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I was really hoping to get Auntie Mame
because she's my gosh-darn hero, but really, does anyone else even know who she is? I doubt it.
Your Score: Katharine Hepburn
You scored 23% grit, 38% wit, 42% flair, and 7% class!
You are the fabulously quirky and independent woman of character. You go your own way, follow your own drummer, take your own lead. You stand head and shoulders next to your partner, but you are perfectly willing and able to stand alone. Others might be more classically beautiful or conventionally woman-like, but you possess a more fundamental common sense and off-kilter charm, making interesting men fall at your feet. You can pick them up or leave them there as you see fit. You share the screen with the likes of Spencer Tracy and Cary Grant, thinking men who like strong women.
Find out what kind of classic leading man you'd make by taking the
Classic Leading Man Test.


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Age 53, passed away on Monday, October 7, 2013 at her home. She was born April 1, 1960 in Wyandotte, MI, the daughter of Robert and Loretta (Miller) Sharky. On November 17, 1989, in Farmington Hills, MI, she married Mitchell (Mitch) Noble and... View Obituary & Service Information
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What does PDE mean in Laboratory?
This page is about the meanings of the acronym/abbreviation/shorthand PDE in the Medical field in general and in the Laboratory terminology in particular.
Permitted Daily Exposure
Relating to permitted daily exposure of residual solvents.
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"PDE." Abbreviations.com. STANDS4 LLC, 2014. Web. 21 Dec. 2014. <http://www.abbreviations.com/term/546501>.
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Skin microbiota plays an intricate role in the human immune system, directing many immune functions and defending against invading bacterial pathogens. In a review article in the Nov. 21, 2014, issue of Science, Julie Segre, Ph.D., Head of the Microbial Genomics Section at NHGRI, and Yasmine Belkaid, Ph.D., head of the Mucosal Immunology Section at NIAID, review the advantages and downsides, of this intimate partnership. Read more.
The National Institutes of Health (NIH) announced today that Baylor College of Medicine in Houston and the Medical College of Wisconsin in Milwaukee will be providing DNA sequencing for the Undiagnosed Diseases Network (UDN). �Each site will receive more than $2.5 million over four-years, pending availability of funds. Read more
See all News Features from the Division of Intramural Research
Multiple Investigator Recruitments in Genomics
October 6, 2014
A team led by Julie Segre, Ph.D., chief of NHGRI's Translational and Functional Genomics Branch and Heidi Kong, M.D.,� investigator in the dermatology branch of the National Cancer Institute's Center for Cancer Research, produced an article published in the Oct. 2, 2014 issue of Nature reporting on their study of the genetic content of bacteria, viruses, fungi and other microorganisms on the skin of healthy individuals.� The authors performed DNA sequencing of the collection of genomes, or metagenome, of 18 sampling sites across the skin, revealing that each individual has a unique skin microbiota. Their analysis also demonstrated variation in the metagenome across the microenvironments of different body sites. According to the authors, the study is foundational for human disease studies investigating microbial interactions, metabolic changes and strain tracking, and defines the dual influence of biogeography and individuality on microbial composition and function. Read more
Members of the Statistical Genetics Section of the National Human Genome Research Institute's Division of Intramural Research are co-authors of a study in the Aug. 31, 2014, advance online edition of Nature Genetics. In "Genome-wide analysis of multi-ancestry cohorts identifies new loci influencing intraocular pressure and susceptibility to glaucoma," researchers combined genetic data from 18 populations, including people of Asian and European descent, and identify ABCA1 as a risk gene for both high inner eye pressure and glaucoma. Read the study: Genome-wide analysis of multi-ancestry cohorts identifies new loci influencing intraocular pressure and susceptibility to glaucoma
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New ideas, imports challenge the burqa
Sunday, April 21, 2013
KABUL, Afghanistan -- The homespun Afghan burqa is under siege from east and west these days -- cut-price competition from China, and Western influences that are leading many urban women to exchange the full-body cloak for a simple headscarf.
In the countryside, where kidnapping and rape are a constant threat, a burqa gives its wearer the safety of anonymity.
The traditional burqa is sewn from cloth produced in Afghanistan, the embroidery stitched by seamstresses and the cap made by hand to render each garment unique -- a touch of individuality for women otherwise indistinguishable beneath the robes.
"The Chinese have taken the market and there's much less business for handmade burqas. That means less work for many poor women," said Adila Sultani, a tailor in Mazar-i-Sharif.


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ChordsChords v2Chords v3Chords v4Ukulele
"I Can't Love You Back" Capo 4 e|-----------------------------------------------------| B|-----------------------------------------------------| G|-----------------------------------------------------| D|-8--9--8-9---8--9--8-9-------8--9--8-9 --------------| A|-----------------------9/7-6-----------6/7-9---------| E|-----------------------------------------------------| G I can love you in the morning C I can love you all day G I can love you even more when I get home I can love you every second C to the ends of the earth G Where needing you's the only thing that's on Em my broken one track mind [Chorus] G C Girl, I love you crazy G D It comes so easy, after all we had I could love you with all my heart G C But the hardest part is G I just can't love you back G I could write a thousand letters C Call a hundred times a day G Or try to drown my sorrow at the bar I could go down to the church C Get on my knees and pray G But it still won't change the way things really are Em Won't bring you back again [Chorus] G C I can love you for all I'm worth G C To the ends of the earth G D G But I just can't love you back Great song. first tab btw
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Past Champions of The San Francisco City Chamipionship
The San Francisco City Golf Championship has seen many great golfers come through its tournament including names like Ken Venturi, George Archer, and Julie Inkster. With the level of play that this tournament is seeing, it would not be a surprise to see more noteworthy names in the future.
San Francisco Golf | San Francisco City Championship | Harding Park Golf Course | Lincoln Park Golf Course | News | Champions


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The Indiana Pacers had a great off-season, and filled many of the issues that they had last year with new players. Their biggest move of the off-season was a player who was already on the roster, and has been the face of their franchise in the past. Danny Granger has been rehabbing his troublesome knee this entire off-season, and is very close to a full recovery. Adding a former All-Star and a legitimate scorer to last years team is going to be the biggest addition of the off-season for the Pacers.
Granger has averaged 18.1 points and 5.2 rebounds per game over the course of his NBA career. The Pacers haven't decided how they are going to use Granger yet. They could start him, or they could bring him off the bench as the scoring threat that they needed last season. Either way that they decide to use him, if he is able to remain healthy, he will be a huge upgrade to what they had last year.
There was an interview done with Granger just the other day, and he was obviously excited for the upcoming season. He was very happy with the off-season acquisitions that Pacers' GM Larry Bird made, and thinks that the Pacers are going to have a legitimate shot at winning their first NBA championship.
Some may ask the question of what Granger has left coming off of his knee injury that kept him out of the majority of last season. He was able to come back and play in five games, but averaged just 5.4 points and 1.8 rebounds. There are still question marks about just how healthy he is, and whether or not he'll be back to 100% to start the season, but Granger has made it clear that he is playing hard on his knee and that it feels pretty good. The Pacers won't rush Granger back, you can count on that. One comment that brings hope to the team, was him saying that he plans to participate in preseason action.
Assuming that Granger is able to make a full comeback, he'll bring great scoring and shooting to the table. He's a great veteran presence, and an emotional leader on the floor as well. His outside shooting will be a huge plus for the Pacers as well, who struggled finding consistent shooting from the perimeter last year. With two of the best big men in the NBA in Roy Hibbert and David West, adding a guy like Granger to help stretch the floor would certainly be a welcomed addition. Even off the bench the Pacers have a great post presence in Luis Scola that Granger would help get good looks if he were to come off the bench.
Overall, Danny Granger is going to be a huge part of what the Pacers are going to do this season. There are certainly question marks with him, but the fact of the matter is that he is one heck of a player when healthy. It will definitely be interesting to see if they decide to start him or bring him off the bench, but either way you can expect a good year from Granger.
