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We live in the era of #alternativefacts, apparently, and the Erie SeaWolves (Class AA; Eastern League) are ready to seize upon those differing viewpoints on Alternative Facts Night on Friday, August 25 at UPMC Park when they host the Akron Yellow Bath Toys. Of course, the Yellow Bath Toy moniker is just an alternative way to say RubberDucks. Which is the point. From the team: On Alternative Facts Night, the SeaWolves will celebrate facts that the team knows to be true – even if some media outlets may dispute them. The first 1,000 fans in attendance will receive a 2016 replica championship ring celebrating the SeaWolves’ 2016 Eastern League title. While it was a tough decision to decide which championship to honor, the team will celebrate its most recent one. “Alternative Facts have become a part of popular culture in 2017,” SeaWolves Team President Greg Coleman said. “We plan to interject truthful hyperbole into all aspects of the game on this night from our giveaway to the between innings fun. It’s going to be huge.” SeaWolves fans are tremendous fans, the best fans. No one has better fans, and a complete and total sellout is expected on this night. While the capacity of UPMC Park is 6,000, 1.2 million fans are expected to attend. The SeaWolves’ opponent on this night may dispute the team’s 2016 title run. Very unfair. It is up to the fans, who are tremendous fans by the way, to decide. On Alternative Facts Night, one fact that will be undeniably true is that the SeaWolves will raise funds to benefit the Partnership for Erie’s Public Schools. Proceeds from in-game fundraising efforts will be donated to the local education foundation.

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Reduced heart lipid peroxidation precedes cardiac dilatation in turkeys with naturally occurring cardiomyopathy. The aim of the study was to determine if reduced heart lipid peroxidation in 1-2 month old turkeys with furazolidone induced dilated cardiomyopathy is drug related and model dependent, a non-specific characteristic of the dilated turkey heart, or if alterations of heart lipid peroxidation can occur prior to onset of cardiac dilatation, and therefore may be involved in its pathogenesis. Ventricular lipid peroxidation capacity and superoxide dismutase activity were measured in controls and in turkeys with spontaneous cardiomyopathy at various ages (newly hatched, 7-10 d, and 1-2 months) and stages of the disease. 46 turkeys with naturally occurring dilated cardiomyopathy and 29 age matched controls were used at hatch, 7-10 d, and 1-2 months of age. Heart lipid peroxidation, measured by thiobarbituric acid reactive substances (malondialdehyde), was found to be reduced not only in the dilated hearts of 1-2 months old cardiomyopathic turkeys [114(SEM 10) v 176(21) nmol.100 mg-1 protein, p = 0.023] but also in the non-dilated hearts of 9-10 day old cardiomyopathic turkeys [135(17) v 274(35) nmol.100 mg-1 protein, p = 0.004]. Ventricular superoxide dismutase activity was similar in control and cardiomyopathic turkeys at all stages and there was the expected increase with age. In control turkeys ventricular superoxide dismutase activity in 1-2 month old birds, at 718(52) nitrite units.100 mg-1 protein, was significantly higher than values in 7-10 day old turkeys [398(31) nitrite units.100 mg-1 protein, p = 0.001]. Decreased lipid peroxidation capacity is present in the dilated hearts of spontaneously cardiomyopathic turkeys. However, it is also decreased in cardiomyopathic turkeys at 9-10 d (the time of highest mortality) prior to the onset of cardiac dilatation. Therefore, alterations in heart lipid composition may be involved in the pathogenesis of this cardiomyopathy and not simply a result of the cardiac dilatation/hypertrophy process.

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Sugar Transporters in Plants: New Insights and Discoveries. Carbohydrate partitioning is the process of carbon assimilation and distribution from source tissues, such as leaves, to sink tissues, such as stems, roots and seeds. Sucrose, the primary carbohydrate transported long distance in many plant species, is loaded into the phloem and unloaded into distal sink tissues. However, many factors, both genetic and environmental, influence sucrose metabolism and transport. Therefore, understanding the function and regulation of sugar transporters and sucrose metabolic enzymes is key to improving agriculture. In this review, we highlight recent findings that (i) address the path of phloem loading of sucrose in rice and maize leaves; (ii) discuss the phloem unloading pathways in stems and roots and the sugar transporters putatively involved; (iii) describe how heat and drought stress impact carbohydrate partitioning and phloem transport; (iv) shed light on how plant pathogens hijack sugar transporters to obtain carbohydrates for pathogen survival, and how the plant employs sugar transporters to defend against pathogens; and (v) discuss novel roles for sugar transporters in plant biology. These exciting discoveries and insights provide valuable knowledge that will ultimately help mitigate the impending societal challenges due to global climate change and a growing population by improving crop yield and enhancing renewable energy production.

