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By Joshua Kyalimpa
Entire societies will be lost forever if we delay reaching a climate change agreement in Durban, warns Rezaul Karim Chowdhury of the Coastal Association for Social Transformation Trust (COAST).
"Let us not be witness to that unfortunate happening. Extreme events beyond everybody's expectation are now observed more and more frequently and we know the consequence of that," Chowdhury said.
Governments of low-lying island states such as the Maldives, the Bahamas, or the Pacific nation of Kiribati say their very physical existence is threatened by sea level rise of one metre – anticipated to take place by 2100.
Chowdhury's home country, Bangladesh, is also caught in the crosshairs of global warming – rising temperatures and sea levels, changing weather patterns increasing catastrophic flooding from both swollen rivers and storm surges from intensifying monsoons will hit this low-lying, agriculture-dependent country full in the face.
A map produced by the United Nations Environment Programme shows that an area of this South Asian state that is home to 15 million people will be entirely submerged by a one-metre rise in sea levels. Long before then, increasing numbers of floods will erode riverbanks, and destroy homes, farms, roads and other infrastructure while taking longer to recede, hampering agriculture. Lingering floodwater will test public health systems wrestling with waterborne diseases.
The fears of Bangladesh and other low-lying states are an urgent reminder as the 17th Conference of Parties remains unlikely to agree on even a minimal programme of emissions reductions by developed countries – historically the worst polluters – or financial assistance for vulnerable developing nations.
U.N. Secretary General Ban Ki-moon poured cold water on the talks Tuesday Dec. 6 when he told delegates that a global, legally-binding deal on climate change could well be off the agenda for now. He blamed grave economic troubles in many countries for overshadowing the talks, which are now in their second week but little tangible progress before they conclude on Dec. 10.
South African Bishop Geoff Davies head of the Anglican Church compared rich countries' behaviour in Durban to apartheid, saying wealthy nations were trying to keep power and wealth for themselves. "Decision makers need to put the needs of people and the planet before profits."
The parties remain sharply divided. Coastal states, small island nations and the Africa group are pushing for a second commitment by developed countries to reduce emissions to replace the Kyoto Protocol, which expires in 2012. The U.S. and Canada say any new commitment should be delayed until after 2020. These two governments are also rejecting a legally-binding global agreement. Japan at one point threatened to pull out altogether.
The European Union has taken up a position somewhere in the middle, proposing a second commitment period to start somewhere around 2015. The EU also says this is on condition that other polluters – such as fast-growing China – are brought on board.
"We have committed under Kyoto and we have actually over achieved in the first commitment period," said Connie Hedegaard, the European Commissioner for Climate Action. "But Europe only accounts for 11 percent of global emissions and that is why we are saying two things. We are ready to agree a second commitment period even though the family of countries who are ready to do so is shrinking; however we need reassurance that if we lay down a bridge to the future, then others will follow."
The Congolese chair of the Africa Group, Tosi Mpanu Mpanu, says it's hard to understand why the developed countries are behaving as they are.
"They says they want rules on climate change, but they don't like the Kyoto Protocol. It's hard to comprehend. If you want the mango, then you have to like the mango tree also," he said. "If you want the carbon markets to continue, you must have robust transparent rules to continue – you have to keep the mango tree (binding emissions reduction agreements)."
He said the Africa Group is looking to the rich countries which have enjoyed a certain level of development at the cost of everyone's atmosphere to now show leadership on climate change.
"They have shown us economic leadership, they have shown us political leadership and sometimes even military leadership, so let's see them show us climate leadership."
The pessimsism expressed by Secretary General Ban and COAST's Chowdhury hangs over the conference venue, but some – like Paul Mafabi, a negotiator from Uganda – say it was already foregone conclusion that a deal would not be struck because of the economic crisis gripping the biggest offenders.
It's perhaps worth remembering that small island and developing states are threatened not just by economic crisis, but by devastating and permanent disaster. And the real baseline demand of small island and developing states – measures to limit climate change to 1.5 degrees Celsius, and avoid devastating changes in these vulnerable states – is not even on the table.


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First Known Use: 14th century
noun so·lu·tion \sə-ˈlü-shən\
: something that is used or done to deal with and end a problem : something that solves a problem
: the act of solving something
: a correct answer to a problem, puzzle, etc.
Full Definition of SOLUTION
a : an action or process of solving a problemb : an answer to a problem : explanation; specifically : a set of values of the variables that satisfies an equation
a : an act or the process by which a solid, liquid, or gaseous substance is homogeneously mixed with a liquid or sometimes a gas or solidb : a homogeneous mixture formed by this process; especially : a single-phase liquid systemc : the condition of being dissolved
: a bringing or coming to an end or into a state of discontinuity
See solution defined for English-language learners
See solution defined for kids
Examples of SOLUTION
- Medication may not be the best solution for the patient's condition.
- The solution is simple you need to spend less money.
- She made a solution of baking soda and water.
- a 40 percent saline solution
- He rinsed the contact lens with saline solution.
- the solution of sucrose in water
Origin of SOLUTION
Middle English solucion explanation, dispersal of bodily humors, from Anglo-French, from Latin solution-, solutio, from solvere to loosen, solve
Other Chemical Engineering Terms
SOLUTION Defined for Kids
noun so·lu·tion \sə-ˈlü-shən\
Definition of SOLUTION for Kids
: the act or process of solving <His solution to the problem was to wait.>
: an answer to a problem : explanation <The solution of the math problem is on the board.>
: the act or process by which a solid, liquid, or gas is dissolved in a liquid
: a liquid in which something has been dissolved <a solution of sugar in water>
Medical Dictionary
noun so·lu·tion \sə-ˈlü-shən\
Medical Definition of SOLUTION
a : an act or the process by which a solid, liquid, or gaseous substance is homogeneously mixed with a liquid or sometimes a gas or solid—called also dissolution b : a homogeneous mixture formed by this process
a : a liquid containing a dissolved substance <an aqueous solution> b : a liquid and usually aqueous medicinal preparation with the solid ingredients soluble c : the condition of being dissolved <a substance in solution>
Learn More About SOLUTION
Next Word in the Dictionary: solutionalPrevious Word in the Dictionary: solutioAll Words Near: solution
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What made you want to look up solution? Please tell us where you read or heard it (including the quote, if possible).

subset: commoncrawl


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Welp, its official: https://support.google.com/adsense/bin/answer.py?hl=en&answer=2456470&topic=23388&ctx=topic
Google has shut down its in-house Domain channel. AFD direct through Google is gone!~ Before the handwringing outsiders and the misinformed begin to spout inaccuracies like "domain traffic is dead!" or "it's a Facebook and Twitter world so abandon your names you delusional old-timers!", let me take this opportunity to tell you that domain name traffic has never been more important or vibrant – and this business, never more lively.. How can that be you say?
If you think the last few years have marginalized type-in traffic and you charted the flatline of type-in audience against the falling-yield and increasing effort it takes the SEO/SEM folks to leach traffic from search-engines you would be shocked! Domain owners are all getting traffic for free via an unstoppable tide of human behavior, while Search Engine folks have to try exponentially harder to keep falling levels of traffic flowing. As a domainer you can tell the World about your best properties and there is no consequence to the audience. SEM/SEO folks can't talk about their best sites, lest they get outed and shut down by the Search-engine overlord. What kind of business is that?!
Every time a business card is passed or an email is sent or an ad is shown featuring a domain name, it reinforces to Internet users that the fastest path to a website is through the direct type-in. That user may go to google 99 times out of 100 for their search query but tomorrow will be the day that they try their search string with the .COM, just to see what's there. I had 3million people have their hundredth day yesterday to sites on our network. Tomorrow will see 3 million more have their hundredth day.
If my frequent visits to the Googleplex have revealed anything to my untrained eye, it's that Google has never been more committed to the domain name channel. We've worked with other monetization providers and paid-search marketplaces – and the level of efficacy Google has shown, the way they play the game today is just so many levels above the best effort we got from previous upstream partners. The innovations I see Google bringing – the sincerity, intelligence and seniority of the Googler's managing this channel and the gravity of the positive changes coming to the domain-channel at Google, show me that this company not only intimately understands Domain Names and the paid search characteristics thereof, but they understand the needs of their partners. They understand the echo system that facilitates the traffic and the subtle elements that drive the technical prosperity of the operators in this space.
In short domain name traffic monetization is very much alive and well at Google, but it is no longer cost effective for Google to manage those small domainer level relationships directly. There is plenty of healthy competition across the parking company Google-partner spectrum, and we at InternetTraffic.com stand ready to serve former AFD publishers during this time of transition.
If you are one of the small publishers who is affected by this change – If you run a portfolio of clean names and you generate some material revenue from your names, there is no other domain parking company or sales platform – not a single one – where you would want to hang your shingle than right here with us at InternetTraffic.com. The line forms to the left but moves quickly


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A "New School" is one that, in the process of having already restructured according to NCLB requirements, has become significantly different and has demonstrated substantial academic improvement. In other words, the way it does business now is highly distinguishable from the way it looked when first entering into AYP needs improvement status. Districts may petition the State Board of Education for New School status on behalf of such schools, and the committee appointed by the State Board will evaluate the school holistically to make a determination. Schools that petition the State Board for New School status must be in Year 4 or beyond of Needs Improvement Status.
Update (January 9, 2012): The Department of Education will not be conducting the New School Status petition review in 2012 because of pending changes to the accountability system that are part of Idaho's ESEA Flexibility Waiver Request.
|New School Webinar - February 14th
|New School Status Presentation 2-14-2011
|Assurance Page - New School Status Petition (2011)
|Rubric for Evaluating Restructuring Plans Revision II 032206
|Portfolio Organization Outline
|2011 Quality Indicators for Identifying a New School
|AYP Timeline Chart-Formatted 7-2010
|Breaking the Habit of Low Performance
|Crosswalk - Rubric Categories to Quality Indicators


