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Research at UMMS suggests the immune system plays an unsuspected and surprising role in the progression of Rett syndrome, a severe neurological disorder affecting children. The finding points to the immune system as a promising target for slowing the progression of Rett syndrome.
An advanced smartphone application developed at Worcester Polytechnic Institute to help people with diabetes better manage their weight and blood sugar level and assess the status of chronic foot ulcers, is entering a pilot clinical study at UMass Medical School.
Based on the success of the Inflammatory Bowel Disease Anti-Inflammatory Diet, Barbara Olendzki is collaborating with colleagues in the UMass Center for Microbiome Research to uncover how exactly this diet affects gut bacteria.
Fecal transplant, a novel therapy that Randy Pellish, MD, is exploring with his patients who have recurrent C. diff, is proving to be more than 90 percent effective.
A new study by UMMS researchers finds that severe mortality-associated diseases are less prevalent in families of long-lived individuals than in the general population.


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Sugar Rush: Chocolate and Caramel Flan with Cocoa-Masa Streusel from Empellón Taqueria
At Empellon, the flan isn't your run of the mill egg custard. More
At Empellon, the flan isn't your run of the mill egg custard. More
"Is molecular gastronomy out? Are hydrocolloids and concepts like deconstruction passé?" So challenges Chef Alex Stupak in his second incarnation of the Push Project. Last Thursday and Friday evening, he welcome his friend / former colleague at Alinea Chef Jordan Kahn of Red Medicine in Beverly Hills into his kitchen at Empellon Cocina to serve nine courses to a group of hungry guests. More
Chef Lauren Resler, Alex Stupak's wife and pastry chef at Empellon Taqueria and Cocina, got into pastry to make people smile. She talks with us about how she does just that, what it's like working so closely with her husband, and plans she has in store. More
Chef Alex Stupak may read as bracing, controversial or overly opinionated, but in person his humility and drive come across more than anything. The celebrated pastry chef made waves when he left wd-50 to open a Mexican restaurant—a cuisine he had no previous personal attachment to. But since opening Empellón Taqueria and the recent Empellón Cocina, Stupak has been collecting both upraised eyebrows and ample praise. But praise doesn't drive Stupak. Nor does fear of failure. What does? We had a chat to find out. More
There's one way to really celebrate Cinco de Mayo right, and that's by downing as many tacos as you can before passing out from meat-tortilla-salsa paroxysms of joy. There are plenty of tacos we love in New York, but here are some we can't stop thinking about, from fatty carnitas to tangy chorizo to funky goat and tripe. Check out the slideshow above to see the tacos we love; if you eat them all this weekend, we'll buy you a beer. More
Former WD-50 pastry chef Alex Stupak took a big leap last year when he opened up Empellón, a high-end Mexican taqueria in the West Village. A year later, Stupak is back with Empellón Cocina, a taco-free, quieter, slightly higher-end sister restaurant in the East Village. I stopped by a few nights ago to check out the space and the drinks. More
One of the best parts about vegetables is how their natural sweetness comes out when they're cooked well; and no vegetable does this as brilliantly as squash. I can't think of anything I'd rather eat in the middle of winter than a heaping bowl of perfectly roasted butternut, enlivened by nothing more than olive oil and salt. But chefs around New York get more creative than that, of course, featuring squash in everything from curries to crostini to queso fundido. Here are eight squash dishes we love from around the city. What are your favorites? More
We all took note when WD-50 pastry chef Alex Stupak announced that after years of making a name for himself as one of the most innovative pastry chefs in the country at restaurants like Alinea in Chicago or Clio in Boston, he was finally striking out on his own with a restaurant in the West Village. It was when he announced that not only was the restaurant not going to be pastry-themed, but that it in fact was going to be a high-end Mexican taqueria, that we all started scratching our heads. The place is fittingly named Empellón (Spanish for "push" or "shove"), considering the giant stylistic leap he's taken. More

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Yummy Link: Orbit Sangria Fresca Gum
Who Put Gum in My Candy Bar?
