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Cambridge University Press et al v. Patton et al
Filing 106
MOTION to Exclude The Expert Report of Kenneth D. Crews with Brief In Support by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Affidavit Declaration of Edward Krugman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Krugman, Edward)
Cambridge University Press et al v. Patton et al Doc. 106 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Civil Action No. 1:08-CV-1425-ODE Plaintiffs, - v. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. PLAINTIFFS' MOTION TO EXCLUDE THE EXPERT REPORT OF KENNETH D. CREWS AND SUPPORTING MEMORANDUM 618735.1 Dockets.Justia.com Plaintiffs Cambridge University Press, Oxford University Press, Inc., and Sage Publications, Inc. ("Plaintiffs") hereby move to exclude in its entirety the Expert Report of Kenneth D. Crews, J.D., Ph.D., Dkt. No. 104, Attachment 1 ("Crews Report" or "Report"), filed by Defendants (also referred to herein as "Georgia State") on June 1, 2009, as inadmissible under Federal Rule of Evidence 702 and, in any event, untimely under Local Rule 26.2.C. INTRODUCTION This motion seeks to exclude a legal brief styled as an "expert report" with which Plaintiffs were sandbagged well after the applicable discovery deadline. The Crews Report consists of seventy-two single-spaced pages of legal argument that violates Rule 702 of the Federal Rules of Evidence, in that it does not help the Court determine a fact in issue, as well as Local Rule 26.2.C, in that it was prepared and filed in a surreptitious and untimely manner in derogation of the Court-ordered discovery schedule. The central legal issue on which Georgia State's defense hinges is whether its systematic and infringing practice of electronically distributing Plaintiffs' copyrighted works is fair use under section 107 of the Copyright Act. Because the Crews Report constitutes legal advocacy Ł proposing an ultimate legal conclusion Ł on this very issue, it is not a proper subject of expert testimony under 618735.1 Rule 702, which does not authorize the admission of expert testimony on questions of law or on the application of the law to the facts. This Court, not Dr. Crews, is the only proper expert on fair use in this proceeding. Yet the Crews Report develops a lengthy argument as to how the Court should apply the fair-use doctrine to Georgia State's copyright policies. Assuming it complied with the page and type limitations set forth in Local Rule 7.1.D, this legal argumentation, which constitutes the heart of the Report, could only appropriately be included in a legal brief filed in support of a motion, not in a purported "expert report." Even if the Crews Report were otherwise admissible, it should be excluded on the ground that it was not served until a week after the May 25, 2009 close of discovery for all purposes but the taking of depositions (as to which the cut-off is June 30, 2009), in clear violation of Local Rule 26.2.C. Indeed, although Defendants retained Dr. Crews on the very same day the parties were moving the Court to extend the discovery schedule (April 22), Defendants did not at that time disclose that they had retained an expert, nor did they propose including any provision for expert discovery in the extension request. Plaintiffs were not informed that Defendants had retained an expert until nearly a month later Ł a mere six days before the May 25, 2009 deadline for discovery Ł and the Crews Report was not filed until a week after the applicable deadline had passed, thus depriving 618735.1 2 Plaintiffs of adequate opportunity to take discovery of Dr. Crews or to retain a rebuttal expert and obtain a report from such expert should they be required to do so. Defendants' "hide the ball" gamesmanship with respect to Dr. Crews, coupled with the blatant attempt to usurp the Court's role as the legal expert in this action, should be rejected and the Crews Report excluded in its entirety. FACTUAL BACKGROUND At no point during the ten months of discovery in this case did Defendants ever indicate that they would seek to introduce expert testimony or even suggest that the parties should seek leave from the Court to conduct expert discovery outside of the agreed-upon discovery deadlines. See Declaration of Edward Krugman, dated June 5, 2009 ("Krugman Decl."), filed herewith, Č 5. Neither the Joint Preliminary Report and Discovery Plan the parties filed on July 25, 2008 (Dkt. No. 16; "Discovery Plan") nor the Scheduling Order entered on July 31, 2008 (Dkt. No. 23) provided for an expert discovery period. Since submitting the initial Discovery Plan, the parties have discussed the discovery schedule on numerous occasions without a single mention by Defendants of an intention to retain an expert. Krugman Decl. ČČ 3-5. On February 17, 2009, the parties filed a joint motion for an extension of time to 618735.1 3 complete discovery that made no mention whatsoever of expert discovery. Joint Motion for Extension of Time to Complete Discovery, Dkt. No. 49. The Court granted that motion and extended the discovery period through May 25, 2009. Scheduling Order, Dkt. No. 52. On April 22, 2009, the parties again sought an extension of the discovery period to June 30, 2009 "for the limited purpose of scheduling and taking depositions," and, again, no mention was made by Defendants of a need for expert discovery. See Joint Motion for an Extension of Time to Take Depositions, Dkt. No. 80. The same day (April 22), the Court granted the motion and ordered that "the Parties shall have until June 30, 2009 to schedule and take depositions. All other discovery must be completed by May 25, 2009." Scheduling Order, Dkt. No. 82. The Court has entered no further scheduling orders, and neither party has sought a further extension of the discovery period. Unbeknownst to Plaintiffs, however, on April 22, 2009 Ł the very day the parties jointly requested a limited discovery extension for reasons unrelated to experts Ł Defendants retained Dr. Kenneth D. Crews to prepare an expert report and to testify in this matter. Crews Report at 6. Several weeks later, on May 15, 2009, the parties reached an agreement resolving several outstanding discovery disputes and agreed to file a joint motion to clarify that post-discovery deadlines 618735.1 4 set by the local rules, such as the deadline for holding a settlement conference, for filing motions to compel, and for moving for summary judgment, should be calculated from the June 30, 2009 date. See Letter from Laura Gary to Randi Singer, dated May 15, 2009, Krugman Decl. Ex. A.1 It was not until May 19, 2009, when the parties were discussing the logistics of the above-referenced joint motion, that Defendants first stated that they intended to designate an expert Ł without disclosing the nature or subject matter of the proposed testimony. Letter from Laura Gary to Edward Krugman, Krugman Decl. Ex. B. On May 21, Plaintiffs informed Defendants that the designation of Crews as an expert witness was untimely under the local rules. Letter from Edward Krugman to Laura Gary, Krugman Decl. Ex. C. After several unsuccessful attempts by Plaintiffs' counsel to reach Defendants' counsel to discuss the timeliness of their designation of Dr. Crews, on June 1, 2009, Defendants' counsel informed Plaintiffs by e-mail that Defendants would be filing Dr. Crews' expert report later that afternoon. Krugman Decl. Č 10. Defendants In agreeing to this provision, Plaintiffs believed they were resolving any potential ambiguity in the April 22 scheduling order. They did not understand this provision of the agreement to authorize any additional discovery, whether expert discovery or additional written discovery (which was expressly prohibited). Had Plaintiffs known that Defendants intended to designate an expert witness, they would have objected. 618735.1 1 5 then supplemented their Initial Disclosures to designate Crews as an expert, using the opportunity to file Dr. Crews' seventy-two page report and exhibits with the Court. Defendants' Supplemental Initial Disclosures, Dkt. No. 104. ARGUMENT I. THE CREWS REPORT IS INADMISSIBLE LEGAL ADVOCACY A. Legal Argument in the Guise of an "Expert Report" Is Not Admissible Under Federal Rule of Evidence 702 Federal Rule of Evidence 702, which governs the admissibility of expert testimony, provides that "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion." FED. R. EVID. 702 provides no basis for admitting the Crews Report, which includes a lengthy discussion of copyright case law, legal argument, and a legal conclusion rather than scientific, technical, or other specialized knowledge. Courts have held consistently that proffered "expert" legal testimony directed toward the correct interpretation of the law or the correct application of the law to the facts is inadmissible under Rule 702 because it does not "assist the trier of fact to understand the evidence or to determine a fact in issue," as Rule 702 requires. See, e.g., Humbert v. City of Coll. Park, No. 1:05-cv-02740-GET, 2008 618735.1 6 WL 5586504, at *3 (N.D. Ga. Aug. 18, 2008) ("Proffered expert testimony generally will not help the trier of fact when it offers nothing more than what lawyers for the parties can argue in closing argument." (citing Cook v. Sheriff of Monroe County, 402 F.3d 1092, 1111 (11th Cir. 2005)); Burkhart v. Wash. Metro. Area Transit Auth., 112 F.3d 1207, 1212 (D.C. Cir. 1997) ("Expert testimony that consists of legal conclusions cannot properly assist the trier of fact in either respect, and thus it is not `otherwise admissible.'"). The Crews Report is exactly what the cases construing Rule 702 forbid: testimony from a lawyer as to how the court should interpret the law and apply it to the facts. The Report surveys the law of fair use and counsels the Court to conclude that the Georgia State copyright policies he evaluates comport with copyright law Ł thus advising the Court as to how it should rule on Georgia State's principal defense. It is, therefore, inadmissible. See, e.g., Montgomery v. Aetna Cas. & Sur. Co., 898 F.2d 1537, 1541 (11th Cir. 1990) (holding