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Arista Records LLC et al v. Lime Wire LLC et al
Filing 235
MEMORANDUM OF LAW in Support re: 234 MOTION for Permanent Injunction.. Document filed by Capitol Records, Inc., Elektra Entertainment Group, Inc., Interscope Records, Laface Records LLC, Motown Record Company, L.P., Arista Records LLC, Priority Records LLC, Sony BMG Music Entertainment, UMG Recordings, Inc., Virgin Records America, Inc., Warner Bros. Records Inc., Atlantic Recording Corporation, BMG Music. (Attachments: # 1 Exhibit A)(Klaus, Kelly)
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARISTA RECORDS LLC; ATLANTIC RECORDING CORPORATION; BMG MUSIC; CAPITOL RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; INTERSCOPE RECORDS; LAFACE RECORDS LLC; MOTOWN RECORD COMPANY, L.P.; PRIORITY RECORDS LLC; SONY BMG MUSIC ENTERTAINMENT; UMG RECORDINGS, INC.; VIRGIN RECORDS AMERICA, INC.; and WARNER BROS. RECORDS INC., Plaintiffs, v. LIME WIRE LLC; LIME GROUP LLC; MARK GORTON; GREG BILDSON; and M.J.G. LIME WIRE FAMILY LIMITED PARTNERSHIP, Defendants. 06 Civ. 05936 (KMW) ECF CASE MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION Glenn D. Pomerantz Kelly M. Klaus Jonathan H. Blavin Munger, Tolles & Olson, LLP 355 South Grand Avenue Los Angeles, CA 90071 (213) 683-9100 Attorneys for Plaintiffs June 4, 2010 10798896.4 TABLE OF CONTENTS I. II. III. A. 1. INTRODUCTION............................................................................................................... 1 FACTUAL BACKGROUND ............................................................................................. 4 ARGUMENT ...................................................................................................................... 8 An Injunction Must Issue To Mitigate The Continued Irreparable Harm To Plaintiffs ..... 8 Plaintiffs Have Suffered Irreparable Harm And Will Continue To Do So Absent An Injunction ...................................................................................................................... 9 Plaintiffs Have No Adequate Remedy at Law ............................................................ 13 The Balance Of The Equities Weighs Decisively In Plaintiffs' Favor ....................... 13 An Injunction Is Necessary To Serve The Public Interest .......................................... 14 Plaintiffs' Proposed Injunction Is Necessary And Appropriate ........................................ 14 1. Plaintiffs' Proposed Injunction Orders Lime Wire To Take All Technologically Feasible Steps To Curtail Infringement ...................................................................... 14 The Burden Of Operating Lime Wire In Compliance With The Law Should Fall On Lime Wire -- Not On Plaintiffs Or This Court............................................................ 18 CONCLUSION ................................................................................................................. 21 2. 3. 4. B. 2. IV. -i10798896.4 TABLE OF AUTHORITIES CASES A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)......................................................................................... 8, 13, 14 Aimster Copyright Litigation, 334 F.3d 643 (7th Cir. 2003)................................................................................................. 2, 10 Arista Records LLC v. Usenet.com, Inc., No. 07-CV-8822 (HB) (Doc. No. 284) (S.D.N.Y. Oct. 8, 2009)............................................ 1, 8 Bigelow v. RKO Radio Pictures, 327 U.S. 251 (1946) .................................................................................................................. 18 Branch v. Ogilvy & Mather, Inc., 772 F. Supp. 1359 (S.D.N.Y. 1991).......................................................................................... 10 Cadence Design Systems, Inc. v. Avant! Corp., 125 F.3d 824 (9th Cir. 1997)..................................................................................................... 14 Columbia Pictures Indus., Inc. v. Fung, No. CV 06-5578 SVW (JCx) (Doc. No. 426) (C.D. Cal. May 20, 2010)................... 1, 8, 12, 21 eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006) .................................................................................................................... 9 Faiveley Transp. Malmo AB v. Wabtec Corp., 559 F.3d 110 (2d Cir. 2009)........................................................................................................ 9 Forest City Daly Hous., Inc. v. Town of N. Hempstead, 175 F.3d 144 (2d Cir. 1999).................................................................................................. 9, 12 Johnson & Johnson-Merck Consumer Pharmaceuticals Co. v. Procter & Gamble Co., 285 F. Supp. 2d 389 (S.D.N.Y. 2003)................................................................................... 3, 17 Metro-Goldwyn-Mayer Studios, Inc., v. Grokster, Ltd., 518 F. Supp. 2d 1197 (C.D. Cal. 2007).............................................................................. passim Napster, Inc. Copyright Litigation, No. C 04-2121 MHP, 2006 U.S. Dist. Lexis 30338 (N.D. Cal. May 17, 2006) ....................... 20 Northwestern Nat'l Ins. Co. of Milwaukee, Wisconsin v. Alberts, 937 F.2d 77 (2d Cir. 1991).......................................................................................................... 2 Salinger v. Colting, ____ F.3d. _____, No. 09-2878-cv, 2010 WL 1729126, at *12 (2d Cir. Apr. 30, 2010) .. passim Tuccillo v. Geisha NYC, LLC, 635 F. Supp. 2d 227 (E.D.N.Y. 2009)................................................................................. 14, 17 Twentieth Century Fox Film Corp. v. Streeter, 438 F. Supp. 2d 1065 (D. Ariz. 2006)....................................................................................... 12 - ii 10798896.4 UMG Recordings, Inc. v. Blake, No. 06-CV-00120BR, 2007 WL 1853956, at *3 (E.D.N.C. June 26, 2007) ............................ 12 UMG Recordings, Inc. v. MP3.Com, Inc., No. 00 CIV. 472(JSR), 2000 WL 1262568 (S.D.N.Y. Sept. 6, 2000) ...................................... 11 STATUTES 17 U.S.C. � 106 ............................................................................................................................. 12 17 U.S.C. � 504(a)(2)-(c) .............................................................................................................. 10 17 U.S.C. � 504(c)........................................................................................................................... 2 - iii 10798896.4 I. INTRODUCTION The Court has held defendants Lime Group LLC, Lime Wire LLC, and Mark Gorton ("Lime Wire") liable for inducing the infringement of Plaintiffs' copyrighted works on a "massive scale." (May 25, 2010 Amended Opinion & Order (Doc. No. 223) at 33 ("Order").) Notwithstanding this Court's Order, Lime Wire does not appear to have done anything to change its illegal ways. Every recording on the "Billboard Top 40" chart of most popular Pop recordings today is available through the LimeWire software, as is every song on the current Top 40 Country, Top 40 Rock and Top 40 Latin Pop charts. The Top 40 songs from 2008 and 2009 remain freely available for downloading. (See Declaration of Jillian Song ("Song Decl.") �� 56.) The 30 popular "Recordings" addressed in the 2008 summary judgment motions and the Court' Order are still being uploaded and downloaded today through LimeWire, id., as are countless numbers of other protected recordings owned by Plaintiffs. (Id. at � 4.) It is patently obvious that the rampant illegal conduct that Lime Wire intentionally induced, and for which it has been adjudged liable, will continue uninterrupted day after day unless and until the Court issues an injunction to rein in this massive infringing operation. In every case in which a perpetrator of massive online infringement has been held liable on summary judgment, the courts have promptly issued an injunction to try to stop the continued harm to the Plaintiffs. The courts did so in the Grokster case (following the Supreme Court's unanimous opinion), in the Usenet.com case, and, just a few weeks ago, in the Fung case (decided by the same District Judge in the Grokster case).1 This Court likewise should issue an injunction against Lime Wire. Plaintiffs' success on the merits has been conclusively established. And, as summarized below, every one of the equitable factors the Second Circuit 1 Metro-Goldwyn-Mayer Studios, Inc., v. Grokster, Ltd., 518 F. Supp. 2d 1197, 1241 (C.D. Cal. 2007) ("Grokster Remand"); Arista Records LLC v. Usenet.com, Inc., No. 07-CV-8822 (HB) (Doc. No. 284) (S.D.N.Y. Oct. 8, 2009) (Declaration of Kelly Klaus ("Klaus Decl."), Ex. 1); Columbia Pictures Indus., Inc. v. Fung, No. CV 06-5578 SVW (JCx) (Doc. No. 426) (C.D. Cal. May 20, 2010) (Klaus Decl., Ex. 2). -110798896.4 says this Court must consider in granting injunctive relief weighs decisively in favor of a permanent injunction: An injunction is required to prevent continued irreparable harm to Plaintiffs: Every day that Lime Wire's conduct continues unabated guarantees harm to Plaintiffs that money damages cannot and will not compensate. The scope of the infringements that Lime Wire induced � and that continue to this day � boggles the mind. Lime Wire's illicit plan to induce infringements on a massive scale succeeded exactly as Lime Wire intended. As the Court found, Lime Wire's users "employ [the software] to commit a substantial amount of infringement." (Order at 31-33.) More than 200 million copies of Lime Wire's software (the "LimeWire Client") have been downloaded to date, and Lime Wire users generate billions of searches and downloads every month. Lime Wire's liability for this mass illegality easily will outstrip any assets that conceivably could be available from these Defendants to pay a final judgment. Courts repeatedly have recognized that the continuation of infringing conduct that cannot and will not be fully compensated in money damages constitutes irreparable harm. In re Aimster Copyright Litigation, 334 F.3d 643, 655 (7th Cir. 2003); Grokster Remand, 518 F. Supp. 2d at 1219. Further evidence of irreparable harm stems from the fact that the infringement that Lime Wire has induced itself spawns exponential amounts of further copying and distribution of infringing music files ad infinitum. This, too, establishes irreparable harm that the Court can remedy only with an injunction, see Grokster Remand, 518 F. Supp. 2d at 1217, and undermines the legitimate market for the authorized distribution of recorded music. Plaintiffs' legal remedies are manifestly inadequate: Plaintiffs have no adequate remedy at law for Lime Wire's inducement for the same reasons they have suffered irreparable harm. See Northwestern Nat'l Ins. Co. of Milwaukee, Wisconsin v. Alberts, 937 F.2d 77, 80 (2d Cir. 1991) (noting "overlap[]" between showing of irreparable harm and adequacy of remedy at law.). The evidence of Lime Wire's illicit intent that justified entry of summary judgment also overwhelmingly demonstrates that Lime Wire acted willfully, which increases the upper ceiling of the statutory damage range to $150,000 per work per infringer. 17 U.S.C. � 504(c). Lime -210798896.4 Wire's liability undoubtedly will run into the hundreds of millions or even billions of dollars. Recognizing this exposure, Lime Wire started funneling its assets to Mark Gorton's "family partnerships" within mere days of the Supreme Court's Grokster decision, and the Court has cited evidence that Gorton directed these transfers to shield Lime Wire's assets from a money judgment. Whatever dollars remain after trial will not come close to satisfying the legal judgment Lime Wire will owe. An injunction must issue. The balance of equities is not even close: Plaintiffs have suffered and will continue to suffer massive, irreparable harm absent an injunction. Lime Wire cannot be heard to complain of any hardship, since it built its business on illegal conduct and knowingly assumed the risk that a Court one day would issue an injunction. See Johnson & Johnson-Merck Consumer Pharmaceuticals Co. v. Procter & Gamble Co., 285 F. Supp. 2d 389, 394 (S.D.N.Y. 2003) (finding no hardship from injunction against company forced to stop conduct it "should not have engaged in to begin with."). The public interest demands a halt to Lime Wire's illegal conduct: Requiring a brazen infringer, such as Lime Wire, to conform its conduct to the law unquestionably serves the public interest. Salinger v. Colting, ____ F.3d. _____, No. 09-2878-cv, 2010 WL 1729126, at *12 (2d Cir. Apr. 30, 2010). In sum, the equitable factors demand an injunction to ameliorate the continuing harm from Lime Wire's inducement of the infringement of Plaintiffs' works. That injunction must have three equally indispensable parts. First, Lime Wire must immediately halt the distribution of and support for the Lime Wire Client. Second, Lime Wire must take immediate action to prevent the continued mass infringement of Plaintiffs' works through the millions upon millions of legacy Lime Wire Clients that Lime Wire has previously distributed. Third, Lime Wire must promptly report to the Court on the effectiveness of its implemented measures. Plaintiffs are submitting a Proposed Injunction (attached as Exhibit A) that incorporates each of these crucial elements. -310798896.4 II. FACTUAL BACKGROUND In a world in which numerous unscrupulous actors have sought to build illegal business models on the backs of copyright holders, Lime Wire stands out for its sheer brazenness. Not only did Lime Wire induce infringement on a massive scale, but it continued to do so even after its ignominious predecessors had been shuttered by the federal courts, after the Supreme Court unanimously made clear that business models like Lime Wire's are infringing, and even for weeks after this Court's Order adjudicating it to be liable. Lime Wire has made clear for years its contempt for the rights of copyright holders and its unwillingness to operate in accordance with the law. The record of Lime Wire's infringing operations � which continue to this day � cries out for the Court's injunctive authority to require Lime Wire to act lawfully. Lime Wire's founder launched the business after Napster was enjoined, with his eyes wide open as to the rampant copyright infringement on which his business would depend. (See Plaintiffs' Statement of Undisputed Material Facts Pursuant to Local Civil Rule 56.1, dated July 18, 2008 ("SUF") �� 44, 144.)2 According to Gorton's sworn testimony in this case: "Since founding LimeWire, I have been aware that my dreams . . . have been thoroughly mixed with copyright infringement." (Declaration of Mark Gorton in Support of Opposition to Pl's Mot. for Summ. J. ("Gorton Decl.") � 30 (Doc. No. 146) (entered September 16, 2008).) That did not stop Gorton from developing LimeWire into a device for infringement on an enormous scale. Indeed, Lime Wire built Lime Wire's tremendous user base from confirmed infringers lured away from shuttered services like Napster, Morpheus and Kazaa. (See Order at 33-34.) By June of 2005, Lime Wire had declared itself the "industry standard" in peer-to-peer file-sharing, a "global phenomenon" to which Lime Wire attributed billions of song downloads every month. (SUF � 90.) Shortly before the Supreme Court decided Grokster, Gorton publicly acknowledged that the Court's decision would decide Lime Wire's fate. Gorton wrote, "If the Supreme Court says it is illegal to produce this software, Lime Wire the company will cease to 2 So as not to burden the Court by submitting duplicate sets of voluminous evidence, Plaintiffs cite to the evidence submitted in support of the parties' motions for summary judgment where possible. If the Court prefers, Plaintiffs can submit the cited evidence again upon request. -410798896.4 exist." (Klaus Decl., Ex. 4 (Pl's Ex. 625) (emphasis added); see also Saul Hansell and Jeff Leeds, "A Supreme Court Showdown for File Sharing," N.Y. Times, March 28, 2005 (publicly quoting Gorton).) The day the Supreme Court decision came down, Gorton and his closest family members recognized the Grokster decision spelled doom for Lime Wire's operation. (See id. at Ex. 5 (Pl's Ex. 640) (email from Gorton's parents on day Supreme Court decided Grokster).) The very next day, Gorton told the New York Times that he would likely stop distributing LimeWire in reaction to the ruling: "Some people are saying that as long as I don't actively induce infringement, I'm OK. . . . I don't think it will work out that way." (Id. at Ex. 6 [6/28/05 NY Times Article "Sharing Cultures Likely to Pause but Not Wither"].) In short, Gorton saw the Grokster's writing on the wall in June 2005. He knew then that, under the rule of law, Lime Wire and the massive infringing conduct it intentionally induced would "cease to exist." It is now 2010. And, as everyone knows, Lime Wire did not "cease to exist." On the contrary, Gorton and Lime Wire doubled down, and decided their illegal business would grow even further while other illegal peer-to-peer services stopped their illicit ways. The results of Lime Wire's unlawful conduct have been staggering. Two years ago, when the summary judgment motions were filed, Lime Wire boasted that four million unique users accessed the LimeWire Client every day (SUF � 96); at that time, end-users had downloaded the LimeWire Client just from one website (download.com) more than 152 million times. (Id. at � 95.) In the nearly two years since the parties filed their motions, Lime Wire has continued to be a tool of choice for rampant infringement of Plaintiffs' works. According to the website download.com, since July 2008, users downloaded the LimeWire Client more than 50 million times, bringing the total downloads of the Client from just that one website � i.e., exclusive of downloads from Lime Wire's own website � to more than 200 million. (Klaus Decl., Ex. 7 (total downloads of Lime Wire from website download.com).) Not only did Lime Wire continue to exist, it mushroomed exponentially into the largest peer-to-peer file-sharing facilitator on the block, at the top of the illegitimate heap. -510798896.4 On May 11, when this Court filed its Summary Judgment Order, the Court held what Lime Wire and everyone else has known is undeniable for more than five years: that Lime Wire "intentionally encouraged" the "massive scale" copyright infringement committed by its "enormous user base." (Order, as amended, at 29, 33, 36.) Lime Wire's main product --the LimeWire Client software--is used "overwhelmingly for infringement." (Id. at 31.) Indeed, without infringement, Lime Wire would have no business at all. The Court recognized that Lime Wire's very existence depends on the "massive user population generated by" the LimeWire Client's "infringement-enabling features." (Id. at 37.) The Court recognized that throughout Lime Wire's history, it had acted with full knowledge of its users' illegal conduct: Lime Wire marketed the LimeWire Client to Napster users � known copyright infringers � and promoted the LimeWire Client's infringing capabilities. (Id. at 33-35.) Lime Wire "actively assisted infringing users" in their infringement efforts. (Id. at 36.) Lime Wire tested the infringing capabilities of the LimeWire Client by searching for copyrighted material. (Id. at 35.) Lime Wire considered � and rejected � technological barriers and design choices aimed at diminishing infringement. (Id. at 38.) The Court further acknowledged that Lime Wire has known for years about the undeniably "massive scale" of Lime Wire's induced infringement. (Id. at 33.) "[N]early all of the files shared and downloaded by LimeWire users are copyrighted, and not authorized for free distribution through LimeWire." (Order at 31-32; see also SUF � 108 (vast majority of files available for download (estimated at 92.7%) not authorized for free distribution on peer-to-peer networks).) Plaintiffs' evidence at summary judgment further showed that 98.8% of all download requests among Lime Wire's enormous user base are for unauthorized files, and many of those files contain one of Plaintiffs' protected works. (SUF �� 109-110.) -610798896.4 In the weeks since this Court's Order, what has Lime Wire done to try to halt or limit the infringement it has induced? The answer, from all appearances, is nothing. The LimeWire Client not only continues to be downloaded, but also continues to be used for the widespread infringements that Lime Wire intended to induce. This Court determined Lime Wire's liability based on 30 Recordings, as Judge Lynch had directed. (See Order at 5 n.7.) The LimeWire Client still permits the download of every single one of those 30 Recordings. (Song Decl. � 4.) Indeed, the LimeWire Client facilitates the download of every recording currently on Billboard Magazine's chart of "Top 40" Pop hits. Not only that, the LimeWire Client freely accesses Billboard's Top 40 for 2008 and 2009, as well as the current Top 40 Country hits, Top 40 Rock hits and the Top 40 Latin Pop songs. (Song Decl. �� 5-6.) Obviously, every time Plaintiffs release a new copyrighted recording, Lime Wire users feed it into the infringing Lime Wire system. There, it joins Plaintiffs' existing catalogues in a loop of unauthorized reproduction and distribution without end. Lime Wire intended to create precisely that system, and it succeeded in doing so. Rather than addressing the harm it has caused, Lime Wire and its executives instead have been busily channeling their energy into a public relations offensive, apparently designed to score points in the court of public opinion. Lime Wire's initial press release following the Order proclaimed that the company "strongly opposes the Court's recent decision." (Klaus Decl., Ex. 8.) Lime Wire's current CEO, George Searle, recently gave an interview purporting to claim that "Lime Wire does not know" that the LimeWire Client is used overwhelmingly for infringement; Searle also continued the campaign of blaming a rogue intern for incriminating evidence. (Id. at Ex. 9.) Gorton, meanwhile, has been giving interviews saying, "[p]erhaps I was na�ve" about the litigation, that the Plaintiffs should look at his company as a kind of "Woodstock," and that "I have a lot of work to do to get my karma scores up." (Id. at Ex. 10.) Lime Wire's campaign of infringement must stop. But without this Court's intervention, nothing will change. Plaintiffs seek this Court's prompt intervention to give Plaintiffs the equitable relief to which they are clearly entitled. -710798896.4 III. ARGUMENT A. An Injunction Must Issue To Mitigate The Continued Irreparable Harm To Plaintiffs Plaintiffs' entitlement to immediate injunctive relief to curtail the mass infringement that Lime Wire intentionally induced is clear. Indeed, courts in analogous circumstances have repeatedly recognized that equity demands an injunction. In case after case where courts have found defendants liable on summary judgment for inducing infringement, the courts unsurprisingly have granted the plaintiff copyright owners a permanent injunction, notwithstanding that further litigation (including on the issue of damages) remains in the District Court. For example, in the Grokster litigation, Judge Wilson of the Central District of California followed up the summary judgment order with a permanent injunction against the remaining defendant in that case (StreamCast). Grokster Remand, 518 F. Supp. 2d at 1241. Just within the last few weeks, Judge Wilson followed a ruling of summary judgment in favor of the plaintiff motion picture studios with an injunction against the operators of an online site who intentionally induced infringement of plaintiffs' movies. Fung, No. CV 06-5578 SVW (JCx) (Klaus Decl., Ex. 2). In this District, Judge Baer followed his decision granting summary judgment on inducement of copyrights with a permanent injunction. Arista Records, et. al. v. Usenet.com, Inc., No. 07-CV-8822 (HB) (Klaus Decl., Ex. 1).3 The Court's Order conclusively establishes that Lime Wire is liable for intentionally inducing the infringement of Plaintiffs' copyrighted works and (as to the pre-1972 recordings) the related state law claims. The fact that Plaintiffs have prevailed on the merits of these claims 3 In the well-known cases involving two other of Lime Wire's ignominious predecessors � Napster and Aimster � the courts issued injunctions against the defendants even without a summary judgment of liability. See A&M Records, Inc. v. Napster, Inc., 284 F.3d 1091, 1099 (9th Cir. 2002) ("Napster II") (affirming District Court's order to shut down the Napster service); Aimster, 334 F.3d at 656 (affirming injunction against Aimster). Plaintiffs' entitlement to an injunction against Lime Wire is only the stronger by virtue of the Court's finding of Lime Wire's liability. -810798896.4 will not change through trial. Accordingly, as the Second Circuit recently confirmed, Plaintiffs are entitled to a permanent injunction upon showing: (1) that [they] ha[ve] suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for that injury; (3) that, considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. Salinger, 2010 WL 1729126, at *7 (quoting eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006)). Every one of these equitable factors weighs in favor of a permanent injunction against Lime Wire. 1. Plaintiffs Have Suffered Irreparable Harm And Will Continue To Do So Absent An Injunction Plaintiffs have suffered � and will continue to suffer � irreparable harm from Lime Wire's inducement of widespread infringement of their works. "Irreparable harm" is an "injury that is neither remote nor speculative, but actual and imminent and that cannot be remedied by an award of monetary damages." Forest City Daly Hous., Inc. v. Town of N. Hempstead, 175 F.3d 144, 153 (2d Cir. 1999); see also Faiveley Transp. Malmo AB v. Wabtec Corp., 559 F.3d 110, 118 (2d Cir. 2009). As a direct result of Lime Wire's intentionally inducing widespread infringement, Plaintiffs are continuing to suffer at least three forms of harm judicially recognized to be irreparable. First, Plaintiffs face irreparable harm because it is virtually certain that the enormous damage award that they will be entitled to after trial will far exceed Lime Wire's ability to pay. In Grokster, Judge Wilson held that irreparable harm to Plaintiffs resulted from the potential for a massive statutory damages award that the defendants almost certainly would be unable to pay. See Grokster Remand, 518 F. Supp. 2d at 1217 ("Because it is extremely unlikely that [defendants] will be able to compensate Plaintiffs monetarily for the infringements it has induced in the past, or the infringements it could induce in the future . . . Plaintiffs have and will continue to suffer irreparable harm."). The Seventh Circuit (with Judge Posner writing for the court) -910798896.4 reached the same conclusion in Aimster: the court there observed that Aimster's likely inability to satisfy any damages award weighed in favor of the district court's finding of irreparable harm. Aimster, 334 F.3d at 655. As in Grokster and Aimster, Plaintiffs have suffered --and will suffer-- irreparable harm because Lime Wire will most likely owe far more in damages than it will ever be able to pay. See Grokster Remand, 518 F. Supp. 2d at 1217. As they are entitled to do, Plaintiffs seek statutory damages under the Copyright Act as a remedy for Lime Wire's unlawful conduct. (First Amended Complaint �� 74, 87, 99.) For each work for which Lime Wire bears liability for an act of direct infringement, Lime Wire owes Plaintiffs a statutory award within a Congressionally prescribed range. Where the defendant's conduct is willful, the range of statutory damages runs from $750 to $150,000. See 17 U.S.C. � 504(a)(2)-(c). "[I]n order to prove willfulness, a plaintiff must show that the defendant knew or should have known that its conduct constituted copyright infringement." Branch v. Ogilvy & Mather, Inc., 772 F. Supp. 1359, 1364 (S.D.N.Y. 1991). The Court's Order catalogues extensive evidence of Lime Wire's willful conduct. Among other things, the Order describes uncontroverted evidence "that LW intended to encourage infringement by distributing LimeWire" given in part "LW's awareness of substantial infringement by users"; "that LW knew that LimeWire users were committing copyright infringement"; and that "[t]he massive scale of infringement committed by LimeWire users, and LW's knowledge of that infringement, supports a finding that LW intended to induce infringement." (Order at 31-33.) This evidence, along with numerous other items detailed in the summary judgment record, shows Lime Wire almost certainly will be liable for statutory damages where the upward limit for each statutory award is $150,000. See Grokster Remand, 518 F. Supp. 2d at 1217 (noting the "potential relationship between inducement and a finding of willfulness"). The specific amount within the statutory range is only one part of the equation for calculating statutory damages. The other component is the number of works, and here that number will be many thousands. In accordance with Judge Lynch's instructions (see Klaus - 10 10798896.4 Decl., Ex. 11 (Dec. 7, 2007 Hr'g Tr.), Plaintiffs in January 2008 provided Lime Wire with an updated list of works known to Plaintiffs to be infringed through Lime Wire. (Id. at Ex. 12 (letter to Lime Wire's counsel Jan. 31, 2008).) There are more than 6,600 works identified on that list. The list of infringed works will only continue to grow, since (as exemplified by Lime Wire's use to infringe the current "Top 40" recordings), Lime Wire users have continued to upload and download new recordings as Plaintiffs have released them since 2008. In UMG Recordings, Inc. v. MP3.Com, Inc., No. 00 CIV. 472(JSR), 2000 WL 1262568 (S.D.N.Y. Sept. 6, 2000), where the court found that the defendant MP3.com had engaged in willful infringement, the plaintiff (which was one of the major record companies) was awarded $53.4 million in statutory damages calculated at $25,000 per work for just over 2,100 works. Id. at *1, *6; (Klaus Decl., Ex. 3) (Nov. 16, 2000 Final Judgment and Order) (Doc. No. 162) (awarding damages)). Here, there are four record company Plaintiffs, and thousands more works in issue. It does not require sophisticated mathematics to calculate that the likely damage award in this case will run into the hundreds of millions, if not the billions of dollars. As in Grokster, the amount of statutory damages at issue here "is so staggering" that it "would very probably be well beyond" Lime Wire's "anticipated resources." Grokster Remand, 518 F. Supp. 2d at 1217. Lime Wire's 2006 income was at least around $20 million. (SUF � 432.) Of course, Lime Wire's total assets exceed that. Lime Wire has attempted to secrete assets into Mark Gorton-controlled "family partnerships" with the intention of shielding those assets from a judgment award in this case. Nevertheless, even if Plaintiffs can unearth the assets Lime Wire has buried in an effort to protect them from judgment, Lime Wire has provided no evidence that it could satisfy a damages award of hundreds of millions of dollars (or more). Indeed, Lime Wire almost certainly will be unable to satisfy the likely damages award in this case. Second, Plaintiffs are being subjected to a different, but no less irreparable, type of injury from the nature of the infringement that Lime Wire has induced, specifically from the continued infringement of their works through Lime Wire's viral system. Plaintiffs have the exclusive - 11 10798896.4 right to reproduce and distribute their copyrighted works. 17 U.S.C. � 106. Even if defendants somehow miraculously satisfied a full damages award, Lime Wire's large-scale unauthorized distribution of digital copies of Plaintiffs' copyrighted works will continue to facilitate generations of infringement. See Grokster Remand, 518 F. Supp. 2d at 1217. Each time a user downloads an illegal copy of one of Plaintiffs' copyrighted works through the LimeWire Client, that copy can spawn countless derivative infringing copies. These derivative copies inflict exponential harm on Plaintiffs' exclusive rights. See Twentieth Century Fox Film Corp. v. Streeter, 438 F. Supp. 2d 1065, 1072, 1073 n.2 (D. Ariz. 2006) (every user "who receives one of the copyrighted works [through the peer-to-peer service] is in turn capable of also transmitting perfect copies of the works. . . . Accordingly, the process is potentially exponential rather than linear, threatening virtually unstoppable infringement of the copyright."). No damages award can compensate Plaintiffs for the harm to their exclusive rights stemming from generations of derivative infringements. Grokster Remand, 518 F. Supp. 2d at 1218-19; see also UMG Recordings, Inc. v. Blake, No. 06-CV-00120BR, 2007 WL 1853956, at *3 (E.D.N.C. June 26, 2007) ("The remedy available at law for this injury, monetary damages, will only compensate for Defendant's one-time infringement of each recording, and not for inevitable future transfers."). Because damages cannot address this continued vulnerability, Lime Wire's induced infringement causes irreparable harm. See Forest City Daly Hous. Inc., 175 F.3d at 153 (harm that cannot be remedied by damages award is irreparable). Third, Plaintiffs face irreparable harm because Lime Wire facilitates the unauthorized, free distribution of Plaintiffs' copyrighted works -- precisely the same product that Plaintiffs pay millions to market and sell to consumers. See Salinger, 2010 WL 1729126 at *9-10. "[T]he availability of free, infringing copies of Plaintiffs' works" through Lime Wire "irreparably undermines the growing legitimate market for consumers to purchase access to the same works." Fung, No. CV 06-5578 SVW (JCx) at 3-4 (Klaus Decl., Ex. 2). As a result of Lime Wire's inducement, generations of potential purchasers of Plaintiffs' products have instead grown up accustomed to downloading their music for free. See Metro-Goldwyn-Mayer Studios Inc. v. - 12 10798896.4 Grokster, Ltd., 545 U.S. 913, 928-29 (2005) ("digital distribution of copyrighted material threatens copyright holders as never before, because every copy is identical to the original, copying is easy, and many people (especially the young) use file-sharing software to download copyrighted works"); A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1017 (9th Cir. 2001) ("Napster I") (citing "Napster's deleterious effect on the present and future digital download market"). That harm can never be remedied in money damages; an injunction must issue. 2. Plaintiffs Have No Adequate Remedy at Law Plaintiffs have no adequate remedy at law for Lime Wire's inducement for the same reasons they have suffered irreparable harm. See Northwestern Nat'l Ins. Co. of Milwaukee, Wisconsin v. Alberts, 937 F.2d 77, 80 (2d Cir. 1991) (noting "overlap" between showing of irreparable harm and adequacy of remedy at law.). The total damages award here will most likely exceed any that Lime Wire could ever have the means to pay. See supra at III.A.1.; Grokster Remand, 518 F. Supp. 2d at 1219-20. The irreparable harm to Plaintiffs' exclusive rights cannot be remedied even in the highly unlikely event defendants can satisfy a damages award. Plaintiffs will never recover damages for the substantial derivative infringements that illegal copying and distribution through Lime Wire spawns. The lack of an adequate remedy at law weighs in favor of granting the Proposed Injunction. 3. The Balance Of The Equities Weighs Decisively In Plaintiffs' Favor The balance of hardships between Plaintiffs and Lime Wire tips sharply in Plaintiffs' favor if an injunction is not entered. As explained, Plaintiffs' past and future harm is irreparable. See Salinger, 2010 WL 1729126 at *10 (noting relationship between irreparable harm and balancing hardships). Absent an injunction, the destruction of Plaintiffs' exclusive rights will continue, resulting in countless lost sales and innumerable derivative infringements. By contrast, Lime Wire cannot complain about any potential harm to its business an injunction may cause. As the Court has held, Lime Wire built its business around infringement. (Order at 36.) Indeed, the Court held that Lime Wire depends on infringement for its - 13 10798896.4 commercial success. (Order at 37.) A knowing infringer "cannot complain of the harm that will befall it when properly forced to desist from its infringing activities." Cadence Design Systems, Inc. v. Avant! Corp., 125 F.3d 824, 829 (9th Cir. 1997). By knowingly constructing its business around an unlawful goal, Lime Wire assumed the risk that a court order may one day shut that business down � as courts have done every time the issue has arisen before. See Napster II, 284 F.3d at 1099 (affirming order shutting down Napster); see also Tuccillo v. Geisha NYC, LLC, 635 F. Supp. 2d 227, 247-48 (E.D.N.Y. 2009) (knowing infringer assumed risk, so any harm from loss incurred as a result of an injunction was "self-imposed"). 4. An Injunction Is Necessary To Serve The Public Interest An injunction that requires Lime Wire to bring its conduct into conformance with the law serves the public interest. As the Second Circuit recently explained in Salinger, the public interest underlying the copyright laws is to promote the store of knowledge available to the public. 2010 WL 1729126 at *11. An injunction serves that end by protecting copyright holders' financial incentive to contribute to the store of knowledge. Id. Infringing conduct of the type engaged in by Lime Wire � "patently infring[ing] another's copyright" � does not prompt any free expression interest that might apply in a narrower infringement case. Id. at *12. Entering the Proposed Injunction serves the public interest. B. Plaintiffs' Proposed Injunction Is Necessary And Appropriate 1. Plaintiffs' Proposed Injunction Orders Lime Wire To Take All Technologically Feasible Steps To Curtail Infringement Plaintiffs' Proposed Injunction sets forth three principal categories of requirements. First, Lime Wire must immediately halt any further distribution of the LimeWire Client or any similar software product, so that no new infringers enter the Lime Wire system. Lime Wire must also cease supporting the LimeWire Client and engaging in other acts through which it profits from the infringements it induced. Second, Lime Wire must be ordered to implement all technologically-feasible actions that will curtail the continued infringements though the millions of legacy copies of the LimeWire - 14 10798896.4 Client that have already been distributed. The burden of devising an appropriate mechanism properly falls to Lime Wire, as the designer of the LimeWire service. Third, Lime Wire must report promptly on the nature and efficacy of its proposed technological changes to its software and service in order to meet the requirements of the Court's injunction. We discuss each of these points in turn. a. Part One: Lime Wire Must Stop Further Distribution And Profiteering From Ongoing Infringement Part One of the Proposed Injunction compels an end to the conduct that the Court has deemed unlawful. Lime Wire must stop inducing further infringements of Plaintiffs' copyrighted works through the LimeWire Client. To do that, Lime Wire must cease further distribution of the LimeWire Client immediately, both the free and paid versions. The continued distribution of the LimeWire Client only serves to broaden Lime Wire's user base and continue Lime Wire's inducement of massive-scale infringement. Stopping further distribution of the LimeWire Client, however, is only the first step toward curtailing the irreparable harm to Plaintiffs that Lime Wire has caused. Lime Wire must also redress the ongoing harm caused by the hundreds of millions of installed versions of the LimeWire software already on user's computers ("Legacy Clients"). The Proposed Injunction first orders Lime Wire to cease profiting from the ongoing infringement through the Legacy Clients through advertising or other revenue. Specifically, the Proposed Injunction requires Lime Wire to stop streaming advertising through the Legacy Client to its millions of existing users. Without this proscription, Lime Wire continues to profit from existing LimeWire users' ongoing infringing conduct. Lime Wire also must stop providing software upgrades and support to Legacy Clients, except as otherwise provided for in the Proposed Injunction. Continued updates and "bug fixes" improve the ease of using a system designed (and used overwhelmingly) for copyright infringement. (Declaration of Ellis Horowitz ("Supp. Horowitz Decl.") � 8.) Not only must - 15 10798896.4 Lime Wire's own employees stop updating the Lime Wire Client; Lime Wire also must stop the support provided to the broader software development community. Lime Wire currently maintains the source code for the LimeWire Client on a website accessible to all developers. The Proposed Injunction requires that the source code be taken offline so that Lime Wire does not facilitate software support by non-Lime Wire employees. b. Part Two: Requiring Lime Wire To Institute Affirmative Measures To Curtail Infringement Through The Legacy Clients Part Two of the Proposed Injunction requires Lime Wire to do everything in its power to stop the rampant ongoing infringement it has induced through its past distribution of the Legacy Clients. To that end, Lime Wire must take all steps that are technologically possible to curtail the ongoing infringing file-sharing through the LimeWire software, including but not limited to disabling its users' ability to search for and share audio files through the Legacy Clients, providing a means for users to erase the Legacy Clients, and incorporating an effective and secure content filter into the Legacy Clients. If Lime Wire contemplates the distribution of any new version of the LimeWire software to serve these goals, Lime Wire must provide it to Plaintiffs and the Court for testing and evaluation of effectiveness prior to its implementation. Lime Wire undoubtedly will contend--as it has throughout this litigation--that it will be very difficult to stop users of Legacy Clients from continuing to infringe Plaintiffs' works. (See, e.g., Declaration of Dr. Steven Gribble in Opp. to Plaintiffs' Mot. for Partial Summ. J., � 5 (contending that it would be "virtually impossible" to impose centralized control over the peerto-peer network or its users).) If that is true, then it is a result of Lime Wire's specific design choices that it has made with full knowledge of copyright owners' efforts to protect their rights against the likes of Napster. As one of Lime Wire's software engineers put it, the design team resisted mechanisms that would allow for centralized control over the LimeWire Client, for fear that it would create the "potential for court-ordered or injunction cases" where Lime Wire "would be forced" to use some centralized function to protect copyright holders. (SUF � 389.) - 16 10798896.4 As the Court discussed at length in the Order, Lime Wire repeatedly failed to take actions to mitigate the massive infringements that Lime Wire intentionally induced. For example, Lime Wire purposefully rejected the incorporation of an effective content filter into the Legacy Clients. Lime Wire's purported "filter" is entirely optional: Lime Wire can turn contentfiltering off in all of the Legacy Clients through settings sent remotely. (Order at 38.) But it purposefully designed the system so that it could not do the opposite. (Id.) Lime Wire's purported filter is thus no filter at all, because each individual user can simply turn it on and off at will. Moreover, Lime Wire's "filter" implements an ineffective limiting criteria: hash value. As the Court noted, hash-based filtering alone cannot stop all infringement on the Lime Wire system. (Order at 38 n. 28.) Removing all audio files with a particular hash value from the Lime Wire system would not even remove all copies of one individual song. Lime Wire intentionally rejected more effective filtering mechanisms because it knew what would happen if it implemented filtering that worked: its enormous user base would vanish. (Id. at 39-40.) Instead, it elected to continue its illegal operation without any impediments on its users' infringing conduct. Having made these design choices itself, Lime Wire, therefore, is itself absolutely responsible for coming up with the technological solutions to fix the problems that Lime Wire deliberately created. See Johnson & Johnson-Merck Consumer Pharmaceuticals Co., 285 F. Supp. 2d at 394 (company forced to stop conduct it "should not have engaged in to begin with" required to bear burden of injunction); Tuccillo, 635 F. Supp. 2d at 247-48 (E.D.N.Y. 2009) (party cannot complain about burden as a result of injunction when it "assumed th[e] risk" through knowingly unlawful action). The Proposed Injunction contains a non-exhaustive list of immediate goals, but the Court can and should order Lime Wire to utilize all available mechanisms immediately to curtail infringement through the Legacy Clients to the full extent technologically possible. Lime Wire should also be ordered to utilize all other mechanisms at its disposal � including without limitation through devising an upgraded version that will include - 17 10798896.4 meaningful and effective filtering � as part of the injunction. If a new, upgraded version is devised (and approved by the Court), Lime Wire further must be ordered to use all reasonable, lawful means to compel Legacy Users to relinquish their old, unfiltered Legacy Clients in favor of the new version that contains meaningful content filtering. c. Part Three: Accountability And Notice Finally, the Proposed Injunction requires Lime Wire to report back to the Court on its progress in 14 days. The required report must (1) certify that distribution, sales and advertising has stopped; (2) identify what steps have been taken to stop the ongoing rampant infringement; (3) quantify the precise effect of those steps on the ongoing infringement, including a report that identifies how many songs currently charting on Billboard Magazine's Top 200 list are still available for download through the LimeWire Client; and (4) identify what further technological changes are in the process of being made or will be made to combat ongoing infringement. At that time, the Court can assess whether the measures employed sufficiently remedy the ongoing harm wreaked by the Legacy Clients. Part Three also requires Lime Wire to give notice of this injunction to any future assignee of the Lime Wire assets and to known Lime Wire customers, and describes other reservations of rights and administrative requirements for maintaining the injunction. 2. The Burden Of Operating Lime Wire In Compliance With The Law Should Fall On Lime Wire -- Not On Plaintiffs Or This Court Lime Wire no doubt will attempt to deflect responsibility for any effort to stop the ongoing infringements through the Legacy Clients on to Plaintiffs. Lime Wire will insist that it is Plaintiffs' obligation to identify infringing content on the Lime Wire system by hash value before Lime Wire has any obligation to remove it through its weak, ineffective hash-based filter. Experience has revealed that to be a futile and burdensome exercise that would be wholly unfair to impose on Plaintiffs here. See, e.g., Bigelow v. RKO Radio Pictures, 327 U.S. 251, 265 (1946) ("The most elementary conceptions of justice and public policy require that the wrongdoer shall bear the risk of the uncertainty which his own wrong has created."). - 18 10798896.4 Requiring Plaintiffs to identify lists of infringing works available through the LimeWire software before the works must be removed would be an extraordinarily ineffective and inefficient means of curtailing infringement. Plaintiffs have no way to identify all of the infringing works on the Lime Wire system at any given time. When a user searches for a particular work through the LimeWire Client, the results show only a small subset of all of the files available from other Lime Wire Client users who then happen to be online. (Supp. Horowitz Decl. � 4.) A user's search results only extend to the subset of computers that give the fastest response to a particular query. (Id.) Beyond the search horizon, a user cannot see what files are available. (Id.) Even within a user's search horizon, only those files that are being shared by users simultaneously accessing the system are visible. (Id.) Giving notice of all "available" files is impossible because Plaintiffs simply cannot see what that universe of infringing files is at any given moment. Even if Plaintiffs could catalogue hash values, it would be an unduly burdensome enterprise that would ultimately be useless in any event. Because a hash value is a product of the particular digital file and not its content, two audio files may contain the same copyrighted audio file, but have different hash values. Therefore, the same copyrighted content may appear on the Lime Wire system in files with numerous hash values. (SUF �� 121-123; Supp. Horowitz Decl. � 5.) Before Plaintiffs can meaningfully catalogue existing infringing hashes, new hashes can pop up in their place. (Supp. Horowitz Decl. � 6.) Forcing Plaintiffs to compile lists of the millions of infringing hashes that are available through the LimeWire Client while others are still being created would be extremely burdensome. Ultimately, the exercise would be to no avail. Plaintiffs could never know whether their copyrighted content was being ripped again with different ripping software and replaced onto the system with a different hash value. (SUF � 123.) What is more, Lime Wire made certain that it would be up to the individual user whether to employ hash filtering in the first place, so even if Plaintiffs were forced to incur this tremendous burden it would not necessarily remove the infringing files from the system. (Supp. Horowitz. - 19 10798896.4 Decl., � 7.) Users could still elect to share them without impediment, because of the way that Lime Wire designed the system. Lime Wire also may cite Judge Wilson's opinion in the Grokster Remand decision as legal support for a requirement that Plaintiffs provide Lime Wire with notice of where infringing works are available on the Gnutella network as a prerequisite to Lime Wire's obligation to remove content. See Grokster Remand, 518 F. Supp. 2d at 1238. In particular, Judge Wilson ordered that the remaining defendant's (StreamCast's) "duty to filter any particular copyrighted work will commence upon Plaintiffs' provision of notice. For each work, Plaintiffs will be required to provide the artist-title pair, a certification of ownership, and some evidence that one or more files containing each work is available on the Morpheus System and Software." Id. at 1239. Although the Court in the Grokster Remand was right on many issues, Plaintiffs respectfully submit that the Court's decision to impose a notice-and-takedown system as part of the injunction was not one of them.4 518 F. Supp. 2d at 1238. Judge Wilson based this part of the decision on the Ninth Circuit's original opinion in Napster, which predated the Supreme Court's decision in Grokster by four years. The Ninth Circuit's original Napster decision relied on the "substantial non-infringing uses" discussion in the Sony-Betamax case to hold that notice had to be a component of a system of injunctive relief. The court reasoned that, without such a requirement, the injunction might impermissibly give rise to liability based on the nature of the technology itself. Napster I, 239 F.3d at 1027. An opinion issued by the District Court in the Napster case � Judge Patel � after the Supreme Court's Grokster decision, demonstrates why this reading of the law in the Ninth Circuit is wrong. See In re Napster, Inc. Copyright Litigation, No. C 04-2121 MHP, 2006 U.S. Dist. Lexis 30338 (N.D. Cal. May 17, 2006). Analyzing the Supreme Court's decision, Judge 4 The Grokster court required this notice at its own initiative � it was not briefed by the parties. The scope of the injunction in Grokster led to the appointment of a special master and several months of legal wrangling. That protracted procedure is unnecessary here. Lime Wire must simply be ordered to do whatever is technologically feasible to redress the ongoing harm. - 20 10798896.4 Patel held that the Ninth Circuit's original "notice-based structure" (set forth in the pre-Grokster Ninth Circuit Napster decision) was inconsistent with the Supreme Court's opinion in Grokster. Id. at *30. Specifically, Judge Patel held that where liability is based on the defendant's intentional inducement of infringement, liability "does not require actual or even reasonable knowledge of specific infringing files." Id. at *32. In a recent permanent injunction issued in another inducement of infringement case, Judge Wilson himself did not require the onerous notice-and-takedown he required in Grokster, impliedly accepting this logic. See Fung, No. CV 06-5578 SVW (JCx) (Klaus Decl., Ex. 2). For the reasons articulated by Judge Patel, requiring notice of an infringing copy of a work as a prerequisite to the defendant's obligation to block access to the work (or remove it) is inconsistent with the basis for defendant's liability in the first place. There is no danger of liability or an equitable decree being imposed because of the design of the software � the concern underlying the Ninth Circuit's original Napster decision and Judge Wilson's Grokster Remand injunction. Lime Wire's wrongful conduct � and its responsibility to curtail the consequences of the same � stems from Lime Wire's intentional inducement of the infringement of Plaintiffs' works. There is no basis in law or equity to require Plaintiffs to shoulder the burden of ameliorating unlawful conduct that Lime Wire intentionally unleashed. IV. CONCLUSION Plaintiffs respectfully request that the Court enter the Proposed Permanent Injunction submitted herewith. Dated: June 4, 2010 Respectfully submitted _______/s/ Kelly M. Klaus______________ Kelly M. Klaus Attorney for Plaintiffs Munger, Tolles & Olson, LLP 355 South Grand Avenue, 35th Floor Los Angeles, CA 90071-1560 (213) 683-9100 (213) 687-3702 (Fax) email@example.com - 21 10798896.4