Evan Massey is the Lead Editor for Hoops-Nation. Follow Evan and Hoops-Nation on Twitter.


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HOUSTON -- UniversalPegasus International has named Bobby Hitt as senior vice president of quality, announced UPI Chief Executive Officer (CEO) Philip Luna.
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Reducing the Brain, Ignoring the Soul - page 3
Reducing the Brain, Ignoring the Soul Grace E. Jackson, MD December 5, 2002 There are at least five problems with the chemical imbalance model of mental disease: 1) the model ignores the reality that there has never... Read More
- 0Oct 20, '04 by CliveUKStuPer - it is rather convenient, isn't it, that certain schools of counselling/therapy consider themselves too mysterious and unquantifiable to be researched adequately? Which allows them to get away with the self-proclaimed tales of their efficacy - a bit like religion, really: "we can't prove it one way or the other, you just have to believe". I imagine Rogerian counselling could lend itself to - at the very least - a qualitative review. And given that Dissociative Identity Disorder and False Memory Syndrome are both creatures of the consulting room, artefacts of the therapist/client relationship, then I would say that certain forms of therapy are actually more damaging than anti-deps.
In contrast to some of my earlier statements on this forum, I have become more and more convinced of biological theories of depression, which is why I believe (and research tends to back me up) that neurotransmitter modification and the kind of neuromodulation which effective therapies like CBT provide are the only truly proven effective measures.
- 0Oct 20, '04 by lsyorkeThere's a BIG contradiction here Clive!! If you choose to believe the "chemical imbalance" cause of depression you must look at the success parameters. They too are based on someone elses determination of success, just like therapy. There is no measurement of neurotransmitters that is available. No "serotonin level" to be drawn. Just subjective or objective result reporting. Calling it a chemical imbalance removes the stigma attached to depression, but doesn't make it absolute. Now add in to the mix what are the other ramifications of altering neurotransmitters. The human body is one big feedback system. If you change the serotonin level believing that that is the cause of depression you have to realize that that will effect how the adrenal glands work, the pituitary gland, production of liver enzymes,thyroid function etc...... It's not as simple as it is made out to be. Now add in the placebo effect of a "miracle" drug group that have been marketed for everything from depression to shyness. That's a powerful stimuli !
- 0Oct 20, '04 by StuPerI would also add that there is a chicken and egg issue, if the 'chemical imbalance' was precipitated by a non-pharmaceutical change (reactive to social situation etc), why is the only proven restoration by giving the brain an alien drug. The fact that imbalance is caused without chemical addition definately lends weight to the idea it can be restored without drugs, don't you think?
The use of antidepressants maybe easier, and more convenient, but I cannot recall a patient who recovereed from a clinical depression by pills alone.. not one. They have their place but are certainly not the answer, and as I said their efficacy is far (according to company stats) from glorious. The point Isyorke makes is also extremely important, not even the most ambitious neurologist, psychiatrist, etc would claim to have a complete understanding of the way the brain works, or what impact medications have on the individual, hence all the side-effects discovered after the approval of a drug. Lastly is'nt that use of antidepressants and other psychotropic medications a 'leap of faith', we may know some direct benefits, but not the multivarious other possible implications, Clozapine being a case in point.
As I said counselling maybe a mixed bag, and thats why when recommending couonselling to a patient I ensure they are aware of the pit-falls and the need to find someone who they relate to and how there maybe a need to swap counsellors a few times to meet their needs..... just like trying to find an antidepressant that works for an individual client.
regards StuPer
- 0Oct 20, '04 by lsyorke"As I said counselling maybe a mixed bag, and thats why when recommending couonselling to a patient I ensure they are aware of the pit-falls and the need to find someone who they relate to and how there maybe a need to swap counsellors a few times to meet their needs..... just like trying to find an antidepressant that works for an individual client"
Well put Stuper!! There are good counselors/therapists/psychologists and there are bad. I was lucky to find one for my son who has been wonderful. Recognizing the paxil withdrawal and at the same time working on what caused the paxil to be prescribed for in the first place. My son is in a MUCH better place now because of this mans interventions. I can't say the same about my son's experience with paxil.
- 0Oct 21, '04 by CliveUKStuPer - I've never advocated for meds alone as a treatment for depression. My feelings are that the chemical imbalances which are a feature of depression may - when the depression is still "mild to moderate" - be amenable to change through effective therapy (i.e CBT) that encourages learning (and thus neuromodulation) and without the need for medication.
However, there comes a point when the depression is so severe that no amount of talking to the person will do anything. What you need to do then is tweak the serotonin and then, once the person's brain is actually functioning again, attempt therapy. However, I tend to think that normal human interactions - passing the time of day, talking about ordinary things, showing concern and kindness - are as effective or even more effective than formal therapy.
lsyorke - as you know, I've read and been very moved by the struggles and hardships your son and you have been through. Yes, there are serious problems with the way drugs are marketed, with the behaviour of pharmaceutical companies and with the prescribing practices of some doctors. However, none of that detracts fromthe fact that millions of people (including my partner) owe their current well-being and perhaps even their lives to anti-depressant medication.
- 0Oct 21, '04 by Katmae RNI feel that treating a person with depression with medication helps to allow that person to be receptive to counseling. As a person who has suffered pretty severe depression in the past, I can tell you that no amount of talk would help at that time. The medication after weeks allowed me to get my butt outta the house for a therapy session. I know this very simplified but true in my case.


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Forget the ties and the socks! Give Dad a gift he'll actually use. From pocket screwdrivers to professional-grade shop equipment, give him something practical he'll use every day or that special upgrade he's been dreaming of. (And what dad doesn't love power tools?)
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Bones Review: Eye of the Tigerby Miranda Wicker at . Comments
There's just no other way to say it: The opening body discovery from tonight's episode of Bones was one of the grossest in recent memory. I can't get the image of the face plastered on a guy's shirt out of my head. And I can't decide if the fact that I can't see anything else is good or bad, either.
Perhaps the gross-out factor was meant to cover for the fact that this episode was just a filler until the show returns in November. That's right. As far as episodes of Bones go, "The Tiger in the Tale" wasn't the show's finest hour.
Perhaps the best thing to come out of the episode is that Daisy and Sweets broke up. That storyline was the best of the competing three.
The pair decided to move in together, but Sweets has underestimated the significance of such a maneuver. Where he sees someone to split the bills, she sees the beginning of the rest of their life together. After talking with Cam, Angela, and Booth, Sweets knows what must be done. Instead of carrying her across the threshold, he hands her the keys and tells her it's over.
The break up was strange, yes, in that aside from his brush with Agent Sparling last week there was nothing to indicate trouble in Camelot. But I can't say I'm sad to see Daisy go.
Her voice grates. Her enthusiasm prickles. Her bird-like features are, well, bird-like.
If you guys don't like Sweets, and judging by your comments on last week's review some of you don't, I really don't like Daisy. Let's see Sweets mope for a week and question his decision and then move on to someone else without ever having to hear from Ms. Wick again.
Or we could just get back to focusing on Booth and Bones.
I like this somewhat playful, dare-I-say-it happy Booth and Bones we've got right now. They are the epitome of the complementary couple and seeing their relationship play out in both the home and work settings is enjoyable. But it's wearing thin as the basis for the series.
The Bones-for-President bit was lame. It's as if there's nothing to do with Booth and Bones without drama to rattle so the writers throw together some farcical plot where Bones, out of thin air, begins to contemplate what kind of leader she'd be. Where was the set-up for that? Nonexistent. And where is this going? Nowhere.
Would someone like Temperance Brennan make a good President? Maybe. Maybe not. Does it really matter? No, it definitely doesn't. The entire thing was a waste of screen time.
Hodgins, Angela, and Cam were all relegated to the background tonight, existing solely to joke about excrement, cause damage to Jeffersonian equipment and help Sweets with his existential crisis. That was a waste, too. They're capable of so much more.