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Resolution: standard / high
Figure 3.
CDX2 expression patterns in colorectal, gastric, and pancreatic carcinomas. (A) Homogeneous (diffuse and strong) nuclear expression of CDX2 in a low grade colorectal adenocarcinoma. (B) Gastric and (C) pancreatic adenocarcinomas showed heterogeneous pattern of intensity of CDX2 expression, frequently encountered in extra-intestinal GI adenocarcinomas. (A)-(B), original magnification × 200; (C), original magnification × 400.
Bayrak et al. Diagnostic Pathology 2012 7:9 doi:10.1186/1746-1596-7-9


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- Age / Gender:
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- Pleasonton, CA
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- 5/14/06
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Y R U even looking at my profile?????
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Ranked as Staff Sergeant
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Latest News
I haven't posted in awhile, mostly because I don't have anything post worthy, but I feel like I should write a new one, so here it goes.
I finally have 2500+ achievement points. Whoo. If only I could convert it to store credit or something, now that would be cool, as I have been eying that blockhead shirt for a while.
I've noticed that recent submissions have been getting rated way too high, so I now always vote based on whether I think the score should go up or down, and not what score I think it should have. I've also started giving 0's to everything above 4.4, and I suggest you do something similar. With my 7.84 voting strength, I do my part.
Other than that, no new newgrounds stuff, although I've been thinking about making a little something soon (I feel like I should contribute something), so look forward to that, if it ever gets done.
Congratz on being bored enough to read this.
Favorite Audio
|Breathe - hania
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|~Inspiration~ -hania
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Escape the everyday world at Appalachian Mountain Cabins in the beautiful mountains of scenic Southwestern Virginia.Unique and private cabins are perfectly suited for family vacations, and romantic weekends. We are certain to have what you're looking for.
Cabins in a wooded setting for families of 6-8 or a romantic getaway. Screened porch, outdoor grill, fully equipped kitchen, Jacuzzi in some units. Pool and park privileges at adjacent Natural Tunnel State Park. No pets. No smoking.
Directions From I-81:Take Exit 57B, I-181N towards KingsportI-181N becomes US-23N to Gate CityStay on US-23N approximately 20 milesFollow signs to Natural Tunnel State Park (Route 871), then follow signs to Appalachian Mountain Cabins.
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Here's how I easily get #1 search engine ranking:
what I do is create a brand name and combine this with the domain name that I register.
For example, if I want to build a site in the botox niche I would create a brand such as cool botox
Just search on this keyword to make sure that nobody else has targeted this keyword and you are good to go.
So you then register coolbotox.com and then start publicising your brand all over the related forums and blogs related to your niche. Sooner or later, people will get curious about your new keyword and search on it.
Plus you build a blog/site with articles related to this subject.
Such as "what is cool botox"? And suddenly, your site is all over the first page results.
And you can post questions to Yahoo Answers about what is cool botox etc. Plus, register your profile for this user name on forums and social networks.
So this is my take of how to make use of branding in your marketing.