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818 So.2d 396 (2000) Jackie McNeal DURBIN v. Marshall B. DURBIN, Jr. 2990185. Court of Civil Appeals of Alabama. December 1, 2000. Rehearing Denied January 12, 2001. *397 Randall W. Nichols and Anne D. Lamkin of Massey & Stotser, P.C., Birmingham, for appellant. Bruce L. Gordon of Gordon, Silberman, Wiggins & Childs, P.C., Birmingham; and L. Drew Redden of Redden, Mills & Clark, Birmingham, for appellee. CRAWLEY, Judge. Jackie McNeal Durbin ("the wife") appeals from a judgment divorcing her and Marshall B. Durbin, Jr. ("the husband"). She argues that the trial court erred in its division of marital property and in its award of periodic alimony. The parties were married in 1982; they separated in 1997 and were divorced in 1999. Each had been married and divorced before. No children were born of the marriage. The wife has an adult son from her prior marriage, and the husband has two adult daughters from his prior marriage. At the time of trial, the wife was 56 years old and the husband was 68 years old. The husband is the chief executive officer and 80% majority shareholder of Marshall Durbin Food Corporation ("MDFC"). During the marriage, the husband's income was derived from a salary from MDFC, stock dividends and director's fees from Compass Bancshares, Inc. ("Compass"), and other investment income. The wife did not work outside the home during the marriage. She has a degree in elementary education from the University of Alabama; she taught school during her first marriage, but she has not taught for 30 years and has not been otherwise employed for 20 years. *398 The husband ceased drawing a salary from MDFC in April 1997 and since then has lived on his income from Compass stock dividends. The husband's income during the years the parties were married is reflected below: Other Total Gross MDFC Salary Income Income 1982 $ 65,000.00 1983 67,500.00 1984 161,538.45 1985 149,999.98 1986 399,999.98 1987 658,622.98 1988 306,957.98 1989 244,087.53 1990 300,410.00 1991 281,125.73 $391,210.27 $ 672,327.00 1992 327,326.70 339,177.30 666,504.00 1993 333,338.20 522,135.80 855,474.00 1994 310,260.20 361,887.80 672,148.00 1995 327,524.70 938,648.30 1,266,173.00 1996 313,620.00 524,915.00 838,535.00 1997 84,880.46 291,510.54 376,391.00 1998 -0- 265,629.00 265,629.00 The trial court ordered that the parties' two residences—a mortgage-free home and an adjoining lot in Mountain Brook valued at $500,000, and a lake house at Willow Point in Alexander City, valued at between $325,000 and $500,000, with an encumbrance of $229,000—be sold and the proceeds divided equally between the parties. The trial court ordered the husband to pay the remaining balance on the Willow Point note and mortgage. The wife was awarded investment and checking accounts containing approximately $530,000, a $450,000 share of the husband's 401(k) account, Compass stock worth $779,379.45, and one-half of the husband's $200,000 partnership subscription in River Capital Partners II. The wife was also awarded $4,500 per month in periodic alimony. Each party was awarded the vehicle in his or her possession as well as furniture, furnishings, personal, and household items. The husband was ordered to pay the wife an attorney fee of $145,000. He was also ordered to pay the wife's health-insurance premiums for three years pursuant to COBRA. The husband was awarded all of his interest in MDFC;[1] Compass stock worth $6,699,336; a Cessna Citation airplane worth $900,000 and a hangar at Birmingham Airport worth $100,000; investment and checking accounts containing approximately $418,000; and a 401(k) account valued (after deducting the wife's award) at approximately $900,000. In addition, the husband was awarded 200-300 acres of timberland, valued at $100,000, and stock in Marsh Foods worth $8,000, both of which were acquired before the marriage. The husband's award (exclusive of his interest in MDFC, the timberland, and the Marsh Foods stock) totals approximately $9 million, or slightly over 80%, and the wife's award totals $2.2 million, or slightly less than 20%, of the marital estate. The wife argues that the trial court's division of marital property was erroneous, because, she claims, the court incorrectly treated the husband's interest in MDFC and the Compass stock as his separate property. Our standard of review with respect to the trial court's division of marital property is well settled: "In reviewing a judgment in a divorce case in which the trial court was presented conflicting evidence ore tenus, we are governed by the ore tenus rule. Under this rule, the trial court's judgment will not be disturbed on appeal unless it is plainly and palpably wrong. Matters of property division rest soundly within the trial court's discretion and its determination regarding those matters will not be disturbed on appeal unless *399 its discretion was plainly and palpably abused." Golden v. Golden, 681 So.2d 605, 608 (Ala. Civ.App.1996) (internal citation omitted). Issues of alimony and property division must be considered together, and the trial court's judgment will not be disturbed absent a finding that it is so unsupported by the evidence that it amounts to an abuse of discretion. Parrish v. Parrish, 617 So.2d 1036 (Ala.Civ.App.1993). "A division of marital property in a divorce case does not have to be equal, only equitable, and a determination of what is equitable rests within the sound discretion of the trial court. When dividing marital property, a trial court should consider several factors, including the length of the marriage; the age and health of the parties; the future prospects of the parties; the source, type and value of the property; the standard of living to which the parties have become accustomed during the marriage; and the fault of the parties contributing to the breakup of the marriage." Golden v. Golden, 681 So.2d at 608 (internal citation omitted). "Questions of law are not subject to the ore tenus standard of review." Reed v. Board of Trustees for Alabama State Univ., 778 So.2d 791, 793 n. 2 (Ala.2000), and a trial court's conclusions on legal issues carry no presumption of correctness on appeal. Ex parte Cash, 624 So.2d 576, 577 (Ala.1993) ("[I]n ore tenus proceedings, this standard of review is applicable only to the trial court's findings of fact, not its conclusions of law"); Moore v. McNider, 551 So.2d 1028 (Ala.1989); Williams v. Nearen, 540 So.2d 1371 (Ala. 1989); League v. McDonald, 355 So.2d 695 (Ala.1978). We review de novo the application of the law to the facts. Allstate Ins. Co. v. Skelton, 675 So.2d 377, 379 (Ala. 1996). The Husband's Interest in MDFC The wife argues that the trial court erred by treating the husband's interest in MDFC as his separate property and not considering it in the division of marital assets. Section 30-2-51(a), Ala.Code 1975, provides: "If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse's family. Notwithstanding the foregoing, the judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage." (Emphasis added.) The husband acquired all of his MDFC stock by inheritance or gift from his parents before the marriage. It is undisputed that no income produced by the husband's MDFC stock was used for the common benefit of the parties during the marriage. Nevertheless, the wife argued at trial and now maintains on appeal that she was entitled to a portion of the value of the corporation, because, she insists, income produced by the corporation was "used regularly for the common benefit of the parties during their marriage." In the circuit court, the parties spent considerable time attempting to establish the value of the corporation. The husband presented expert testimony indicating that the corporation should be valued by using its "market value" or "liquidation value," rather than its "book value." Using those *400 standards, the husband's experts valued MDFC from a low of $4.5 million to a high of $8 million. The wife, on the other hand, presented expert testimony tending to show that the corporation should be judged by its "book value" and that, using that yardstick, the value of MDFC exceeded $33 million. We need not decide