text:
May 2008 Vol.
31, No. 3
In idea submission cases, meeting the substantial similarity test carries a high burden of proof.
By Lee S. Brenner
Lee S. Brenner is a partner at the law firm White O'Connor Fink & Brenner LLP. His practice includes all forms of entertainment law, with an emphasis on litigating copyright and idea submission claims.
By Lee S. Brenner
Lee S. Brenner is a partner at the law firm White O'Connor Fink & Brenner LLP. His practice includes all forms of entertainment law, with an emphasis on litigating copyright and idea submission claims.
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It seems that just about everyone who has ever watched television has an idea for a television program, and anyone who has sat in the dark in a movie theater with a bucket of popcorn has an idea for a script. Despite the number of would-be filmmakers, novel ideas are few and far between. This makes idea submission an arena ripe for breach of contract claims, with conflict and claims of stolen ideas as predictable as most plots.
Those seeking guidance from courts on whether they have an actionable claim regarding an idea submission often assert that the applicable standards seem ephemeral. However, a close look at case law reveals a relatively straightforward test and guidelines for potential plaintiffs to consider. Moreover, while no bright-line rule has emerged to apply in every situation, there are two basic questions that must be answered affirmatively if a plaintiff wants to succeed in an idea submission case:
Central to whether an actionable breach of contract claim exists are two issues. First is the similarity between the two works--that is, whether a comparison of the works reveals enough similarity that the plaintiff is entitled to recovery. Second is whether the plaintiff's idea in fact has some value--an issue that encompasses access and independent creation. If the defendant did not have access to the plaintiff's work or independently created his or her own work, the defendant will prevail in an idea submission case.1
Not every set of two seemingly similar works will be deemed sufficient to establish a cause of action. Indeed, an examination of California case law over the last 50 years reveals a "substantial similarity" test in idea submission cases.2 Even where the court does not use the phrase "substantial similarity," it is clear that the standard was still being employed. In applying this test, courts compare the plots, themes, characters, storytelling techniques, and gimmicks of the subject works to determine whether they are similar enough to warrant a breach of contract claim. And contrary to many plaintiffs' assertions, the substantial similarity test, as applied by the courts, requires a high threshold of proof that the similarity is indeed substantial.
Weitzenkorn and Its Progeny
The substantial similarity test was first advanced by the California Supreme Court in 1953 in Weitzenkorn v. Lesser. Although plaintiffs commonly cite Weitzenkorn for the notion that only a very low standard of similarity is required to support a claim,3 they are misinterpreting the court's analysis in that case.
Plaintiff Ilse Lahn Weitzenkorn wrote a literary composition titled "Tarzan in the Land of Eternal Youth" about the already famous Tarzan character. Weitzenkorn alleged that she entered into an express oral agreement with the producer defendants entitling her to compensation if the producers used "all or any part of" her composition.4 The defendants produced a motion picture titled Tarzan's Magic Fountain, which was also about Tarzan and eternal youth, but did not compensate Weitzenkorn.
Weitzenkorn brought causes of action for breach of express and implied contract. In evaluating whether a demurrer to Weitzenkorn's complaint should be overruled, the supreme court considered "whether there is substantial similarity between [the two works]." Without substantial similarity, "as a matter of law" the plaintiff's complaint could not survive a demurrer.5
The court decided to overrule the demurrer, holding that "similarity may exist because of the combination of characters, locale, and myth." Indeed, a portion of the basic dramatic core of the works "might be found similar," including the characters of Tarzan, Jane, and Cheta appearing in an African locale within the context of a mythical fountain of eternal youth.
Although the court stated that it was applying a substantial similarity test, it noted that if the defendants agreed to pay Weitzenkorn for the use of "any part" of her work, an even lower standard of similarity may be required. Though dubious that the defendants had made such a broad agreement with the plaintiff, the court permitted the claim to survive demurrer because of the possible existence of supporting evidence.6
Less than two months after the Weitzenkorn decision, the California Court of Appeal applied the substantial similarity standard in Sutton v. Walt Disney Productions. The court explained that to state a cause of action for breach of contract on an idea submission theory, the plaintiff must "demonstrate a substantial similarity between her ideas as embodied in her [work]" and the defendants' work.7 After reviewing the two works, the court held that they were not substantially similar and affirmed dismissal of the plaintiff's case on demurrer. The court reasoned that a single, general instance of similarity between two works--in Sutton, both works were about animals--was not sufficient to state a claim.8
An idea submission case was again before the California Supreme Court approximately three years later. Victor Desny, the plaintiff in Desny v. Wilder,9 submitted a well-developed synopsis of the life and death of Floyd Collins to defendant Paramount Pictures Corporation. He then claimed that the defendants used his synopsis in the creation of a motion picture but failed to pay him for the use of his property. In permitting the case to proceed past summary judgment on a breach of contract theory, the supreme court did not articulate any particular standard of similarity that was required for the plaintiff to recover. However, after considering the two works in great detail, the court simply stated that the defendant's work "closely parallel[ed]" and "closely resemble[d]" the plaintiff's work.10
When the California Court of Appeal granted the plaintiffs a new trial on their idea submission case in Donahue v. Ziv Television Programs, Inc.--10 years following the Desny decision--the court found a high degree of similarity between the two works in dispute.11 The plaintiffs had created a television series titled The Underwater Legion. They alleged that they entered into a contract with defendant Ziv Television Programs, Inc. in which Ziv agreed to pay the plaintiffs if it used their work. Subsequently, Ziv created a program called Sea Hunt that was arguably based on The Underwater Legion but did not compensate the plaintiffs, who sued for damages.
At trial, the jury found for the plaintiffs, but the court granted Ziv's motion for judgment notwithstanding the verdict and for a new trial. The court of appeal reversed the judgment notwithstanding the verdict but affirmed the order granting a new trial.
Without announcing a bright-line standard, the court of appeal based its reversal of the judgment notwithstanding the verdict on the high degree of similarity between the works. In particular, it stated a jury could find the format of each work "quite similar" to the other--indeed, according to the court, "[t]he list of differences is shorter than that of the similarities." The court further noted a strong similarity in the "basic dramatic core[s]" of the works, their use of "various types of equipment for operating under water," and their extensive use of underwater photography. In addition, "[s]imilarities in basic theme and dramatic situations" could be found, as well as similarities in "basic plot ideas, themes, sequences and dramatic 'gimmicks.'" Indeed, the court explained that the defendant's work followed the plaintiffs' "format in most of its important facets."12
The court of appeal again applied a high degree of similarity standard two years later when considering, and quickly dismissing, an idea submission case. In Henried v. Four Star Television, plaintiff Paul Henried alleged that the defendant breached a contract to pay him for using his work, which consisted of a seven-page synopsis for a television series.13 In determining whether the plaintiff had a viable cause of action for breach of contract, the court compared the two works in order to determine whether there was "a substantial or material similarity between plaintiff's material and defendant's series." After examining the plots, characters, motivations, subject matter, and milieu of the two works, the court found a lack of substantial similarity.14 As a result, the court upheld dismissal of the case on demurrer. The court noted that while both works contained heroes who traveled in a chauffeur-driven Rolls-Royce, this fact seemed "grossly inadequate to sustain a claim of substantial or material similarity."15
Four days after the Henried decision, the court of appeal decided Minniear v. Tors. Despite the prior cases finding that a high threshold for similarity is required for idea submission cases, plaintiffs frequently cite them, along with Minniear, for the proposition that a low threshold of similarity will suffice.16 Indeed, plaintiffs sometimes claim that, according to Minniear, as long as their work is the "inspiration for" the defendant's work, they have sufficiently stated a cause of action for breach of contract to pay for use of their work. However, this assertion misinterprets case law. In fact, Minniear did not articulate a low standard at all.
The court of appeal held that plaintiff Harold Minniear had presented sufficient evidence at trial regarding the similarity of his underwater adventure television series to the defendant's series to overcome a motion for nonsuit. Although the court used the words "inspiration for" in its opinion, it once again focused on the high level of similarity between the two works in deciding to permit the plaintiff's case to survive. Indeed, the court dissected the two works and found that there were "enough similarities in the basic plot ideas, themes, sequences and dramatic 'gimmicks'" for the jury to infer that the plaintiff's work was in fact used by the defendants.17 The court noted that both works were "based on an underwater adventure format involving an ex-Navy frogman named Mike, using scuba and special underwater equipment. In each work, the heroes operated their own boat on a commission for dangerous underwater work. Attractive young girls were featured in both works." Moreover, both works featured a character named Mike Gilbert and contained similar jet pilot incidents.
The court of appeal applied the substantial similarity test in the 1970 case of Fink v. Goodson-Todman Enterprises, Ltd.18 Plaintiff Harry Fink created a presentation for a proposed television series titled The Coward, which he alleged the defendants used without compensation to Fink in developing the television series Branded. The court compared the two works, found a high degree of similarity between them, and held that Fink had stated causes of action for breach of express contract and breach of implied contract, among others.
