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September 20, 2012
INSTINET INCORPORATED, INSTINET HOLDINGS INCORPORATED, INSTINET GROUP, LLC, AND INSTINET, LLC, PLAINTIFFS,v.ARIEL (UK) LIMITED, DEFENDANT.
This declaratory judgment action arises from a dispute regarding the scope of defendant Ariel (UK) Limited's ("Ariel") rights in the computerized securities trading software developed by Plaintiffs Instinet Incorporated, Instinet Holdings Incorporated, Instinet Group, LLC, and Instinet, LLC (collectively, "Instinet"), pursuant to a series of licensing agreements signed in the 1970s. The Court previously granted Instinet's motion for summary judgment with respect to its first and second claims for declaratory judgment, but denied Instinet's motion with respect to its third and fourth claims for declaratory judgment because the parties had not adequately addressed the question whether Instinet's current securities trading platform incorporates know-how or patents in which Ariel possesses licensing rights. See Instinet Inc. v. Ariel (UK) Ltd., No. 08-CV-7141 (JFK), 2010 WL 779324, at *9 (S.D.N.Y. Mar. 5, 2010). They have now done so.
Instinet renews its motion for summary judgment with respect to its remaining claims. For the reasons that follow, the motion is granted.
The following facts are taken from the parties' Local Civil Rule 56.1 Statements submitted in connection with the instant motion (which incorporate by reference the Local Civil Rule 56.1 Statements submitted in connection with Instinet's prior motion for summary judgment), the affidavits submitted in connection with the instant motion, and the exhibits attached thereto. Unless otherwise noted, the facts are undisputed.
Instinet is successor in interest to Institutional Networks Corporation, which was founded in 1969 to develop a computerized trading system for securities. Instinet, 2010 WL 779324, at *1. Through its various entities, Instinet continues to operate an alternative securities trading system and uses its computerized network to match buyers and sellers of securities. (Pls.' L. Civ. R. 56.1 S. ("Pls.' Nov. 2011 56.1 S.") ¶ 1, Nov. 29, 2011, ECF No. 56.)
Ariel is a British company formed in 1971 by a group of London-based merchant banks to establish a computerized trading system that could trade blocks of stock between large institutions. (Pls.' L. Civ. R. 56.1 S. ("Pls.' Sept. 2009 56.1 S.)
¶ 1, Sept. 2, 2009, ECF No. 22.)
In or around 1970, Instinet obtained both European and American patents on an early computerized securities trading system (the "Instinet System"). At around the same time, Ariel was attempting to develop its own trading system (the "Ariel System"). Concerned that Instinet's European patents could pose an obstacle to the development of the Ariel System, Ariel entered into a licensing agreement (the "1972 Agreement") with Instinet on August 11, 1972, under which Ariel could develop its own computerized securities trading system based on the design of the Instinet System. In return, Ariel agreed to pay Instinet licensing fees and royalties. Both parties agreed to disclose to each other all improvements relating to the systems they developed during the term of the agreement, regardless of whether the improvements were patentable. The 1972 Agreement had a term of 14 years, subject to certain conditions that would provide Ariel licensing rights under the agreement in perpetuity. See Instinet, 2010 WL 779324, at *1.
After the execution of the 1972 Agreement, Ariel and Instinet began working together to develop a new version of the Instinet System (the "Original Instinet II System"). Id. According to Ariel, its role in the joint effort was to "develop and deliver to Instinet the definitions and the specifications of the messaging between the information backbone and the trading engine." (Df.'s Sept. 2009 56.1 S. ¶ 21.)
On or about December 24, 1975, Ariel sent to Instinet a proposal to
renegotiate the 1972 Agreement. Under the terms of the proposal, Ariel would pay Instinet $175,000.00, and in exchange would receive a non-exclusive license in all those territories where Instinet had patents granted or pending, as well as full and unencumbered access to and right to make use of the Original Instinet II System and documentation on the same terms as though the 1972 Agreement were still in force. This proposal was subject to the condition that the parties' attorneys would "draw preceding agreement and conditions." See Instinet, 2010 WL 779324, at *1. On December 26, 1975, Instinet accepted the offer and urged Ariel's lawyers to send confirming papers. Id. at *2.
In or about April 1976, the parties finalized their agreement by signing a written contract with an effective date of December 31, 1975 (the "1975 Agreement"). See id. The 1975 Agreement provided that the 1972 Agreement "be treated as terminated" and "the obligations of both parties . . . shall wholly cease on that date." (Sillis Decl. Ex. I (the "1975 Agreement") ¶ 4(1), Sept. 2, 2009, ECF No. 17.) The 1975 Agreement also granted Ariel "a non-exclusive license in respect of the Patents[,] the Future Patents[,] and the Know-How . . . together with the right to grant sub-licenses thereunder." (Id. ¶¶ C, 5(1)--(2).) The parties defined the "Know-How" to mean: all know-how[,] document ation[,] information[,] procedures[,] knowledge[,] experience[,] and data . . . developed up to [December 31, 1975] by or for Instinet or Ariel and which relates in any way to the Instinet System[,] the Ariel System[,] and the Instinet Two System, [or] . . . developed after [December 31, 1975] but prior to [June 30, 1976] by Instinet in conjunction with Ariel and Datasynteks and which relates in any way to the Instinet Two System so far in each case as the same is for the time being secret or confidential. (Id. at 3.) In the 1975 Agreement, the parties also defined the term "Patents" and "Future Patents." "Patents" was defined to include "all patents or similar forms of protection in any part of the world of which Instinet or Ariel is the proprietor at the time of signature hereof and which relate in any way to the Instinet System[,] the Ariel System[,] and the Instinet Two System." (Id.) "Future Patents" referred to: all applications for Patents or similar forms of protection in any part of the world made by or on behalf of Instinet or Ariel and pending at the time of signature hereof to the extent only that the same cover the Instinet System[,] the Ariel System[,] and the Inst inet Two System . . . and all such applications in any part of the world which may hereafter be made by or on behalf of Instinet (or by or on behalf of Ariel . . . ) and any patents granted pursuant to any such applications as are mentioned above. (Id. at 3--4.)
Under the 1975 Agreement, Ariel was "entitled to retain all materials, plans, programs, information, and documentation[,] including the Instinet Documentation supplied by Instinet at any time on the basis that Ariel shall continue after [December 31, 1975] to operate the Ariel System but without payment of any kind to Instinet." (Id. ¶ 4(3).) Ariel was also granted "full and unencumbered access to and the right to make use of the Instinet Two System and all documentation programs and data relating thereto without payment of any kind." (Id. ¶ 5(4).) The 1975 Agreement reflected Ariel and Instinet's agreement that "each of them is free to operate and to license others to operate computerized communications systems in any part of the world as contemplated herein." (Id. ¶ 6.)