which of the valuation methods was appropriate because we conclude that the trial court correctly determined that the corporation was not marital property. A corporation is a separate entity, a legal being having an existence separate and distinct from that of its stockholders, officers, or directors. Krivo Indus. Supply Co. v. National Distillers & Chem. Corp., 483 F.2d 1098 (5th Cir.1973). Property representing the capital of a corporation is "owned" by the corporation and not by its shareholders. Warrior River Terminal Co. v. State, 257 Ala. 208, 58 So.2d 100 (1952). Thus, the corporate entity MDFC is not the husband's "property" for purposes of analysis under § 30-2-51(a). Instead, the husband's "property" is his stock in MDFC. It is undisputed that all of the husband's stock in MDFC was acquired by inheritance or gift prior to the marriage and that it was not used for the common benefit of the parties during the marriage. James v. James, 764 So.2d 549 (Ala.Civ. App.), reversed on other grounds, Ex parte James, 764 So.2d 557 (Ala.1999), cited by the wife in support of her contention that income from the corporation was used for the common benefit of the parties during the marriage, is distinguishable on its facts. In James, this court agreed with the wife's argument that "money from [the husband's] companies was regularly used for the benefit of the marriage." Although the specific testimony is not included in the reported opinion in James, this court takes judicial notice of its own records, see International Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers of America v. Hatas, 287 Ala. 344, 353, 252 So.2d 7, 14 (1971), and we have consulted the transcript in James in response to the wife's argument. The record in James shows that the husband regularly endorsed over to the wife large checks made payable to the husband's Subchapter S corporation; the wife then used the funds for family and household purposes. In the present case, there was no similar transfer of corporate funds. The wife argues that income produced by MDFC was used for the parties' common benefit during the marriage because MDFC paid the husband's salary and paid for other "perks," such as country-club initiation fees and dues, a skybox at the University of Alabama football stadium, and gasoline and insurance for vehicles driven by the parties. As we have explained, however, the stock in the corporation— rather than the corporation itself—is the husband's property. The husband's MDFC stock should not have been considered in the division of marital property because it is the husband's separate estate. The trial court could have found from the evidence that the husband drew a salary from MDFC and received other "perks" as additional compensation—not as a consequence of his owning stock in MDFC, but of his being employed by the corporation as its chief executive officer. The wife points out that MDFC greatly appreciated in value during the 17 years the parties were married; she contends that the amount of the appreciation is, itself, a marital asset in which she is entitled to share upon dissolution of the marriage. She cites no authority in support of her contention, and we find no *401 Alabama authority supporting it.[2] Section 30-2-51(a) states a single circumstance that, if found by the trial court, authorizes the court to treat nonmarital property as marital property, namely: when that "property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage." The trial court implicitly found that the § 30-2-51(a) circumstance was not present with respect to the husband's MDFC stock, and that finding is fully supported by the record. The Husband's Compass Bancshares Stock Before the marriage, the husband had acquired 18,016 shares of Compass stock. Over the years, those shares have increased through stock splits. At the time of trial, the husband owned 239,262 shares of Compass stock trading at $28 per share, for a total value of $6,699,336. It is undisputed that, although these Compass shares were acquired before the parties' marriage, the husband has, since 1990, deposited the dividends paid on these shares into his personal checking account. From his personal checking account, the husband has paid household bills and expenses and has given the wife a monthly expense allowance. Thus, the trial court should have considered the 239,262 shares of Compass stock as marital property because, although the stock was acquired before the marriage, the income from the stock was regularly used for the common benefit of the parties during the marriage. See Drummond v. Drummond, 785 So.2d 353 (Ala.Civ.App.1999), reversed, 785 So.2d 358 (Ala.2000); Bushnell v. Bushnell, 713 So.2d 962 (Ala.Civ.App.1997); Dees v. Dees, 390 So.2d 1060 (Ala.Civ.App.1980). During the marriage, the husband acquired additional Compass shares through his participation in a "Monthly Investment Program" or MIP plan. Under the MIP plan, the director's fees received by the husband for serving on the Compass board of directors were used to purchase additional shares of stock. The husband acquired approximately 55,670 additional shares of Compass stock through his participation in the MIP plan. According to the husband, the additional shares earned dividends, but those dividends were not deposited with the other Compass dividends into his personal checking account. The dividends on the MIP shares were, according to the husband, "left in the [MIP] plan." The Compass stock in the MIP plan was marital property because, even though the income from the stock was not used for the common benefit of the parties during the marriage, the stock itself was acquired during the marriage. The trial judge obviously determined that the Compass stock in the MIP plan was marital property, because he awarded the wife one-half of it. The trial court's judgment does not specifically state that it excluded the 239,262 shares of non-MIP Compass stock from the marital estate by virtue of § 30-2-51(a), but it does award the husband all non-MIP Compass stock. It appears that the trial court did not consider the non-MIP Compass stock in its division of marital property. If that is true, then the trial court erred in applying the law to the facts. See Drummond v. *402 Drummond, supra. The trial court's judgment makes no specific finding as to misconduct by either party or any other equitable consideration that affected its failure to award the wife a portion of the Compass stock. See, e.g., Drummond v. Drummond, supra,; Smith v. Smith, 727 So.2d 113 (Ala.Civ.App.1998). Moreover, in contrast to Drummond, in this case there was no evidence of misconduct by the wife that could have accounted for the trial court's failure to award her a more equitable share of the marital property. If the trial court did consider the non-MIP Compass stock in its division of marital property but chose, in its discretion, not to award the wife a portion of the stock (or other assets of comparable value), then we conclude that the division of property is inequitable and that the trial court abused its discretion. Id. Therefore, we reverse the judgment and remand the cause with instructions for the trial court to treat all of the husband's personal Compass stock[3] as marital property and to reconsider its division of the marital assets. Because we consider an award of alimony together with the division of marital property, Parrish v. Parrish, supra, we need not discuss the propriety of the periodic-alimony award at this time. The wife's request for an attorney fee on appeal is granted in the amount of $7,500. The husband's request for an attorney fee is denied. REVERSED AND REMANDED. YATES and THOMPSON, JJ., concur. ROBERTSON, P.J., and MONROE, J., concur in part and dissent in part. MONROE, Judge, concurring in part and dissenting in part. I would affirm the judgment of the trial court on all issues; therefore, I respectfully dissent from those parts of the majority's opinion reversing the judgment of the trial court and remanding this cause for the trial court to take further action. The majority reverses the judgment of the trial court and remands this cause for the trial court to treat all of the