that expert testimony as to whether the facts triggered certain duties under an insurance policy was "legal conclusion, and therefore should not have been admitted"). Unlike expert testimony that enables the fact-finder to better understand the record, expert testimony in which "the witness simply recounts the facts and then offers an opinion as to the conclusion . . . is not permitted." Omar v. 618735.1 7 Babcock, 177 Fed. App'x. 59, 63 n.5 (11th Cir. 2006); see also United States v. Delatorre, 308 Fed. App'x. 380, 383 (11th Cir. 2009) ("We have held that an expert witness may not testify as to his opinion regarding ultimate legal conclusions."); United States v. Long, 300 Fed. App'x. 804, 814 (11th Cir. 2008) ("An expert witness may not testify as to his opinion regarding ultimate legal conclusions."). The Eleventh Circuit has repeatedly held that a witness "may not testify to the legal implications of conduct" because the court must be the "only source of law." Humbert, 2008 WL 5586504, at *4 (quoting Montgomery, 898 F.2d at 1541); see also Plantation Pipeline Co. v. Cont'l Cas. Co., No. 1:0-CV2811-WBH, 2008 WL 4737163, at *6 (N.D. Ga. July 31, 2008) (excluding expert report on ground that "the opinions voiced therein express inadmissible legal opinions . . . that invade the province of the factfinder"); U.S. ex rel. Mossey v. Pal-Tech, Inc., 231 F. Supp. 2d 94, 98 (D.D.C. 2002) (stating that expert testimony "consisting of legal conclusions will not be permitted because such testimony merely states what result should be reached, thereby improperly . . . impinging upon the responsibilities of the court"); Nieves-Villanueva v. Soto-Rivera, 133 F.3d 92, 100 (1st Cir. 1997) (excluding legal opinion on ground that "the judge's expert 618735.1 8 knowledge of the law makes any such assistance at best cumulative, and at worst prejudicial"). Accordingly, as the Eleventh Circuit has stressed, "courts must remain vigilant against the admission of legal conclusions." Long, 300 Fed. App'x. at 814 (quoting United States v. Milton, 555 F.2d 1198, 1203 (5th Cir. 1977)). "Domestic law is properly considered and determined by the court" and is "not to be presented through testimony . . . as a question of fact." United States v. Oliveros, 275 F.3d 1299, 1306-7 (11th Cir. 2001) (refusing to allow immigration attorney to testify as expert witness on immigration law). A proffered expert's view as to the proper application of the law to the record facts is no less improper than his view as to what the law is. An expert "may offer his opinion as to facts that, if found, would support a conclusion that the legal standard at issue was satisfied, but he may not testify as to whether the legal standard has been satisfied." Burkhart, 112 F.3d at 1212-13; see also Long, 300 Fed. App'x. at 814-15 (holding that expert's testimony about hallmarks of Ponzi scheme was admissible because "this statement was a factual, not a legal, conclusion," whereas expert's statement that the business was a fraudulent scheme was "an impermissible legal conclusion"). Hence, expert reports that contain legal conclusions should be excluded. See, e.g., Maldonado v. Snead, 168 Fed. App'x. 618735.1 9 373, 386 (11th Cir. 2006) (affirming decision to strike affidavit of expert witness who reviewed case record and offered conclusions with respect to child welfare); Specht v. Jensen, 853 F.2d 805, 808 (10th Cir. 1988) (en banc) (stating that testimony "which articulates and applies the relevant law . . . circumvents the [fact finder's] decision-making function by telling it how to decide the case"); Plantation Pipeline Co., 2008 WL 4737163 at **5-7 (excluding expert report in which expert, based on facts of case, rendered opinions as to whether claims were covered under insurance policy). Thus, so-called "expert reports" that purport to explain to a court how to apply copyright law should be excluded. See, e.g., Music Sales Corp. v. Morris, 73 F. Supp. 2d 364, 381 (S.D.N.Y. 1999) (excluding expert affidavit of noted fairuse authority William F. Patry on the ground that "testimony of an expert on matters of domestic law is inadmissible for any purpose" and noting that "such testimony is inadmissible whether offered at trial for the benefit of the jury or submitted with motions for the benefit of the judge"); Religious Tech. Ctr. v. Netcom On-Line Commc'n Servs., Inc., No. C-95-20091-RMW, 1997 WL 34605244, at *8 (N.D. Cal. Jan. 6, 1997) (striking declarations of copyright "experts" and noting "[i]t is well-established that interpretations and explanations of the law are not proper subjects of expert testimony"); Pivot Point Int'l, Inc. v. 618735.1 10 Charlene Prods., Inc., 932 F. Supp. 220, 225 (N.D. Ill. 1996) (excluding expert testimony on copyrightability of mannequin heads on ground that "[t]here is no need for expert testimony on this subject; in a trial there is only one legal expert Ł the judge"). B. The Crews Report Should Be Excluded Because It Is Inadmissible Legal Argument The Crews Report presents Dr. Crews as an expert in copyright law, noting, inter alia, that he is director of the Copyright Advisory Office at Columbia University; that he earned a law degree at Washington University in St. Louis and practiced law in Los Angeles; that he wrote his dissertation on "fair use policies at major research universities in the United States"; and that he has authored several publications on copyright and fair use. Crews Report at 3-4. It states that in preparing the Report, Dr. Crews engaged in legal research, including "analysis of relevant cases and statutes" (id. at 6). All of this is intended to establish Dr. Crews' qualifications to provide the Court with what is clearly inadmissible testimony as to whether the Georgia State policies comply with copyright law. Such "testimony" is actually legal argument that belongs in a memorandum of law. Indeed, it is noteworthy that in the prior copyright litigations in which Dr. Crews indicates he "had a role" (see id. at 4-5), he served as a consultant, not as an expert witness. 618735.1 11 The Crews Report announces its objective to shape the Court's evaluation of Georgia State's fair-use defense, stating that it "will demonstrate that E-Reserves and the law of fair use today are not necessarily the same as they have been in the past" and that "a flexible understanding of fair use better reflects the law and can better serve future needs." Crews Report at 2. The inadmissible legal argumentation is most explicit in Part V: "The Law of Copyright and Fair Use" (id. 12-20) Ł the heart of the Report Ł which is a survey of fair-use decisions that, Dr. Crews opines, "tells us much about the substance of fair use as applied to EReserves." Id. at 18. Then, following a discussion of model policies for fair use and reserves (id. at 21-27) that, as Dr. Crews notes, "have found no support in the law" (id. at 21), the Report devotes seventeen pages to summarizing the copyright and fair-use policies at various colleges and universities (likely cherry-picked to suit his purposes), none of which are even relevant to this Court's evaluation of Georgia State's practices. After a section devoted to "Common Elements of an EReserve Policy" (id. at 45-49), which, again, is not relevant to Georgia State's practices, Dr. Crews provides an "overview and evaluation" of the Georgia State policies (id. at 50-67) that consists of nothing more than Dr. Crews' views as to the compatibility of each aspect of the policies with copyright law. As Dr. Crews 618735.1 12 concludes: "The Georgia University Policy, as examined in this report, is consistent with the copyright law of the United States. . . ." Id. at 68. This is unquestionably advocacy of a legal conclusion and, as such, an improper subject of expert testimony. Expert witnesses are prohibited from "interpreting the law for the court or from advising the court about how the law should apply to the facts of a particular case." McCabe v. MacAuley, No. C05-73LRR, 2007 WL 625569, at *3 (N.D. Iowa Feb. 26, 2007). Yet that is just what Dr. Crews has done. Dr. Crews' views as to the compatibility of the Georgia State policy with copyright law "belongs in briefs, not in [an] `expert' report. . . . If specialized knowledge . . . would assist the judge, the holders of that knowledge can help counsel write the briefs and present oral argument." RLJCS Enters., Inc. v. Prof'l Benefit Trust Multiple Employer Welfare Benefit Plan, 487 F.3d 494, 498 (7th Cir. 2007) (citations omitted). II. THE CREWS REPORT AND TESTIMONY SHOULD BE EXCLUDED BECAUSE DEFENDANTS FAILED TO COMPLY WITH LOCAL RULE 26.2.C Beyond its incompatibility with Rule 702, the Crews Report was not even filed in a timely manner. Local Rule 26.2.C provides, in relevant part: Any party who desires to use the testimony of an expert witness shall designate the expert sufficiently early in the discovery period to permit the opposing party the opportunity to depose the expert and, if desired, to name 618735.1 13 its own expert witness sufficiently in advance of the close of discovery so that a similar discovery deposition of the second expert might also be conducted prior to the close of discovery. Any party who does not comply with the provisions of the foregoing paragraph shall not be permitted to offer the testimony of the party's expert, unless expressly authorized by court order based upon a showing that the failure to comply was justified. N.D. Ga. Local R. 26.2.C. The identification of an expert is "sufficiently early" when it affords the other party enough time to prepare for a deposition and depose the expert, Fedrick v. Mercedes-Benz USA, LLC, 366 F. Supp. 2d 1190, 1194 (N.D. Ga. 2005), and to "decide whether they wish[] to retain a counter-expert, locate and retain a counter-expert, allow that expert to prepare his expert report, and make that expert available for deposition within the discovery period." Gainor v. Douglas Co., 59 F. Supp. 2d 1259, 1297 (N.D. Ga. 1998). Defendants have no justification for their flagrant violation of Rule 26.2.C. Dr. Crews was retained by King & Spalding on April 22, 2009. Crews Report at 