Explaining that it was looking for the most feasible way "to look for substantial similarity" between two works, the Fink court considered the plot, themes, and storytelling techniques of the works.19 The plots and basic themes of the two works were "strikingly similar," if not entirely "the same." In both stories:
In addition to these similarities in plot and theme, the techniques of portrayal and other storytelling devices, such as dream sequences, were alike as well. The numerous similarities of the two works were deemed sufficient to withstand demurrer.
In 1982, the court of appeal reiterated the high standard for similarity in Mann v. Columbia Pictures, Inc.,20 an implied contract case. The court stated, without discussion, that an instruction directing the jury to consider whether "the defendants based [their work] substantially upon [the] plaintiff's ideas" was correct.21
In the famous Buchwald v. Paramount Pictures Corporation case, the plaintiffs succeeded in proving to the superior court that the defendants had breached a contract with the plaintiffs in making the motion picture Coming to America.22 Although the court considered whether the defendants' motion picture "was inspired by" the plaintiffs' work, it expressly stated that it based its determination on the quantitative and qualitative points of similarity--as identified in Fink--between the works.23
The court found "compelling evidence of similarity between [the works]," in the abstract and in the details. Both were modern-day comedies in which the protagonist is a young black member of royalty from a fictional African kingdom. Both protagonists are extremely wealthy and well educated and, in both stories, the protagonist comes to a large city on the American East Coast. Both stories contained "fish out of water" and "love triumphs over all" themes. Moreover, both main characters find themselves without their royal trappings, experience the realities of "ghetto life," and are enriched by these experiences. Each protagonist falls in love with a young American woman whom he marries and makes his queen in the mythical African kingdom. Also, each main character is employed by a fast food restaurant. In both works the protagonist foils a robbery attempt by using a mop. Each work was to star Eddie Murphy, who eventually took the lead in the defendants' motion picture, and each work was to be directed by John Landis, who ultimately directed the defendants' work.
This year, in an unpublished opinion, the California Court of Appeal, in upholding the dismissal of an idea submission claim in Reginald v. New Line Cinema Corporation, affirmed the high level of proof required by the substantial similarity test.24 The plaintiff, Rex Reginald, claimed that the 2005 blockbuster motion picture Wedding Crashers was based on his submission of material titled "Party Crashers Handbook" to New Line Cinema prior to the development of the motion picture. The trial court dismissed Reginald's claims on summary judgment on the ground that his submission was not substantially similar to the motion picture. On appeal, Reginald argued that California courts have not applied a consistent standard to the idea submission analysis. The court of appeal rejected this argument.
The appellate court affirmed the trial court's dismissal of the case as a matter of law. The court of appeal independently compared the works and held that summary judgment was properly granted because there was no substantial similarity between the plaintiff's concept and Wedding Crashers. It did so by employing a standard for idea submission cases involving a claim of a breach of implied contract:
Where...there is no direct evidence showing that a defendant used a plaintiff's idea, the plaintiff must show that the defendant's work is substantially similar to plaintiff's idea in order to raise an inference that the defendant used plaintiff's idea....While there may be no precise formula established by law,...the degree of similarity required to meet the substantial similarity test is high in the idea submission context....[T]he points of comparison used in determining similarities are material features of the works, not merely words and phrases or the same basic idea.25
Ultimately, the court of appeal rejected Reginald's identification of 14 alleged similarities between the works as a matter of law. In doing so, the court stated that the alleged similarities did "not play a material role in the specific elements of the works at issue, such as characters, character motivation, settings, basic dramatic core and themes, storylines, plot ideas, the dramatic sequence, and dramatic gimmicks."26
So case law dating back 50 years confirms that plaintiffs must establish a substantial similarity between their work and the defendant's work to be successful in an express or implied contract idea submission claim. Clearly the courts look to several factors in determining whether the requisite level of similarity has been met:
1) A similar combination or sequence of elements.2) Similar characters, settings, dramatic cores, and plots.3) Similar formats.4) Similarities in theme or subject matter.5) Similar gimmicks.6) Similar storytelling techniques.7) Similar portrayal elements (such as identical casting).
Ultimately, the considerations in idea submission cases are largely identical to the elements considered in the extrinsic test for copyright infringement--namely plot, theme, dialogue, mood, setting, pace, characters, and sequence of events.
Altering the Required Degree of Similarity
Although substantial similarity is the benchmark in idea submission cases, the necessary degree of similarity may be heightened or lessened depending on the factual circumstances of the case. These circumstances may include the language used by the parties in making their agreement, which may alter the level of similarity required to show a later breach in contract.
In Weitzenkorn, for example, the California Supreme Court explained repeatedly that the language of the parties' agreement may require a different standard of similarity to be applied.27 Underlying the court's opinion was its reasoning that producers and writers are free to make any contract they desire--and set any standard they want--regarding the buying of ideas. Indeed, the Weitzenkorn court stated that however "improbable" it may be, the plaintiff might be able to show that the defendants agreed to pay her "no matter how slight or commonplace the portion which they used."28 Courts of appeal and the Los Angeles Superior Court have followed Weitzenkorn by stating that the terms of the contract--that is, what the parties actually agreed to--will be controlling.29
Accordingly, contracting parties can modify the level of similarity required to trigger an obligation to pay for use of the work. As in Weitzenkorn, a person presenting an original work may seek an agreement requiring compensation for the use of even the slightest element of his or her work. On the other hand, production companies may negotiate arrangements in which they only need to compensate parties when they use unchanged significant portions of the work, including the exact plot, theme, characters, and settings. Theoretically, the contracting parties could agree that only a "striking similarity" (a standard with a higher level of proof than substantial similarity) will suffice to trigger a producer's obligation to compensate the plaintiff. Producers can also protect themselves by making it clear during negotiations that absent an express written agreement to the contrary, the producer does not agree to pay for the use of general ideas or nonoriginal elements of the work.
Although access to the original work is often at issue in copyright infringement cases, it is questionable whether the degree of access is influential in an idea submission case. Under the "inverse ratio rule," less similarity may be required when a defendant has been granted unfettered access to the work. As the California Supreme Court stated in Golding v. R.K.O. Pictures, Inc., "Where there is strong evidence of access, less proof of similarity may suffice. Conversely, if the evidence of access is uncertain, strong proof of similarity should be shown before the inference of copying may be indulged."30 Citing Golding, lower courts have stated that less similarity is required when the defendant had "unlimited access" to the plaintiff's work or the evidence of access is "overwhelming."31 However, the Golding court also explained that "[p]roof of access, however, establishes no more than the opportunity to copy and not actual copying....Any liability for damages must rest upon substantial evidence of similarity between" the two works.32
Since access to the original work is often undisputed, idea submission cases typically hinge on whether the new work is sufficiently similar to what was submitted. Indeed, according to Nimmer on Copyright, "even massive evidence of access cannot by itself avoid the necessity of also proving the full measure of substantial similarity."33 However, in Funky Films, Inc. v. Time Warner Entertainment Company, L.P., the Ninth Circuit implied that the inverse ratio rule has stronger applicability in cases in which the defendant expressly has conceded access to the plaintiff's work.34
To the extent the rule applies and can alter the requisite degree of similarity, courts have provided virtually no guidance regarding how much the rule can affect the required level of similarity in a given case. The question of how much or how little the inverse ratio rule can affect the applicable standard remains unanswered.
Development of the Initial Idea
Another factor that plays a role in idea submissions claims is the degree to which the initial idea was developed. For example, if a person simply suggests that a producer "make a comedy this year," must that person be compensated if the producer later produces a comedic work within the year?35 The answer is most likely no. But how much more detailed must the idea be? It is unclear whether suggestions that a reality show be developed around the concept of a singing competition or remaking a film provide sufficient basis for a claim. Unfortunately, there is little guidance on this topic.
Notably, the Desny court left open the possibility that an idea transmitted by a plaintiff to a defendant may be valueless--and thus not the proper subject of a contract. The court explained that only "some ideas are of value to a producer" and that other ideas "may be considered totally devoid of...any practical value."36 The court's opinion emphasizes that those who convey valuable ideas may seek to recover on breach of contract grounds.37
Moreover, the court of appeal in Chandler v. Roach has held that an idea must have "sufficient concreteness so as not to be too vague to be consideration for a contract."38 To the extent that the plaintiff has mislead the producer about the value of his or her idea, gross inadequacy of consideration may be relevant to a claim of fraud.39
The line to be drawn between what is vague and what is valuable is difficult to discern. Some very general ideas can, in fact, support a claim. In Fink, for example, the court noted that a "mere basic theme" may be an idea that can support a contract-based claim.40 Moreover, the Chandler court noted that there is no requirement of either novelty or concreteness for an idea to be the subject of a contract41--a statement directly at odds with its opinion that an idea needs to have "sufficient concreteness" to constitute consideration. In addition, the timing of the disclosure of the idea may make the idea valuable. In particular, an idea "may be valuable to the person to whom it is disclosed simply because the disclosure takes place at the right time."42 Finally, the person who conceives an idea may elucidate the value of its disclosure through testimony at trial.43
