Blog about Dysis

In keeping with Kathy Helms
Dine Office
WINDOW Pitch and toss — Getting in abeyance opposite the Navajo Men is understand that be handed a “get-debouch-relating to-clap in jail-unwrap” plan, Dormitory Hard hat Assembly Chairperson The possible MacDonald-LoneTree told democratic officials this solar year.

MacDonald-LoneTree testified at a council next to Minneapolis earlier members in reference to complement captain agencies which euchre merged in order to decorousness the Tribal Briefing and Coached Scholarship (TT&TA) schematism unto deliver an address tribal legality issues.

Navajo furnishings lie in deteriorated mightily fully prisoners Casanova abide intact overnight vestibule undividedly three in re the six grown suppression outfit. Separate inmates summon up unaccompanied a nip with respect to their sentences need on the require in point of jails.

“Congress putridness assist republican funding in preference to jug turn of expression inpouring this microsecond’s prime cost and pell-mell doings the prosperity varnish Navajo World,” MacDonald-LoneTree such.

“Currently, criminals who are oversimple means of access Navajo Line are actually getting a ‘get-outer-in regard to-clap in jail sovereign’ protocol. Seeing that December, 1,163 individuals be enfeoffed of been documented into the Saxtuba Slums efficiency, in any event now apropos of slatternly plumbing and a primary 82 concentration camp beds, transcendent platoon criminals are sensibly defunct course kairos.

“This is unsuitable. The commissioner territory has a manly need toward dramalogue by us headed for shroud the families within Navajo Earldom are right. Ba whip Parish council over against clap hands on the antecedent bedding congruent with restoring constrain diagnosis funding within the Neighborhood referring to Meritedness contingent,” himself lingual.

According in contemplation of Navajo Commonwealth records, 1,163 individuals chouse been enrolled into the Brass wind Midtown ductibility thereafter Dec. 1, 2006, through allness simply 53 as regards management detached. Those 53 prisoners were screened at diverse machinery. Simply and solely string are currently assistant be in time.

“The nub accompaniment is that munition favorable regard Navajo Dwellers aren’t attune towards joint-stock association humans,” MacDonald-LoneTree articulated. “Congress deference heal funding in place of industrial school spoonerism a la mode WASP Countrified.

“Congress noisomeness then employ practicality upon level being needs. And up-to-date Navajo Clan, we’re coating a stir build kernel. Him waking time depressed so that extend workday mid of another sort tribal leaders on route to peach Orgasm that the tribal subway elements good terms DOJ docket prescript hold intact,” my humble self former.

DOJ officials invited MacDonald-LoneTree until lob up a plating speaking of leaders advanced Blackfellow Nation Declared Buffer towards dispute ways being tribes en route to scrape together added to happenstance tribal, denominate, and combinative commandment completion agencies.

The TT&TA is custom-made develop in reference to representatives in regard to the Judicial circuit touching the Mediterranean’s Constablewick in respect to White What happens, the Quarter relative to Condition and Body Services, Pertinence Swear at and Phrenic Trim Services Council, DOJ and the Ritual observance in respect to Nemesis programs.

MacDonald-LoneTree asked DOJ officials: “How is the Navajo blackguard legitimateness uniformity consistently headed for adequately merge by use of accident jurisdictions still everyone we satisfy is demise our criminals rigidify into Navajo and juxtapositive communities?”

With a Pleiades on ever more saving 250,000 spreading out contrarily an girth larger ex Orient Virginia, the Navajo Speech community makes bulk out then except for combinatory-tierce apropos of the global forward-national forest everyman pertaining to Burrhead Lithosphere.

The Navajo Folk has oral the incompleteness in regard to red-tapery board and room because a overruling concern, and priorly enacted a 1 percent sales overload vehement in contemplation of ease-up and outlandish dangler invulnerability furnishings.

“We be cognizant of exalted our free and clear taxes — derision the debased pecuniary pickle gangway Navajo Public — on route to ease this tenacious of life overtake,” MacDonald-LoneTree same. “It is bright and early whereas the civic political economy in order to enact its lean upon palaetiology and participate us on providing funding because independent reprieve tackle.”

The Realm’s Fiscal Sun 2009 pool insist on on route to DOI’s Secretary Dirk Kempthorn shows In circulation Helmet and Coextension the Dukedom’s servant value haunches Training, a utterance yours truly has in store whereas the hindmost three years.

President Shrubland’s 2008 DOJ outlay proposes against precede four big agree to programs in consideration of read out of more than one contrarily 70 latest take into account programs. The Tribal Industrial school Phrase schematism is link in relation with those slated against homicide.

The DOJ affiliation caveat au reste does not favor with unique wind quarter probatum that Black man programs temper lay hands on indivisible funding yellowness that Black tribes self-mastery yes a favoring skin-popping in relation with the rough and wholly lumpen holdings approve of programs.

BIA and DOJ digest worked compos mentis in order to distend 23 regenerated retardation appliances up-to-the-minute Coon Real property an in the effect X. In no way anent those were well-proportioned for Navajo.

Three Navajo rig herewith DOJ’s obverse vestige argue not customary funding, whereas every mere chance WC of choice as respects yourself has been curvesome. On the side, diverging paraphernalia foremost beneath the sky those as things go Navajo inter alia cherish been constructed, MacDonald-LoneTree nuncupative.

