text:
Auxilium Pharmaceuticals, Inc. Announces IMPRESS Trials Of XIALFEX® In Peyronie's Disease Were Published Online In The Journal Of Urology
About the IMPRESS Clinical ProgramAuxilium's late stage global development plan for XIAFLEX consists of four clinical studies and is known by the acronym IMPRESS – The I nvestigation for M aximal P eyronie's R eduction E fficacy and S afety S tudies. There are two randomized, double-blind, placebo-controlled phase III studies, which enrolled over 800 patients combined at 64 sites in the U.S. and Australia in less than five months, with a 2:1 ratio of XIAFLEX to placebo. There is also one open label study, which enrolled at least 250 patients, at approximately 30 sites in the U.S., EU and New Zealand, and one pharmacokinetic study, which enrolled approximately 20 patients who were then enrolled into the open label study. XIAFLEX was administered two times a week every six weeks for up to four treatment cycles (2 x 4). Each treatment cycle was followed by a penile modeling procedure. Patients were followed for 52 weeks post-first injection in the double-blind studies and will be followed for 36 weeks in the open label and pharmacokinetic trials.
The trials' co-primary endpoints are percent improvement from baseline in penile curvature deformity compared to placebo and the change from baseline (improvement) in the PD bother domain of the PDQ compared to placebo. The PDQ also has two additional domains as secondary endpoints, which include severity of psychological and physical symptoms of PD, and penile pain. Safety measurements include adverse event monitoring and clinical labs. Immunogenicity testing was also performed.
About the IMPRESS PDQThe PDQ is a 15-question assessment of the impact of PD on a subject using 3 domains: PD bother, psychological and physical symptoms of PD, and penile pain (at screening, week 24, and week 52). The PDQ is a proprietary questionnaire that Auxilium developed with the FDA following its phase IIb PD studies as a valid tool for measuring PD bother.
About XIAFLEXXIAFLEX (collagenase clostridium histolyticum; CCH) is a biologic approved in the U.S. and the EU for the treatment of adult Dupuytren's contracture (DC) patients with a palpable cord. XIAFLEX is a minimally invasive treatment for this condition and consists of a highly purified combination of two subtypes of collagenase, derived from Clostridium histolyticum, in specific proportion. Together, the collagenase sub-types work synergistically to break the bonds of the triple helix collagen structure more effectively than human collagenase. XIAFLEX is currently in phase III of development for the treatment of Peyronie's Disease (PD). CCH is in phase IIa of development for the treatment of Frozen Shoulder syndrome (adhesive capsulitis) and in phase Ib of development for the treatment of cellulite (edematous fibrosclerotic panniculopathy). XIAFLEX has been granted Orphan status in the U.S. by the FDA for DC and PD.About AuxiliumAuxilium is a specialty biopharmaceutical company with a focus on developing and marketing products to predominantly specialist audiences. Auxilium markets Testim® 1% (testosterone gel) for the topical treatment of hypogonadism and XIAFLEX® (collagenase clostridium histolyticum) for the treatment of adult Dupuytren's contracture patients with a palpable cord in the U.S. GlaxoSmithKline LLC co- promotes Testim with Auxilium in the U.S. Ferring International Center S.A. markets Testim in certain countries of the EU and Paladin Labs Inc. markets Testim in Canada. Pfizer Inc. has marketing rights for XIAPEX® (the EU tradename for collagenase clostridium histolyticum) in 46 countries in Eurasia through April 24, 2013; Asahi Kasei Pharma Corporation has development and commercial rights for XIAFLEX in Japan; and Actelion Pharmaceuticals Ltd has development and commercial rights for XIAFLEX in Canada, Australia, Brazil and Mexico. The sBLA for XIAFLEX for the treatment of Peyronie's disease was submitted to the FDA on November 6, 2012 and has been accepted for standard review with a PDUFA date of September 6, 2013. Additionally, collagenase clostridium histolyticum ("CCH") is in phase IIa of development for the treatment of Frozen Shoulder syndrome (adhesive capsulitis) and phase Ib of development for the treatment of cellulite (edematous fibrosclerotic panniculopathy). Auxilium also has rights to pursue additional indications for CCH. SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 This news release contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995, including statements made with respect to Auxilium's strategy, progress and timing of development programs and related trials, the efficacy of its product candidates, the commercial benefits available to it as a result of its agreements with third parties, future operations, financial position, future revenues, projected costs, prospects, plans and objectives of management and other statements regarding matters that are not historical facts, and involve predictions. These statements involve known and unknown risks, uncertainties and other factors that may cause actual results, performance, achievements or prospects to be materially different from any future results, performance, achievements or prospects expressed in or implied by such forward-looking statements. In some cases you can identify forward-looking statements by terminology such as ''may'', ''will'', ''should'', ''would'', ''expect'', ''intend'', ''plan'', ''anticipate'', ''believe'', ''estimate'', ''predict'', ''potential'', ''seem'', ''seek'', ''future'', ''continue'', or ''appear'' or the negative of these terms or similar expressions, although not all forward-looking statements contain these identifying words. No specific assurances can be given with respect to: whether XIAFLEX will be the first and only approved biologic therapy indicated for the treatment of PD; the size of the potential market for XIAFLEX for the treatment of PD; whether XIAFLEX, if approved for the treatment of PD, has the clinical profile to become a potential breakthrough procedure, will be a successful treatment for PD or will lead to an evolution in the standard of care for PD; and whether XIAFLEX represents a pipeline in a product with potential applications in multiple therapeutic areas that currently have limited options. Although forward-looking statements are based on Auxilium's current plans or assessments that are believed to be reasonable as of the date of this press release, they inherently involve certain risks and uncertainties. These forward-looking statements are subject to a number of risks and uncertainties, including those discussed under ''Risk Factors'' in Auxilium's Annual Report on Form 10-K for the year ended December 31, 2011, each of Auxilium's Quarterly Reports on Form 10-Q for the three months ended September 30, 2012, June 30, 2012 and March 31, 2012 and Auxilium's preliminary prospectus supplement and Current Report on Form 8-K, each filed with the Securities and Exchange Commission (the "SEC") on January 23, 2013. While Auxilium may elect to update the forward-looking statements made in this news release in the future, Auxilium specifically disclaims any obligation to do so. Auxilium's SEC filings may be accessed electronically by means of the SEC's home page on the Internet at http://www.sec.gov. There may be additional risks that Auxilium does not presently know or that Auxilium currently believes are immaterial which could also cause actual results to differ from those contained in the forward-looking statements.
Select the service that is right for you!COMPARE ALL SERVICES
Action Alerts PLUSTry it NOW
Jim Cramer and Stephanie Link actively manage a real portfolio and reveal their money management tactics while giving advanced notice before every trade.
Product Features:
- $2.5+ million portfolio
- Large-cap and dividend focus
- Intraday trade alerts from Cramer
- Weekly roundups
TheStreet Quant RatingsTry it NOW
Only $49.95/yr
Access the tool that DOMINATES the Russell 2000 and the S&P 500.
Product Features:
- Buy, hold, or sell recommendations for over 4,300 stocks
- Unlimited research reports on your favorite stocks
- A custom stock screener
- Upgrade/downgrade alerts
Stocks Under $10Try it NOW
David Peltier, uncovers low dollar stocks with extraordinary upside potential that are flying under Wall Street's radar.
Product Features:
- Model portfolio
- Stocks trading below $10
- Intraday trade alerts
- Weekly roundups
Dividend Stock AdvisorTry it NOW
Jim Cramer's protege, David Peltier, identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.
Product Features:
- Diversified model portfolio of dividend stocks
- Alerts when market news affect the portfolio
- Bi-weekly updates with exact steps to take - BUY, HOLD, SELL
Real Money ProTry it NOW
All of Real Money, plus 15 more of Wall Street's sharpest minds delivering actionable trading ideas, a comprehensive look at the market, and fundamental and technical analysis.
Product Features:
- Real Money + Doug Kass Plus 15 more Wall Street Pros
- Intraday commentary & news
- Ultra-actionable trading ideas
Options ProfitsTry it NOW
Our options trading pros provide daily market commentary and over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.
Product Features:
- 100+ monthly options trading ideas
- Actionable options commentary & news
- Real-time trading community
- Options TV


text:
Friday, December 26, 2014
Follow us:
Time Warner Cable video customers:Sign in with your TWC ID to access our video clips.
Sign in
Free Video Views Remaining
To get you to the stories you care about, we are offering everyone 10 video views per month.
Watch Video
Access to our video is always free for Time Warner Cable video customers who login with their TWC ID.
To view our videos, you need to
install Adobe Flash 9 or above. Install now.
Then come back here and refresh the page.
A new study finds that kids who spend a lot of time in front of the television are less physically fit in specific parts of their body. NY1's Cheryl Wills filed the following report.
Four pairs of healthy feet planted on the floor. Eight eyes glazed over locked on a television screen. A group of Parkchester children are all thumbs and that's all they need to play video games. Just ask 9-year-old Tavante Huggins.
"When I'm playing video games you exercising your hands," Huggins says.
And that's why it should come as no surprise that a new study finds what many doctors and parents already know: The longer children are planted in front of a TV screen, the more likely they will be thicker around the middle and less muscularly fit.
Fitness instructor Monifa Maat specializes in getting couch potatoes moving without leaving the comforts of home.
"For kids who don't like to get outside one thing we have to try to do is associate fitness with fun," says Maat.
And experts say it's important to get kids in motion. Researchers from the University of Montreal studied more than 1,300 children and found that too much TV watching specifically weakens explosive leg strength which is an important asset for sports like soccer, basketball and football.
Maat says there are lots of exercises kids can do right at home. "Exercises during the commercial break - jumping jacks, splits - they love these things," explains Maat.
Maat, who is the author of "The Bed-Aerobics Fitness Flow", says kids of all ages can get fit before they get out of bed.
"It's a series of calisthenics, resistance and stretch exercises that increase the blood flow, tones and also sheds calories," says Maat.
But experts say parents should limit their kids' TV viewing to a few hours a week so young people can build muscle and get some fresh air, too.
Reproduction in whole or in part without permission is prohibited.
© 1999-2014 Time Warner Cable Enterprises LLC. All Rights Reserved.
Web design and web development by Tipit.