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Dr Melissa de Zwart takes a fascinating look at the world of online games and claims of internet addiction. Dr de Zwart surveys the media reportage of this phenomenon and looks at the recent US case of Smallwood v NCSoft Corporation where the plaintiff claimed $3million in damages for injuries including severe emotional distress and depression as a result of playing Lineage II.
In this edition #19…November 19, 2010
Are you addicted? Online games and internet addictionNovember 19, 2010
The dangers posed by online games is a favourite topic of the mainstream media. The US Supreme Court is currently hearing the case of Schwarzenegger v. Entertainment Merchants Association (click here for transcript), concerning the Constitutional validity of the Californian law banning the sale of violent video games to minors.
In addition to the matter of violent content, the media focuses on the horror stories of babies left to starve to death while their parents are busy raising a virtual baby online; the young man who died after enduring a long gaming stint during which he refused the leave the console for 50 hours (click here) and the zombie-like teenagers who don't sleep, playing World of Warcraft all night long.
But what is the truth about online gaming? Is it truly addictive? And, if so, does it make gamers a danger to others, such as the Otaku panic in Japan in the late 1980s suggested? Do game providers owe a duty to potential customers to warn them of the risk of psychological addiction?
A case currently before the US Courts may give us some of the answers to these questions.
Smallwood v NCSoft Corporation
In October 2009, Craig Smallwood filed a Complaint against online game provider NCSoft in the US District Court, District of Hawaii, alleging that 'as a direct result of using Lineage II [an online game created and operated by NCSoft and its affiliated companies] and Defendant's acts and omissions, he has suffered extreme and serious emotional distress and depression, he has been unable to function independently, he has suffered psychological trauma, he was hospitalized, and he requires treatment and therapy three times a week.' Smallwood claimed $3 million in damages. (Click here for filings)
Smallwood had played Lineage II using three accounts for over 20,000 hours during the period 2004-2009. This level of play, averaging 11 hours per day, left him unable to function in his daily life. Smallwood stated that he 'experienced great feelings of euphoria and satisfaction from persistent play.' During this time he claimed that he 'became psychologically dependent and addicted to playing Lineage II.' He also claimed that, despite being banned from the game, he continues to experience a compulsive urge to play the game.
At the time of bringing the action Smallwood had been banned from the game due to allegations that he had been involved in Real Money Trade (RMT) in breach of the game rules.
Smallwood claims that had he been warned about the trauma he would experience as a consequence of his addiction and subsequent exclusion, he would not have commenced playing the game and invested so much time and money in it.
The original Complaint had a troubled progression through the Court, due to problems with the drafting of the pleadings, and particularly the issue as to whether Smallwood was an unrepresented ('pro se') litigant, or had in fact received significant legal help in drafting his claims. Judge Kay determined that Smallwood had received assistance from legal counsel, but that rather than striking his pleadings, he would not liberally construe them as would normally be done for a pro se party.
In summary, Smallwood claimed that he 'would not have bought and played Lineage II if he had been aware that he would be subjected to the dishonesty and unfairness described above, or that he would become addicted to the game.' The specific legal claims related to misrepresentation/deceit, unfair and deceptive practices, defamation/libel/slander, negligence, gross negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, and punitive damages. The Court ultimately dismissed all of the claims except for those in defamation, negligence, gross negligence and negligent infliction of emotional distress.
In assessing the Defendant's Motion to Dismiss, the Court had to determine whether or not there was a certainty that under existing law (the law of Hawaii) 'no relief can be granted under any set of facts that might be proved in support of the plaintiff's claim.'
Validity of the User Agreement
NCSoft sought to dismiss Smallwood's claims on a number of grounds. Most relevant for our purposes are that Smallwood's claims are limited by the terms of the Lineage II User Agreement to the $65 account fees paid by Smallwood for the preceding six months. Smallwood opposed enforcement of the terms of the User Agreement on the basis that it not relevant to consider the terms of the User Agreement and that it had not been sufficiently relied upon in his Complaint, effectively disputing the authenticity of that Agreement. In addition, he claimed that as a 'click wrap agreement' it should be declared void and unconscionable. The Court rejected all of these arguments in that Smallwood himself had referenced the User Agreement a number of times in his Complaint.
The Court determined that the validity of the Agreement and the limitation of liability clause would be determined under the specified law of the Agreement, ie the law of Texas. A number of decisions of the Texas Courts had upheld the validity of clickwrap agreements. Therefore the Court held that the relevant agreement was valid. In particular, Smallwood 'had notice of the User Agreement, was required to affirmatively agree to it by clicking "I agree", and had an opportunity to cease playing Lineage II if he disagreed with it.' The Court held that Smallwood 'repeatedly reaffirmed his acceptance of the User Agreement by continuing to play'. Furthermore, and most damningly (and surprisingly) was the fact that Smallwood actually claimed to have read the User Agreement and relied upon it framing his claims.
As noted above, the User Agreement contained a limitation of liability clause. However, the Court held that this clause could not, according to principles of general law, exclude liability with respect to willful or fraudulent behaviour or gross negligence.
A 'Fair Game'?
With respect to the allegations of fraud the Court held that the claim had not been pled with the required specificity. Smallwood's claims with respect to fraudulent misrepresentation were as follows, that NCSoft had falsely represented that:
- the three-month automatic payment plan was for the Plaintiff's benefit, when in fact it was a means to retain the Plaintiff's money after he was banned. Smallwood claims that there was also a secret strategy to force players to invest more money by moving to the new game 'Aion';
- Lineage II was 'a fair game'. In particular, Smallwood asserted that the Lineage Game Masters did not enforce the game rules fairly;
- Lineage II was a safe product, in particular that there was 'inadequate advice to plaintiff as to "taking breaks" from play, but not disclosing that lengthy breaks in play were necessary to avoid addiction to the game;
- 'botting was not allowed, when in fact, it was rampantly obvious during plaintiff's game play but nothing was done about it'.
However, none of these claims were supported by sufficient detail regarding who made such misrepresentations, where or when they were made.
The only allegation for which sufficient detail was provided was the claim by Smallwood that the reason for banning him from the game was 'phony and fraudulent'. Importantly, Smallwood alleged that he relied upon NCSoft's actions to his detriment 'by investing his time and money playing the game.' The Court rejected this claim on the basis that Smallwood could not have relied upon his investment of time and money to his detriment once he had been banned from playing the game. The claims in negligent misrepresentation and unfair and deceptive trade practices were also dismissed for lack of specificity.
Further, Smallwood brought a claim in defamation, claiming that he was 'falsely accused of being involved in real money transfers' and that such statements were published to other players to his detriment. The Court found that this claim was sufficiently stated but as the claim for defamation was based upon negligence, damages were limited under the terms of the User Agreement.
Smallwood's claims in negligence and gross negligence were based on the allegation that NCSoft 'acted with negligence in designing, developing, manufacturing, inspecting, testing, marketing, advertising, promoting, selling, distributing, maintaining, revising, servicing, administering, and overseeing Lineage II'.
The Court found that Smallwood had stated a claim in both negligence and gross negligence, with damages potentially being limited under the Service Agreement (not with respect to gross negligence).
Intentional Infliction of Emotional Distress
Smallwood's claim for the intentional infliction of emotional distress was dismissed on the grounds he had not pled facts supporting a claim that the relevant act was 'outrageous' as required under Hawaiian law. However, the Court was prepared to entertain a claim on the basis of negligent infliction of emotional distress.
In order to bring a claim on this basis, as a general rule under Hawaiian law there must be a physical injury to the plaintiff or another person or property. In this case, Smallwood claimed that he 'suffered extreme and serious emotional distress and depression' and as a consequence was 'unable to function independently in usual daily activities such as getting up, getting dressed, bathing, or communicating with family and friends.' This also resulted in Smallwood being hospitalized for three weeks and needing therapy three times a week. This is sufficient to constitute a physical injury. Again, if successful on this claim the Plaintiff's damages would be limited by the User Agreement in case of negligence, but not in the case of gross negligence.
As this was a motion by NCSoft to dismiss Smallwood's Complaint, the matter will now go ahead for a full hearing of the issues with respect to defamation, negligence, gross negligence and negligent infliction of emotional distress.
Recent discussions in the media have also focused on the question of whether internet addiction, and particularly addiction to online games, should be recognized as a classifiable mental disorder. Some of these discussions have highlighted the question, also at the core of the Smallwood case, of whether game providers should provide warnings to users about their addictive qualities. Others take the view that the internet, and particularly games such as EverQuest and World of Warcraft, satisfy a basic human need for achievement and conquest.
For many players, the online game is their place of socialisation and engagement, this social element is often lost in media critiques of the lonely socially isolated gamer. It is important in any consideration of the impact of online games, that the positive elements are not lost in the sensationalized focus on the negative.
In this edition #18…November 1, 2010
Katy Barnett examines the tragic death of Tyler Clementi – an American college student who committed suicide after his sexual encounters with a man were broadcast on the Internet by classmates. In the United States, the classmates have been charged with invasion of privacy and there are talks as to whether "bias" charges be added. Ms Barnett examines whether the acts of the classmates could found a civil or a criminal action in Australia and whether a penalty enhancement for "bias" is available under Australian law.
In "Storm in a Contour Bottle?", Amanda Scardamaglia examines a new battle in the cola wars. Coca Cola are suing Pepsi for infringement of their curvaceous bottle trade mark. The case brings up interesting issues in the complex area of "shape" marks.
Jake Goldenfein reports on New York Law School's "un-conference". A new type of forum designed to encourage wider participation and IP activism.
Storm in a Contour Bottle? – The Coca-Cola Company v Pepsico Inc & Ors VID 876/2010November 1, 2010
By Amanda Scardamaglia
The Coca Cola Company ('Coca Cola') has recently brought proceedings against Pepsico Inc, its Australian holding company Pepscio Australia Holdings Pty Ltd and Schweppes Australia Pty Ltd as the manufacturer and distributor of Pepsi and Pepsi Max ('the Respondents'). In the Statement of Claim dated 14 October 2010, Coca Cola alleges the Respondents have been selling Pepsi and Pepsi Max products in glass bottles that have the same characteristic shape and silhouette as the Coca Cola 'Contour Bottle', infringing their intellectual property rights. The case raises a number of interesting issues concerning the often fraught area of shape marks, some of which will be raised here.
Coca-Cola is the registered owner of a number of Australian trade marks that depict its famous Contour Bottle, which were included in the Statement of Claim and shown in Figure 1. The Contour Bottle is a hallmark of Coca Cola's branding – with its pinched in waist shape and silhouette distinguishing Coca Cola's products from other sodas on the market. Coca Cola has built a strong reputation in the Contour Bottle through significant promotion and marketing and claims that it has sold its Coke and Coca Cola products in the Contour Bottle since 1916 in the United States and since at least 1938 in Australia.
Figure 1: Coca Cola Contour Bottle Trade Marks
In May 2010, Coca Cola became aware that the Respondents were selling Pepsi and Pepsi Max in glass bottles similar to their Contour Bottle. Images of those glass bottles, as featured in the Statement of Claim are depicted in Figure 2. Coca Cola demanded that the Respondents refrain from what it said was unlawful conduct. The Respondents refused. In response, Coca Cola initiated these Federal Court proceedings.
Figure 2: Alleged Infringing Pepsi and Pepsi Max Glass Bottles
It's not the first time Coca Cola have sought to enforce their rights with respect to the shape of its Contour Bottle. Many will recall the 1999 case Coca-Cola Co v All-Fect Distributors Ltd, where Coca Cola successfully brought trade mark infringement proceedings against the manufacturer of a cola flavoured confectionary product which took the form of the shape of its Contour Bottle. Although '… a total impression of similarity [did] not emerge from a comparison of the two marks …' Black CJ, Sundberg and Finkelstein JJ found that the '… idea suggested by the mark is more likely to be recalled than its precise details …' such that consumers might be caused to wonder about the source of the confectionary products as a result. Coca Cola will no doubt seek to rely on this decision, although, as the following summary of the present claim demonstrates, there are some critical points of difference between the two disputes.
The Claim
Typical of most trade mark disputes, Coca Cola has brought a three pronged claim against the Respondents, namely:
1. Trade mark infringement under section 120(1) of the Trade Marks Act 1995 (Cth) ('TMA').
2. Breach of sections 52 and 53 of the Trade Practices Act 1974 (Cth) ('TPA').
3. Passing off.
As to the trade mark infringement claim, Coca Cola allege the Respondents have been using the particular bottle shape for its Pepsi and Pepsi Max products within the meaning of use in section 17 of the TMA and that the bottle shape is substantially identical with or deceptively similar to Coca Cola's trade marks so as to constitute trade mark infringement under section 120(1) of the TMA.
Coca Cola also claims the Respondents have engaged in conduct which is misleading or deceptive or is likely to mislead or deceive in breach of section 52 of the TPA. It further claims the Respondents have falsely represented that they are authorised or have approval or are associated with Coca Cola in breach of section 53 of the TPA.
Finally Coca Cola claims the Respondents have passed off its products as Coca Cola products, or licensed Coca Cola products.
As a result of this conduct, Coca Cola claims it has suffered unspecified loss and damage and seeks to have the Court restrain the Respondents from continuing to sell its products in the said glass bottles.
With respect to the trade mark infringement claim, there are two issues that will likely dominate proceedings.
1. The first is the issue of use as a trade mark, which is likely to be raised in the Respondents' defence, which is yet to be filed.
2. The other issue which will obviously present itself is the question of deceptive similarity.
Issue 1: Use as a Trade Mark
It is a requirement of registration that the sign, defined under section 6 of the TMA, must be used or intended to be used to distinguish goods or services, consistent with the definition of a trade mark under section 17 TMA. This implies that, with respect to shape marks, merely adopting a particular shape will not amount to trade mark use. And, in the same way that descriptive terms will not normally be registrable as a trade mark because they will fall foul of the use requirement, functional or utilitarian shapes will not be registrable as trade marks if they do not also serve the secondary purpose of distinguishing those goods from the goods provided by others. Of course, the corollary of the requirement of use for registration is that in context of trade mark infringement; there is a requirement that the alleged infringer has used a sign that is substantially identical or deceptively similar sign to distinguish its goods from other goods.
The use requirement can be particularly problematic in relation to shape marks in both the registration and infringement contexts, since all physical things take the form of some shape. Would a consumer, on seeing a product for the first time, think that the shape of the product is a trade mark, that is, an indicator of origin?
In the Statement of Claim, Coca Cola allege that the bottle shape used by the Respondents '… would be perceived by consumers in Australia as possessing the character of a brand for distinguishing the Infringing Products from other beverage products. …' and '… have used the bottle shape of the Infringing Products and the silhouette of that bottle shape as a trade mark within the meaning of ss 17 and 120(1) TMA.'
The Respondents will have to address this point in their defence. They will likely argue that their Pepsi and Pepsi Max glass bottles are not being used as a trade mark within the meaning of the TMA and thus their conduct does not constitute trade mark infringement.
Potential Defence
In doing so, the Respondents may argue that the glass bottle it has used does not function as a trade mark because the shape it has adopted is functional.
Furthermore, the shape adopted is but one of a number of features on its Pepsi and Pepsi Max products preventing it from functioning as a trade mark. That is, the Respondents would argue that the addition of the ingrained wave pattern on the glass bottle and the use of its other distinctive Pepsi and Pepsi Max marks all have the combined effect of diluting the significance that might have otherwise attached to the shape of its glass bottle and that any distinctiveness that the shape has acquired was likely attributable to its use alongside the other distinguishing trade marks and indicia. As a consequence, it is possible that consumers, on seeing Pepsi and Pepsi Max products for the first time, would not think that the shape of its glass bottle was a trade mark, distinguishing its products from other manufactures, as Coca Coca alleges.
There are a couple of important shape mark cases that are on point and may be relevant here for the purposes of determining whether the shape of the Respondents' glass bottle constitutes use as a trade mark. The first is the well known Philips v Remington case, where Philips failed to establish trade mark infringement of its triple head shaver shape mark because there had been no use of the trade mark by Remington. The issue of use was also raised more recently in the 2009 case Guylian v Registrar of Trade Marks although in the context of an application to register the shape of a seahorse for use with respect to chocolates. Although it is not possible to go into the details of these cases here, suffice to say the Respondents may be able to draw on these cases and in particular the Guylian case favourably.
Issue 2: Substantially Identical With or Deceptively Similar
The question of whether the Pepsi and Pepsi Max glass bottle is substantially identical with or deceptively similar to Coca Cola's trade marks will also be hotly disputed. It is unlikely that a Court would determine that the marks were substantially identical comparing the two marks side by side and noting their similarity. The question of deceptive similarity is more contentious.
It is at this point that the present dispute differs from Coca-Cola Co v All-Fect Distributors Ltd. Here the alleged infringer is Coca Cola's main rival, which has established its own distinct reputation in the cola market, the same market in which Coca Cola operates. The question as to whether consumers would be caused to wonder about the source of the Respondents' products is therefore more tenuous here than it was in Coca-Cola Co v All-Fect Distributors Ltd, given the level of consumer savviness and the strongly held preference most consumers hold for either Coca Cola or Pepsi products.
However the Respondents decide to frame their defence, the use issue is likely to comprise a key aspect of this dispute and it will be interesting to see what the Court will make of this, if the matter goes to hearing. Similarly, the question as to substantial identity and consumer confusion will also be an interesting point of argument in this battle of the cola giants.
So where to from here? Well, the Respondents will have to file their defence shortly, with the matter due for a directions hearing next week. This is definitely one to watch with interest.
Amanda Scardamaglia is a Teaching Fellow and PhD Candidate at the University of Melbourne Law School.
New York Law School's Intellectual Property "Un-conference" 2010November 1, 2010
By Jake Goldenfein
An unconference is not the opposite of a traditional conference, but rather a platform for greater participant contribution within the traditional conference structure. The agenda is established by the attendees as the as the program progresses, enabling a more reflective discussion on the key themes of the event. On the 24th and 25th of September, the New York Law School's Institute for Information Law and Policy held the world's first intellectual property unconference – 'Innovate/Activate' – on the theme of activism within the IP community. The unconference platform mirrored the growing focus of much IP research, the emergence and re-conceptualisation of participant created content (or user-generated content), by facilitating IP activists to showcase their projects as well as including panel discussions on IP activism within patent, international development, the arts, and digital culture.
The keynote speakers were Amy Kapczynski from UC Berkeley, Lea Shaver from Hofstra Law School, and Niva Elkin-Koren from the University of Haifa. Kapczynski became an AIDS\HIV activist as a law student and campaigned for international IP laws to more equitably reflect the fact that 90% of AIDS sufferers lived in the developing world. In 2001 her campaign resulted in Yale and Bristol-Myers Squibb pledging not to enforce the patent on the HIV drug d4T, substantially lowering the annual cost of AIDS treatment.
Shaver teaches IP and international law, and also worked on 'access to knowledge' while a fellow of the Yale Law School Information Society Project. That work intermingled IP, human rights and international development and focused on broadening the concept of innovation ro include information diffusion.
Elkin-Koren's research focuses on the growing disconnect between digital culture, digital development and intellectual property regulation, as well as how legal institutions facilitate private and public control over the production and dissemination of information. She writes extensively on the effects of cyberspace on the economic analysis of law, and is increasingly interested in the open content movement.
Speakers discussed IP activism as a combative reaction to the transnational and collaborative nature of incumbent interests that move IP in the 'wrong' direction, as well as a response to the transformative nature of information society in terms of economies. When questioned what could be done farther in IP activism the speakers suggested increasing the output of open source technologies to enhance user control, challenging the ideology that markets are the only mechanism to create and distribute information, and developing civil rights frameworks to contemplate access to information.
Apart from the keynotes, various panel Sessions covered a wide range of topics with diverse presentations on issues related to IP activism including reform of IP regulation and strategies, the interaction of innovation systems, and technological progress facilitating access to knowledge. There were some standout speakers. For example, Derek Slater, a senior policy analyst at Google discussed the difficulties, and need to reconceptualise, licensing in the on-line environment. A powerful example was contrasting the ease of obtaining a compulsory licence to create a phonographic recording of a song written by another artist (cover song), against the requirement to obtain a non-compulsory synchronisation licence to upload a video (on YouTube) of somebody performing that song. He also discussed the YouTube 'content ID' system which performs rights management for the 24 hours of footage that is uploaded to the website every minute. The system allows content owners to upload their material to a repository which is compared to footage available on the YouTube website. If uploaded content is matched with footage on the content ID database the owners are given the option of removing the content or monetising it through advertising. Content ID is an excellent example of digital content registries preventing infringement while enabling greater distribution and monetisation of material.
Another standout was Laura DeNardis of the Yale Law School Information Society Project who discussed the embedded values and politics of internet 'protocols'. Her research examines the political infrastructure associated with the fundamental coding and standards setting of the internet. She eloquently explained the influence of commerce and politics intrinsic to the governance of creating the most fundamental elements of cyberspace. She describes how the production of technical architecture remains entrenched in the private realm and argues for increased transparency and democratisation.
Holding an unconference on IP activism reflects the growing participation of the broader IP community in shaping future IP regulation, and hopefully spawns future projects that re-examine the role of intellectual property in innovation and digital culture.
Jake Goldenfein is an LLB graduate from the University of Melbourne Law School.