I'm not overly impressed with Bones Season 8. Aside from the first episode, we've gotten very little substance so far. I'm hopeful that when the show returns in November we'll get back to the case of Pellant, or another similar multi-episode arc that features drama and a problem that seems almost too complex to be solved.
What did you think of "The Tiger in the Tale?" Is season 8 standing up to previous seasons, or do you think it could be better?
Let me know what you thought in the comments. And if you need a fill while we wait for Bones to return, check out the Bones quotes page. Rate them and submit your own.
Miranda Wicker is a Staff Writer for TV Fanatic. Follow her on Twitter.Tags: Bones, Reviews
Horrible episode all around. Another Sweets centric episode? None of this episode made sense. Not the presidency talk, not the break up. None of it. Bad move Bones. ery bad. As far as characters go, I'd rather see Sweets leave than Daisy. here's hoping it's stronger in November.
Hate Daisy
Hope she is gone for Good.
Love Sweets......but there is too much involvement by Sweets
and not enough on the two main characters and their baby.
I thought it was a very good show it had some twist and turns I watch it again and saw what I had missed and it was a lot better I had missed a lot the first time but Bones and Booth have some great thing going alot about their family and alot about the crime the airplane with the camera was great watch it again and see what you missed!!
Rest of posting: woman as a counterfoil to his teenage angst and naivete. Did I mention "mature"?
First, I have been a fan of "Bones" since day one, primarily because I have read all of the books by Kathy Reich. I get that Temperances' character on TV is "based" on the Temperance in the books, but they sure have nothing in common besides their name. Probably my biggest problem with TV Bones is how socially ignorant TB is, supposedly because she is such a genius. In the real world, NO ONE that inept could hold a position that high, at least not for long. If she's so damned smart, she should be able to figure out that she is seriously lacking in her ability to process the real world and take steps to remedy or lessen the problem. Taking everything so literally on a constant basis wears thin after awhile. The writers are better than this and I wish they would get over their boredom and remember what made the show so interesting and so much fun.
PS: Please leave Daisy in the trash heap of scripts. Few characters have been so annoying. Sweets needs a gorgeous, mature, very intelligent woman--and did I say mature? While Sweets and his teenage angst are endearing, everyone has to grow up at some point.
While I enjoyed Bones as per usual, it is the scene between Sweets and Daisy which lodged in my mind. (Yeah, capping even the nauseating fact-to-shirt image, which by the way, really lost out in the ick competition to the bloody guts falling from above and slapping Hodges in the face last week, don't you think?) Sweets ditching Daisy was way too abrupt for my money. I am surprised that she didn't react more emotionally. One minute they are moving in together, the next he breaks up with her? Hmmm. I would be willing to bet that they get back together.
I am voting for Bones for president!! She'd be SOOO much better than either of the two idiots who are running!! I agree wholeheartedly that shooters of tigers should get the death penalty! Fly those drones! But really, the best part of this episode was to bring attention to the plight of the exotic animals whose lives are ruined because someonne thought it'd be fun to have them as pets. It was great the way they showed the problem without getting "preachy" about it.
See what happen when you put to character together
I have never seen an episode I didn't enjoy. I really liked the it last night but I was very sad for Daisy and I think she is fun. Sweets needs her!
Just had to add this note I just received from one of my own readers: "OK JUST WATCHED EP4!!! Whoo! Now that is what im talking abt!!!! I loved the Bones and Booth Moments and the action!!!! So far the coolest episode!! P.s I VOTE FOR BONES!!! Got to get one of those badges!!! LOL!!! I'm with her ... It's BONES all the way, BABY ... the show, and the characters! Mox
Writer: The epic romance of B&B. This is how it could have happened http://bit.ly/nxzpzJ
Fall in love all over again.


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Manage your people, money, customers, suppliers – even your entire retail business – in the cloud with the most comprehensive cloud computing portfolio on the market. Seamlessly integrate with your on-premise solutions, maximize agility, and eliminate the need for major investments in IT.
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Now that the Supreme Court has ruled (some will say a victory for the 1st Amendment), what can we do to silence this hateful church?
Views: 115
Bwahaha... Sign me up!
CHRISTIANS want them to go away not just because they are offensive, but because they expose the whole delusion.
Thanks, Reg. Great idea.
But I'm not sure how to do that....
oKay. that was simple. = )
Here are some ideas for SIGNS when counter-protesting with the Westboro Baptist Church, as collected on an earlier forum post.


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Tue 15 Jan 2013
La CenerentolaPosted by keris9 under TV , Rossini, Gioachino , Vestri, Annunziata , Lepore, Carlo , Rocha, Edgardo , La Cenerentola , Verdone, Carlo , Gelmetti, Gianluigi , Belkina, Lena , Kasyan, Anna
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Gioachino Rossini - La Cenerentola
RAI Television, 2012 | Carlo Verdone, Gianluigi Gelmetti, Lena Belkina, Edgardo Rocha, Anna Kasyan, Annunziata Vestri, Carlo Lepore, Simone Alberghini, Lorenzo Regazzo | BBC Television
La Cenerentola is the latest production from Andrea Andermann, who every year provides Italian television and the world with an ambitious live performance of a popular Italian opera, shot in the actual locations and at the times specified in the libretto, and broadcast live as it is filmed for television. With operas like Tosca and Rigoletto (the latter in particular spectacularly filmed in and around the Ducal Palace in Mantua two years ago), there is an element of the works that is enhanced to some extent by being able to view them in their exact historical locations - locations that also happen to look quite stunning. But Rossini's version of the Cinderella story, La Cenerentola? Well, you can see the problem. How can a fairytale possibly benefit from or even be enhanced by the kind of realism that goes into an Andrea Andermann production?
The notion of setting it in Turin has more to it than helping spread around the benefits that an Andermann production gives to the Italian tourist industry. Turin is traditionally the home of the Italian Royal family, and since Cinderella's marriage to a Prince is a central part of the work, there is some merit and justification in the choice. It doesn't take you long past the opening titles - the Overture at least pleasantly animated to give Cinderella a background that leads to her being an orphan now with a stepfather and stepsisters - to get the feeling however that the whole production is fundamentally misconceived. Setting Don Magnifico's baronial mansion of Act I under harsh overly bright studio lighting for television viewing makes it look neither fairytale-like nor realistic. There are no dark chimney corners, no opulent rooms - it just looks like a studio set with cheap stage costumes and operatic acting. There is some benefit in how it allows the camera to flow along with the action outside the house into the garden for the arrival of the Prince, but otherwise, the opera style seems out of place in its "actual location" surroundings.
More than that, taking La Cenerentola away from the stage actually diminishes the work and reduces the magic of the opera's wonderful centrepiece scenes - the transformation of Cinderella and the coach journeys. Here, in a live setting and in real locations, those scenes can only be done through the animation framing sequences that are inserted periodically to link scenes and acts. Again, one can't help feel that introducing realism to La Cenerentola somewhat defeats the purpose of the work, but it doesn't even have the benefit of theatrical "magic" either. Attempts to add some of that sparkle back in through the sprinkling of "magic dust" and kaleidoscopic effects added in post-production doesn't really make up for what is missing here, and it actually comes across as quite kitsch instead. To its credit, the ballroom scenes filmed in a palace are every bit as spectacular as you would imagine, and much better than anything that could be achieved on the stage.
If the live on-location idea is misconceived for Cinderella, Rossini's work is magical enough to work on its own terms - severely cut though it is here to fit television schedules - and fortunately that's the saving grace of this production. Latvian mezzo-soprano Lena Belkina proved to be very pleasing to the eyes and the ears with a classic dark beauty of Anna Netrebko and even a similarity in appearance with Maria Callas. She doesn't really have the depth, the power or the richness of voice of those singers, or even the fullness of tone and expression that Cecilia Bartoli, for example, has brought to this particular role - but she is well suited to this slightly lighter (lightweight?) production of a Rossini work that should be played with delicacy of tone and bright wit.