husband's personal Compass stock as marital property and to reconsider it in its division of the martial assets. Section 30-2-51, Ala.Code 1975, reads, in pertinent part: "(a) If either spouse has no separate estate or if it is insufficient for the maintenance of a spouse, the judge, upon granting a divorce, at his or her discretion, may order to a spouse an allowance out of the estate of the other spouse, taking into consideration the value thereof and the condition of the spouse's family. Notwithstanding the foregoing, the judge may not take into consideration any property acquired prior to the marriage of the parties or by inheritance or gift unless the judge finds from the evidence that the property, or income produced by the property, has been used regularly for the common benefit of the parties during their marriage." The majority finds that the Compass shares obtained before the marriage were used for the common benefit of the marriage. There is evidence to support this conclusion; however, I do not agree with the majority that the trial court was, therefore, required to include the Compass shares in its property division. *403 In Drummond v. Drummond, 785 So.2d 358 (Ala.2000), the Alabama Supreme Court stated that under § 30-2-51, a trial court may in certain circumstances consider inheritances or gifts when making a property division. The Court further stated: "[N]othing in the statute states that if one party's inheritance or gifts are used for the parties' common benefit then the trial judge must consider the inheritance or gifts when making the property division. In fact, the statute leaves such a determination to the discretion of the trial judge." 785 So.2d at 362. In this case, the wife was given ample assets, which totaled over $2 million. She also received $145,000 for attorney fees and $4,500 for monthly periodic alimony which is to continue until she remarries or dies. Considering these awards, I cannot say the trial court would have abused its discretion by not considering the Compass shares in its property division, if, in fact, it did not consider them. Nothing indicates that the trial court did not consider the shares in making the property division. I disagree with the majority opinion's statement that if the court did "consider the non-MIP Compass stock in its division of marital property but chose, in its discretion, not to award the wife a portion of the stock," the division of property is inequitable and the court abused its discretion. 818 So.2d at 402. In a divorce case, the division of property is an issue committed to the sound discretion of the trial court. Peck v. Peck, 581 So.2d 1119 (Ala.Civ.App.1991). Further, the trial court's judgment regarding a property division will not be disturbed on appeal unless it is shown that the trial court plainly and palpably abused its discretion or unless it is shown that the trial court's determination is clearly and obviously wrong. Peck, 581 So.2d 1119. Additionally, I note that when reviewing a trial court's judgment based upon ore tenus evidence presented in a nonjury case, this court must presume the judgment to be correct. Id. The law does not require that a property division be equal, only that it be equitable, under all the circumstances of the particular case. Edge v. Edge, 628 So.2d 634 (Ala.Civ.App.1993). The determination as to what is equitable rests within the sound discretion of the trial court. Drummond, supra. Furthermore, the fact that a property division is more favorable to one spouse than to the other does not, in and of itself, indicate an abuse of discretion. Sutton v. Sutton, 625 So.2d 817 (Ala.Civ. App.1993). Each party had children by a prior marriage, each was gainfully employed before the marriage, and each is in relatively good health. Although the wife did not work during the marriage, she has a college degree and held a teaching certificate before the marriage. The trial court awarded the wife over $2 million in assets and $4,500 in monthly alimony. After reviewing of the voluminous record, I conclude that the trial court did not plainly or palpably abuse its discretion in its division of the parties' property or in its award of alimony. The matters the wife complains of concerning periodic alimony and the division of property are matters that lie soundly within the discretion of the trial court, and its judgment on those matters will not be disturbed on appeal, except where its discretion was palpably abused. Montgomery v. Montgomery, 519 So.2d 525 (Ala.Civ.App.1987). Furthermore, even if this court would have ruled differently, absent an abuse of discretion this court has no authority to substitute its judgment for that of the trial court. Beckwith *404 v. Beckwith, 475 So.2d 575 (Ala.Civ. App.1985). ROBERTSON, P.J., concurs. NOTES [1] See the section styled "The Husband's Interest in MDFC," infra, for valuation evidence relating to MDFC. [2] Some jurisdictions have recognized that the appreciated value of a spouse's separate assets may be included in the marital estate. See, e.g., Innerbichler v. Innerbichler, 132 Md. App. 207, 752 A.2d 291 (2000); Hanaway v. Hanaway, 208 Mich.App. 278, 527 N.W.2d 792 (1995), appeal denied, 451 Mich. 874, 549 N.W.2d 565 (1996); A & L, Inc. v. Grantham, 747 So.2d 832 (Miss.1999). We note, however, that the wife's argument would be unconvincing even in those jurisdictions. [3] The husband's personal Compass stock, of course, does not include the Compass stock owned by MDFC. The corporation's 833,383 shares of Compass stock are not marital assets.

Pages Tuesday, November 29, 2011 True Valhalla : The Deep Sky weeeeeeeeeee A brief not so brief history: As far as fame goes with Game Maker users, True Valhalla is definitely one of the most prominent members, participating in a variety of other events outside the Game Maker Community. He's done Ludum Dare's, where one designs a game from scratch in 48 hours, and runs the tongue-in-cheek HowToMakeAnMMORPG.com (which, by the way, isn't a joke; it actually has some very good advice. Go check it out). His minimal style is what really makes him stand out; there are no complex shapes or designs. A number of his games (including my favorite of his creations, Volatile) feature circles or hexagons, and the atmospheres speak for themselves. But this is getting wordy, so without further ado... The Deep Sky was made in 72 hours for the most recent GMC Jam, with the theme "Laws," and placed a nice 5th place out of almost 60. Well deserved, because for the love of Christ this game is beautiful. Music is top notch, consisting of a piano piece by Debussy (Claire De Lune). Reminded me an awful lot of Blueberry Garden, which it definitely matches in quality. Graphics are nice and interface is very well done but I might as well cut to the chase; what really shines here is the minimalism. There's hardly any gameplay whatsoever but the music is so calm and the atmosphere so serene that you won't care at all when enemies are surrounding you and your health is dropping to the single-digits. It's like the boiling frog phenomenon except dying is enjoyable. The game consists of waves, where you control a circle thing that shoots circle things at other enemy circle things as they circle you and shoot circle things. There's six powerups at the bottom that aren't incredibly useful but are just sort of fun to spam. In fact, the game is extremely easy, and you can probably get far without touching any of them. Enemy design isn't particularly imaginative, nor is anything very unique or interesting. But the genius here is that it doesn't even matter; the gameplay can be slow as hell and the atmosphere and style would still make it enjoyable. As some final notes, the game is one of the most professionally made of the jam and really deserved its place. Would definitely suggest you give it a go. (Small note: Sorry for taking goddamn forever to write this, been limited on time from school and a lot of other commitments. makerofthegames, hopefully I'll be able to get yours done this weekend but no guarantees. Also both videos are done and have been done but they're horrible and I want to redo them so that might be a while. Sorry again.)