On June 30, 1976, David Manns, one of the creators of the Original Instinet II System, left his employment at Ariel and soon began working at Instinet. Over the next three decades, Manns would continue to work on the improvements to the Original Instinet II System (Decl. of Michael J. Little ("Little Decl.") Ex. E 21:22-- 22:23, Nov. 29, 2011, ECF No. 59,) but as the Court noted in its ruling on Instinet's prior motion for summary judgment, "it is undisputed that David Mann's departure from Ariel to Instinet terminated the working relationship between the two firms," Instinet, 2010 WL 779324, at *2.
In September 1976, Instinet began operation of the Original Instinet II System, which was based on new software (the "1976 Software") different from that which operated the Instinet System. (Declaration of Chris Rogers ("Rogers Decl.")
¶ 4, Nov. 29, 2011, ECF No. 55.) The Original Instinet II System was incrementally modified over the next three decades, resulting in a modified system (the "Modified Instinet II System") of which the 1976 Software remained a part. (Little Decl. Ex. E 22:4--23.)
In 2005, Instinet began development of a new system (the "Current Instinet System") developed by its Chief Technology Officer, Chris Rogers. (Rogers Decl. ¶¶ 8, 10--11.) The Current Instinet System was based on new software (the "2005 Software") that was written in a different programming language than the 1976 Software and contains "algorithms and programming logic" different from its predecessor systems. (Id. ¶¶ 11, 13--14.) According to Instinet, a replacement of the Modified Instinet II System was necessary because the 1976 Software was designed to run on the now-obsolete Digital Equipment PDP-II computer system, which "has not been manufactured or supported since the mid-1990s." (Pls.' Nov. 2011 56.1 S. ¶ 4.) Instinet asserts that even "if a copy of the 1976 Software could be located, its components could not be run on any modern computer." (Pls.' Nov. 2011 56.1 S. ¶ 4.)
Ariel claims that the Current Instinet System continues to integrate components of the Original Instinet II System and disputes Instinet's characterization of Instinet's various systems as consisting primarily of software. In a deposition taken in connection with this litigation, David Manns testified that the Original Instinet II System consisted of "an engine," "a backbone network," and "front end systems and virtual display screens for traders." (Df.'s L. R. 56.1 S. ("Df.'s Nov. 2011 56.1 S.") ¶ 2, Nov. 29, 2011, ECF No. 60.) The 1976 Software, in Ariel's view, was just one component of the Original Instinet II System. Additionally, Ariel provides quotations of statements allegedly made by Instinet employees to three online news sources to support its claim that the Current Instinet System continues to use technology from the Original Instinet II System. (Df.'s Mem. Opp. Mot. Summ. J. 2--4, Nov. 29, 2011, ECF No. 58.) Contrary to the assertions of Instinet, Ariel contends that the 1976 Software could be run on modern computer systems through software emulation of the PDP-II computer system. (Df.'s Nov. 2011 56.1 S. ¶ 4.) Ariel, however, does not contend that 1976 Software itself is in use by Instinet at the present time.
In 1996, Ariel sent letters to both Instinet and Reuters, the majority owner of Instinet at the time, requesting a meeting with their representatives regarding the status of its rights pursuant to the 1975 Agreement. Instinet declined Ariel's request. In October 2003, Ariel engaged Origin Limited ("Origin") to provide an opinion on the validity of Ariel's intellectual property rights. On March 22, 2005, Origin, on behalf of Ariel, sent a demand letter to Instinet and Reuters, requesting "assurance that [they] will honour [their] obligations to Ariel" under the 1975 Agreement. (Decl. of Robert L. Sills ("Sills Decl.") Ex. K at 4, September 2, 2009, ECF No. 17.) Representatives for Instinet and Reuters again rejected Ariel's demand.
Ariel subsequently brought an action in this Court against Instinet and others, seeking declaratory relief as well as money damages for copyright infringement and breach of contract, based on Instinet's alleged use of Ariel's technology pursuant to the 1975 Agreement. The action was dismissed with prejudice on the grounds that defendant held licenses to use Ariel's technology. See Ariel (UK) Ltd. v. Reuters Group PLC, No. 05 Civ. 9646, 2006 WL 3161467 (S.D.N.Y. Oct. 31, 2006), aff'd 277 F. App'x 43 (2d Cir. 2008). The Court also declined to exercise supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice. Id. at *10--11.
In June 2008, Ariel sent another demand letter (the "2008 Demand Letter") to Instinet, claiming that it has a "right of ingress" in the Current Instinet System based on the 1975 Agreement. (Sills Decl. Ex O at 1.) Ariel asserted that this "right of ingress" in the technology used by Instinet in June 2008 was "contemplated in the perpetual reciprocal license Agreements . . . envisioned in the 1972 Agreement and imputed explicitly and implicitly into the 1975 Agreement by manner of the Cable Agreement." (Id. at 1--2.) Additionally, Ariel demanded that Instinet "supply a list of patents, extant and applied for that relate in any way to the Instinet II technology and that Instinet . . . execute short form agreements enabling Ariel to commercially sub-license [the Current Instinet System] to companies operating in the matching technology space." (Id. at 2.)
On August 11, 2008, Instinet commenced this action seeking a declaratory judgment addressing the rights and obligations of the parties. Instinet petitioned the Court to declare that:
(1) "the 1975 Agreement terminated the 1972 Agreement in its entirety;"
(2) "pursuant to the 1975 Agreement, the technology and software being licensed to Ariel is limited to such technology and software as it existed no later than June 30, 1976;"
(3) "Ariel has no rights in or to Instinet's current technology or software;" and
(4) "Ariel does not have any of the rights claimed in the Demand Letter, whether pursuant to the 1972 Agreement, the 1975 Cable Agreement, the 1975 Agreement, or otherwise."
(Compl. ¶ 26(a)--(d), Aug. 11, 2008, ECF No. 1.) On November 5, 2008, Ariel filed an action in Supreme Court, New York County, asserting similar claims to those made in the June 2008 demand letter. See Ariel (UK) Limited v. Thompson Reuters Corp., Index No. 08603190 (N.Y. Sup. Ct. filed Nov. 5, 2008). That action has been stayed, upon consent, pending the resolution of the instant matter. (See Sills Decl. Ex. Q.)
On September 9, 2009, Instinet filed its first motion for summary judgment, asserting that the 1975 Agreement is both integrated and unambiguous, and thus it is entitled to all four claims for declaratory relief as a matter of law. Instinet also argued that Ariel's claims would be barred under the doctrine of laches. The Court held that Instinet was entitled to summary judgment with respect to the first and second claims for declaratory relief and that the parties had not adequately addressed whether there were genuine issues of fact material to Instinet's third and fourth claims for declaratory relief. Instinet, 2010 WL 779324, at *6--9.
In July 2010, Ariel demanded that Instinet produce the source code and documentation for the 1976 Software as it existed on June 30, 1976. Instinet admitted that it did not have a copy of the 1976 Software as it existed on June 30, 1976, or documentation "in its possession, custody, or control." (Bainton Decl. Exs. D, F, Jan. 12, 2011, ECF No. 47.) Thereafter, Ariel moved for leave to amend its answer to assert a defense of rescission with respect to the 1975 Agreement. On September 26, 2011, the Court denied Ariel's motion on the grounds of undue delay and futility. Instinet Inc. v. Ariel (UK) Ltd., No. 08 Civ. 7141 (JFK) (RLE), 2011 WL 4444086, at *3--4 (S.D.N.Y. Sept. 26, 2011). Nearly two months later, Instinet filed its renewed motion for summary judgment.
