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Yes, The IPAA Is A Serious Problem: Both In Process & Substance
from the but-doesn't deptLast week, we were among the first to call attention to the fact that Lamar Smith and the House Judiciary Committee were seeking to rush through an IP-related bill which was similar to a small part of SOPA. We noted at the time that this was a much smaller issue than the key points in SOPA that everyone objected to, but our main concern was the failure in process. The fight over SOPA was as much a complaint about the process by which IP bills get passed as it was about the substance -- and this is a point that Lamar Smith and the House Judiciary Committee clearly still have not realized.
In the wake of this, BNA's Tamlin Bason correctly noted a few factual errors in what a few of us had originally published about the bill. For example, I flipped the setup of the bill, saying that the attaches would be moving from USPTO to Commerce, rather than the other way around, as is the actual case (though, confusingly, the bill also elevates a role from the USPTO into Commerce). I admit that this was a mistake in the writeup, though one that had little bearing on the actual issues raised by the bill and the process by which it was being rushed through. In fact, the process itself was partly to blame. We were told about the existence of this bill and the fact that there would be a markup with less than 24 hours notice last Monday, giving us little time process all the fine print.
While supporters of the Judiciary Committee are now using these minor mistakes to claim that there's nothing at all wrong with the IPAA, that's simply incorrect. Gigi Sohn's careful analysis of the bill shows where there are serious concerns in the substance, mainly in the fact that the role of the IP attache continues to be to only push one side of the equation (enforcement) and completely ignore important limitations and exceptions. On top of that, it leaves the door open to massive expansion of the program. This is exactly how we described it in our original post: a way to expand this program, and a questionable way to get US diplomats doing what's in Hollywood's best interest, not the public's:
Remember when everyone thought the Intellectual Property Enforcement Coordinator (IPEC) only had authority to act with regard to "enforcement" as opposed to other IP policy matters? That limitation is nowhere to be found in the 2008 legislation that created the position or in its legislative history, and there is nothing in this bill that limits the Assistant Secretary's powers either.In fact, as Gigi points out, the role that will be elevated is the Administrator for Policy and External Affairs, which will become the Deputy Assistant Secretary of Commerce for Policy and External Affairs -- a much more high profile position. It's worth noting that the job is currently held by Shira Perlmutter, an infamous copyright maximalist, former executive VP of the IFPI as well as IP Policy boss at Time Warner. Think she's going to push for more exceptions and limitations? Yeah, right.
In addition, the Secretary of Commerce is given carte blanche to hire as many Deputy Assistant Secretaries to help as the USPTO can afford. This means that overnight, the USPTO would become the home of yet another office dedicated wholly to the protection of intellectual property.
Have we told you that the USPTO already has personnel dedicated to Intellectual Property Enforcement? It should come as no shock to anyone that these new positions, as well as the attache positions, are likely to be filled by those who believe that more IP enforcement is always better.
But, honestly, the bigger complaint here is still the process itself. People complained about SOPA being negotiated in back rooms without a chance for real public input. Just because Smith and the HJC chose a seemingly "boring" piece of SOPA to try to rush through without people noticing, don't think this wasn't a deliberate decision. Of course they chose a boring piece of SOPA. It was a test to see if people were really that concerned about the process, and to see if they could sneak through this bit of SOPA without anyone noticing. The fact that people spoke up stopped that temporarily, but these attacks on minor errors in the initial rushed writeups shows that the HJC is now trying to minimize the criticism -- though it still hasn't actually released the draft of the bill for public review. While Reddit has been saying that there's a vote on the IPAA on Wednesday, it doesn't appear to be on the schedule yet, though we have heard rumors of Friday or early next week from different people.
Smith and the HJC could have avoided this whole mess by doing something simple: being open and releasing the bill and letting the public react to it before rushing it through markup. Nancy Scola, over at ReadWriteWeb has a really good writeup on Lamar Smith's failings with this bill, which focus on the process failures, and the fact that Smith clearly tried to rush this through:
Fifty days.As Scola points out, it's clear that IPAA was a "trial balloon" to see if they could sneak IP stuff through in a post-SOPA era: pick something that is good for his Hollywood backers, but which is "maybe just dry enough" that it can fly below the radar and get passed.
That's the median time it took for eight legislative bills - on economic espionage, identity theft, abortion in the District of Columbia - to circulate in the House of Representatives before they were put on the agenda for Tuesday's markup session by the House Judiciary Committee.
Zero days.
That's how long the ninth bill on the agenda, a measure submitted by Judiciary chair Lamar Smith, existed before it was submitted for Tuesday's markup. Unlike the other eight (H.R. 6029, H.R. 4362, H.R. 3803... ), Smith's Intellectual Property Attaché Act didn't even have a number. It had yet to be introduced into the House legislative system.
That's legislating the future of copyright, the Internet and creative content, Lamar Smith-style.
We apologize for making a small error in our initial post -- though, we likely wouldn't have done so if Smith had done as he supposedly promised other members of Congress and released the draft long before it went through the markup process. Instead, by trying to sneak stuff through and see if anyone was paying attention, we missed one minor detail in the bill, but not the larger concern nor the serious process issues. If the HJC and Lamar Smith don't want to see these kinds of reactions, they should be a hell of a lot more open about what they are trying to do. But, of course, that might make it more difficult to get Hollywood's agenda to move forward. I guess that's the dilemma they face.
* The initial report also stated that Darrell Issa was a co-sponsor of the bill. Scola's report quotes his office saying that it's simply untrue and that Issa is not a co-sponsor. We've heard similar things as well, and a few others named in the original report have since said they, too, were not co-sponsors.
Filed Under: copyright, diplomats, house judiciary committee, ipaa, lamar smith, process, transparency


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Chemicals have many uses in the modern environment. They are used to control unwanted bugs, weeds, mold, and mildew. They are put in some fabrics to make them less flammable. They are present in paints, varnish, wood treatments, plastics, resins, insulation and other building and construction material. They are produced as by-products of industry.
Children's behavior, such as their tendency to put things in their mouths, as well as the fact that their brains and bodies are still developing, mean that chemicals' impact on them is even greater than it is for adults. For this reason the American Academy of Pediatrics is calling for special consideration for children and pregnant women when making laws about the safety of chemicals in our environment.
The much-publicized recent concerns about BPA highlight the kinds of problems day-to-day exposure to chemicals can cause. Bisphenol A is a primary component of polycarbonate plastic which is used in clear plastic drinking bottles and in the lining of food and beverage cans as well as infants' drinking bottles and sippy cups.
Children's behavior, such as their tendency to put things in their mouths, as well as the fact that their brains and bodies are still developing, mean that chemicals' impact on them is even greater than it is for adults.
Studies have shown that more than 90% of humans have measurable levels of BPA in their systems and wide concern lead to discontinuation of BPA use by some producers of plasticware, particularly plastics used by infants and children. But manufacturers are still not obligated to disclose which products contain BPA and this chemical has neither been adequately investigated nor well-controlled.
BPA illustrates why environmental exposure to chemicals is worth paying attention to. The residues of household chemicals remain on indoor and outdoor surfaces long after application and chemicals applied outside can be tracked into the house on shoes. Contaminants can make their way into the water, food supply and even breast milk. Potentially toxic chemicals have shown up in children's toys, pacifiers, and, as we have seen, drinking bottles. While not all chemicals are bad, and not all levels of exposure are dangerous, there are real risks to personal and environmental health posed by these products.
Bug sprays, rug, floor and upholstery cleaning products, weed and mold killers and many other products that are applied by well-intentioned adults to the appropriate surfaces, all represent a greater threat to small children.ADVERTISEMENT
Children's eating habits also contribute to the greater likelihood of an intense exposure to chemicals. Children generally drink more water and eat more dairy products and fruit relative to their size than adults do. Young children also tend to have less variety in their diets with heavy concentrations on a few favorite, possibly contaminated, food groups. Finally, babies who are drinking breast milk may be simultaneously ingesting toxic chemicals that have been stored in their mother's fat cells and secreted into the milk supply.