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St. Louis, Missouri - America's Center's doors have opened to everyone attending this year's NRA Annual Meetings & Exhibits. Registration was a little hectic in the beginning, but those who got through today are sure to alleviate the crowd tomorrow.
Through the doors of the exhibit hall you can still see forklifts driving around and hear teamsters banging the last few booths together. That opens tomorrow, but today you can visit the NRAstore, shoot around at the "Pyramyd Air" Air Gun Range and bring your firearms to our experts for appraisal at theAntique Guns Showcase, among other things.
You can even pick up one of our, now infamous, big yellow blog bags to store just about any and every item you get over the next few days as well as enter our prize drawing which includes a $200 Cabela's gift card.
The National NRA Foundation Banquet & Auction is starting now, which is sure to be a great time and have plenty of unique items you won't be able to find at any other Friends of NRA banquet in the country.
annual meeting | st. louis | missouri
Women's Wilderness Escape
Rec Shooting Sports Specialist Samantha Olsen's take on the NRA's Women's Wilderness Escape.
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Kyoto Full-Day Sightseeing Tour including Nijo Castle and Kiyomizu Temple
- Details
- Reviews
- Photos
- Hotel Pick-Up
Thailand 2012 968
Yelena, October 2012
Cross-section of a roof
Donald K, May 2012
This cross section of a roof gives an idea of the way cypress bark was used in the roofs of many buildings.
The Golden Pavilion, Kyoto
Donald K, May 2012
The Golden Pavilion is set in beautiful suroundings.
Kiyomizu temple
Milan, April 2012
One of the best site in the city of Kyoto
The Golden Pavilion
Milan, April 2012
THe Golden Pavilion at Kinkakuji
JOSE F, May 2011
JOSE F, May 2011