Under Rule 56 of the Federal Rules of Civil Procedure, a movant is entitled to summary judgment where the evidence, viewed in the light most favorable to the non-movant, shows that "there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Vacold LLC v. Cerami, 545 F.3d 114, 121 (2d Cir. 2010) (citing Allianz Ins. Co. v. Lerner, 416 F.3d 109, 113 (2d Cir. 2005)). The movant bears the initial burden of demonstrating "the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). Where the moving party meets that burden, the opposing party must then come forward with specific evidence demonstrating the existence of a genuine dispute of material fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). "[T]he substantive law of the action [determines] which facts are material," and "'[o]nly disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.'" Golden Pac. Bancorp. v. FDIC, 375 F. 3d 196, 200 (2d Cir. 2004) (quoting Anderson, 477 U.S. at 248).
In deciding a motion for summary judgment, the Court may consider only
evidence that can be "presented in a form that would be admissible in evidence." Fed. R. Civ. P. 56(c)(2). "[W]here a party relies on affidavits or deposition testimony to establish facts, the statements 'must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated.'" DiStiso v. Cook, --- F.3d ----, 2012 WL 3570755, at *2 (2d Cir. Aug. 21, 2012) (quoting Fed. R. Civ. P. 56(c)(4)). Therefore, the Court must resolve two evidentiary objections raised in the parties' moving papers before considering the merits of the instant motion.
Instinet argues that the quotations taken from online news sources by Ariel are inadmissible hearsay that the Court may not consider. These articles are taken from two business news websites: Wall Street & Technology, http://www.wall-streetandtech.com, and Adv anced Trading, http://www.adv ancedtrading.com/. Because these articles are statements by declarants while not "testifying at the current trial or hearing," and are offered "to prove the truth of the matter asserted in those articles" (i.e., that Instinet employees made the statements quoted in the articles), these articles are hearsay. Fed. R. Evid. 801(c). None of the exceptions to the rule against admissibility of hearsay apply to these articles, and therefore these articles are inadmissible. See Fed. R. Evid. 802; Tokio Marine & Fire Ins. Co. v. Rosner, 206 F. App'x 90, 95 (2d Cir. 2006).
Because the news articles are inadmissible, the quotations contained therein are not admissible even if they might independently fall within an exception to the hearsay rule. See Fed. R. Evid. 805; United States v. Payne, 437 F.3d 540 (6th Cir. 2006) ("In order to admit an out-of-court statement that is nested within another, Rule 805 requires that both statements be admissible."). Therefore, Ariel may not rely on these quotations as independent evidence that there is a genuine dispute as to an issue of material fact.
Ariel objects to the admissibility of portions of the Rogers Declaration under Federal Rule of Evidence 602, arguing that these portions are not based on Rogers's personal knowledge because he attests that he never worked directly with the 1976 Software that formed the core of the Original Instinet II System. (Df.'s Nov. 2011 56.1 S. ¶ 3.) Instinet contends that Rogers was directly involved in the development of the Current Instinet System and therefore is competent to give testimony that the Current Instinet System was "built from the ground up" and integrates none of the technology from the Original Instinet II System. (Pls.' Reply Mem. Mot. Summ. J. 8--9, Nov. 29, 2011, ECF No. 61.)
According to the Rogers Declaration, Rogers has served as Instinet's Chief Technology Officer since 2007. (Rogers Decl. ¶ 2.) Between 2003 and 2007, Rogers worked as Instinet's Chief Software Architect. (Id. ¶¶ 2, 6.) When he originally began working at Instinet, Rogers "worked on the software and technology for a newly-acquired subsidiary of Instinet known as [Island], which, like Instinet, operated an electronic trading platform for securities," but which had developed its competing software platform independently. (Id. ¶ 6.) Rogers admits that he has not worked directly with the 1976 Software that formed the basis of the Original Instinet II System and that he has "never examined the code of any version of the 1976 Software in the course of [his] work." (Id. ¶¶ 7, 13.)
Ariel urges the Court to reject Rogers's testimony that the Current Instinet System contains no components of the 1976 Software on the grounds that Rogers has no personal knowledge about the code that comprised the 1976 Software. However, Ariel does not argue that Rogers lacks personal knowledge about the development of Current Instinet System in a "clean room" environment, or that he lacks personal knowledge to testify that the Current Instinet System "is an original work and is not a modification of the code of any other system." (See Rogers Decl. ¶¶ 13, 14.) This testimony is sufficient to establish that Rogers based his statement that the "algorithms and programming logic" utilized in the Current Instinet System is "in no way derived from . . . the 1976 Software" on his own personal knowledge, especially in light of the undisputed evidence on the record that the 1976 Software was written in an entirely different programming language. (Rogers Decl. ¶¶ 8, 14; Df.'s Nov. 2011 56.1 S. ¶ 6.)
In ruling on Plaintiffs' prior motion for summary judgment, this Court held that "the 1975 Agreement is integrated, unambiguous, and terminated the parties' prior agreement in its entirety." Instinet, 2010 WL 779324, at *8. Under the terms of the 1975 Agreement, "Ariel's rights in the computerized trading technology developed by [Instinet were] limit[ed] to the technology developed on or before June 30, 1976, the date the working relationship between Ariel and [Instinet] ceased." Id.
In its third claim for declaratory relief, Instinet seeks a declaration that Ariel has no rights in or to Instinet's current technology or software. In its fourth claim for declaratory relief, Instinet seeks a declaration that Ariel does not have any of the rights claimed in the 2008 Demand Letter, "whether pursuant to the 1972 Agreement, the 1975 Cable Agreement, the 1975 Agreement, or otherwise." (Compl. ¶ 26(d).) The 2008 Demand Letter contains two distinct demands. Ariel claims that that it is entitled to a "right of ingress" in the Current Instinet System, and that Instinet is obligated to "supply a list of patents, extant and applied for, that relate in any way to the Instinet II technology" and "execute short form agreements enabling Ariel to commercially sub-license [these patents] to companies operating in the matching technology space." (Sills Decl. Ex. O at 2.)
Instinet contends-and Ariel agrees-that the question whether the Current Instinet System continues to employ technology from the Original Instinet II System is determinative of whether Instinet is entitled to summary judgment with respect to the third and fourth claims for declaratory relief.
In support of its claim, Instinet offers undisputed evidence from Rogers that the code forming the Current Instinet System was built from the "ground up" in a clean-room environment, and that this overhaul of Instinet's trading platform was necessary in light of the dramatic technological changes that had occurred in the three decades that followed the 1975 Agreement. In support of its position that the Current Instinet System contains no components of the Original Instinet II System, Instinet also relies on deposition testimony from Michael J. Little, Ariel's current owner, and David Mann. At his Civil Rule 30(b)(6) deposition, Little testified that he had no "basis upon which to testify that as a technical matter the current Instinet system and the [1976 Software] have any features in common." (Sills Decl., Ex. D at 211, 216.) The evidence marshaled by Instinet clearly establishes that, though its purpose is to match securities trades (a purpose shared with all predecessor systems of Instinet systems), the Current Instinet System utilizes no software or other technology developed for use in the Original Instinet II System.