The rapid periods of growth and development experienced by children make them particularly susceptible to the influence of environmental toxins. In the first two years of life, the brain undergoes rapid changes in the numbers and types of brain cells, and in the neurochemical connections between them. The filter (blood-brain barrier) that prevents harmful substances from passing from the blood stream into the brain tissue is less effective in younger children.
One example is the recent attention, which has been drawn to the potential role of pesticide exposure in the development of ADHD.
The creation of the lining, or myelination, of the nerve cells, which increases the speed and specificity of the transmission of nerve impulses, is not complete until late childhood. Exposing the developing central nervous system to toxins during this period of increased vulnerability and rapid growth can lead to permanent damage of brain structures and of nerve function.
There are currently some laws on the books to monitor and control the chemical toxins in our environment, but they have proven cumbersome and ineffective. The AAP took action because it is worried that children, who are vulnerable to toxic substances in the environment, are not adequately protected by laws and monitoring systems that work.
In 1976, the Toxic Substances Control Act was passed with the intention to collect information about environmental chemicals and health and to ensure that such chemicals were marketed and used responsibly. The goal was the regulation of substances that presented an "unreasonable risk of injury or health to individuals or the environment without creating unnecessary barriers to technological innovation."
Between 1976 and 2005, the FDA required testing on fewer than 200 industrial chemicals, and in the thirty-some years since the enactment of TSCA, only five chemicals or chemical classes have been banned or limited.
The Act has fallen woefully short of its goals because it is cumbersome, expensive, and unrealistic to enforce. It states that manufacturers must notify the Environmental Protection Agency of new products, but there is no requirement for pre-marketing safety testing; no stipulation that the public must be made aware of results of testing, if done; and minimal attention paid to chemicals on the market prior to the passage of the TSCA in 1976.
Perhaps the most burdensome aspect of the law is the requirement that the EPA demonstrate that a chemical has a high likelihood of causing harm before they can order health risk testing. Additionally, the TSCA requires that each individual chemical be tested separately rather than allowing classes of similar chemicals to be investigated. The result is that between 1976 and 2005, the FDA required testing on fewer than 200 industrial chemicals, and in the thirty-some years since the enactment of TSCA, only five chemicals or chemical classes have been banned or limited.
Numerous medical and public health agencies are calling for changes in the TSCA and most recently, the American Academy of Pediatrics has joined in the outcry. However, the AAP has called for an additional awareness of the unique vulnerabilities of children and pregnant and breastfeeding women to inform future policies.
The American Academy of Pediatrics is calling for a higher level of vigilance about the consequences of chemical use on children and their families in the form of a revised Toxic Substances Control Act. They would like to see that "reasonable levels of concern" rather than demonstrated post-marketing negative health effects are used in decisions to limit chemical use. They call for a review of all chemicals, even those that were approved prior to the 1976 TSCA.
The unique vulnerabilities and exposure risks of pregnant women and children should be specifically considered in decision-making. The AAP calls for industrial chemicals to be regulated similarly to medications, for which the standard is "reasonable certainty of no harm." Additionally they call for post- marketing surveillance, clear documentation for the public of product information, federal monitoring and federal funding for programs to create an effective testing, monitoring, and follow up system.
As we head into summer in the Northern Hemisphere, the use of household and yard chemicals such as organophosphates in fertilizers and pyrethroid insecticides makes it more likely children will be in contact with dangerous chemicals. If you are concerned that your child may have been exposed to environmental toxins, discuss your children's potential chemical exposures with their health care providers.
Pay special attention to the areas outside where you child plays. Outdoor play, which carries an increased likelihood of contact with surfaces and objects that have been chemically treated, increases a child's exposure.
Maternal exposure to certain chemicals including dyes, lacquers, paints, organic solvents, trichloroethylene and nitrofen (herbicide) have been shown to damage fetal heart development.
Be on the lookout for poor hygiene practices (dirty hands, left unwashed) and hand-to-mouth behaviors that can increase the likelihood that a child will ingest environmental toxins, including pesticides. Children who are developmentally delayed and have a prolonged period of hand-to-mouth activities are at even higher risk.
Some pesticides mimic hormones in the body and may disrupt the normal endocrine development by disrupting the normal balance of hormones. Animal studies on pesticide exposure have also shown negative effects on brain development, as well as urogenital and limb deformities. So are pregnant women. Maternal exposure to certain chemicals including dyes, lacquers, paints, organic solvents, trichloroethylene and nitrofen (herbicide) have been shown to damage fetal heart development.
Information about specific environmental chemicals such as BPA, bisphenol A, formaldehyde (building materials) and phthalates (cleaning products) is available on the website of the National Resources Defense council: www.nrdc.org.
The National Institutes of Health (NIH) offers "Tox Town," a listing of toxic chemicals. The list below is linked to their site.
- Acetone
- Ammonia
- Arsenic
- Asbestos
- Benzene
- Bisphenol A
- Cadmium
- Carbon Dioxide
- Carbon Monoxide
- Chlorine
- Chlorofluorocarbons
- Chromium
- Crude Oil
- Diesel
- Dioxins
- Endocrine Disruptors
- Ethylene Glycol
- Ethylene Oxide
- Formaldehyde
- Gasoline
- Lead
- Mercury
- Methanol
- Nanoparticles
- Natural Gas
- Nitrogen Oxides
- Ozone
- Particulate Matter
- Perchlorate
- Perchloroethylene
- Persistent Organic Pollutants (POPs)
- Pesticides
- Phthalates
- Polybrominated Diphenyl Ethers (PBDEs)
- Polychlorinated Biphenyls (PCBs)
- Polycyclic Aromatic Hydrocarbons (PAHs)
- Polyvinyl Chloride (PVC)
- Propane
- Radon
- Solvents
- Sulfur Dioxide
- Toluene
- Volatile Organic Compounds (VOCs)


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Kiters at Leo, continued...
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Joined: 13 Aug 2003
Posts: 168
Location: Mars satellite
Posted: Sat Jul 28, 2007 10:59 am
Post subject: Kiters at Leo, continued...
Well, the "Yellow kite crashed at Leo" forum got over 4,000 hits, meaning there is obviously a serious problem between kiters and windsurfers nationally.
Although half of you might just be "tuning in" to hear from the funny Italian lady! Will she move to America and find a nice windsurfing guy? The plot thickens....
Yesterday at Leo, talked to a lifeguard watching 4-5 kiters hotdogging it a few feet from shore. Turns out kiting is actually BANNED from Leo. Why? A few weeks ago a kiter took out a man on the beach. The poor guy was sent to the hospital with a back/C4 injury. The kiter? He ran to the beach, packed up, hopped in his car and took off. The lifeguard called it "a hit and run", and kiting was IMMEDIATELY BANNED. He also said that "windsurfers, when they crash, take up 15 square feet, kiters, hundreds of square feet."
So the lifeguards already know the dangers. Why can't they enforce the ban? Not enough personnel, and they can't exactly swim out to them. But, they are watching. We can only hope they'll set aside a separate place for kiters, like they do in Maui and the Gorge before someone gets hurt.
So, who wants to start posting on the kiting forums? Because if kiter will take someone out and not stick around, do you really think any of them read this forum? Or care about our musings?
We need to keep the dialogue up with the lifeguards, maybe write letters? I don't want to be the next casualty, and yesterday, again, 5 kiters were clogging up the small sailable space around the rock at Leo.
Someone a while back suggested litigation is the only way to protect yourself. Do we want this? I don't think so.
Nealpar, aren't you an attorney? Can to offer some insight?
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Joined: 13 Aug 2003
Posts: 168
Location: Mars satellite
Posted: Sat Jul 28, 2007 12:04 pm
Post subject: Hmmm...
Lots of hits, no comments.
Could it that the term "litigation" scared everyone off?!?!
Everyone's mixing it up with MKrasnoff trying to figure out what makes the wind blow. It think it's the rotation of the earth on its axis, but I'm not sure. Eighth grade science is a little fuzzy.
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Joined: 10 Apr 2000
Posts: 706
Posted: Sat Jul 28, 2007 1:53 pm
Post subject: Kiter's reckless trespass:Unacceptable and intolerable.