Unfortunately, quite aside from the live and on-location issues, the direction of Gianluigi Gelmetti doesn't really exploit the comic brilliance of the work. As well sung as the roles of Cinderella and Don Ramiro are, neither Belkina nor Edgardo Rocha are given enough to do, and their characters come over as rather bland. Even Thisbe and Clorinda, the ugly step-sisters, aren't fully developed here or used to the advantages that Anna Kasyan and Annunziata Vestri are vocally and dramatically capable of bringing to the roles. Only Carlo Lepore's Don Magnifico comes across with the requisite strength of character and voice that lifts the dynamic of the production above the merely functional.
There's no particular flair to the filming either this time around. With Rigoletto in 2010 we had direction and cinematography by filmmakers as renowned as Marco Bellochio and Vittorio Storaro, but La Cenerentola has no such distinction. There's an attempt to bring some visual character by involving a ball of yarn to the "tangled knot" revelation scene, but by and large the direction is rather leaden, and never manages to bring the work to life or match the dazzling wit and sparkling nature of Rossini's music. It's a made-for-TV La Cenerentola, nothing more, that sadly has little to do with Rossini or real opera.


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Dr. Laganke has two offices in Alabama.
Specializing in the field of Neurology, Dr. Laganke is prepared to diagnose and treat all types of neurological disorders resulting from abnormalities in the brain, spinal cord and other nerves throughout the body. Dr. Laganke is trained to perform a variety of tests and scans to arrive at the correct diagnosis, which is vital to creating an effective treatment plan.
Dr. Laganke works with one hundred and thirty-four doctors including Dr. Allyson Baker and Dr. Stephenie Dillard.
Deals with diseases and disorders of the nerves and nervous system, including the brain and spinal cord.


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Why Huddle's Collaboration Tool Appeals to Big Business and Government
This post is made possible by Microsoft BizSpark as a new part of the Spark of Genius series that focuses on a new and innovative startup each day. Once a week, the program focuses on startups within the BizSpark program and what they're doing to grow. Huddle makes web-based project management software. The three-year-old startup is now reporting 300% year over year growth in users and revenue -- no small feat considering the elephant in the room (in the cloud) that is Basecamp.


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A - Thanks for the question. I am guessing that this is a follow-up to my post about In-vitro, which I recommend others read before I answer this question.
You are referring to the GIFT technique, which stands for "gamete intrafallopian transfer". It is a rarely used technique that is neither approved or disapproved by the Church. Here is the USCCB definition of the technique:
Nearly ripe ova are obtained from the woman's follicles by ultrasonically guided aspiration techniques as for IVF. But one ovum, separated with an air bubble from a prepared seminal fluid sample, is immediately reinserted with a plastic tubing into the woman's fallopian tube so that conception will occur within the body. Pregnancy rates are similar to IVF.The reason it is rarely used, is because it involves a surgical procedure, is more expensive than IVF, and doctors don't like doing it.
I am not sure what you mean by "an actual form of conception", but conception takes place within the women's body.
The USCCB website I linked to above has more info.


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Garden House Villa Ocho Rios
Official Contact Details - Garden HousePhone: +44 (0) 7962 351176 Fax: +44 (0) 7872 346957
Garden House is a private natural beauty villa overlooking the crystal Caribbean Sea , located in the heart of Ocho Rios, we offer our guests the peace and tranquillity expected.
- Price from 6000 USD / Week
- 8 bedrooms & 7 bathrooms
(click on a photo to view it)
Last updated: 12/09/2009
This is your property ?
From each morning's glorious sunrise until the sea swallows the sun at night!!
The 4 acre tropical estate has two separate villas, Garden House is a large two storey property, the main house on the estate, with ten chic and stylish guestrooms some air conditioned, baths en suite, balconies, with large walk-in closets, offering views of the spectacular north coastal sea and fresh water pool.
Garden Cottage is a beautiful romantic large studio villa ideal for couples, located near the main house. Boasts spectacular tropical garden views from every window. Just perfect for relaxation.
The intimate and unique setting with that famous Ocho ambiance, privacy and security makes Garden House and Garden Cottage the perfect romantic choice for Singles, Groups, Couples and Families, who have been in search of that special laid back vacation.
Explore Jamaica's diverse culture, our friendly, warm, welcoming and dedicated staff are on hand to look after your every need, ensuring your stay with us will never be forgotten.
No place on earth feels like it. No place on earth shines like it!!
Top floor-
Bedroom 1 King bed with en suite
Bedroom 2 Two double bed -shared facility
Bedroom 3 Kingsize bed with shared facility
Bedrooms 4 Double bed with shared facility
Bedroom 5 Double/single bunk beds- shared facilities
Ground floor.
Bedroom 1 - Queensize with en suite
Bedroom 2 - Double with shared facilities
Bedroom 3 - Double with shared facilities
Garden House Cottage - Queensize with en suite/kitchen/ dining area
Villa- Living Room Large living room, includes TV with cable, DVD and CD player.
Dining Room Large dining table and chairs and outside dining area.
Utility Room Washing machine and dryer provided by housekeeper.
Other Large veranda with elegant chairs and tables, overlooking magnificent ocean views
4 acres of tropical gardens
Cleaning/ Towels/Linen/ Maid Service Towels, linen will be changed twice a week
Accessibility Mobility for wheelchair users
Coast/Beach The beach is of white soft sand and is situated 5-10 minutes stroll, 2 minutes by car
Outside Private pool available (for sole use of guests) large veranda with patio seating, gazebo, outside dining area and hammocks
Tennis Courts & Gym
Private security
Town Centre 2 minutes by car or 5-10 minutes stroll
Travel For more information ask about Garden House's operated airport transfers, car hire is available, seats 7 and taxi are easily obtainable.
Garden House is fully staffed - management, butler, cook, housekeeper, pool cleaner & gardener/maintenance
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Location & area
Located 5min walk from all the local attractions and services, local grocery shops, bars and restaurants, impressive local features, tourist/family attractions,child-friendly, cinemas, areas of natural beauty, parks, beaches and walking trails.
- Address:
- Ocho Rios, St Ann, Jamaica, W1, Ocho Rios, Jamaica
- Accommodation located in:
- business district, coastal, leisure area, near cultural interest, near diving spot, near fishing area, near golf course, near historical interest, near horse riding, near restaurants & bars, near shopping area, near ski area, near tennis courts, near the beach, near water sports, resort, town, waterfront!
Amenities & services
What ever your event Garden House can make it happen.....
Garden House offers a complete range of events and services from christenings, corporate events, weddings/honeymoons, private parties, corporate dinners and banquets, product launches, teambuilding -celebrations of all types. Whether it's for 5 or 5000 people.
We can produce and manage a complete event or just certain elements - whichever suits your needs. Either way, we take the hassle away from you, develop a dynamic event which achieves your objectives and, with our attention to detail we make sure your event is memorable for all the right reasons.
Weddings & Honeymoons
"Nothing is more romantic than a wedding or honeymoon in Jamaica"
We specialise in providing the best weddings in Jamaica and luxury honeymoon packages here at Garden House. A dedicated team of wedding experts, with over 20 years combined experience are there to ensure every aspect of your wedding or honeymoon is looked after for you.
Private Hire
We are available for Film and TVs to give a personal and professional service to all, from conception to completion regardless of the project size. To deliver a quality creative tailormade solution within your budget and ensure complete satisfaction. This we promise....
"To create a totally unforgettable event"
"Quality Service"
"Efficiency, quality, organization and attention to detail whatever the occasion"
Own swimming pool,tennis courts,fully staffed villa with a cook, housekeeper, butler, gardener and pool cleaner.