Q: Windows Phone 8 maps I have next XAML: <maps:Map x:Name="MyMap" HorizontalAlignment="Left" Margin="10,10,0,0" VerticalAlignment="Top" Height="410" Width="436" CartographicMode="Hybrid"> <toolkit:MapExtensions.Children> <toolkit:Pushpin Visibility="Collapsed" x:Name="pushpin" Content="My Position"/> </toolkit:MapExtensions.Children> </maps:Map> And here is my C# code: string[] tmp = result.ToString().Split(' '); MyMap.Center = new GeoCoordinate(double.Parse(tmp[0]), double.Parse(tmp[1])); MapLayer layer0 = new MapLayer(); Pushpin pushpin0 = new Pushpin(); pushpin0.Visibility = Visibility.Visible; pushpin0.GeoCoordinate = new GeoCoordinate(double.Parse(tmp[0]), double.Parse(tmp[1])); MapOverlay overlay0 = new MapOverlay(); overlay0.Content = pushpin0; overlay0.GeoCoordinate = new GeoCoordinate(double.Parse(tmp[0]), double.Parse(tmp[1])); layer0.Add(overlay0); My pushpin doesn't show up on the map, what i'm missing here? A: I belive you forgot to add the layer to the map: MyMap.Layers.Add(layer0);

1. Field of the Invention The present invention relates to a backlight assembly and a liquid crystal display (LCD) device having the same. 2. Description of the Related Art A liquid crystal display (LCD) device, displays an image using the optical and electrical characteristics of liquid crystals. The LCD device comprises a liquid crystal control unit and a light supplying unit. The liquid crystal control unit controls the liquid crystals while the light supplying unit supplies the liquid crystal control unit with light. For example, the LCD device comprises a LCD panel as the liquid crystal control unit and a backlight assembly that serves as the light supplying unit. The backlight assembly comprises a light source that generates the light. The backlight assembly is classified as either an edge illumination type backlight assembly or a direct illumination type backlight assembly. The edge illumination type backlight assembly comprises a light-guide plate adjacent to a lamp to guide the light toward the LCD panel. The direct illumination type backlight assembly comprises a diffusion plate to diffuse the light generated from the lamp so that the diffused light is incident on the LCD panel. A lamp socket, in general, affixes the lamp to the receiving container. The direct illumination type backlight assembly comprises a plurality of lamps aligned in the receiving container using an aligning plate to fix lamp sockets. For example, the lamp sockets are inserted into receiving holes, and the lamp sockets are fixed to the receiving container through the aligning plate. When the backlight assembly comprises lamp sockets and the aligning plate to fix the lamps to the receiving container, the method of manufacturing of the LCD device is complicated. This is because in order to use lamp sockets and an aligning plate in the LCD device, a die and mold are used to manufacture lamp sockets and the aligning plate thereby increasing manufacturing costs. In addition, impurities flow into a space between the lamp sockets and the aligning plate. When the shape of the LCD device is changed, the location of the sockets and the shape of the aligning plate are also changed. Thus, the manufacturing costs and manufacturing time are increased.

"(All ages have their hope of tomorrow)" "Now, our country will extend to the heaven" "It's my honor to deliver the historical... wisdom and the achievement of science" "This glory surprised me greatly" "Our strength will shine the whole world... and the entire space" "And exist in the world forever!" "Our 'Ziggurat'" "[Grand City]" "The robot runs wild recently" "It's too mad!" "The economy can't make any progress without the labor of the robot" "The problem is how to deal with the conflict between the robot and the workers..." "We heard that the enemy was developing a new weapon" ""So, we need a "" "more representative and powerful leader!" "Congratulations on the top out of Ziggurat" ""Duke Red, will you get into power next time?"" "No kidding" "As long as our President Boon is in his power our nation will be peaceful" "I have no qualification to do that" "President Boon, will you invite Duke Red to join your cabinet?" "Don't provocate our feeling" "As for the popularity to the people" "I can't compare with Duke Red" "I heard there's some military device in this Ziggurat" "Let's invite Mayor Ryon to deliver his opinion to us" "You'd ask that question to minister Shukenke" "Long live, Ziggurat!" "Long live Grand City!" "Uncle" "What does the name Ziggurat mean?" "I don't know" ""Hey, look there"" "What's that?" "[Marduk]..." "It's Marduk..." "Damn!" "I saw it!" "It's there!" "No wonder..." "Haven't you promised to show me it tonight?" "Dr.Laughton" "That..." "I've provided you the capital you need and the best equipment to you" "What's the matter!" "?" "Please give me more time" "I'll finish it soon" "I've heard what you said hundreds of times!" "I'll go to see it tomorrow evening" "How come..." "It's not suitable for you to go there" "It's out of order..." "Go back to work!" "It's me" "I heard something happened on the plaza" ""Yes, the robot rebels were making trouble"" "I don't want to listen to your explanation" "I have given you the security task" ""Yes, father"" "Stupid!" "I'm not your father!" "I only accepted you as an orphan in the battle last time" "Don't flatter yourself" "Yes" "There's a traffic accident in 45 Dingmu!" "The vehicle patrolling nearby..." "Please go to the locale at once" ""This is the car NO.3, we're pursuiting..."" "the suspectful robot rebels." "All the patrol wagons near to the air-station" ""please get ready to fight, wait for orders\"" ""Headquarter, Headquarter!" "This is the car NO. 8"" "I'm a private detective from Japan" "My name is Shunsaku Ban" "I want to see Majordomo Nuodaning" "I have the reference of the Police Majordomo of Tokyo" ""No wonder, do you mean Dr.Laughton..."" "is hiding in Grand City" "Do you mean so ?" "Right, my intelligence is provided by the organ smuggler who does business with him" "International Human Rights Committee etc... 7 human rights group have released the wanted order for them because they're suspected to smuggle and trade in organs" ""So, we hope you can help us"" "Because we're not familiar with here" "And know nothing here..." "Of course I'll assist you" "But the vacation celebrating the top out of Ziggurat will be over in a week" "Many criminals will come out to make trouble in this period of time" "We're very busy now" ""Now, the people I can appoint to you..."" "No... nobody" "If you don't mind the robot... robot...!" "?" "Right, robot, it's very excellent" ""But, it has no rights to arrest mankind"" "but it has the rights to search" "I think it can help you" "Won't you send it back after we supplement it fuel..." "The fuel is supplemented 5 years once" "We don't need mankind now" "My name is Kenichi, nice to meet you" "My type is 803-D R-P..." "D•M•497-3C" "Nice to meet you" "Nice to meet you" "After Ziggurat is built up our Grand City will become a country ranking first in the world" ""and we'll lead