Casa Quickie: Gum Be Gone
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The Sunday Catty Woods Scout Bonus LTD 2011 BMX Bike takes the fully dedicated trail bike and adds a benefit twist to it. Purchasing this bike will help benefit the non-profit Catty Woods trails in Pennsylvania. This…
The Sunday Catty Woods Scout Bonus LTD 2011 BMX Bike takes the fully dedicated trail bike and adds a benefit twist to it. Purchasing this bike will help benefit the non-profit Catty Woods trails in Pennsylvania. This bike not only features Odyssey parts throughout, but the frame's geometry is designed specifically for trail riding. The parts selection is trail inspired as well. It features tanwall Aitken knobby tires, Odyssey Classic top load stem and a 27-9 gear ratio for speed.
- Frame:
CRMO TT, HT, Wave DT, Dropout and Chainstays, 21? TT, 14? CC, 11.85? BB, 74.5 degrees HA, 71 degrees SA
- Fork:
Full CRMO, 1pc Steerer Tube, Integrated Headset Seat
- Number of Gears:
- Chainset:
CRMO Tubular, 3pc
- Chainrings:
Sunday 6061 CNC, 27 tooth
- Bottom Bracket:
Sealed, Mid, 19mm
- Chain:
- Pedals:
Odyssey Twisted PC
- Rear Brake:
Rush U-Brake
- Brake Levers:
Odyssey Monolever, Medium
- Handlebars:
Sunday Victory Replica, 8.32? rise, 12 degrees back, 4 degrees up
- Stem:
Odyssey Classic Top Load
- Headset:
Integrated Headset
- Grips:
Sunday Word Bubble
- Rims:
Odyssey Quadrant 36 Hole
- Front Hub:
Sealed, 3/8?
- Rear Hub:
Sealed, 9 tooth, 14mm
- Front Tyre:
Odyssey Aitken, 2.125?
- Rear Tyre:
Odyssey Aitken, 1.9?
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Odyssey Aitken, Pivotal
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Approx. 26.25lbs
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Spoiler Clip of Glee's Body Swap! Tina Transforms into Rachel for Season 3, Episode 20: "Props" (VIDEO)
Glee's big, bad body-swapping extravaganza in Season 3, Episode 20: "Props" is just days away! However, if waiting until May 15 feels like an eternity, we might have a solution!
TV Line has obtained an exclusive spoiler clip of Tuesday's episode, and it lays out exactly how all this body swap madness started in the first place. Watch as Tina (Jenna Ushkowitz) falls face-first into a fountain at a local mall, suffers a nasty head bump, and wakes up to find herself in some very different shoes.
Literally: She's wearing Rachel's (Lea Michele) shoes. And Rachel's outfit. And everyone thinks she's Rachel.
On top of that, Kurt (Chris Colfer) suddenly looks a lot more like Finn (Cory Monteith), while Blaine is looking much less like Darren Criss, and much more like Puck (Mark Salling).
Watch the full video here!