6. Yet, Defendants did nothing to inform Plaintiffs of this fact until May 19, 2009, nearly a month later, despite the fact that on the very day Dr. Crews was retained the parties filed a joint request to extend the discovery schedule. Defendants' designation of Dr. Crews only six days before the May 25 deadline and the service of his report on June 1, 2009 Ł after the close of all discovery with 618735.1 14 the exception of depositions Ł violated Local Rule 26.2.C, as Defendants failed to "designate the expert sufficiently early in the discovery period to permit the opposing party the opportunity to depose the expert and, if desired, to name its own expert witness sufficiently in advance of the close of discovery," as Rule 26.2.C requires. See Carolina Cas. Ins. Co. v. R.L. Brown & Assocs., No. 1:04CV-3537-GET, 2007 WL 174171, at **2-3 (N.D. Ga. Jan. 19, 2007) (excluding expert testimony where expert was designated seventeen days before close of discovery). Moreover, Defendants did not produce Dr. Crews' report until June 1, 2009 Ł after the May 25, 2009 deadline for all discovery other than depositions and less than thirty days prior to the deadline for completion of depositions. Even if, for purposes of Local Rule 26.2.C, the "close of discovery" in this case were somehow construed to be June 30, 2009, it is unreasonable to expect Plaintiffs to review additional expert discovery materials that have not yet been produced, depose Dr. Crews on his seventy-two page, single-spaced report, retain a rebuttal expert, and obtain a rebuttal expert report prior to June 30, 2009.2 The Court Defendants cannot argue that Plaintiffs somehow conceded in the May 15 letter agreement to an extension of the discovery period to June 30 for all purposes, including the submission of expert reports. As discussed above, Plaintiffs entered into the agreement for the sole purpose of clarifying the appropriate date for the calculation of post-discovery deadlines, and they did so without knowledge that 618735.1 2 15 should not tolerate Defendants' calculated effort to place Plaintiffs in this untenable position, which is precisely what Local Rule 26.2.C is intended to prevent. More fundamentally, the retention of Dr. Crews and the dilatory filing of his report violated the Court's unambiguous April 22 discovery order, which clearly provides that all discovery but for depositions was to have been completed by May 25, 2009. Scheduling Order, Dkt. No. 82. Defendants' suggestion that Plaintiffs should now agree to a further extension of the discovery period to accommodate Defendants' delay in designating an "expert" does not excuse Defendants' disregard of the Court's scheduling order and the local rules. See The Lamar Co., L.L.C. v. City of Marietta, 538 F. Supp. 2d 1366, 1378, 1380 (N.D. Ga. 2008) (excluding testimony of expert witness where party delayed disclosing intention to present expert testimony despite the party's offer to agree to extension of the discovery period to allow other party to depose late-disclosed expert). As Defendants had retained Dr. Crews nearly a month earlier, a fact Defendants withheld until May 19. See Krugman Decl. Č 4. Indeed, Plaintiffs insisted that the "close of discovery" clause be narrowed to clarify that no additional written discovery be allowed past the May 25 deadline. See id. Had Defendants forthrightly informed Plaintiffs of Dr. Crews' retention on May 15, Plaintiffs would have objected immediately Ł as they did upon learning that information on May 19 Ł and refused to sign the agreement. 618735.1 16 this Court held in Nestlehutt v. Am. Indus. Chem. Corp., No. 1:03-CV-1054-ODE, 2005 WL 6033021, at *11 (N.D. Ga. May 5, 2005) (Evans, J.), designating an expert such that further extensions of the discovery period are necessary "work[s] against [a party's] argument for leniency rather than in favor." As the Court concluded in granting the motion to exclude the expert testimony: The procedural history suggests that Plaintiff has had an exceedingly long discovery period in which to identify an expert, but that he inexplicably provided the expert report at a time in which there could be no doubt yet another discovery extension would be required to accommodate his testimony. Accordingly, Defendants' motion to exclude expert testimony is GRANTED. Id. The present motion to exclude the Crews Report should be granted for the same reason. CONCLUSION For the reasons set forth above, the Crews Report is both inadmissible and untimely and thus should be excluded in its entirety. Respectfully submitted this 5th day of June, 2009. /s/ Edward B. Krugman Edward B. Krugman Georgia Bar No. 429927 John H. Rains IV Georgia Bar No. 556052 618735.1 17 BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 Telephone: (404) 881-4100 Facsimile: (404) 881-4111 firstname.lastname@example.com firstname.lastname@example.com R. Bruce Rich (pro hac vice) Randi Singer (pro hac vice) Todd D. Larson (pro hac vice) WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 email@example.com email@example.com firstname.lastname@example.com Attorneys for Plaintiffs 618735.1 18 CERTIFICATE OF COMPLIANCE Pursuant to Local Rule 7.1(D), I hereby certify that this document complies with the font and point selections set forth in Local Rule 5.1. This document was prepared in Times New Roman 14 point font. /s/ Edward B. Krugman Edward B. Krugman 618735.1 19 CERTIFICATE OF SERVICE I hereby certify that I have this day filed the foregoing PLAINTIFFS' MOTION TO EXCLUDE THE EXPERT REPORT OF KENNETH D. CREWS WITH SUPPORTING MEMORANDUM with the Clerk of Court using the CM/ECF filing system which will automatically send e-mail notification of such filing to the following attorney of record: Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334 In addition, I have served a copy upon the following individuals via hand delivery: Anthony B. Askew, Esq. Stephen M. Schaetzel, Esq. Kristen A. Swift, Esq. C. Suzanne Johnson, Esq. Laura E. Gary, Esq. King & Spalding 1180 Peachtree Street Atlanta, Georgia 30309 This 5th day of June, 2009. /s/ Edward B. Krugman Edward B. Krugman 618735.1 20


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EOF - The Bigger Switch
I've always liked Nicholas Carr, even when I didn't agree with him. He's a clear thinker, a solid writer, a fearless partisan for sanity and a member of nobody's cabal. His landmark 2003 article, "IT Doesn't Matter", was voted the best of that year by the staff of Harvard Business Review. In 2004, Nick expanded that article into the book Does IT Matter?. He followed in 2005 with "The End of Corporate Computing", in MIT Sloan Management Review. As usual, few reviewers agreed with him. Including me.
His main point: IT functions were turning into "commodity inputs" developed outside of IT organizations and becoming profoundly generic. He added that IT was declining in strategic importance within organizations, and instead was doomed to perform purely functional roles. From the Preface to Does IT Matter?:
IT's transformation from a set of proprietary and heterogeneous systems into a shared and standardized infrastructure is a natural, necessary, and healthy process. It is only by becoming an infrastructure—a common resource—that IT can deliver its greatest economic and social benefits.
I didn't see how much this thesis had in common with my own observations about open-source development until I read Nick's latest book, The Big Switch: Rewiring the World, from Edison to Google. In it, Nick stays on the supply side of technology, detailing the sources of IT's—and everybody's—commodity inputs from pure utility service providers: Google/YouTube, Amazon, Skype and PlentyofFish. He sees good and bad in the trends. For example, although he agrees with some observations in Lewis Hyde's classic The Gift: Imagination and the Erotic Life of Property and Yochai Benkler's more recent The Wealth of Networks, he also dismisses their optimism:
...there's a naiveté, or at least a short-sightedness, to these arguments as well. The utopian rhetoric ignores the fact that the market economy is rapidly subsuming the gift economy. The "gifts of time and ideas" are becoming inputs to the creation of commodities...businesses are using the masses of Internet gift givers as a global pool of cut-rate labor.
Yet, there is more to a gift economy than the charity implied by the g-word. As Eric S. Raymond put it in "Homesteading the Noosphere":
Abundance makes command relationships difficult to sustain and exchange relationships an almost pointless game. In gift cultures, social status is determined not by what you control but by what you give away....
This abundance creates a situation in which the only available measure of competitive success is reputation among one's peers.
Eric's essay appeared on the Web in 1998. At that time, the LAMP stack was still four letters long. Now that stack is a pile that exceeds a half-million code bases. Most of that code was produced originally for very practical reasons: to solve a problem, to add a capability, to get some work done—or, in hacker parlance, to "scratch an itch". Those code bases are what organizations, including companies large and small, use to build countless new "solutions" and businesses. What they benefit from is less the value of gifting and peer esteem than the value of re-usability, which matters not only to hackers but also to anybody who wants to save money and time.
Peer-built commodity code has given us re-usability out the wazoo. In fact, we have so much of it that the builder of anything technical has to cope with a surfeit of free loose parts, as if sitting in a vast bin of Lego pieces, all seemingly from different sets—a little Star Fighter here, a little Train Station there, a lot of who-knows-what—all of it useful, or it wouldn't have been made in the first place.
It is usefulness that lies behind the creation, expansion and ubiquitizing of what Nick calls the World Wide Computer. If it weren't for the LAMP heap, we would not have the scale of freeness and abundance required to scale up a Flickr, an Amazon Web Service or a Google Cloud Computer.