the industry, economy and culture"" "It's almost the birth of a great power an outstanding progress in the history" "It's my honor to deliver the historical... wisdom and the achievement of science" "This glory surprised me greatly" "Our strength will shine the whole world... and the entire space" "And exist in the world forever!" "Our 'Ziggurat'" ""OK, where shall we start from?"" "Oh... 803..." "DR-P D•M•497-3C" "Do you have a simple name?" "We can't have a name as mankind or we'll trespass on human rights" ""Right, you'll be called'Pero, Pero from today on"" "As if it's a dog's name" "Right, it's the name of a dog of mine before" "It's very famous" "In my eyes, inside this Grand City there's not any place for the criminal to hide" "What did you say?" "According to the reliable intelligence I got..." "He's in the city" "If Dr. Laughton hides here he must be in Area 1" "Area 1?" "That's a world understand" "This is your intuition as a detective" ""No, it's the possibility rate calculated by computer"" "Dangerous!" "Except our robots'original usage our other actions are strictly controlled robots are forbidden to move around here" ""But, Those people like fascists"" "Who're they?" "Their name is Marduk's Militia" "It's a political organization at first" "In Grand City" "There's different limit for the come-and-go of different class" "Only mankind without mark and robot ... can move around the world" "Do you mean the robot just now has some mark?" ""Right, there's an entrance in every area"" "But there's someone who knows where there's a secret passage after all" "So the things of just now happens from time to time" "That regulation is w" "{Area 1}" "There's really some shadow where there's light" "There's nothing dangerous on this layer" "But there're some places we can't manage" ""Be careful, you two"" "We will" "Because we're not here for sightseeing" ""Hi, long time no see, come here"" "Come back quickly!" "Where's that child gone on earth!" "?" "I was out a few days ago" "Where've you been on earth?" "I heard something interesting from outside" "Duke Red" "Let me have a look" ""It's set up well, hasn't it finished?"" "The final energy disposition device isn't steady now" "Have you used the generating system which you're best at?" ""No, I won't do that illegal thing"" "Because although it's convenient and quick it's can't last long" "I only make it with machine this time" "This is my masterwork of the whole life" "When'll you finish it?" "Within a week" "Because if we start it by a narrow shave there'll be overplus energy and it'll burn" ""As a result, it may bomb at last"" "My Tima" "I won't give you to anyone" "I'll finish you now" "And then I'll take you away from here" "You're Rock..." "Why're you here?" "It's my important task to protect father" "Father?" "Duke Red has not a son" "And hasn't his daughter die?" "Shut up!" "I know you attempt" "You want to cheat father with your crazy science" "How can father be moved by such useless puppet?" "What're you doing!" "?" "Duke Red asked me to make this Tima for him" "Do you know there's chair on the top of Ziggurat?" "The one who'll sit on it is Tima" "You're fooling me!" "It's impossible for father to... put Ziggurat on the top!" ""Then, you may go to ask Duke Red yourself"'" "Can you fire?" "It's a superman which is wanted by your father named Duke Red" "I won't turn father to a robot" "Stop...!" ""Got, please give me courage"" "In order to protect father from the evil robot" "Please give me strength" "Fire Alarm!" "There's a fire alarm!" "Fire Alarm...!" "The one who set fire is a member of Marduk Party" "I saw that myself" "The above guy wants to burn us" "What Atlas said is right" "They regard us as rubbish!" "Take our arms!" "We'll fight now!" ""Everybody, please calm down"" "The fire-fighting robot will begin to work soon" ""It's dangerous here, please keep off"'" ""Don't prevent, robot !"" "Do you want to make us lose our job and kill us this time..." "Stupid!" "It's not the time to quarrel!" "What's up!" "?" "But" "Why did they set fire in this abandoned plant?" "Well" "A strange man often came in and out there" "Is that man this guy?" "Yes" "Thank you" ""Sir, there's someone inside!"" ""Bad, Kenichi, you come in from the behind"" "Yes" "Hurry!" ""Cheer up, Laughton"" "Note..." "Do you want that note?" "Laughton!" "What!" "?" "Laughton's research office is burnt!" "?" "As if some experiment is being carried out there" "And the fire is quite terrible" "And the research office is all burnt" "How about Dr. Laughton?" "He died in the fire" "What's he researching on earth?" "He's an international wanted person" "He must be doing a dangerous experiment" ""What's up, father?"" "Do you know him?" "Shut up!" "Retreat!" "Let me alone" "What's it here." "..?" "That fire alarm is so surprising" "But" "It's nothing for this abandoned factory to be burnt" "Because it's good for those useless to be destroyed" "It's strange, even it's burnt completely that robot has the highest level its bone'd be found ...yeah" ""Pero, that man is?"" "He's Rock of Marduk Party" "He's great power in the party while he's so young" "It's said Duke Red believes in him very much" "Duke Red?" "What's the relationship between Duke Red and Marduk?" "The creator of Marduk is Duke Red" "Although it's nothing to do with him seemingly" "But the fund of the movement is provided" ""Although it's a secret, they have too much stink"" "People in the city all know it" ""Hey, where does this sewer lead?"" "It connects with those of Area 2 and then flow to the processing plant in Area 3" "One'll die if he falls into it" "Because he'll be dealt with as rubbish" "Common mankind are like so" "The criminal must return to the crime locale" "What people said before is really reasonable" "Let's go to look for Mr. Kenichi" "Who're you on earth?" "Who're you on earth?" ""It's wrong, do you know?"" "You'd call yourself 'I'" "Who am I?" "I" "You're I" ""No, listen"" "You're 'I', I'm 'you'" "Oops?" "Who am I?" ""Right, I'm Kenichi"" "Kenichi" "Kenichi" "Do you remember the thing happened before?" ""such as the name, family, parents etc."" "Family..." "Father..." ""Thank you, these are really food"" "But they've rottened" "Food..." ""Right, put them into the mouth like this..."" "And then swallow it" "You can't eat it!" "Your stomache will feel uncomfortable if you eat like that" "You can't eat it." ".. or..." "Open the round ceiling" "The weather group is called the main control center" "The cloud on the above is 1.1" "It won't effect the experiment" "The magnetic error is 3.7" "The tramroad is being adjusted" "The fluidal refrigeration began" "The round ceiling is beginning" ""It's 40, 39..." "to the radiation place"" "The motivity system, refrigeration system, exploration system... and operation system are all normal" "The main control center has given the last acceptance to the experiment" "The energy presser maintains 3+33" "I see" "The condition observing group is called the primary control center" "We've received the picture of the downtown and now we're transmitting it to you" ""Get into the last stage, begin taking aim"" ""Magnetic collimation, error 0.25"" ""Optics collimation, error 1.06"" "the radiation device has been fixed at the final place" "Radiation time is 3 minutes" "That effect citizens" "But the robot below will vary" "I have ordered someone to write down the whole experiment for this material is quite valuable" "Begin the experiment from 3 degree" "Got it" "Begin radiating" "The radiation of degree 3 will be over in 180 seconds" "The sun's data is -24" "It's 5 seconds to get to R location" ""4, 3, 2, 1..."" "'Omotenium' fuse together" "The macula's movement is extending" "The sun's spectrum 'Fulanghuo Ray' is as the same as the fusion mode of Omotenium" "35000..." "40000... 