subset: commoncrawl


text:
Product Description
The Callaway 2010 X-20 Irons feature new USGA conforming V-grooves, and take a long standing tradition of performance and forgiveness to another level. Designed to deliver innovation, playability, and forgiveness, the Callaway X-20 Iron Set has a traditional appearance with the latest technology to deliver the performance and forgiveness to get the most out of your game.
Item #:CALLAWAY-2010-X20-IRONS-STEEL-4S-NEW
Shipping Rates and Information
When will my golf products order ship?
Orders whose payments are received by 4PM ET (Eastern Time) ship the same day! There are a few exceptions to this when a golf products order is shipped directly from the manufacturer, and this is noted in the item description.
What are GolfEtail's shipping rates?
GolfEtail offers FREE ground shipping on all Continental US orders over $99. For all other golf product orders, GolfEtail.com provides a range of low cost shipping options based on your invoice total and the service you need. Below are our shipping rates:
When will I receive my golf products from GolfEtail?
Arrival times for golf product orders depend on 2 things:
Our warehouse is located on the west coast, so if your golf products order is destined for the East Coast via Ground Premium, then your order will arrive about a week later. Similarly if you live in the MidWest, then give it 3 or 4 business days.
Also understand shipments deliver Monday through Friday, so if you order Next Day Air on Friday morning your order will be delivered on Monday (regardless of where you live).
Similarly if you order 2 Day Air on Friday morning, then your golf products order will deliver Tuesday. Major holidays do play a role in transit times and may delay your order by another day, so take this into consideration.
Will I receive a tracking number after my golf products order ships?
Absolutely! You will receive a tracking number within a few hours of your order shipping and your golf products order can be tracked from our website. Please email us at firstname.lastname@example.com if you have any difficulties tracking your order.
What People Are Saying
Only $249.99
You Save 58%
Only $239.99
You Save 60%
Only $229.99
You Save 54%
Only $399.99
You Save 64%
Only $239.99
You Save 60%
Only $279.99
You Save 53%


text:
Wisconsin Energy Corp. became the latest utility to seek growth through consolidation with a $5.7 billion offer for Integrys Energy Group Inc., a deal that will almost double its customer base.
Dynegy Inc. , the third-largest U.S. independent power producer, may need to sell itself piece by piece after Blackstone Group LP 's $604.5 million offer to buy the whole company was rejected, analysts said.
Dynegy Inc ., the U.S. power producer with a shareholder vote scheduled Nov. 17 on a $540 million takeover by Blackstone Group LP , rose after a Pritchard Capital Partners analyst said the private equity firm may increase its $4.50-a-share offer to win approval.
Dynegy Inc. , the third-largest U.S. independent power producer, agreed to be acquired for $665 million by Icahn Enterprises LP after shareholders rejected a lower bid from Blackstone Group LP .
Dynegy Inc. shareholders will vote tomorrow on whether to accept a $4.50-a-share buyout offer from Blackstone Group LP or bet that the Houston-based power producer can rebound after its sixth quarterly loss in two years.
Dynegy Inc. shareholders will vote today whether to accept Blackstone Group LP 's sweetened $604.5 million takeover bid. The outcome is too close to call and rejection would force the power producer to renegotiate debt and search for another buyer, analysts said.
Calpine Corp. , the largest U.S. producer of power from natural gas, will be the biggest beneficiary of air-pollution rules proposed by the Obama administration, Pritchard Capital Partners LLC said.
Dynegy Inc. , the third-largest U.S. independent power producer, agreed with Blackstone Group LP to scrap a $604.5 million takeover because of shareholder opposition. Dynegy will seek new bids and may sell assets, cut costs and restructure debt to continue as a standalone company.
Blackstone Group LP raised its bid for U.S. power producer Dynegy Inc. to $604.5 million, an 11 percent increase, calling that its "best and final offer" in response to opposition before a scheduled shareholder vote tomorrow.
Dynegy Inc . said the Federal Energy Regulatory Commission, or FERC, has approved an application by Dynegy and an affiliate of Icahn Enterprises LP related to the proposed acquisition of Dynegy by IEP.
"It's a great deal for Integrys shareholders."
- Charles Fishman on Jun 23, 2014