# of Units: 1... and each unit includes:
- Bedrooms: 8
- Bathrooms: 7
- Single beds: 2
- Double beds: 8
- Baby cots: 2
- Single sofa beds: 0
- Double sofa beds: 0
- Bath:
- Hair Drier:
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- Towels:
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- Bed Sheets:
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- Ironing Board:
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- Fax:
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- House Chef:
- Local Guides:
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- Fridge & Freezer:
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Living room
- Fireplace:
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Additional information
- Board Basis:
- Accommodation Only
- Welcome pack:
- Garden House Jamaica supply a complimentary transfer collection service only, to ensure all party members arrive at our tropical paradise on safely and on time for free welcoming cocktails.
- Breakfast:
- Lunch:
- Diner:
- Extra meal info:
- A chief is available to prepare all meals. Food and alcohol are purchased by the guests
Review - Garden House
Garden House - Contact the owner
Important Notice : Avoiding Fraud
It's rare, but some helpful hints to watch out for with regards to fraud:
- It is important to NEVER wire funds or use/employ other fund transfer mechanisms such as western union: Always use a credit card to protect yourself against fraud. If owners pressure you into providing a deposit or refuse to accept credit cards, there is a high probability that this is a scam.
- If at all suspicious of fraud, ask to see their website, or any other literature they can provide or send to you. Ask them for contact details for guests who have previously stayed on their property insisting on telephone numbers. Be suspicious of emails that originate from free email services (yahoo, hotmail, gmail, etc)
- Research the property thoroughly on the internet to see if there is any history or mention of scams associated with the property.


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Thoughts to Encourage
Even though a person might be a professing believer, an antichrist spirit working in them will have them saying, thinking and behaving in a manner that is anti-Christ (God)."
Geri McGhee
1JO 2:18 "Little children, it is the last time: and as ye have heard that antichrist shall come, even now are there many antichrists; whereby we know that it is the last time.
1JO 2:22 Who is a liar but he that denieth that Jesus is the Christ? He is antichrist, that denieth the Father and the Son.
1JO 4:3 And every spirit that confesseth not that Jesus Christ is come in the flesh is not of God: and this is that spirit of antichrist, whereof ye have heard that it should come; and even now already is it in the world.
2JO 1:7 For many deceivers are entered into the world, who confess not that Jesus Christ is come in the flesh. This is a deceiver and an antichrist.
Contact Geri McGhee


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main index
"Let's take a look back at the year 1928. A year when you might have seen Al Capone dancing the Charleston on top of a flagpole."A scene in a period film or TV show that hits the viewer with as many period signifiers as possible. The scene exists to quickly establish the "feel" of the time period and will almost always feature a period song (typically one that is still popular in the present) playing on the film's soundtrack. More-or-less it's Popular History condensed into a sequence usually less than two minutes long. A typical example appears in the second episode of Journeyman, where the lead character finds himself on an airplane in The Seventies. He sees, in the span of about thirty seconds, flirtatious stewardesses in orange uniforms, people smoking, a kid playing with a toy gun, the film Conquest of the Planet of the Apes being screened, and a newspaper that mentions the Ford administration, all while K.C. and the Sunshine Band's "Get Down Tonight" plays in the background. The trope-namer is Back to the Future. These are most commonly and generally best utilized by films and TV shows about Time Travel, especially when the characters frequently travel between different eras making quickly establishing the time period a necessity. Compare Spinning Newspaper, Eiffel Tower Effect. When a scene in a work set in the present day becomes this in hindsight, then you've got an Unintentional Period Piece. See also Progressive Era Montage.
— Kent Brockman, The Simpsons
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Property Search
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GRAND TERRACE SUBDIVISION - Casili, Consolacion, Cebu
Grand Terrace Subdivision, Casili, Consolacion, Cebu
GRAND TERRACE SUBDIVISION is located in a very peaceful place, overlooking to the mountains where you can breathe fresh air and away from the buzzing streets....
It can be accessed to Talamban, Mandaue and Consolacion (Fooda, Consolacion) It is around 7 minutes away from Sacred Heart School– Ateneo de Cebu and nearby Hospital is the North General Hospital. Supermarkets like Pacific Mall, Fooda, and SM Consolacion are accessible too.
- Swimming Pool for kids and adults
- Parks and Playground
- Convertible Court (Basketball/Badminton/Volleyball
- Fully Finish
- Pag - ibig
- Bridge Financing up to 5 years to pay
RESERVATION FEE: Php 15,000 only, non-refundable and non-transferable.
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The Authors Guild, Inc. et al v. Hathitrust et al
Filing 51
REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Judgment on the Pleadings.. Document filed by Hathitrust. (Petersen, Joseph)
KILPATRICK TOWNSEND & STOCKTON LLP Joseph Petersen (JP 9071) 31 West 52nd Street, 14th Floor New York, NY 10019 Telephone: (212) 775-8700 Facsimile: (212) 775-8800 Email: email@example.com Joseph M. Beck (admitted pro hac vice) W. Andrew Pequignot (admitted pro hac vice) Allison Scott Roach (admitted pro hac vice) 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309-4530 Telephone: (404) 815-6500 Facsimile: (404) 815-6555 Email: firstname.lastname@example.com Attorneys for Defendants UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK THE AUTHORS GUILD, INC., ET AL., Plaintiffs, Case No. 11 Civ. 6351 (HB) v. HATHITRUST, ET AL., Defendants. REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS TABLE OF CONTENTS I. Associational Plaintiffs Lack Standing................................................................................1 A. Associational Plaintiffs Have Not Satisfied the First Prong of the Hunt Test..................................................................................................................1 B. Associational Plaintiffs Have Not Satisfied the Third Prong of the Hunt Test..................................................................................................................2 1. 2. II. Individualized Proof Is Required To Establish That Associational Plaintiffs' Members Hold Valid Copyrights. ........................2 Individualized Proof Is Required To Evaluate Fair Use..............................4 Plaintiffs' OWP Claims Must Be Dismissed For Lack of Standing and Ripeness. ..............................................................................................................................5 A. Plaintiffs Do Not Have and Never Had Standing. ...................................................6 B. Rule 15(c) Does Not Save Plaintiffs' Claims From The Lack of Standing That Has Existed at All Stages of This Action. ........................................7 C. The Voluntary Cessation Doctrine Does Not Apply. ..............................................8 D. Plaintiff's OWP Claims Are Not Ripe.....................................................................9 i TABLE OF AUTHORITIES Cases A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001).............................................. 5 AIME v. UCLA, No. 10 Civ. 9378 (C.D. Cal. Oct. 3, 2011)........................................................... 3 Am. Geophysical Union v. Texaco, Inc., 60 F.3d 913 (2d Cir. 1994)............................................. 5 Collezione Europa U.S.A., Inc. v. Amini Innovation Corp., No. 06-4929, 2009 WL 2634648 (D.N.J. Aug. 26, 2009)................................................................................................. 7 Connecticut v. Duncan, 612 F.3d 107 (2d Cir. 2010)................................................................... 10 Dean v. Blumenthal, 577 F.3d 60 (2d Cir. 2009)............................................................................ 9 Doe v. O'Bannon, 91 F.R.D. 442 (E.D. Pa. 1981).......................................................................... 7 E.I. DuPont de Nemours & Co. v. INVISTA B.V, 473 F.3d 44 (2d Cir. 2006) ............................... 9 Hayes v. Carlin Am., Inc., 168 F. Supp. 2d 154 (S.D.N.Y. 2001).................................................. 9 Hunt v. Washington State Apple Adver. Comm'n, 432 U.S. 333 (1977)......................................... 1 Ill. Tool Works, Inc. v. Foster Grant Co., 395 F. Supp. 234 (N.D. Ill. 1974), aff'd, 547 F.2d 1300 (7th Cir. 1976) .................................................................................................... 8 Itar-Tass Russian News Agency v. Russian Kurier, Inc., 153 F.3d 82 (2d Cir. 1998) ....................................................................................................................................... 