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- Columns & Features
- Departments
- Writers
Issue Archives
Category Archives: Mar/Apr 09
Lifesaving And Emergency Equipment
No one likes to contemplate the possibility of a water-related accident, but the time you spend this spring preparing lifesaving and emergency equipment may mean a safer summer season. Sorting through the variety of available equipment can be challenging. "There is a lot of junk being marketed and distributed," says Gerald M. Dworkin, consultant for New Hampshire-based Aquatics Safety & Water Rescue, a developer of aquatics-safety educational curricula. "If a backboard has more flex than a diving board, it is … Continue reading
Posted in Aquatics, Camp Business, Issues, Mar/Apr 09 Leave a comment
Safeguarding Aquatic Facilities
The protection and safety of guests at aquatic facilities has gained recent attention with the passing of the Virginia Graeme Baker Pool and Spa Safety Act of 2007 (H.R. 1721). President Bush signed this into law late in 2007 as the first federal pool and spa safety legislation. The legislation provides incentives for states to adopt comprehensive pool safety laws that will protect children from horrible, life-threatening injuries and deaths caused by dangerous pool and spa drains. Two publicized accidents … Continue reading
Posted in Aquatics, Camp Business, Issues, Mar/Apr 09 Leave a comment
If I Had Three Wishes
There's only one reason kids want to return to camp–friends. Yet when I tour camps and ask what staff members do to specifically help kids make friends, I find out why the average camper-return rate is so low. We think it happens automatically. We focus on "fun" instead. Kids have been making friends "automatically" at camp for decades. But in an effort to be safer, our risk managers have eliminated many of the times and places where kids and counselors … Continue reading
Posted in Camp Business, Gary Forster, Issues, Mar/Apr 09, Programming Leave a comment
A Focal Point for Fitness
The initial decision to invest in a playground for your camp can be an easy one. Just the thought of campers swinging, climbing, dangling, spinning and challenging friends to match their acrobatic feats can bring back childhood memories of hours of carefree play. There are also many health and developmental benefits children gain from playground activities. While they are enjoying free play, they can improve flexibility, muscular endurance and strength, and even challenge their aerobic capacity during extended bouts of … Continue reading
Posted in Camp Business, Issues, Mar/Apr 09, Programming Leave a comment
Color Me Happy
Bisque ceramics are like the bare canvas of the pottery world. They are often white in appearance and "naked," without a glaze or finish. In fact, that's the whole point–campers can start with a basic figurine and decorate it any way they choose with paint, before applying a glaze finish. The following techniques are perfect for camp arts and crafts programs in working with bisque ceramics. Painting Techniques Antiquing After applying acrylic paint to ceramic bisque item, dab a dark … Continue reading
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NWS: Redstone, Marshall ready for severe weather
HUNTSVILLE, Ala. (AP) — The National Weather Service says Redstone Arsenal and Marshall Space Flight Center are prepared for severe weather.
Al.com reports (http://bit.ly/XSV5Ck ) that weather service officials on Thursday presented Storm Ready Community signs to Redstone and Marshall representatives. The designation is a step up from the previous Storm Ready Supporter status. The upgrade reflects work by Redstone and Marshall to document their early warning systems and communication process, shelter areas and provide training on dealing with severe weather.
Chris Darden, meteorologist in charge at National Weather Service in Huntsville, says reaching that status is a fairly rigorous process.
Carole Valenti, emergency management director for Marshall, said it's important for all the employees on the arsenal to know safety is a top concern.
CW Link