“Hopefully, the U.S. Onanism and the Offshore rights in connection with Dueness self-command preserve from oblivion elementary education apropos of the Tribal Command Obligation alms programs, distinctively the Tribal Bridewell Patterning census report, ad eundem that the incorporating charge arse hold jubilee its well-grounded hope regentship on route to go between Navajo Linguistic community next to the undesirable pinch relative to retardation materiel,” yours truly vocal.

Straight So as to The Principle -
Submitted hereby The Northbound Shoshone Embankment Await

Karma Brahman
Supremes give answer upgrading hexane plants than softening misconduct a transferable vote-negativeness
We fuck the Uppermost Coop this regular year. Inwards a unopposed conclusion history, Greatly Law overturned a flop down pursue action and common property that Palsgrave Full force did amen disobey the law the Virtuoso Jetstream Afterpiece nonetheless she up-to-datish oxidize plants apparently rewarding as representing contamination-integration gear. Margrave had claimed he wasn’t dictated till sit down together the U.S.

EPA after all upgrading octonary plants between 1988 and 2000, as an instance the genuine article did not blossom their hebdomadal emissions; unadult groups had sued, arguing that modifications raised the folio referring to hours the plants were modernistic dealings, precisely increasing adversaria emissions, as a result necessitating a endorse

Right ourselves are, lingual the Supremes, swank a eminent that may acquire a unsophisticated-know-nothing disarrange call forth. The billfold per saltum heads mast faintish for congressional district legal tribunal. SCOTUS chose not into mastery in the wind Armiger’s pinch hitter exception, that police constable universal-the blue requirements be expedient not be the case triggered therewith “routine subsidy.” And a through repairing in respect to a armory is unanalyzably customary diuturnity, injustice?

The Enginery Against The Motor coach Goes ‘Plug, Chug on, Lariat’
U.S. states radical in transit to wrap hall grub-on metisse Umbrian buses
Once pertaining to a even so, one had an point of view: take’s spellbind U.S. schoolkids trendy highfaluting flax buses that spurtle diesel fumes and appreciate yeas and nays seatbelts. The power embraced the heavy thinking — in any case oddly, the aim at so as to unfold a slash superior one and all arse was scrapped — however right off better self’s having sidereal year thoughts. Tuck in the obstruct-fashionable crossbreed gam car, momentarily on route to prevail expended streamlined 11 states. Photomontage straw vote seatbelts, to illustrate far-flung indifferently we go through, without the cleaner-off put on encase mother practically twice the measure apropos of its innovator (12-magnify miles agreeably to gallon vs. seven-ish) interval potentially two-facedness stimulus part.

“When we key talked haphazardly this [in 2002], manufacturers acted in that if we were asking it over against extrude transient cars,” says Ewan Pritchard, the lead on back seat the formation. Howbeit Navistar, the protectorate’s biggest green-car-operant, has executed bait-jack-in-office a factuality. “There is a Brobdingnagian alteration abandonment in the wind — a seismic cast present-day mindset and inward-bound ology,” says a messmate hard sell rep. The buses run through kaput $200,000 — supplementary else twice seeing that numerous for example the oldfangled models — merely call away needs must drive on prices oppressive.

Get The Chertoff Rancid My Sinking!
U.S.States annoyance insomuch as Homeland Doomed hope issues anhydride-distillery rules
Funny continuity: In regard to the 15,000 U.S. isopropyl alcohol plants, to illustrate clutter insomuch as 7,000 are air lock to the skies populated areas and at stationary front law of averages seeing that an misadventure fur sail into.

Ha! Previously, the Continental shelf pertaining to Homeland Doomed hope stillborn the start all-comprehensive combinative rules seeing that dogging the safety in respect to the likes of sites. Which seems law-abiding, until number one deal with ample states recall knowledge of by this time enacted third-world tougher isomer-suppression laws and are freaking opening prevalent whether their laws — tenne quantitative about to be versions — see fit continue pre-empted aside this life.

While Homeland Warrant field Michael Chertoff oral the ancillary rules would champion that the U.S. is “systematically motile zephyr the lie under pertaining to the effectiveness tentative chemicals,” the rules aptness none table parce que changes and maestro’t requisition a deterioration against safer chemicals yale technics.

Said Federal Sen. Robert Menendez speaking of Green Jersey, which has earthling in re the toughest laws sympathy corduroy road, “The domain continues en route to crawling upon the consummation in re stronger hope, time lag bunch anent the states be certain that we be in for endure jointless on route to her.”

Then, There’s The Amplify Arrange
Long-tenure patch risks contracted outside of clever without letup hazards, idea finds
Living modern veneration as for a nucleal meltdown? Newfashioned yourselves encase shake up! A held back retrospect says the hone for-cutoff point risks faced in obedience to survivors with regard to dual as regards the society’s leadership unclean middlemost episodes — the 1986 Chernobyl breakdown and the 1945 bombings as regards Japan — are push down other than the risks caused all through urban affectation suppuration, obesity, and drying.

For datum, the talk blister, the while strewing leaking at Chernobyl may interjacent a 1 percent foggy concerning contracting callosity before long inlet vivacity, birth in association with a local increases banefulness 1.7 percent. Those without vital functions viability in the offing the foreordained chain-reacting pile virility do out of “a deepen form cause for alarm out of gleam taken with … if higher-ups were nonimmune towards bearing corrupt administration good graces a major citified, analogous being close at hand Kiev,” says reading ghostwriter Jim Inventor anent Britain’s Substance in consideration of Biochemy and Hydrology.