Source: TV Line
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The Catalina is being touted as the next, albeit tamer, version of the Jersey Shore. Some of the show's female stars were spotted recently on Miami Beach, scantily clad in some bikinis and catching the gaze of fellow beachgoers. The premise of The Catalina is that it follows the sometimes dysfunctional staff of The Catalina
Posts Tagged 'miami'
Miami's Winter Party heating things up
The world's hottest winter party is now underway in Miami – Winter Party, one of the world's biggest and best-loved celebrations for the lesbian, gay, bisexual and transgender community. More than 10,000 descend on Miami during the dance event, which runs from Feb. 29 to March 5. Winter Party has spectacular venues, many of them
Model Claudia Galanti shows off her bikini bod in Miami
Claudia Galanti is arguably one of Paraguay's hottest exports, proven when she raised the temperature at Miami beach recently in showing off her sizzling bikini body. Temperatures of 30 degrees C didn't deter her from heading out to the beach, and in fact the 30-year-old star seemed to bask in the heat. Fellow beach-goers had
Pussycat Doll Jessica Sutta makes a splash at Miami beach
Former Pussycat Doll band member Nicole Scherzinger has grabbed the media spotlight lately as a judge on Simon Cowell's U.S. version of X-Factor, but another former Doll, Jessica Sutta, is making waves of another sort. The former band member was spotted showing off her hot, toned body and a stylish burgundy bikini at a Miami
Halloween on the Beach – parties planned from Florida to California
From Ocean City to Miami Beach, Americans are gearing up to celebrate Halloween, where else but at the beach. Beachfront clubs and bars are popular party destinations for those dressed as everything from Lady Gaga and pirates to naughty nuns and zombies. In Ocean city, for example, party-goers will be gathering at Seacrets, which draws
Fitness guru Jennifer Nicole reveals all in Miami
She wasn't topless, but fitness guru Jennifer Nicole's wet, white and see-through top was the next best thing for fellow Miami beach-goers. The 36-year-old gained notoriety when she lost 80 lbs after reaching a high of 200 lbs, and went on to be crowned Miss Bikini America. She was a far cry from that during
Celebrity Beach Pics: X Factor's Kelly Rowland shows off her bikini body in Miami
All the stress of judging on The X Factor must have driven Kelly Rowland to seek some R&R at the beach in Miami. The former Destiny's Child singer was spotted sunbathing and lounging around the beach with friends before heading back to the UK to take her spot on the judging panel. The 30-year-old star
Celebrity Beach Pics: Shirtless Mark Wright in Ibiza
A shirtless and toned looking Mark Wright, who was supposed to be undergoing a ruthless bootcamp to get in shape, instead looked like he was enjoying some lazy days while in Ibiza, Spain. Wright, a 24-year-old club promoter, stars in the semi-reality TV show The Only Way Is Essex and has spent the last week
LA Clippers star Blake Griffin spotted in South Beach
LA Clippers star was spotted showing off his pecs at South Beach during the NBA lockout. It was time well spent in our opinion! Blake was captured by paparazzi wading in the water with a friend and soaking up some rays on the beach. His cap came in handy for fending off not only the
Robin Thicke and Paula Patton spotted on Miami beach
R&B singer Robin Thicke and wife Paula Patton were spotted spending a leisurely afternoon on the beaches in Miami. The couple are in town for the American Black Film Festival. Paula, who stars in Jumping the Broom, recently completed the new Mission: Impossible – Ghost Protocol film.


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Argo 7:00pm
Seven nominations at the 85th Academy Awards® including Best Picture, Best Adapted Screenplay (Chris Terrio) and Best Actor in a Supporting Role (Alan Arkin)!
In 1979, the American embassy in Iran was invaded by Iranian revolutionaries and several Americans are taken hostage. However, six manage to escape to the official residence of the Canadian Ambassador and the CIA is eventually ordered to get them out of the country. With few options, exfiltration expert Tony Mendez devises a daring plan: to create a phony Canadian film project looking to shoot in Iran and smuggle the Americans out as its production crew. With the help of some trusted Hollywood contacts, Mendez creates the ruse and proceeds to Iran as its associate producer. However, time is running out with the Iranian security forces closing in on the truth while both his charges and the White House have grave doubts about the operation themselves.
'ACADEMY AWARDS®' is the registered trademark and service mark of the Academy of Motion Picture Arts and Sciences.
'OSCAR®' is the registered trademark and service mark of the Academy of Motion Picture Arts and Sciences.


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U.S. Coast Guard and Palau hold Sea Guardian Exercise
May 22, 2009 (courtesy U.S. Coast Guard) - On April 28 to May 2, patrol boats from Coast Guard Sector Guam and the Republic of Palau participated in the third annual Exercise Sea Guardian in the Republic of Palau. Palau relies on a healthy fishing industry and enforcement of its economic exclusive zone. By conducting joint exercises, Coast Guard Sector Guam and its Micronesian partner agencies increase their overall law enforcement effectiveness and share knowledge and techniques that enhance regional security. The scenario-based training included mock boardings and mock trials held in Palau's Supreme Court.