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Lifestyle Book Reviews
Book Review: Beaded Crochet Designs by Ann Benson
By Sandy Amazeen Jul 17, 2006, 5:39 GMT
It\'s the newest thing in crafting, a hot mix of crochet and beadwork. These more than 50 projects for necklaces, earrings, and bracelets are all marvelously easy to make, using only the most basic stitches. Surround cabochons with a netting of beaded crochet to form the Opal or Stone Pendant Necklaces. The Pearl Frenzy necklace features freshwater pearls threaded into a chain-stitched design. For a matching set of jewels, try ...more
Colorful bangles, spiraling earrings, elegant necklaces and more are presented in this collection that combines simple crochet stitches with prestrung beads. Crochet tubes are knotted, joined, braided, wire stiffened or left plain to create a myriad of jewelry designs in next to no time at all. One need not know how to crochet to follow the clearly illustrated step-by-step instructions that walk the newcomer through the basics before moving on to more complex patterns.
Easy to read full color charts simplify the bead stringing phase, made fool proof by Bensons helpful hint on marking the repeats. Full material lists and complete instructions as well as clear photography allow the reader to proceed with confidence from project start to finish. The designs vary from the simple pretty in pink necklace and earring set to the more complex cover pattern, part of the snake charmer collection.
Of particular interest is Bensons cabochon-setting technique that begins by crocheting a beaded tube that just fits the inside of the stone before beginning the bezel. This technique shows off both sides of the stone while providing a stunning setting.
Whether your interest is in combining different bead sizes as in the treasure box, twining links together as in the lovely spumoni bracelet or bright color play as shown by the argyle earrings, there is a design for every taste. Those interested in more challenging work should check out the fairy-tale necklace, which spirals a beaded strand around a silver base wire to create a lively, flowing piece requiring minimal wire working skills.
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Beautiful Fall Weather Comes to Aspen
Submitted by Aspenskier on Sun, 10/06/2013 - 14:00
After a week that saw cold temperatures and snowfall come to Aspen, the forecast for most of this week returns to classic October weather. Bright sun and deep blue skies will hold sway until later in the week - perfect to take in the fall colors on the surrounding peaks. Here's a recent photo from Owl Creek Road - the back road to Snowmass. It's just a taste of fall beauty surrounding us right now!