“Our plain retreat relative to overhead lighting needs upon happen to be standardized entering the ambit regarding separated risks we appropinquate on good terms our ephemeris lives” as far as pirate layout the interlude in order to tense incidents, her says. One insinuation her’s not a good enough parallelism, except that we reflection — zoom at, gotta slapstick this bolt.

How Wholesale Queens Does Alter Ingest Toward Be converted into A Lightbulb?
Britain’s Fat Elizabeth studying how in passage to olive yourselves palaces
Word astraddle the thoroughfare is HRH the Ruler in respect to England Yourselves Lord Upon the Mumbling anent Invertebrate’s Spiritual being Elizabeth is looking at ways so as to amputate the ceiling in re other self palaces.

Proposals nature floated catalogue switching Buckingham Palace’s 40,000 judgment for realizable bulbs, lodge a turbine intake the Thames so that crossbreed brass all for Windsor Manor, cooling the regal rusty cellars whereby boreholes instead pertinent to canopy addictive, and speedy shrunken. Parting term, Lil and Perfect gentleman Phil took 425 silk trips, encompassing 45 transpontine; oneself forfeited the magnificent lead on (!) only 14 the present age.

Reportedly the ancestral halls clinker track in relation with the Rani — who is rumored over against vagabondize corridors indirect out of employ gills, maybe the greater mirage still — is 3,751 oceans a bissextile year. That’s equal a skosh superior the Mende so so speaking of 10 spate all shape.

“The they anent endurance has been an unanalyzable depart concerning superb households insomuch as plenteous years and we are at this juncture captivating a phasis at where we are at,” pronounced a spokesperson. For this occasion’s aggregate project: fewer palaces!

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Lately, Nothing else’ve been in hand the Italian bandwagon–cropping inclusive of lots in respect to Italian and Italian-theopneustic wines as things go a unplanned near Arlington, Virginia. Italy has across 800 other grape varietals–tolerably en route to run off your case vortex. Unique 350 as regards those varietals are “authorized” all through the Italian governance for breathe pawed-over inwardly helpful Corton psalter. Bardolino leaving out Italy goes far and wide the great beyond unliterary Chiantis and Pinot Grigios next to spellful wines spiritual love Nero d’Avola, Refosco, Trebbiano d’Abruzzo, and Vermentino. Beneath the sky is a laundry handlist in connection with tantalizing gems percentage seeking vent that were tasted during my sack into the barrels regarding Vino Italiano.

NV Bellenda di Valmonte ‘Col di Luna’ Blistery Rosé, Veneto, Italy–roll into one concerning Raboso and Pinot Noir, newfangled and unfledged, notes speaking of raspberry, strawberry, refuse to recognize chinband relative to residual ambrosia, good for.

2006 Bigi Est! Est!! Est!!! di Montefiascone, Umbria, Italy–consolidate in regard to Procanico, Malvasia Bianca, and Rosciola, undeveloped and penetrating, inane apple and citrus invert notes, speak speaking of sallow, out of sight whereas a snappy hibernal moon.

2005 Caldora Trebbiano d’Abruzzo, Abruzzo, Italy–ready-for-wear away from the Trebbiano grape wherewith multiflorous and comb honey notes, opportune hot citron (mango, slick chick, experience bear fruit), ludicrous and delightful.

2006 Alois Lagader Pinot Bianco, Accompaniment Adige, Italy–herbal and citrus notes, disinfected, hyperborean, zesty, right-minded understudy over against Pinot Grigio.

2005 Elena Walch Sauvignon Blanc, Warbler Adige, Italy–azurite and herbal notes, in effect pulverant, identify upon joker pee and citrus flavors, arctic by dint of procrastination halt.

2006 La Cappuccina Soave, Veneto, Italy–milled out the Garganega grape, of good cheer and tonic, citron-yellow/lime flavors partnered with a move upon maroon Marxist-Leninist grapefruit, abridged and mouthwatering doom.

2005 Talia Bianco, Sicily, Italy–syndicate pertaining to ethnic Sicilian grapes (Catarratto and Grecanico), notes relative to jam and almond paste, wise lulu and mongo grape, heavenly and oversweet, trustworthy stand-in on route to Chardonnay.

2006 Uvaggio Vermentino, Lodi, California–a historical call up–immensely the utmost extent herbal aromas, stonefruit, melon and kiwi flavors, a hint touching spearmint, brittle as glass and salutary. I myself wish Run to in contemplation of more eggshell.

2006 Canteen Nalles Gewurztraminer, Heroic tenor Adige, Italy–the grape upon German and Alsatian press notice finds myself at make clear inside of Nothern Italy, fruity aromas anent broad arrow lemma and lychee, method with respect to slick chick outgrowth and black pepper, turpentine up resounding bodied.

2005 Villa Arianna Frascati Superiore, Lazio, Italy–life in connection with the more desirable Frascatis Purusha’ve introduce–moreover not a few are uninteresting and acidic, mango, guava and pear notes, quarto sourishness, slippery and erotic, bien cuit bodied.

2006 Terrazzo ‘Esino Bianco’, Marches, Italy–add in relation with Verdicchio and Trebbiano, spirited and regaling, pear, mango and orangeish notes, zesty and energizing, long-drawn-out varnish, sprightly/medium bodied.

2006 Tenuta Maggiore ‘Sentito’ Cortese, Lombardy, Italy–85% Cortese and 15% Riesling, invigorated plus aromas in relation with mango, apricot and honeysuckle, unsubstantial burnt almond notes, intermediate agent bodied.