3, 4 Jacobson v. Peat, Marwick, Mitchell & Co., 445 F. Supp. 518 (S.D.N.Y. 1977) .......................... 1 Lewis v. Casey, 518 U.S. 343 (1996).............................................................................................. 2 Marchi v. Bd. of Coop. Educ. Servs. of Albany, 173 F.3d 469 (2d Cir. 1999) ............................. 10 Nat'l Ass'n of Freelance Photographers v. Associated Press, No. 97 Civ. 2267, 1997 WL 759456 (S.D.N.Y. Dec. 10, 1997) .............................................................................. 3 Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26 (1976).............................................................. 2 UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000)............................ 5 Warth v. Seldin, 422 U.S. 490 (1975) ............................................................................................. 2 Statutes and Rules 17 U.S.C. § 107(4) .......................................................................................................................... 5 ii 17 U.S.C. § 108(f)(4) ...................................................................................................................... 4 Fed. R. Civ. P. 15............................................................................................................................ 7 Fed. R. Civ. P. 15(c) ....................................................................................................................... 7 Fed. R. Civ. P. 15(c)(1)(B) ............................................................................................................. 7 Fed. R. Civ. P. 15(c)(1)(C) ............................................................................................................. 7 Legislative History H.R. Rep. No. 94-473 (1976).......................................................................................................... 4 S. Rep. No. 91-1219 (1970) ............................................................................................................ 4 Other Authorities Orphan works candidates list goes live," http://www.lib.umich.edu/news/orphanworks-candidates-list-goes-live (last visited Feb. 14, 2012) ...................................................... 6 Register of Copyrights, Library Reproduction of Copyrighted Works (January 1983) ........................................................................................................................................... 4 iii I. Associational Plaintiffs Lack Standing. Because Plaintiffs' Opposition fails to address Defendants' argument that the Copyright Act precludes associational standing (Defs.' Br. at 6-8), it is unnecessary for the Court to evaluate the Hunt factors. A. Associational Plaintiffs Have Not Satisfied the First Prong of the Hunt Test. Even if the Copyright Act did permit associational standing, under Hunt v. Washington State Apple Advertising Commission, 432 U.S. 333 (1977), each Associational Plaintiff must properly allege that at least one of its members has standing.1 However, none of the Individual Plaintiffs are members of Associational Plaintiffs ALCS and TWUC, and the First Amended Complaint ("FAC") does not identify a single work held by one of their members.2 Plaintiffs argue that Rule 8 does not require them to "name names" in the FAC, citing a case under the Resource Conservation and Recovery Act and Clean Water Act (Pls.' Br. at 7), but that is not true for copyright infringement claims where claimants must identify the work infringed, the legal or beneficial rights holder of the work, and—for United States works—a valid copyright registration (Defs.' Br. at 9 (citing cases)). To hold otherwise would make it possible for "tens of thousands" (Pls.' Br. at 16) of unverified copyright holders of unidentified works to sue for copyright infringement where an individual copyright holder cannot.3 Neither the Copyright Act nor any theory of associational standing permits this. 1 Defendants previously defined the "Associational Plaintiffs" to include eight associations (Defs.' Br. at 1. n.1), but Plaintiffs' Opposition clarifies that the Authors Fund is not seeking associational standing. 2 The Associational Plaintiffs have disclosed in discovery that certain Individual Plaintiffs are members of Associational Plaintiffs The Authors Guild, NFF, SFF, ASA, and UNEQ, but their pleading with respect to these associations also is insufficient because they did not include these allegations in the FAC. 3 The Associational Plaintiffs are correct that an association may bring a claim on behalf of itself if it is a "legal or beneficial owner" under Section 501 of the Copyright Act. Nevertheless, the Associational Plaintiffs have not made any allegations regarding works held by them in the FAC, and they cannot amend their pleading through their Opposition. Jacobson v. Peat, Marwick, Mitchell & Co., 445 F. Supp. 518, 526 (S.D.N.Y. 1977). B. Associational Plaintiffs Have Not Satisfied the Third Prong of the Hunt Test. Even if the allegations under the first prong of the Hunt test were deemed sufficient, the Associational Plaintiffs "can establish standing only as representatives of those of their members who have been injured in fact, and thus could have brought suit in their own right." Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 40 (1976) (emphasis added). Simply put, an association's standing is coextensive with the standing of its members. Warth v. Seldin, 422 U.S. 490, 515 (1975) ("If in a proper case the association seeks a declaration, injunction, or some other form of prospective relief, it can reasonably be supposed that the remedy, if granted, will inure to the benefit of those members of the association actually injured.") (emphasis added); cf. Lewis v. Casey, 518 U.S. 343, 358 n.6 (1996) ("[S]tanding is not dispensed in gross.") (eliminating injunction provisions addressing claims for which standing was not established). 1. Individualized Proof Is Required To Establish That Associational Plaintiffs' Members Hold Valid Copyrights. Plaintiffs argue that individualized proof is not necessary for their members' works because Defendants' "database of digitized works records the copyright status of each work" (Pls.' Br. at 9-10), but this statement mischaracterizes the information in Defendants' possession. Defendants admitted that their rights database "includes categorizations of copyright status." (Answer ¶ 70.) In many cases, and out of an abundance of caution, Defendants have assumed that a work is still subject to copyright protection only because they do not have enough information to conclude, however likely, that the copyright has lapsed (e.g., for failure to renew the initial term of copyright protection). Plaintiffs cannot rely on these "categorizations" to meet their burden of establishing valid copyrights, and Defendants should have the opportunity to develop individualized proof to rebut the copyright validity of such works. This requires the participation of the individual authors. Indeed, it has already become evident during limited 2 discovery that the Associational Plaintiffs are unwilling and unable to provide this information for their members. (See, e.g., Petersen Decl. ¶ 2, Ex. A at 11-12 (admitting that The Authors Guild "neither collects nor maintains a record of each every Member Copyright for each and every one of its approximately 8,500 members"); ¶ 3, Ex. B at 6 (refusing to identify each work for which a member of The Authors Guild is a legal or beneficial copyright holder and the copyright registration number). Plaintiffs attempt to distinguish National Association of Freelance Photographers v. Associated Press, No. 97 Civ. 2267, 1997 WL 759456 (S.D.N.Y. Dec. 10, 1997), which rejected associational standing, but Plaintiffs' argument misses the point. (Pls.' Br. at 10-11.) The scope of the Associational Plaintiffs' standing cannot exceed the rights held by their members, and thus who, if anyone, holds the copyright will always be a "central issue." Indeed, the court in AIME v. UCLA, No. 10 Civ. 9378, slip op. at 7 (C.D. Cal. Oct. 3, 2011), in denying associational standing noted: "In order to establish a claim for copyright infringement, individual copyright owners' participation is necessary. This is because having the rights over a copyright is essential to establishing a copyright infringement claim." The Associational Plaintiffs' offer to provide a list of their members' works does not meet their burden of establishing the prima facie elements of copyright infringement, which includes a showing that their members hold a valid copyright in such works and, for United States works, that there is a valid copyright registration. In dictum, the Second Circuit noted in Itar-Tass Russian News Agency v. Russian Kurier, Inc., that "it might be possible to frame some form of injunctive relief that affords protection for those author-members that [the Russian writers union] is willing to identify." 153 F.3d 82, 94 (2d Cir. 1998) (emphasis added) (commenting on the district court's refusal to issue an injunction). 