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Anderson Cooper hosts John Avlon, author of Wingnuts: How the Lunatic Fringe is Hijacking America, who really seems to have a problem when it comes to anyone who dares challenge the government's version on … more or less anything:
Anderson Cooper hosts John Avlon, author of Wingnuts: How the Lunatic Fringe is Hijacking America, who really seems to have a problem when it comes to anyone who dares challenge the government's version on … more or less anything:
wow what morons!!!!!!!
I think it's completely sane to hate the current government. I understand our societies need for a government but this government needs to be destroyed and replaced. It has nothing to do with conspiracy. The things they do out in the open are enough.
If you had said this anytime during the previous administration I would see your point, but I fail to see what Obama has done to earn all this hatred.
he has done nothing, that's the problem,
the real problem with our government really has nothing to do with who is the current figurehead,
the problem is that it is organized in such a way that requires corruption before you are allowed to participate.
He's perpetuating a failing and corrupt system. He's expanding US imperialism. A lot of the hatred towards him is ignorant and racist, i will agree. But that does not take away from the fact that he is the head of the largest capitalist empire in the world. Plus, I said it's ok to hate the current government, not just Obama or even his administration but the whole state and system.
No, what needs to happen is that the corporate welfare system needs dismantled. the american system is paralyzed, not because of "government inaction", but because of the selfish interests of the super-rich. If you really cared about this you would have been "fighting the power" back when Ronnie Raygun was touting his bullshit across the country. Instead, you choose an easy target in a difficult time. Yeah, good job on that, coward. If you want to make a difference, DO it. Right now, you're part of the problem, and your solution will bring about nothing more than the continuance of the slave state.
well I can't say I was old enough to have a really coherent political thought, seeing as though I was under 10, when Reagen was around but nice try though.
Some people are late bloomers, I guess.
Some people are late bloomers, I guess.
From the Huffington Post: It is time for a revolution. Government does not work for regular people. It appears to work quite well for big corporations, banks, insurance companies, military...


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Basic Photography, Photoshop and Photoshop Elements Classes Taken Online and in the Comfort of Your Home
We can help you get the beautiful photographic results that you have always wanted.
As a photographic guide with Jansen Photo Expeditions, I always have a camera with me, ready to record those unexpected moments in time, what nature and the universe gives to us on a daily basis.
If you start to look at your world through the eyes of a photographer, you will be amazed at what you will see. I can help you learn to use your camera as a creative tool, that will help you see the magic moments of your life.
Each week, in our various online classes, you will have a creative assignment designed to help you think about your photography differently. You will be uploading your assignments to our private Facebook site set up specifically for your class. It will give you and the other members of the class a chance to interact and discuss your images for the week.
Our professional critique of your pictures and 1/2 hour learning session will be included as well as interaction with other members of the class. You will experience a new and creative way to look at your photographic world. Most people don't notice the beauty around them on a daily basis. Do you notice the flowers blooming, the sunset, or the mist in the fog?