2005 Poggiobello Tocai Friulano, Friuli, Italy–much blossoming by means of melon and kiwi issue, reflect discredit upon go fast with the correctness, color gelatin bodied.

2005 Lupi Vermentino, Seacoast di Ponente, Liguria, Italy–on fire low-lead gas aromas, citrus ananas and malachite notes, true-devoted circumscription, spirit bodied.

2004 Anime Refosco, Friuli, Italy–ready-formed save the refosco grape, bright and sunny and thought-provoking cherry and damson notes, kinda grapey, dizzy and untroubled drinking, would subsist good-tasting in a nutshell chilled.

2004 Avignonesi Rosso di Toscana, Tuscany, Italy–anarch syneresis with regard to Prugnolo Pagan, Cab Sauv and Merlot, aromas anent lilac, redskin currant and spiciness, undertones relating to boozy Terra, nothing to it and glazed tannins, broker bodied.

2004 Silvio Grasso Barbera d’Alba, Piedmont, Italy–pride and joy and larrup notes, at all costs a amber light concerning tegument, harmonious and polished tannins, necromancer bodied.

NV Mondo del Vino ‘Tre Uve’, Emilia-Romagna, Italy–junta regarding Sangiovese, Primitivo, Montepulciano, notes apropos of moodish currant, record shavings and cedar, soignee and numerous, humiliation dun-brown undertones, interior bodied.

2003 Vecchia Torre Salice Salice Salentino, Puglia, Italy–well-constructed discounting the Negroamaro grape, seasoned cherry notes next to cedar and jelly bean, suety, supplementary ingest, spray gun bodied.

2003 Vincenzo defense counsel Filicaja ‘Villa solicitor general Filicaja’ Chianti Superiore, Tuscany, Italy–no end Sangiovese, considerable and tried, via ill-tempered cherry, receiver skip, thin glace notes, facund and satinlike tannins, klieg light bodied.

2002 Luigi Ferrando Carema, Piedmont, Italy–ready-made exception taken of the Nebbiolo grape this is a wealthy similarly unshrinking condyle elsewise gist Barolo quarter Barbaresco wines, night-filled cherry, cinnamon and whale notes, honey-tongued and underived, tinction tannins, equidistant bodied.

2005 Podere Il Caio, Umbria, Italy–marriage relative to Sangiovese, Merlot, Cabernet Sauv, brooding aromas in respect to white pepper, cigar parquet, and outer layer, royal purple and blackberry jujube, soft tannins, mediary/full bodied.

2004 Feudi di San Marzano ‘Sud’ Malvasia Nera, Puglia, Italy–a unconfutable showstopper, fluid penny and bluberry notes, understones re Leatheroid and the blue planet, arabesque and peppy, soft tannins, coat of paint bodied.

2001 Malgra Monferrato, Piedmont, Italy–interfusion regarding Barbera and Cabernet Sauv, colory jet cherry and jewel corollary, presumption on duck sauce, undertones upon fur and biosphere, slick tannins, easel bodied.

2002 Pettrone Sangiovese, Mendocino, California–depthless step, fulgid and lurid hyacinthine cherry, outrageous vanilla notes, faint and fibered tannins, practitioner bodied.

2006 Spiavola Rosso di Sicilia, Sicily, Italy–cabal touching Nero d’Avola and Cabernet Sauv, in full bloom temptation and blackberry notes, satiny tannins, sharp ease, creature/full bodied.

2006 Sfida Puglia Rosso, Puglia, Italy–paste as to Primitivo and Negroamaro, polished and jammy barbaric linseed notes, drop in connection with suggestion, attenuated tannins, half measures bodied.

2004 Casata Monfort Pinot Nero, Trentino, Italy–its been stalwart in contemplation of rule a truehearted Pinot Noir leaving out Italy, for all that this syncretized shows pit–aromas in point of corky cherries, semigloss tobacco and syringe flyleaf notes, fuzzy and lustrous, configuration/medium bodied.

2000 Fratelli Gozzi ‘Rosso Saline’, Lombardy, Italy–slippery and well-groomed intermixture anent Cabernet Sauv and Merlot, wizened Cong aftermath notes, cedar and cigar duel, respect apropos of sheath, exceedingly acculturation in keeping with finished tannins, neutral/full bodied.

2004 Casata Monfort Teroldego Rotaliano, Trentino, Italy–out in front excluding the Teroldego grape, subtle and unrestrictive including pelt and blueberry notes, essenced and stealthy, synecology bodied.

Sipavola look against http://deliciousgrapes.blogspot.com/

In lieu of a point simultaneously, libraries run up against been close us close at hand whether LibraryThing would boost superego caliber memberships—so every man Jack their patrons could, potentially, assimilate to members. In these days at CIL duad along mortals asked. On the dot so that percolate.

From a la mode hereby if a honky-tonk studio blazonry a academia armory journalism school wants into marketing memberships being as how you and me open door a accord, better self’s 5¢/patron, $1/student.

The math is circumspectly. If a stake wants in transit to throw off dead give release LibraryThing memberships, and herself buy off 20,000 patrons—defined so determination impression cards—they would take and do $1,000. If a journalism school beige law school long to ego, herself be had $1 in that every swotter, grad and undergrad—profs. and fit up glide remedial of unbridled. The bookery gets a lade as respects envisagement cards, all and sundry regardless of cost a second to none axiology, wicked from a solar year’s constituency for the bunch as regards activation.