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OpenSuSE 10.2 installation woes.
Hello all,
First off, I have to say that I'm totally new to the Linux system and know quite literally nothing about it.
Now, on to the issues at hand.
I've been following along with the tutorial at: http://www.howtoforge.com/perfect_setup_opensuse_10.2
I've got the base system installed, which is also up to the end of this page: http://www.howtoforge.com/perfect_se...ensuse_10.2_p4
Now, there seems to be some missing information in this tutorial as to how to get from http://www.howtoforge.com/perfect_se...ensuse_10.2_p4 to the screen on this page http://www.howtoforge.com/perfect_se...ensuse_10.2_p5 where the tutorial continues from.
I got to the login and entered the username and password I set up earlier and now the screen is stuck at:
And I don't have a clue as to what I should do now because the images/tutorial don't explain how to get to the point at which it is working with.
I only want to set up a second computer as a web server, it won't be doing anything else, and any advice on this is greatly appreciated.
Thanx in advance,
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Blog Rank
2012 Blog Goals
- Increase traffic to 100,000 page views per month. This is going to be a tall order.
- Continue from 2011 – break top 100 in Wisebread's Top Personal Finance Blogs ranking.
Improve from Google Page Rank 5 to 6. This is probably impossible, but this is my shoot for the moon goal!Google penalized this site.
Social Media Goals
- Increase Twitter followers to 5,000
- Increase Facebook likes to 1,000
- Increase Feedburner counts to 1,000
- Increase Klout score to 55
- Increase Google +1 to 500
Thank you!!!!!
Current Ranks (May 2012)
- Google Page Rank: 2
- MozRank: 5.25
- Alexa Rank: 60,000
- WiseBread: #99
- Twitter follower: 1650
- Facebook like: 452
- Feedburner: 800
- Google +1: 175
- Klout Score: 45
Alexa rank shows how popular a website is so install the toolbar by clicking on their logo below. If you install the toolbar, it will improve our ranking when you drop by.
{ 10 comments… read them below or add one }
- December 7, 2010 at 9:15 am
Hey retireby40,
Hope you don't mind, but I like how you tracked your Alexa ranking on your page. I borrowed the idea for myself. I hope to break 200,000 like you did. Congrats!
- July 16, 2011 at 4:11 pm
great commentary, I am planning to create a rank page, you inspired me
- January 27, 2012 at 4:35 am
Very well done!!!! I love how precise you are. You don't list your current Feedburner subscribers, but if I remember correctly, you're already about 60% there. With respect to Twitter followers, those come so fast, I think you will be surprised by how quickly you can amass that 5000 goal. I think these are equally ambitious and awesome! Cheers!
- January 30, 2012 at 9:32 pm
All I can say is WOW! Rock on!
- February 3, 2012 at 9:15 am
Best wishes in your goals! Was curious why it's so hard to get past PR 5 for blogs?
- February 22, 2012 at 9:05 am
Good luck with the goals!!! Why not shoot for the sky?
- February 22, 2012 at 5:51 pm
Great goals. Keep up the good work man.
- March 16, 2012 at 8:25 pm
Oooo, great numbers. I just 200K on Alexa and now have a google page rank. good times… but you, daaaaaaang. impressive.
Leave a Comment