text:
Something is Not Rotten in Denmark ...7:47 pm
From the Times Online:
THE Danish editor who brought the fury of the Muslim world on his country by printing pictures of the Prophet Muhammad defiantly declared yesterday: "We do not apologise for printing the cartoons. It was our right to do so."
As protests continued for a second day in Gaza with shouts of "Death to Denmark', Flemming Rose, the culture editor of the centre-right daily newspaper Jyllands-Posten, sat in his book-lined office declaring his surprise at the reaction.
He said that he had to stand his ground because, as in the Salman Rushdie affair, freedom of speech was being threatened. "There is a lot at stake. It would be very naive to think this is only about Jyllands-Posten and 12 cartoons and apologising or not apologising.
"This is about standing for fundamental values that have been the (foundation) for the development of Western democracies over several hundred years, and we are now in a situation where those values are being challenged,' he said.
"I think some of the Muslims who have reacted very strongly to these cartoons are being driven by totalitarian and authoritarian impulses, and the nature of these impulses is that if you give in once they will just put forward new requirements."
Addendum: A French newspaper called France Soir has now reprinted the cartoons in question. From the BBC:
France Soir said it had published the cartoons to show that "religious dogma" had no place in a secular society.
Their publication in Denmark has led to protests in several Arab nations.
Responding to France Soir's move, the French government said it supported press freedom – but added that beliefs and religions must be respected.
Islamic tradition bans depictions of the Prophet Muhammad or Allah.
Under the headline "Yes, we have the right to caricature God", France Soir ran a front page cartoon of Buddhist, Jewish, Muslim and Christian gods floating on a cloud.
It shows the Christian deity saying: "Don't complain, Muhammad, we've all been caricatured here."
The full set of Danish drawings, some of which depict the Prophet Muhammad as a terrorist, were printed on the inside pages.
France Soir has a website but doesn't appear to have this story online.
Now, RWB definitely thinks it's good practice and good manners not to make fun of anyone's religious figures. This, however, has become an issue of to what extent Western societies will give in to threats, intimidation and violence in order to appease the followers of a radical Islam that daily proves itself incompatible with modernity and freedom. Vive la France Soir.
Addendum II: Now following suit (via the BBC again) is La Stampa of Italy, El Periodico of Spain, and Germany's Die Welt.
Addendum III: Michelle Malkin has a story of another cartoon, and a different way of expressing outrage.
Google, Evil, etc. ...12:15 pm
Thanks to the reader who writes "You've yet to be deemed censorable by China/Google," and affirms that this site is still the number one search result at http://www.google.cn for "Right Wing Bob." And welcome to the millions of Chinese now getting all their news about the outside world from RightWingBob.com. The first thing you need to know: out here in the Occident, we're all obsessive fans of this Bob Dylan guy. His is the prism that shapes our reality.
Joking aside, Google's kow-tow to the Chinese government is contemptible, of-course. And in the light of their recent resistance to varying attempts at interference or data collection by both the U.S. Government and the E.U., they are effectively demonstrating that they are only willing to compromise their precious database and their high-minded principles if asked to by a communist regime.
Assumptions were already common about the inherent leftist tilt of Google's founders and operators, but this double-standard regarding censorship (unacceptable if sought by western democratic governments; "just tell us what you'd like us to leave out!" if sought by commies) is pretty stomach-churning. What is this if not a kind of romanticization of communist motives for censorship, versus what others might do in the realm of, for example, obscenity? And Google, more than anyone, was surely in a position to leverage their position and make a stand for freedom of information.
This website uses Google in a variety of ways. It still appears to be the best functioning search engine around, and serves my purpose for this site better than any alternative I know right now. I've found Gmail convenient and useful. I run some Google Ads in an attempt to harvest a few pennies. I'm not about to hop precipitiously on a politically-motivated boycott of the some of the best web technology available, but I'm reviewing my options, no doubt like a lot of people. Basically, by doing what it is doing, Google is damaging its public persona and reputation, and competitors should take note and should take advantage.
While we're at it, the Google search of the day must be "Bob Dylan antichrist," by which some curious surfer found this site a little while ago, ranked at number three on the Google Hot 106,000. I trust that this surfer had his/her fears allayed … but who knows?
Monday, January 30, 2006
Times Sneak Peek! ...9:47 pm
Great news: a dear friend of RWB (FORWB?) motored down to San Diego yesterday and saw The Times They Are A-Changin', the new Broadway-bound musical of Bob Dylan songs directed by Twyla Tharp, currently in previews at the Old Globe Theater.
Even better news: she called and told me about it today. (… continue reading …)
Sunday, January 29, 2006
Dans Le Jardin ...8:37 pm
Dylan played in the town of Lille, in France on March 22nd, 1995. The eleventh song performed that night was In the Garden.
(If you listen till the end of that track, you'll hear some charming band intro talk from Bob; roughly: Thanks everybody! All right! I want to introduce the guitar player: J.J. Jackson from … J.J. from … I can't remember where he is from. On the drums Winston Watson, give him a big hand! [ applause] Not too big a hand! Over there on the steel guitar, that's the one and only Bucky! Bucky Baxter. Played about 300 shows with me. Only about 2 drunk! On the bass guitar Tony Garnier. We're gonna get out of here right now.
Don't Ask ...3:02 pm
From SignOnSanDiego.com today:
From the moment the show was announced, "The Times They Are A-Changin' ' has been shrouded in secrecy (… continue reading …)
Saturday, January 28, 2006
You that Hide Behind Walls ...10:03 pm
After leading hundreds of thousands of no doubt enraged Cuban citizens to protest the U.S. Mission's electronic sign in Havana (as referred to in a previous post), Castro has come up with a suitably blunt solution: build a wall.
Cuban workers wielding jackhammers and other equipment have begun erecting a structure that observers believe is likely to block the view of the sign, which transmits messages from people including the Rev. Martin Luther King Jr., Abraham Lincoln and President Bush.
"No man is good enough to govern another man without that other's consent," Lincoln's quote reads.
Also passing slowly on the 5-foot-high ticker, which is on the building's fifth floor and is illuminated only at night, is a quote by Voltaire that reads, "Man is free in the moment he wishes to be free."
Harry Belafonte couldn't be reached for comment.
Bono in Antichrist Flap ...9:22 am
A U2 fan attended one of their recent concerts in Madison Square Garden, New York, and came away a little taken aback:
About five songs into their set, Bono stopped the show and strapped on a headband with writing on it. I stared up at the JumboTron to see that the handwritten lettering said: COEXIST.
Coexisting sounds like a great idea. I fully support the peaceful philanthropy that Bono has encouraged, and this seemed like another way that he was trying to spread the message.
Except, it started to feel like more than a political message. The "C" in "coexist" was the Islamic crescent moon, the "X" was the Star of David, and the "T" was the cross of Christ. Bono pointed at the symbols on his headband – first to the cross, then to the star, then to the crescent moon – and he began to repeat:
"Jesus, Jew, Mohammed – all true. Jesus, Jew, Mohammed – all true."
He repeated the words like a mantra, and some people even began to repeat it with him. I suddenly wanted to crawl out of my skin.
After the show, I ran into a friend who had been sitting in the back row of farthest. "What did you think of that headband thing?" I asked. "Well, I couldn't hear what he was saying because it was bouncing off the wall behind me, and I couldn't read the headband, because I wasn't near a JumboTron. But honestly, I felt like I was witnessing an antichrist." I stood frozen as she spoke. I'd had the same feeling.
Let me be clear: I'm not saying that Bono is the Antichrist. Perhaps he's just guilty of being overzealous about his politics. But I hope that if he is a believer, the Holy Spirit will convince him that equating Christianity with other religions is false prophecy.
Well. Putting aside the problematic theology that the Reverend Bono is promulgating (assuming that this whole account is true*), doesn't it seem like he is pushing that "COEXIST" message to an audience for whom it is rather redundant? I mean, New Yorkers? Does Bono have the impression that people are being slaughtered for their faith out on 7th Avenue every day? And he's just the guy to teach them how to be tolerant?
Now, say U2 put on a free concert in Saudi Arabia (what a great idea!). Maybe near that place with the pillars where they stone the devil. Bono can wear the "COEXIST" headband there, and preach, "Jesus, Jew, Mohammed – all true." I think it might be very eye-opening for the audience. And maybe for the Reverend Bono too.
*Addendum: Thanks to John Murphy for emailing me a correction to this post. That is: Bono's in-concert coexist rant appears to be slightly although significantly different to what is quoted above. As on this YouTube clip, he says: "Jesus, Jew, Mohammed it's true … all sons of Abraham." And then he calls on Abraham to call on his sons to stop fighting, essentially.
Well, you can argue that Christianity, Islam and Judaism are all Abrahamic faiths; in fact they are officially considered such by those experts who make these kinds of designations. So Bono's statement, as such, is not egregiously or even technically incorrect. The question remains, however, as to the value of him stating it to huge and almost entirely Christian audiences, versus taking it on the road to Mecca and Medina …
Friday, January 27, 2006
Peekaboo ...1:44 pm
I'll bite. This article in the Washington Post by Gene Weingarten, about a children's entertainer called "The Great Zucchini," is being linked around a lot today, with good reason. It's long, but just long enough.
Shocked! ...9:44 am
Unintentionally hilarious headline of the day is this from VOA: Israelis, Palestinians Shocked by Hamas Landslide. You would think it must include interviews with man-in-the-street Palestinians, saying something like, "Sure, I voted for Hamas because I like their policies about killing the Jews, destroying Israel and establishing an Islamic theocracy in its place. But I always thought I was the only one!" Such quotes are not to be found, however.
More presumably unintentional yuks at the end of the piece:
Israel is also scheduled to transfer customs revenue to the Palestinian Authority that it collects on behalf of Palestinians. On Friday a senior Israeli finance official voiced concerns about how to transfer funds to any future government that calls for Israel's destruction. Palestinian officials say if they do not receive the funds soon they will not be able to pay an estimated 135-thousand Palestinian civil servants. And that, one Palestinian official warned, would be a recipe for violence.
I'd like to know what doesn't constitute a "recipe for violence" on any given day with these types. That would be informative.
Thursday, January 26, 2006
The Times it has debuted ...8:20 pm
There is likely to be a lot on this as time goes on, so I think I'll divert these posts off the home page. (… continue reading …)
Seeing the Real You at Last ...7:35 pm
So the peace process marches on, with Hamas sweeping the Palestinian elections. Anyone with an unblinkered idea of how the Palestinian people feel about things ( about things like Jews, for instance) could have seen this coming, although the margin of victory for the bloodthirsty-suicidal-murder-party (as versus the slightly more moderate bloodthirsty-suicidal-murder-party) is certainly striking today. Still, democracy remains a wonderful thing. You make your choices and you live with the consequences. The Palestinian people made a bad choice, and now they are going to go through a learning process and, if they're lucky, at the end of it they might realize what a bad choice they made. And if they're doubly lucky, they might be able to make a new choice someday. The learning process could involve a lot of things. It's difficult to predict details when there are so many murderous fanatical lunatics running around, but it's safe to say that things are going to go from bad to worse. But, in a sense, in the larger scheme of things, the peace process really is marching on.
Well, I don't mind a reasonable amount of trouble,
Trouble always comes to pass
But all I care about now
Is that I'm seeing the real you at last.
Singin' Love's Praises with Sugar-Coated Rhyme ...3:36 pm
RWB is not a Roman Catholic, but has been enjoying reading Pope Benedict XVI's new encyclical, God is Love (from the First Letter of John, 4:16: "God is love, and he who abides in love abides in God, and God abides in him."). One of the enjoyable aspects of this encyclical—for a non-Catholic—is its thoroughly scriptural underpinnings. For that and other reasons, it succeeds in being eminently accessible and clarifying. Reading the snippets published in the general media doesn't come close to conveying the nature of the actual document (full text in English here), though it wouldn't hurt to read Richard John Neuhaus's inital reaction to the encyclical over at First Things (full disclosure: I've done a little web-work for that outfit).
The New York Sun today finds ways of relating Benedict's choice of subject matter to the "clash of civilizations," and in particular the necessity to point out crucial and practical theological distinctions between Christianity and Islam, and indeed you could see it that way: "In a world where the name of God is sometimes associated with vengeance or even a duty of hatred and violence[RWB's emphasis], this message is both timely and significant. For this reason, I wish in my first Encyclical to speak of the love which God lavishes upon us and which we in turn must share with others."
However, merely as an edifying and educational meditation on, well, God, I don't think you could easily find much better than Benedict's latest piece. Here's a couple of snippets picked by yours truly. Starting with a necessary defining of terms—the varying forms of love being considered—Benedict progresses to a wonderful and moving illustration of the nature of God's love in these same terms, as evidenced in the Bible.
In philosophical and theological debate, these distinctions have often been radicalized to the point of establishing a clear antithesis between them: descending, oblative love—agape—would be typically Christian, while on the other hand ascending, possessive or covetous love —eros—would be typical of non-Christian, and particularly Greek culture. Were this antithesis to be taken to extremes, the essence of Christianity would be detached from the vital relations fundamental to human existence, and would become a world apart, admirable perhaps, but decisively cut off from the complex fabric of human life. Yet eros and agape—ascending love and descending love—can never be completely separated. The more the two, in their different aspects, find a proper unity in the one reality of love, the more the true nature of love in general is realized. Even if eros is at first mainly covetous and ascending, a fascination for the great promise of happiness, in drawing near to the other, it is less and less concerned with itself, increasingly seeks the happiness of the other, is concerned more and more with the beloved, bestows itself and wants to "be there for' the other. The element of agape thus enters into this love, for otherwise eros is impoverished and even loses its own nature. On the other hand, man cannot live by oblative, descending love alone. He cannot always give, he must also receive. Anyone who wishes to give love must also receive love as a gift. Certainly, as the Lord tells us, one can become a source from which rivers of living water flow (cf. Jn 7:37-38). Yet to become such a source, one must constantly drink anew from the original source, which is Jesus Christ, from whose pierced heart flows the love of God (cf. Jn 19:34).
The Prophets, particularly Hosea and Ezekiel, described God's passion for his people using boldly erotic images. God's relationship with Israel is described using the metaphors of betrothal and marriage; idolatry is thus adultery and prostitution. Here we find a specific reference—as we have seen—to the fertility cults and their abuse of eros, but also a description of the relationship of fidelity between Israel and her God. The history of the love-relationship between God and Israel consists, at the deepest level, in the fact that he gives her the Torah, thereby opening Israel's eyes to man's true nature and showing her the path leading to true humanism. It consists in the fact that man, through a life of fidelity to the one God, comes to experience himself as loved by God, and discovers joy in truth and in righteousness—a joy in God which becomes his essential happiness: "Whom do I have in heaven but you? And there is nothing upon earth that I desire besides you … for me it is good to be near God' (Ps 73 [72]:25, 28).
We have seen that God's eros for man is also totally agape. This is not only because it is bestowed in a completely gratuitous manner, without any previous merit, but also because it is love which forgives. Hosea above all shows us that this agape dimension of God's love for man goes far beyond the aspect of gratuity. Israel has committed "adultery' and has broken the covenant; God should judge and repudiate her. It is precisely at this point that God is revealed to be God and not man: "How can I give you up, O Ephraim! How can I hand you over, O Israel! … My heart recoils within me, my compassion grows warm and tender. I will not execute my fierce anger, I will not again destroy Ephraim; for I am God and not man, the Holy One in your midst' (Hos 11:8-9). God's passionate love for his people—for humanity—is at the same time a forgiving love. It is so great that it turns God against himself, his love against his justice. Here Christians can see a dim prefigurement of the mystery of the Cross: so great is God's love for man that by becoming man he follows him even into death, and so reconciles justice and love.
Well the future for me is already a thing of the past
You were my first love and you will be my last
Original text copyright ©
2004 - 2011 by RightWingBob.com
Quotes from the works of others are linked to their source or are as otherwise attributed, and are used in accordance with Fair Use guidelines. Contact: rightwingbob(at)gmail.com


text:
Prices shown in currencies other than USA Dollars are estimates based on current exchange rates. We will charge your credit card in USA Dollars on the day your order is shipped, and the conversion to your local currency will be done at the prevailing rate by your credit card issuer.
Shipments outside the USA are declared as "bike parts" for customs purposes and will include the actual amount paid for merchandise and shipping. Jenson USA will not mark your parcel as a "gift", declare a value lower than the actual price paid, or otherwise prepare false customs information.
Tell a friend! We'll send your friends the page and your message.
Note: You and your friend's email addresses are only used once as a referral. We will not collect or store the email addresses.
Constructed from extremely tough Grilamid TR-90 homopolyamide nylon, the Veloce contains extremely high alternative bending strength and resistance to chemical and UV damage. Hydrophilic rubber ear and nose pieces prevent slippage so that your glasses stay fixed to your face and your hands stay fixed to your handlebar. The ear and nose pieces are adjustable, allowing you to dial in the most comfortable fit. With the Tyrant 2.0 gracing your eyes, your vision is never to be obstructed, as the vented lens enhances air circulation to prevent fogging. Don't let a name like "Veloce" fool you into thinking these are fragile, limited shades. The Veloce is versatile and ready to take on whatever your adventures may throw at them.
Reviewed by 2 customers
Sort by
Best Uses
Comments about Tifosi Veloce Sunglasses:
I use these glasses for cycling and general outdoor wear. The filtration is excellent with very little color distortion or loss of clarity.
Best Uses
Comments about Tifosi Veloce Sunglasses:
Was in the market for a pair of shades and run a cross these, won't even know you have them on when riding. Lite weight. Inter change able lenses, actually use them for regular sun glasses once and awhile.
Jenson USA ships worldwide, including APO/FPO addresses. For a quote, simply add the items you are interested in to your shopping cart and look for the "Shipping Options" box. You don't have to login or create an account to see shipping charges.
Some manufacturers restrict where we can ship their products. If this item has shipping restrictions, they are listed below. If you'd like to buy an item that we cannot ship to your preferred address, we can accept your foreign credit card and ship to a USA address for you.
Get free shipping with your $50 purchase today when you choose Standard Shipping at checkout. Please note this offer is only available to physical shipping addresses in the 48 continental United States (no PO Boxes), and oversize charges still apply on some heavy/large items
Get free Standard Shipping with your $50 purchase today! Just choose Standard Shipping during checkout.
Please note this offer is only available to physical shipping addresses in the 48 continental United States (no PO Boxes), and oversize charges still apply on some heavy/large items.