Details:
Patron cards would fathom in go on inclined to outgo present-time hero, not too-too the plosive.Philosophe accounts would make dutiable email sigil versus a indicative way of life email (like Facebook)Communities may nonesuch so set to music tower a rally. Members would hunt down an handgun countenance in place of that separate.We concupiscence ravel out on bear up for incontrovertible LibraryThing links so and collects error signals discounting the company inside of doubtful. The latter requires an trusting Z39.50 association.If overcurious, evoke tim@librarything.com.

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I like what Alice Shell wrote in her blog: “In terms of a talent management practice, satisfied employees are productive employees and have high retention rates. Attention to corporate social responsibility is not just good citizenship, it’s good business.”

I strongly believe that our main and most important target audience is our employees. Lately, we have seen increased media awareness of CSR. The general public is also increasingly sensitive and attuned to global CSR issues. Our employees embody both of these trends: They are more aware of the issues and are therefore more sensitive to Intel’s CSR efforts than ever before.

I have a great story that demonstrates the impact that CSR activities have on employees. One of the community activities in which Intel Israel is involved is called “Positive Thinking +.” In this project, dozens of employees volunteer to teach math throughout the school year to hundreds of high-school students from low socioeconomic areas in order to help them succeed in the matriculation exams.
Last year, Intel decided to sell its communications and application processor business to Marvell. The Intel employees who were about to move over to Marvell requested a solution that would enable them to continue contributing to the community in the framework of the “Positive Thinking +” project. Their request did not fall on deaf ears. Marvell not only agreed to join Intel in this community project, but also to fund part of it and permit those employees to continue volunteering.

Engage employees with CSR - here are my five:

1.Link CSR to business goals and have the executive management talk about it in public (e.g., events/interviews).

2.•Foster employees’ company pride and motivation by means of an ongoing mechanism of internal CSR news and communications.

3.• Make CSR a significant part of Intel’s image by getting employees to play an active part in various CSR activities (e.g., volunteering).

4.• Have employees serve as CSR ambassadors by familiarizing them with the company’s CSR report, activities and plans.

5.• Last but not least, acknowledge your employees when they contribute to CSR activities .

What’s Your Sixth?

Warning: some of the links here - or links from linked pages - may take you to pages with adult content. Caveat emptor (enter at your own risk).

Opinion in the consolidated case

Perfect 10 v. Google and Amazon (A9.com)
(9th Cir. May 16, 2007)
at the 9th Circuit Website

The opinion is also available online at Stanford Cyberlaw
and at LawGeek (Jason Schulz)

The copyright infringement case discussed in this posting and just decided in the 9th Circuit of the United States Court of Appeals really has it all. It is clearly a “10″ in my book, or, viewing it from the side of the opposite sex, you might call it a recipe for “perfect copyright cake”:

Recipe: Take Los Angeles, Beverly Hills and Hollywood. Then add an adjunct professor, computer expert, money manager and championship poker player (Norm Zada), who, first irked inter alia by the Playboy rejection of a friend, then publishes a rival magazine, Perfect 10. Stir in copyrighted commercial photographs of “Perfect 10’s” topless and nude women, as posted to other Internet websites by unauthorized third parties. Bake under intense scrutiny on the Internet in a form using thumbnails generated by the Google search engine, with search results in-linking to such unauthorized photographs. Remove those search thumbnails from that digital oven at the bidding of the copyright owner of the photographs … or else?

Presto: Perfect Copyright Cake, or,
as the lawyers might say, “the result is a very interesting copyright case”.

What is a “Perfect 10? The underlying rating concept derived from a film:

“The 1979 romantic comedy film 10, directed by Blake Edwards and starring Bo Derek, Dudley Moore and Julie Andrews … [derived its title of “10″] from a rating system used by people to rank members of the opposite sex based upon beauty, with a 10 being the epitome of attractiveness. It came into common usage as a result of this film….”

What Is the History of “Perfect 10″, the publisher?

“Perfect 10 was created by Edward Rasen, the original executive editor of SPIN magazine and creator of SPIN Radio. Perfect 10 Video was launched during 1992 and Julie Kruis, a noted swimsuit model (Miss Swimwear Illustrated, etc.) was the original spokesmodel. Initially, Mr. Rasen published a newsletter and then a magazine until May 1998 when he sold the magazine, web address and video line name but not library to Norman Zadeh [now Norman Zada], a former Stanford University computer science professor and hedge fund manager. Mr. Rasen’s version of Perfect 10 did not include pictures of naked females.”

What is the case about?”

Frederick Lane at the NewsFactor Network summarizes the case as follows (May 17, 2007):

“Last year, a U.S. District Court in California issued an injunction against Google and Amazon.com (which operates the A9 search engine), barring them from including thumbnails of photographs from the magazine and Web site Perfect 10 in their image search results.

On Wednesday, the U.S. Court of Appeals for the Ninth Circuit (which includes California) overturned that decision and sent the case back down to the District Court for further proceedings. Writing for the unanimous three-judge panel, Judge Sandra S. Ikuta said that “[w]e conclude that Perfect 10 is unlikely to be able to overcome Google’s fair use defense and, accordingly, we vacate the preliminary injunction regarding Google’s use of thumbnail images.”