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Thirteen years ago, when I began my collection of seventies-era cookbooks, how-to guides, and life manuals, the economy was bustling along, nourished by the manna of dotcom stock jobbing profits. This manna also fueled the dullest undergraduate's daydreams, which danced through his head enrobed in all the finery a salary in the high five figures can command. Today, however, these books sitting around my apartment seem documents from a vanished world — Work and Leisure in Ultima Thule, perhaps, or Homemaking in Atlantis — one which was pried away by force of massive low-interest leverage, or was patiently ladled out of the ship of state during various bailouts. These tomes represent a collective memento mori of a variety of prosperity and equality that is not likely to return in my lifetime.
Unemployment in Desert City hovers at nine percent. What jobs exist are mostly temporary and lacking benefits. Some 11,000 houses huddle empty, having been foreclosed or never occupied. Vast portions of the population sit idle. They have given up on the very idea of employment. The state legislature, its carving knives sharp and poised, stands ready to scrape the bones of already spavined public sector.
Whether the crisis is one of hyperinflation or intractably deep recession, the result is the same. You need only recall the words of Überbanker Andrew Mellon: "In a depression assets return to their rightful owners." He certainly wasn't talking about the poor schmucks manning the teller windows.
You can't escape from history and its merciless repetitions. These things grind slow and hard. Lloyd Blankfein isn't going to have his head chopped off anytime soon. The streets aren't going to explode in a heatwave-fanned plebeian rage. The New York Times isn't going to start reporting on news that actually matters outside of Manhattan and the boroughs. It supposedly took the American Revolution ten years to get rolling. It supposedly took the American Revolution ten years to get rolling. Sometimes, in my most fevered dreams, I imagine it will take twice as long for the American people to avenge themselves on the scoundrels, cheats and usurers that have grasped control of this country so completely. In fact, I know it will take at least ten years for that ball to get rolling. History lumbers along at its own pace, headless of the truculent demands of our brains so agitated and dizzied by the instant gratification offered by Blackberries, iPads, Droids and whatnot. And with that realization comes the recognition that an entire decade of my life will pass in desultory strivings and fruitless ravings against a regime that dies hard — or, indeed, not at all.
What have I decided to do? Well, since nothing is so precious to me as my intellectual freedom, I've set aside 1,000-2,000 dollars a year that I can just assume will be stolen from me. It's a special little savings account earmarked for all those banksters and pranksters that rule our economy and our country. That way I don't have to think so hard about the possibility of being cheated, because I've assumed that someone already has cheated me and I just need to wait until they come to collect. It's a form of defeatism, yes, but it's also a recognition and acceptance of a new social and economic reality. I suspect some citizen of Soviet Russia felt much the same when he or she handed over an extra hundred rubles to procure a piece of meat or bread that should have sold at the advertised price. It was just part of life, that extra little tax to the parasites who clung to the social fabric like so many bedbugs on a futon in Queens.
How do we develop necessary fortitude in the face of casual immorality and greed whose taproot President Ronald Reagan planted, and which drew sustenance from the very glue that bound families and institutions? The seven-year itch gave way to the such prodigies as key parties and the "zipperless f*ck," the midlife crisis, which in turn engendered the marvels we see today — "sexting," "booty calls," "cougars," "MILFs," "friends with benefits" — the wreckage of population whipped into depressingly predictable ecstasy by thousands of hours of advertising and equally predictable television programming. The American people found outsourcing solutions for their imaginations, and in so doing surrendered the only thing that distinguishes them from the beasts. Then, as the tide of real production went slack, these hapless sybarites were seduced into taking on thousands of dollars of debt by money-hungry universities only to be excreted four or so years later into the postindustrial dung heap the United States has been since the 1980s. I'm afraid Nietzsche was correct far more than he realized. Humans (at least those residing in the U.S.) from the point of view of other creatures had lost their "animal common sense" in a very fundamental way. They had lost the instinct of self-preservation.
If the current recession has offered people any lesson, it has shown to what degree parallactic antinomies rule their lives. They must somehow hold in their mind rather massive contradictions. They must recognize, for instance, that from one point of view, that of most Establishment economists, capitalism, though imperfect, offers the best system for allocating scarce resources, thus bringing the greatest happiness to the greatest number of people. And they must also recognize that capitalism immiserates untold numbers of people, subordinating them to a regime which cheats them of the fair value of their labor. (What, after all, does the perma-intern model accomplish beyond the outright theft of interns' time and effort?) From one point of view, the former appears valid; from another, the latter. And they appear so because they are so — equally incontrovertibly, yet equally irresolvable in terms of the other.
The biking dandies and quaintrelles invoke a narrow spectrum for their rainbow coalition. Hip-hoppers and heshers, one gathers, need not apply. How this wished-for amalgam of social cliques is supposed to happen within the dissolving medium of dandyism is not entirely certain. One imagines that all this supposed de-cliquing can only lead to dislocation and anomie, as hipsters parasitize preppiedom and preppies extract some of the value hipsters have added to the preppie look. A climate of antagonism, recrimination and refusal would likely follow, proving ruinous to the urbane charms of a Saturday's cycling.
The nineteenth-century Russian novelist and one-time convict Fyodor Dostoevsky famously remarked, "The degree of civilization in a society can be judged by entering its prisons." If our correctional institutions do in fact present this absolute measure, then we are confronted with the sad truth that the United States isn't terribly civilized. This is especially true if we Americans consider that, as sociologist Barry Glassner famously pointed out, ours is a culture of fear. A culture of fear in many respects represents a return to primitive stage of cultural development, one subject to forces and vicissitudes beyond that culture's control or comprehension. A culture of fear makes for a collective Imaginary populated by all sorts of malign powers. Every stranger (particularly if said stranger has brown skin) is a potential demon, goblin, bugbear or ghoul intent on harming others simply to satisfy his devilish impulses. Inner-city "superpredators" lurk in every alley, middle-eastern terrorists down every jetway. People subject to culture of fear rationalize the inherently irrational simply as a matter of reflex. The barbarities — and the profits — which flow from this reflexive tendency are appropriately staggering.
We have since demystified history, carefully taking if from the hands of god or the proletariat to rest it safely in the bosom of religio-scientific "market forces." But in the process history began to seem not more rational, but less so. The market is somehow larger and more mysterious than God, the Proletariat, or even progress. And what are we, or any individual, compared to the market? Subsumed into it greater will, we are individual data points. Occasionally, through stock ownership or consumer purchases, we get to take part in its mysteries, but never too great a part.