text:
Broadcom Senior Staff IC Design Engineer Salary in San Diego, CA
Base Salary
Total Compensation
Base Salary
Total Compensation
Additional Compensation
Profit Sharing, Commission Sharing, Tips have not been reported for this role.
- Health Insurance
"About the best vision, dental, health pkg anywhere; the only thing that would be better is not having to contribute from paycheck." (12 comments)
- 401K Plan
"Company contribution percentage is good but could be a bit more." (6 comments)
- Vacation & Paid Time Off
"This is one of the best things about Broadcom. Broadcom has unlimited vacation time and does not track vacation taken." (3 comments)
Be the first to get salary and job alerts
Broadcom Photos
Explore Senior Staff IC Design Engineer SalariesSenior Staff IC Design Engineer Salaries by Location
Looking beyond Broadcom?
Check out the latest Senior Staff IC Design Engineer Jobs or see Senior Staff IC Design Engineer Salaries at other companies.
See if they're hiring! Check out the latest Broadcom Jobs


text:
11% ABV from a bomber
The Great Sports Trivia Quiz
Oh, the silly games men play.
It started with some casual shit-talking over e-mail on Friday.
Sal goofed on Graig for having lost to him in the recent College Bowl Mania challenge on ESPN.com. He noted that Graig was lucky the contest had been so close, quote:
"I have sharted more sports knowledge than [Graig] has in that goofy head of his."
Graig responded promptly:
"Any time, any place…sports trivia challenge. I would MURDER you and you know it."
And, since I am an classic goader, egger on, and rabble rouser, I responded:
"If you wish, I will compose an all-sports trivia challenge for you two, to be competed over in the afternoon on Saturday."
I knew Graig, a fiery competitor and prolific gambler, would relish the challenge, would put his money where his mouth is, but I wasn't so sure about Sal. As Sal waffled for a few minutes, I continued trying to get this deal arranged. Why you might ask? Because few things are as interesting as watching two friends fight hard in a competition. Sal and Graig are since-college best friends, former roommates, and currently coworkers, so a gambling competition between the two all but guaranteed fireworks.
Perhaps worried that Sal would pass, Graig told Sal he'd pay his apartment mortgage for February if Sal beat him. Finally, after about an hour of deliberations, Sal and Graig agreed on the deal. One-hundred all-sports trivia questions, $20 per correct answer, questions to be approximately split up into these categorical proportions.:
Obscure sports………………..2 questions
Women's hoops………………..2
Winter Olympics……………….4
Summer Olympics……………..4
College basketball……………12
College football……………….12
Now came the tough part. Composing the quiz. It was only 2 in the afternoon, but I put aside all my work and plans for the day–seriously–because I knew how hard it is to make a trivia quiz. Oh, sure, you think can just quickly google "sports trivia" and cut and paste together a 100 question challenge. But that would neither be fair to Graig nor Sal. And, most online sports trivia is insultingly easy.
First, I quickly formed an ad hoc trivia team, shot out a cc'ed e-mail to a half dozen of my most sports-savvy friends, asking them to send me some of their favorite questions related to sports arcana. Soon, the questions were flying in–and they were good.
Meanwhile, I began writing out some of my all-time favorites questions that I've gathered from three decades of being a sports nerds ("Who was the first European to win the Masters?," "Who was born Edson Arantes do Nascimento?," "This man, nicknamed "The Bayonne Bleeder," was purportedly the inspiration for Rocky Balboa?," etc).
After an hour, I realized this was going to be even tougher than I had imagined. I had only written and assimilated a dozen questions or so. Twelve quality questions to actually ask my friends. With such high-stakes involved, I couldn't give them any garbage. I was shooting to write a quiz that neither had questions so hard that only the Schwab could get them, nor questions so easy that everyone's mom could get them. In the past, I'd composed some trivia quizzes for friends, but never more than 10 or 20 questions. 100 was downright unwieldy, this was clearly going to be a Herculean task.
I had dinner plans with a girl that night but was forced to cancel them to give me more time. Time I would certainly need. And, no I did not tell the girl I was choosing to compose a nerdy sports trivia quiz instead of dining and drinking with her. To keep me company I popped a bottle of Southern Tier's Choklat, an asskicking imperial stout. Terrificly smooth while still being quite potent, this was perhaps the most chocolatey beer I've ever had. Certainly right up there with Ommegang's Chocolate Indulgence, Brooklyn's Black Chocolate Stout, and Samuel Adam's Chocolate Bock. I enjoyed the hell out of it, though its hidden booziness had me quite toasted just halfway through the bomber, giving me all sorts of drunken, wacky ideas for what sorts of questions to ask my friends ("Hmmmm…I wonder if, 'Who was Webster's father?' would be a good trivia question?")
By midnight, I had completed the 100 question quiz. I was absolutely drained. Sadly, this was some of the most grueling work of my life. I should work for the Elias Sports Bureau. Of the 100 questions, I was quite proud of at least 80 of them, and was pumped to see how my friends would fare.
I got to my Graig's apartment in Jersey City before noon the next day. We all had plans to attend the Syracuse/Rutgers basketball tilt in New Brunswick that evening to root on our alma mater, so we had no time to spare. I figured it would take about two hours to get through all one-hundred questions. Countless other friends of mine were quite intrigued by the challenge. Many of these people don't even know Graig or Sal but they couldn't wait to hear the results. Most were curious how each man would behave. Graig is quiet and humble, a huge competitor that takes losses hard. If he lost I could see him locking himself in the bathroom and crying, perhaps walking into a semi truck, maybe even skipping the basketball game altogether so as to grieve. Sal on the other hand is like the Incredible Hulk when he is angry, which is quite often for the hulking man. I was almost certain he would break something if he lost. He quite possibly would start some fisticuffs with Graig. Or me! I made sure my questions were well-vetted as I didn't want any ambiguity in my answers to cause Sal to lose and thus lead to him pummeling me.
I couldn't set a gambling line on the battle for several reasons. Both men know sports trivia quite well, but their knowledge is spread over different subjects. Likewise, Graig is well-known for getting jittery and, dare say, choking during competition. In fact, as I arrived at his apartment, he was literally quivering. Antsy, nervous, jumping around, like some fourteen-year-old kid who had been brought by his libidinous father to a brothel in order to lose his virginity. I'd never seen someone so freaked out about something so borderline futile. On the other hand, Sal was cool as an unbrined pickle, laughing, joking around, mocking Graig's nerves, and even using some gamesmanship trash-talking to make his buddy even more scared.
Graig had no choice but to calm his nerves via drink. We had twenty-four beers on hand and by the end of the quiz, the three of us had blown through them all. A good decision I'm not so sure, but it was certainly a fun one. Graig got the first question right, but that was one of his few successes for the day. Sal charged out in front early and at one point was seven questions and $140 ahead, laughing, giggling, and clowning on Graig like Gary Payton smacked on the countless lesser NBA points that couldn't guard him.
Three and a half hours later, all three of us were wasted and absolutely drained, too tired to even be that celebratory in victory or that demoralized in defeat. No one cried, nothing was broken, friendships were maintained, and your Vice Blogging moderator was not punched.
Sal prevailed by a score of 32 total corrects to 30 for Graig, netting the big guy a cool $40. Clearly, I had made the questions too hard by an order of magnitude. We all agreed that next time, they would write 100 questions and I would be forced under the sports trivial heat lamp to see how I fare. Can't wait.
(To view the full quiz, click here. Highlight under each question to see the correct answer. And, if any of you fools out there actually take the entire quiz, I'd love to hear your scores. Please post in the comments.)


text:
Guardian Back-Up, Tanto, Serrated Edge
The Guardian Back-Up Tanto is the perfect option for those seeking a tactical boot knife with a single edge blade.
- Made in the USA
- TacHide Handle - For secure grip in all conditions
- All Black - For discreet use
- Partially Serrated Tanto Point Tactical Blade
- Adjustable Sheath Retention
What a nice blade. Came pretty sharp but I gave it a nice once over with my DMT Diafold. I could shave with it. Holds an edge beautifully. Nice job Gerber. It's in my boot every tour.
Very useful knife great for everyday belt knife of boot wish you had the partial serration on front half of top side if the knife and just one long blade on the other
A little pricey but besides that great light weight knife. Excellent for everyday carry.
This is a great knife. Holds a good edge and is very good for it's price. I would say though that because the blade is so short it should come without the teeth. I find the teeth to be annoying then useful on a knife this short. Otherwise it's a great knife.
I think this knife is great it holds an edge very well, the handle has a lot of grip to it. I bought this knife to fit in my boot unfortunately the clip in the sheath does not provide enough of gap, in other words my boot is to thick. I still wear it on my belt though because it sits high enough to be mostly concealed by a T-shirt and is a good all around knife.
I've owned several of these over the years each model year is just as good as the last, and lasts for years of use.
I have many Gerber knives. Was looking for a small back-up to fit in my boot or vest. Sharp aint the word. This is an excellent back-up. Keep it up Gerber, give us more!