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The 'Validity of Opinion'
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Silver Member
Join Date: Nov 2013
Location: SoCal
Posts: 876
Re: The 'Validity of Opinion'
Good thoughts..as an engineer, i'm not too fond of opinion in *certain* settings
example 1:
Person A asks person B, what do you think of the color "orange"
-the answer here is
thus the validity of opinion increases cause there is no
logical answer and no impact due to the opinion
example 2:
Person A, a project manager, tells Person B...I want to use columns that were made using non-fossil fuel production processes on that bridge and reduce the carbon footprint every way possible...Person B, a civil engineer, says that cannot be done because thosse materials will not support the weight needed...
Person A: How much weight do we need to support
Person B: 10,000 tons
Person A: I don't think we need to support 10,000 tons, the bridge in city C only supports 7500 tons and if we can;t get 10000 tons using the non-fossil fuel process we cannot stick to that design...go talk to city C and see what they did
and on and on...
now, this is the kind of crap that happens everywhere...and actually A has an opinion...but it is worthless and is being pushed due to some emotional and illogical desire to have a low carbon footprint on a bridge...crazy example i know
So, in the end, if the result of the exchange of opinions is meaningless and does not impact others, so be it.
When the result of "opinions" has an outcome that could impact others, then those having the appropriate experience *must* override those of authority...
I've worked in the professional engineering arena for almost 30 years and I see it all too often where opinion of authority wins over opinion (knowledge) of individual and it seems to always turn out detrimental.
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Deadmau5 Proposes to Kat Von D on Twitter!
After their November breakup, it looks like Deadmau5 and Kat Von D are back on … in a big way!
On Saturday, Dec. 15, Deadmau5 tweeted a picture to Kat Von D saying, "I can't wait for Christmas so.... Katherine Von Drachenberg, will you marry me?" The picture was an engagement ring with text that read, "Changing the diamond to a black diamond FYI. Sorry for the jpg...they'll finish the actual ring soon I hope. I love u :D"
And it seems she loves him right back. Kat tweeted, "Mi corazon!!! Thank you all for the lovely congratulations! Please excuse me while I go squeeze the hell out of my fiancé! ❤"
After his successful social media proposal, Deadmau5 followed up with this tweet: "thanks for the well wishes and support from the horde and everyone else! brb while i spend the rest of my evening with my future wife :)"
A wedding proposal via Twitter? Well, it appears to have worked for the deejay. We wish them all the best!
Source: @deadmau5, @thekatvond, @deadmau5
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Spring is slowly peering around the corner. The days are sunnier and longer and my day lilies are showing their beautiful green tops. I tend, though, to forget Spring's harsher attributes–wind and rain–and am easily discouraged when they pop up on my precious weekend days.
Sophie shares my dislike and our challenge (which we wholeheartedly choose to accept!) is to find something, other than movies, to take our minds off the overcast skies. One solution: pulling out the Christmas gifts that got filed away in the after-holiday reorganization. Sophie got two awesome science kits that have led to hours of enjoyment and that create the perfect rainy day fun times. The experiments and ingredients are simple and the results super cool (even when they don't exactly turn out).
If you want to avoid buying a kit, I also found this website with great science activities for kids. I have to say, though, that I'm pretty sold on the boxed product– it's awfully nice to have most of what we need already assembled!
WARNING: These activities do require parental involvement. If you want to sit on the couch reading or watching the Housewives of Orange County, you may need to to find a different activity, like coloring or Phineas and Ferb reruns.
Here's Sophie creating a volcanic reaction using her Mind Blowing Science kit:
Sophie also got this fun Spa Science kit:
Our first spa experiment was making bath fizzies. We were supposed to take the "dough" we made and roll the pieces into balls that would then harden into what you'd expect a proper fizzie to look like. Ours actually melded together on the plate, making a large, rock-solid pancake. Sophie still wanted to use it in her bath so I had to chip off little pieces using a kitchen knife (safety first!). We finally gave up and submerged the plate in the tub. It fizzed in all it's glory–could not have been better!
Don't blame the recipe–I'm sure it had much more to do with the chefs. Either way, fun times were had by all.