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Jill Duggar & Derick Dillard Photos: True Love Timelineby Free Britney at . Updated at . Comments
19 Kids and Counting's Jill Duggar and Derick Dillard are married - and now the parents of Israel David! Here's a look back at how their love came about.
1. Their First Meeting (Sort Of)!
2. Jim Bob Plays Matchmaker
3. Their First Chat
4. Skype
5. They Meet at Last! In Nepal!
6. Welcome Home!
Wait! There's more Jill Duggar & Derick Dillard Photos: True Love Timeline! Just click "Next" below:Next
She was like a rabbit in the sack. Oh im sorry I know I promised not to tell but when your brother molested all them little girls I just could not hold back any longer. Thanks for the great night.
God approves.. Oops sorry I meant El creepy JB
I'm happyfor the couple
- Stars:
- Jill Duggar, Derick Dillard
- Tags:
- Duggar Family, Celebrity Couples
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- Jill Duggar Slideshows, Duggar Family Slideshows, Derick Dillard Slideshows, Celebrity Couples Slideshows
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November 28, 2015
Kevin Ward Jr. died of blunt force trauma when he was hit by a car driven by NASCAR star Tony Stewart.
Ontario County Sheriff Philip Povero says the autopsy was completed Monday. The 20-year-old driver was competing in a dirt-track race in upstate New York.
Authorities questioned Stewart on Saturday night and went to Watkins Glen to talk to him again Sunday. Povero said Monday there were no plans "at this time" to talk to him again.
There is no timetable to complete the investigation.
Povero says there is nothing in the inquiry that supports criminal conduct or probable cause. He says there was no camera in Stewart's car.
Click Here to access the online Public Inspection File
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or firstname.lastname@example.com.


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Thomas says you went to the office at least 18 times or more?
Bullotta objects.
Bell says I could do that because I was his fund-raiser.
Thomas says you went 18 times to give him cash. Bell answers slowly and annoyed: YES SIR.
Thomas says you went through EPU? Bell says I'd call Iris and did not have to go through EPU.
Thomas says wasn't EPU there? Bell says I didn't have to tell them why I was there.
But weren't they there?
Bell says the prosecutor will not be sentencing me.
You lied to agent Sauer first time you met him? Yes I did.
You committed a federal crime? Yes.
1:01PM Bullotta redirects.
Why did you change statements? Because when I talked to my attorney, he said if you don't tell the truth, I can't work with you. I went home and was so nervous for my life. So I called Bradley.
Bell's voice cracking.
"It is very hard for me to talk about Mr. Kilpatrick and my word against his."
You didn't want to make him look greedy says Bullotta.
1:03PM Thomas redirects.
Didn't you say petty? Was it petty or greedy? Bell is crying.
Thomas asks incredulously you thought you were helping Kwame Kilpatrick by increasing money you gave him to not seem petty?
Thomas says would you answer my questions. Stop playing with papers.
Bullotta objects saying he is argumentative. Judge sustains.
Judge adjourns court.
As was widely anticipated, government witness Emma Bell testified in court today. Bell told a rapt courtroom how she paid former Detroit mayor Kwame Kilpatrick kickbacks in his office from money stuffed in her bra.
Bell is the first cooperating witness to testify in the Kwame Kilpatrick federal corruption trial.
She plead guilty to tax evasion last year and signed a plea agreement with the government. Under sentencing guidelines, Bell is facing 18 to 24 months in prison but the government may opt to reduce that amount by half after her testimony.
Under questioning by U.S. Attorney Michael Bullotta, Bell recounted how she had met Bernard Kilpatrick and Carolyn Cheeks Kilpatrick and their family in the early 1970s through her involvement with the Shrine of the Black Madonna church.
Bell also revealed that her very first check for a Kilpatrick for Mayor fund-raising event was for $100,000.
Bullotta asked what the former mayor said when she thanked him for the payment.
"He said I was welcome and I'll see you later," said Bell. When pressed to say further by Bullotta, Bell said "He asked if I had something for him." By that, explained the witness, Kilpatrick meant that she should come back with money.
Bell then described how she would take money from a can under her bed which she would proceed to stuff in her bra or pockets.
"Hundreds mostly. Some fifties but mostly hundreds" were used to pad Bell's bra.
She would then visit Kilpatrick at his offices. Behind the closed doors of a side office, they would sit together in a barber chair and Bell would give him the money. On a series of some 18 visits, Bell testified that would typically hand Kwame between $8,000 and $10,000 a visit. From the first payment of $100,000, she said she gave him between $40,000 and $50,000.
When asked how much in total she paid Kwame, Bell responded:
"I don't know the exact amount but I know it was more than $100,000. I know it was more than $200,000."
An incredulous Jim Thomas, Kwame Kilpatrick's defense lawyer, asked "Are you telling the jury you took money out of your bra in the mayor's office?"
"I would take money out of my bra in front of my son," responded Bell calmly.
She then proceeded to lift her blouse slightly for Mr. Thomas in demonstration.
Thomas gained momentum in his questioning of the witness, taking her to task for possibly bending the truth to spare herself prison time and ultimately driving Bell to tears.
"There are only 2 people in this room other than God that know what happened. And that's me and Mr. Kilpatrick," said a teary Bell towards the end of her testimony.
Witness testimony continues tomorrow at 9 a.m.


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Send email to Dr. Keith Roach at email@example.com.
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Dear Dr. Roach: I am 76 and have been diagnosed with a condition called Wenckebach phenomena -- an irregular heartbeat. For most of my life, I have exercised frequently and have been in excellent health. I have run 22 marathons. My heart rate is in the low 60s, and I take no beta blockers. The condition is asymptomatic and does not seem to affect my exercise. After consultation with my cardiologist, he determined that I do not need a pacemaker. What is my prognosis for the future? -- J.S.
Dr. Roach: Wenckebach is a heart-rhythm disturbance, called a heart block. There are three degrees of heart ...


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High Point scores Vinci sales to Japan, US
UK outfit High Point Filmshas announced sales on Juliusz Machulski's Vinci, which screened at Cannes earlier in the week.
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- Material: Birch veneer
- Coating options: Birch veneer, natural lacquered, white or black lacquered
- Form pressed birch plywood
- No assembly required
- Overall dimensions: 22.2" H x 13.4" W x 11.1" D
- Product: Artek Kanto Magazine / Firewood Rack
- Brand: Artek
- Retailer: All Modern
Have an opinion? Care to comment? We'd love to hear what you have to say.


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|IntimateParties Group - Event 01/11/13 - Fantasy Controlled Gang Bang
[All 10 Events List]
|Single males spots SOLD OUT
|Port Monmouth, New Jersey
|SLS Liaison:
House Party
IntimateParties Group
URL: IntimateParties Group
|Please Read complete Invite.
IntimateParties Group Members Party ONLY.
Party for Couples. Single Males & Females.
Controlled Gang Bang..
Party Rules;
Do not Touch ANYONE unless they have given you permission first, harassing others will be not be tolerated, people seem uninterested, just move on,no means no, anyone not following the rules, will be escorted out on the spot.
For your privacy; Adding your name to the attendees list is optional.
To sign up You need to do 3 Things...
1-Add your name to the attendees list(optional)
2-EMAIL YOUR RSVP here on SLS.
3-Send your donation asap & we will confirm your spot right away..
We will send complete address and party info to every one that have been confirmed the day before the party on 1/10.
Party Starts at 9pm till 12am.Limited babysitting time.
BYOB Party.
Cold & Hot Buffet all night.
Party location is a private Home, great beach front safe area, tons of parking, 3 three bedrooms for private playing as well as a common area for multiple people to play. In addition, there will be light fare ( hot & cold food & Appetizers) Mixers Station with sodas and ice for your cocktails, flaming B52's & Jell-O shots in a variety of flavors but party is a BYOB.
You Can ONLY Sign up/confirm your spot by Sending your Donation.....
$30. Per Couple
$20. Single Female
$70. S. Males
Donation in advance, no donation at the door, no shows screw that up..lol
Party will be held in beautiful Port Monmouth NJ, address will be emailed to everyone with a confirmed spot on 1/11.
This party is to complete a fantasy for a few of our Members, single guys and Couples, so at 10pm. Music Gets louder, lights go out, Candles go on. EVERYONE is invited to Get into something skimpy or get Naked & Finds a couple or single to Play with or Play with own partner, this is not mandatory but it will be encouraged a little, don't have to if you are not ready.
If you are not playing,please watch quietly & be out of the way.
Can't wait to see you all!!!
Kisses & Hugs
View the Fantasy Controlled Gang Bang forum
|22 members are attending this event.
|Click Port Monmouth Swingers to find local swingers
|Events listed above are provided for informational purposes only. SwingLifestyle.com does not control the venue or the events themselves, and cannot guarantee that the events will occur on the dates indicated above. Be sure to check with the specific venues for the latest updated information.


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- Filed Under
The Indiana agriculture community is waiting to see if California voters choose to change the way foods are labeled in their state.
If approved, the Proposition 37 ballot initiative would require specific labeling on foods containing genetically engineered (GE) ingredients. That could affect crop producers and food processors across the nation.
Cargill, which purchases and processes locally grown soybeans at its Lafayette plant, is one of many food companies that oppose Prop 37. ...