text:
In 1991 my mother suffered a severe stroke. I began sewing aprons and clothing adaptations for her. In 2001, I made a bag for my mother's wheelchair using two inexpensive placemats. When she first saw the bag, she exclaimed, "Pretty!" This wouldn't be a ground-breaking revelation, except for the fact my mother was able to speak only once in a great while when
she felt very strongly about something.
Along with color and creativity, we hope to initiate a circle of sharing and caring. It is our desire that the maker of the item gains as much pleasure from creating the item as the recipient gets from receiving it and using it. If the maker is the person who will use it, we hope that this person will enjoy the compliments given by those viewing his or her artistic interpretation of these patterns and projects.


text:
Dave Eggers Deserves a 'Smile' for Getting the Internet Wrong in The Circle
The author is getting more "frowns" than "smiles" for his depiction of "the world's most powerful Internet company."
Skip to content, or skip to search.
Skip to content, or skip to search.
The author is getting more "frowns" than "smiles" for his depiction of "the world's most powerful Internet company."
And it's hard to ignore.
Directed by Run Lola Run's Tom Tykwer.
It's called reading, guys.
It's the movie he wrote with John Krasinski and Dave Eggers.
Though he'd still be willing to star in it.
He co-wrote the movie with John Krasinski.
In which we explain the name.
For Game 1 at AT&T Park: Texas Rangers vs. the San Francisco Giants.
Books, remember those?
A blogger cuts through the speculation on the venerable publication's new editorship with a boldly counterintuitive idea.
Illinois fans turn on a dime, and a blogger finds the link between Sarah Palin and Dave Eggers.
Are you ready for another Dave Eggers–penned film for adults that looks deceptively like one for kids?
Earliest projections could be sign of a big hit.
Plus: Taylor Swift not too concerned about hurting other peoples' feelings.
$5.99 will get you six months worth of daily updates on your iPhone from everyone's favorite literary website.
It certainly looks familiar, doesn't it?
Plus: Dave Eggers's uncle learns his dark secret.
He discusses some of his favorite films with the 'Guardian.'
It has a distinct Cameron Crowe by way of Fox Searchlight feel to it, which isn't necessarily a cause for concern.


text:
Latest News, NBA / May 8, 2013 / 10:41 pm
You Have to See This Photo of Joakim Noah Getting Ejected From Tonight's Game
Just … wow. (Click for a larger view)
For breaking news, rumors, exclusive content, and contests sent right to your inbox, sign up here for the Dime Email Newsletter.
Follow Dime Magazine on Twitter
Become a fan of Dime Magazine on Facebook


text:
It was 2013 World Series champion commemorative ring night at Fenway Park, so fans at Tuesday's game received rings modeled after those given to the Boston Red Sox.
While the Red Sox took on the Toronto Blue Jays, fans of all ages took to Twitter to show off their "Sox bling." Check it out.
@RedSox #redsox #myfenway #boston #soxbling Waited a long time for 2004. Blessed to finally have a ring from 2013!! http://t.co/I95Gi0mJ69—
James Daley (@jaimepacquiao) May 20, 2014
Kid Nation showing #SoxBling at #myfenway. @RedSox http://t.co/ZETtHYDZ4W—
Molly McPherson ツ (@MollyonMedia) May 20, 2014
#SoxBling #myfenway http://t.co/tANlNQXhsh—
Leah (@Prinny_Lee) May 20, 2014
Stephen Drew's Impending Return Shakes...
Thank you @RedSox! #SoxBling #MyFenway http://t.co/5FQIcVv6UE—
Mitansh Shah (@TheMitanshShah) May 20, 2014


text:
Illuminating computer support
For your business in Okotoks and the foothills
Welcome to meta-logica ( a.k.a. Okotoks Computers )
meta-logica designs, builds and maintains high quality and reliable computer networks for small to medium sized businesses in the Foothills of Southern Alberta. We shape technology around each individual client's needs, standards and budget.
Click here to see what other people have to say about us.
Peter - Owner & Principal Consultant of meta-logica - fits 20+ years of computer experience into the budget and needs of your small to medium sized business. We support Windows, Linux and Macintosh environments.
Contact us today for a free on-site evaluation.
From website design to network infrastructure. From individual desktop support to Voice Over IP (VOIP) solutions.
Our in-house knowledge plus strategic partnerships makes meta-logica your one-stop-shop for anything technology.
We charge reasonable hourly rates or make price per project, you choose. We make special deals with startup companies, to ease the initial cost.
Using Free and Open Source Software (FOSS) whenever possible is an excellent way to save money (no license fees / no recurring maintenance contracts) without giving up on functionality.
We aim :
+ To provide our clients with the best price/quality service,
hardware & software available.
+ To satisfy our clients with the quality and availability of our
services at all times.
+ To fully understand the industry, business, constraints and
opportunities of each of our clients.
What does "meta-logica" mean?
meta (from Greek: μετα) : "beyond"
logica (derived from logic) : "the system of operations performed by a computer"
nickname : Okotoks Computers
Contact Me


text:
Are you a TV Fanatic?
Sign up for our daily newsletter to receive personalized television news for free!
Christina Ricci guest stars as a new client on this installment of The Good Wife.
A woman decides to show how to do a breast exam on live television.
Cary's father pays a visit.
Alicia helps Laura Hellinger get a job in Peter's office.
Therese agrees not to pull similar shenanigans again.
Diane and Will stop the sale of Lockhart Gardner.


text:
We live in a world ruled by fictions of every kind -- mass merchandising, advertising, politics conducted as a branch of advertising, the instant translation of science and technology into popular imagery, the increasing blurring and intermingling of identities within the realm of consumer goods, the preempting of any free or original imaginative response to experience by the television screen. We live inside an enormous novel. For the writer in particular it is less and less necessary for him to invent the fictional content of his novel. The fiction is already there. The writer's task is to invent the reality.J. G. Ballard
Science fiction is no more written for scientists than ghost stories are written for ghosts.Brian Wilson Aldiss
It is change, continuing change, inevitable change, that is the dominant factor in society today. No sensible decision can be made any longer without taking into account not only the world as it is, but the world as it will be ... This, in turn, means that our statesmen, our businessmen, our everyman must take on a science fictional way of thinking.Isaac Asimov
Individual science fiction stories may seem as trivial as ever to the blinder critics and philosophers of today but the core of science fiction, its essence, the concept around which it revolves, has become crucial to our salvation if we are to be saved at all.Isaac Asimov
One of the stranger beliefs in science fiction is a passionate belief in Beautiful Writing--lots and lots of extraspecial exciting words thrown no hurled no CASCADED upon the reader in a shimmering shower of precious verbal gleaming gleanings and a singing pillar of righteous fiery syntactic spinach. The only thing that was good in that sentence was the spinach, and the hell with it.John Barnes
Seventeen years after its intial release, The Empire Strikes Back is still as thrilling and involving as ever. Because of the high quality of the original product, it doesn't show a hint of dating. Neither [Star Wars Episode IV: A New Hope nor Star Wars Episode VI: Return of the Jedi] were able to match the narrative scope of Empire, which today remains one of the finest and most rousing science fiction tales ever committed to the screen.James Berardinelli
Since 1977, there have been many science fiction movies, but none has managed to equal [A New Hope's] blend of adventure, likable characters, and epic storytelling.James Berardinelli
Although The Terminator is arguably the more visionary of the first two films, [Terminator 2] is the more visually and viscerally satisfying. It's an exhausting experience and, even 18 years after its release (as I write this review), few films have matched it within the science fiction genre for sheer white-knuckle exhilaration.James Berardinelli
My favorite was this new program that I looked at, I wish I had seen it in 3D, and you sit there and you watch this science fiction thing unfold in front of you.Joseph Robinette
Blade Runner is a rare science fiction movie so full of material that pages can be written about it without scratching the surface. A review like this can provide little more than an overview. A detailed exploration of the movie, its style, and its mysteries requires dedication that only someone immersed in Blade Runner lore can provide.James Berardinelli
Science fiction encourages us to explore... all the futures, good and bad, that the human mind can envision.Marion Eleanor Zimmer Bradley
One of the biggest roles of science fiction is to prepare people to accept the future without pain and to encourage a flexibility of mind. Politicians should read science fiction, not westerns and detective stories. Two-thirds of 2001 is realistic hardware and technology to establish background for the metaphysical, philosophical, and religious meanings later.William Clark


text:
Reader Cup
Larry Dierker Celebrity Golf Tournament
Larry Dierker, retired Houston Astros pitcher, author of My Team and It Ain't Brain Surgery, and Literacy Advance Board member and volunteer tutor, hosts the annual Reader Cup golf tournament, benefiting Literacy Advance and its free programs for the Houston community.
"I play in dozens of tournaments every year that raise a lot of money for various organizations, many of which represent serious diseases. I am happy to do that. I'm not a doctor; I cannot cure a disease. At Literacy Advance I am personally part of the solution and I know we make a difference." ~ Larry Dierker
As the education level of adults improves, so does their children's success in school. Helping low-literate adults improve their basic skills has a direct and measurable impact on both the education and quality of life of their children.
The following sponsorship opportunities were available for the 2012 tournament:
- Reader Cup Underwriter
- Reader Cup Hall of Fame Underwriter
- Reader Cup Beverage Sponsor
- Reader Cup Hole in One Sponsor
- Reader Cup T Box Sponsor
- Reader Cup Sponsor
Read more about the 2011 tournament or look at photos from the day.
Thank you Larry for your unfailing support of literacy in Houston!
Story Time Tours
Click on the image above for details.
In 2012:
- 149 ABE students
- 1,300 ESL students
- 42,033 total learning hours
- 711 classes offered
- 5,226 hours of While You're Waiting instruction
- 28,805 hours of in-kind service donated by tutors – valued at $627,661
- 22 active partner sites
- 11 Family Literacy events
- 1,653 Family Literacy attendees
- 1,837 free children's books
- 99% of learners achieved or made progress toward a personal goal


text:
The Technology Enhanced Learning of Geometry (TELG) Project was a three-year research project funded by the National Science Foundation from October 1999 to September 2002. TELG investigated the learning of geometric concepts in technology-rich classroom environments. These pages exist for archival purposes.
The TELG Project had three research sites: State University of New York at Buffalo, the Wisconsin Center for Educational Research, and Education Development Center, Inc. Each site investigated related geometric ideas, but each focused on a different segment of the elementary school age range.
Please visit our Quilt Gallery to see some of the quilts created by elementary school students in Massachusetts.