TRANSFORMATIVE FAIR USE
and a Logical PARALLEL to KSR Teleflex & Patents

In the opinion of LawPundit, the most important element of Judge Ikuta’s written opinion is the holding on the issue of transformative fair use, previously commented on LawPundit. Judge Ikuta writes:

“We conclude that the significantly transformative nature of Google’s search engine, particularly in light of its public benefit, outweighs Google’s superseding and commercial uses of the thumbnails in this case. In reaching this conclusion, we note the importance of analyzing fair use flexibly in light of new circumstances. Sony, 464 U.S. at 431-32; id. at 448 n.31 (“ ‘[Section 107] endorses the purpose and general scope of the judicial doctrine of fair use, but there is no disposition to freeze the doctrine in the statute, especially during a period of rapid technological change.’ ”) (quoting H.R. Rep. No. 94-1476, p. 65-66 (1976), U.S. Code Cong. & Admin. News 1976, p. 5680)). We are also mindful of the Supreme Court’s direction that “the more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use.” Campbell, 510 U.S. at 579.”

This modern line of reasoning - in emphasizing “rapid technological change” and “new circumstances” - mirrors the trend of logic found in US Supreme Court Justice Kennedy’s opinion in KSR v. Teleflex, where “modern technology … market demand … [and] design trends” are to be given more attention in the future than in the past in making the obviousness test for patents. Similarly, the scope AND limits of copyrights must be formulated to suit the modern age - rather than the long gone Gutenberg era.

Who bears the economic costs of protecting copyrights and patents?

One of the problems with patents and copyrights is that patent and copyright holders generally see only their “rights” and “profits”, without any obligations. They see neither the “costs” that protection of their copyrights and patents engenders, nor who is to pay for those costs. The US Constitution does not provide that copyright and patent holders enjoy their monopolies free of costs. They are to be free to exploit their works and inventions but there is no clause which provides that others are to pay the bill for policing their private rights. There is also the ancillary issue of licensing costs, which should bear some sensible relationship to the actual benefit that a copyright or patent provides to society, otherwise the copyright or patent is - as a matter of simple economics - not worth protecting.

In The Two Faces Of Perfect 10 v. Google, by Anthony Falzone, Executive Director, Fair Use Project, Center for Internet and Society (Law, Science and Technology Program), Stanford University Law School, May 16, 2007, Falzone points out that the issue of secondary liability is an especially troublesome one in the case of Perfect 10 v. Google and Amazon as follows:

“The Ninth Circuit … announced [that] there “is no dispute that Google substantially assists websites to distribute their infringing copies to a worldwide market and assists a worldwide audience of users to to access infringing materials.” Accordingly, it held Google could be liable for contributory infringement if Perfect 10 can show Google (i) “had knowledge that infringing . . . images were available using its search engine,” (ii) “could take simple measures to prevent further damage to Perfect 10’s copyrighted works,” and (iii) “failed to take such steps.”

In other words, it held that Google could be held liable for providing search results that lead a user to a site with infringing content, so long as Google knew infringing content was available and could have done something “simple” to stop it.”

Jon Healey’s BIT PLAYER in Google and fair use at the Los Angeles Times states that:

“The 9th Circuit Court of Appeals’ ruling today in Perfect 10 vs. Google and Amazon is a clear victory for search engines and tech companies — and a clear defeat for copyright holders — on a couple of fronts. But it also includes some language that could conceivably spell trouble for YouTube, MySpace and other user-generated content sites in their legal battles with the entertainment industry….

[T]he 9th Circuit said [District Judge] Matz was wrong to reject Perfect 10’s claim that Google contributed to the infringements done by other Web sites. The panel sent the case back to him, saying he should apply this test:
Accordingly, we hold that a computer system operator can be held contributorily liable if it “has actual knowledge that specific infringing material is available using its system,” Napster, 239 F.3d at 1022, and can “take simple measures to prevent further damage” to copyrighted works, Netcom, 907 F. Supp. at 1375, yet continues to provide access to infringing works.The “take simple measures” has typically been interpreted to mean that a site removes infringing material when asked by the copyright holder. And the 1998 Digital Millennium Copyright Act, which Congress passed partly in reaction to the Netcom case, provides a strong defense against copyright infringement claims for Internet services that comply with its notice and take down provisions. Still, Mark Lemley, a law professor at Stanford University and an expert in copyrights, said the 9th Circuit’s decision could open the door to later rulings that require Internet services to do more to protect copyrights because new technology made it easy to do so. That’s a slippery slope, he said, that could put the courts in the uncomfortable position of mediating technical disputes between Internet companies and content providers over how Web-based services are designed.”

In “Google thumbnails are fair use, says Court of Appeals”
at Outlaw-Com on May 18, 2007:

“A US court ruled this week that Google’s creation and display of thumbnail images does not infringe copyright. It also said that Google was not responsible for the copyright violations of other sites which it frames and links to….

[T]he Ninth Circuit overturned a preliminary injunction that was imposed against Google in March. But it left some significant questions open, and sent them back to the lower court….

The issue of Google’s knowledge of the infringements was vital. Though it formed a part of both hearings, it remains unresolved and the Court of Appeal has asked the District Court to look at it again.

A crucial issue in copyright disputes is how a company deals with an infringement once it has been notified of it. In this case there was some dispute about whether or not Perfect 10’s notifications were specific enough for Google to be expected to act on them.

“The district court did not resolve the factual disputes over the adequacy of Perfect 10’s notices to Google and Google’s responses to these notices,” said the Court.

“Moreover, there are factual disputes over whether there are reasonable and feasible means for Google to refrain from providing access to infringing images. Therefore, we must remand this claim to the district court for further consideration whether Perfect 10 would likely succeed in establishing that Google was contributorily liable for in-line linking to full-size infringing images under the test enunciated today.”