The way one of the kiters was acting yesterday, perhaps at least he should be banned from Leo. Some kiting hotdogger, I was told that his name is George, got about 15-20' away from me and sprayed me while I was standing in waist deep water and heading in. DaBull was an eye-witness to it, and was familiar with this kiter. His comment to me, when I got on the beach, was "That was a little close". Ya, it was. I don't give a sh-t how dangerous these guys get with themselves or each other, as long as they don't put me at risk. At times such risks may be hard to avoid, and arguable in terms of freedom to enjoy..., etc., but to purposely get that close puts us both at risk, especially me.
You, reckless kiter(s), do not have my permission to invade my space to that degree, and put me in danger. I'd think that such actions would amount to criminal reckless endangerment (Counselor np?), at the very least, whether or not they result in actual injury. I will not hold the apple atop my head so that you can do your modern William "Telling". You do your fellow kiters no favors by acting like that. It's dangerous, and shows that you'll willingly, and recklessly, put others at risk. Daredeviling's cool with me, just don't use me, or other unwilling participants, as your "mark".
Conversely, there was a kiter who asked if I was o.k., after my taking a mid-jibe, high speed wipeout on a kelp patty. I appreciate his concern. That stands in stark contrast to the reckless kiter's actions.
One thing I guarantee to any showoff kiter(s): If they injure a windsurfer, and try to flee (It also happened at County Line a couple of years ago. I know who that guy is, but haven't seen him since.), they won't be getting far. They will be held until the police get there, or watched until they hit the beach. I may even get a picture of you causing the injury, and fleeing the scene. Perhaps this constitutes a felony hit-and-run? I'm sure that after being expressly cautioned to stay clear, and not put others at risk, the penalty will be much stiffer.
Don't risk ending up having your sport banned, if it hasn't already been.
In the future, I will be bringing a camera with me in order to document such reckless "boating" behavior, just in case it's needed in the future. Perhaps I'll even donate a camera to the lifeguards for such purposes. Whatever it takes to keep it safe. Pose pretty and smile.
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Joined: 13 Aug 2003
Posts: 168
Location: Mars satellite
Posted: Sat Jul 28, 2007 2:10 pm
Post subject: yup!
Whew! Well put, The Q.
Where's Nealpar when we need her?
What could be happening is that many kiters we're seeing aren't locals. Maybe they read about our little bit o' paradise in a kiting mag. So they don't care about what we think or this forum, and most likely aren't reading it. To the Kiting forums en masse, anyone?
A lot of the guys who live here and have been kiting for years come in to Leo, play a little, wave at us, and then move on. That's what makes me think that the guys we're seeing hotdogging, jumping over the surfers and kiting recklessly might be from somewhere else. (Not the "kiter formerly known as George"---he's the worst!)
A sign on the beach that said "No Kiting" like the one that says, "No Dogs" would be nice, but can the underfunded State Beach lifeguards install one? We could hand letter one, slightly misspelled, so that they think we're unbalanced, and desperate. That might do the trick.
I'm going to have to remember to match my wetsuit with my sail if there's a camera out....
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Joined: 19 May 1998
Posts: 3392
Location: Leo
Posted: Sat Jul 28, 2007 2:19 pm
Post subject:
Good posts rowena and theq. As I saw it there were 3 kiters which were wreckless and out of control. There were a few other kiters who were down wind and not bothering anyone.
I waiting for one of the wreckless kiters and had a little chat with him. This kid may not have even been 18. I told him he was dangerous and out of control and he was going to hurt or kill someone. Of course he denied it and claimed to be in control the entire time. I told him that he was not watching for others around him and that they (kiters) are being told to launch down close to zeros and they should say down there. He told me that he launched up north. I told him to stay up there. He appologized for cutting me off and said if he did so it was because he didn't see me. I said "yeah, because you're not looking for anyone else". He didn't get it. My last words to him were "don't come back".
Kudos to the guards for using the bullhorn to tell one particular kiter to stay outside. Unfortunately this ended at 5:00 and that is when the free-for-all began.
Not all kiters that go to Leo are wreckless and inconsiderate and I say to any kiter reading this that you will have to police your own otherwise you will lose your right to be there. We windsurfers are going to have to seek out the bad ones when they land and tell them they are dangerous and not welcome. If we do nothing this will continue until one of us is hurt.
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Joined: 13 Aug 2003
Posts: 168
Location: Mars satellite
Posted: Sat Jul 28, 2007 2:34 pm
Post subject: good post jpbassking...
A few bad apples spoil the bunch. Kiters need to police their own
We have all had our moments of self-delusion concerning our skills and sailing prowess. Only self-delusion doesn't hurt anyone windsurfing, but it does in sports like kiting (and skiing), where what you do has an effect on a lot of people on the water and on the beach.
Glad you confronted the guy, JPBassking. He may have been just delusional.
Let's talk to the lifeguards when we see them. Tell them we support the difficult job they have to do. Tell them we don't really have a way to keep the reckless kiters out of the high traffic areas (except yelling and screaming), that we need a sign of some sort, or permission to go ahead and tell the reckless kiters that by law they aren't allowed there.
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Joined: 17 Mar 2001
Posts: 46
Posted: Sat Jul 28, 2007 2:44 pm
Post subject:
rowena's right about directing this dialogue to the kite forum. The kiters at Belmont are taking steps regarding safety around the beach goers. The issues are a little different (eg novice kiters vs. sunbathers as opposed to experienced riders vs. windsurfers in the waves) but the responsible kiters (ie the vast majority) who ride at Belmont know what's at stake for everyone. There are more posts on the ikitesurf forum on this subject (at Belmont) than there are here.
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Joined: 19 May 1998
Posts: 3392
Location: Leo
Posted: Sat Jul 28, 2007 2:47 pm
Post subject:
Delusional? maybe, oblivious, definitely!
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Joined: 19 May 1998
Posts: 3392
Location: Leo
Posted: Sat Jul 28, 2007 3:11 pm
Post subject:
"rowena's right about directing this dialogue to the kite forum"
consider it done.
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Joined: 17 Mar 2001
Posts: 46
Posted: Sat Jul 28, 2007 3:55 pm
Post subject:
hey jp I read your post on ikitesurf and i see your getting some input.
By the way I'm a windsurfer, just trying to be constructive and direct some of this chat at the folks you're trying to reach - regular guys who happen to like kiting.
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things i like right now by niel of a hymn
- Arcade Fire – The Suburbs
- Black Prairie – Feast of the Hunters' Moon
- Jonsi – Go
- Titus Andronicus – The Monitor
- Spaghetti Bolognese (eating it and making it)
- Long weekends with nothing to do.
- Starting work at 10 every Monday
- Yellow = (0 Cyan) (20 Magenta) (100 Yellow) (0 black)
- My secret free mp3 websites that I can't tell you about because they are secret.
- This presentation
- Anything that can stop the censorship of the press. Without freedom of speech we are nothing.
newspaper image from brandon long


text:
Adult Swim
Across the first week of February, Adult Swim ranked #1 on basic cable for Total Day Delivery of all young adult and young men demos - adults 18-34, adults 18-49, adults 18-24, men 18-34, men 18-49 and men 18-24. Compared to the same time period last year, average adults 18-34 delivery (541,000) increased by 5%, adults 18-24 (327,000) by 18% and men 18-24 (201,000) by 9%.
Adult Swim programming - including Family Guy, Robot Chicken and American Dad - accounted for 14 of the top 50 telecasts for the week on basic cable among adults 18-34 (more than any other network), and 17 of the top 50 among men 18-34, also more than any other network.
Cartoon Network
Across the first week of February 2012, Cartoon Network stood out as the #1 television network - broadcast & cable - in early prime time (7-9 p.m.) among boys 2-11, 6-11 and 9-14 every night of the week: Monday, Tuesday, Wednesday, Thursday and Friday. Among those nights, Monday and Wednesday night charted mostly double-digit delivery gains (between 18% -81% among kid demos) compared to last year's time period across kids and most boys demos.
Among its original programming, the network's newest live-action comedy series Level Up (Tuesday, 8 p.m.) scored as the #1 telecast of the day among boys 2-11 and 6-11, and #1 in its time period among all boys (including 9-14). Additional animated series that night--The Amazing World of Gumball (7:30 p.m., & recently named the 2012 Annie Award Winner for Best Animated Series for Kids) and Adventure Time (7 p.m.) - each ranked #1 in their time periods among all boys.