Ariel speculates about Rogers's motivation and credibility in giving testimony about the development of the Current Instinet System, but provides no evidence to refute Rogers's assertion that the technology employed in implementing the Original Instinet II System is no longer used in the Current Instinet System. Ariel relies heavily on the online news articles discussed above to call Rogers's credibility into question, but even if Ariel could present admissible evidence establishing that Instinet's employees made the statements quoted in those articles, the quotations would neither call into question the veracity of the Rogers Declaration, nor support Ariel's contention that the Current Instinet System incorporates elements of the Instinet II System as it existed prior to June 30, 1976. In the first article to which Defendant refers, Rogers is reported to have said that:
[Instinet's] primary project, which should be completed soon, is a rewrite of what we call the "Core," which is the fundamental technology that touches pretty much everything Instinet does. With this new Core we will be a much more efficient technology organization, as it will serve as the underpinning of our global matching engines, algorithms and front ends. (Df.'s Mem. Opp. 2.) Defendant argues that this statement "cannot be reconciled" with Rogers's statement that the Current Instinet System "is a new system designed and built from the ground up." (Id. (quoting Rogers Decl. ¶ 11).) Defendant's argument that these two statements are irreconcilable is conclusory.
In fact, Plaintiffs' development of a rewritten or rebuilt "Core" in 2007 would support, rather than weaken, Plaintiffs' argument that the Current Instinet System contains no computer code or other technology developed for the 1976 Software. Additionally, from the assertion that Rogers's "primary project" as of 2007 was a rewrite of the prior "Core," it does not follow that this was the only difference between the Instinet II System and the Current Instinet System, the development of which Rogers began in 2005. Finally, even if the Current Instinet System incorporated some features that had been integrated into the Instinet II System as it existed when Instinet made the decision to deploy new technology, Defendant does not claim that any of these features were components of the Instinet II System as it existed prior to June 30, 1976. For all these reasons, Defendant's contention that the above quotation contradicts the Rogers Declaration is unsound.
The other quotations upon which Defendant relies also do not contradict Rogers's statements about the creation of the Current Instinet System. In opposing the Plaintiffs' current motion for summary judgment, Defendant refers to Rogers's 2008 statement that Instinet had combined the technology of one competing platform "with Instinet's algorithms and smart routing capability." (Df.'s Mem. Opp. 3.) This statement would support Defendant's position only if there was some evidence that the "algorithms and smart routing capability" to which Rogers allegedly referred were components of the Instinet II System as it existed prior to June 30, 1976. Defendant also refers to Instinet Group employee Brian Nigito's 2011 statement that the Current Instinet System contains a matching engine based on another competing trading platform, which was combined with a "text based terminal" similar to one used previously. (Id.) This statement would contradict the evidence adduced by Plaintiffs only if the use of a "text-based terminal" could be considered as part of the "technology and software" unique to the Instinet II System or, more specifically, the 1976 Software. Defendant provides no explanation for how the use of a "text-based" terminal undermines Plaintiffs' position that the technology underlying the Current Instinet System was built "from the ground up."
Much of the evidence marshaled by Ariel to support its argument that there is a genuine dispute on this point is equivocal at best, and at worst damaging to Ariel's position. For example, at the time of his April 2009 deposition, the last time Mann had examined the source code for any Instinet system was in August 2006, and he admitted having no personal knowledge about the source code used in the Current Instinet System, or about the hardware on which it runs. (2009 Little Decl., Ex. E ("Manns Dep.") 45:7--15, 46:10--14.) Though Ariel's counsel had represented that, at this deposition, Manns would testify regarding "the alleged similarities between the current Instinet system" and the Original Instinet II System, Mann was unable to identify any similarities and in fact agreed that it "certainly is true" that the 1976 Software had been "rewritten completely" in the years between 1976 and 2006. (Id. 47:14--21.)
Ariel's argument that the Current Instinet System shares certain common features with the Original Instinet II System, such as the use of a securities trading engine, a backbone network, and a display system (including the "look and feel" of a display system), does not change this result. Ariel's rights in the Original Instinet II System are limited to:
(1) "a license to use and grant sublicenses to the "Know-how" and "Patents" underlying the [Original Instinet II System];"
(2) "the right to exploit the patents obtained by Instinet from applications pending at the time the 1975 Agreement was executed-of which there are none;" and
(3) "the right to exploit the patents obtained by Instinet from applications filed after the execution of the 1975 Agreement that cover the technology developed by Ariel in conjunction with Instinet and Datasyntecks, which does not include technology developed after June 30, 1976 based on the undisputed facts"
Instinet, 2010 WL 779324, at *7. Therefore, assuming Ariel is correct in its contention that the Current Instinet System shares high-level structural features with the Original Instinet II System, it has not shown that any of these features were "Know-how" or patented technology in which Ariel has a right under the 1975 Agreement.
Based on the facts discussed above, and drawing all reasonable inferences in favor of Ariel, the Court holds that Instinet is entitled to a declaration that Ariel has no rights in or to Instinet's current technology or software.
For the above stated reasons and for the reasons set forth in the Court's Opinion and Order dated March 5, 2010, the Court holds that Plaintiffs are entitled to summary judgment with respect to their third and fourth claims for declaratory relief. The Court GRANTS declaratory judgment in favor of Plaintiffs, and DECLARES that:
(1) Ariel has no rights in or to Instinet's current technology or software; and
(2) Ariel does not have any of the rights claimed in the Demand Letter, whether pursuant to the 1972 Agreement, the 1975 Cable Agreement, the 1975 Agreement, or otherwise.
Because the grant of summary judgment in favor of Plaintiffs forecloses the relief requested by Defendant in its Answer, the Court denies Defendants' claims for relief. The Clerk of Court is directed to close this case.