Consistent with Nick's prophesies, I've been hearing lately about troubles in IT-land. It seems that the gears where IT meets HR are stripped by the independence of what Peter Drucker prophetically called Knowledge Workers. It seems these workers are getting, and sharing, most of their knowledge through commoditized external services outside of IT's control. I know one company where the internal IT system is so locked-down and firewalled against usefulness that employees in one division are getting most of their work done on their own computers, with their own cell phones, using utility "social networking" services from Twitter and Facebook.
There is a natural tendency, of course, to imagine utopian scenarios for the future of the Net. Being an natural optimist, I have gone overboard in that direction more than once—and have been called on it by Nick himself, repeatedly. What still gives me hope, however, even after I discount my own optimism, is the almost brutally meritocratic and practical nature of open-source goods production, and the abundance of smart sources from which they come.
I don't see utopian ideals behind what Alvin Toffler called the Information Age (in The Third Wave, which came out in 1980). Rather, I see practical ones, modeled on the construction industry, complete with "architects", "designers" and "builders". The difference is in the materials. In the physical world, we are bound by the laws of physics and the periodic table. In the networked world, we are bound by what the human mind can produce. We have no equivalents of rock and wood, because our raw materials are far less limited and far more abundant than both. This creates new problems and opportunities in equal profusion.
But, for better and worse, the source is us.
Doc Searls is Senior Editor of Linux Journal. He is also a Visiting Scholar at the University of California at Santa Barbara and a Fellow with the Berkman Center for Internet and Society at Harvard University.
Doc Searls is Senior Editor of Linux Journal
As Linux continues to play an ever increasing role in corporate data centers and institutions, ensuring the integrity and protection of these systems must be a priority. With 60% of the world's websites and an increasing share of organization's mission-critical workloads running on Linux, failing to stop malware and other advanced threats on Linux can increasingly impact an organization's reputation and bottom line.
Sponsored by Bit9
Most companies incorporate backup procedures for critical data, which can be restored quickly if a loss occurs. However, fewer companies are prepared for catastrophic system failures, in which they lose all data, the entire operating system, applications, settings, patches and more, reducing their system(s) to "bare metal." After all, before data can be restored to a system, there must be a system to restore it to.
In this one hour webinar, learn how to enhance your existing backup strategies for better disaster recovery preparedness using Storix System Backup Administrator (SBAdmin), a highly flexible bare-metal recovery solution for UNIX and Linux systems.
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text:
Simple pocket calculator application for IRR and Compound Interest calculation. Iphone and iPad versions.
iPhone Portfolio
Network library for multiplayer gaming with dedicated server. Porting Win32 library to iPhone platform. Library communicates with server via HTTP or UDP.
TeachPoint provides a mobile solution for teacher evaluation. It allows building a centralized evaluation system with flexible question structure, automatic report generation.
Simple way for people to share & compare their financial product, price and feature choices and opinions with people similar to them (their 'tribes').
The application was developed for the Limited Brands, an international company that sells lingerie, personal care and beauty products, apparel and accessories.
Crossplatform library for casual network gaming. Includes library, unit tests, and samples for each platform.
Singleplayer dice game for iPhone, with some rpg features. Allows player to play dice, gain money and blings. Blings can be sold, wagered. As player raises money, game environment changes from suburbs to royal palace casino.
Application retrieves data from server on-demand or periodically, displays competition-based or event-based statistics.
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KNOXVILLE, Tenn. (utsports.com) -- The Tennessee baseball team fell in a nine-run hole and couldn't quite dig its way out, as it suffered its first loss of the 2011 campaign, 9-6, in the series finale against Milwaukee on Sunday afternoon at Lindsey Nelson Stadium.
The Volunteers (2-1) staged a comeback in the second half of the contest, scoring six unanswered runs over the final four and a half innings, but missed out on a few too many opportunities, leaving 11 runners on base. Senior Josh Liles paced the offensive effort with three RBIs, while freshman Andrew Toles ripped a pair of doubles and scored two runs.
"We dug ourselves a hole early, but I was really happy with how we battled back," UT Head Coach Todd Raleigh said. "When you're down nine, you have to change your game plan a little bit. We had our chances, but we ran ourselves out of an inning and had a double play that hurt us. Just to get back in position, I felt like we had them on the edge a little bit. They didn't give us anything though. They didn't leave the door open for us. They are a good team, but I was proud of how we came back."
After a slow start, the Big Orange pitching staff got a pair of strong relief appearances out of freshman Carter Watson and sophomore Zack Godley who combined to throw four shutout innings after the Panthers (1-2) scored nine runs in the first four frames.
Defensively, UT posted another errorless performance and finished with just one error all weekend with that coming from a pitcher on a failed pickoff. All in all, it was a productive opening weekend for the Vols who claimed a series victory, hit .315 as a team, recorded their first shutout in almost four years and had a .992 fielding percentage.
"Our defense was outstanding," Raleigh said. "We were unbelievable this weekend. I think we made one error, which was a pitcher on a pick off. You don't see that very often. I thought we ran the bases well, although we made a mistake today. I thought we hit the ball well and had a good approach at the plate. I saw some good things from some of our pitchers, but we need to be a little bit better."
After a pair of losses to open the season, the Panthers wasted little time grabbing the momentum from UT on Sunday, scoring a run in the top of the first with three consecutive hits before recording an out. Although Peper was able to escape without any further damage thanks in large part to an inning-ending double play, UWM came right back two frames later and tacked on four more runs to go ahead 5-0.
With the Vol offense being held in check by Milwaukee starter Jordan Guth, the Panthers used a walk and a double to score once more in the fourth and a three-run home run down the line in left in the top of the fifth to jump out to a commanding 9-0 advantage.
After that point, however, Tennessee turned the tables a little and dominated the game down the stretch, scoring six unanswered runs, starting with four in the bottom of the fifth. Junior Chris Pierce, making his first start in a UT uniform, opened the stanza by getting hit by a pitch and moving to second on a balk. Classmate Zach Osborne then promptly punched an RBI single to right to get the Big Orange on the scoreboard.
That seemed to loosen the Vols up a bit and Toles followed with a double to left-center. Norfork then walked to load the bases for Liles who brought another run home with a run-scoring groundout to third. Senior Matt Duffy finished off the scoring that inning with a two-RBI double to the gap in right-center that brought Norfork and Toles around to score. UT would load the bases later that inning after a pair of hit batters, but a 1-2-3 double play off the bat of sophomore Chris Fritts would halt the threat.
After scoreless stanzas in the sixth and seventh, Tennessee would load the bases once again in the bottom of the eighth with walks to junior Davis Morgan and Norfork, sandwiched around Toles' second double of the day. Liles would add two more RBIs to his total for the game with a single to left, but a base-running miscue erased Norfork from the basepaths and put two outs on the scoreboard. Milwaukee closer Cuyler Franzke would come in to get Duffy to bounce into a fielder's choice before shutting the door in the ninth to earn the save.
Tennessee will be back in action on Friday, Feb. 25, when it opens a three-game set against Canisius at 3 p.m. at Lindsey Nelson Stadium. The two squads will also play at 2 p.m. on Saturday and 1 p.m. on Sunday.
For the most up-to-date information on Tennessee baseball, visit www.UTSports.com/baseball and follow @VolBaseball on Twitter.