45000..." "There're 49 maculas in location R" "The density of macula magnetic field... is rising from 800" "That perturb the ionosphere" "All the communication is violated" "Radiation of degree 3 is over" "The primary control system is quitted" "The experiment is quite successful" "That will make the whole world raise a dust" "Because you've mastered the great God" "Now, as long as there's Grand City's Lar made by Dr.Laughton... it'll be perfect" "How come he carry out the experiment and made the macula increase quickly and the earth surface is effected by harmful electric wave" "It's too unscrupulous to develop that without considering the country!" "Marduk Party which is catching the out-control robot ... is adging on citizens now... and shouting 'Human beings come into power'" "They announced they'd emend 'robot Law'" "The citizen group which approve robot said that idea was unreasonable" "They protested everywhere and had some conflicts with Marduk Party" ""This is a good chance, President"" "If things go smoothly" "We may sentence him as he turned against the country" "Is the army ready?" "There're some troops which are loyal to Duke Red" ""Don't worry, let me manage it"" "We'll blab the intelligence and whip up citizens and make more people argue against Duke Red and then we'll arrest him as he turns against the country" "We can send the force if he wants to revolt" "I believe it's that guy who killed Laughton" "But I don't know the relationship between Laughton and him" "What experiment is Laughton making?" "What's you plan?" "Since Laughton has died now" "I'd report the reason to the consignee or it'll be hard for me to do that" "Where'll that guy plan to go?" "I think he's going to Area 2" "Is there any other underground world besides here?" "What's the matter with this city?" "Area 2 has the energy plants and Area 3 has some equipment dealing with polluted water" "Equipment dealing with polluted water..." "In other words, that guy is always searching... the outfall behind the abandoned factory" "I'll applied the document to enter Area 2 after I returned to the headquarter and ask to search Mr. Kenichi" "Bastard!" "You're so old, but you still eat it secretly!" "How much...?" "[Area 2]" "If there's someone moving around here" "I can recognize him at once" "Because the monitor of the management bureau us very strict" "Do you often come down?" "Twice a week" "My purpose is to repair and maintain the robot" "These are 'Aibai Model'" "They'll have the final examination in this week" "[Area3]" "Is there anyone here?" ""But, it always smells terrible"" "whenever I come here" "We mankind can't work here for a day" "What's up?" "There's someone!" "Impossible" "Hey!" "What're you doing!" "?" "It's forbidden to enter here!" "He really doesn't die" "Hey!" "What do you want to do?" "Don't worry, they're criminals" "Please tell me where the exit is" "Please stop!" "It'll be terrible if the equipment is hit" "Are you alright?" "Damn!" "What'll we do?" "That guy wants to kill us" "Keep off!" "Keep off!" "Don't stop me!" "Keep off!" "Waste iron!" "Keep off!" "Can you come out now?" "There's no problem here" "What's up?" ""Right, Fi-Fi can't pass that strobe"" ""Thank you very much, Fi-Fi"" "See you later" "Keep off!" "It's that guy!" "Fi-Fi!" "It'll break the rules to bring a gun in" "Show me you pass" "I'm Rock from Marduk!" "It's forbidden to parade in vacation" "Please dismiss yourselves quickly" ""Repeat, it's forbidden..."" "Kenichi...!" "?" "...Please dismiss yourselves quickly" "Hey!" "Kenichi!" "Stop!" "Stop there!" "Pay out!" "Long time no see such a good product" "I don't want it" ""Don't say that, buy it"" "How are things going with you?" "I didn't find it" ""Impossible, search it completely!"" "I see" "Search there too" "Yes..." ""What's up, Atlas?"" "We can't receive the uprising signal" "The uprising stops today" "The guy from Marduk is wandering there" "Is the information released?" "It's all because of them" "Rock wants to kill them" "Come on quickly" "As if I'd seen him in the fire locale in the abandoned plant" "Right" "What's your name?" "Where're you from?" "My name is Kenichi" "My uncle and I are from Japan, my uncle is a spy..." "Spy?" "NO... my uncle..." "is a reporter and my work is to assist him" "Why will Rock kill you?" "I don't know either" ""In a word, he shot at us suddenly"" "It's suspectable" "Will you get rid of them?" ""Calm down, we're not criminals or riffraffs"" "You said you were reporters just now" "It'll be very good to let the whole world know the condition of Grand City" "At this jungle" "We have no time to choose clothes to let others take a photo for us" "At least I've the rights to choose what clothes I'd put on when I die" "I want to put on the clothes of a famous revolutionist to die" ""Hey, look there..."" "as if it's like an angel..." "It's an angel" "Around this place" "There're three families living in a small house" "There's not a school nor any job" "All people here live on admeasure" "But after Ziggurat is set up even the admeasure will be stopped" "What does Ziggurat mean?" "It means the tower built by ancient Babylon" "It's the most famous Babel" "Do you know the result?" "The proud king of Babylon peeved God and the tower was destroyed" "History will repeat itself" "That Duke Red will have the same fate" "It's not God this time" "We'll ruin it ourselves" "[Kenichi]" "Am I wrong?" ""No, you're not"" "I only feel you hair become longer" "Kenichi, what kind of hairstyle do you like?" "The present one is OK" "What's more..., go on practicing" "Wow..." "the following is..." "Tima" "What?" ""Tima, my name"" "Really?" "Do you remember your name?" ""Great, Tima"" "You'd remember more things" ""Thank you, Kenichi"" "I almost forget that this uniform was borrowed from Mr. Atlas" "Kenichi" "Is it?" "I won't worry if the army come to help" "Although the underground people agree to rise up they worry about that they have not such ability" "The celebration of the top out of Ziggurat will be operated by Marduk Party" "I hope you can get rid of them at a blow" "And then break into Ziggurat" "Meanwhile, president will formally announce..." ""Duke Red turns against our nation, and we'll arrest him"" ""On that day, I'll use my power"" "let the army and police come under the leadership of President Boon" "Then, the power of Grand City will recover" "And we'll