Dated: New York, New York September:; 0 , 2012
United States District Judge
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Broward College August 2011
0 hi guys, is anyone else working towards starting the nursing program at bc in august 2011? i am working on my last pre-reqs this semester (spring 11) and then apply and hopefully get accepted for the fall semester. i just took and passed the hesi exam last night and that is one big load off my back. i also started my hep shots since it takes 3 rounds of shots and a total of 6 months to be fully immunized. i want to have all of my ducks in order to start the program. i am undecided whether to go to south or central campus. any advise?Jan 7, '11 by mstia84Hi
I'm also interested in applying for the fall 2011 group. I'm currently taking AP II and chemistry. I'm hoping for Central campus. I still need to take the HESI ....Did you complete AP II before taking the HESI exam? Thx and good luckJan 10, '11 by sunshinegirlFloridaI took the Hesi last week right before starting A&PII. I just studied everything that was on the HESI study guide a little more in depth and that did the trick I am taking A&P II and lab in South campus this semester. I was at Central last semester. Right now I am thinking of doing Nursing at South campus since it is closer to my house. I am getting excited to finally be getting close to turning in my application!Jan 10, '11 by mstia84Im excited too! I need to take the HESI. I have the study guide and will study for a few more weeks before taking the test. I'm currently taking A&P II and CHM1032. I'm planning to take the HCP class at sheridan tech since its online and only 3 weeks.Jan 11, '11 by sunshinegirlFloridaIt sounds like we are on the same track I also did the HCP with Sheridan and it was great! Sweet, simple and to the point! I can't wait to finish this semester and be able to turn in my application. What campus are you planning to attend?Jan 11, '11 by mstia84I am thinking about Central but really as long as I get in I don't care which campus I attend lol.Jan 13, '11 by CrabbsHey I'm applying to the Fall generic program also. I'm currently taking Chemistry and the health career course. But I still have to take the HESI ahhh !Take the HESI girl! I remember I was so worried and stressed about the HESI. Now that I did it, I feel MUCH better and can fully focus on my classes. I plan to take Micro and Lab during the summer. August is right around the cornerJan 14, '11 by CrabbsAhh lool I know I have to take it! I'm taking Micro in the summer too.. but I go to MDC. Do you know if they've posted up when the deadline for the application is?Jan 14, '11 by Dv914[font="georgia"]hi!
i'm planning to start in august as well. i'm taking a&p 2 now and will be taking micro in the summer. i already did the health core class and i need to take the hesi!! i haven't studied for it i think that's why i'm so nervous..Quote from CristySeggIn BC the deadline is a few days after the Spring term ends. That is why we need to have everything done before the semester is over. We only have a couple of days to turn in our applications. Eeeek!Ahh lool I know I have to take it! I'm taking Micro in the summer too.. but I go to MDC. Do you know if they've posted up when the deadline for the application is?Quote from dv914that is also my master plan. i am doing a&p2 now and hopefully micro in the summer. do you know what the micro & lab schedule looks like in the summer? i work fulltime and need to plan how i am going to do this. i want to try and keep working until we start nursing in august.hi!
i'm planning to start in august as well. i'm taking a&p 2 now and will be taking micro in the summer. i already did the health core class and i need to take the hesi!! i haven't studied for it i think that's why i'm so nervous..
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Once you've gone to the movies without any grownups, you might be interested in going to the mall. This is a little different, though. The movie theater is one big building and your parents know where you'll be: sitting in the theater for a couple hours. The mall is a bigger, more open environment, and your parents might be a little more cautious about letting you go unsupervised until you're 12 or 13. Even then, you need to be careful.
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June 3, 2015 7:03 pm
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President Obama's move to freeze Federal pay in 2011 and 2012 has generated a lot of heat this winter. Robert Shea, Principal in the Global Public Sector practice at Grant Thornton, was involved in pay debates in the White House when he was Associate Director for Management at the Office of Management and budget, and he joined me a couple weeks back to talk about the affect the freeze would have on the workforce, and on agency budgets.
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Federal News Radio conducted an exclusive data center survey to assess how agencies are storing data. Download the results.
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The White Swan Inn Scotter Gainsborough: Find photos, reviews, information, amenities and compare prices for 3 stars hotels in Scotter, United Kingdom.
The White Swan Inn Scotter Gainsborough is ideally placed in a peaceful setting in Scotter, just a short car ride from Scunthorpe and Gainsborough. It also provides internet, outdoor tennis courts and parking.
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1 tbsp butter
1 large onion, thinly sliced
2 lbs Brussels sprouts, halved
1/2 cup dried cranberries
salt and pepper to taste (a pinch or two of each)
1/2 cup apple juice
1/4 cup pistachios, chopped
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Cons: NoneREAD FULL REVIEW
This review is from: XFX MBX58ICH19 LGA 1366 Intel X58 ATX Intel Motherboard
Pros: Great board, great features. All these poor reviews (IMHO) are mostly operator error! I have been buying nothing but xfx for about 2 years now, and have always been very happy. If something is ever wrong, they go over and above the call of duty to help fix the problem. I only have had one problem, and it turned out to be the ram, and not the 780i board. There are some VERY CRUCIAL details on this board in regards to installation like the memory banks, and the order etc, as well as some other things that if not done right...you will not post. (AND IT'S NOT THE MOBO'S FAULT!)
Cons: A bit more software would be nice, but all the accessories were great! Also some more overclocking tools would be good.
Other Thoughts: When buying this board, or looking at reviews, TAKE INTO CONSIDERATION operator fault with all the people new to this motherboard configuration (x58-i7) They waited 6months longer than any other manufacturer to work out the bugs, and it shows. They will stand behind the board and make sure that you are happy...They always have for me!READ FULL REVIEW


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New Star Hotel Ho Chi Minh City
04 Cao Ba Quat Street , Distrist 1, Ho Chi Minh City, Vietnam Show Map
Check in from 14h / Check out prior to 11h
New Star Hotel Ho Chi Minh City: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Ho Chi Minh City, Vietnam.
Situated in Ho Chi Minh City, New Star Hotel Ho Chi Minh City features a Jacuzzi and a coffee bar, and is close to the Saigon Opera House. It is conveniently located for guests wishing to visit local attractions.
Hotel description
This modern hotel offers a 24-hour reception, bicycle rental and meeting rooms. Airport transfers, a laundry service and a dry cleaning service are available upon enquiry.
Hotel New Star's rooms provide a bathtub, plus all the necessities for a comfortable stay.
Guests can unwind with a drink at New Star Hotel's bar and try local style food in the restaurant. For guests preferring to dine out, the local area offers many bars and restaurants serving a choice of varied cuisines.
Local tourist attractions near New Star Hotel Ho Chi Minh City include Ben Thanh Market and Bitexco Financial Tower. The staff at the tour desk are available to book and organise activities in Ho Chi Minh City.
Hotel features
Room Service, Restaurant, Air Conditioned
Business Center, Concierge, Elevator / Lift, 24 Hour Reception, Dry Cleaning, Currency Exchange, Safe-Deposit Box, Meeting Rooms, Laundry service, Bicycle Rental, Photocopier, Ticket Service, Luggage Storage, Self Laundry
Tour Desk, Bath / Hot Tub, Jacuzzi
High-speed Internet, Internet Connection (wireless)
Parking, Airport shuttle
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Users who viewed New Star Hotel Ho Chi Minh City also viewed these 2 stars Ho Chi Minh City hotels:
Saigon Sports 2 Hotel
82 Le Lai Street, Ho Chi Minh City
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102/1A Cong Quynh Street, District 1, Ho Chi Minh City
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Royal Dragon Hotel
1/16 Hoang Viet, Ho Chi Minh City
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Making citizens part of the response system
Does your department provide citizen CPR?
Unfortunately, in the current fiscal environment, many fire departments have been forced to cut back on these potentially lifesaving programs, along with others.