Several basic contract principles also suggest that very general ideas may be the subject of a contract-based claim. The terms of a contract will be controlling,44 so if the defendant actually agreed to pay for a general idea, it is unlikely that the courts will interfere to protect the defendant from its own decision. Indeed, an underlying principle of contract law is that "one who promises to pay a fee in exchange for services will be held to his promise, regardless of the value of the services, and even though they may be valueless in fact."45 Moreover, as many plaintiffs have argued, courts ordinarily do not question the adequacy of consideration in contract cases.46
However, these principles belie the fact that no court has ever held that a general, minimal idea may support a contract claim. For example, in Desny, the plaintiff's idea was a well-developed storyline set forth in a four-page synopsis.47 In Fink, the plaintiff's idea was presented in a detailed plot summary for a television series, along with a pilot script.48 In Donahue, the plaintiff's idea was delineated in 12 story outlines, one screenplay, and a proposed budget.49 In Minniear, the plaintiff's idea took the form of a script and a booklet that outlined prospective episodes.50 In Buchwald, the plaintiff's idea consisted of at least a three-page treatment.51 In Weitzenkorn, the plaintiff's idea comprised a composition with an extensive storyline.52
The case most routinely cited for the proposition that a general idea may support a contract claim is Blaustein v. Burton.53 However, the plaintiff's concept for the transformation of a Shakespearean play into a motion picture was in fact well detailed. Indeed, among other things, the plaintiff proposed to create a motion picture out of the play The Taming of the Shrew starring Elizabeth Taylor and Richard Burton and directed by Franco Zeffirelli. The plaintiff proposed to remove the "play within a play" device found in the original play and to include the enactment of two scenes that occur off-stage in the play. The plaintiff also proposed to film the movie in Italy. Considering these proposals and the fact that the resulting movie included each of these elements, the Blaustein court concluded that the plaintiff's idea was one that might be protected by contract.54
California case law elucidates that a substantial similarity standard is applied in breach of contract claims arising in idea submission cases. A high degree of similarity between the plaintiff's and the defendant's works is required in order to support a breach of contract claim. In determining whether the standard has been satisfied, courts will analyze the works and look for similarities regarding plot, theme, dialogue, mood, setting, pace, characters, sequence of events, gimmicks, storytelling devices, portrayal techniques, and combinations of these factors.
Courts will also look to the language of the parties' contract to decide whether the parties have agreed to apply a higher or lower standard of similarity in a given case. Less clear, however, is the effect, if any, of the inverse ratio rule. The law remains unsettled regarding when the inverse ratio rule applies and, if it does, whether it alters the level of similarity that is required to trigger a defendant's obligation to pay in an idea submission case.
Also uncertain is the extent to which an idea must be developed before it can be the subject of a contract claim. Lawyers on both sides of the table could give more definitive advice to their clients if clearer guidelines existed. However, because no case has yet to affirm the existence of a contract based on a general, ill-defined idea, it is best to conclude that an idea requires more certainty if it is to form the basis of a contract.
1 Klekas v. EMI Films, Inc., 150 Cal. App. 3d 1102, 1114-15 (1984) (upholding the dismissal of the plaintiff's implied contract claim when there was no evidence that the defendants had access to the plaintiff's work, notwithstanding the existence of numerous similarities between the plaintiff's and the defendants' works); Hollywood Screentest of Am., Inc. v. NBC Universal, Inc., 151 Cal. App. 4th 631, 647-49 (2007) (affirming dismissal of the plaintiff's entire idea submission case on summary judgment when the undisputed evidence showed that the defendant's work was the product of independent creation).2 The substantial similarity test is comparable but not identical with the test of the same name in copyright cases. For example, protectability and novelty are required in almost all copyright infringement cases, but they are not so required in contract cases. See text, supra.3 Weitzenkorn v. Lesser, 40 Cal. 2d 778 (1953).4 Id. at 780, 787.5 Id. at 791.6 Id. at 791-92.7 Sutton v. Walt Disney Prods., 118 Cal. App. 2d 598, 603 (1953).8 Id. at 603. The court held that such a general similarity was not enough to survive demurrer, even though it expressly noted that the protectability of the plaintiff's work is not at issue in express and implied contract cases. Id.9 Desny v. Wilder, 46 Cal. 2d 715 (1956).10 Id. at 727, 743.11 Donahue v. Ziv Television Programs, Inc., 245 Cal. App. 2d 593 (1966).12 Id. at 600, 601 & n.4, 602. After the second trial, the court of appeal upheld the jury verdict for the plaintiffs based upon a finding of a high degree of similarity between the two works. Indeed, there was abundant evidence that the defendants had made "a substantial use" of the plaintiffs' work in an "important and material respect." Donahue v. United Artists Corp., 2 Cal. App. 3d 794, 807-08 (1969) (citations omitted).13 Henried v. Four Star Television, 266 Cal. App. 2d 435, 436 (1968).14 Id. at 436-37.15 Id. at 437.16 Minniear v. Tors, 266 Cal. App. 2d 495 (1968).17 Id. at 505.18 Fink v. Goodson-Todman Enters., Ltd., 9 Cal. App. 3d 996 (1970).19 Id. at 1010. Notably, the Fink court explained that the same points of similarity are analyzed for contract and noncontract claims. Id. at 1008-10. In copyright infringement claims, for example, the points of similarity that courts analyze include plot, theme, dialogue, mood, setting, pace, characters, and sequence of events. Kouf v. Walt Disney Pictures & Television, 16 F. 3d 1042, 1045 (9th Cir. 1994).There is one significant difference in the analysis of contract versus noncontract idea submission claims. While the novelty of the idea is not required in contract-based idea submission claims, it is a requirement for noncontract actions, such as copyright infringement claims. Fink, 9 Cal. App. 3d at 1008-10. However, law professor Lionel L. Sobel argues persuasively that novelty should be a requirement in implied contract cases, as opposed to cases involving an express agreement. Lionel L. Sobel, The Law of Ideas, Revisited, 1 UCLA Ent. L. Rev. 9, 61-63 (1994) (citing Apfel v. Prudential-Bache Sec., Inc., 81 N.Y. 2d 470, 478 (1993) ("[T]here is no equity in enforcing a seemingly valid contract when, in fact, it turns out upon disclosure that the buyer already possessed the idea. In such instances, the disclosure…is manifestly without value.")).A California case supports Sobel's argument. Ware v. Columbia Broad. Sys., Inc., 253 Cal. App. 2d 489 (1967). In rejecting an implied contract claim on summary judgment, the Ware court explained that it would have been "fatuous" for a plaintiff to claim that a defendant impliedly agreed "to pay him if they ever in the future made a picture embodying any stock situation which" the plaintiff had also used in creating the plaintiff's work. Id. at 495.20 Mann v. Columbia Pictures, Inc., 128 Cal. App. 3d 628 (1982).21 Id. at 647 n.6.22 Buchwald v. Paramount Pictures Corp, 1990 WL 357611, at *1, *15 (Super. Ct. 1990).23 Id. at *10.24 Reginald v. New Line Cinema Corp., No. B190025, 2008 WL 588932 (Cal. App. 2d Dist. Mar. 5, 2008) (unpublished).25 Id. at *4-*6.26 Id. at *7.27 Weitzenkorn v. Lesser, 40 Cal. 2d 778, 780, 791-92 (1953).28 Id. at 792.29 Chandler v. Roach, 156 Cal. App. 2d 435, 442-43 (1957); Buchwald v. Paramount Pictures Corp., 1990 WL 357611, at *6-*7 (Super. Ct. 1990).30 Golding v. R.K.O. Pictures, Inc., 35 Cal. 2d 690, 695 (1950) (emphasis added).31 Fink v. Goodson-Todman Enters., Ltd, 9 Cal. App. 3d 996, 1007 n.14, 1013 (noting that "[l]ess similarity is required when access is strong" and explaining that there was "unlimited access" pleaded in the plaintiff's case, which was permitted to survive demurrer); Buchwald, 1990 WL 357611, at *11 ("[W]here, as here, the evidence of access is overwhelming, less similarity is required.").32 Golding, 35 Cal. 2d at 698.33 4 Melville B. Nimmer & David Nimmer, Nimmer on Copyright §13.03[D] (2007).34 Funky Films, Inc. v. Time Warner Entm't Co., L.P., 462 F. 3d 1072, 1081 & n.4 (9th Cir. 2006).35 To the extent that recovery can be premised upon such a minimal, vague idea, it would likely be easier for the defendant to show independent creation, and avoid liability on that basis. Failing that, the defendant could argue that the circumstances were such that no agreement should be implied in the first instance and, even if one could be implied, that the potential damages for a plaintiff to recover are extremely low. Moreover, the defendant can argue that the plaintiff's idea is so vague and general as to be worthless and therefore cannot constitute consideration for the defendant's alleged promise to pay.36 Desny v. Wilder, 46 Cal. 2d 715, 731, 743 (1956).37 Id. at 734; see also id. at 738 (stating that the conveyance of "ideas which are valuable and which [producers] can put to profitable use" may form the basis of an agreement).38 Chandler v. Roach, 156 Cal. App. 2d 435, 444 (1957).39 Restatement (Second) of Contracts §79 (2007).40 Fink v. Goodson-Todman Enters., 9 Cal. App. 3d 996, 1008 n.15 (1970).41 Chandler, 156 Cal. App. 2d at 439, 441, 443.42 Donahue v. Ziv Television Programs, Inc., 245 Cal. App. 2d 593, 600 (1966).43 Donahue v. United Artists Corp., 2 Cal. App. 3d 794, 803 (1969); see also Donahue, 245 Cal. App. 2d at 609; Golding v. R.K.O. Pictures, Inc., 35 Cal. 2d 690, 700-01 (1950).44 Weitzenkorn v. Lesser, 40 Cal. 2d 778, 780, 791-92 (1953); Chandler v. Roach, 156 Cal. App. 2d 435, 442-43 (1957).45 3 Williston on Contracts §7.21 (4th ed. 2007).46 See Chandler, 156 Cal. App. 2d at 444; see also Restatement (Second) of Contracts §79 cmt. (2007) (Courts do not ordinarily inquire into the adequacy of consideration, especially when one or both of the values exchanged are uncertain or difficult to measure.); Harris v. Time, Inc., 191 Cal. App. 3d 449, 456 (1987) ("Courts [generally] will not…question the adequacy of the consideration.").47 Desny v. Wilder, 46 Cal. 2d 715, 726-27, 746 n.10 (1956).48 Fink v. Goodson-Todman Enters., Ltd., 9 Cal. App. 3d 996, 999 (1970).49 Donahue v. Ziv Television Programs, Inc., 245 Cal. App. 2d 593, 597-600 (1966).50 Minniear v. Tors, 266 Cal. App. 2d 495, 498-99 (1968).51 Buchwald v. Paramount Pictures Corp., 1990 WL 357611, at *1, *15 (Super. Ct. 1990).52 Weitzenkorn v. Lesser, 40 Cal. 2d 778, 781 (1953).53 Blaustein v. Burton, 9 Cal. App. 3d 161 (1970).54 Id. at 184.
Copyright 2008, Los Angeles Lawyer magazine. All Rights Reserved.