Overall for the week, Cartoon Network's early evening prime time (M-Su, 7-9 p.m.) averaged significant delivery gains across all kids demos vs. the same time period last year-average kids 6-11 delivery (730,000) increased by 17%, kids 2-11 (985,000) by 9% and kids 9-14 (561,000) by 17%. Total Day weekly delivery also grew by 7% among kids 9-14.
Monday night comedies (7-9 p.m.) once again propelled Cartoon Network to the #1 destination on all broadcast & cable television among kids 9-14 and all boys (2-11, 6-11 & 9-14), charting double-digit delivery gains among kids demos ranging between 18% - 58%. Regular Show (8 p.m.) ranked as the #1 telecast of the day among all boy demos, while Adventure Time (7 p.m. & 7:30 p.m.) and MAD (8:30 p.m.) each ranked #1 in their time periods among all boys.
Wednesday night's Ninjago (8 p.m.) continues to power Cartoon Network's Wednesday night (7-9 p.m.), ranking as television's #1 telecast of the day among kids 6-11 and all boys on all TV, and #1 among kids 9-14 on basic cable. The series also ranked #1 in its time period among kids 2-11 & 6-11, posting double and triple digit delivery gains across the board, ranging between 89% and 139%.
Turner Sports
NBA on TNT
Through 17 games of TNT's 2011-12 NBA regular-season schedule, the network continues to deliver double-digit gains vs. last year's corresponding coverage. The NBA on TNT is averaging a 1.8 U.S. rating (+29% over last year's corresponding coverage); 2,839,000 total viewers (+36%); and 2,116,000 households (+34%).
Source: Nielsen Media Research. Based on Live+SD. NBA Regular Season on TNT STD; 17 games vs. 14 games. (12/25/2011-2/2/2012) vs. (12/30/2010-2/3/2011)
Through six weeks of the network's 2011-12 regular-season schedule, NBA TV continues to experience significant double-digit increases compared to last season. The network is averaging 391,000 total viewers (+74%) and 306,000 households (+78%) for 34 games.
NBA TV's Tuesday Fan Night match-up (Jan. 31) featuring the Denver Nuggets vs. Memphis Grizzlies delivered 261,000 households; 310,000 total viewers; and 91,000 Men 18-34.
It was another big week for TBS, which ranked as basic cable's #1 network with adults 18-34 in primetime. Last week's success follows two consecutive months in which TBS ranked as the top entertainment network with that key demo.
The Big Bang Theory on TBS continues to lead the pack as basic cable's most-watched comedy. The Tuesday 9:30 p.m. episode topped the chart with 3.7 million viewers. The show also accounted for nine of basic cable's Top 10 sitcom telecasts for the week with adults 18-34 and adults 18-49.
After three consecutive months of growth, TBS's Emmy(R)-nominated late-night series CONAN continues to climb. Last week, the show averaged 1,031,000 viewers, up 8% compared to January. Among key demos, the show averaged 382,000 adults 18-34 (+9% vs. January) and 696,000 adults 18-49 (+12%). Meanwhile, time-shifted viewing grew the show's episodes for the week of Jan. 16 to 921,000 viewers in Live + 7 delivery, with 374,000 adults 18-34 and 634,000 adults 18-49.
Last week, TNT's acclaimed cop drama Southland scored its most-watched episode of the season, with 3.1 million viewers in Live + 3 delivery. Among key adult demos, the episode drew 1.5 million adults 18-49 in Live + 3 (+17% vs. the prior week), and 1.5 million adults 25-54 (+8%).
Three episodes into its fourth season, Southland is showing strong double-digit growth compared to season three, with total viewers up 10%, adults 18-49 up 15% and adults 25-54 up 10% among adults 25-54.
truTV's lineup of popular original series led the network to another weekly Top 10 finish among cable entertainment networks in the key men 18-49 demo. Particularly notable was the season finale of Full Throttle Saloon, which averaged more than 2 million viewers Wednesday at 9 p.m. and ranked as the #1 basic cable program in its timeslot with adults 18-49 (1.2 million). It was also cable's top non-sports program in the timeslot with men 18-49 and ranked among the Top 5 in the timeslot with adults 18-34 and men 18-34.
truTV's breakout hit Hardcore Pawn also performed exceptionally well, averaging more than 2.7 million viewers and ranking second among ad-supported cable programs in its Tuesday 9 p.m. timeslot with adults 18-34, men 18-34 and men 18-49.
Also scoring strong showings last week were Storage Hunters (2.2 million viewers Tuesday at 9:30 p.m.), World's Dumbest... (1.4 million viewers Thursday at 9 p.m.) and Impractical Jokers (1.3 million viewers Thursday at 10 p.m.), as well as the acquired hit Wipeout (1.5 million viewers Friday at 9 p.m.). All four shows ranked among basic cable's Top 5 entertainment programs in their respective timeslots with key adult and male demos.


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UConn's Dolson, Hartley old hands at Final Four
Recommended Video:
NASHVILLE, Tenn. -- UConn women's basketball coach Geno Auriemma has heard the same thing over and over again during the recruiting process. Players talk about how they want to go to college and they want go to the Final Four. Players talk about how they want to win a national championship, too.
This is nothing but talk, though. These youngsters have no direct knowledge of just how much work it takes to realize these lofty goals. There have been only 35 schools that have reached the Final Four in the 33-year history of the NCAA tournament. And 14 of these schools have not made more than one appearance.
This is why the careers of UConn senior All-Americans Stefanie Dolson and Bria Hartley are ones to remembers. They will be competing in their fourth Final Four Sunday when the unbeaten Huskies face Stanford in the national semifinals at Bridgestone Arena (approximately 9 p.m., ESPN).
"For them to say it when they were in high school and then to come here and actually do it, I think sometimes we take that for granted and sometimes we don't understand how hard it is and what's involved,'' Auriemma said. "Those kids have gone to four Final Fours now. There's some schools that haven't gone to four Final Fours in their history. So for them to do what they've done is amazing.''
There have been nine schools that have made at least four trips to the Final Four -- Tennessee, 18; UConn, 15; Stanford, 12; Louisiana Tech, 10; Notre Dame, 6; Georgia and LSU, 5; Duke and Maryland, 4.
Dolson and Hartley are among 11 UConn players who have reached the Final Four four times. Caroline Doty and Heather Buck, who each sat out one season as a medical red-shirt, were members of five Final Four teams.
"It feels great,'' Dolson said. "It's not something easy to explain. A lot of people don't even have the opportunity to go once. And I think when you go to Connecticut you know the expectation is to make it to the Final Four and win a national championship. So to make it there four times in a row, Bria and I are extremely excited. It's our senior year and we're just ready to go out with a bang.''
Dolson and Hartley have played in 20 NCAA tournament games. Should UConn advance to the final Tuesday they would move into third-place all-time in tournament history. Only Laurie Milligan of Tennessee (24, 1995-98) and former UConn All-American Diana Taurasi (23, 2001-04) will have played in more games.
"People think that just because you go to UConn you're supposed to go to a Final Four and people are supposed to roll over and it's not how it works,'' UConn junior Kaleena Mosqueda-Lewis said. "They know more than anybody that all four years they had to work every single time to get to the Final Four. And it's not an easy thing.''
Dolson and Hartley thought they were going to win a national championship every year when they joined the program in 2010. But UConn was denied by Notre Dame in the national semifinals in 2011 and 2012.
Still, Dolson and Hartley can end their careers as two-time national champions. Again, that would be most impressive.
"I don't know if (four Final Fours) is that hard (to imagine) because when me and Stef came in we kind of came in and the team was on the 78-game winning streak and everything,'' Hartley said. "So we kind of thought this team's invincible. I think we kind of set our bar really high. And even though we didn't meet it exactly, we still did a pretty good job.''
firstname.lastname@example.com; @elliottctpost; blog.ctnews.com/elliott/


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*automated ssm stuff*
If you want to echo the design of the Abydos, my first idea would be to consider converting the two "ribs" on one side into structures akin to the "ladders" connecting the core to the outer ring of the Abydos. Probably, they should meet in the middle in some kind of structure, so that they appear to have a purpose rather than just existing for existence' sake.