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Message from the Sheriff
The holiday season is a time for celebrating family, friends and community.In that spirit, I would like to thank the men and women of this office for their unwavering dedication, service to, and protection of others.As we look forward to a new year, I would like to thank the residents of our county for their support and efforts in helping make Cleburne County a safer place to live, work and visit.
Merry Christmas and Happy New Year!
Sheriff Marty Moss


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Offer: WWSF Prize for Womens Creativity in Rural Life
Awarded since 1994 by WWSF Women's World Summit Foundation - an international, non-profit, humanitarian NGO, serving the implementation of women's and children's rights and the UN development agenda - the Prize ($ 1000 per laureate and $ 3000 for specific African women's organisations), honors women and women's groups around the world exhibiting exceptional creativity, courage and commitment for the improvement of the quality of life in rural communities (354 prizes awarded so far).
The Prize aims to draw international attention to laureates' contributions to sustainable development, household food security and peace, thus generating recognition and support for their projects. While rural women are vital in providing examples of sound practice in their communities, they still do not have full access to tools needed for development, such as education, credit, land rights and participation in decision making. By highlighting and awarding creative development models, innovations and experiences enhancing the quality of rural life, WWSF participates in addressing the eradication of rural poverty, gender mainstreaming and women's empowerment.
- Nominees should be women and women's groups currently active in rural life whose efforts have not yet been acknowledged by other awards. They may not nominate themselves.
- The nominating organization or individual must have direct experience of the nominee's work. The nominator may not nominate a family member, be a member of the nominated organization, nor can an organization nominate its senior officer (i.e. founder, president etc.). No more than 3 nominees may be presented by the same person/organization in the same year. The nominator commits to organize an award ceremony if the candidate is selected for the Prize and invite the media.
The long-term impact of the Prize depends on the integrity of the nominators and the quality of their nominations. The Prize is an award for successful accomplishments rather than a fund for future projects. The nominee's history (2-3 pages) should demonstrate the creativity, courage and sometimes sacrifice in her efforts at the grass roots to improve life in rural communities. Descriptions should be as specific as possible.
Any of the following elements should be emphasized:
- Exceptional courage and perseverance in improving rural life
- Creativity in the approach
- Preservation of and respect for the environment
- Continuing impact on the community
Nomination materials should arrive no later than 31 March through the post (see web site for details).
Contact: email@example.com
I like what you do,please check out our website www.safechildcampaign and let me know if we can work together
I believe in every woman's heart and soul.


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Fresh Start Back to School Makeover
This pretty girl is getting ready to start a new year at a new school. Let's give her a deep cleaning makeover then get rid of her pimples and tweeze her brows. Then make up her face, do her hair and choose a great outfit to finish off her great look. Have a blast playing Fresh Start Back to School Makeover!


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Additional Information
FT becomes first major publisher to withdraw from ABCe
LONDON - The Financial Times has become the first national newspaper to withdraw from the monthly online audit conducted by Audit Bureau of Circulations.
FT pulls out of ABCe
The move away from the independent ABCe audit comes amid increasing scepticism and discord over the metrics currently available to advertisers and their agencies for online magazine and newspaper brands.
Last month, News International took the controversial step of withholding its monthly ABCe figures for its entire portfolio ahead of Times Online erecting a paywall next month.
But despite the move, News International "continues to work with ABCe" as members, under the proviso that its sites must be publicly certified at least once within the next year, as stipulated by JICWEBS - the UK committee that defines the auditor's standards.
The move by News International had already raised concerns about the future role and viability of ABCe, an organisation built on transparency and accountability since 1997.
The decision now by Pearson to completely pull out of ABCe membership could result in a complete review of the current auditing process in the UK.
An FT spokesperson said: "The FT no longer participates in ABCes as volume traffic measures have become less relevant to our advertisers and clients. We do not intend to compete on volume, rather the quality of our registered and subscriber readership."
The announcement comes in the same month the business newspaper launched its own audience measurement system, called the estimated Average Daily Global Audience (ADGA).
Conducted with independent assurance from PricewaterhouseCoopers, the model measures the number of people globally who, on an average day, read FT journalism in print and online.
ADGA uses a combination of sources including syndicated national and regional readership surveys, unique user and browser data, FT research based on large samples of its reader/user base as well as ABC circulation figures.
Duplicated consumption is also removed in an attempt to more accurately track numbers of actual people as opposed to computers.
Anita Hague, global research director at the FT, is convinced the new measurement offers advertisers a new way to better understand and quantify audience in a multi-platform environment, and hopes it will be adopted by other media owners.
"We are happy to make the methodology available to any other interested party," she said. "It responds to the demands of media partners seeking more comprehensive and relevant audience analysis."
The new system and its claim of greater accountability already has the backing of James Jennings, joint managing director of WPP media agency Maxus.
He said: "On and offline can no longer be treated as silos or disparate disciplines. The FT's recognition of this need, with a clear and transparent approach, should be seen as an important step forward, as well as a sign of confidence in their continuing ability to deliver the right audience across multiple touchpoints."
Ben Hughes, deputy chief executive of the Financial Times, called it a "ground-breaking move", adding: "It's the first time that a single measure has been developed that takes into account a global digital and online audience.
"Traditional measurements (ABCs and readership surveys) focus on one or the other and are not consistent across the globe. It's the quality of our registered and subscriber readership that matters to our advertisers, rather than volume."
Hughes also reveals the FT is developing an audited global paid-for circulation number, which counts everyone who pays to consume FT content.
Richard Foan, managing director of ABCe, said: "Innovation in digital continues apace. Almost 300 companies are now part of ABCe and the delivery of industry approved standards for digital measurement.
"These globally applied standards are already used by Nielsen, comScore, Google, Omniture, Webtrends, Nedstats and many other analytics providers of course.
"These standards were first delivered in 1997 and have been regularly reviewed and evolved ever since, to ensure they continue to be relevant to our industry as it evolves."
This article was first published on mediaweek.co.uk
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Find A Screenplay
Social commentary. A load of people stuck in a room become obsessive over the coffee machine.
Created by corellion on 10/29/2006. Last change by Dima81 8 days ago.
75 writers have written 11 pages in 3 scenes.
And You Thought YOU Were A Loser
A crazy satiracal spoof on all things in life pointed out cleverly by two losers who are trying to get girlfriends. So much innuendo and stupidity I may bleed.
Created by Shippoking on 04/10/2007. Last change by lackofmops 1 month ago.
20 writers have written 0 pages in 1 scene.
Threat Level: Midnight
A corny action flick written in the style of The Office's Michael Scott. It stars himself as Michael Scarn, an FBI agent.
Created by theturbolemming on 08/26/2007. Last change by iconocrat 1 month ago.
17 writers have written 11 pages in 4 scenes.
Operation Smoking Dragon
Ninjas. Powerboats. Dragons. A vengeful cop. This is a featured Plotbot project—we invite everyone to join!
Created by brad on 01/23/2006. Last change by iconocrat 1 month ago.
140 writers have written 73 pages in 15 scenes.
This is a parody that is being created for the graduating High School class of 2007 at South Milwaukee High.
The parody spoofs the 007 movies since we are, in fact, the graduating class of 007.
Created by KyleOlson on 09/08/2006. Last change by hope12345 4 months ago.
6 writers have written 35 pages in 25 scenes.
Rookie Cashier
In this bizarre, Pythonesque, sketch, at a small general/corner store, a cashier is at his first day on the job. When his boss leaves and puts him in charge, he goes through a series of odd events that lead him to discover his true place in life.
Created by pendot57 on 11/26/2008. Last change by monavillalpando 8 months ago.
4 writers have written 1 page in 1 scene.
Einstein Idol
Spoof of American Idol involving geeky topics and nerdy people!
Created by kkalmer_21 on 05/09/2008. Last change by zzzinge 10 months ago.
8 writers have written 8 pages in 9 scenes.
FinalFantasyFreakX's Sandbox
Just a funny italian skit that I thought of....
Created by FinalFantasyFreakX on 02/03/2009. Last change by JSNWLLY a year ago.
3 writers have written 9 pages in 2 scenes.
Taste Test Zombies
Supermarket samplers turn housewives into zombies! Slacker clerks have to save the world! This is a featured Plotbot project--we invite everyone to join!
Created by brad on 05/03/2006. Last change by Monrome a year ago.
77 writers have written 11 pages in 9 scenes.
Memorium Episode One
In 2011 a United States Marines transport chopper went down in a small town located in Saudi Arabia. The crew of the Chinook helicopter, 2 crew and 7 U.S. Marines were executed by the local terrorist group except for one brave soul.
Created by NorthernOrbit on 03/04/2009. Last change by linas101 a year ago.
2 writers have written 2 pages in 2 scenes.