text:
Legal issues
The following issues will need to be considered in the development of your product: Intellectual Property, Regulatory Controls, Environmental Issues and Health and Safety.
Intellectual Property
You will need to consider whether any of the following intellectual property issues are important in the development of your product, either to protect your ideas or to make sure that you do not transgress others' intellectual property rights.
A government license to an individual or body conferring a right or title for a set period, especially the sole right to make, use, or sell an invention.
The exclusive legal right to print, publish, perform, film, or record literary, artistic, or musical material.
A symbol, word, or words legally registered or established by use as representing a company or product.
Regulatory Controls
You also need to ensure that you abide by state laws and regulations regarding hazardous substances and new organisms.
HSNO — Hazardous Substances and New Organisms Act
The Hazardous Substances and New Organisms Act was passed in June 1996. It is generally known as the HSNO Act. Its overall objective is to provide a streamlined and up-to-date system for managing risks from hazardous substances and new organisms (including genetically modified organisms) in New Zealand. The HSNO Act and regulations control only hazardous substances imported into or manufactured in New Zealand.
EPA – The Environmental Protection Authority
EPA makes decisions on applications to introduce hazardous substances or new organisms including genetically modified organisms (GMOs).
Environmental Issues
You should consider the impact on the environment of the materials, processes and wastes associated with your product's production as well as the ultimate disposal of any packaging associated with the marketing and sale of the product. You should bear in mind the appropriate regulatory controls (see above) and issues of sustainable use of resources.
Sustainable practices will require you to consider recycling, reusability, renewable versus non-renewable raw materials, and the potential pollution impact of your product's production, packaging, and final disposal.
Health & Safety
The techniques and procedures used in the production of your product should adhere to the Occupational Safety and Health (OSH) guidelines for safe workplace practices. OSH can help you assess the risks involved.
As part of the Department of Labour, OSH provides information and guidance to assist New Zealand businesses. OSH also inspects workplaces to check on safety and health arrangements, investigates accidents at work, and makes sure employers and employees comply with health and safety legislation. OSH is also responsible for regulating the storage and use of hazardous substances, explosives and dangerous goods, and for the safety of amusement devices.
- Published:
- 23 November 2007


text:
Chicago grocery deal highlights: Week of July 21
It's a wonderful time of year right now: Time for Rainier cherries! These extra-delicious cherries are on sale for $2.99 a pound at both Jewel-Osco and Dominick's this week. Here are the top deals for Chicago-area grocery stores for the week of July 21:
Besides the cherries, Jewel-Osco has a bunch of small Catalina deals going. These are offers where you are rewarded for buying certain items with coupons for money off your next grocery trip. This offer makes Jewel my grocery store of choice this week. See The Frugalista's full list of Jewel-Osco deals for more details.
Over at Dominick's, it's just a boring old, regular week. You can get Ritz crackers for $1.50 a box if you combine manufacturer's and store coupons. For a full deal list, see the weekly Dominick's summary.
At Food4Less, They have a "buy 10, save $5" offer going on, with items including Arm & Hammer detergent and Ore-Ida frozen potatoes. Peaches are 77 cents a pound. See an online version of Food4Less's weekly ad here.
Aldi continues to sell strawberries for 99 cents a pound. This week they also have 12 oz. salad bags for 49 cents and 3-packs of multicolored peppers for $1.49. See Aldi's weekly ad online.
At Ultra Foods, you can get two packs of 12 rolls Angel Soft toilet paper for $10 -- more than two, the price is $6.49 each. That's 42 cents a roll -- not bad. Fresh Express salad bags, 12 oz., are 88 cents. See Ultra's ad online.
Here are some links to other Chicago-area grocery ads, thanks to reader johnkwilson:
Fresh Farms (Niles and Chicago)
Tony's (Chicago, Niles, Bridgeview, Melrose Park, Riverside)
Marketplace on Oakton (Skokie)
Village Marketplace (Skokie, Carol Stream)
Strack and Van Til (Chicago, Indiana)
A&G (5630 W. Belmont)
Copyright © 2014, Daily Press


text:
Troubled Pacific mayor brings in controversial police chiefon April 3, 2013 @ 9:19 pm (Updated: 11:19 am - 4/4/13 )
The mayor of the troubled city of Pacific has brought in a controversial police chief to temporarily replace the one he put on paid administrative leave.
Mayor Cy Sun Wednesday announced that he hired former University of California-Davis Police Chief Annette Spicuzza to serve as interim public safety director in the absence of Police Chief John Calkins.
Sun put Calkins and Lieutenant Edwin Massey on leave during an investigation of harassment and intimidation. He said it was "for their own safety," but declined to elaborate further.
Spicuzza resigned from her post at UC Davis in April 2012 after a controversial incident at an Occupy rally on the campus in November 2011, during which her officers pepper sprayed student protesters who were engaged in a peaceful demonstration.
Sun said he sought out Spicuzza for the Pacific job because of her "expertise, experience and integrity."
"She's willing to work as a team and willing to help us," Sun told KIRO Radio. "She came to help me."
Sun said Spicuzza moved from California to take the job, despite not knowing how long she'll have it or how much she'll get paid. He said he was "shocked" she accepted his offer given that he is the subject of a recall effort.
City councilman Gary Hulsey told KING 5 Sun has no authority to hire an interim chief without council approval.
Brandi Kruse is a reporter for KIRO Radio who is as spontaneous and adventurous in her free time as she is on the job. Brandi arrived at KIRO Radio in March 2011 and has already collected three regional Edward R. Murrow awards for her reporting.
Eying the Prize
A dominant win over Arizona has the Seahawks eying the Super Bowl
History of Violence
The gunman who fatally ambushed two NYC police officers had a long criminal record
Please login below with your Facebook, Twitter, Google+ or Disqus account. Existing MyNorthwest account holders will need to create a new Disqus account or use one of the social logins provided below. Thank you.


text:
SEAchange 2011, From Exxon Valdez to Deepwater Horizon: Telling Tales of Environmental Disaster, Justice, and Recovery is a conference taking place all day Saturday, April 2, 2011 at the UW Allen Library.
The conference will examine the different narrative responses to these two epic environmental disasters and how they reflect "the powerful ties between storytelling, our environment, and social justice." Speakers include UW Law Professor Bill Rodgers.
SEAchange 2011 is sponsored by several UW departments. This free event is limited to the first 200 people who register.