text:
Cabochon, cat's eye glass, salmon, 40x30mm oval cameo with flowers. Sold individually.
Item Number: 85-3064CB
Cameos ultrasonically carved in relief. Carved from a solid piece of fiber optic glass, the raised carvings appear an ethereal white against a contrasting background. Individually hand-molded. Sizes can vary 2mm in length or width.
Product-Related Information

subset: commoncrawl


text:
Food Systems
by Hilary Papineau, Brooklyn Food Coalition
Last updated October 22, 2013
Food policy in New York City is complex, driven by its intersections with many other policy issues including poverty, public health, sustainability, and economic development and justice.
Hunger is a major issue in NYC. 2.6 million New Yorkers struggle to feed themselves and their families, relying on a network of food pantries, community kitchens, and other emergency food resources. 1.8 million New Yorkers are on SNAP – Supplemental Nutrition Assistance Program (formerly known as Food Stamps) and receive $147 in food stamps per month, $37 per week. Many of NYC's food access programs, including SNAP, are federally funded by the Farm Bill and Child Nutrition Reauthorization Act, programs often at risk of budget cuts. Current proposals threaten to cut SNAP by $4 – $20 billion. Reducing administrative barriers to accessing public assistance programs is critical with only approximately 30% of income-eligible households able to access cash assistance, down from over 80% in 1995.
Many neighborhoods, and over 3 million New Yorkers, also face limited access to affordable fresh, healthy food, and suffer high rates of diseases related to a poor diet. Many of these communities are located in the Bronx, Central and Eastern Brooklyn, Northern Manhattan, and far Eastern Queens. NYC has undertaken several initiatives to address this need, including the Health Bucks program where EBT customers get a $2 coupon for every $5 spent at Farmers Markets and the FRESH program which creates zoning and economic incentives to bring grocery stores to underserved neighborhoods.
Child hunger is also a serious problem, as 1 in 5 NYC youth rely on emergency food. While NYC schools offer free breakfast to all students, the city has the lowest participation rate in the country, losing over 50 million federal dollars and negatively impacting students' social development and academic outcomes as a result. Research shows clear links between diet and academic performance.
Serving healthier school food also presents an opportunity to spur economic development. Nationally, the Department of Education (DOE) is the second largest institutional purchaser of food in the country, second only to the U.S. military. In NYC, the DOE has taken steps to improve the healthfulness of school food by slowly adding local foods to school meals, including dairy products and select produce from New York State farms. The Department is also slowly bringing salad bars and gardens to all schools, though the City has a long way to go before it is fully tapped into NY's food economy. It is recommended that the City procure 10%-20% of school food from local sources to institutionalize providing healthy, local food to city students. Policy changes such as bringing back Menu Flexibility can empower parents to change individual items in schools' menus and help facilitate healthier and culturally-sensitive school meals.
Economic development can also be achieved through supporting the City's diverse community gardens and urban agriculture. These initiatives are thriving in low income, under-served communities, bringing fresh food as well as cultural diversity and greater self-sufficiency to neighborhoods across the City. These initiatives also support a regional food economy by linking upstate farms and downstate markets. Expanding farmers' markets, Community Supported Agriculture programs, Green Carts, and Healthy Bodegas are other examples of food initiatives which drive the local food economy and increase access to fresh food in urban communities. Developing food business incubators for small food businesses can further drive economic activity while improving access to healthy foods.
These efforts also tap into the City's sustainability initiatives. While agriculture is a critical component of the economy, industrial agriculture is a significant contributor to climate change with the transportation of processed foods across long distances and the release of methane from large-scale farming. Fortunately for NY, the vast majority of New York farms are family-owned businesses and are, on average less than half the size of most farms on a national level. Strengthening a regional food economy will help New York reduce its carbon footprint. Banning the use of Styrofoam and recycling organic waste, as is being done in the current pilot program are additional steps the City is taking and may implement citywide. On a statewide level, many call for a permanent ban of hydrofracking, a form of oil extraction, which the NYC Department of Environmental Protection deems incompatible with the water system and reports that a banning would help keep New York's water and food safe.
Key Questions to Consider
How can City funds be allocated to provide support for and expand projects that increase access to healthy food, including farmers markets, urban farms, CSAs, emergency food gardens, and food coops, especially in communities with limited access to fresh food?
How can the distribution of produce grown by urban, local, and regional farmers be improved? How can the City support wholesale farmers markets at Hunt's Point and open markets in every borough?
How will the City increase the nutritional quality of school food, institutionalize this change, and give parents greater control of their children's meals through this process? Should the NYC Department of Education commit to 20% local sourcing of food products?
How can NYC's public policy reward food companies poised for more business due to the demand for local food that promote transparency and good jobs in the food sector?
How can NYC better integrate food policies and foster stronger coordination among the various agencies who handle food? What management structure best meets New York City's unique needs? Should there be an independent food systems council that uses a democratic and collaborative structure and process between the City, community organizations and citizens?
Resources for more information: NYC Advocacy Groups and Policy Initiatives
- Bed-Stuy Campaign Against Hunger
- Brooklyn Food Coalition – Roadmap to Healthy, Sustainable School Food
- Bronx Health REACH
- City Harvest
- Community Food Advocates
- Food and Water Watch – Fracking New York's Food
- Food Bank of New York City
- Food Chain Workers Alliance – The Hands That Feed Us Report
- Food Systems Network – Recipe for the Future of Food in New York City
- Hunger Action Network of NY State - NYC Food Policy Agenda, Summary, & Pyramid Flyer
- New York City Coalition Against Hunger
- NYC FoodWorks, NYC City Council
- Mark Bittman
- Michael Pollan: Politics & Policy – FAQ and Useful Links
- Restaurant Opportunity Center – Behind the Kitchen Door
- Slow Food
- Why Hunger
- Styrofoam Out of Schools (SOS)


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Saturday, July 18, 2009
© Copyright 2015 Gwinnett Daily Post
LAWRENCEVILLE - Cutting or reducing services has been a major topic of discussion in light of the state and county's budget woes.At both levels of government, one reduction that's already in place has been cutting the number of mowing cycles on rights of way, which could be defined as the shoulders of grass alongside roads, the grass near and around sidewalks, and center medians in major roads that are often full of either grass or concrete. With the rain Georgia's received this year, it's very noticeable driving through the county that a lot of grass in these rights of way hasn't been cut in awhile. As part of the county's Service-Value-Responsibility project, which was conducted to determine where budget cuts could be made, it reduced its annual mowing to twice along road shoulders and three times along sidewalks and in center medians. Prior to the reductions, the county mowed along the roads three to four times per year and six to 12 times per year on the sidewalks, Kim Conroy of the Gwinnett Department of Transportation said. Conroy said the reductions amount to about half the mowing, depending on the number of cycles that were used. In June, the state DOT said it would reduce its mowing cycle of the same from twice a year to just once per year, beginning July 1, assuming the grass was not so long that it made the road unsafe. In this type of instance, the DOT said it would "do safety mowing on an as needed basis to ensure critical roadway signage remains visible." In that same news release, the DOT said it was "encouraging local governments and civic or community organizations to participate in efforts that support local beautification such as the Adopt-A-Highway and Keep America Beautiful programs that encourage organizations to assist in regularly scheduled litter pickup." One of those community organizations that Gwinnett has three of are its community improvement districts, and they're all doing their part, as they always have, to keep their respective areas neat. One is even trying to take on more. In the Gwinnett Village CID, Director Chuck Warbington said the organization currently maintains 12 miles of state rights of way and 14 miles of county rights of way with an annual landscaping budget of $332,000. He said they also mow much more frequently than either the state or county would. "From April to August, the CID performs weekly mowing, edging and litter pickup," Warbington said. "From September to March, the CID provides litter pickup every other week." Warbington said keeping the business corridor looking tidy is important because "an area well kept begins to change the perception." "The curb appeal of the area is the first impression of folks who live and work in the area as well as visitors," Warbington said. He said his group is also trying to take over more mowing from the county by handling Brook Hollow Parkway and Oakbrook Parkway. He said this comes at the request of others in the area who've complained about the length of the grass on the medians. "We have been getting phone calls from multiple businesses in the area," he said. It's a similar story in the Evermore CID. Interim Director Jim Brooks said on a $123,000 yearly budget, the CID maintains the entire seven-mile stretch of U.S. Highway 78, from Ga. Highway 124 to the Stone Mountain entrance and that the corridor is checked frequently throughout the week, especially during the growing season. He also said residents who travel the route beginning Oct. 15 will see the nearly $2 million worth of landscaping and plantings going in as a result of the $31 million U.S. Highway 78 road project that's been ongoing. In the county's centrally located Gwinnett Place CID, Director Joe Allen takes pride in the fact that the organization has always maintained 10 miles of county rights of way and an additional two miles on Pleasant Hill Road and at Steve Reynolds Boulevard at Interstate 85, all on an annual budget of about $196,000. He said crews are out each Thursday and Friday and also provide litter pickup in the non-growing season. He said from January through May this year, crews have filled nearly 1000 bags of litter. "Since the beginning of the CID, our board has been focused on keeping the area clean and well maintained," Allen said. "If an area is free from trash, graffiti and illegal signs it shows visitors that the area has stakeholders committed to its continued success."
More like this story
- Cleanup effort set in Gwinnett Village CID ( May 10, 2006 )
- Landscaping first step to changing perceptions in Gwinnett Village ( March 21, 2007 )
- ARC OK's Jimmy Carter Boulevard improvements ( May 26, 2007 )
- Inmate crews help clean CID roads ( December 4, 2010 )
- District to install sidewalk ( June 8, 2011 )