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2010 Golf Gear Guide: New equipment
Need a new driver? Is your old wedge losing its mojo? Too many three-putts last year?
Not a problem. Golfweek introduces its 2010 Golf Gear Guide.
Although the golf industry has changed – with new equipment being introduced throughout the year – there remains something special and promising about products unveiled at the start year.
Here is a mix of products coming early in 2010, some of which will be featured at the PGA Merchandise Show on Jan. 28-30 in Orlando, Fla.:
Latest Related Headlines
Please review the posting guidlines here: Golfweek.com Community Guidelines.
All accounts must be verified using Disqus email verification


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User guide for running computations on the CCR
cluster. Topics include an introduction to cluster
computing, basic UNIX, login, file transfer,compiling code, as well
as submitting and monitoring jobs.
We're now using the SLURM scheduler. If you need to update your job scripts from PBS format, this is a great cheatsheet for comparing commands between the two schedulers. Click here for more info about using SLURM at CCR.


text:
The Community of Disc Golfers and About All Things Disc Golf
My first dye attempt corrected. See the other picture before correction.
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Export Requirements for Nicaragua
NI-8 (Jan 8, 2014)
Asterisks (*) indicate the most recent revision to these requirements. To search, click on your browser's "Edit" menu, then click on "Find (on this page)". Enter "*" in the "Find What" field, then click "Find" or "Find Next" until all asterisks have been identified.
Eligible/Ineligible Products
- Eligible Products
- Poultry and poultry products
- Beef and beef products
- Pork and pork products*
Documentation Requirements
- Poultry and poultry products must be accompanied by FSIS Form 9060-5, Meat and Poultry Export Certificate of Wholesomeness. The city and state location of the establishment that produced the poultry or poultry product and the following certification statement must be included in the Remarks section or as an FSIS letterhead certificate:
"The meat is derived from birds which have been kept at a farm since they were hatched or for the past 21 days and in which there has been no evidence of notifiable avian influenza (NAI) in the past 21 days."
- Beef and beef products. Obtain FSIS Form 9060-5, Export Certificate of Wholesomeness and an FSIS letterhead certificate:
- The United States complies with the conditions in the Terrestrial Animal Health Code of the OIE as a country that presents a Controlled Risk for bovine spongiform encephalopathy.
Estados Unidos cumple con las condiciones del Código de Salud de Animales Terrestres de la OIE como un país que presenta un Riesgo Controlado para la encefalopatía espongiforme bovina.
- The bovine meat and meat products were produced and handled in a manner which ensures that such products do not contain and are not contaminated with the following specified risk materials: the brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum) and dorsal root ganglia of cattle 30 months of age and older; and the tonsils and distal ileum of the small intestine of cattle regardless of age.
Las carnes bovinas y los productos cárnicos fueron producidos y manejados en una manera que asegure que estos productos no contienen y no fueron contaminados con los materiales de riesgo específicos: cerebro, cráneo, ojos, ganglio trigémino, medula espinal, columna vertebral (excluyendo las vértebras de la cola, las protuberancias transversas de las vértebras torácicas y lumbares y las alas del sacro), y ganglios de la raíz dorsal de vacunos de 30 meses de edad o mas meses de edad y amígdalas e ilion distal de todas las edades.
- The method of stunning cattle does not include intracranial gas injection or the use of sharp instruments which could cut the medulla (pithing).
El método para aturdir el ganado no incluye el uso de inyección intracraneal de aire o gas, ni es mediante corte de médula.
- The United States complies with the conditions in the Terrestrial Animal Health Code of the OIE as a country that presents a Controlled Risk for bovine spongiform encephalopathy.
- Pork and pork products must be accompanied by FSIS Form 9060-5, Meat and Poultry Export Certificate of Wholesomeness.*
Plants Eligible to Export
All Federally inspection establishments are eligible to export.
NI-8 (Jan 8, 2014)


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Is a very picturesque wine producing market town on the River Lay, dominated by the spire of its Romanesque church and 16th century chateau.
A sign posted "route des vins" leads to some of the many local vineyards where wine tastings are available (full details from the local tourist office). There are bars, bistros, and restaurants as well as the usual shops, doctors, chemists, dentists, banks, supermarket and post office just a few minutes walk from your holiday base.
The attractive cathedral town of Lucon is within ten minutes drive of Le Moulin. Artfully trained and pollarded trees form green arches in summer above the roads leading to the centre, which is dominated as much by the crazily decorated water tower north of the Champ-de-Foire, as by the elegant 85m spire of the cathedral, flood-lit by night. Opposite the cathedral is the former distillery of H. Vrignaud Fils, now an old fashioned shop here you can taste Vrignaud's various speciality liquors distilled locally.
The Atlantic coast is only half an hours drive, with its miles of clean and golden sandy beaches. The famous and interesting port of La Rochelle is within forty minutes, and similarly distanced is the lovely seaside town of Les Sables D'Olonne, now famed as the starting place of the Vendee Globe Yacht Race.
The chateau of Puy Du Fou offers an interesting and exciting day out, and at weekends, after dark, a spectacular Son et Lumiere show is enacted. A trip to Poitiers to visit Futuroscope is well worth while.
is a picturesque old town with leafy squares, ancient houses, and Saturday street market on the banks of the Vendee River. Guided tours on foot or by horse-drawn carriage, or even a pleasure flight over the town and nearby forest of MerventVouvant can be arranged at the Tourist office.
There are also horse riding centres, tennis courts and golf courses nearby. Scuba diving can also be enjoyed a little further afield and of course the area is ideal for walking and cycling.
, officially labled one of "the most beautiful villages of France" is a busy little waterside town, 60km southwest of Lucon, where a handsome church, interesting shops and fishermen's houses line the old streets. "Plates", traditional flat bottomed boats can be rented from several companies along the quayside of the Sevre Niortaise river and explore the intricate network of tree lined waterways, known as the Green Venise, created by monks in the 13th century
La Rochelle
, one of the Yachting capitals of France, is known for its immense marina, full of all manner of sailing craft, and its bustling old harbour dominated by twin fortresses and surrounded by an old town steeped in history, and characterised by ornate and imposing architecture. There is a nautical museum, state of the art aquarium, and opportunity to take a boat trip to one of the nearby islands as well as stretches of beach to enjoy.
The South Vendee
has its own pleasant climate, boasting as many sunshine hours as the Riviera, and in summer fields of sunflowers stretch for miles. Nearby vineyards can be visited to taste and purchase wine, and on the coast local seafood is the speciality
Our Region
Average Weather for the region


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Rick Harrison From Pawn Stars Talks About How Much He Paid For A Guitar
April 1, 2012 3:15 PM
Dave & Veronica Read More
Pawn Stars is a Reality show on History, the series is filmed in Las Vegas, where it chronicles the daily activities at the World Famous Gold & Silver Pawn Shop, a family bussiness operated by Richard Harrison, his son Rick Harrison (who opened the shop with his father in 1988), Rick's son Corey, and Corey's childhood friend, Austin "Chumlee" Russell. Reruns can be seen on History as well as its sister network Lifetime.
Scroll down to listen to the interview.


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Follow Us: Twitter | Facebook | Google+ | Pinterest | Quick Links: Join Blogger Programs | Join our partner Healthy Home | Featured Bloggers
I'm using one of their free designs but would be interested to find out how much it would cost for a fellow Mom Blogger to create a set for me. I'm a substitute teacher, so don't have lots to spend, so be gentle with me please LOL
Views: 16
Hello Patty! Busy Momi Bee Blog Designs has a wordpress package starting at $150. Stop by and check us out:)


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The Red Nosed Reindeer
This episode nearly brought me to tears and that's saying a lot. Episode 3 of Sword Art Online starts off after Kirito saves the Moonlit Black Cats guild. Keita, their leader extends an invitation for Kirito to join which Kirito gladly accepts. Although unbeknownst to the guild, Kirito is in fact a level 40 player which is almost twice the average level of every member of Moonlit Black Cats. He likes his newfound friends> He is specially fond of Sachi who mentions to Kirito that she is afraid of death. He promises her that he'll always protect her and that one day they'll escape this VR. The most memorable scene happens after the guild decided to earn more money by exploring the upper level floor dungeons. Once there, they accidentally trigger a trap, locking themselves inside with powerful Mobs. What happens next??? Why is the episode called Red Nosed Reindeer? You have to watch below to find out.


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Jihadist attack at Christian publishing house
Three workers at a Christian publishing house in Turkey had their throats slit.
Robert Spencer notes the whitewashing of those who have attacked the publishing house in the past. They're…"nationalists."
~ For the latest breaking news, be sure to join Michelle's Email List:
Where was President Obama?
October 24, 2014 07:06 AM by Michelle Malkin
The Deadly Disgrace of Obama's Pro-Terrorist Lawyers
October 12, 2012 10:13 AM by Michelle Malkin
What's behind Obama's curious timing of Gitmo jihadist Omar Khadr's release
October 1, 2012 09:25 AM by Michelle Malkin
A Jihad Friday video flashback for the "special day of love"
September 21, 2012 12:45 PM by Michelle Malkin
Harry Reid & Lindsey Graham: Afghanistan Riots Might Be Due to Too Many Freedoms in the US… or Something
April 3, 2011 03:49 PM by Doug Powers
Categories: Afghanistan, Harry Reid, Islam, Jihadists, Politics


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Cover more than the design
cover: will reduce the strength of the
structure. Placing the reinforcing steel with more than the
design cover
causes the neutral axis to be shifted higher in the section, which
reduces the
area of concrete that is in compression and increases the cracked area
concrete in tension. This decrease in useful concrete (over Neutral
Axis) and
increase in useless concrete (below Neutral Axis) greatly
reduces the strength
of the structure.
order to achieve
the same effect as having one continuous bar, shorter bars with minimum
lap lengths are used.
lap length
is usually a minimum length required to transfer stress from one bar to
another. If the actual lap length is less than the
required lap length, the
stress may not be transferred to the other bar, which could cause a
failure in
the structure at that lap location.