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As every business owner knows, a rodent sighting at a commercial facility can be detrimental to a well-run business. Your reputation can quickly go from that of a clean and well-kept business, to run down and dirty. In the Denver and Boulder metros, the main culprits are mice and rats. Rodents multiply extremely quickly, so once established in an area they are difficult to get rid of. Just a small rodent population can cause significant damage, including:
Destroying products – Chewing holes in clothing, books, and other goods. This can cost your company significant money in repairs and wasted goods
Fire hazard – Chewed wires can cause significant fire hazards
Eaten food – At grocery stores, rodents often eat fresh produce and chew holes in boxed groceries
Food contamination – In restaurants, a rodent presence causes significant sanitation issues
For such small animals, rodents can also cause quite the mess. Droppings will be left mainly near food sources, but can be strewn all over the place. Nesting materials will be shredded, and nests can be found in many different places. They will also carry food back to their nest, and will often drop samples along the way.
Food is often the biggest attraction for rodents. The best way to prevent a rodent infestation is to remove possible food sources. Store food in airtight containers of either glass or plastic and be sure to properly dispose of all scraps before leaving for the night. Make sure that all trash cans have securely fastening lids.
If you have a mouse or rat control problem, call Sprague Pest Solutions. EnviroPest by Sprague services commercial facilities in Denver and Boulder, Colorado. Contact us today for your rodent control and professional exterminator needs.


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The next generation Bosch lithium-ion batteries allow you to run harder, longer. With no increase in size or weight, our new batteries provide up to 65% morex run time, cold weather performance (as low as -4 F) and up to 2X the number of recharges. Most of all, these batteries will boost performance and run time on all new and existing 18v and 12v lithium-ion tools.
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Here it is. The conclusion to Humanoid's last minute road trip to Hexagon, Jibtopia, and Terminus. Looks like Humanoid had some fun and ChrisO even got some trick skiing in. Enjoy.
Edit by Trevor Bashir
Video from Humanoid Wakeboards
6 Responses to "8 Hour Notice – Part II – Chris O'Shea"
JD Webb Says:
February 12th, 2014 at 11:19 am
Sick edit Chris O always killing it!!
DMND Says:
February 12th, 2014 at 6:51 pm
Serious legit riding with some nostalgia style video footy was a warm welcome to a snowy day. Good on ya Chris!
Yankmeister Winch Says:
February 12th, 2014 at 10:56 pm
Chris O…. ROTY2014?
I could see it happening…
sweet Says:
February 15th, 2014 at 9:12 am
so sick, parks look so fun, so does the trick skiing!
Norbi Vasko Says:
February 17th, 2014 at 2:07 pm
truth Says:
February 18th, 2014 at 1:37 pm
Trevor Bashir is the only good thing happening in wakeboard media these days.


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August 26, 1996
Subject: Whether Cost of Dispatch Personnel Necessary for Twenty-Four Hour Operation of 911 Emergency Telephone Service May be Paid from Funds Collected to Establish And Operate a 911 Emergency Telephone Service.
Written by: Gerard R. Gerhard
Requested by: Hon. Edward J. Rudd, Bracken County Attorney
Syllabus: The cost of dispatch personnel necessary to maintain 911 emergency telephone service on a twenty-four hour basis may be lawfully paid from funds collected to establish and operate a 911 emergency telephone service.
OAGs cited: None.
Statutes Construed: KRS 65.750; 65.760; 65.760(3)
Opinion of the Attorney General
The following question has been presented:
Where a county wide dispatch phone service is established by ordinance and provides for payment of one full-time (40 hours per week) dispatcher, may the personnel required to operate a 911 emergency service for the remaining time (128 hours per week) be paid out of funds derived from the 911 fees which may be added to the phone bills?
Answer in Brief
In our view the answer is yes, although the ordinance mentioned would have to be amended if it restricts the use of funds collected for 911 purposes to payment for one full-time position. Discussion follows.
The use of funds collected pursuant to KRS 65.760 to establish and operate a 911 emergency telephone service is specifically restricted by KRS 65.760(3), which provides in part pertinent here:
All revenues from a tax or fee expressly levied to fund 911 emergency services shall be expended solely for this purpose.
We believe 911 emergency services, as quoted above from KRS 65.760(3), means, in the context of its use, 911 emergency telephone services, as such service is the subject of KRS 65.750 to 65.760. 911 Emergency Telephone Service is defined in KRS 65.750 in the following terms:
As used in KRS 65.755 and 65.760, `911 Emergency Telephone Service' means a telephone service which provides the user of the public telephone system the ability to reach local emergency service agencies on a twenty-four hour basis, by dialing the digits 9-1-1. Such a service is capable, at a minimum, of transmitting requests for law enforcement, firefighting, and emergency medical and ambulance services to a public safety agency or other provider that provides the requested service where the call originates.
(Emphasis added.)
It is obvious from a reading of the provision quoted above that 911 emergency telephone service includes the personnel necessary to receive a call to 911, and to refer (or, stated another way, dispatch) the call to a responding agency. Without dispatch personnel, the 911 emergency telephone service could not transmit calls to appropriate agencies as called for in the provision cited (KRS 65.750).
The 911 emergency telephone service, as the above quoted provision directs, is to be provided on a twenty-four hour basis. It follows that dispatch personnel necessary to provide 911 telephone service on a twenty-four hour basis may be properly funded from funds collected to provide such service in accordance with KRS 65.760. More than one full-time position clearly is necessary in order for statutorily directed service to be provided.
The request for this opinion indicated that a county wide dispatch service is established by ordinance and provides for payment of one full time (40 yours per week) dispatcher. If that ordinance restricts use of funds collected pursuant to 65.760, to payment for one full-time dispatcher, the ordinance would need to be amended.
A. B. Chandler III
Attorney General
Gerard R. Gerhard
Assistant Attorney General


text:
- Filed Under
A Webster mother has filed the second lawsuit against the distributor of bulk Turkish pine nuts that tested positive for a strain of salmonella responsible for a multistate outbreak.
Kimberly Waterbury filed suit Tuesday in federal court on behalf of herself and her minor child against American Pistachio Commodity Corp., which does business as Sunrise Commodities of Englewood Cliffs, N.J.
The suit claims that Sunrise Commodities was strictly liable for the contaminated product. The suit also claims the company was negligent for not using reasonable care in the manufacture, ...