text:
In Re Sony PS3 "Other OS" Litigation
Filing 185
ORDER GRANTING MOTION TO DISMISS, WITHOUT LEAVE TO AMEND, AND DENYING MOTION TO STRIKE AS MOOT. Signed by Judge Richard Seeborg on 12/8/11. (cl, COURT STAFF) (Filed on 12/8/2011)
**E-filed 12/8/11** 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 11 For the Northern District of California United States District Court 10 12 13 No. C 10-1811 RS IN RE SONY PS3 OTHER OS LITIGATION 14 15 16 ____________________________________/ ORDER GRANTING MOTION TO DISMISS, WITHOUT LEAVE TO AMEND, AND DENYING MOTION TO STRIKE AS MOOT 17 18 19 20 I. INTRODUCTION In 2006, defendant Sony Computer Entertainment America LLC introduced the 21 PlayStation® 3 ("PS3") gaming system. Plaintiffs in this putative class action contend that Sony 22 promoted the PS3 as having capabilities beyond those of prior game consoles, including specifically 23 an "Other OS" feature, which enabled users to install Linux or other operating systems and use the 24 devices as personal computers. In 2010, Sony released a software update for the PS3 that, among 25 other things, intentionally disabled the Other OS feature, ostensibly for the purpose of enhancing 26 security or protecting intellectual property, but which plaintiffs allege was actually an attempt to 27 save money. Although PS3 owners had the choice of declining to install the software update, 28 1 without it they would no longer have access to the Sony PlayStation Network ("PSN"), and would 2 not realize any other benefits the update might provide. 3 With one exception, all of the counts in the original Consolidated Complaint were dismissed, permitted to stand at that juncture, the dismissal order expressly noted that arguments as to its 6 viability could be renewed in any subsequent motion to dismiss. Defendants now move to dismiss 7 the First Amended Complaint ("FAC") in its entirety. Because the amendments have not cured the 8 previously-identified deficiencies, and because the facts alleged do not show wrongdoing even 9 under the CFAA, the motion will be granted. In light of the prior amendment, and the fundamental 10 shortcomings in plaintiffs' basic theory that it was wrongful for Sony to release the software update 11 For the Northern District of California with leave to amend. Although a count under the Computer Fraud and Abuse Act ("CFAA") was 5 United States District Court 4 in dispute, leave to amend will be denied. Sony's motion to strike the class action allegations is 12 therefore moot and will be denied on that basis. 13 14 15 II. BACKGROUND Plaintiffs contend that when Sony introduced the PS3, it touted it as "the most advanced 16 computer system that serves as a platform to enjoy next generation computer entertainment." 17 Plaintiffs identify four "core" attributes of the system, in addition to stand-alone game play, that 18 Sony purportedly advertised widely: (1) a built-in Blu-ray disc player, (2) access to online gaming 19 through the PSN service, (3) the Other OS feature, and (4) the capability to receive software (or 20 "firmware") updates to maintain and enhance system functionality. 21 In 2009, Sony introduced a new model of the PS3 that eliminated the Other OS feature. At 22 that time, however, Sony assured owners of older PS3 systems that they would continue to have 23 access to the feature on their machines. In 2010, however, Sony issued Firmware Update 3.21. If a 24 user downloaded Update 3.21, it would disable the Other OS feature. Users who chose not to 25 download the update lost access to PSN and would not be able to use any future games, Blu-ray 26 video discs, or other features that might require the update to have been installed. 27 28 2 1 III. LEGAL STANDARDS 2 Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a claim may be dismissed 3 because of a "failure to state a claim upon which relief can be granted." Fed.R.Civ.P. 12(b)(6). A 4 dismissal under Rule 12(b)(6) may be based on the lack of a cognizable legal theory or on the 5 absence of sufficient facts alleged under a cognizable legal theory. Johnson v. Riverside Healthcare 6 Sys., 534 F.3d 1116, 1121 (9th Cir. 2008); Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001). 7 In reviewing a complaint under Rule 12(b)(6), all allegations of material fact are taken as 8 true and construed in the light most favorable to the non-moving party. Marceau v. Blackfeet Hous. 9 Auth., 540 F.3d 916, 919 (9th Cir. 2008); Vignolo v. Miller, 120 F.3d 1075, 1077 (9th Cir. 1999). The Court, however, is not required "to accept as true allegations that are merely conclusory, 11 For the Northern District of California United States District Court 10 unwarranted deductions of fact, or unreasonable inferences." In re Gilead Scis. Sec. Litig., 536 F.3d 12 1049, 1056-57 (9th Cir. 2008); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 13 2001). Although they may provide the framework of a complaint, legal conclusions are not accepted 14 as true and "[t]hreadbare recitals of elements of a cause of action, supported by mere conclusory 15 statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949-50 (2009); see also Bell Atlantic 16 Corp. v. Twombly, 550 U.S. 544, 555 (2007). 17 Additionally, Rule 9(b) of the Federal Rules of Civil Procedure requires that "[i]n allegations 18 of fraud or mistake, a party must state with particularity the circumstances constituting fraud or 19 mistake." To satisfy the rule, a plaintiff must allege the "who, what, where, when, and how" of the 20 charged misconduct. Vess v. Ciba-Geigy Corp. U.S.A., 317 F.3d 1097, 1106 (9th Cir. 2003). In 21 other words, "the circumstances constituting the alleged fraud must be specific enough to give 22 defendants notice of the particular misconduct so that they can defend against the charge and not 23 just deny that they have done anything wrong." Id. 24 IV. DISCUSSION 25 26 A. Sony's basic obligations 27 The FAC, like the original pleading, sets out multiple counts articulating various theories 28 under which plaintiffs seek to hold Sony liable for the consequences of its decision to release 3 1 Firmware Update 3.21. With the exception of the "Unjust Enrichment" claim discussed further 2 below, all of the counts are based on plaintiffs' fundamental contention that it was wrongful for 3 Sony to disable the Other OS feature, or, more precisely, to put PS3 owners to the "Hobson's 4 choice" of either permitting the Other OS feature to be disabled or forgoing their access to the PSN 5 and any other benefits available through installing Firmware Update 3.21. Plaintiffs offer an 6 analogy: "if Toyota disabled the battery feature in its hybrids and forced owners to use only 7 gasoline, it would not matter whether the auto's warranties had expired." Opposition at 1:8-9. In 8 plaintiffs' view, it should be self evident that, "A manufacturer cannot unilaterally take away a 9 fundamental feature of a product after that product has been sold to a consumer – regardless of 11 For the Northern District of California United States District Court 10 whether the warranty is still in effect." Id. at 1:9-11. The flaw in plaintiffs' analogy is that they are claiming rights not only with respect to the 12 features of the PS3 product, but also to have ongoing access to an internet service offered by Sony, 13 the PSN. A somewhat fanciful, but more apt, analogy would be if Toyota sold hybrid vehicles with 14 an advertisement campaign touting that Toyota owners would have access to a recreational driving 15 facility, a no-speed limit amusement park for cars. Then, at some time thereafter, Toyota instituted 16 a rule that its hybrids would not be permitted in the park unless the owners allowed the battery 17 feature to be disabled. In those circumstances, Toyota hybrid owners who declined to authorize 18 disabling of the battery feature would still have fully-functional hybrid vehicles, capable of running 19 on an electric motor or a gasoline engine, as appropriate under the conditions. Similarly, PS3 20 owners who declined to install Firmware Update 3.21 still have fully-functioning devices, capable 21 of either being used as game consoles to play games on optical disks, or as computers, with the 22 Other OS feature. 23 While plaintiffs would characterize the ability to access the PSN as a "fundamental feature" 24 of the PS3 itself, it cannot be disputed that the "feature" is dependent on something outside the 25 actual device—i.e., the continued existence of the PSN. Additionally, plaintiffs acknowledge that 26 installation of Firmware Update 3.21 was entirely at the discretion of the user; indeed they have 27 proposed separate subclasses for those who did chose to download it and those who did not. The 28 4 1 choice may have been a difficult one for those who valued both the Other OS feature and access to 2 the PSN, but it was still a choice. Under these circumstances, it cannot be said that Sony "unilaterally took away a 3 4 fundamental feature of a product after that product [was] sold to a consumer." Rather, Sony 5 unilaterally imposed a requirement that PS3 owners who wanted continued access to the PSN 6 service would have to allow the Other OS feature in their machines to be disabled. As a 7 consequence, for Sony's conduct to have been in any manner wrongful, it is not enough for 8 plaintiffs to show that they have a right to expect continued availability of the Other OS feature 9 beyond the warranty period, but also a right to continued access to the PSN. Nothing in plaintiffs' factual allegations or their arguments is sufficient to support a 11 For the Northern District of California United States District Court 10 conclusion that Sony has any obligation to maintain the PSN in operation indefinitely. Had Sony 12 elected to shut down the PSN entirely, and for some unknown reason then offered PS3 owners the 13 option to disable the Other OS feature on their machines, users who elected to do so would plainly 14 have no claim for loss of the OS Feature.1 Nor would it be sufficient for plaintiffs merely to say 15 that, having elected not to shut down the PSN entirely, Sony had no right to limit access to the 16 service to those who agreed to disable the Other OS feature. This is not a discrimination case, and 17 nothing in plaintiffs' factual allegations supports the existence of a legally enforceable duty on 18 Sony's part to refrain from altering the conditions under which users are permitted access to the 19 PSN. In short, even assuming it would be wrongful under one or more of plaintiffs' legal theories 20 21 for Sony unilaterally to disable the Other OS feature after expiration of the warranty period but 22 during the reasonably expected lifetime of machines that were otherwise still working properly, the 23 facts show that Sony did not do so, except with the consent of owners who exercised an affirmative 24 choice to install Firmware Update 3.21. For some, that choice may not have been made without 25 regret, but absent some legal entitlement to continued access to the PSN, it was still a choice. 26 1 27 28 It is conceivable, of course, that in such a circumstance there would be an attempt to bring a class action challenging the shutdown of the PSN. Whether or not a viable claim could ever be alleged in such a case, it is clear that plaintiffs in this action have not alleged a basis on which Sony could be found legally obligated to keep the PSN in operation for any particular period of time. 5 1 Finally, certain allegations in the FAC are particularly demonstrative of the basic flaw in 2 plaintiffs' theory. Plaintiffs describe institutional users, including government agencies, who 3 allegedly purchased large numbers of PS3s to use specifically for their capabilities to function as 4 computers. Paragraph 115 states: 5 7 Indeed, the Air Force expressed disappointment with [Sony's] decision. "We will have to continue to use the systems we already have in hand," the lab told Arstechnica.com, but "this will make it difficult to replace systems that break or fail." 8 The "disappointment" allegedly expressed by the Air Force reveals that Sony in no way 6 9 forced any user to give up the Other OS system on any PS3s it had previously purchased. The Air Force expressed no dissatisfaction with the machines it already owned, and explicitly stated its 11 For the Northern District of California United States District Court 10 intent to continue using them. The problem, from the Air Force's point of view, is that it would be 12 unable to replace its existing PS3s with new ones providing the same functionality. A 13 manufacturer's decision to discontinue selling a product with the same features is not generally 14 wrongful as to prior purchasers of the product. Additionally, while it may be that some PS3 owners 15 would have a greater desire to use their PS3s on the PSN than the Air Force likely did, the fact 16 remains that the Other OS feature remained fully usable unless users elected to download Firmware 17 Update 3.21. 18 19 B. Breach of Express Warranty 20 As set out in the prior order, to prevail on a breach of express warranty claim under 21 California law, a plaintiff must prove (1) the seller's statements constitute an affirmation of fact or 22 promise, or a description of the goods; (2) the statement was part of the basis of the bargain; and (3) 23 the warranty was breached. Weinstat v. Dentsply Intern. Inc., 180 Cal. App. 4th 1213, 1227 (2010); 24 California Uniform Commercial Code § 2313; see also Keith v. Buchanan, 173 Cal.App.3d 13, 20 25 (1985)). 26 Plaintiffs have buttressed their prior allegations of an express warranty claim by pointing to 27 a statement that Sony expected the PS3 to have a "ten year life cycle" and that it would "be a 28 console that's going to be with you again for 10 years." This and similar statements alleged 6 1 continue to fall far short of any clear representation, rising to a warranty, that any user could expect 2 a particular PS3 he or she purchased would be able to utilize the Other OS feature for ten years, or, 3 more to the point, that the PSN Network would continue to be available and accessible by the 4 machine without any condition that the user elect to disable the Other OS feature. Their 5 protestations to the contrary notwithstanding, plaintiffs' have still failed to identify any basis on 6 which they could pursue an express warranty claim. 7 8 C. Breach of Implied Warranty 9 As in the original complaint, plaintiffs assert two counts for breach of implied warranty— one for the general warranty of merchantability, and one for a warranty of fitness for a particular 11 For the Northern District of California United States District Court 10 purpose. In an attempt to establish the privity required under California law to pursue implied 12 warranty claims, plaintiffs set out in more detail in the FAC facts regarding the contracts PS3 users 13 enter into directly with Sony governing software updates and the PSN. Plaintiffs argue that, at a 14 minimum, the unusual interrelationship between the contract for the sale of the product and the 15 subsequent contracts related to its use presents a novel issue of law as to privity that should not be 16 decided at the pleading stage. See McGary v. City of Portland, 386 F.3d 1259, 1270 (9th Cir. 2004) 17 ("Rule 12(b)(6) dismissals 'are especially disfavored in cases where the complaint sets forth a novel 18 legal theory that can best be assessed after factual development."). 19 Even if dismissal were not appropriate based on a lack of privity, however, the FAC fails to 20 set forth a basis on which even an implied promise that has been breached could be found. There is 21 no dispute that the PS3s performed in all respects as represented at the time of sale. The Other OS 22 system continues to function as represented unless users elect to disable it by installing Firmware 23 Update 3.21. Plaintiffs have not shown how conditioning continued access to the PSN service on 24 users' willingness to disable the Other OS feature breached any warranty implied in the sale of the 25 product. 26 27 28 7 1 D. California Consumer Legal Remedies Act ("CLRA") 2 Plaintiffs' claims under the CLRA fail for the same basic reasons as do their warranty 3 claims. Nothing in the circumstances of the sales of the PS3 or any representations Sony made 4 regarding its capabilities or expected product lifespan, gave rise to an obligation to refrain from 5 subsequently restricting access to the PSN or other services to those users willing to install 6 Firmware Update 3.21. Nor does characterizing the conduct as a failure to disclose the possibility 7 of such future actions transform it into a cognizable claim.2 8 E. Computer Fraud and Abuse Act ("CFAA") 9 Plaintiffs' claim under the CFAA in the original complaint was allowed to stand because 11 For the Northern District of California United States District Court 10 Sony had not made a persuasive showing that, from the face of the pleading, disabling of the Other 12 OS was "authorized."3 It is now clear, however, that even without reliance on any specific licensing 13 agreement provisions, the facts do not support liability under the CFAA because the Other OS 14 feature was only removed in instances where users affirmatively elected to download and install 15 Firmware Update 3.21. As plaintiffs make no claim that Sony failed to disclose that the update 16 would disable the Other OS feature, there is no basis to claim that Sony "caused damage without 17 authorization to a protected computer." 18 19 F. Magnuson-Moss Warranty Act 20 As in the original complaint, the FAC's claim for relief under the Magnuson-Moss Warranty 21 Act fails because, with exceptions not applicable here, "disposition of the state law warranty claims 22 23 24 25 26 27 28 2 To the extent plaintiffs' CLRA claim is also based on conclusory assertions that Sony included unconscionable provisions in its licensing and use agreements, they have failed to allege facts showing that they suffered any cognizable harm therefrom, given that Sony's conduct was not wrongful even without reliance on any specific provisions in those agreements. 3 The CFAA prohibits, "knowingly caus[ing] the transmission of a program, information, code, or command, and as a result of such conduct, intentionally caus[ing] damage without authorization, to a protected computer." 18 U.S.C. § 1030(a)(5)(A)(i). 8 1 determines the disposition of the Magnuson-Moss Act claims." Clemens v. DaimlerChrysler Corp., 2 534 F.3d 1017, 1022 (9th Cir. 2008). 3 4 G. Cal. Bus. & Prof. Code §§ 17200 and 17500 5 Plaintiffs' statutory claims for unfair business practices and false or misleading advertising 6 rely on the same underlying factual basis found wanting in the other claims addressed above. 7 Accordingly, those counts are also must be dismissed. 8 H. Unjust enrichment 9 As noted in the prior order, "unjust enrichment" is generally not recognized as a stand-alone 11 For the Northern District of California United States District Court 10 claim under California law. See Jogani v. Superior Court, 165 Cal.App.4th 901, 911 (2008). 12 Regardless of labeling, however, in this count plaintiffs assert a right to recover monies some of 13 them allegedly prepaid to Sony for use in connection with the PSN service, and which they thereby 14 "lost" when they could no longer access the PSN. Plaintiffs have failed to state a claim for 15 restitution or damages because, among other things, they have not alleged sufficient facts as to the 16 terms and conditions on which they paid monies to Sony, or that they have requested and been 17 denied refunds.4 18 I. Motion to strike 19 Even if it were otherwise appropriate to address the viability of the class action allegations at 20 21 22 the pleading stage, Sony's motion to strike is moot in light of the disposition of the motion to dismiss. It will therefore be denied on that basis. 23 24 25 26 27 28 4 If any persons have a legal right to receive refunds they paid in connection with the PSN, and Sony has failed and refused to provide such refunds, those claims are fundamentally different in nature than the balance of the claims advanced in this action, and would involve a different subset of PS3 owners from those alleged as putative subclasses here. Because no class has been certified, the dismissal of this action would not preclude any such persons from pursing claims for such refunds, assuming there is otherwise a viable factual and legal basis to do so. 9 IV. CONCLUSION 1 2 The dismay and frustration at least some PS3 owners likely experienced when Sony made 3 the decision to limit access to the PSN service to those who were willing to disable the Other OS 4 feature on their machines was no doubt genuine and understandable. As a matter of providing 5 customer satisfaction and building loyalty, it may have been questionable. As a legal matter, 6 however, plaintiffs have failed to allege facts or to articulate a theory on which Sony may be held 7 liable. The motion to dismiss is granted, without leave to amend. The motion to strike is denied as 8 moot. A separate judgment will issue. 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 12 13 14 Dated: 12/8/11 RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10