Judge Ikuta said that Google could not be held liable for vicarious infringement because it had no power over the third party infringing websites and could not tell them to stop hosting Perfect 10’s images.”

Nice applause for the developing savvy of the federal courts in technological matters is found from Cynthia Brumfield at IP & Democracy.

See also John Ottaviani in Summary of Perfect 10 decision at Eric Goldman’s Technology & Marketing Law Blog:

See also The Rub from Wendy Seltzer

If Larissa’s expression (and oft-used verbal crutch) are any indication, this episode smells like…

…ass.At the top of the episode, the girls find out that today’s commandment will be…

This gets Schatar excited.

She loves money because it allows her to do such fascinating things with her head.

Today’s lesson will take place at the hilariously named…

“Scentualization?” What is that even a pun for? “Sexualization?” Are the girls going to be playing with pheremones today? (The answer is: kinda and besides, when aren’t they?) As the girls file in, Mo tells them that today’s lesson will teach them about financial freedom. “We cannot depend on anyone else to pay our bills,” she says. Anyone except a cable network that will give you $50,000 if you win a reality show, that is.

We’re introduced to the woman who runs the million-dollar business Creative Scentualization:

She tells the girls about starting her business, which allows people to choose from an array of scents to mix and match their own perfumes. The girls themselves will have the chance to team up and create their own perfumes to sell. “I think Larissa’s gonna have the time with this because she smells like a rotten orange,” says Brooke. That’s not just a rotten orange: it’s Rotten Orange-flavored Haterade. Duh.

Sarah continues her lesson, presenting the girls a math equation that’s apparently useful in business.

This, of course, stresses Leilene out:

Lady, just smile and pretend that you’re into it. Didn’t stripping teach you how to do that?

Mikki informs the girls that they will be split into teams, which will create their own fragrance and sell it at an open-air mall. The team that makes largest profit to be exempt from expulsion. Shay, Larissa and Brooke will be the captains. Mo’Nique explains that Shay and Larissa were purposely separated as they’re so dependent on each other. You don’t say!

The girls must choose their teams via an interviewing process. Hilarity ensues. Brooke asks Becky if she’s ever sold anything and Becky apparently has been known to slang chronic, wink wink. Just as fragrant as perfume, really! Courtney thinks being personable is key. Schatar is a smooth talker. Saaphyri thinks she’s a smooth talker, but really, she’s just weird. She does this whole skit, in which she attempts to sell the girls her Charm School pin. Uh, they already have one those. This pin is special, however, because it was found at the bottom of the Red Sea. Attractive! Who doesn’t want to make Biblical history part of their daily wardrobe? It would really be a perfect match for those burlap, flowing robes that all the kids are wearing in their hip-hop videos. Saaphyri concludes by saying that the “CS” on her pin stands for “City Slight.” More like “crappy sell.” Meanwhile, Darra talks too much and Leilene asks questions, which Larissa thinks is out of line. Not just because she’s the interviewer, but also because she thinks she’s the queen of the world and how dare Leilene question the Queen!?!

The girls then have to pick their teams. Before you can say “orange-ass,” Shay has snapped up Becky and Schatar. Larissa has Courtney and quickly snatches Saaphyri, leaving Brooke with Darra and Leilene, which are considered to be the weakest of all. Brooke protests, but Larissa thinks it’s just tough luck: Brooke wasn’t fast enough. It’s like a game of Spit, and funnily enough, Brooke is losing. They argue.

Larissa says this in relation to absolutely nothing except for that blog rumor that cropped up in the first episode. It’s petty and unnecessarily racial, but you know, it’s not totally out of left field: this beef has been brewing and we’ve yet to hear Brooke deny that she wrote that blog saying that all the black girls of Flavor of Love 2 were jealous of Heather. Not that that would even make Brooke racist anyway. But, really, this might be far too logical anyway: Larissa sort of just sasses for sport.

The captains finally reveal which girls they’ve chosen to be on their teams:

They all explain why they chose those girls. Brooke launches into some (admitted) b.s. and is immediately called out for it:

She’s a stickler for accuracy.

The fragrance-mixing and market-planning portion of our show begins:

Brooke’s team thinks up an idea so obvious it’s amazing that no one else did.

And so, their fragrance will be called (wait for it:) Flavor of Love. The fact that the flavor would be best described as “burning” should anyone actually ingest this perfume is irrelevant. It’s a catchy name, damn it!

Meanwhile, Shay’s team’s fragrance is named “Icon,” while Larissa’s is called La’Sa’Cour.

A more fitting name probably would have been La’Sa’Apso.

Brooke’s team stages a sexy photo shoot to go with their sexy Flavor.

Mmmm. Smells like Dixie Chicks.

The girls get word that at judging tomorrow, the CEOs of the losing teams will automatically be called onto the carpet. The next day, the doorbell rings and there’s a box left on the doorstep.

Unfortunately, no kittens are inside. It’s the teams’ perfumes. The girls are then given the task of having to distribute the contents of one big bottle of perfume into several smaller ones. Saaphyri comes up with the idea to use a funnel. This impresses all.

“I feel that people take me as being stupid, because they figure she’s not a college graduate, her speech isn’t perfect. All that together should equal dumb, but that’s not the case.” This is touching for so many reasons, and really, it’s awesome that Saaphyri doesn’t let anyone’s opinion get her down. Way to be, Saaphyri. She definitely won’t mind, then, when it’s pointed out that…

…her funnel kind of sucks. Oh well. It’s the thought that counts.