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- Northern New York Newspapers
- Watertown
- Ogdensburg
- Massena-Potsdam
- Lowville
- Carthage
- Malone
- NNY Business
- NNY Living
- NNY Ads
POTSDAM - Board of education members reviewed a wishlist containing 125 items totaling $32.5 million that could potentially be included in the districts upcoming capital project
What were looking at here is the full dream package, Buildings and Grounds Committee Chair Wade A. Davis said. We need to whittle that down and get it to something reasonable.
Mr. Davis further explained something reasonable would be a project in the neighborhood of $10 million.
At this point the board is hoping for a project vote sometime in December. In order to make that happen, Mr. Davis said a final scope needs to be approved by the end of next month.
It is imperative that we get this list down and in final form by mid-October, he said.
Board member Frederick C. Stone Jr. said he understands the need to whittle the list down, but at this point he wants the SEI Design Group to review the scope and reprice many of the items included on the scope.
I can tell you some of this stuff seems pretty out of whack. Where do they come up with these prices? he said. They need to go back and look at some of these numbers. They need to give us something we can work with.
As far as meeting the October deadline for a final scope, if thats going to happen, Mr. Stone said SEI has a lot of work to do.
Theyve got a lot of scrubbing to do, he said.
Board member Thomas W. Hobbs agreed.
At the bus garage we could tear it down and build a new one, he said, referring to the $1,358,300 price tag SEI has put on renovations there.
Major items included at the bug garage are $279,600 for new pavement, $263,700 for a new roof, $202,400 to enclose the building with insulated siding and $208,600 to replace and relocate the fuel tank.
District-wide projects include $416,900 to upgrade the districts phone system, $275,00 to upgrade the fire alarm system, $338,000 to install a district-wide wireless network and $114,400 to upgrade the districts clock system.
The preliminary scope also includes millions of dollars of work at each of the districts school buildings.
At Lawrence Avenue Elementary, the preliminary scope includes $4,724,500. Major items include $451,000 to replace the buildings lighting fixtures, $390,500 for kitchen upgrades, $1,591,300 for roof replacement, $223,300 for classroom renovations, $392,700 for office renovations including enhanced security at buildings front entrance, $130,700 for enhanced handicapped accessibility, $335,500 for asbestos abatement and $537,900 for a new playground.
Work at AA Kingston Middle School totals $7,236,400.
Potential items there include $1,662,600 for a new athletic field between the turf field and the middle school, $622,600 for repaving, $235,400 for window replacement, $321,200 for office renovations, including making the nurses office bathroom handicapped accessible, an additional $201,900 to make other rest rooms in the building handicapped accessible and $358,100 to create exterior vestibules.
Other work slated for AA Kingston includes $392,100 for kitchen upgrades, $549,200 to replace lighting fixtures, $438,800 for electrical system upgrades, $664,400 for ventilation system upgrades and $335,500 for asbestos abatement.
At the high school the project also includes $12,523,100 of work.
Major items there include $669,900 to replace lighting fixtures, $1,065,900 for auditorium renovations, $990,000 to expand the kitchen and cafeteria,$360,200 to upgrade the kitchens equipment, $547,800 for exterior masonry work, $1,724,900 for siding and window replacement, $1,302,700 for roof replacement and $3,860,800 for heating system upgrades.
The project also includes $142,600 in work at the Building Blocks Day Care building to convert it into classroom space.
The work portion of the project as presented Tuesday night included $27,129,200 in work plus and additional 20 percent or $5,425,800 to cover incidental costs, giving the dream package a price tag of $32,555,000.
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A 1940 vintage Old Elgin vatted malt from independent bottlers Gordon & Macphail. "G&M" are specialists in bottling very old whiskies and whilst the age of this one is not known exactly, from the style of label, we estimate this was bottled in the 1980s.
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For nearly a decade, Hope Skate has provided a safe and fun environment for family entertainment for the Omaha community. An extension of The Hope Center for Kids building, Hope skate is a 20,000 square foot facility. It features an event floor usable for sporting events and rental occasions as well as a fully functional skating rink and skate rental inventory. In addition, the facility's sound system, effect lights and full kitchen make it a prime location for speaking engagements, catered gatherings, concerts and a variety of other rental events.
If you are interested in hosting your event at Hope Skate, please contact Hope Skate Manager, Alisha Floyd, by email at email@example.com or by phone at 402.341.4673 x1062


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Recent forum posts
- Cannot join servers
- - 5 days ago at 17:21:09 in Support by srbergamini
- [How to] setup COD2 Server
- - Saturday, 26 September at 11:39:33 in Server Admin by amir 123
- [Application] - HellHoundx99
- - Saturday, 5 September at 14:27:17 in [EPC] Join us! by mohamed231
- how to crack a cod4 linux server?
- - Sunday, 30 August at 10:16:41 in Call Of Duty 4 Modern Warfare by Dilushan
- how to crack a cod4 linux server?
- - Sunday, 30 August at 08:18:17 in Call Of Duty 4 Modern Warfare by Dilushan
Game IP Name Players
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[EPCGaming] is recruiting! Are you 16 or over and are looking for a clan? Click HERE
EPCGaming Update
Saturday, 14 February, 2015 at 08:24:54 :: epcgaming.com
Hello all, here's a little update on our servers! First off we want to thank all the fans, players and server owners for their contributions to the site; for adding your servers to the lists! We're still going strong thanks to you.
EPCGaming is tracking 15 games, and as of right now there are a total of 821 servers online! Of which 46 have been added this month. This month has seen 67429 unique players, of which 6201 were from CounterStrike 1.6 alone, which happens to be the most poplar game on EPCGaming, followed by Call of Duty 4.
You have added a total of 760 favorite servers using our favorite feature on the website, the most favorite server is our own US hosted EPCGaming Call of Duty server with 41 favorites "us1.epcgaming.com:28960"
Of all the thousands of players being tracked, player "Russ" has the most kills of any player with 47 kills and 11 deaths playing Call of Duty 4, congratulations . This is it for now, if you have any suggestions or comments regarding EPCGaming (or anything else) feel free to let us know through the forums or just simply replying to this update. Have a good day, new updates following soon.
Servers and Client Content
Saturday, 15 November, 2014 at 03:11:26 :: Knappy
We have received numerous reports, private messages and other indications about content that is now become obsolete. I myself have been slammed with a brutal load of both college coursework, business incorporation and a slew of other personal obligations which take priority over the previous matters.
Over the next couple of months I will be looking into these issues so that I can get updated client content along with patches and upload them to the download forum.
Please note that the best way to contact me is through a private message. This allows me to see your message through my personal email which I do check frequently throughout the day. Replies to topics or simply poking me after a friend request does not send correspondence to my email.
With the holiday season approaching, I will take the time to get some forum sites and games updated so that you all have the proper content to play as intended.
Server Administrators Wanted
Saturday, 13 September, 2014 at 06:13:27 :: Knappy
Recruiting Server Administrators
It has been brought to our attention that there are several cases of players continuously circumventing server ban measures and protocol in order to "harass" players by hacking. EPC administration has decided to offer an opportunity for its clients to help administrate game servers.
This is by no means an easy task for the administration or perspective server administrators. Admin power though it is intended to benefit a server, abuse of the power can cause more harm via abuse in lieu of the intended use/regulation and server administration.
In other words, we want you to have an enjoyable game experience, both as a client and/or server administrator without administrators abusing their power and without clients connecting in hacking or cheating. Unless a server is explicitly labeled as a cheat/hack server than any form of hacking on a legitimate non-hacking server will result in a permanent ban from that server. Server administrators are responsible for keeping the server in line with both EPC server rules. Server administrators also need to adhere and abide by the server rules.
We are now opening a topic which will allow you to apply for a server administrator position within a server of your choice, preferably one that you frequent or play often. The EPC administrators are unable to monitor all servers 24/7 thus we have decided to open servers up for administrator applications.
If you are interested in becoming a server administrator, please see the relevant discussion posted in the EPC clan topic.
EPC Administration
Minecraft hosting is here!
Friday, 12 September, 2014 at 16:52:44 :: damn
EPCGaming was founded in 2002, EPCGaming is run by experienced hosts who love Minecraft! Every client matters to us, which is why we put so much effort into our customer service. Minecraft hosts are popping up everywhere, but two things set EPCGaming apart: our great prices and our excellent customer service. We strive to make each client feel like a VIP because we know that's the best way to run a business.
All of our nodes run on Xeon Quad Core CPUs (with HT and Turbo), SSDs, and DDR3 RAM. Our top quality hardware keeps lag down and client satisfaction up.
We currently host servers in the following locations:
- Nuremberg, Germany, Europe
- Kansas, USA
In addition to our great hardware, each Minecraft server comes with the following features:
- FTP Access
- Multicraft control panel
- Optional free MySQL database
- INSTANT Setup!
View our offer
Steam Client Update
Thursday, 28 August, 2014 at 22:53:24 :: Knappy
An update has been released for the Steam Client and will be automatically downloaded.
- Fixed some password entry fields being too short for existing passwords
- Fixed games being installed to a different Steam Library folder than was indicated in the UI
- Fixed trade links causing Steam web views to become unresponsive
- Fixed incorrect scrollbar skins sometimes appearing in web views
- Fixed blurry text in web views under Windows
- Fixed a client hang when viewing a Library page with a corrupted workshop thumbnail image
Minor Changes
- Adjusted colors and other visual details per community feedback
- Improved handling of suspicious links in chat text
- Fixed small-mode UI not refreshing when new games are added to the library
- Fixed some UI selection issues when switching between downloads and games views
Mac OS X, Linux, and SteamOS
- Fixed frequent client crashes while playing peer-to-peer networking games
- Fixed client crashes when installing games or apps with many small files
- Improved client startup time and Steamworks API response time for games
Mac OS X only
- Fixed overlay compatibility issue with some games
- Fixed crash when displaying age-check and other dropdown menus in the client
- Fixed disconnections caused by OS X Mavericks putting Steam into "App Nap" mode, which prevents Steam from receiving chat and other network messages
Big Picture
- Fixed daisywheel text entry to continue generating capital letters while holding the left trigger
- Fixed a failure to capitalize the first word of a line when typing with daisywheel text entry
- Fixed some small memory leaks and decreased overall memory usage
- Fixed UI navigation errors in the friends invite panel for some users
- Fixed some navigation and transition issues in the profile and activity feed
In-Home Streaming
- Improved software decoder performance when using Intel QuickSync hardware encoding
- Fixed issue in the Windows DXVA decoder that could cause occasional black screen flashing
- Added Intel hardware decoding support using VAAPI on Linux and SteamOS. This requires the i386 intel-vaapi-driver package version 1.3.2 or newer to be installed on the client computer. This will be added to SteamOS in an upcoming update.
Virtual Reality Mode
- Enabled the Virtual Reality Mode menu option in more cases where it appears that the user has used VR before
- Added an item to the options menu to re-center the UI in front of the user
- Added error reports to make it easier for users to diagnose VR mode problems
SourceMod Admin Fuctions Broked
Wednesday, 27 August, 2014 at 02:30:03 :: Knappy
1.6.1 Sourcemod update broke the admin commands
within TF2 and other SRCDS servers.
Read more here:
Contagion Full Client (18.104.22.168)
Sunday, 22 June, 2014 at 21:11:50 :: Knappy
[url=http://www.epcgaming.com/forum/files/file/38-contagion-full-clean-client-2094/]Contagion Full CLEAN Client 188.8.131.52[/url]
This pack has not been patched, modified or altered in any way!
You will need to apply the latest RevEmu in order to successfully launch and connect to servers.
Team Fortress 2 Ultimate Patch v6.1
Sunday, 22 June, 2014 at 18:28:22 :: Knappy
[url=http://www.epcgaming.com/forum/files/file/37-team-fortress-2-ultimate-patch-v61/]Team Fortress 2 Ultimate Patch v6.1[/url]
Battlefield 3 .. Cracked Servers .. Soon :)
Wednesday, 18 June, 2014 at 15:31:31 :: damn
Hi, I'd like to announce that over the past few days I have been working on actually cracking battlefield 3 and so far the results seem promising! I'll keep everyone up to date in this thread
[attachment=21:Screenshot 2014-06-18 16.29.38.png]
Counter-Strike:Global Offensive Cracked Servers (New!)
Tuesday, 17 June, 2014 at 22:35:24 :: damn
CS:GO Cracked Server List
From now on EPCGaming is also tracking cracked CS:GO servers. View them here: http://www.epcgaming...lobal-offensive


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Skyrim patch 1.9 is now available for download on the Xbox 360 platform via Xbox Live and is scheduled to appear for the PlayStation 3 in the very near future, after having already been released on the PC last month.
The Elder Scrolls V: Skyrim came out more than a year ago, but developer Bethesda is continuing to support it with new DLC, like the recent Dragonborn one, as well as with patches.
The latest update takes the game to version 1.9 and brings plenty of new things including a Legendary difficulty setting as well as an effective removal of the level cap by allowing skills to be turned into legendary attributes.
Besides these two big additions, plenty of bug fixes are included in the new update.
The patch is now available for download for the Xbox 360 via Xbox Live, according to the Elder Scrolls Twitter.
Update 1.9 already appeared on the PC last month and is expected to hit the PS3 in the near future.