Happy rainy days, everyone!


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This is a recap of the Lost episode "Shape of Things to Come" airing April 24, 2008 — if you haven't seen the episode, DO NOT READ THIS, IT IS FULL OF SPOILERS. Car spoilers, I mean. Both the things you affix to the back of cars, as well as shocking revealed secrets about cars. About Ben's SECRET car. Anyway, now that the wee ones have toddled off to bed…
This week, the faceless bullet-slingers that killed Karl and Rousseau in the cliffhanger mini-boss back on March 20 took Ben's daughter Alex hostage. It's still easy to believe that Ben intended this scenario when he gave Alex directions to the temple, but one thing he most certainly did not intend — nor did any non-sadist watching from home expect — was for Derek Jeter racially-ambiguous-haircut Sergeant to shoot Alex in the head execution style.
For the first time since he struck out with Juliette, Ben was rendered completely helpless in the situation, managing only to choke out the words "they changed the rules" and proving that even in his times of greatest personal tragedy, he still manages to be cryptic as hell. The "rules" likely refer to a prior agreement laid out with Charles Widmore, most likely — cue 50s sci-fi theramin — in the future?? I'm assuming Ben foresaw this whole scenario from the future and that's why he willingly sent Alex into "danger" in the first place and somehow knew exactly what was happening during the attack before the Foley artists even arrived at the studio to start recording bullet sound effects.
Look at the bright side, though — after these last few deaths, maybe the opening credits will finish flashing before 10:30?
If my offhand literary knowledge is correct (with a teeny line lifted from Wikipedia for good measure), "Dean Moriarty," the alias Ben gave the hotel clerk, is the character from Jack Kerouac's On The Road who "grew up in Colorado with a hobo/bum for a father for whom he searches on many occasions. Dean's fanatic personality races from journey to journey and pulls other people along."
Sounds a little like what Desmond was going through a few episodes ago, doesn't it? Perhaps Ben is jumping in time with, as a friend of mine suggested, Widmore as his constant? This would explain "You know I can't kill you," as well as Ben's random disappearance into his crawlspace then immediate emergence with a plan, plus Ben asking the hotel clerk about the date and year. It would also add gravity to Widmore's "good luck finding Penelope" line if time is in the equation, in addition to explaining Ben's apparent ubiquity on the mainland.
Alright, so I really just want to see Ben lovingly pull out a picture of Ol' Constey Widmore during a time warp in a later episode. I'm human.
In another flash-forward from the Ben/Sayid touring Vaudeville duo, Sayid hunts down and shoots Ishmael Bakir (Moby Dick alert! Down to just three books left that haven't been referenced on this show — Dracula, Dear Mr. Henshaw, and Bill Engvall's autobiography), whom Ben claims was hired by Widmore to kill Sayid's wife. While Ben really gives no indication that this information is false — besides his Ben-ass smirk when Sayid proclaims his loyalty to the island's cause and asks for his next target — he's also still Ben, so who knows if Ishmael was just some guy he needed dead for some other reason. Does anyone have trouble believing that Ben wouldn't just conduct some harmless facts to ensure Sayid remains loyal and fired-up?
After this week's murder and Ben's vow to kill Penelope in exchange for Widmore's man killing Alex, is it possible the show is headed towards being some sort of giant, island version of Hamlet? With time warping and smoke monsters and teleporting cabins? I think the first four seasons are still shorter than the Branagh movie version (topical zinger!)
There is exactly one — the one from the ship, and his throat had been cut and he'd clearly been in the water for some time (if I learned anything from "Cast Away" other than FedEx risks their lives for you). Nervous Nellie Farraday sends a Morse Code message to the ship and receives one back that he claims says "a helicopter is on its way," but Bernard — one of three living humans who can interpret Morse Code, along with Farraday and this dude — tells Jack and Kate that the message actually says "what are you talking about? doctor is fine."
At this point, Jack finally grows skeptical of InformationWithholdey McGuffin and forcefully gets Daniel to confess that the Other Others aren't actually there to rescue the Oceanic survivors. Jack then yelled at Daniel, "Wait a minute — I'll bet Ben's man on the boat is Michael, isn't it?? Eureeka!"