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VO70s are fast, but kite surfers are faster - check them both out here. And get the full info on the China Club Challenge Match, China's one and only inter-Club Corinthian event. AND check out pics on the new Flying Tiger 7.5All on Sail-World Asia, and lots more on the website www.sail-world.com/asia. Welcome to the week! China Club Challenge Match - wrap up Alistair Skinner, The China Club Challenge Match (CCCM) elimination series was held during the Chinese National Day Holiday in Xiamen. Ten teams attended the event which was the first part of the process to select a challenger to meet current holders, Hansheng.... [more]World exclusive pics of new Flying Tiger 7.5 Alistair Skinner, By happy coincidence during the China Club Challenge Match Hansheng Yachts launched the Flying Tiger 10's smaller sister, the FT7.5 - today it went for its first sail and being umpire for the event was lucky to have a RIB at my disposal.... [more]China Club Challenge Match Day 4 Alistair Skinner, Today produced the softest breeze of the regatta. In flight one the results seemed a foregone conclusion but the combination of SBYC having an off day and the Hong Kong Team finally having a full crew on board meant that it was all to come down to the wire... [more]China Club Challenge Match day 3 Alistair Skinner, Day Three of the China Club Challenge Match dawned with promise of more of the same. Skies that this time were bluish rather than blue. Breezes around 8-10 knots and teams raring to go. In the middle of the day the breeze went soft. Where was Xiamen's almost legendary and usually dependable sea breeze? The answer was it won the fight with the gradient breeze and piped up to sufficient levels to ca... [more]Gulf of Aden Pirate Corridor Waypoints for Sailors Nancy Knudsen, February is the month when most cruising sailors set out to transit the Red Sea. At this time of year the winds in the south Red Sea are favourable, and a boat will reach the Mediterranean just in time for the European Spring. However, the challenge in 2009 will be the pirate infested Gulf of Aden. For this, a security corridor has been established, and boats are advised to travel in convoys.... [more]Green Dragon fifth after Day 1 In-Port racing Lucy Harwood, Volvo Ocean Race In-Port race. For Ian Walker and his Green Drahon crew, a strong third place in race one was followed by a disappointing sixth in race two after sail handling errors today on the bay of Alicante.... [more]Fifty knots broken again - New Speed Record Markus Schwendtner, Alexandre Caizergues (FRA) is the fastest sailor on earth now, with a blistering 50.57 knots run today, accompanied by several more 50s and high 49s.... [more]Images from VOR: First In-Port Races, Alicante Rick Tomlinson, Top photographer Rick Tomlinson present a gallery of images from the first two In-Port Races in the Volvo Ocean Race held at Alicante, Spain... [more]Volvo OR: Win-Win for Telefonica in first In-Port Volvo Ocean Race Media, After two races held in the bay of Alicante in glorious Mediterranean sunshine, leading from start to finish in race one, and winning an intense battle from Puma to take race two, Telefónica Blue finished in first place overall in front of their home crowd and now heads the leaderboard of the Volvo Ocean Race.... [more]Volvo In-port race preview Mark Chisnell, The Volvo Ocean Race 2008-09 will open in Alicante, Spain, Saturday with the first of seven in-port races. The action kicks off at 13.00 local time and there have been plenty of changes to the format. This time around there will be two races each day, with a target time for each race of just 50 minutes. With four legs per race that's an average of 12.5 minutes a leg... [more]New World Speed Record 50.26 knots Sail-World, Subject to WSSRC ratification, kite surfer Sebastien Cattelan (FRA) has finally broken the magical 50 knots barrier, the holy gral of speed sailing. Accompanied by several high 49 knots runs from himself, Alexandre Caizergues and Jerome Bila (all France) he was the only sailor finally getting to 50.26 knots.... [more]Volvo Skippers have the final word Volvo Media, They lined up on the stage, mostly staring at their feet. When the microphone was passed around, the eight Volvo Race skippers took turns to speak inoffensive lines to the press pack. Saturday they will sail in anger for the first time in this series - The neutral, calm personalities on a stage will morph into every extreme on the water, screaming, shouting, urging and cursing, all for four points... [more]Gloves off at China Club Challenge Match Al Skinner, Marks were hit three times - in fact one team didn't realize that the race officials took the marks home, and performed a creditable attempt at towing it down the course. There were people pushed to OCS, some didn't respond to the push quickly enough, doubts of whether room was a team's right and tacks with nowhere for the give way boat to go. In other words Chinese big boat racing is coming of ag... [more]America's Cup Hall of Fame Induction postponed Sarah Watson, John Biddle passed away this morning in his sleep. Mr. Biddle had been selected for induction into the America's Cup Hall of Fame for his outstanding work in documenting the 12 Meter era of America's Cup competition, and was scheduled to be inducted at a ceremony to be held October 23rd, in New York City. The induction will be postponed until a date to be determined in Spring 2009.... [more]Green Dragon announce In Port additional crew Lucy Harwood, With just three days to go until the first Volvo Ocean Race In Port race on October 4th, Green Dragon have announced their additional crew in the form of America's Cup sailors David Carr and Julien Cressant.... [more]
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check this one: http://audiojungle.net/item/action-theme/4350389
It fits really good with any kind of race videos.
Hello Allen,
here is my track that I would love to be part of Valentines collection: http://audiojungle.net/item/do-you-remember/621291
secretpony said
Rules and restrictions aside, it's promotion at the very least. People pay good money to promote themselves and get heard… i've noticed many of the tracks getting lots of spins quickly, just by virtue of appearing on the Bleeding Fingers competition track list. So even if you don't qualify for the competition there's still benefit from submitting.
In fact there are quite a few submissions that have nothing to do with the contest!
And regarding giving up your rights to the track, remember that if you don't enable downloading, all they could do is rip the MP3. Granted they could release it, but chances are they'd want better quality than that. So in the end, if they wanted your cue, they'd still have to ask you for it. That puts you in a position of power regardless of the rules.Anyways, here's my lil take on it http://www.hanszimmerwantsyou.com/tracks/285
Really nice arrangement, I would never had something like that in my head as idea for recomposition. Work is really original.
When it comes to contest, yes it is bad that only composers from few countries can compete, but as somebody mentioned, I think that is good idea to download stems. On that way you can hear every single part of Hans composition, catch his concept of composing and learn something from it.
Hey cyprusx, try this old school hip hop track. Is really chill out. You can very easily loop it if you need longer version, or I can extended for you and upload it on AJ.http://audiojungle.net/item/smooth-and-sexy/2779329
Thanks for listening and cheers!
thank you on your detailed post. It is very nice from you to write all these things. This is great moment when people get talking about their experience in composing and producing process. On that way we learn a lot from each others and I think that is biggest value of this forum.
Crian said
But basically its about trying .. and trying .. and trying I guess .. or do you exactly know how to use all of these buttons? For me this seems like it is a whole science for itself.
I wold rather say practice and practice and practice. I know what one compressor, EQ, delay reverb… do to my tracks. If I have some new plug in with some option that I do not know how it manipulates with sound I always found out before start to using it. But at the end, most important is to listen. If it sounds good, it sounds good…
Hi Crian,
Maybe you should find some books online, or video tutorials about mixing and mastering. My advice is to start learning from beginning.
About your questions:
1. What I experienced with producing orchestral music is that good arrangement is a half of work. If you make good arrangement, you will use less EQ in mix and believe me less is more in mix. For example think about double bass and tuba. If they play in same range, same notes, they will probably sound muddy in mix. Think about that wile you are composing your tracks. Also, think about where you are going to put low timpani in track, they also can make mud with another low instrument in mix…
When you EQ your tracks, you must really listen to what you are doing. EQ as much as instrument still sound natural. In my case I never boost, or cut more than 2 or 3 dB, except when I want to high pass some instrument.
2. Before you start mix, always export your midi tracks in WAV. That will save you CPU power in mix stadium and believe me you will need it. If some exported track clips, take gain down on that track and export it into wav again.
3. When I start to mix, I start from drums. For me, drums are the most important thing in mix, besides vocals. I like to compress and tight drums. When I finish with drums, I add rest of tracks in mix, producing them and in every moment watch not to harm drums in mix… So, always start with drums…
My 2 cents. I hope I helped.
I use pianoteq for piano. Small vst plugin with very good piano sound.
For strings I would recommended East West, Miroslav Philharmonik and Vienna. I often use East West, but I think to move on Miroslav Philharmonik, because East West samples have tones of reverb that I can not absolutely reduce.
"Catch me if you can" – http://audiojungle.net/item/catch-me-if-you-can/589087
Little bit of cartoon music style.


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The mid-Victorian period made a shift from its earlier preference for highly colored jewelry. Materials such as onyx, black glass, ivory and Whitby jet took on a strong role in the production.
Here a pair of drop earrings has been fashioned from two orbs of onyx. Acting in the role of surmount, a small ball of onyx has been faceted and polished and, employing 14k yellow gold wire suspends a similar albeit larger orb of faceted onyx. Yellow gold ear fittings of 14k complete the pair.
Date: Circa 1880.


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Buddy Project 100 episodes party
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Eee..Kunal and Bharti..my YaRa !
love them !
Thumbs Up !
Bharti and Kunal
u rock <3
Blue with red but I dont like it( kj + bharti )
I like black with red(fahad + bhati)
Cute jodi but I will always loveARHAD
YaRa!!!!!!!!!Love u Bharti & Fahad.
was tat TC article true:O :O ;) ;)
both of dem looked awsm!!
YaRa love you guys !!!!!!!!!!!!
they are so much in their character that they are even together during party
RV-kiya lookin awesome together
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Historic Wrightsville's Heritage Day is set for 9 a.m. to 3 p.m. May 24, according to news releases.
The event will be held at the town square as well as North Fourth and Locust streets. It will feature arts, crafts, entertainment and food, including sharp cheddar cheese from Phillips.
Wrightsville Historical Museum at 309 Locust Street will be open during the event with a featured display on communications.
Stan's Blacksmith Shop will offer demonstrations. Mascots for the York Revolution and Lancaster Barnstormers are expected to be present.
A car show, including antique, classic, custom and muscle cars, street rods and trucks, also is planned.
A new feature this year will be a section devoted to a community yard sale. Residents can have a stand at their home or reserve a paid space in the Heritage Day area for $10. Visit www.historicwrightsvillepa.org for an application form.