The main structure is, at this point, still pretty simple, so it's hard to give useful feedback. More detail is needed, but that's not going to help you too much since it doesn't tell you where to put it.
I'm guessing that you built that part of it mainly from a single, squashed sphere, with some extrudes? Or something like that, anyway. Possibly consider rebuilding it from smaller subobjects? It's easier to build in a lot of detail that way, and you can reuse UV Mapped subobjects to add a lot of detail quickly.
FSO does not currently support hi-res interface files. You can do 640x480 or 1024x768. Before this project becomes worth anything, you'll to convince some coder to basically overhaul the interface code... That's something that has been talked about for a long time but hasn't gone anywhere because that's a big project.
Still a long way to go..
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text:
SRD:Folding Boat
From D&D Wiki
|This material is published under the OGL
Boat, Folding: A folding boat looks like a small wooden box—about 12 inches long, 6 inches wide, and 6 inches deep. It can be used to store items like any other box. If a command word is given, however, the box unfolds itself to form a boat 10 feet long, 4 feet wide, and 2 feet in depth. A second command word causes it to unfold to a ship 24 feet long, 8 feet wide, and 6 feet deep. Any objects formerly stored in the box now rest inside the boat or ship.
In its smaller form, the boat has one pair of oars, an anchor, a mast, and a lateen sail. In its larger form, the boat has a deck, single rowing seats, five sets of oars, a steering oar, an anchor, a deck cabin, and a mast with a square sail. The boat can hold four people comfortably, while the ship carries fifteen with ease.
A third word of command causes the boat or ship to fold itself into a box once again.
Faint transmutation; CL 6th; Craft Wondrous Item, fabricate, creator must have 2 ranks in the Craft (shipmaking) skill; Price 7,200 gp;Weight 4 lb.
Back to Main Page → 3.5e Open Game Content → System Reference Document → Magic Items


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Darius Rucker Invited to Become Newest Grand Ole Opry Member by Brad Paisley
October 2, 2012 is sure to be a date that Darius Rucker won't soon forget, as it marks the day that the singer was asked to become the newest member of the Grand Ole Opry family.
During his routine performance on the prestigious Opry stage, Rucker chatted with the crowd while answering some of their questions. But he was thrown a curveball when his good friend and fellow country star Brad Paisley popped up in the crowd with not one, but two questions for the former Hootie and the Blowfish frontman.
"My question is in two parts," Paisley stated as fans scrambled to capture the moment on film. "First question is: Are you still the worst poker player in the world? Other question is, would you like to be the newest member of the Grand Ole Opry?"
"Oh, you're kidding me. Tonight? Really?" a stunned Rucker responded. Paisley quickly quipped, "You haven't answered," to which Rucker came back with a humble, "Yes, I would. Wow, really? Wow."
Rucker will have to wait a few weeks before returning to the Opry stage for his official induction, which is set for October 16.
"Tonight I was honored by my good friend Brad Paisley when he inducted me into the Grand Ole Opry," Rucker tweeted to his fans after he was able to process the night's events. "What an honor. I am in awe."
Fans in the Nashville area can log onto the Opry's website to purchase tickets to the show, and those out of town can tune in through WSM's website when Rucker's induction is broadcast live.
Watch Darius Rucker Get Invited to Join the Opry


text:
Interesting facts about Xiamen
Book a flight to Xiamen and discover what this bustling serene city has to offer. Located on Xiamen Island on the Taiwan Strait, enjoy the culture and amenities of a big city along with the relaxing beaches of a laid-back Island. To start your trip on the right note, choose Xiamen Airlines for your Xiamen flights.
Things to Do in Xiamen
If it's your first visit, begin with a stroll along the Zhong Shan Road, lined with eateries and shops. Stop by Nanputuo Temple, or explore the many parks and gardens, including the Xiamen Botanical Garden and the Xiamen Shuzhuang Garden. For a perfect day trip, take the ferry to nearby Gluangyu Island. This pedestrian-only area, full of narrow walkways and local shops, is a UNESCO World Heritage site that fuses the cultures and architectural styles of Fujian and Western traditions. No trip is complete without a visit to Baicheng Beach – especially at sunset.
Xiamen Travel Tips
Culinary specialties include the local seafood, available fresh in markets and restaurants. Xiamen is also famous for its tea culture. Indulge in a traditional tea ceremony or attend the twice-yearly Xiamen Tea Fair. The Xiamen International Marathon is another popular event, with more than 70,000 runners from around the world taking part each year.
Getting Around Xiamen
Many neighborhoods are easy to explore by foot. Ride the bus rapid transit (BRT) for the easiest way to get from place to place. Or, make like a local and explore the city on bike. Taxis are available, too. The easiest part of your visit is getting to the city – travel to Xiamen with Xiamen Airlines for a comfortable flight that will have you ready to explore.


text:
Thread: Fantasy Football chat
Results 11 to 20 of 79
I've already been getting invites from past leagues, I think I even got one in June! :eek:
I'm more of a baseball fan, so I don't quite get into FFB until it gets really close to the season.
And for the record, I'll get the league started here sometime soon.Voted hottest "chick" at CU - My hotness transcends gender
I've played once. Year before last, I got in a league with some old Navy buddies and won the whole thing. I wasn't there for the actual draft, so I listed my players to be picked by the computer.
1st: Michael Turner, I knew Matt Ryan was entering his rookie year and Turner would get LOTS of carries.
2nd: Drew Brees, wide open offense with many weapons around him.
3rd: Roddy White, he was the only big play reciever. Therefore, he was the rookie's safety blanket.
I also took 2 good defenses so I could switch them out depending on who they were playing that week.
I took LaRon McClain from the Ravens and a back from the Giants (can't remember the name Ward something or something Ward) since they were both short yardage backs to stick it in the endzone.
I had Antonio Gates at tight end, which was a given.
This worked to perfection. I have a buddy who adopted the 2 defense strategy and said it easily gave him two more wins.
Of course, that was my only time playing so I don't know if my drafting strategy would consistently work.I feel that once a black fella has referred to white foks as "honky paleface devil white-trash cracker redneck Caspers," he's abdicated the right to get upset about the "N" word. But that's just me. -- Jim Goad
It's not always best to have the strongest fantasy players on a Dvision champion team.
Most leagues end before the NFL regular season.
My experience has shown that if your league has it's playoffs and championship game during the 14-16 week, you may get burned because the teams rest the starters.
One team I had last year was 11-2 last year and had thumped most of my competition. I lost in the first round because Indy decided to rest Peyton Manning.
This destroyed me in two leagues when I was above everyone else.
In another league I was 7-5 going into the playoffs and Aaron Rodgers, Chris Johnson (not on a playoff team), and a solid defense carried me in the Championship over a guy who had only 2 losses.
Believe me, the best isn't always what you need in the home stretch.Gun Control: The theory that a woman found dead in an alley, raped and strangled with her panty hose, is somehow morally superior to a woman explaining to police how her attacker got that fatal bullet wound - Unknown
The problem is Empty People, Not Loaded Guns - Linda Schrock Taylor
I've been doing this for over 20 years(first season was in 1987) and I've learned a few things along the way. For starters, always take the best available players in the first round. RB, if possible, should be your first choice but if the point making backs are gone(Johnson-Tenn, Gore-SF, Peterson-Min), go for one of the high ranking QB's. Peyton Manning is a popular choice but in the past I've taken high ranking sleepers. Aaron Rogers last season(and again this season in a Yahoo league), Drew Brees, Kurt Warner(I got him in 2008 as a free agent) and Matt Schaub who did wonders for me last season as well. The romantic picks like Manning and Brady are good too but it's best to take a QB who has a decent but not great running game behind him. This is why Warner worked out so well for me. Avoid the rookies. Ryan in '08 was an exception but usually rookies like Stafford last season are OK but only as a backup or if someone gets hurt. Then try to get that QB's WR. For example, if you get Ryan, try to get Roddy White or Jenkins but not both. Good TE's are hard to find so you have to be quick with the Gonzales' or Celek's or Clarks. Kickers and defense I take last. And believe me, 1 kicker is as good as the next. Really. Not important at all.Leftism is a bottomless pit of absurdity.