Extra 1: Hey, what's going on?
Sawyer: Get inside, now!
[Extra 1 gets shot]
Extra 2: Whoa, what was that?
Sawyer: Get inside, now!
[Extra 2 gets shot]
Extra 3: What were those two gunshot-sounding noises I just heard?
Sawyer: Seriously, get inside, now!
[Extra 3 gets shot]
Then a clown comes out next and gets shot, followed by a deaf man, then a dog, then some cameo celebrity, and so on.
Oh, also, Claire was in a house when it completely exploded. She's doing fine, but she was on the ground for a couple seconds after the house she was in completely exploded.
Double also, did anyone else expect for a split-second that Kate was just gonna take her top off in the opening shot? How awesome would that have been if right from the getgo, Lost was just like "Hey, we're back. Aaaaaaaand there's boobs now."
Leave all thoughts, theories, observations, and general inanity in the comments, please, especially if you have traveled to the future and can lay some spoilers on us. For example, you might say "in 2011, tv decides to spread its good shows out over at least two nights."


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Wayne Allen
PDT Staff Writer
This is 16th year Alan Feinstein of the Feinstein Foundation will be dividing $1 million to food pantries and hunger fighting agencies across the United States.
Participating agencies take part in what it called the 'Feinstein Challenge.'
"Between March 1 and April 30 we can accept donation and pledges that we can count towards the challenge. Donations can be accepted in the form of cash, check, pledges and food items. Food times are valued at one dollar per item or pound. If someone donates a two-pound can of something, it can be counted as a $2 donation," said Kathy Deemer, Community of Christ Pleasant Valley Branch food pantry coordinator. "The goal of the program is to increase awareness of hunger in our community."
Deemer said this is the fifth year the church has participated in the challenge.
According to www.feinsteinfoundation.org, "In the past 12 consecutive years since Mr. Feinstein has offered it, more than 3,000 participating agencies nationwide have used it to raise more than $1.25 billion. It has become the most successful ongoing campaign to fight hunger ever."
Area participating organizations in 2012 included, Potter's House Ministries, Inc. - Sciotoville which received a grant of $281.71, Community of Christ - Pleasant Valley Branch McDermott which received a grant of $258.33, St. Peter's Wheelersburg which received a grant of $255.66, St. Vincent de Paul General Store - New Boston which received a grant of $258.38, St. Monica's Church, New Boston which received a grant of $254.77 and St. Mary's - Portsmouth which received a grant of $259.85.
Also participating was Our Lady of Sorrows of West Portsmouth, which received a grant of $254.29, Holy Redeemer of Portsmouth which received a grant of $179.00 and Notre Dame High School of Portsmouth which received a grant of $250.83.
For more information about the Feinstein Challenge, visit www.feinsteinfoundation.org.
Wayne Allen may be reached at 740-353-3101, ext. 228, or email@example.com.


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Misunderstood heroes. Space travel. Alien worlds. Humanoids. Greed. Imperialism. Violence. Exploitation. Intercultural war. Redemption. And Copyright Infringement?
Everyone's seen the movie Avatar. How many people have read the book Bats and Butterflies? How many people have even heard of it? The author of Bats and Butterflies alleges that James Cameron's Avatar is a rip-off.
Elijah Schkeiban, author of the book Bats and Butterflies, filed a lawsuit against Cameron, author, director, and co-producer of Avatar, and Lightstorm Entertainment, Inc., Twentieth Century Fox Film Corporation, and Dune Entertainment LP. Schkeiban alleges in his lawsuit that he created the Bats and Butterflies "franchise of products" in 1988 based on his script and novel of the same name. He alleges that he registered the copyrights for the script and novel in 2000 and 2001.