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Kevin Krycka
Graduate Program Director
Casey 323
Sharon Millien
Administrative Assistant
Casey 3E
Carol LwaliGraduate Admission email@example.com
No, we admit students once per year. Applications are due January 15th for the cohort starting in the Fall of the same year.
Each new cohort enters at the same time, in fall quarter. All application materials must be received by the January 15 application deadline. Application packets are available from Graduate Admissions or the Psychology Department. Be sure to request that an official transcript be sent to Graduate Admissions from every college or university attended. Confirm with each institution their policy for issuing official transcripts. If mailed to you directly, the transcript must remain in a sealed envelope. Carefully assemble application materials as instructed below. Assemble the following documents, including recommendations, and send them in the manila envelope addressed to Graduate Admission.
A bachelor's degree from a regionally accredited institution including the following six prerequisite psychology courses: intro to psych, abnormal, developmental, major theories of personality, statistics, and scientific research (e.g. experimental psychology/research methods). This is ordinarily equivalent to a minor in psychology. Transcript showing a 3.0 grade point average (GPA) is required.
Our intention with this prerequisite is that applicants have a good sense of what it will mean to be a psychotherapist prior to beginning the program. This 'sense' of the profession can come through a variety of avenues. We prefer that an applicant have a structured experience in a mental health setting or related, human services setting (e.g. teaching dually diagnosed children would likely qualify, but not being a teacher in general) that includes mentoring and/or supervision by a professional in the field. As for what defines supervised work, we take this broadly to mean any oversight of your work as a volunteer or paid employee. This can take various forms, so we do not strictly define this. Some examples are volunteer coordinator positions, such as those available at larger mental health agencies. Others such as volunteering for the Crisis Line would qualify, or even a part-time jobs such as a counselor or case-worker. The key is that you are not left alone to struggle with the volunteer experience and that you do receive some form of mentoring. We do not require documentation of your practical experience in the field. However, the applicant should address this prerequisite in the personal statement.
Students are part of a yearly cohort, the average size of which is 20-22.
Class sizes vary somewhat between electives and required courses, but in general our class size is approximately 20-22. Since students are part of a cohort, they take many of the same classes. However, elective classes tend to be smaller due to the choices involved.
Classes take place on weekdays. They begin no earlier than 3:45pm and end no later than 9:00pm.
2 years if enrolled full time.
1981 - Co-founders were Drs. Halling and Kunz.
You do not have to have an emphasis on a specific clinical population, though most of our students have an interest on which they focus. What you get from your practicum and electives depends on your choices in what populations to work with and what types of therapy to pursue.
Please see our Graduate Bulletin of Information on the Registrar's website for course descriptions.The MAP program became a 72 credit hour degree beginning with the Fall 2012 cohort. We made this change due to national trending in state licensure policy, which is more frequently requiring that applicants for licensure graduate from master level programs with 72-quarter credit hours within the degree. Unfortunately, this increases the cost of your education, but will make moving from WA State to other states for licensure, should you choose, less of an issue. Please note that while the MAP curriculum fulfills current WA state policy for master level licensure, we do not make this representation with respect to other states. Be aware that state licensure policy changes from year to year depending on the jurisdiction. MAP cannot guarantee that the set of rules enacted by a state at the time of entering the program will remain the same by time you are ready for licensure.
The Program Requirements represent the central body of the curriculum. You are required to take the following courses for a total of 46 credits, including the integration paper:
ELECTIVE courses totaling 26 credits are needed to complete the degree. Typical 72 Credit Program
MAP students fulfill their practicum requirement (600 hours) in their second year. Students are responsible for choosing and applying to their own practicum site, but the MAP program has a Practicum Information Session in winter quarter. We also keep detailed profiles on previous agencies on file, with contact and internship information.
SU's MAP program is existential-phenomenological (EP) and therapeutic in its orientation. EP is a continental philosophical tradition that speaks to contemporary psychology and psychotherapy by offering a fundamentally different model of training than most other training programs. The program offers a broad foundation in psychology, philosophy, and psychopathology and engages the humanities as well. Through exploring these in relation to psychotherapy and counseling, students come to appreciate the significance of therapeutic attitude and presence. Most fundamentally, we place a strong emphasis on the relational and ethical dimensions of psychotherapy.
At SU, there is a full time faculty of five professors. Each faculty member brings their distinct educational background and experience to the preparation of psychotherapists. Some are experienced clinicians; all of us are active researchers in the human sciences. In addition, we have an excellent team of adjunct lecturers, many who have graduated from MAP, with specific expertise in certain clinical areas.
Yes. 20 hours per week is easily doable. 30 hours is difficult. We do not recommend working full-time while in the program.
Between $48,000 - $52,000
All Psychology Department students are eligible for the MAP Scholarship.
The need for affordable housing is a critical issue for many students and those thinking about attending the MAP program.For information and resources for housing that is located near the SU campus click here.
Sign up for our newsletter to learn about MAP programs, activities, and professional development and continuing education events.


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Welcome to the Huntsman School of Business Faculty and Staff Portal. Most of this information is for use by our faculty and staff, but the directory below contains the contact information for all of the Huntsman School employees.
MS, Applied Economics, Utah State University, 2010
BS, Economics, Utah State University, 2008
Guy Ballard grew up in Fielding, Utah, and graduated from Bear River High School. He graduated from Utah State University with a bachelor's degree in economics in 2008 and a master's degree in applied economics in 2010. His hobbies and interests include computers, basketball, hiking, backpacking, camping, skiing and snowboarding. He has a great love for the outdoors and for Cache Valley. His wife's name is Christine, and they currently live in Logan.


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Author: Rick |
December 17, 2012 |
In: SUBMIT
"I'm writing in becasue ive been a chiver for years and i see how much support there is among us all. My friends Ian and Felicia Froyrnier were down from BC canda going drifting. They stopped for a bite to eat in Tullalip and they walked out and there truck trailer and drift car were stolen. They just got married and Felicas been supporting him in his dream of drifting but it cost so much money to travel and keep the car together. Thankfully the idiots couldnt handle the power of the car and was found a few hours later in a ditch but the truck, trailer all his tools and extra rims and tires are still missing. I was hoping all the chivers in the area could keep a eye out. This will set them behind for a long time and they need all the support! Thanks guys"
Category: SUBMIT
theTHROTTLE on Facebook


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The core structure of The Cave mixes the mechanics of platforming and adventure games, with three characters under the control of a player working together in order to overcome a set of challenges and progress through a predetermined story.
I have spoken about the potential character choices before, but once they have been selected, the actual game starts and players will have to understand how collaboration works.
Each character can interact with the environment and with certain items in the world and they move independently across the labyrinthine layout of the titular cave.
Teamwork comes into play during puzzle-solving sections, when characters need to be arranged in certain ways and act in sequence in order to reach a solution and progress.
It sometimes feels a little forced but the setups are mostly interesting and there's real joy in discovering exactly how the solution finally works.
There's a certain gracefulness to the way the three-man or woman team acts, although I sometimes yearned for something closer to the three-way tactical puzzles of something like the old Blizzard-made Three Vikings.
There were times when I wanted for the developers to try out something deeper, with more levels of interaction between the chosen characters and more ways for them to influence each other.
But the structure of The Cage simply does not require that because the focus of the story is on space as a way to connect to the past and not on the team that explores the actual landscape.
The truly impressive fact about The Cave is that, regardless of the initial choices that players make, the game is accessible and easy to play.
This shows the impressive commitment of the Double Fine development team and its ability to mix and match elements that would not otherwise exist together.


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When you live and work at home
For more and more people, living and working at home are two parts of a single stream of activity—lifework. You live a life of integrated activities—work, family, kids, fun, learning, shopping, entertaining. Your home and its spaces are your base. We believe your home office and the furniture in it can help you work better, live smarter, and balance the competing demands on your time.