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main index
"Hearing I ask | From the holy racesThe Norse Mythology is a collection of stories derived from Germanic roots, following the lives of the Norse gods — the �sir and the Vanir — and the men whose lives they directly affected. At its height, the mythology covered most of northern Europe, much of modern Germany and Austria, and parts of the British Isles; it lasted longest in Scandinavia and Iceland, however, which produced most of its surviving texts. It is a branch of the Proto-Indo-European mythological tradition, which also spawned the Celtic, Greek, and Vedic pantheons; it's distinguished from those myths, however, by the fact that its gods are not only fallible, but also all mortal. They could, and did, die. Like most traditional polytheistic systems, it has no set canon and in some ways resembles a body of customary beliefs more than a set religion. It has been speculated that only chieftains and other wealthy people held faith in the �sir, while the common farmers believed in land-spirits such as trolls and giants.Many texts describing Norse beliefs have come down to us, but, aside from a few runic inscriptions and similar fragments, all were written hundreds of years after the turn to Christianity. Consequently it's nearly impossible to tell which stories are Hijacked by Jesus, or how much they are, although academic theories abound. Even ignoring this, another problem arises: since Norse myth has no definitive canon, the myths differ considerably from place to place, according to the time they were written and the purpose they were written for.For most researchers the main source of canon is the Poetic Edda, also known as the Elder Edda or Codex Regius (as it was originally known). This is a collection of both mythological and heroic poems; the most famous, the V�lusp�, relates the past creation of the world, the future death of the gods and burning of the world, and the beginning of the world to come. Others give pithy advice (H�vam�l) or contain legends of the �sir and the Vanir, while even more tell us about the heroic deeds of human beings. Perhaps the most important hero is Sigurd Fafnesbane, a man cognate to the Siegfried of German legend. The oldest surviving copy of the Elder Edda was made in the late 13th century, though many of its poems are much older than that; though how much is often quite unknown.A secondary source of canon is the Prose Edda (a.k.a. Younger Edda, Snorri's Edda or just plain Edda), a book that was written by the Icelandic historian and politician Snorri Sturluson sometime around 1225 CE. It's difficult to accurately summarize his book; it's believed to have begun as a simple collection of skaldic poetry, but as Snorri wrote, he's thought to have realized that most of his audience would miss many important mythological allusions. Drawing upon his vast knowledge of Norse mythology, therefore, he devoted half his book to retelling the myths in an educational manner, sourcing both older sagas and the Poetic Edda. It's likely that Snorri didn't intend this mythological content to be taken at face value: the prologue and the end of the first section explicitly state that the work covers ancient, mythologized kings and heroes rather than true divinities. In fact, Snorri's not-at-all mythological book Heimskringla (which retells stories of the Norwegian kings) contains a similar prologue, and it even mentions the events of the Prose Edda in passing.Various other sources exist, including The Icelandic Sagas and Saxo Grammaticus' Gesta Danorum, a Danish work of history compiled in the late 12th century. All are, for one reason or another, generally considered less authoritative than the Eddas. The works of the Roman ethnographer Tacitus touch on an earlier form of Norse myth, similar in many ways but dating to the first century CE. The current versions we have, however, are Older Than Print.It's important to note that the Norse gods are usually considered to be derived from the same ancestral Indo-European mythology as Classical, Celtic, and Hindu Mythology. The mythology of Zoroastrianism is also similar, although with a henotheistic structure imposed on it.Incidentally, we still honor some of the Norse deities on a regular basis (though we use the Anglo-Saxon versions of their names): Sunna's Day; M�ni/Moni's Day; Tyr's, or Tiw's, day; Odin's, or Woden's, day; Thor's, or Thurs's, day; and Frigg's day.note Each occurs once a week in cultures that use the Germanic root names.Norse Mythology survives to this day as the basis for Heathen, �satr�, and Theodish (etc.) mythology. In Scandinavia, the conversion from this faith to Christianity never fully replaced belief in Norse God/desses. Sources from the 17th century suggest that Odin was still believed to be a protector of horses. In the 1950s, studies showed that some people in Sweden still believed in Norse Mythology, though they did not worship the God/desses. Modern day Scandinavians and Icelanders that worship the Norse God/desses are called "new heathens" and refer to their faith as "the Old Creed" and the deities as "the Old Gods."By the way, note that this page is called Norse Mythology, not Viking Mythology. Originally, the word "viking" meant the act of faring overseas and the sailor participating, while in English it denotes a profession meaning something like "pirate." Only a minority of Norsemen were Vikings.
From Heimdall's sons | both high and low;
Thou wilt, Valfather | that well I relate
Old tales I remember | of men long ago."
—The Voluspa, Stanza 1
Works that are part of Norse mythology on the wiki:
Trope Namer of the following:
Prominently features:


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Green Party
Green Party, formed at Westminster in spring semester 2002, subscribes to the ten key values of the Green Party of the United States: grassroots democracy; social justice; ecological wisdom; nonviolence; decentralization; community-based economics; feminism and gender equity; respect for diversity; personal and global responsibility; and future focus. Membership is open to full time undergraduate students who agree with the purpose and object of this organization. Associate membership is available to graduate students, alumni, and members of the community. *
# of Members: 10
Selena Dasari
Mailbox: 508
Christina Mauri
Mailbox: 798
Branislav Cikel
Mailbox: LIS
Last Updated Wednesday, August 6, 2014
$ - organization requires payment of dues
+ - organization requires maintenance of a determined grade point average
& - organization has a selection process
* - recognized student organization by Student Life and Athletic Council
Box # in bold indicates permanent mailbox.


text:
~for my 5 cuties~
Posts: 9,156
Joined 23-Feb-08
This is all I can do to manage this horrible drive to the children's hospital my son is being flown to in a helicopter & they don't have any room for me so I have to drive. Please, please pray for Anthony! He fell out his bedroom window second story on to my cement driveway on his head. He for sure has a broken arm and severe swelling in his head. Oh god I don't know I'll make it through this if he's not OK. Please God I don't ask for much, please? Pray for us, you guys were the only place I could think to come too for support and prayers! Please!?!?
Update: My little fighter is doing considerably well I guess. He has a skull fracture from his eyebrow all the way back to the base of his neck straight down the middle of his head, he has a concussion, bleeding from his brain, and huge gash on the back of his head, a broken arm, cracked spleen which is causing his stomach to bleed but they say Level 1 is best, Level 4 is worst and his cracked spleen bleed is a Level 1, they know his spine is OK from his collar bone to his rib cage area. He has a neck brace on because they can't rule that out until they can assess him and have absolutely no pain during the assessment and due to ligament pain in his neck when he moves his neck he is pain so they won't be able to remove the neck brace. :( His biggest complaint is the brace because it hurts him and they can't let him sit up to be able to watch cartoons until he can be cleared so he has been staring at the ceiling :( God has answered my prayers so far and thank you for your support and prayers! Please keep them coming, I can't live without my baby. I won't. Thats not an option. My Lil man is going to make it through this! He has to. He just has to. God Please, he has too! He knows his name, my name, grandma, brothers, sister, uncle Vonn who he asked for specifically. He knows the brand of his bike and the color we just bought him for his birthday and he knows he likes video games but can't seem to remember the system or any names of his favorite games but thats OK. I'm happy with what he's shown and I love his nurse. She reminds me of me. No bullshit stubborn kind of person. Lol. Sorry but I got to try to laugh about something cuz I'll go insane if I don't. I have been kicked out of his room for their 7 o'clock assessments they do which no parents are allowed in their rooms for due to privacy concerns with neighbor patients. Please continue to pray. I need you guys! Love, Nicki and Family
Momma to many precious children who are the loves of my life!
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Joined 14-Feb-09
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Joined 11-Apr-07
oh i hope he's alright! [:'(] please update us when you can. i'll be thinking of you!
Posts: 3,321
Joined 30-Aug-08
oooh my gosh girl, i hope so much that when you get to the hospital everything is okay with your son, I can't imagine how scared u are right now! sorry this is so late responding, I kept seeing the title to this post but everytime I clicked on it for the last 6 hours it showed me the crying baby.
sending all my love to u girl
Married to my Air Force sweetie for 14 years Mommy to Jason ~ 14 Ryan ~ 12 Jenna ~ 3 Emma Rose born Feb 28th 2009Gestational Surrogate to Erin ~ 9 William Born November 13th 2000 at 23.5 weeks on this earth for 1 short day, now in HeavenTraditional Surrogate to Colter ~ 6Egg donor to Twins ~ 7 Albert & Victoria
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Joined 15-Aug-08
I will be praying hard for him tonight please keep us posted
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Joined 9-Dec-08
OMG, Nicki...I'm so sorry. I kept trying to read this, but like Joy, all I got was the crying baby. I will be hoping and praying that Anthony is okay. Stay strong, hon, we're here for you.
'00 '02 '04 '06 '09 UC '12 UC 12/13 Due 4/15
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Me (Diane), DF, 7, our long awaited DD2! Our sway worked!! TY IG!
LIttleBean Lost.. but not forgotten..Gone to be with my other L.O.'s
Photography Mommy
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Oh gosh I literally started crying when I read this. I'm so sorryy! I'm thinking hard about you guys. &Praying to the best of my ability. Stay strong honey. Update us when everything settles down.
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Praying that he recovers super fast.
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OMG...I'm praying! Please update when you can!
Mom to 4 beautiful children and 3 angel babies March 2011 June 2011 November 2011 lost our baby at 18 weeks
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Gold Membership
I am so sorry. I also have seen this title all day but not been able to read the post. I never dreamed it would be anything so awful. I can't imagine how you could make that drive. I am praying hard for Anthony. I hope you can update us soon.
MS/IUI 10/2/07 at GIVF, natural cycle, 1 follicle, 94.7% sort purity, BFN
MS/IUI 8/25/08 at HRC, Clomid + Ovidrel, 3 follicles, 92.99% sort purity, BFP!!!
Beta #1 on 9/9 (15 dpo): 153, Beta #2 on 9/11 (17 dpo): 395
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Joined 29-May-09
I'm praying for you! My DH's co worker fell off a very tall semi trailer(300 pound guy) right on his head and God bless him he had someone watching over him and he was fine and perfect as can be...after being treated. You have hope.
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Joined 11-Feb-08
OMG that is so scary!!!!! I will definitely send some prayers your way! Update when you can and hopefully everything will be okay!
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Joined 12-Jul-08
I am hoping beyond hope and praying very hard that your son will be alright.
12 , 9 , 3
"Life is not about waiting for the storms to pass. It's about learning to dance in the rain." - Vivian Green
Read my blog about raising my challenging kids: http://www.wereswimminginalphabetsoup.blogspot.com
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OMG! I'll be praying for your DS all night! Stay strong hun, He'll be just fine and perfect......


text:
Cross-platform mobile messaging company WhatsApp, which was acquired by Facebook in a $19 billion deal last month, sneaked a unique way to potentially grow its user base into the update to its Android application.
Facebook Marketing
Facebook Releases Resource Guide For Nonprofits In Four New Languages
In March, Facebook released a guide for causes and nonprofits, advising them on how to reach Facebook users with their pages. The social network announced Wednesday that the guide is now available in four additional languages.
WhatsApp Denies Facebook Talks
UPDATED 4:05 p.m. ET: Mobile messaging application WhatsApp denied a report in TechCrunch saying that it was in talks with Facebook about being acquired by the social network, telling AllThingsD, "The TechCrunch article is a rumor and not factually accurate. We have no further information to share at the moment."