While there is no question that a timely response from well-trained and certified basic/advanced life support providers is critical for successful patient outcomes after cardiac arrest events, think about the benefit of having more CPR-trained citizens throughout our communities; to complement, not replace, our volunteer and career first responders.
Particularly during these difficult economic times, it's important that we take a holistic approach to providing essential fire and emergency services. In many cases this can include making more of our citizens part of the overall fire-EMS response system.
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Tuscany on Italy's west coast is one of the most popular tourist destinations in the world. Edged by the Tyrrhenian sea this is a stunning location for a holiday.
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- Membership
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Often, you only have sixty seconds or less to make a good impression on a potential investor. One of the hardest things to do is to talk about what you're doing in a concise and compelling way.
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Tuesday, January 12, 2016
Peanut Butter Caramel No-Bake Icebox Cake
This no-bake cake starts with a flavor explosion of peanut butter, caramel and chocolate. What could possibly be better? How about a simple recipe with mind blowing results? This fabulous cake is stacked with layer upon layer of sweet and salty creamy peanut butter filling, cream and chocolate cookies. After a trip to the fridge the layers become this incredibly moist and creamy cake... all without ever turning the oven on.
Now if you will excuse me, I need to take a moment to collect my thoughts (and be alone with the last piece of this divine dessert).
My family has been eating Skippy Peanut Butter as long as I can remember. We are a peanut butter household. Whether is it a simple pb&j sandwich, an apple and peanut butter snack, Extreme Peanut Butter Fudge Brownies that leave this house by the truckload or just a spoonful for the heck of it, we ❤ our Skippy. Truth be told I have a really great supply of Skippy on hand at all times. You know, back ups in case we run out and then we have back ups for our back ups just to be sure. LOL
So, you have to know I was over the moon when Skippy contacted us to try their limited edition Skippy Peanut Butter Spread with Salted Caramel Creamy. It wasn't even in stores yet (and believe me, I looked - the anticipation was killing me).
After just one taste I knew this jar of peanut butter had a higher purpose. It all starts with the classic roasted flavor of Skippy. Perfectly peanut buttery with a caramel twist. Salty and sweet is a favorite combination and I couldn't imagine anything more perfect that chocolate to compliment those flavors.
This simple recipe is no-bake and only takes a handful of ingredients. Chill it for a few hours or overnight. We like to store it in the freezer and it is the perfect make ahead dessert. Scrumptious and wholly impressive.
With love from our simple kitchen to yours.
Do you ❤ love ❤ TSRI? Don't miss another recipe. Click here to Subscribe to The Slow Roasted Italian by Email and receive new recipes in your inbox every day!
Peanut Butter Caramel No-Bake Ice Box Cake
SERVES 12 | ACTIVE TIME 25 Min | TOTAL TIME 2 Hours 25 Min
2 cups heavy whipping cream
1 3/4 cups powdered sugar, divided
1 teaspoon pure vanilla extract
8 ounces cream cheese, softened
1 (15 ounce) jar Skippy Peanut Butter Spread with Salted Caramel Creamy
10-15 chocolate graham crackers
4 ounces chocolate shell ice cream topping (check out our homemade version here)
2 tablespoons caramel topping
1/4 cup honey roasted peanuts, chopped
In a tall bowl whip heavy cream with an electric mixer until you can start to see a defined
trail through the cream. Add vanilla and slowly add ¾ cup powdered sugar. Whip until stiff
peaks form. (In other words when you turn off the blender and lift the beaters out of the
cream, the cream stand up on the end of the beater). Place in the refrigerator while you
prepare the remaining ingredients.
To prepare the filling: Combine cream cheese, peanut butter and 1 cup powdered sugar in a large
mixing bowl. Beat with an electric mixer until light and fluffy (about 3 minutes). Fold in ½ of
the whipped cream until it is completely incorporated. Set aside.
Line a 9 x 5-inch baking dish with parchment paper or plastic wrap. Layer 1/3 of
the peanut butter cream on the bottom of the pan. Smooth into an even layer. Add 1/3 of
whipped cream on top of the peanut butter cream and use spatula to smooth into an even layer.
Top with a layer of graham crackers, breaking them if necessary to make them fit.
Repeat the layers 2 more times, ending with graham crackers. They will slightly peek over your
baking dish.
Cover and refrigerate 3-4 hours or freeze for 1-2 hours.
Remove cake from refrigerator or freezer, invert pan onto a plate. Pour chocolate shell topping
onto cake (starting at one end and working to the other). While you are pouring, use an offset
spatula to smooth and help the chocolate drip down the sides. Keep in mind the chocolate will
harden so you must work fast.
Drizzle the chocolate top with caramel and sprinkle with chopped peanuts.
Refrigerate until ready to serve or serve immediately.
The Slow Roasted Italian
Copyright ©2015 The Slow Roasted Italian – All rights reserved.
Looking for more fabulous Skippy inspiration? Check them out on Facebook, Tumblr, Pinterest
Disclosure: This is a sponsored post in partnership with Skippy. All thoughts and opinions are our own.
Originally published 2/20/15
26 comments:
- AnonymousFebruary 20, 2015 at 7:16 AM
I want to make this for an auction at my boys school (certainly has WOW factor). When I looked on-line to see where to purchase the Salted Carmel peanut butter, I couldn't find it in my area. What do you recommend as a substitute?ReplyDeleteReplies
It does have a wow factor for sure. I gave one of my test cakes to a friend (we can't eat all that) and she wrapped it up to give it as a birthday gift. It is really impressive looking and ooooh so good.Delete
That said, I have also tested this recipe with Skippy Natural Honey Roasted Peanut Butter Creamy and it was phenomenal. The Skippy Peanut Butter Spread with Salted Caramel Creamy will be more widely available in the coming weeks. Enjoy and let us know how it goes and what the cake goes for at auction. Wishes for an impressive looking cake that bring the school a great big bid!
- AnonymousMarch 1, 2015 at 1:17 PM
I ended up using Honey peanut butter - couldn't find Honey Roasted. They combined my cake with other items in a basket. That basket auctioned off for $105.00! In hinesight, we should have auctioned it separately (a loaf of whole wheat bread went for $80!). But it all worked out well. The dinner and auction brough in $1,900.00 so we were pleased. I didn't get any of the cake so now I will have to make another one. One word of advice - I used plastic wrap to line my pan and it wouldn't come out. I had to put it in a hotwater bath to soften it up. Also the chocolate shell topping didn't work very well - it came out in globs even thought I shook it well. Next time I'll make my own with your recipe :-)Delete
Oh MY! I have died and gone to chocolate peanut butter caramel heaven!! Now I need to hunt down that peanut butterReplyDeleteReplies
Enjoy and let us know how it goes Heather!Delete
- AnonymousFebruary 20, 2015 at 10:02 AM
no place sells Skippy Peanut Butter Spread with Salted Caramel Creamy near me (not even eBay or Amazon.com) and wanted to know what you suggest?ReplyDeleteReplies
Hang tight, it will be more widely available in a few weeks. I promise it is worth the wait.Delete
I bet no one will ask for a calorie count for this recipe. LOLReplyDelete
Sounds Yummy!