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BNA - For Australian and visiting cyclists from Road to MTB, to Track to Freestyle
Noob needs a mountain bike
Mountainbiking central
Noob needs a mountain bike
Hi guys,
I've signed myself up for Hells Bells 24 hour adventure race.
Part of the race is 55-80km's of mountain biking along "Forest roads, fire trails and a large section of awesome single track."
Just wondering how much I would have to spend to buy a decent, beginner mountain bike? If you guys have any suggestions on particular types or what I should be looking out for that would also be great.
If buying works out too expensive, is there anywhere you can rent a mountain bike for weekend? (brisbane area)
thanks in advance for any help you can give me
Re: Noob needs a mountain bike
Ummmm..... what do you ride now? Because if you say 'nothing', you haven't got enough time left to do enough training for this so that you don't injure yourself.
I ride, therefore I am.
...real cyclists don't have squeaky chains...
Re: Noob needs a mountain bike
uh oh.....
wish me luck then i guess....
Re: Noob needs a mountain bike
Like every sport, there are 'sport specific' adaptations that take place as you exercise, one of my mates has gone from fairly experienced road rider to MTB and the first couple of months nearly killed him with sore arms and legs.
Buy a cheap MTB now, ride it off-road two days on, one day off until the event. Start off with whatever you can get away with comfortably (10 - 15km), work your way up from there. Hopefully, you won't end up with any physical issues.
Good luck.
I ride, therefore I am.
...real cyclists don't have squeaky chains...
Re: Noob needs a mountain bike
thanks for the advice mate, i really appreciate it.
Any advice on what this cheap mountain bike should be? As you can tell I really have no idea about this stuff but I'm keen and relatively fit if that helps any.
Re: Noob needs a mountain bike
Nope - I don't do MTB. For me that's a "Black Art" of how to crash into crap without killing yourself.
I ride, therefore I am.
...real cyclists don't have squeaky chains...
Re: Noob needs a mountain bike
Look at the Malvern Star XCS range, very good value for money for a beginner, otherwise Giant are always a pretty safe bet....but then you haven't mentioned what you consider to be cheap.
Re: Noob needs a mountain bike
Wow, you really have left this very late. I trained for 3 months to finish the Back Yamma Bigfoot and that was only 50km, and I already have a couple of years of mtb experience behind me.
The mountain bike part requires specific skills and habits that you don't pick up in just a few weeks unless you have a magic skills acquisition pill. Be aware that if you get it wrong on a mountain bike it can go very wrong, and you are almost always a long way from emergency services help. Trying to race while never having ridden a mtb previously is setting yourself up for a world of hurt - you will come off. And when you do you will hit something, usually soemthing immovable.
My advice is sell your ticket.
If despite the warnings you still plan on going, make sure your private medical cover is paid up because helivac is hideously expensive, their debt collectors are aggressive and they will mark up your credit and sue your ass if you are slow in paying. Handing over your newly acquired mountain bike as part settlement will not work.
When all else fails, persistence prevails -- Lew Hollander
Re: Noob needs a mountain bike
Wow, thanks for the heads up man. I'll take it easy on the mountain bike section and do my best not to break anything.
Definitely won't pull out of the race but will be out there practising as much as I can over the next few weeks. Any tips on a good spot in Brisbane to practise?
With a bit of luck I'll break an arm before the race...
Re: Noob needs a mountain bike
I think we are a bit light on for info. Sure it is dangerous, but if you take it easy and know your limits you might be ok.
How old are you, and how well physically prepared are you for an endurance event? Knowing your body and limits is an important factor in these events.
How much can you afford to spend on a bike?
Re: Noob needs a mountain bike
G'day, thanks for the reply. I'm 28 years old and I'd say i'm about as fit as i've ever been. Not that that's saying much but I do a lot of rockclimbing and I can get through a 10km run without too much troubles.
The plan for the race is most definitely to finish, not to win. We're being realistic about our inexperience and we're just going to give it a red hot go without getting in over our heads.
I reckon $500 seems a nice round number for a mountain bike but my budget is flexible if somebody pipes up and says i need to spend a little more or should spend a little less. At the moment I'm training on the road bike just to get a little match fitness up. It's true what they say about riding a bike it seems...
Re: Noob needs a mountain bike
OK, so I haven't succeeded in scaring you off.
I don't know if you're used to clip-in pedals on your road bike but I would go with flat pedals if I were in your shoes (pardon the pun). That will at least give you quicker bailout options when you make a mistake. The dirt and fire roads are not an issue. If you're sensible and ride enough between now and then to get a feel for where the traction limits are you'll be fine with them. It's the singletrack that I am concerned about.
"Sweet singletrack" usually means banked turns weaving between trees that are handlebar width apart, over tree roots and rocks, the occasional drop-off mixed with loose and possibly rocky descents. Do you have someone who can take you out on the trail and demonstate how to handle these? The risk here is that mistakes can very easily lead to you hitting immovable objects in an uncontrolled fashion. That does not usually end well.
A 500 dollar bike will be unlikely to get you through 55-80km of trail without mechanical issues. I'd budget twice that at minimum.
On the weekend it took me 2 hours 35 to cover 50km on a relatively flat course going continuously flat out, and I finished middle of the field. Add some hills and your time on the bike goes up significantly. What are you doing for nutrition on the bike?
Last edited by trailgumby on Wed Sep 29, 2010 7:48 pm, edited 1 time in total.
When all else fails, persistence prevails -- Lew Hollander
Re: Noob needs a mountain bike
Spend a little more if you want to complete it. Maybe look at secondhand for that price.
That may be true, but not for MTB. I used to race in the early '90s but still crashed a lot getting back into MTB early last year. It will likely be the night riding (harder to judge the trail) and especially the early morning riding (tired) that will get you.
Re: Noob needs a mountain bike
cool nobody, what do you suggest as a bike to start out with?
Re: Noob needs a mountain bike
sorry trailgumby, didn't see your reply there.
I don't scare too easily but I am slowly coming to the realisation that this is kind of like the time at pacific fair when i put a whole Macdonalds cheeseburger in my mouth at once (I bit off more than I could chew).
So if it's anything like that, I'll chew slowly, breathe through my nose and try my best to stop laughing and spraying chunks all over my friends. Um, this analogy isn't working....
A thousand bucks for a bike is perhaps a little more than I was hoping to spend. I'm fine with being laughed at on the internet so I guess I have to ask...Is renting a mountain bike for $50 from Anaconda a terrible idea for this thing?
Re: Noob needs a mountain bike
I'll be specific for ya...
You should buy a Felt Q820, specifically this one...
http://www.bikeexchange.com.au/bikes/pr ... ntain-bike
That was a shameless plug which will probably get deleted...
But it's not a bad example of what you should look for roughly, assuming your going to take it easy, and don't plan to "race" as such. It has decent gear on it, hydro brakes, reliable drive system and shifters and reasonable frame.
*** insert signature here ***
Re: Noob needs a mountain bike
OK, I'm glad to see some sense of the scale of what you've undertaken is starting to sink in.
You'd be unlikely to get anything better than your $500 bike for that kind of rental for a weekend. And you desperately need to practice before the event. The race is not the time to have first thrown your leg over a mountain bike.
Work out what size (most important for an event of that length) you need and see if you can pick up something secondhand... Do you know anyone who might be able to lend you a bike the right size for a few weekends?
The right bike size is crucial. Imagine trying to run for four hours in shoes that don't fit you properly. Bike fit is similar. Oh, and get yourself some decent bike shorts and chamois cream, pronto. Are you aware that you need to "go commando" with bike shorts?
When all else fails, persistence prevails -- Lew Hollander
Re: Noob needs a mountain bike
Actually, if that bike of Cincer's fits you, I'd buy it.
That is the kind of bike you need to get you to the other end of the course without falling apart. Good quality gear on it that is up to the job.
When all else fails, persistence prevails -- Lew Hollander
Re: Noob needs a mountain bike
I've gotta say, I really don't agree with what you guys are saying about needing to spend more than $500...maybe a little more than $500, but not a whole lot. I've recently bought myself a Giant Talon 3, nothing more than really entry level, but I've ridden it a few hundred km's in the last month or so and haven't had a single issue (bar adjustment after initial cable stretch). It's by no means the fastest/lightest/coolest bike out there, but it's done pretty well so far with me banging up and down trails all over the place. On top of that, there's probably better value out there than the Giant too. Keep in mind that I'm not exactly the smoothest rider either at this stage and the bike's copped a few hits.
If the main aim is to finish, then you'll find something for that sort of money that will fit the bill IMHO.
Re: Noob needs a mountain bike
There is a difference between doing a few hundred k's spread over a few weeks and attempting 55-80km in one hit.
I'm glad you're enjoying such good reliability from your bike - your bike shop has built it well. IME Shimano Deore shifters, derailleurs (both) and brakes are the minimum spec for long term reliable operation on a mtb. SRAM SX5 would be similar. Anything more "budget" than that can be expected to give poor service life and become unreliable relatively quickly.
The advertised used bike above represents outstanding value for the OP ... if it fits him.
When all else fails, persistence prevails -- Lew Hollander
Re: Noob needs a mountain bike
I don't quite understand that, do you mind explaining please?
Re: Noob needs a mountain bike
I'll have a go.
Aren't your brakes M416 Shimano mechanical? I've tried them on a associate's bike at work to find it was hard to stop well. I use Avid SD7 (V brakes) and BB7. The SD7 were much easier to operate that the Shimano mechanicals. The BB7s even more so. Maybe they have improved over the last couple years, but it would be difficult to convince me to use them for an extreme enduro event. Even though I'm happy to use BB7s for what I do, I might consider hydros if I was doing extreme events.
Re: Noob needs a mountain bike
I've broken 3 of those alivio RDs fitted to your bike (in a bike that lasted me all of 2.5years), and I'd imagine it wouldn't take many hard changes to bend that front cage of yours either as it looks weaker than the old alivio front cage which also bent, got straightened, bent again and got thrown out.
Bear in mind both of my deore deraileurs have thus far had 4 year service lives including completing a similar race distance, and the training leading up to it, quite a bit of general single track and firetrail and stop start, wet commuting etc, most likely totalling 20,000kms or so now.
Not saying that he can't or won't finish the race on a cheaper bike, its just a question of whether buying a $500 asset with a short ultimate lifespan before trouble strikes is what he wants. Lots of people do only need a bike with a lifespan of a couple of 1000 kms, because they'll stop riding it after the second puncture unless someone tells them to get some puncture protected tires.
Re: Noob needs a mountain bike
There are a number of things going on in an enduro race that make it a quite different environment to just pootling around on your local trails, even if you are training at a high rate of perceived exertion.
Firstly, the red mist that descends in a competitive event. You are going a lot harder, pushing a LOT closer to your real limits and your bike's limits.
You'd be amazed at how much faster you go in a race compared to a normal ride. This puts reliability and consistency at a premium. You need to be able to trust your bike.
Secondly, the chances are high that at some stage you'll find yourself riding and riding hard in conditions you wouldn't contemplate recreationally. I'm talking dust, rain and mud.
In wet races, low-end hydraulic brakes go through their pads pretty quickly - you need to carry spare pad sets if you want to get to the end with brakes. Folks with more upmarket brakes have metallic pads available to them, which have a much longer life. Cable brakes can completely lose the rear brake when it's muddy - the cable gets so much drag that all your finger strength goes to overcoming cable friction and none worth speaking of actually gets to the pads!
Thirdly, in a long race (50-100km) you don;t have much opportunity to stop and wash your chain or maintain your bike - none, if you want to be at the pointy end of the field. It's going to sound pretty 'orrible by the time you cross the finish line from all the crud in it, and the higher-end systems are much better able to tolerate dusty dirty and muddy environments before misbehaving.
When all else fails, persistence prevails -- Lew Hollander
Re: Noob needs a mountain bike
That's what I like about thumb shifters. When it all goes wrong you can still shift to friction mode and get home.
I'm also starting to think full length cable housings are a worthwhile weight penalty.
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