effects.? The facile assumption that this relationship is a ?law of nature? is incorrect, and potentially the most damaging misstep by the Court.
First, let us assume for the moment that there are in fact such things as ?laws of nature.? What would their characteristics be? A first approximation would suggest that a law of nature is immutable and universal, that it is not subject to change, and it applies in all circumstances. See, Evidence Based Science. Thus, gravity and the speed light apply to you and me equally, and under all conditions. (I?m purposely using these two examples, for reasons that will become clear.) ?However, this is not the case with the toxicity of any drug, including thiopurines, as acknowledged by the Court: the amount of a toxic dose varies between individuals for two reasons. First, different people metabolize at different rates, thereby producing different metabolite levels for a given dose. Second, individuals have differential responses to a given amount of the metabolites; a given level of the metabolites may be toxic in one person and not toxic in another. Thus, while the patent sets forth metabolite levels for toxicity and effectiveness, these levels are necessarily probabilistic, as some patients could experience toxicity at levels below or above those specified in the patent claims. This is inherent in the way toxicity is determined using a median lethal dose, LD50. This is exactly the same reason that one person can be drop dead drunk after five drinks and another can be stone cold sober at the same level. Indeed, Mayo?s test used a higher threshold for toxicity?evidence that there is no ?law of nature? as to what is a toxic dose of thiopurine in all humans.
The ?natural relation? that Prometheus claims is, itself, not immutable in an even deeper sense. This relationship is a byproduct of human (or perhaps more generally mammalian) biology, which from a logical point of view is a contingent relationship that could have been otherwise: we could have evolved in such a way that the toxicity range was higher or lower, or the drug was entirely ineffective. That is, it?s an arbitrary and contingent fact that humans evolved so that thiopurine drugs were effective at all for treating immune-mediated gastrointestinal disorders, or that we metabolize them in a manner that makes them toxic at specific dosing ranges. Indeed, given that humans are not exposed to thiopurine in nature, it is hard to understand how it can even be argued that it is a ?natural law? that these drugs have a specific range of toxic or effective dosages at all. That these drugs are effective (or toxic) is a classic discovery in the truest sense of the term.
At best, the relationship between the dosage and toxicity level may be a ?natural phenomenon.? Let us assume that is the case. Natural phenomena are a different class of things than laws of nature. Lightning, mirages, tornadoes, superconductivity, rainbows, these are natural phenomena: events that take place in nature (or in the lab) under specific and contingent conditions. While these events are of course dependent on the laws of nature, they are different from them in kind. The prohibition of patent claims in this regard is for claims on the phenomenon itself, not on the specific application of a phenomenon. Indeed, most patents in the chemical, biological, and electrical arts are based precisely on this distinction, being able to induce, apply, or control a natural phenomenon for a particular purpose. For example, there are thousands of patents that expressly claim a particular use of the Hall effect, natural phenomena discovered in 1879. The Court?s failure to appreciate this distinction puts many patents that harness natural phenomena at risk.
In short, the relationship of thiopurine dosage to toxicity is a contingent, empirical fact and subject to discovery. Like other empirical facts, it is precisely the type of subject matter that has been patented in this country since the very first patent issued by the USPTO: Samuel Hopkins? patent on an improved method for making potash, based on the discovery that burning the raw ashes a second time increased their carbonate production. Hopkins? discovery is no different in kind from Prometheus? discovery: in both cases empirical ?scientific? facts about the world.
But let us return to the core assumption: that there are laws of nature in the first instance. The Court makes the obvious reference to Einstein?s E=mc2 equation as an example. But the great scientist would have readily dismissed this appellation, knowing full well that what he set forth was a theory, a model, a description that was subject to falsification. Indeed, Einstein?s work has been criticized as being incomplete, or valid only in limited circumstances.
The view that there are laws of nature reflects an 18th century view of the world, based no doubt upon the classical, Newtonian view of a reality of absolute space and time governed by the three ?laws of motion??laws that were thought to be immutable and universal?and which Einstein among others showed not to be ?laws? at all.
Most modern scientists do not view reality as defined by ?laws??indeed, the very idea that we could ?know? what the ?laws? are itself begs the very questions that philosophers since Plato have struggled with, the questions of epistemology (what is knowledge, what can we know) and ontology (what exists).
In several places, the Court lumps laws of nature together with ?abstract ideas,? for example by leaning on the analysis in Bilski and Benson. But again, this is a category error: abstract ideas are very different from laws of nature, and must be treated separately. ?Ideas,? classically speaking, are the ?impressions in your head? when you think about something?the thing you think about is a ?concept.? When you think about concepts that have instances in the world?cats, dogs, and thiopurine?you are thinking of ?concrete? concepts, and your ideas are ?concrete.? ?Even when you think of a unicorn or a flying purple people eater, you are thinking of a concrete concept because it could have an instance in the world. However, when you think about concepts that do not (or could not) have instances in the world?justice, eternity, infinitesimal, invisible green four sided triangles?or metaphors?All the world's a stage, and all the men and women merely players?the ?idea? in your head is ?abstract.? (Of course, I know that this is (1) a gloss, and (2) subject to debate as much as anything else in philosophy. Arguably, there are no ?abstract? concepts at all. I?ll leave that debate for another day).