3 First, a list of members "might be" sufficient to resolve who holds the copyright when, as in ItarTass, an association is a "legal or beneficial owner" of its members' copyrights by operation of foreign law. Most of the Associational Plaintiffs have admitted that they are not the legal or beneficial holder of any of their members' copyrights under foreign law.4 Second, the validity of the copyrights was not contested in Itar-Tass because all of the works were recent news articles, whereas the works potentially at issue here include old works that may have lapsed into the public domain (e.g., due to a failure to renew or publish with proper copyright notice). Third, it was not necessary for the Russian writers union in Itar-Tass to identify copyright registrations because none of the works at issue was a United States work. A mere list of members, however, would not satisfy the requirement for Associational Plaintiffs such as The Authors Guild to identify copyright registrations for their members' works. (Defs.' Br. at 9 (citing cases).) 2. Individualized Proof Is Required To Evaluate Fair Use. Plaintiffs argue that Defendants activities are "expressly governed by Section 108, not Section 107." (Defs.' Br. at 12.) Section 108 expressly states, however, that "[n]othing in this section . . . in any way affects the right of fair use as provided by section 107 . . . ." 17 U.S.C. § 108(f)(4) (emphasis added); see also H.R. Rep. No. 94-473, at 74 (1976) ("No provision of section 108 is intended to take away any rights existing under the fair use doctrine."); S. Rep. No. 91-1219, at 6 (1970) ("The rights given to the libraries and archives by this provision of the bill are in addition to those granted under the fair-use doctrine.").5 4 Three of the four that Plaintiffs argue have standing under foreign law (Pls.' Br. at 17) have admitted that they are not a legal or beneficial copyright holder for any works alleged to have been infringed by Defendants. (Petersen Decl. ¶¶ 4-6, Exs. C-E at 5.) Associational Plaintiff ALCS alleged in its discovery responses that it is the legal or beneficial owner of its members works under the copyright laws of the United Kingdom. (Id. ¶ 7, Ex. F at 5.) 5 Plaintiffs' sole authority to the contrary is a pre-Internet-era report from a former Register of Copyrights discussing the relationship between Sections 107 and 108 in the context of library photocopying. (Pls.' Br. at 12-13.) Even if this report carried any weight, it does not stand for the remarkable proposition that Section 107 has no application to this case. Indeed, the report itself states the opposite. Register of Copyrights, Library Reproduction of Copyrighted 4 Plaintiffs also argue that individualized proof of fair use is not necessary because Defendants themselves did not conduct an independent fair use analysis for each work. This argument is misplaced. Defendants believe fair use (and in some cases, other sections of the Copyright Act) permit all of their activities for all works in question. It does not follow, however, that if copyright law does not permit certain activities, then each and every such activity for each and every work necessarily is an unfair use or otherwise violates copyright. The Associational Plaintiffs argue that UMG Recordings, Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349 (S.D.N.Y. 2000), and A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001), support their attempt to obtain injunctive and declaratory relief as to thousands of works not before the Court, but in both cases, the court conducted a fair use analysis of copyrighted works held by a plaintiff in the case. As a result, the defendants were afforded the opportunity to take discovery and develop individualized proof regarding each of the works at issue. Similarly, in American Geophysical Union v. Texaco, Inc., 60 F.3d 913 (2d Cir. 1994), the parties themselves came up with the list of works at issue, each of which was held by one of the plaintiffs and therefore subject to full vetting during the discovery process.6 II. Plaintiffs' OWP Claims Must Be Dismissed For Lack of Standing and Ripeness. Plaintiffs misunderstand the OWP. First, the OWP has only investigated particular works to determine if they qualify as "orphan works" 7; no works have been made available to any users through the OWP. (Defs.' Br. at 15.) Second, the planned uses of orphan works by the University Works (January 1983) (noting only that "the fair use analysis [should] take into account the '108' copying which has already occurred"). 6 The Associational Plaintiffs also argue that even if some individualized proof were necessary, associational standing is not precluded because the proof is redundant. First, this is not true for copyright ownership and validity. The Associational Plaintiffs must offer proof with respect to each work at issue. Similarly, for example, whether a particular book is in-print or out-of-print and whether Defendants' uses affect "the potential market for or value of the copyrighted work," 17 U.S.C. § 107(4), requires evidence specific as to each work. 7 As defined in the FAC an "orphan work" is a work "protected by copyright but whose rights holders cannot be located by procedures established by HathiTrust." (FAC ¶ 3.) 5 of Michigan ("UM") are much more limited than Plaintiffs state in their Opposition. For example, UM would only make an orphan work available if the UM library owns a print copy of the work in its print collection,8 and availability will be limited to UM's students, professors, and other authenticated users and visitors of the libraries at UM's campuses. (FAC ¶ 65.) Finally, as Plaintiffs are aware, there is not even a list of potential orphan works at this time, and no works are being made available through the OWP.9 (Defs.' Br. at 15-16.) A. Plaintiffs Do Not Have and Never Had Standing. To assert a claim of prospective10 copyright infringement, the Copyright Act requires that the plaintiffs hold the relevant right under copyright; and Article III requires, inter alia, an imminent injury that is not conjectural or hypothetical. (Defs.' Br. at 14-15.) At the time of the initiation of this lawsuit, Plaintiffs did not have, and did not plead, standing that met these constitutional and statutory requirements. Indeed, Plaintiffs' initial Complaint did not identify a single copyrighted work that would be distributed or displayed through the OWP, thus failing to identify even a conjectural or hypothetical harm to a copyright held by one of the Plaintiffs. In the FAC, Plaintiffs added allegations that four works had been identified and listed as "orphan works candidates."11 (See FAC ¶¶ 13, 15, 29.) However, the FAC does not and cannot allege that merely "list[ing]" these works as "orphan works candidates" by posting their bibliographic information on the HathiTrust website is a copyright infringement. Moreover, the 8 "Orphan works candidates list goes live," http://www.lib.umich.edu/news/orphan-works-candidates-list-goes-live (last visited Feb. 14, 2012). 9 Plaintiffs' Opposition also misconstrues facts regarding the number of known in-copyright volumes in the HathiTrust Digital Library ("HDL"). (See Pls.' Br. at 2.) The website Plaintiffs cite does not state the number of HDL volumes protected by copyright; it includes an estimate of the number of HDL volumes in the public domain. It does not follow that the balance of the volumes in the HDL are protected by copyright, especially since so many pre-1963 works were not renewed. (See Defs.' Br. at 11 n.11.) 10 Plaintiffs cannot and do not allege actual injury from conduct that has already occurred. (See Defs.' Br. at 15.) 11 The FAC alleges that the copyrights in these works are held by four new Plaintiffs added to the FAC: Authors Fund, ALCS, and Jack R. Salamanca ("Salamanca"). (See FAC ¶¶ 13, 15, 29.) 6 FAC does not allege that these four works—or any other identified works in which Plaintiffs hold copyright—will be displayed or distributed through the OWP, such that an imminent, nonconjectural harm to a right held by one of the Plaintiffs could be found. Plaintiffs cannot make such an allegation because UM is still in the process of creating a more robust orphan works identification process. (Defs.' Br. at 15-18.) B. Rule 15(c) Does Not Save Plaintiffs' Claims From the Lack of Standing That Has Existed at All Stages of This Action. First, Rule 15(c)'s purpose is to avoid the effect of a statute of limitations, not artificially fulfill constitutional requirements such as standing. See e.g., Doe v. O'Bannon, 91 F.R.D. 442, 447 (E.D. Pa. 1981) ("The 'relation back' principle of Rule 15(c), however, cannot serve artificially to assist the plaintiff to meet the constitutionally mandated requirement of concrete adverseness where the plaintiff, in fact, failed to meet that requirement on the date that the claim was filed."); Fed. R. Civ. P. 15 advisory committee's note ("Relation back is intimately connected with the policy of the statute of limitations. . . . Again the chief consideration of policy is that of the statute of limitations . . . ."). Second, the FAC's added claims do not satisfy Rule 15(c)(1)(C), which requires that the amended claims "ar[rise] out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading." Fed. R. Civ. P. 15(c)(1)(B). The initial Complaint did not identify a single work that allegedly would be infringed through the OWP, and the alleged future infringement of new and distinct copyrights of Plaintiffs added in the FAC would involve different conduct, transactions, or occurrences. See, e.g., Collezione Europa U.S.A., Inc. v. Amini Innovation Corp., No. 06-4929, 2009 WL 