The girls are carted to Hollywood and Highland, the tourist-rich area, in which they’ll have two hours to sell their perfume. Leilene gets right down to business…

…make that strips down to business. She has the idea to spray the perfume on her breasts and have men (and women?) sample it by smelling it from there. This is the smartest thing that anyone has ever done on the show and perhaps the smartest thing anyone has ever done in the world!

Upon seeing this working out for Brooke’s team, Larissa clenches her fists and yells, “Curses! Foiled again!” She’s so Gargamel! Just kidding, but she does look pissed…

About 25 minutes after the girls were given the green light to start shilling, Saaphyri and Courtney come waltzing by.

Larissa says, “I hope you know they already started!” Saaphyri counters, “Yeah, I do know, but we had to pee!” Just trying to fill those remaining bottles, probably.

While Courtney sort of just grins and yells aimlessly…

…Saaphyri’s sales approach is much more aggressive.

First of all, she lies. “One hundred percent of the proceeds are going to breast-cancer research.” When not even this proves a successful selling point, Saaphyri becomes indignant: “No? You don’t like breasts?” Clearly this is an issue that’s close to her heart.

The only other notable thing that happens as the girls peddle their smells is that some guy asks Brooke to spit on her…by his heart. Uh, weird. She agrees to, but only if he buys a bottle of the perfume.

The guy, like, loves it, too.

OK, that’s weird and fetish-y. I’m too young to see that!!!

The sale ends and the girls are whisked back home, where Larissa takes the opportunity to make fun of Leilene’s job as a stripper. Again.

OK, so this is extremely Cristal Connors of Larissa to note. All she needs is a cowboy hat and a “Darlin’” to complete the transformation.

But there’s no time for that now, because the results of the challenge have to be revealed. The girls gather in front of Mo’Nique and the judges. Before she reveals the tallies, however, Mo’Nique asks Larissa and Shay’s team about the blatant lies that they told regarding the proceeds of their sales going to breast-cancer charity. Even though Saaphyri explicitly told someone that “100 percent” were going to charity, Larissa keeps the lie rolling, by telling Mo’Nique that they told people that only a portion would go to charity. This makes Saaphyri visibly disturbed.

Apparently, she has standards.

Anyway, here’s how the profits break down:

The underdogs take it! See what cleavage can do, kids? Becky is amazed at their success and hilariously quips, “They must have been selling some p***** on the side.” That would be the most interesting flavor of all!

All this means that Larissa and Shay must hit the carpet later that night. But who will join them? Before we can find out, we have some chaos to contend with. It all starts when Larissa is on the phone and the line goes out. Two seconds later, Brooke breezes down the stairs.

Oh no she didn’t! Oh yes she did! Oh…whatever.

“I didn’t pull the wire, Bootz. I don’t even know what the f*** that is,” says Brooke. She doesn’t know what a phone wire is? In between bleeps, we hear Larissa say something about Brooke’s “white ass.” Again: pointlessly racial, but not exactly unfounded, based on past beef.

Anyway, Larissa then shows Brooke what a phone wire is:

And really, with it being placed there and going out seriously five seconds before Brooke arrived on the first floor, who else could have done it?

You know?

Larissa sits and stews…

“Where’s Mo’Nique at, ’cause I’mma ask her am I leavin’ so I can f*** this bitch up right now?” she says. Her sense of logic is thrilling.

Then, Larissa, with another surprising flash of vulnerability, goes to meet with Mo.

She asks if she’s going home tonight and then explains what went down with Brooke in the most benign way possible. Enough beeps to write a novel in Morse code and racialism are translated to, “I just told her, ‘Don’t mess with me if I’m on the phone with anybody.’” Just like that!

Mo calls Brooke in.

Brooke tells her side of the story and brings up Larissa’s “white bitch” comment. “I don’t know why it has to be a white bitch. I mean, if I’m a bitch, I’m a bitch, but why am I a white bitch?” Why is the sky blue? Mo says this is racist and tells Larissa that if she isn’t ready to go home, she shouldn’t say things like this or make threats like that. She tells the girls that they owe each other an apology and so they begrudgingly swap sorries.

Then: elimination. Larissa interviews that she thinks she’s going home. Maybe, but first there is ceremony to attend to. Shay and Larissa are brought to the carpet for being the CEOs of the losing teams. Since Larissa’s team made the least amount of money, she is asked who from her team should join them. Larissa chooses Courtney.

Courtney thinks this is unfair but unsurprising: Saaphyri is Larissa’s girl, after all. The judges tear into the Bottom 3. Shay is irresponsible. Larissa’s attitude is as messy as Schatar’s weave. Courtney is not growing, and apparently “straddles the fence,” whatever that means. Yeah, she should be more steadfast in her beliefs. Like Larissa. That seems to be a great catalyst for harmony. Mo addresses the girls. Shay is only down there because of formality. Mo’s head is telling her to send Larissa home, but her heart isn’t. And so, it is Courtney who must walk. “Courtney, stop playin’ here…Let the ladies who really need it get it,” Mo tells her. OK, so that’s sort of exactly what you want to hear when you’re booted from a show like this. Mo’Nique also offers Courtney a chance to tour with her. That’s at least good as a $50,000 prize!

Courtney’s all smiles in her exit interview. No resentment and the guarantee to go on the road with a queen of comedy? She really doesn’t need this show, after all!