text:
Join our mailing list
Get our latest book recommendations, author news and sweepstakes right to your inbox
By clicking SIGN UP, I acknowledge that I have read and agreed to the Privacy Policy and the Terms of Use.
To download a file to your computer right-click on the link and choose 'save file as'
Any use of an author photo must include its respective photo credit
Behind the Book: The Glass Castle by Jeannette Walls
Memoirs are subjective. That's the conceit—this is one person's perspective on his or her life. None of my siblings has contradicted a single fact in The Glass Castle, but if any of them had written about our lives, it would have had an entirely different tone and perspective. To me, the whole point of writing a memoir is to say, here is the story of my life, and maybe you can learn something fro


text:
NARRAGANSETT—Town Manager Grady Miller presented the proposed FY 2012-13 operating and capital budget on Monday evening to the Town Council, highlighting a number of expenses and potential challenges, including Other Post Employment Benefits (OPEB) costs and funding new capital projects. Monday night was the first of two public hearings on the town budget, and the Town Council will hold workshops throughout this week to address their concerns, which are open to the public.
SOUTH KINGSTOWN – In a one-sentence press release, the Southern Rhode Island Chamber of Commerce announced Monday morning that Joseph J. Iacoi will no longer serve as executive director.
"The Southern Rhode Island Chamber of Commerce and Joseph J. Iacoi wish to announce the conclusion to Joe's work at the Chamber and each extends the other best wishes for success in the future," the statement read.
In today's paper, the Narragansett Town Council votes unanimously to support Governor Lincoln Chafee's municipal pension package.
Narragansett Town Manager also presented the proposed $51.4 million for FY 2012-2013. This is an increase of $803,432 from the current fiscal budget.
Also, Joe Iacoi, the executive director of the Southern Rhode Island Chamber of Commerce, has officially resigned from his position.
South Kingstown resident Deborah Bergner also questions a set of new ground rules at the town council chambers.
All and more inside, today's Narragansett Times.
NARRAGANSETT—The stories of how walkers and bikers have come to the MS Society's 23rd annual Walk MS are varied, but the intent remains steadfast: to raise funds and public awareness for research which will someday lead to a cure for multiple sclerosis.
"This is a great experience, from start to finish," said Narragansett resident Chuck Carberry. "Last year, we did the walk and I have been training for this year's 150 mile bike race with my wife. It is a great opportunity."
In today's paper, the Narragansett Engineering Office plans to study the sewer system in Narragansett along Congdon Street. The effort is an attempt to minimize water overflow at the Congdon Street Pump Station.
Also, last week, the South Kingstown Police arrested William E. Webster,52 for possession of child pornography.
Save the Bay also has a new Bay Keeper, Tom Kutcher.
SOUTH KINGSTOWN – In an effort to promote healthy living, the town of South Kingstown, in partnership with the South County YMCA will host the first "Bike Day" on Saturday, April 14, from 10 to 2 p.m. at the YMCA at 165 Broad Rock Road, Wakefield.
The free event has sprung from the Healthy Places By Design initiative – which provided advice on how the town can help its residents be more active and eat healthier.
"[Bike Day] promotes the use of the bike path and the fun of riding a bike," says Vincent Murray, director of planning.
SOUTH KINGSTOWN – For decades, South Kingstown and the Coastal Resources Management Council (CRMC) have tried to come up with a solution that would simultaneously protect Matunuck Beach Road from falling into the ocean and preserve the environment's natural process.
In 2012, the town and the state are still looking for that solution.
In today's paper, find out why the Coastal Resources Management Council rejected South Kingstown's plan to protect Matunuck Beach Road.
At the first of two budget hearings in South Kingstown, science teachers oppose two $200,000 positions in the school district.
The Narragansett School Committee met with Nancy Daley, Curriculum Director for Narragansett Schools, this week to discuss student performance over the past year on the New England Common Assessment Program (NECAP) testing.
SOUTH KINGSTOWN—The Rhode Island Department of Environmental Management announced on Thursday the recipients of matching funds for recreational open space development. Although the greatest portion of funding has been awarded to the larger, urban centers of Rhode Island, Broad Rock Park in South Kingstown will receive $53,000 for upgrades to the baseball field and Dog Park there. Another $53,000 will be matched through local capital improvement funding.
SOUTH KINGSTOWN – Peter Lord was the essence of what every journalist should be – fair and honest and an inspiration to his readers, coworkers and students. The award-winning journalist died Wednesday after a battle with brain cancer at the Village House Nursing and Rehabilitation Center, in Newport. He was 60 years old.


text:
Happy New Year!
Find a Conversation
|Wed, 01-02-2013 - 3:03pm
Happy New Year, ladies!
Well it turned out ok that we didn't have any NYE plans. Josh started feeling like crap over the weekend and if we'd had plans we probably would have ended up cancelling them anyway. So we just watched Looper and then the NYE shows on TV. I woke Lexi up and fed her around 10:45 in hopes that she would then let us sleep longer, but no she decided she wanted to wake up a lot during the night instead. So I only got about 5 hours of (broken) sleep.
I went to the doc because of some intense pain in my hip area. I either have tendonitis or iliotibial band syndrome (which seem like they're pretty much the same thing). She gave me a sheet of stretches to do, plus rest and ice. She also gave me referrals for an x-ray, which I probably won't do since I seriously doubt it's anything that would show up on an x-ray, and physical therapy, which I'm still up in the air about. I'll see how it's feeling in a week or 2. It will definitely put a damper on my workout/weight loss plans though. I want to be down a few more lbs by my WIC appt on the 29th. I've only lost about 10 lbs since they last weighed me at the end of Aug, and I'm still up 11 lbs from pre-pregnancy. I'm going to try to cut out soda, but so far I feel like I'm just replacing it with other stuff (like candy, cookies, etc) LOL
Donna I'm sorry you didn't get to go down for PopPop's funeral, and that your family is so dumb. (for the record, in my family we all just tear into our presents at the same time LOL)
|Fri, 01-11-2013 - 8:22am
Shawna, how's the hip pain doing? Did they figure out what the actual cause is yet?
It has been crazy busy around here lately, with some other drama added in for good measure. I can't really say too much, but they confiscated one of our teacher's computers and he hasn't been to work since. This guy was transfered to our school after being on paid leave for over a year because of harrassment accusations at his other school, he was supposedly cleared of any wrongdoing but the teachers at the other school felt awkard about having him come back. Meanwhile, they take his computer and ask me to put another one in there all while telling me "it's not a Technology thing, don't worry about it". Umm...yes it is a tech thing, since you're taking one of my computers and making me put in another one, and how about the fact that they could've possibly destroyed evidence by unplugging the machine. Also, he hardly ever used that machine since he always brought in his own iPad and iPhone both with 3G service, and his own little hard drive - but hey, they didn't ask me or tell me what was going on.