2634648, at *3-4 (D.N.J. Aug. 26, 2009) (analogizing to patent law, finding infringement claims based on completely different copyrights did not "relate back"); see also Ill. Tool Works, Inc. v. Foster Grant Co., 395 F. Supp. 234, 250-51 (N.D. 7 Ill. 1974), aff'd, 547 F.2d 1300 (7th Cir. 1976) ("An alleged infringement of one patent is not the 'same conduct, transaction or occurrence' as the alleged infringement of another patent."). Finally, considering the FAC under the facts existing at the time of the initial Complaint, Plaintiffs still did not have or allege a non-conjectural imminent harm. At the time, UM had posted online a list of "orphan works candidates" in a further effort to identify their rights holders. There was no certainty that any works—let alone any specific work—would remain unassociated with a copyright holder for the ninety days UM intended to post the list, such that UM might make the work available through the OWP. Any alleged harm from the potential distribution or display through the OWP of a Plaintiff's work was merely conjectural, and indeed, was unlikely to occur, as credible information identifying a claimed rights holder would have resulted in removal of the work from the OWP.12 (Cf. FAC ¶ 74.) C. The Voluntary Cessation Doctrine Does Not Apply. UM has not distributed or displayed any works through the OWP, let alone works in which Plaintiffs claim copyright. Thus, the allegedly unlawful activity has not (and cannot be) "ceased" for purposes of application of the voluntary cessation doctrine, as it has never occurred. Moreover, even if the voluntary cessation doctrine could be applied, whether or not UM has or will cease the OWP entirely would not be the relevant inquiry for determining the mootness of a particular Plaintiff's claim. Rather, the inquiry would be whether UM will or will not distribute through the OWP a work for which that Plaintiff is the copyright holder. In addition, UM's removal of its previous "orphan works candidate" list could not trigger the voluntary cessation doctrine because posting the list is not the allegedly unlawful activity. Rather, Plaintiffs allege 12 UM's OWP process does not require copyright holders to "opt out." Credible information need not come from a claimed rights holder to result in removal of a work from the OWP. 8 that potential distribution through the OWP of yet identified works will be unlawful. 13 Because the purpose of the OWP is to identify orphan works (see FAC ¶¶ 3, 73), there can be no reasonable expectation that this would occur for works in which the Plaintiffs claim copyright, as claimed rights holders for those works have been identified, and therefore they are not considered orphan works under the OWP. (Cf. FAC ¶ 74.) See Dean v. Blumenthal, 577 F.3d 60, 64 (2d Cir. 2009) ("A case might become moot if subsequent events made it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur."). Because the "allegedly wrongful behavior" never occurred, a fortiori it cannot "recur." Cf. id. D. Plaintiff's OWP Claims Are Not Ripe. The works that UM may distribute through the OWP—and which would be the subject of Plaintiffs' claims—have not yet been identified, and it cannot be determined whether a Plaintiff holds the copyright in such a work. Thus, although the parties may be "diametrically opposed" generally regarding the legality of UM's planned uses through the OWP, determining Plaintiffs' claims at this juncture will require application of copyright law without concrete facts regarding the works that allegedly will be infringed (including the works' nature, copyright status, copyright holders, and markets), which are needed to decide copyright infringement and fair use to resolve Plaintiffs' claims. Asking the Court to adjudicate Plaintiffs' claims without these facts is a request that the Court issue an advisory opinion using hypothetical works to apply copyright law to UM's planned uses through the OWP. See, e.g., Hayes v. Carlin Am., Inc., 168 F. Supp. 2d 154, 159 (S.D.N.Y. 2001) ("Article III of the Constitution limits the jurisdiction of the federal courts to cases or controversies 'of sufficient immediacy and reality' and not 'hypothetical or 13 Moreover, the withdrawal was not a strategic litigation ploy, but a part of UM's continuing development of its pilot OWP investigative process in response to feedback received about its process and identified candidates. See E.I. DuPont de Nemours & Co. v. INVISTA B.V, 473 F.3d 44, 47 (2d Cir. 2006) (considering relevant to the determination of mootness the fact that defendant's "cessation" was "not a unilateral action taken for the deliberate purpose of evading a possible adverse decision by this court.") (internal quotations marks omitted). 9 abstract dispute[s] . . . .' ") (internal citations omitted); Marchi v. Bd. of Coop. Educ. Servs. of Albany, 173 F.3d 469, 478 (2d Cir. 1999) (finding unripe plaintiff's First Amendment challenge to hypothetical applications of a Board directive because a court "would be forced to guess at how [the Board] might apply the directive and to pronounce on the validity of numerous possible applications of the directive, all highly fact-specific and, as of yet, hypothetical"). As in Connecticut v. Duncan, 612 F.3d 107 (2d Cir. 2010), for example, the Court is likely to benefit from further development of concrete facts, and deferring review of Plaintiffs' OWP claims until they have arisen in a more concrete form will not cause Plaintiffs any hardship, as they have not suffered any harm from the OWP, and the OWP does not currently present any risk of imminent harm to Plaintiff's copyrights. See id. at 114-15 ("The mere possibility of future injury, unless it is the cause of some present detriment, does not constitute hardship.") (emphasis added). DATED: February 17, 2012 New York, New York Respectfully Submitted, /s/ Joseph Petersen____________________ Joseph Petersen (JP 9071) KILPATRICK TOWNSEND & STOCKTON LLP 31 West 52nd Street, 14th Floor New York, NY 10019 Telephone: (212) 775-8700 Facsimile: (212) 775-8800 Email: firstname.lastname@example.com Joseph M. Beck (admitted pro hac vice) W. Andrew Pequignot (admitted pro hac vice) Allison Scott Roach (admitted pro hac vice) 1100 Peachtree Street, Suite 2800 Atlanta, Georgia 30309-4530 Telephone: (404) 815-6500 Facsimile: (404) 815-6555 Email: firstname.lastname@example.com Attorneys for Defendants 10


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Shoshoni Yoga Retreat
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Shoshoni Yoga Retreat's world-class Yoga Teacher Training Programs exceeds all national and international certification standards of Yoga Teacher Training. The Shambhava School of Yoga, with over 30 years of experience, offers yoga teacher trainings from 200-500 hour levels, with specialty certification available.
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Lasermad has executed a brilliant move with his glowing chess set made from recycled vintage Russian Nixie tubes. Each piece is illuminated without any visible wires, and emits a warm light when at rest on the board. Beautiful and inspired, the design may just be as ingenious as the game itself.
Chessboards have long been decorative objects, and Lasermad creation could certainly be considered amongst the best and brightest. The simple appearance of the chess board conceals the intricate circuitry underneath. The device is made from salvaged Russian Nixie tubes, bolts, coils, wires, and a host of other elements than can be found at a hardware or electronics store.
Each piece sports touches of brass and gilding – materials contemporary to the time period when Nixie tubes were widely used. Instead of using numeric Nixies to mark the pieces, IN-7 and IN-A tubes were made to display scientific symbols. The whole arrangement is powered by 64 air-core transformers beneath the surface of the board, making the tubes function like an induction charger.
Lasermad is planning to offer a kit version of the entire configuration and will be available for purchase. A future glass-topped board showcasing the inner components is also currently in the works. Keep current with Tony and his projects by following his blog.
Via Make/Hack A Day
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According for the Hillsborough County, Florida autopsy report for Billy Mays, cocaine what food was in his system a few days prior to his death. Washington state joins this list by February 2011 and Tennessee joins it in April. Psychologists even advice individuals put their fear into words like how many other performers do in many of their concerts. I used this pain killer for just a long time inside the correct manner and it has never affected me the slightest bit which means it's safe to work with. People who experience pain levels considered agonizing, have to intervene that has a pain medication like Tramadol.
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Wedding Cake maker Clinton MO Missouri - wedding cake professionals Clinton
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If you're a fan of CBC's "Quirks & Quarks", then be sure to attend Ecopalooza, on April 17th! Ecopalooza is a one-day festival of all things green, and the keynote speaker will be none other than Bob McDonald!
For more information about Ecopalooza, please visit our homepage. Also, check out the information we've posted on Facebook.
Ecopalooza (Art show and contest)