- Join Date
- Dec 2008
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- San Diego, CA
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MQSeries::Config::Authority -- Interface to parse authority files
use MQSeries::Config::Authority;
my $authobj = new MQSeries::Config::Authority('QMgrName' => 'TEST',
'ObjectType' => 'queue',
'ObjectName' => 'FOO.BAR');
print "All entities for queue: ", join(', ', $authobj->entities()), "\n";
print "Entity 'mqm' has authorities: ",
join(', ', $authobj->authorities('mqm')), "\n";
if ($authobj->has_authority('allcmd', 'mqops')) {
print "Entity 'mqops' has 'allcmd' authority\n";
print "The command to recreate authority for user 'nobody' is:\n\t",
"setmqaut -m TEST -t queue -n FOO.BAR -g nobody ",
$authobj->authority_command(), "\n";
The MQSeries::Config::Authority class is an interface to the authority files in /var/mqm/qmgrs/XYZ/auth/, for MQSeries versions 5.0 and 5.1 on Unix. It will not work with MQSeries 5.2 and higher, as those store the authority information in a queue.
This class will parse authority files for specific objects and take into account the @aclass and @class files. Objects created then provide access to the entities (Unix groups or principals) that have access to the object, allow you to query whether an entity has specific access levels, or to create command input that will allow you to recreate the access settings at a later date.
The MQSeries::Config::Authority class will cache the parsed @aclass and @class authority files across multiple authority files for efficiency, but will check the timestamp of these files at every lookup. Should the files change, they will be re-parsed, so that up-to-date information is always returned.
Create a new MQSeries::Config::Authority object. The constructor takes named parameters, of which two are required and three are optional, depending on the type and your environment:
- QMgrName
The name of the queue manager containing the object. The Authority class will query the mqs.ini file for the queue-manager directory name, using the MQseries::Config::Machine class.
- ObjectType
This must be either 'qmgr', 'queue', 'process' or 'namelist'. The aliases 'QMgr', 'QueueManager', 'Queue', 'Process' and 'Namelist' or also supported.
- ObjectName
The name of the object to be read, if the object type is not 'qmgr'.
- BaseDir
An optional parameter specifying the base directory, if not /var/mqm.
- Carp
A reference to a routine used to issue warnings. Will default to
Returns an array with all entities (Unix groups or principals). These can then be used in further method calls. As the authority file has a flat namespace, it is not indicated whether an entity name is that of a Unix group of that of a principal.
This method requires one parameter, an entity name, and will return the numeric authority value for that entity. The numeric authority is normally not of interest, but can be used when generating authority files directly.
This method has one parameter, an entity name, and one optional parameter, the format ('setmqaut' or 'PCF'). It returns a list of all authority names for this entity.
If the format parameter is 'setmquat' or is not specified, the authority names returned correspond to the values as specified in
setmqaut, e.g. 'connect', 'inq', 'get', etc. If a user has all authorities, the full list of names is returned, not 'all'.
If the format parameter is 'PCF', the PCF macros as defined by the MQSeries::Command module are returned.
This method requires two parameters: an entity name and an authority name. It returns a boolean value indicating whether the user has the indicated authority or not. Apart from the indidivual authority names, this method also supports the combined authority names 'all', 'allcmd' and 'allmqi'.
This method requires one parameter, an entity name, and returns a string with authorities suitable for use in a
setmqaut command. If the entity holds 'connect' authority, the string includes '+connect', otherwise it will include '-connect'. In order to keep the string short, the combined authority values 'all', 'allcmd' and 'allmqi' will be used when appropriate.
This module only works with MQSeries versions 5.0 and 5.1 on Unix. Version 5.2 is not supported.
MQSeries(3), MQSeries::Config::Authority(3)


text:
Going public: Andrews talks, and the governor listens
For nearly 30 years, Martin Andrews kept silent about a hideous crime that happened to him in Tidewater. But last year he learned that the man who repeatedly raped him and kept him imprisoned in an underground box is scheduled to be released from prison in April.
The 43-year-old Andrews swung into action. Now a computer technician living North Miami, Florida, Andrews collected his vacation time and began making frequent trips to Virginia to lobby top state officials and tell his story to the media– all in an effort to prevent the scheduled release of his attacker.
"He's really gone to bat for what he believes," says Troy Tippin, a retired Portsmouth firefighter, who, during the 1973 kidnapping, secured the use of a Coast Guard helicopter to search for the missing youngster.
Andrews' efforts seem to be paying off. In December, he obtained a meeting with Governor Mark Warner.
"That was probably instrumental," says Ellen Qualls, the governor's spokesperson, "in the governor's finding money for that program."
"That program" is the Civil Commitment for Sexually Violent Predators Act, a 1999 law that has gone unfunded because of the current state budget crisis. Qualls says the governor has recently submitted a budget amendment that would put $300,000 into the program and has crafted language that might apply to Andrews' abductor, Richard Alvin Ausley, and a "handful" of other repeat sexual offenders.
Andrews' work didn't stop at the Capitol. Late last year, he began tracking down other victims in the hope that prosecutors might open new criminal cases against Ausley.
One of those alleged victims, Gary E. Founds, whose father and two brothers actually testified in Ausley's defense in the Andrews' kidnapping trial, has now revealed that Ausley raped him, too.
Another alleged victim Andrews had been seeking without knowing his name, George "Buck" Miller of Chesapeake, suddenly appeared Wednesday, January 22, to testify before the House Appropriations Committee.
"That was a surprise– a great surprise," says Andrews, who– like the other two men– says that although Ausley is now 63, he still poses a grave danger.
Ausley had served 10 years in prison for raping a 10-year old before allegedly attacking Founds and Miller, each then 14. Ausley was scheduled to appear in court to answer charges in the Miller case on the 1973 day he kidnapped Andrews.
Now incarcerated at Brunswick Correctional Center, Ausley was unavailable for comment. Prison sources indicate that Ausley was so incensed about a Richmond Times-Dispatch story that focused more on his crimes than his art (he does "still lifes, animals, and pastoral scenes," according to the Times-Dispatch) that he has cut off all media contact.
As for Andrews, even he finds the media attention a little disconcerting in its focus on him as a victim. Moreover, he occasionally has to deal with suggestions that because he's gay, he somehow encouraged the attack– or that Ausley's assaults are perhaps the reason he became a homosexual.
"You wouldn't say that a girl who was raped became a heterosexual because of that," responds Andrews.
This week, Andrews is back in his Miami office as a computer technician, trying to write thank-you notes and answer emails. But before he left Virginia, he tied up some loose ends.
On Sunday, January 26, he reunited with the two surviving hunters who found him chained in that box deep in a Suffolk forest. Together, they returned to the scene of the crimes.
"There's still a hole in the ground," says Andrews, "and there's still wood in the hole. It looked like the earth was reclaiming it."
Revisiting the site was emotionally difficult, says Andrews, but necessary. "There's still a scar there, but it's healing."


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Lead Specialist, Team Manager – Knowledge Support Services, New Delhi
At BCG, Challengers go against expected thinking and inspire their teams to be truly innovative. Prasenjit empowers and inspires others.
BCG has given me immense opportunities to improve my leadership skills. I have been valued for my work and have been exposed to a challenging work environment.
I am a knowledge management professional with a keen interest in process excellence, enterprise social collaboration, and content management solutions. BCG was an interesting career choice because it exposed me to a diverse set of people and a range of challenges, starting with how to share knowledge to how to provide the best solution to a problem.
My work is reflected in a range of ongoing efforts, where we make finding relevant content a little easier for practitioners at BCG.
I have also been exposed to numerous challenges, where I have been forced to think outside of the box to come up with the most optimal solution. I have also been given the opportunity to provide help in setting up some of the knowledge support services infrastructure, which has been one of the most interesting experiences of all.
Prasenjit has a bachelor's degree in economics from Symbiosis College of Arts and Commerce, Pune. Prasenjit also holds an MBA in marketing and HR from the Institute of Public Enterprise, Hyderabad.