Report: India To Top U.S. In Facebook Users By 2015
How do you say "poke" in Hindi? According to several analysts, India is set to overtake the U.S. as the top Facebook market in terms of number of users by 2015.
Facebook Adds 10 Mobile Languages In India
Facebook mobile users in India are no longer limited to English, as the social network launched support for 10 new languages in the country.


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Monday, September 21, 2009
You might never upload a photo to Facebook again
I learned that it's possible to use online techniques to find out information about almost anyone. Here are a few of the tips we heard:
Look at pictures that are posted by your suspect on social media sites (such as Facebook), and study the backgrounds of the pictures. Team logos, landmarks, or other things in the pictures can indicate where your subject is living. You might see drugs in the background, worth noting if you're trying to establish drug-related connections.
Note any other people in your subject's photos. That's one way to discover gang associations or other criminal connections. Even if your subject keeps most of his uploaded information private, you might be able to find out information from his friends' postings.
We were advised to always capture information as soon as we find it (Snagit was a recommended tool for screen captures), because the Internet constantly changes.
We learned how to refine Google searches on the web to focus and narrow down results. Using boolean operators to do searches, trying different spellings and search engines, and using cache to get archived information were some of the suggestions.
Some of the techniques will come in handy for my writing. One thing is certain--going forward, I'll be much more selective when I upload personal information and photos. And I'm also happy that I use a pen name for my writing--there's less surfacing of personal data that way.
Do you have any favorite search tricks or online research techniques? Are there any rules that you follow for uploading personal information online?
13 comments:
My son is a former federal agent who specialized in computer forensics. He's now the director of cyber security for a company that manufactures security software for the government. His advice is to never post personal info on any site, especially your birthday, phone number, hometown, names of spouses and children, and schools/university you attended. Identity theft is one of the fastest growing crimes today, and with very little info, a thief can quickly put you in a world of hurt.ReplyDelete
One more tip: Use strong, long passwords. Rather than rely on passwords that you have to remember, base your password on a random keystroke pattern on your keyboard. The resulting password is almost impossible to discover and all you have to remember is the keyboard pattern.ReplyDelete
Personal Information Online:ReplyDelete
A CEO posted a blog about why we weren't using online tools to promote outselves. I was one of the ones who said 'too much personal information' and was pretty much told to get over it, that it was the new wave of promotion. The big problem is that there are so many places to get involved online and post information--it's very easy to lose control of it without realizing it. Or worse, post one piece of information here and another piece there, and you've given away something inportant (Sarah Palin's password, for example--remember that?).
The best thing to do is limit the availability as much as possible and think about the information you're posting. Most people just talk about anything and never consider what someone might discover.
Joe, I hadn't considered not posting school affiliations. Good point! Linda, good luck to that CEO when his identity gets stolen. He'll be in a world of hurt.ReplyDelete
Hi Kathryn.ReplyDelete
Great to see that you are doing well.
Your comments reminded my of why I never post my photo on the web. I am too concerned that someone will see my drug paraphernalia or the CIA will notice my Al Qaeda connections.
Seriously though, information on the Web can spread so quickly, and it is so easy to find, anything that is posted there might just as well be published on the front page of the L.A. Times. Besides, I think that the trivial facts of someone's personal life are generally not that interesting anyway, and much of the posting of that kind of information is a sign of narcissism.
P.S., congratulations on the publication of your first three Fat City novels. I hope that there are many more.
I dunno, folks. A little caution goes a long way. I'm a big believer in security systems and complex passwords, but I think there's a point when caution becomes paranoia, and I start to get uncomfortable. Remember in the mid-1980s when there was a kidnapper and child abuser on every street corner--even though there really wasn't? Those were the days when you were supposed to get your kid fingerprinted so that his body could be more easily identified. I wasn't a big believer in that scare, either.ReplyDelete
Not that identity theft doesn't happen--lord knows it happens all the time--and it has to be a massive pain in the ass when it does; but at what price security?
For those of us who have chosen to toil in the entertainment business, contact with the public is sort of the end goal, isn't it? I WANT to be accessible to fans and potential fans. I'm an outgoing, friendly guy in real life, and I want my Internet presence to reflect that reality. I believe in the rule of reason. I believe in being approachable, and I get enough fan letters from readers who appreciate my approachability (is that a word?).
I personally get a chuckle out of people who get all sweaty at the thought of purchasing something over the Internet, yet don't hesitate for an instant in giving it to a waiter in a restaurant. It's like people who drive a car every day, yet refuse to risk flying in an airplane. Paranoia is always very real to the one who feels it, but that doesn't mean it's rational.
If there's a bad guy who wants to take you down, there's very little you can do to stop him (just ask the Secret Service). Certainly, that picture of your kid's graduation isn't going to make the difference.
I know that little things add up, and as I said at the beginning, I probably am more security-conscious than most. But still . . .
John Gilstrap
As an IT professional I will tell you that if you've ever been out there in cyber world, in any fashion, I can find stuff out about you. If you've never been on the web, but owned a car, a house, went to school, had a drivers license, or had a bank account or I can find you and you will never suspect it. If you've never in anyway been "on the grid" and have hidden in the woods out of sight and with no record of existence other than the one or two people who have seen you in ten years...I can still find you...because you're in a small group of non-gridders. And when I do find you non-gridders I'll be pissed and grumpy because you made me walk too far with this heavy-ass rifle.ReplyDelete
That being said. Like Joe said, be careful what info you put out. Don't share too much. Don't post pics of your kids in public forums. If you are well known and known to be wealthy, don't post daily updates of where you are travelling or when you are going shopping.
You can tell the story of your travels after you've returned home safely, but don't broadcast your next destination...unless you want to do research into kidnapping and extortion first hand.
If you are a plane old ordinary citizen who thinks you have nothing to steal, think again. If you've got a decent credit score you are a target.
In other words...don't worry too much. You're most likely going to be totally safe, unless you're not.ReplyDelete
Chances of identity theft are about the same as getting hit by a car in the parking lot of your favourite grocery store. And if its your time, you're going to get hit. If they want you, they'll get you.
Sniper Saying: Don't run...you'll just die tired.
"Trivial", Brad? I think our postings are always fascinating, which must mean I'm a narcissist! [grin]ReplyDelete
John, you're right that we shouldn't get too paranoid about security. Mainly I was struck by how easy it is for trained investigators (or determined hackers, or stalkers) to ferret out personal information, even if a person has tried to remove himself from "the grid." Maybe security is on my mind these days because 1) Last year, my daughter clicked on a site that she thought was an online tax service, and it turned out to be a phishing site, 2) After my wallet was recently stolen, I had hundreds of dollars of attempted charges using my stolen ATM card and credit cards (I'm still waiting to see what havoc they can wreak with stolen license, health card, etc.), and 3) Years ago, someone was repeatedly depositing bad checks into my checking account, withdrawing $50-100 each time, gradually overdrawing my account.
I think it's a fine line and once you chose to be accessible to fans it's hard not to at least reveal some personal info. I have my own rules about photos and information but I accept that if someone really wants to find info on me they could. I've had old boyfriends email me - they didn't get anything from what I've personally put up on my website or FB or anything like that - but from information regarding me that is available re: my previous professional life as a lawyer. There's no way I could stop that being out on the internet and it predates anything I do re: my writing - so I just have to accept it. Thankfully none of the exs were stalkers:)ReplyDelete
I am sorry that my remarks may have been misinterpreted. I wasn't referring to blogs such as this one, as there is actually a lot of good information posted here. I was really referring to users of Facebook and other types of services that post entries describing rather mundane activities in their day-to-day lives.ReplyDelete
On the subject of internet security, when giving out personal or private information, such as bank account or credit card numbers, you should always be sure that the web site is using SSL (Secure Socket Layer). You can tell this if the URL starts out with "https:". If you are using Internet Explorer or Firefox, you will also see a small icon that looks like a padlock in the lower right-hand corner of the window.
If you are concerned or uncomfortable about making online purchases, make sure that you have the type of bank or CC account that allows you to look online for your recent activity. If there is any fraud going on, you can put a stop to it immediately without being held responsible for any unauthorized charges.
The trouble with paranoia is: where does it all end? As an author of crime thrillers (have I given too much away?) I'm always thinking "What if?" All my books start with that one question. But I couldn't live my real life on that basis. What if my car breaks down - on a deserted road at night, when my phone's out of charge? What if I lose my keys? What if someone steals my identity? - Never mind photos, you can see a video of me reading a short extract from my new book, Cut Short, on youtube . . . With all those questions running round in my head, I'd hardly dare leave the house if I didn't stick to thinking about fiction!ReplyDelete
Basil, you gave me an idea for a name for a new group: "Grumpy Off-Gridders," lol.ReplyDelete
Clare, I suggest changing names frequently to avoid online ex's. Doesn't always work, though!
Brad, thanks for your input, I was just yanking your chain (as I am wont to do).
Leigh, I will check out your video on YouTube, it sounds interesting.


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Eco-friendly Montreal hotel in Downtown Montreal, walk to Notre Dame Basilica
Located in Downtown Montreal, this eco-friendly hotel is within a 15-minute walk of Montreal Convention Centre, Notre Dame Basilica, and Christ Church Cathedral. Bell Centre and Bonsecours Market are also within 1 mi (2 km).