Oh, my! I am seriously drooling over this awesome cake! I have been looking all over for this peanut butter, but it still isn't in my area! Sad face!!! I can't wait to dig into a jar with a spoon!!!ReplyDelete
Coldest most miserable weekend of the year started a few hours ago. I still want this cake! Not going back to the store this weekend, but my birthday is coming soon. This could take the sting out of that, especially if I don't have to share much.ReplyDelete
looks delicious !! I hope to make this one dayReplyDelete
Wow, that looks amazing!! Pinned it to try one day. Would be perfect for a potluck!!ReplyDelete
My goodness that looks lush. It's the sort of thing it's dangerous for me to have in the house!ReplyDelete
Oh my goodness, this looks unbelievable! What a great use for that Skippy Peanut Butter!ReplyDelete
Oh my that looks so devine! I have to pin that and make it sometime soon!ReplyDelete
I made "fancy" chocolate peanut butter tartlettes this weekend that were a huge success. And this recipe has all the same goodness without much of the trouble - I'm sold!ReplyDelete
First, I need salted caramel peanut butter in my life. Second, this looks divine!ReplyDelete
This sounds amazing. All of my favorite flavors combined. I bet it's similar to a snickers candy bar.ReplyDelete
I can't even form the words right now to tell you how badly I wished you lived next door to me. Or even in the same house would be fine. And tell the Skippy people that I NEED this flavor to become available like yesterday. OMG. Pinned and drooled over.ReplyDelete
I realllly hope I find the Salted Caramel Skippy in me area soon! All of these recipes I've seen make me want to curl up with a jar and a spoon. This cake looks AMAZING!! Pinned to me Chocolate & Peanut Butter Obsession Board!ReplyDelete
- AnonymousFebruary 25, 2015 at 11:59 AM
After 3 stores I called mfr.....the peanut butter will not be on the market until mid to late March 2015......I am making it with the honey roasted for now!!! It looks wonderful!!!ReplyDelete
Mmm I love Skippy peanut butter! And peanut butter anything, really. I can't wait until my stores start carrying the new salted caramel PB (because I keep looking and nothing so far)ReplyDelete
Oh wow, this looks so easy and amazing.ReplyDelete
The pictures and the recipe are absolutely drool-worthy!!ReplyDelete
You can never go wrong with peanut butter!!ReplyDelete
Wow...this is one impressive dessert!ReplyDelete
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FORE May/June 2013 : Page 28
Playing at the Pace of BY JUDD SPICER THE PALMS According to Ebersberger, pro golf's time dilemma further extends beyond the ropes. "Where we really noticed the problem come to the forefront was with all the teachers and gurus and sports psychologists," Ebersberger says. "They're tremendous for the game, but their bit is, 'Don't play until you're ready. If you lose your concentration, start all over.'" When starting his club, Ebersberger actively con-sulted with Palms' designers Brian Curley and Fred Couples during course construction in the late 1990s. Along with creating succinct, hole-to-hole segues ("That alone saves you 10-minutes," he says), Ebersberger also eliminated cross bunkers from the original design. "I was of the opinion that the cross bunkers only affected the average player; all you're doing is slowing down play," Ebersberger adds of a routing that plays tough enough without the added design element. "My feeling was the cross bunkers would only hinder the shorter-hitter from being able to run his ball in." For Ebersberger, slow play is a disease. The cure comes both in a sweeping purview of one's approach to a timely round, but also minutely; all the superfl uous minutes, moments and minutia add up to on-course excess – and the clock is ticking. Aptly regarded among the top "Players Clubs" in the country (and yes, there are a great many fi ne sticks here) The Palms is nonetheless more about time than talent. All members are provided a 16-point, single-SCGA.ORG I n the time it takes to read these words, J.D. Ebers-berger will have played two holes. Few golf courses in Southern California – if not the entire country – pay respect to "Pace of Play" to the degree of The Palms GC in La Quinta, Calif. Founded, designed and run with "Pace" a core tenet of club bylaws, rounds exceeding 3 hours and 50 minutes at The Palms are unacceptable – no matter your name, no matter your game. "Nobody here cares what caliber of player you are, so long as you play fast," says Ebersberger, The Palms' founder, COO and Director of Golf. A veteran of the golf industry for nearly four decades and recent inductee into the Southern Califor-nia PGA Hall of Fame, Ebersberger speaks toward the sport's burgeoning problem of slow play with all the celerity of his track's bentgrass greens. "It's killing the game," Ebersberger says of methodi-cal golf. "Personally, I think it's the biggest detriment going to this great game we have. People don't want to be out there for fi ve or six hours. You know, in Japan it's an all-day affair. They take the day off it's so slow. And we're starting to trend that way." Experience begetting his candor, Ebersberger doesn't bag his opinions. Though he acknowledges progress being made by golf's governing bodies in addressing slow golf, he sees the buoyant issue as a trickle-down effect rolling from what's seen on television to what's enacted on-course. "The PGA TOUR and the USGA have done a poor job of enforcing pace of play," Ebersberger states. "You look at the U.S. Open: They're playing twosomes and they think they're doing better now because they're down to four-and-a-half hours. You should be four hours or less with four players – all the time. What they really need to do is not fi ne them but penalize them, where it costs players standings, the whole bit." 28 | FORE Magazine | MAY/JUNE 2013
The Palms sets the pace
Judd Spicer
In the time it takes to read these words, J.D. Ebersberger will have played two holes.
Read the full article at http://editiondigital.net/article/The+Palms+sets+the+pace/1405051/159912/article.html.
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to The Gainesville Orchestra's 2016-2017 Season
Get ready for a fabulous evening with our annual "Evening with the Maestro" full of stories, humor, music and special guest artists on Friday October 21 at 7:30 pm at Santa Fe College Performing Arts Hall.
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Friday November 11, 2016 at 7:30 pm
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Information about the Gainesville Orchestra...
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Karma Guesthouse
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Day 9 - Bit of shopping and pampering
... From here we parted, the husband off to Patty's to get his hair platted and me off to Jungceylon to Pinmara to have a facial. 349 THB for 45 minutes which is only $14 AUD. I'd recommend going as it makes your face as smooth as a babies bottom, seriously it does.
The only bit I don't like is the blackhead part which can hurt a little, it doesn't last long so don't worry.
More rain whilst I was in Jungceylon and it was just finishing ...
Riding the tides in Thailand
... Bay, full of outrageously shaped limestone outcroppings, large and monstrous, which rain and the elements have shaped into astounding formations. It reminded us of similar formations in China, with the area so humid and rainy that the stone ends up covered in various green fauna. One of the highlights of the trip was a stop at the now renamed "James Bond Island," where "The Man With The Golden Gun" and "You Only Live Twice" were filmed. ...
My Tiger Friend
We visited the Tiger Kingdom and was quite excited as can come so close to them and we are quite lucky as the tigers are in a good mood to play with the keepers and i manage to took some photos. We can even hug them but WARNING as I don't hug my wife so often after hugging my tiger ...