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BPL Community Profile
Bill Fornshell (bfornshell) - BPL Lifetime Member
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All Forum Posts by Bill Fornshell
Re: Source for Primaloft One?
Re: Source for Primaloft One?
Hi, I just talked to Bill at Rockywoods.com and they have Primaloft One, 3 ounce with scrim on one side in stock. They don't have any of the 1.8 ounce. He also said he was told by the make...
Bill's "Home Made Gravity Feed Water Filter"
Bill's "Home Made Gravity Feed Water Filter" Note the date: Sept. 23, 2005 Cuben Water Bag - 0.54oz Fittings - 0.176oz Hose (25") - 0.95oz Modified Hiker Pro...
Re: Inflatable Snowshoes?
Franco, I sent an email to the one from my link. If they answer I have a bunch of questions for them. Did you find the videos of the guy wearing them. I would like to see someone wearing th...
Re: Inflatable Snowshoes?
Hi, Great idea. Check out this one, It is a different shape and has a crampon of sorts and I expect better. Link
The North Face - Leonidas Jacket
I was in a local "Hiking Stuff Seller - a few days ago and looked at this new Rain Jacket. Link to Jacket My first impression was very good. The HyVent material is very soft to the touc...
Patagonia 1 Merino Wool has been dropped from their product line.
Hi, I hate to tell you all this but Patagonia #1 Merino is gone, dropped from the product line. Give Patagonia call if you want to "fact check" my comment.
Re: Video: Overnight Snowshoe Adventure
Hi, Nice trip report and videos. You are doing to two of my favorite things, play in the snow and hang in your hammock.
Re: The Initiative...12,500 miles, one year, will he do it?
It seems that things may have just gotten better for Sam. I friend is joining him today and will be hiking with him.
Re: The Initiative...12,500 miles, one year, will he do it?
Hi, I did some research on this trail. If you look at the trail map (See link) the first part of this trail is still "proposed" and looks to be a lot of road walk. From the map it lo...
All Reader Reviews by Bill Fornshell
Showing 1 - 4 of 4 | Page: 1
BMW (BPL) UL 60 Balaclava
Cocoon UL 60 Balaclava - Multi-Purpose - 5/5 I have had my Cocoon Balaclava since they first shipped. When I got it I was in the middle of several things and just looked it over, put it on, bless...
OR (Outdoor Research)
During the planning for my AT Hike this coming January I got out my old OR Advanced Bivy. I had used it only a few times after I bought it about 10 years ago and wanted to have a good look at it set ...
BackpackingLight.com Premium Membership
1. Being able to have a picture and a little information about us all and a possible way to send a private email to other members. 2. A list of all our replies to threads in date order. This alone ...
Patagonia Dragonfly pullover
I have to agree with everyone about the Patagonia DragonFly. I bought 2 on a close-out sale for $29.95 each. You can't hardly beat that for a really great piece of gear.


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JetBrains Home
IntelliJ IDEA Home
This inspection reports classes, methods or fields in the specified inspection scope that are not used or not reachable from entry points.
Use check boxes in the inspection options below, to specify what should be automatically assumed entry points. You will also have a possibility to add entry points manually when inspection results are ready.


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The Color of Champions
by Blake Howard August 7, 2012
Has anyone noticed the excessive use of purple so far in the Olympics? Is this good branding or simply annoying?
Some have hailed that London is "staging the ugliest Olympics on record" and others have called the use of purple the "Color of Success".
Every year the Inter-Society of Color Council (or ISCC) studies color trends and designates (based on data) the hot color trends, including the color of the year. My prediction: Purple will be the 2013 color of the year due to its growing relevance and usage in the marketplace (like the Olympics).
That aside, was it a good strategy for the Olympics to inundate us with so much purple?
First, lets talk more about color.
Color is a big part of a brand mark and even more important across an entire brand's visual identity system. Choosing a color is hard because it can be super subjective. What I like, color-wise, is probably different than what you like. My closet is filled with neutral blues and grays, because that's what I gravitate to, but my wife's is filled with bright (sometimes neon) colors. Neither of us are right in our attire selection (even though she's way more stylish) because our attraction to color is based on a litany of emotional, political, and life experiences (from various influences like sports teams to popular brands or general trends in the market place – like the Olympics).
To be associated with a single color, from a branding perspective, is both competitively and emotionally good for a brand. Of course, that's easier said than done and could even be a dying strategy. Traditionally, just like in theater, good color strategy should always have a lead actor, who is the star of the show, and then a few supporting cast members. You can't have 50/50 co-stars, in my opinion. Look at UPS and FedEx. UPS is abundantly brown, but what color is FedEx? They use an assortment of color that cheapens the power of their brand identity. Traditionally, it is better to own one color than use a hodgepodge palette and own none (jack of all trades, master of none).
On the competitive side, color can help you visually differentiate one brand from another. For example, why are Kubota tractors orange? Because John Deere's are green. That simple.
On the emotional side, color lets a brand tell one more part of the story. If a brand is really friendly and enthusiastic, orange might suite them well. If a brand wants to be perceived as trustworthy and dependable, the ever popular blue might be the best choice.
Statistically speaking, the U.S. Patent Office shows that the most popular colors for logos in 2010 were:
These stats aren't shocking. I've never met a designer who got fired for using blue. It always tests best in focus groups and is by far the safest (read boring) route. Red is the color of leadership and what brand doesn't want to be the Leader of their category.
These numbers do, however, show some opportunities to be unique. For instance, purple is a great place to start. The Ally bank rebrand and use of purple is a beautiful brand identity and has proven successful for their business, despite the impossible financial climate for banks right now. So I can see how purple entered the conversation of the Olympics design.
Given the task, I think Purple was the right choice for the Olympic games, in theory, and I have personally enjoyed seeing it everywhere. The problem lies with its flexibility. It doesn't play nice with many colors and limits the ability to adapt to multiple applications in fun and fresh ways. Wimbledon stadium, for example, doesn't work in purple (where Olympic tennis is being held). The other issue is over branding. Did Wimbledon really need to have purple banners everywhere? It is Wimbledon! Let it be!
Regardless of my personal preference, which waivers back and forth, the Olympic purple is different and memorable, so you can't hate on that.
What do you think? Overkill or a smart strategy?


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Logitech Harmony Link
Stop us if you've heard this one before. A gadgets walks into a living room and promises to connect your iPad to your home theater gear utilizing a small box that translates WiFi signals into infrared commands. Sound familiar? If it does, that's because we've seen this gadget before, more specifically the Red Eye.
Today, Logitech announced the Harmony Link. It's effectively the same product as the Red Eye, but appears to come in a neater, sleeker package. It's a small hockey puck sized device that faces your home theater gear, including your TV and receiver, and transmits infrared commands sent from the iPad through your home's WiFi network.
An accompanying app, which includes programming info from Rovio, allows you to setup macro commands, such as turn on the TV and the Blu-ray in one stroke, as well as increase the volume of your speakers with the swipe of a finger or flip between channels. For equipment that is hidden from view, Logitech will include an IR blaster that extends its reach behind closed doors presumambly using a wired connection.
We can only assume that the Harmony Link works better than Thinkflood's Red Eye remote. During our testing of that product we discovered that the lag between box and router was just too painstaking to deal with, especially when it came to incessant channel flipping. So it should be interesting to see if Logitech has already addressed this concern.
However, we're still skeptical as to whether or not the iPad or iPhone, which is also compatible with the Harmony Link, will ever become the home theater remote. We've seen a variety of comparable devices in the last 18 months that plug into the headphone port of the iOS devices, so safe to say the market is pretty saturated. Furthermore, unlike the aformentioned products, which take little to no setup thanks to their plug and play nature, the Harmony Link takes a tad more tech know-how in the setup up department.
The Logitech Harmony Link will be available this October for $99.99.
Christen Costa
Grew up back East, got sick of the cold and headed West. Since I was small I have been pushing buttons - both electronic and human. With an insatiable need for tech I thought "why not start a blog focusing on technology, and use my dislikes and likes to post on gadgets."
1 Comment to Logitech Harmony Link
@Christen…thanks for this article. If you have a chance to test the Logitech product, we would be interested to hear your opinion about "command lag" vs. the RedEye product. We've held off buying in this category because of that.


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Hair Care
New in Hair Care (page 2 of 76)
Jan 08, 2015 | 10:58 AM CST
Purchasing Behavior of Women with Curls, Coils and Waves
By: Michelle Breyer
TextureMedia tracks changing trends in market for texture hair care products and curly, coily and wavy hair consumers; among the most recent findings, consumers don't necessarily shop by their ethnicity but by problem-solution, indicating that the ethnic hair care aisle may become obsolete.
Nov 14, 2014 | 03:11 PM CST
Anti-aging Hair Care Q&A With Kline
In a Kline blog post, Donna Barson, senior associate for Kline's Consumer Products Practice, explores questions about trends in anti-aging hair care; more technologically advanced products just as important for mass brands as it is for salon brands.
Sep 30, 2014 | 11:08 AM CDT
Culturally Relevant Messaging Absent in Marketing to Black Consumers
New research from Mintel reveals that 42% of black consumers have tried or would be interested in trying anti-aging hair products, a higher percentage of those interested in anti-aging skin care; many companies missing the mark and missing culturally relevant messaging.
Sponsored Content
Sep 25, 2014 | 02:21 PM CDT
All in the Family: Preservative Solutions That Boost Protection
schülke has built a family of related preservative blends around ethylhexylglycerin—which reliably inhibits the growth and multiplication of odor-causing bacteria, leaves beneficial skin flora unaffected and has been shown to improve the efficacy of many traditional preservatives, including parabens.
Sep 10, 2014 | 10:06 AM CDT
L'Oréal To Acquire Brazil-based Niely Cosmeticos Group
With a net revenue of 405 million Brazilian reals in 2013 and brands well accepted by Brazil's growing middle class, the Niely Cosmeticos Group expected to positively complement the L'Oréal products already offered in Brazil.
Sep 08, 2014 | 11:09 AM CDT
Claims Inspired by Other Segments Propel Hair Care Growth
Almost half of new hair care products carry brightening and illuminating claims, and claims inspired by skin care and color cosmetics as well as demand for customization offer growth opportunities for the hair care market.
Sep 05, 2014 | 11:15 AM CDT
Beauty and Healthcare in the Convergence Zone
Euromonitor International looks at how new product development is steadily becoming ever more concentrated on the capability of addressing topical health conditions.
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Kline Explores Global Professional Hair Care Market
Shampoos and conditioners continue to be the bedrock of hair care growth, but hair colorants and scalp care products and treatments are gaining share while newer online retail concepts capture consumers' imaginations.
Aug 22, 2014 | 11:42 AM CDT
Seeing the Beauty in Sustainability: Organic Monitor Announces 2014 Sustainable Beauty Awards
Entries are now open to this awards event, which is dedicated to sustainability in the beauty industry. The deadline for award entries is October 15, 2014; finalists will be notified by October 31, 2014; and the winners will be announced at a dedicated awards reception in Paris on November 24, 2014.
Aug 21, 2014 | 10:23 AM CDT
Diagonal Reports Sees a Revolution in Hairstyling
According to market researcher Diagonal Reports, strong consumer demand for hair management and control is transforming the global hair straightening market beyond recognition. It is no longer about just straightening, but a world of new terms and new outcomes.