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Along with a fitness center, this smoke-free hotel has self parking and meeting rooms. Free buffet breakfast and free WiFi in public areas are also provided. Additionally, dry cleaning, laundry facilities, and a 24-hour front desk are onsite.
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All 72 rooms provide free WiFi and free wired Internet, flat-screen TVs with cable channels, and conveniences like refrigerators and coffee makers. IPod docks, DVD players, and free newspapers are among the other amenities available to guests.Information missing or incorrect? Tell us!
Hotel Le Dauphin Montreal Downtown
Hotel Amenities
A complimentary breakfast is offered. A computer station is located on site and high-speed wireless Internet access is complimentary. This eco-friendly hotel also offers a fitness center, multilingual staff, and complimentary newspapers in the lobby. Onsite parking is available (surcharge).
Hotel Le Dauphin Montreal Downtown is a smoke-free property.
- 24-hour front desk
- Number of floors - 10
- Free breakfast
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- Dry cleaning/laundry service
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- Meeting rooms
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- Total number of rooms - 72
- Luggage storage
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Available in all rooms: Free Wi-Fi , Free wired high-speed Internet
Available in some public areas: Free Wi-Fi
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- Air conditioning
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Guests are offered a complimentary buffet breakfast.
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- Accessible bathroom
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Check-in time starts at 3 PM
Check-out time is noon
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You need to know
Extra-person charges may apply and vary depending on hotel policy.
Government-issued photo identification and a credit card are required at check-in for incidental charges.
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Only service dogs are allowed
No rollaway/extra beds available
- Self parking fee: CAD 24 per night


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You limited your search to:
Partner: UNT College of Visual Arts + Design
Decade: 1980-1989
Year: 1983
Collection: Texas Fashion Collection
Date: 1983/2011
Creator: Weitzman, Stuart
Description: Pair of pumps of silver satin. Square toe shoes, with 1 3/4" high square Cuban or modified Louis heel. Donor wore these shoes with an ensemble by Michael Faircloth (TFC 2011.026.002) Designer's label inside each shoe: "Stuart Weitzman" Marked inside of each shoe on side: "S249146 9 B" Stamped on each sole: "Leather / Sole / Stuart Weitzman / Made in Spain".
Contributing Partner: UNT College of Visual Arts + Design
Date: 1983~
Creator: Bruno Magli
Description: Pair of shoes of gold leather. Designed with slightly pointed toes, the shoes are modified D'Orsay pumps, with open toe formed by crossed-over wide straps at vamp, and with cut-away sides on the outside of shoe. High stiletto heels covered with same leather, tapering to base. Lined in silver leather. Designer's label stamped inside: "Bruno Magli / Bologna * Made in Italy" Stamped on sole: "7 / Vero / Cuoio"
Contributing Partner: UNT College of Visual Arts + Design


text: Strict Standards: Redefining already defined constructor for class XML_Parser in /home/sites/www.americanpoems.com/web/store/aom/includes/os.php on line 1188 Strict Standards: Declaration of XML_Parser::raiseError() should be compatible with PEAR::raiseError($message = NULL, $code = NULL, $mode = NULL, $options = NULL, $userinfo = NULL, $error_class = NULL, $skipmsg = false) in /home/sites/www.americanpoems.com/web/store/aom/includes/os.php on line 1604 Strict Standards: Declaration of XML_Unserializer::startHandler() should be compatible with XML_Parser::startHandler($xp, $elem, &$attribs) in /home/sites/www.americanpoems.com/web/store/aom/includes/os.php on line 3503 Strict Standards: Declaration of Cache_Lite_File::get() should be compatible with Cache_Lite::get($id, $group = 'default', $doNotTestCacheValidity = false) in /home/sites/www.americanpoems.com/web/store/aom/includes/cache.php on line 1020 American Poems: Office Products: Intertape Polymer Group ZEB30 1.88-Inch by 10-Yard Fire Fly Zebra Glow in the Dark Duct Tape Home Apparel Appliances Books DVD Electronics Home & Garden Kindle eBooks Magazines Music Outdoor Living Software Tools & Hardware PC & Video Games Search All Products Apparel Appliances Arts & Crafts Automotive Baby Beauty Books Computers DVD Electronics Gourmet Food Grocery Health Home & Garden Industrial & Science Jewelry Kindle eBooks Kitchen Magazines Miscellaneous Mobile Apps MP3 Downloads Music Musical Instruments Office Products Outdoor Living Pet Supplies Photo & Camera Shoes Software Sporting Goods Tools & Hardware Toys VHS Video On Demand PC & Video Games Watches Wireless Wireless Accessories Advanced Search Sitemap View Cart Checkout Location: Home » Office Products » Intertape Polymer Group ZEB30 1.88-Inch by 10-Yard Fire Fly Zebra Glow in the Dark Duct Tape Intertape Polymer Group ZEB30 1.88-Inch by 10-Yard Fire Fly Zebra Glow in the Dark Duct Tape enlarge Brand:Intertape Polymer Group Category:Home Improvement List Price: $4.34 Buy New: $1.99 as of 12/29/2014 01:13 EST details You Save: $2.35 (54%) In Stock New (9) from $1.99 Seller:Marie-Alexzanders Sales Rank:7,527 Media:Tools & Home Improvement Number Of Items:1 Shipping Weight (lbs):0.3 Dimensions (in):3.5 x 3.5 x 1.9 MPN:ZEB30 Model:ZEB30 UPC:077922994359 EAN:0077922994359 ASIN:B007TUG2NS Availability:Usually ships in 1-2 business days Features: Glow in the dark duct tape Has excellent resistance to UV light Can be used outdoors Pigments absorb and store energy from normal and ambient light Use for labels, decals, novelties, sporting goods, trims, special effects and hobbies Similar Items: Duck Brand Prism Crafting Tape, 1.88-Inch x 5-Yard Roll, Small Stars (281623) Plaid Blue Duct Tape 1.88" x 10 yds 1 roll Duck Brand Glitter Crafting Tape, 1.88-Inch x 5-Yard Roll, Silver (282492) Mini Duck Tape .75" Wide 15 Feet Roll-Rainbow Duck Brand 281026 Mustaches Printed Duct Tape, 1.88 Inches x 10 Yards, Single Roll Editorial Reviews: SynopsisThe photo luminescent pigments absorb and store energy from natural ambient light that makes the tape glow in total darkness after exposure to artificial or natural light. Great novelty tape usage for labels, decals, sporting goods, trim and special effects. Product has excellent resistance to UV light and does not show significant degradation when used outdoors. CERTAIN CONTENT THAT APPEARS ON THIS SITE COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME. Brought to you by American Poems Categories •Apparel •Appliances •Arts & Crafts •Automotive •Baby •Beauty •Books •Computers •DVD •Electronics •Gourmet Food •Grocery •Health •Home & Garden •Industrial & Science •Jewelry •Kindle eBooks •Kitchen •Magazines •Miscellaneous •Mobile Apps •MP3 Downloads •Music •Musical Instruments •Office Products •Outdoor Living •Pet Supplies •Photo & Camera •Shoes •Software •Sporting Goods •Tools & Hardware •Toys •VHS •Video On Demand •PC & Video Games •Watches •Wireless •Wireless Accessories Subcategories Accessories •Chalk •Equipment Bags •Hand Grips •Parachutes Sports •Baseball & Softball •Basketball •Boxing •Football •Golf •Gymnastics •Hockey •Snow Sports •Soccer •Tennis •Toy Sports •Volleyball Related Categories •Accessories Gymnastics Other Sports Categories Sports & Outdoors •Duct Tape Adhesive Tapes Tapes, Adhesives & Sealants Categories Industrial & Scientific •Sports Sports & Outdoor Play Categories Toys & Games


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by Molly
(McLean, VA)
I just survived the combo EMG/Nerve Conduction test, and it was both worse than I thought it would be and not as bad as I feared. Let me explain. I have had the classic carpal tunnel symptoms of numbness and tingling in both hands, with a bonus of very painful tendonitis in my left, dominant hand.
A cortisone shot helped the tendonitis for a few months but the pain came back after I lifted my grandchild's 16 pounds for a week (I'm 59 years old).
Hounded by my sister who had successful carpal tunnel surgery in both hands, I decided I needed the emg/nc test to see what's going on with my hands. The nerve conduction test was done with electrodes, no needles, so there wasn't sharp pain. Just a really creepy electrical pulse running through your hand. Over and over and over again. I think it went on for about 15 minutes per hand. It's like hitting your funny bone over and over again. And it didnt hurt any more on the left, sensitive hand than the right. So far so good.
Then the doctor came in with the needles for the EMG test. Now that was painful and messy. Needles stuck into my muscles about 4 or 5 times in each arm, and then you flex your muscles. Hurts more in the hands than in the upper arm. Left me with blood spots and big bruises up and down my arms.
But let me say this - it wasn't as bad as a trip to the dentist for some procedure. Actually, after I left the office, it occurred to me that I felt like I'd been with amateur, jovial torturers. Just some light pain and creepy sensations. And I felt like a pin cushion for about 24 hours. And in case you're wondering, the doctor confirmed carpal tunnel in both hands, with my left hand having "one of the worst cases" he'd ever seen.