To wit: the abstract idea of say, immortality, is clearly not a ?law of nature,? describing something that by definition cannot have examples in the world, since nothing can be immortal (there could be unicorns however, thus the concept of ?unicorn? is concrete). Conversely, Ohm?s Law?that the current through a conductor between two points is directly proportional to the potential difference across the two points?describes something inherently and entirely physical and real. Ohm?s Law is a description of the world (and it turns out, not always correct). That the Court attempts to put these two square pegs in the same round hole reveals just how little the Court understands the nuances of science, philosophy and language?let alone the patent law itself.
Tomorrow:? What?s a Claim? and Patent-Eligibility vs. Patentability
?
?
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Florida is home to some of the country's most important swamp and mangrove habitats?including the famed Everglades?and many of these areas are protected in state and national preserves. These protected areas, however, remain discontinuous, allowing human barriers to interfere with natural migration patterns.
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March 21, 2012 5:17 PM
Posted by Tom Huddleston Jr.
Indian information technology company Tech Mahindra said Wednesday that it is absorbing scandal-plagued rival Mahindra Satya in a $1 billion, all-stock transaction.
As The Am Law Daily has previously reported, Tech Mahindra, a joint venture between British Telecom and Mahindra & Mahindra, purchased a majority stake in Mahindra Satya )then called Satyam Computer Services) for $600 million in an Indian government-sponsored auction in 2009.
Satyam collapsed earlier that year when former founder and chairman B. Ramalinga Raju resigned after admitting to falsifying company accounts. He as later charged with forgery and fraud.
Jones Day and Latham & Watkins advised Tech Mahindra and Satyam, respectively, in the 2009 auction process, according to our prior reporting. Satyam also hired Indian firm Amarchand & Mangaldas & Suresh A Shroff to advise on issues arising from the accounting fraud, as well as Wachtell, Lipton, Rosen & Katz for help with shareholder class action suits filed in the U.S.
Both Tech Mahindra and Mahindra Satyam provide businesses with information technology outsourcing services in a variety of industries, with Tech Mahindra primarily serving the telecommunications sector. Under the terms of this transaction, Tech Mahindra will pay one of its own shares for every 8.5 shares of Mahindra Satyam. As a result of the deal, Mahindra & Mahindra will own 26.3 percent of the combined company, while British Telecom will own 12.8 percent and public shareholders will hold most of the remainder.
The companies' announcement of the deal lists Indian firm AZB & Partners as the lone legal adviser on the matter.
Tech Mahindra's acquisition of Mahindra Satyam was one of several technology sector deal creating work work for Am Law firms this week. In another of transaction, temporary staffing outfit On Assignment announced Tuesday it has reached an agreement to purchase information technology staffing firm Apex Systems for $600 million.
Calabasas, California?based On Assignment, which serves technology and health-care companies in the market to hire temporary workers, will pay $383 million in cash and $217 million in stock for Apex. In announcing the acquisition, On Assignment said Apex is the sixth-largest IT staffing firm in the U.S.. On Assignment also said it expects the transaction to increase the company's annual earnings starting this year. The deal, which is subject to shareholder and regulatory approvals, is expected to close in May.
On Assignment is relying on Latham as its legal adviser on the purchase. The firm's team is led by corporate partner Steven Stokdyk and corporate counsel David Zaheer in Los Angeles. Benefits partners David Taub and Laurence Seymour are also advising, as are finance partner Glen Collyer and employment law partner Joseph Farrell. Partner Pardis Zomorodi is advising on tax issues and Joshua Holian is working on antitrust matters.
Troutman Sanders is representing Richmond, Virginia?based Apex in the deal. The firm's attorneys on the deal include M&A partner Thomas Grant, private equity partner John Owen Gwathmey, corporate partner R. Mason Bayler Jr., employee benefits partner Evelyn Traub, and employee benefits of counsel Laura Windsor?all in Troutman's Richmond office. Tax partner Robert Friedman is advising in New York and employee benefits partner Tina DeNapoli is working on the deal in Atlanta.
U.K. publication Legal Week reported on another potential technology deal on Wednesday, as Windsor, Connecticut-based financial services software company SS&C Technologies entered the bidding for hedge fund administrator GlobeOp.
Last week, SS&C made an all-cash, $906.5 million offer for London-based GlobeOp. The bid topped an earlier, $805 million offer from buyout firm TPG Capital that was announced in February. SS&C has offered to pay $7.69 per share for GlobeOp?an increase of more than 11 percent over TPG's $6.89-per share proposal. GlobeOp's independent directors have withdrawn their backing for the TPG offer, and are now supporting SS&C's bid, according to SS&C's announcement.
Clifford Chance is advising SS&C on U.K. aspects of its bid, with a corporate team led by partners Steven Fox and Lee Coney. Finance partner Roderick McGillivray, regulatory partner Simon Crown, and employee incentives partner Sonia Gilbert are also advising. Meanwhile, a team from Wilmer Cutler Pickering Hale and Dorr is advising SS&C on U.S. aspects of the deal. The firm's team includes corporate partner John Burgess and finance partners John Sigel and Justin Ochs.
An Ashurst team led by corporate partners Jonathan Earle and Stephen Lloyd is representing GlobeOp in the bidding process, according to Legal Week. As we have previously reported, TPG tapped Cleary Gottlieb Steen &?Hamilton and Linklaters for counsel on its proposal.
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Guest post by Bechler K. Shenita Palos
Source: http://www.alliancegas.co.uk/buy-structured-settlements-and-acquire-the-financial-security/
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