It challenges me to think about positive change! There's a lot of opportunities and that allows me to come to the office every day thinking about work.
At BCG, from day one, I was seen as a valuable contributor, and my ideas and initiatives for positive change were encouraged. This has led me to become a team leader after two and a half years.
I love trekking, playing sports, and playing the guitar; I'm usually found engaged in one of these things.


text: Viewports Move #979 by seasdes Tue Mar 23, 2010 4:00 pm I am finding that on some drawings, the paperspace viewports move on their own in relation to the print area. Anyone else experiencing this. Is there a solution? Seasdes Username seasdes Posts 54 Joined Sat May 24, 2008 4:54 am


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BERLIN – Water pollution is the issue, not whether a mound of material on the Hudson Farm is chicken or human waste, said the Waterkeepers this week after controversy erupted over an intended citizen lawsuit against the Hudson Farm and Perdue Chicken over contaminated farm run-off.
"It's not really about the pile. It's about the discharge coming off the farm. It's about getting the ditch cleaned up," said Kathy Phillips, the Assateague Coastkeeper.
The notice of intent to file a lawsuit sent last week contends that Hudson Farm is discharging contaminated water into a ditch that leads to Franklin Branch, which empties into the Pocomoke River, which flows into the Chesapeake Bay. Both the Pocomoke and the Chesapeake are listed as impaired waters.
"Obviously there's something getting into that ditch from that farm to cause those huge spikes in E. Coli and fecal coliform," said Scott Edwards, Director of Advocacy for the Waterkeeper Alliance. "Whether it's chicken waste or human waste, someone's got to do something."
The Maryland Department of the Environment has confirmed that the pile of material in question is treated human sewage sludge from Ocean City and not chicken litter.
In a statement issued this week, Phillips said, "If Perdue and Hudson try to claim that human sewage trucked into the farm is a safe Class A biosolid, then they need to explain why we found fecal coliform levels at 100-200 times what the EPA allows for Class A biosolids. The levels we detected are comparable to what you would find in a pit of raw, untreated sewage still in liquid form."
Phillips stumbled over the situation in October on an aerial survey flight concentrating on a different site, right after taking off from the Ocean City Airport. She noticed a pile of material and drainage channels from that pile leading to a drainage ditch.
"There was a small hand dug trench that carries the waste run-off to the ditch," said Phillips. "Just the fact it was draining directly into the ditch, that was a no-no."
Phillips said she then researched the topography, where the ditch originated, and where it drained to, and realized that the ditch only carried stormwater from the Hudson Farm and drained into a waterway that eventually reached the Chesapeake Bay. From public land, as close as she could get, Phillips then took water samples from the ditch and had them analyzed at a state certified lab in Salisbury.
The lab turned up elevated readings of arsenic, ammonia, phosphorous, and nitrogen as well as elevated counts of E. Coli and fecal coliform bacteria.
Phillips said those numbers warranted further sampling, since they indicated run-off from the farm, but were not greatly alarming. The third sample, however, did set off alarm bells.
"The lab called us and told us they needed one more day because they needed to check the results, because the numbers were so off the charts," Phillips said.
Those numbers could only be explained by farm run-off, according to Phillips.
"The farm is clearly discharging to waters of the state," said Phillips. "Any discharge of waste like that is a Clean Water Act violation."
Thus the lawsuit, Edwards said.
"Things happened when all the pieces of evidence were in place to warrant the action. We don't fly off the handle … Everything was carefully thought out. We filed when everything was ready to go," Edwards said.
The Waterkeeper Alliance has used Clean Water Act citizen lawsuits, or the threat of legal action, successfully in other areas to eliminate or reduce pollution sources, such as in the hog farming industry in North Carolina.
"We are anti-pollution. The biggest tool that folks who advocate for clean water have at their disposal is a Clean Water Act lawsuit. It really does make a big difference," said Edwards.
The goal of the lawsuit is to get that site cleaned up and stop the water pollution, Edwards said.
Any fines assessed in a Clean Water Act suit must be paid to the federal government. No environmental organization, or citizen advocate, benefits financially from such actions.
"Penalties, we don't get a dime of them," Edwards said.
The Waterkeepers would also like to see the big chicken companies like Perdue, also known as integrators, held responsible.
"They really do assert a high level of authority over the industry, top to bottom. The only thing they don't take authority over is the waste that comes out of those chickens," Edwards said. "Those chickens don't belong to those farmers. Those chickens belong to the integrator."
The integrator's role in disposing of its product's byproducts needs to change, said Edwards.
"If Perdue takes on this responsibility, then it's not on the back of individual growers," Edwards said. "Perdue has the capacity and resources to take on responsibility for the manure."
This position has been supported in federal case law, according to Edwards.
It would be great, he said, if the Hudson and Perdue situation serves as a bit of a wake up call to other poultry growers to be more careful with their chicken manure.
The Waterkeepers are not targeting the chicken industry, he went on to say. Big factory chicken farms are no different than paper mills or chemical factories to the organization if they are polluting the water, according to Edwards.
"We're concerned citizens who have a real interest in clean water. That's all that drives us. We're not looking to drive anyone out of business. We're not looking to get rich," Edwards said.
Phillips acknowledged that most poultry farmers follow the rules.
"What I'm hoping for is this will open up a dialogue between the state and federal governments and agricultural community to stop trying to find excuses for dealing with all this waste from the poultry industry. Face the issue head on," said Phillips. The state needs to offer farmers more help with manure storage sheds, for example.
The lawsuit has not been filed yet, Edwards and Phillips emphasized. The notice of intent to file a lawsuit gives the targets 60 days to satisfy their accusers that the allegations, have been corrected or are incorrect, before an actual Clean Water Act lawsuit is filed over the apparent violation. Many of these cases never get to the lawsuit stage, Edwards said, but are settled prior to that point.


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Indicative Rate * AU$41 to AU$221
BIG4 Toowoomba Garden City Holiday Park is your first choice for centrally located accommodation. Whatever your taste, whatever the time, this region of South East Queensland has something special to offer both the day tripper and the holiday-maker.
Mum and Dad can relax in the spa while watching the kids splash about in their two swimming pools (the large pool for the big kids and the small one for toddlers complete with a splash mushroom). The jumping pillow is great fun for all ages and the park has go kart buggies to entertain the kids . Enjoy a delicious barbecue set amongst tranquil surrounds.
Accommodation is easy with their range of open plan, one, two or three bedroom units, sleeping from two to 10 people - there is something that is right for everyone. Their large conference centre is the perfect place to meet for large groups and family gatherings. All cabins have reverse-cycle air conditioning.
Caravanners can choose from a shady slab site, drive-thru site or enjoy the convenience of an ensuite site. At BIG4 Toowoomba Garden City Holiday Park, you'll find everything you need to ensure an enjoyable and comfortable stay.
The popular 3 Berth Cottage is smaller in space but big in value with a massive king bed and one single bed ensuring that everyone will get a good night's sleep with the open plan layout creating all the space you need.
The kitchenette facilities are complete with fridge and freezer which ensures no one goes hungry. Equipped also with stove-top and microwave to enable guests to enjoy home cooked meals even on holiday! An ideal choice for smaller, travelling families!
This cottage at BIG4 Toowoomba is also a Disabled Assist Cabin with wheelchair ramp access, hand rails and shower chair in the bathroom. Car parking is also conveniently located close to the cabin.
Enjoy comfortable accommodation in the 4 Berth Cottage with all the necessities. This open plan cabin has a queen bed and one set of bunks, making it the model choice for families of four. Complete with ensuite and kitchenette facilities including stove-top, microwave and all crockery and cutlery. Some cabins featuring outdoor seating - the perfect spot to enjoy a morning coffee and chat with the neighbours. Guests will feel like this is their home away from home!
Do you prefer to have your own shower and toilet right next door to your site? Ensuite Powered Suites are exactly what you need - offering a little extra privacy and space. Fully enclosed Camp Kitchen facilities are available. Relax with a good read when you borrow a book from our free lending library. Add tantalising tastes, whilst cooking in the alfresco barbecue area, using fresh herbs from the free herb gardens overlooking the two sparkling pools.