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Drew Brees Wins Franchise Tag Grievance Against New Orleans Saints
July 3rd, 2012
New Orleans Saints quarterback Drew Brees has won his grievance regarding his "franchise player" tag, a ruling that was handed down on Tuesday by Arbitrator Stephen Burbank, the ruling was revealed by union and league sources. Under Burbank's ruling Drew Brees will be able to play through the 2012 season under his current franchise number and can then only […] Drew Brees Wins Franchise Tag …
Featured News
Humid Beings editors look at local media and blogs to find the local news that seems to resonate.
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Treme' 200 Bicentennial Celebration
New Orleans Bookfair & Media Expo


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Wed, 12 January 2011 at 2:30 pm
Brenda Song & Aly Michalka: Op Campaign 2011 Sneak Peek!
Check out Brenda Song and Aly Michalka modeling cute bikinis for the 2011 Op Campaign Shoot!
Thanks to ET, the former Phil of the Future costars reunited for the weekend shoot for the new campaign.
The 2011 Op Campaign faces include Brenda, Aly, Katerina Graham, Glee guys Chord Overstreet and Mark Salling and Rob Kardashian.
Stay tuned to JJJ for more on the campaign and behind-the-scenes pics soon!
Like Just Jared Jr. on FB
Posted to: Alyson Michalka, Brenda Song


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Development Guide
Local Navigation
Controlling the behavior of a map
The MapAction class contains the methods and constants that control and modify a map. For example, you can set the initial zoom level of a map, or prevent BlackBerry device users from changing the zoom level.
You can use the methods and constants in the MapAction class to add the following functionality to a map:
- Initiate actions on a map.
- Define the behavior for actions that users are allowed to perform on a map.
- Identify and respond to the events that occur on a map.
Initiating actions on a map
The MapAction class provides a set of methods, each called set<Action>, that you can invoke to perform actions on a map (for example, setRotation). The set methods determine if the action is allowed, and if it's allowed, how the action is performed.
Before you can invoke one of these methods on a map, you must retrieve the MapAction object from the map by calling getAction(). For example, when the application opens and displays the map, you can invoke myMap.getAction().setCenterAndZoom(MapPoint center, int zoom) to set the center and the zoom level of the map.
MapField map = new MapField(); map.getAction().setCenterLatLon( 45.0000, -75.0000 ); map.getAction().setZoom( 0 );
Defining custom behaviors
Each set<Action> method has a corresponding perform<Action> and allow<Action> method. The perform methods customize the behavior that occurs when an action is performed. The allow methods define whether actions are allowed to occur. To use the perform and allow methods, you must extend your class with MapAction and override the appropriate methods.
The following code sample demonstrates how to override the performNavigateNext() and performNavigatePrev() to customize their behavior when a user presses the N (next) or P (previous) keys. The methods invoke super to ensure that the default actions for these methods are still invoked, in addition to the custom actions that are added. This code sample also demonstrates how to prevent the user from zooming by overriding allowSetZoom(int zoom) and returning false.
public class NewMapActions extends MapAction { protected boolean performNavigateNext() { super.performNavigateNext(); // Add custom behavior here. return true; } protected boolean performNavigatePrev() { super.performNavigatePrev(); // Add custom behavior here. return true; } protected boolean allowSetZoom(int zoom) { return false; } }
Adding a custom MapAction object to a map
After you create a new MapAction object, you can invoke setAction() on your map to apply the customized MapAction object.
NewMapActions action = new NewMapActions(); map.getMapField().setAction(action);
Responding to changes in a MapField
If you want to identify and respond to the actions that the user performs in a map field, you can invoke addChangeListener() to register the map field as a listener, and then use the constants that are defined in the MapAction class. For example, MapAction.ACTION_ZOOM_CHANGE indicates that the zoom level was changed.
class MapFieldListener implements FieldChangeListener { public MapFieldListener () { MapField map = new MapField(); map.addChangeListener(this); } public void fieldChanged( Field field, int actionId ) { switch ( actionId ) { case MapAction.ACTION_CENTRE_CHANGE: break; case MapAction.ACTION_ZOOM_CHANGE: break; } } }


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Dental Services
Dental Health Questions?
TMJ Treatments
TMJ dysfunction and Bruxism can be treated. Many characteristics of TMJ dysfunction are; headaches, sore jaws, clenching or grinding, worn tooth enamel, loose teeth and facial pain. This condition can affect your quality of life, so please ask us about treatment if you experience any of these symptoms.
Turnagain Dental
fax: 907.274.0442
1842 W. Northern Lights Blvd
Anchorage, AK 99517


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My desire to grow and enjoy luscious figs from my own backyard has grown over several decades. I was reintroduced to this wonderful fruit by my husband's parents soon after our marriage. They lived in Houston at the time and had a huge fig tree in their backyard. It produced bushels of large green Celeste figs. The Celeste is a soft chartreuse green on the outside opening to a honey sweet meaty pink interior.
Sherrel Jones: Pig Out on Figs
I quickly developed a case of "Fig Envy" always visiting them during fig season and returning home with carefully packed boxes of them for us to enjoy back in our home on the Oklahoma Prairie. These beautiful figs were 2 to 2½ inches across and nearly 2 inches tall. Being the gardener that I am, I began reading about ways to grow these beauties. I was hopeful as my aunt managed to grow similar figs in her Wagoner backyard. Even though Wagoner was a planting zone away from Enid, I was encouraged.
For several years I was able to travel with a small group of fellow food writers and a couple of writing coaches to inspiring destinations from California to France and Italy. We took up brief residences in everything from a vineyard home in the wine country to a lovely Chateau in Burgundy, followed by an amazing retreat on a remote Umbrian hillside. There we lived and breathed the bounty of Italian Country life feasting on figs from large trees next to our patio.
I returned home determined to grow figs of our own. I ordered a tree noting that the Brown Turkey would probably be best suited to our climate. My reading turned up one method used in Italy which helped in marginal fig-growing areas. In the fall after fruiting, the roots of the tree are severed on one side. On the opposite side, a sort of grave is dug and the tree is folded down into it and buried for the winter.
Continue reading this story on the...
Roasted Fig and Gorgonzola with prosciutto Wrap
If you get some figs, try this amazing little combination. You could use domestic goat cheese, but if you have a source for sweet Italian Gorgonzola it is wonderful. Build these with friends while the steaks are grilling. Serve several as a special treat along side a soup or salad for a light lunch. Allow 3 or 4 per person depending on other foods you may be serving with them.
8 ripe but slightly firm figs cut in half after removing any woody stem (cut a slit in side of smaller figs to insert cheese)
3 to 4 ounces Gorgonzola cheese (Goat cheese can be used.) Plan to use about a teaspoon with each portion.
4 slices prosciutto cut or torn into strips about 1 inch wide and 4 inches long.
Cook's notes: If you have large fig leaves, they make a beautiful bed under the figs on a tray or serving platter.


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Residents lined Washington Avenue to watch the parade — which featured music, lighted floats and vehicles, businesses, and community organizations.
"I've come a few years in the past," said Jennifer Nivison of Grand Haven resident. "It's kind of fun for us to get out of the house and do something fun."
Nivison was there with her children, and was one of hundreds of young and young-at-heart who attended the parade to watch the more than 70 entrants make their way through downtown Grand Haven.
The grand marshal for this year's parade was Steve Loftis, who was recognized by the local Chamber of Commerce earlier this year with its Spirit of Community Award. The award honored his work in the community with events such as the Grand Haven ArtWalk.
The Grand Haven Lions Club handed out 2,500 cans of chicken noodle soup, donated by Don Armstrong of Grand Haven, during the parade. Honor students from Grand Haven High School and Boy Scout Troop 246 assisted in the can delivery.
Nivison said the parade was a good way for people to get out of the house and meet their neighbors in town.
"It's nice to get out and see everyone out with the kids, baring the cold weather," she said. "It's good."
Nivison said she was glad, too, that rainy weather that washed over the area most of Saturday held off for the evening's event.
"We might have toughed it out even (if it was raining), but we're glad it did stop," she said.
Following the parade down Washington Avenue, revelers met at Central Park — where Santa and Mrs. Claus, along with Mayor Geri McCaleb, lit the Community Christmas Tree. The tree lighting included a carol sing with Santa and Mrs. Claus, led by Capt. Jay Davis of The Salvation Army, along with accompaniment from the Prevailing Winds Community Band.
Cindy Williams, who was visiting from Lansing, said she was enjoying all of the festivities on Saturday night.
"It's great to see everyone out having a good time, at the downtown parade and at the tree lighting," she said. "It's what community is all about."
With Santa having officially made his debut in Grand Haven on Saturday, families will be able to pay an official visit to him beginning Wednesday when the Kiwanis Club Santa House opens. It will be found between Fifth Third Bank and Jumpin' Java on Washington Avenue. The house will stay open until Dec. 23.
Santa House hours are 6-8 p.m. Wednesday through Friday: Dec. 7-9, 14-16 and 21-23; and 11 a.m. to 4 p.m. Saturdays, Dec. 10 and 17.
To see more photos from the event, click here.


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Directions: Our head pin is half way between the head pin of Snake Creek and Whale Harbor Channel headpins, please watch out for the Whales and Snakes these channels are named after, also always have proper charts, read the waters, colors, and ripples, and use polarized glasses to stay off the FLATS brown Brown run-a-ground. Once you enter the headpin take the South fork,(left turn) straight in to Coconut Cove Resort, we seldom monitor any channels, sorry. We have full electric, water, fresh and salt water pools, waterfall. Restaurant and Bar (open only for special events and weddings), full gym, dive center, boat rentals, jet skis, fishing guides and many more amenities.
Coordinates: The Lat Longs of our docks is N24.56.810 W080.35.944 we are in all the GPS data bases look for Coconut Cove Resort & Marina.
Boat sizes: We recommend outboard engines for boating in the Islamorada Keys waters, IO only for experienced boaters that know the waters.
Boaters: Enjoy some of the best diving, fishing, treasure hunting, spear fishing, and sand bar parties anywhere in the world. We raft up in the small basin type marina and everyone must have a great attitude in the marina or you will be asked to go away and not infect us. Be safe and protect our environment, catch only what you eat as fresh, leave the rest for next time!