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(CARLSBAD, CA) – Perhaps you've heard the saying, "You are what you eat." Guess what? It's actually true! Countless studies over the past decade show that food not only affects your energy level and physique, but it actually impacts your risk factor for a myriad of health maladies. Some of the most recent health studies indicate that certain nutritional powerhouses can even minimize your risk for various forms of cancer.
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Jazzercise Founder and CEO Judi Sheppard Missett combines solid nutrition with her dynamite workout regimen to stay healthy and ward-off disease. Here are a few cancer-fighting foods that Missett recommends to keep your immune system in tip-top shape.
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|Name: _________________________
|Period: ___________________
This quiz consists of 5 multiple choice and 5 short answer questions through Act 2, Scene 2.
Multiple Choice Questions
1. What is Weller's reaction of gin being called in the final hand in the play?
(a) He flips over the table.
(b) He dances like a mad man in the rain.
(c) He strikes out at Fonsia's chair with his cane.
(d) He throws the deck of cards at Fonsia.
2. What one subject does Mrs. Leala want to discuss?
(a) Only her funeral arrangements.
(b) Only her son William.
(c) Her plans for going to the Presbyterian Home.
(d) Only food.
3. How old is Fonsia's youngest grandchild?
(a) 8.
(b) 18.
(c) 16.
(d) 12.
4. What does Weller think drives the management of the Home to provide entertainment?
(a) That without entertainment the tenants would 'turn them in for their cooking.'
(b) That without entertainment the tenants would 'revolt.'
(c) That without entertainment the tenants would 'find some other dive to die in.'
(d) That without entertainment the tenants would 'drop dead... en masse.'
5. Who are the Sunshine Ladies?
(a) A gospel group.
(b) The nurses who hand out medication.
(c) A group that visits the Home.
(d) The ladies who prepare meals at the Home.
Short Answer Questions
1. What is the Extended Family?
2. According to Fonsia in Act 2, Scene 1, if Weller could see himself, he would what?
3. How large are the rooms at the home, according to Fonsia?
4. What action does Weller take to try to mollify Fonsia as she is crying on the porch?
5. How many points does Weller post in the first game in Act 1, Scene 2?
This section contains 330 words
(approx. 2 pages at 300 words per page)


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Infusionsoft's Chief Technology Officer Marc Chesley Named IT Leader Of The Year
CHANDLER, Ariz., Feb. 14, 2013 /PRNewswire/ -- Infusionsoft, creator of the all-in-one sales and marketing software for small businesses, announced today that Marc Chesley has been named 2013 IT Leader of the Year by the Arizona Society for Information Management (SIM). Chesley has won the award for driving innovation and execution excellence, including company, community and staff development, through information technology. The SIM AZ chapter is the premier local network for IT thought leaders who share experiences and apply rich intellectual capital, while also exploring the future of IT.
"I'm honored to receive such a prestigious award from an organization that is led by the state's most innovative IT leaders," said Chesley. "There are a lot of other IT professionals who also deserve recognition for their leadership and innovation in the Arizona tech community. I'm proud to be part of a growing hub for IT."
Chesley is a cloud computing and agile development leader, a certified SCRUM master and SCRUM product owner. Chesley is helping propel the company to the billion-dollar mark, making Infusionsoft one of the most successful technology companies in Arizona's history.
"Marc was an obvious choice for the inaugural IT Leader of the Year Award," said Deborah DeCorrevont, president of the Arizona Chapter of SIM. "His leadership of Infusionsoft's engineering, systems administration and deliverability teams has helped the company innovate at a very high level. Infusionsoft customers are the beneficiaries of software that is expertly developed and actually does what the company says it will. Marc exemplifies the leadership qualities we encourage for all of our members."Marc will be presented with the IT Leader of the Year Award on March 20, 2013 at Infusionsoft's corporate headquarters located at 1260 S. Spectrum Blvd. in Chandler. The media is invited to the official awards ceremony and dinner from 5:30 pm to 7:30 pm. About InfusionsoftInfusionsoft provides an all-in-one sales and marketing software for small businesses. Its web-based system helps small businesses automatically market to get more customers, grow sales and save time. The privately held, six-time Inc. 500/5000 company is based in Chandler, Ariz. and is funded by Goldman Sachs, Mohr Davidow Ventures and Signal Peak Ventures. For more information, visit www.infusionsoft.com. About the Society for Information Management Established in 1968, the Society for Information Management (SIM) is the premier network for IT leaders comprised of more than 3,600 members including CIOs, senior IT executives, prominent academicians, consultants, and other IT leaders. SIM is a community of thought leaders who share experiences and apply rich intellectual capital, and who explore future IT direction. Through its 31 chapters, SIM provides resources and programs inspired by IT leaders for IT leaders that enable CIOs to further develop the leadership capabilities of themselves and the key and emerging leaders in their organizations. SIM provides the collective voice to advocate policy and legislation on behalf of the IT profession across industries. SOURCE Infusionsoft
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Anybody been recently? Tips? How are the deals? Any favourite stores?
Apr 24th, 2012 08:24 PM #1
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- Mar 5th, 2009
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Niagara Falls Outlet Stores
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Apr 25th, 2012 01:52 PM #2
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- Aug 15th, 2007
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I haven't been in quite awhile but my gf goes to the coach outlet when we go to the falls, she'll usually think she's saving a ton of money but forgets she's still spending a lot. At the same time the prices are good but it depends what your looking for. Id like to check the sony outlet there but I doubt the prices are that much better if at allReply With Quote LOG IN TO THANK No one has yet thanked XtremeModder for this post.
Apr 25th, 2012 02:19 PM #3
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If you have a CAA card you can get the outlet 'green card' that saves you a bit but not much. Sometimes the website will list the outlets in-store specials. You can also look for specific coupons for stores before you go.
My biggest tip is don't go on a Saturday! It will be FULL that day but empty most Sundays & Monday-Thursday.
The deals are hit & miss, you never know what you will find really. I can go through that mall in less than 2 hours now. Skechers, Coach, Polo, Oakley, Fossil, Reebok... DONE!
The *real* deals are at department stores, JC Penny, Macy's, etc.Reply With Quote LOG IN TO THANK No one has yet thanked catwalk for this post.
Apr 25th, 2012 08:19 PM #4
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- Jan 10th, 2008
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The right answer depends on if you mean Niagara Falls, Ontario or New York. I've been to both numerous times. As far as I'm concerned, don't waste your time with the Ontario outlet Stores. The prices are no better than what you can get locally. The outlet Stores in NY are true outlet Stores with outlet store prices. They're only 10 minutes across the border.Reply With Quote LOG IN TO THANK No one has yet thanked trickyrick for this post.
Apr 25th, 2012 08:37 PM #5
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- Aug 16th, 2003
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So the ECCO Outlet Store on Lundy Lane isn't worth it? Still $180-$250 for a pair?
Apr 25th, 2012 09:28 PM #6
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Apr 25th, 2012 09:56 PM #7
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Can't say much about the stores, but here are some general tips:
When crossing, don't go through Lewiston. It may be the most direct way, but it's also the way everyone else goes. Go Rainbow instead.
Take advantage of cheap deals online that ship only to the US or shipping to Canada is horrendous. Ship it the CBI USA. I think it's $6 per package and it's really close to Rainbow Bridge.
The Fashion Outlet Mall tends to get very busy on Saturdays. You may struggle for parking... there is parking in back too... those might be full too, but there won't be as many cars lurking for a spot. Long weekends get especially busy.
Don't forget to check out Target, Walmart and other places. Grocery items are usually exempt, but be careful with some items as they are not allowed to be imported. Also they got great deals too on other items.
Make sure you fill up on cheap gas in NY before heading back.
And finally, if you are going for the day, remember that the amount you can bring in duty free is zero! More than 24 hours is $50. More than 48 hours is $400 and more than 7 days is $750. That means prepare to pay taxes and duty. It's best to plan out everything too. How much you'll spend on gas, food, etc so you get a sense whether what you buy really is cheaper in the US.
BTW I'm going this weekend!Reply With Quote LOG IN TO THANK No one has yet thanked joeyjoejoe for this post.
Apr 25th, 2012 11:14 PM #8
- Join Date
- Aug 16th, 2003
- Posts
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Things will change starting June 1.
0-24 hours = same
24-48 hours = $400
48+ hours = $750


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One of the world's most exciting modern drummers appears exclusively at Ronnie Scott's for 1 night only. LINE UP CONFIRMED: Chris Dave – drums, Braylon Lacy – bass, James Francies – Hammond organ/Keys, Marcus Strickland - Sax "Chris Dave is... find out more Tap to see more
Doors 6.30pm, £7 on the door Samba de Roda ('dance circle') is the inspiration behind this monthly Rio de Janeiro type get-together. Think of the evening as a musical conversation between singers, guitarists and percussionists performing away from the... find out more Tap to see more
Gary Williams - vocals, Matt Regan - piano, Joe Pettitt - bass, James O'Caroll - drums Michael Bublé isn't the only person keeping the Sinatra Flame alive" so said the London Times of Gary Williams, star of the West End's "Rat Pack" and... find out more Tap to see more