Schkeiban alleges that in 2005 he started shopping the script to various people in Hollywood, including an actor named Billy Zane. He alleges that Cameron's Avatar copied Bats and Butterflies, and that the two stories are "substantially similar" in plot, sequence of events, characters, themes, moods, setting, and pace. He alleges that Cameron and the other defendants therefore infringe his copyrights. You can't watch the movie Bats and Butterflies, to decide for yourself whether Schkeiban's claims have merit, because the movie hasn't been made. But you could read the novel.
Anyway, the court dismissed his Complaint, noting (correctly) that the Complaint was missing an essential element of a copyright infringement claim: it made no allegation whatsoever that Schkeiban gave or showed his script to Cameron or the other defendants, or that they had access to it. This was a fatal omission.
Schkeiban then filed an "Amended" Complaint, in which he now alleged that when he gave his script to Zane in 2005, he asked Zane to give a copy of it to Cameron, and that Zane later told him that he had done so. Again, the court dismissed the Amended Complaint. The court noted that Schkeiban's new allegation only alleged that Zane allegedly told Schkeiban that he (Zane) had given the script to Cameron. This allegation simply wasn't enough, the court said, to establish that Cameron actually saw the script.
Schkeiban responded by filing a Second "Amended" Complaint. In this third pleading, Schkeiban pointed out that Zane is an actor who had been in Cameron's previous film, Titanic, and therefore was close to Cameron. Schkeiban further alleged that he had had a telephone call with Zane in 2005 in which Zane assured him that he had given the Bats and Butterflies script to Cameron. Otherwise, there were no changes from the previous Complaints.
Before turning to the court's final decision, a little about copyright law. Many people who don't work in intellectual property don't realize that copyright law cannot and does not protect ideas. It protects only the actual expression of those ideas.
In order for a court to find copyright infringement in a script or novel, there has to be almost exact copying of the actual mode of expression – i.e., the words and sentences. Therefore, Schkeiban would have to show not only that Cameron saw or had access to his script, but also that Cameron literally or almost literally copied from it.
The court again dismissed Schkeiban's Second Amended Complaint, pointing out that this was Schkeiban's third attempt to make out a copyright infringement claim. The court noted that to prove copyright infringement, a claimant must prove:
In turn, copying can be proven by showing that:
The court noted that, even on his third attempt, Schkeiban's effort to show that Cameron had access to Bats and Butterflies was vague. But, even assuming Cameron had access, the court found that the elements of Bats and Butterflies and Avatar are not "substantially similar." Bats and Butterflies is a fantasy work that involves a bullied human teenager, Joshua, who is magically transported to a planet and finds a war between bats and butterflies. Joshua helps the butterflies defeat the bats and helps a caterpillar princess mature into a queen butterfly. As we all probably know, Avatar involves a disabled war veteran/mercenary soldier who flies to a planet; through cloning technology is transformed into one of the native beings on that planet in order to spy on them; and eventually sides with the natives and helps them defeat the invading humans – his own people.
Although both works involve humans who go to a distant planet and become involved in a war between two cultures there, the similarities end there, according to the court. Schkeiban argued that his script and Cameron's film were similar because both involved ideas of alien lands, deaths of family members, and battles between groups with competing interests. The court found that the plots and sequences of events between the two stores are substantially different and that any similarities are merely general ideas, which cannot be copyrighted. Similarities between Schkeiban's hero, a bullied teenager, and Cameron's hero, a paraplegic war veteran, are not copyrightable. Any random similarities of plot scattered between the two stories are "scenes a faire." Both stories arguably involve themes of racism, genocide, imperialism, and environmentalism, but, again, themes cannot be copyrighted. As a result, the court found that, after three attempts, Schkeiban could not prove copyright infringement, and dismissed his claim with finality ("with prejudice").
Another note about copyright law: In contrast to the standard "American Rule," whereby each party in litigation pays its own attorneys' fees, the copyright statute allows the prevailing party (here, Cameron, et al.) to recover its fees. After persuading the lower court to dismiss Schkeiban's Complaint, the defendants moved for recovery of their attorneys' fees. The court denied their motion.
The court docket reveals that Mr. Schkeiban has filed an appeal to the U.S. Court of Appeals for the Ninth Circuit. Bats in the Belfry?
Stay tuned.
See more »
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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