So far in Phuket
... friend' (awwwwww). I have also become a bit of a Devin Attenborough (haha I'm so funny) over the last few days. There is a birds nest just below my balcony and there are two baby chicks in it! I have been observing the mum feeding them, one time she fed them a huge cricket and the tiny chick swallowed it whole... Not a pretty sight. I've taken some really close up pictures which are pretty cool! After going to see the main beach in Phuket- Patong ...
Ko phi phi island
It's was nice to having to wake up too early this morning, we slept right up until thy alarm went off at 9oclock then went and had breakfast, after breakfast we decided to sort out our bags and wire our postcards, we then went and lazed by the pool all day soaking up the sun when the sun started to go in we decided to go shower and get ready for dinner, I went and used the internet for a while and Nan's song came on ...


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Letters To The Editor
Latest update: July 2nd, 2013
'Gotcha' (I)
I was intrigued by Meir Weingarten's spin on the El Al cheap ticket fiasco of a couple of weeks ago ("Is 'Gotcha!' a Jewish Value?" op-ed, August 24).
First, I'm not sure he is the best choice to present the case for voluntary surrender of the tickets. After all, as a self-described "leader in group travel to Israel" he is not exactly a disinterested party when it comes to matters affecting El Al.
Second, while he referred to "some rabbis who wrote long, intricate articles why it's not assur" to keep the tickets, he dismissed those articles without any authoritative explanation yet took it upon himself to apply a p'sak issued in a different context, again without authoritative explanation.
Third, he spoke of El Al as if it were human and therefore the beneficiary of halachot governing these kinds of transactions. Can a corporation be Jewish? And who says so? Finally, El Al did not request a return of the tickets and thereby legitimized the choice of customers in keeping them.
Why does Mr. Weingarten take it upon himself to go beyond what the owners of El Al demanded from the purchasers?
Gary Bernstein
(Via E-Mail)
'Gotcha' (II)
I wish those who initially took advantage of El Al's mistake had had the benefit of Meir Weingarten's article. However, it's not too late for them to do the right thing – the Jewish thing. We are in Elul, after all.
Harold Marks
(Via E-Mail)
Egypt And Sinai
Re: "Israel's Trojan Horse" (editorial, Aug. 24):
Wonderful analogy. The Egyptian military was given a way to reenter Sinai without Israel's protesting. Why should they leave? Would you? And what will Israel do if they stay? Start a war? Another example of Israel's continuing dilemma.
Selwyn Weiss
(Via E-Mail)
A Reelected Obama
Reader Gary Stein (Letters, Aug. 24) got it exactly right. It is very clear that on Israel and the economy, Mitt Romney is the clear choice over Barack Obama.
Concerning Israel, I have yet to hear from anyone why a reelected President Obama will continue to act as a friend of Israel when there is no longer a political reason to do so.
Misha Gold
(Via E-Mail)
Presidential Double Standard (I)
Re: "The President's Double Standard" (editorial, Aug. 24):
It's really very simple why President Obama would ignore attacks on Dennis Ross's loyalty and rush to the defense of Huma Abedin when similar questions are raised about her.
Obama has always demonstrated a hyper-sensitivity to the feelings of Muslims (to be fair, George W. Bush did so too, as when he repeatedly declared that Islam is a "religion of peace"), while he knows most American Jews are so mindlessly beholden to the Democratic Party that they will vote for him no matter what he says and does.
Michoel Price
(Via E-Mail)
Presidential Double Standard (II)
I was frightened by the "dual loyalty" implications in last week's editorial titled "The President's Double Standard." In discussing a 2011 New York Times article about the pro-Israel advice Dennis Ross gave to President Obama and several presidents before him, you wrote: "The inference is that such advice is so self-evidently against American interests that it could only have been offered by someone whose pro-Israel agenda trumps U.S. interests."
That really opened my eyes. I'd read that Times article last year and was oblivious to what the writers were implying.
Anne Stern
New York, NY
Communal Disunity
I really appreciated the letter to the editor from Michael Brenner in the Aug. 24 issue. His views on the Siyum HaShas reflect my own and those of many other Modern Orthodox Jews.
I noticed that none of the speakers at either the Citi Field Asifa on the Internet or the Siyum HaShas wore a kippah serugah. Does what we wear on our heads define who we are?
I also appreciated the second item on the My Machberes page, concerning the conflict in the Satmar community between the two Rebbes and their respective followers. That split is a good example of why Mashiach has not yet come. In the name of their religious beliefs they are violating basic precepts of respect for each other.
Leonard Farbowitz
(Via E-Mail)
I read with pleasure Naomi Klass Mauer's interview of Itzhak Perlman ("Through the Ages In Jewish Song," Aug. 24).
In 1986, as a post-doctoral fellow at Harvard University, I was asked to suggest names for an upcoming honorary doctorate. I nominated Itzhak Perlman and was present when he received it.
I have twice heard Cantor Yitzchak Meir Helfgot perform live (at the last two Siyumei HaShas). Each time it was a moving experience.
To have a collaboration of these two extraordinary talents is an occasion to celebrate. I hope the forthcoming "Eternal Echoes" CD is only a beginning.
Dr. Elie Feuerwerker
Highland Park, NJ
An Outspoken Tour Guide
It may come as a surprise to many of your readers that tour guides in Israel like me, who observe the holy Sabbath and who speak some uncomfortable truths to tourists, are increasingly off limits to Jewish groups.
Once I had a wonderful position with an important tour company but it chose to discontinue my services when I would not guide optional tours on Shabbat. And I was fired by a national Jewish organization because I dared point out that the "Green Line" cuts through Jewish neighborhoods in the very heart of Jerusalem.
"Land for peace" no longer means giving away some lone dusty hill out of sight and out of mind. Relinquishing land liberated in the Six-Day War now constitutes a threat to the 250,000 Jews living beyond the "Green Line" in the capital city. The organization preferred that I not upset its support for the "peace process" by presenting unwanted facts to its visiting members on "fact finding" missions.
Yet another company recently dismissed me when a non-Jewish American tourist objected to my educating the group about the facts surrounding the plight of Jonathan Pollard.
Despite the challenges over the years, I am pleased with my choices. I suppose I am not everyone's type of tour guide, but if I could turn the clock back thirty-two years I would not change a thing. It's been a wonderful ride.
May we merit seeing the rebuilding of our Holy Temple in its place.
Shalom Pollack
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A Message from John Wayne to Bill O'Reilly
From Scott Eyman's John Wayne: The Life and Legend:
"If you had an opinion about something, he wanted you to state it," said the character actor Ed Faulkner, who made six pictures with him. "He did not like yes-men. Even if he disagreed with you, he'd want to hear your argument. And he might say 'I don't agree with you,' but he would always let you say your piece."
Cf. this. Or this. Or this. Or this. Or this.
John Wayne, Bill OReilly
Posted at 02:21 PM on Thu. Jun 05, 2014 in category Books
Posted at 02:21 PM on Thu. Jun 05, 2014 in category Books
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