This accommodation is perfect for an overnight stay or for close knit families in need of a holiday park close to all the sights and attractions of the Darling Downs. The four berth cabins have an ensuite bathroom, a main bedroom with a queen bed, and bunk beds separated by sliding doors. These cabin are self-contained with a kitchenette including microwave, cooktop, cutlery and crockery. All weather types are catered for with the comfort of a reverse cycle air conditioner. Some cabins feature an outdoor seating area overlooking our landscaped gardens.
These affordable cabins, sleeping up to four people, are ideal for guests needing somewhere to stay for a work contract or for a short stay in a peaceful location. Cosy but comfortable, these cabins are open plan with kitchenette containing crockery, cutlery, stove top and microwave. Please note these cabins do not have a toilet or bathroom however, they are conveniently located close to the amenities block and the other great facilities in the Park. Keep warm in winter and cool in summer with reverse cycle air-conditioning.
Choose between a variety of powered sites featuring drive through, concrete slabs or green grass. A site to suit every caravanners needs during a travelling holiday. All sites have access to our great facilities including camp kitchen, alfresco barbecues, spotless amenities and laundry, sparkling pools and relaxing spa. Also available is a dump point facility. You will be sure to enjoy the beauty of the camping lifestyle in relaxed, tranquil surrounds .
The cosy spa villa is the perfect accommodation choice for a romantic getaway. Show off your culinary skills in the kitchenette with stove-top, microwave, crockery and cutlery. Everything you need to release your inner Masterchef! Enjoy your complimentary wine and chocolates as you soak all your worries away in the spa....because every day should be Valentine's Day! The villa has reverse cycle air conditioning for guest's comfort - with all linen provided. Spend a relaxing afternoon on the veranda overlooking the award winning gardens and sparkling pools.
These cabins can sleep up to six comfortably and feature a queen sized bed in the main bedroom and one set of bunk beds in the remaining two bedrooms. With open plan kitchenette and living area there is ample space on offer for the larger family or group. No matter what the weather outside, inside guests can enjoy the comfort of reverse cycle air conditioning. Soak up the last rays of the afternoon summer sun relaxing on the veranda.
These cabins, set amongst our award winning gardens, are great for families, three couples holidaying together, or for a family of four including Nanna and Pop too!
The eight berth cabins feature a queen sized bed in the main bedroom, a queen bed in the second bedroom that can easily be split into two singles, and two sets of bunks in the third bedroom. Guests can be assured of comfort in winter or summer with reverse cycle air conditioning. The open plan kitchenette, dining/ living area affords plenty of seating for every member of the family or group. Cook up a storm in the kitchen, then enjoy a relaxing alfresco meal on the veranda.
If you've got a full house then the spacious and comfortable Three Bedroom 10 Berth Cabin is for you. Being the largest in the accommodation range, it is the perfect choice for big family holidays or visiting groups. The three bedrooms are separate from the living area, so everyone has their own privacy. With the added convenience of two bathrooms, everyone will be happy! With reverse cycle air conditioning, enjoy comfort no matter what the season . With open plan kitchenette, dining/living area, you will feel like this is your home away from home.
The main bedroom features a queen bed, and the second has 1 set of bunk beds for the kids. Perfect for the family of four. Cook up a storm in the kitchen or on the nearby barbecues, and enjoy a family dinner on the deck overlooking the beautiful gardens. Watch your favourite television show or movie on the flatscreen television. DVD Player provided as well. Warm in winter and cool in summer, guests enjoy the added comfort of reverse cycle air conditioning. With all linen provided as well, all the essentials are taken care of.
These cabins are perfect to come back to after a day discovering Toowoomba and can sleep up to six people so there's plenty of room for Mum, Dad and up to four children. Ideal also for a group of friends enjoying a weekend away. Featuring a queen bed in the main bedroom and two sets of bunk beds in the second bedroom. Enjoy your morning coffee, or alfresco evening meal, on the deck. Features include reverse cycle air-conditioning, kitchenette with stove-top, microwave, crockery and cutlery and all linen is provided.
This cosy One Bedroom Cabin sleeps five and features a double bed in the living area and a double/single bunk in the bedroom. Included in the kitchenette is a bar fridge and mini freezer to fit all the daily essentials, as well as a stove-top, microwave, crockery and cutlery. Featuring reverse cycle air conditioning, and with all linen supplied, guests will be comfortable in all weather conditions.
The One Bedroom Six Berth Cabin is perfect for friends or families travelling together and is also a Disabled Assist Cabin with ramp access and parking alongside. For convenience, the bathroom is wheelchair accessible with handrails and shower chair. Guests can enjoy the comfort of a king sized bed in the living room with 2 sets of bunk beds in the bedroom - so once the kids go to sleep, the parents can stay up late without disturbing little ones. With kitchenette and reverse cycle air-conditioning, this cabin is the perfect choice for your next Toowoomba getaway.
These brand new, cosy and comfortable Ensuite Cabins have everything a couple or a single person needs for a quick stopover or a few nights stay here in Toowoomba. There's a comfortable double bed, table for two, kitchenette and ensuite bathroom. Perfect for business travellers needing somewhere peaceful and quiet to stay. To keep cool in Summer and cosy warm in Winter, these cabins also offer reverse cycle air-conditioning.
If activities are dominating your budget, then the great value Ensuite Cabins here at BIG4 Toowoomba are just what you're looking for with open plan living featuring a double bed, bunk beds, kitchen facilities, small fridge and television.
This cabin provides you with everything you need and more and is ideal for a quick stop over or for creating memories in intriguing Toowoomba. The open plan layout features a double bed, bunk beds, a kitchenette, television and DVD-Player. For warm Summer days or cool Winter evenings, guests will stay comfortable with reverse cycle air conditioning. Also offering outdoor seating to enjoy a morning coffee or just to relax with a good book from our small lending library!
Note: Information on listed products and services are provided by the operator and were correct at the time of publishing. Rates are indicative based on the minimum and maximum available prices of products and services. Please visit the operator's website for further information. All prices quoted are in Australian dollars (AUD).


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|Franklin Advisers, Inc.
|Franklin Templeton Fund Information
|(800) 342-5236
San Mateo, CA, April 17, 2014 — Franklin Universal Trust [NYSE:FT], a closed-end investment company managed by Franklin Advisers, Inc., announced today a dividend of $0.0395 per share, payable May 15, 2014, to shareholders of record on April 30, 2014 (Ex-Dividend Date: April 28, 2014).
You may request a copy of the Fund's current Report to Shareholders by contacting Franklin Templeton's Fund Information Department at 1-800/DIAL BEN® (1-800-342-5236) or by visiting franklintempleton.com. All investments involve risks, including possible loss of principal. Bond prices generally move in the opposite direction of interest rates. As the prices of bonds in a fund adjust to a rise in interest rates, the fund's share price may decline. Investments in lower-rated bonds include higher risk of default and loss of principal. Stock prices fluctuate, sometimes rapidly and dramatically, due to factors affecting individual companies, particular industries or sectors, or general market conditions. In addition to other factors, securities issued by utility companies have historically been sensitive to interest rate changes. When interest rates fall, utility securities prices, and thus a utilities fund's share price, tend to rise; when interest rates rise, their prices generally fall. The Fund is actively managed but there is no guarantee that the manager's investment decisions will produce the desired results. For portfolio management discussions, including information regarding the Fund's investment strategies, please view the most recent Annual or Semi-Annual Report to Shareholders which can be found at franklintempleton.com or sec.gov.
Franklin Advisers, Inc. is a wholly owned subsidiary of Franklin Resources, Inc. [NYSE:BEN], a global investment management organization operating as Franklin Templeton Investments. Franklin Templeton Investments provides global and domestic investment management solutions managed by its Franklin, Templeton, Mutual Series, Bissett, Fiduciary Trust, Darby, Balanced Equity Management and K2 investment teams. The San Mateo, CA–based company has more than 65 years of investment experience and over $886 billion in assets under management as of March 31, 2014. For more information, please call 1-800/DIAL BEN® or visit franklintempleton.com.