come into power as a new party" ""Of course, Atlas"" "President will welcome you himself" "I'm very angry!" "I'm really useless!" ""It's rare to find Kenichi, but I made him like that"" ""Sorry, I can't help you at jungle"" "What did you say?" "I know nothing here, I'd thank you" "Don't worry about Kenichi" "He..." "Stop!" "Run away!" "They did too much" "Be careful..." "Hide..." "robot ..." "Hide..." "change..." "Be careful,robot, hide... coup..." "What!" "?" "Coup!" "?" "It's over..." ""Listen, look carefully, Kenichi"" "I hope you can... tell the whole world clearly our anger" "I'm OK..." ""Let's go, Pero"" "We can't deal with it only by ourselves" "Please ask for help to headquarter" "Wait!" "I can't let you leave alone" "Do you know?" "They'll attack you robots first" "I'll be OK" "What!" "?" "And you've nothing to do with this city" "I've the duty to protect you" "I see" ""Listen, Pero"" "You can't incite them before I come back" "What's up?" "Are you going to protect here alone?" "It's forbidden to parade in vacation" "Please dismiss yourselves quickly" ""No, because time is almost up"" "Why mankind always settle problems with force?" "We know" "It's really a problem to call it 'Feeling'" "We have to ebb and flow in our feeling... and make progress step by step" "If we don't say yes to that point we can't live on" "It's time to rise up" "When'll I deliver the speech?" "The situation will become steady at 1 :00 pm" "Maybe it's 3:00 or half past 3:00" ""What's up, minister?"" "Do you feel uneasy?" ""Right, president"" "Because I have a boring task" "What's it...!" "?" "You...!" "You threw yourself into the lap of Duke Red!" "I'm fair to history" "Wait...!" "Let's talkabout it carefully...!" "Why...?" "Why do mankind often ruin robot ?" "What's revolution?" "The coup failed" "Grand City is now operated by Duke Red and the army" "Those who take part in the mutiny, give up your arms and surrender now!" "Repeat:" "The coup failed" "Grand City is now operated by Duke Red and the army" "Those who take part in the mutiny,//give up your arms and surrender now!" "Kenichi!" "Hey!" "Kenichi!" "Uncle!" ""You're safe, great..."" ""Are you alright, uncle?"" "This wound is nothing" "Who's she?" "Her name is Tima" "I went into exile with her from the fire" ""Tima, let me introduce"" "This is my uncle" "Uncle!" "Mr.Atlas..." "We..." "jumped at that bait..." "You came out finally" "Don't move!" "Don't rebel!" "If you turn out that girl you may go back to you country" "Don't do the grand!" "Rock!" "Your attempt..." "Bastard!" "Tima...!" "Take your pistol!" "Come on" "Gime me the gun" "Don't give it to him." "..!" "Can you fire?" "I'm a man" "Rock!" "These are the people whom you gave up public business and always chased" "Tima...!" "Are you Tima..." "Rock!" "What's the matter?" "In the fire alarm in Laughton's research office, Tima..." "Your report says there's no survivor from the fire" "And how did you know the thing of Tima?" "Answer me!" "Father" "Because you must take the superman's seat" "Don't let such robot control Ziggurat... and the future of Grand City!" "Stupid!" "robot" "Do you want to control me?" "You'll have your moment as long as I think a little of you!" "Get up!" "Don't appear in front of me again!" "Kenichi!" "It's you who always hired Laughton..." "What'll you do if it is?" "I come to arrest Laughton... from Japan..." "My name is Shunsaku Ban" ""Come on, get on the car"" "Where's Kenichi?" "You'll see him after you finish it" "I want to see Majordomo Nuodaning the Majordomo is posted away" ""The successor hasn't be confirmed, you may come on another day"" ""In fact, because some misunderstanding, my nephew..."" "was taken away by Marduk Party" "As a foreigner... you'd propound a request to your embassy" ""Now, our country will extend to the heaven"" "It's my honor to deliver the historical... wisdom and the achievement of science" "This glory surprised me greatly" "Our strength will shine the whole world..." "Sake should be heated" "We only have hot whisky and Tanyou" "Mr. Spy from Japan" "Bring me two bottles of hot whisky" "Yes" "Bastard...!" "What's Ziggurat!" ""Shit, Marduk!" "Damn!"" "Please help yourself" ""Hey, the guy who was here just now is Rock"" "I heard he'd left the party" "But he wandered around here" "Thank you" "Take care" "Wow..." "Miss Tima, there's a man just now... who asked me to give you this letter" "I had refused him originally but he told me not to inform Duke Red and others" "I told me I can't manage that" ""But he called himself 'Kenichi', so I..."" "It's not convenient for me to move now" "So I can't come to see you now" "I'll leave this country soon" "I want to meet you very much" "Kenichi!" ""What's the matter, Aimei?"" "Please keep your words and give miss Tima to me quickly" "I'll fall into catastrophe if others know it" ""Don't worry, I'll speak over soon"" "In fact I didn't want to help him" ""Then, excuse me"" "You fooled me" ""If I'd done like that, I'd have no chance to speak to you"" "Where's Kenichi?" "Please let me meet him if you know where he is" "No wonder" "When I speak to you you're really not like a robot" "No wonder that mad scientist... selected my father" "What do you want to say on earth?" "I said you were a robot" ""No, I'm not"" "Then what're you?" "A man?" ""Then, who're your parents?"" "Where're they now?" "They're.." "." "Kenichi" "Is this useless puppet a superman?" "Since you don't know where Kenichi is" "I'll go back now" "What!" "?" "Tima is gone!" "?" "Yes!" "Bastard!" "Be careful when you drive!" "Let me have a look..." "Is there any secret with the superman which father wants?" ""Cheer up, Laughton"" "Note..." "Do you want that note?" "Don't worry" "I've punished Rock" "Where's Kenichi?" "I'm looking for Kenichi too" ""So, I need you help"" "Help?" "I believe he's imprisoned somewhere in Ziggurat" "So" "I need your intelligence to invade Ziggurat and then search out where Kenichi is" "Can I manage that kind of thing?" ""Come on, show me your hand"" "Kenichi!" "How do you like?" "Kenichi is in that building..." "OK!" "Succeeded!" "He's really there" "What's the matter with me just now?" "Really?" "Don't you know the story of yourself?" "What do you mean?" ""Yes, We'll report to you as long as we search it"" "Is it Duke Red?" "Yes" "How do you like?" "We can search the place where the information is released" "Because the energy is too strong" "The fork of the circuit is burnt" "I found it" "Where's it?" ""South Area 17, [Coconut Hotel]"" ""Please tell me, am I a man or..."" ""It's true, you..."" "are different from other robots" "I'm a man" "I'm a man as Kenichi" ""Right, of course"" ""In a word, we'd save Kenichi out first"" ""I've been looking for you for a long time, Tima"" "What's your attempt?" ""If I like, I can arrest you with the sin that you kidnapped others"" "You are wrong!" "You'd ask your son about the reason" "It's Rock!" "?" "I don't know what attempt you have" "But I know..." ""you belong to the same gang as the wanted person, Dr.Laughton"" "I believe it's you who planned to kill him" "And your purpose is to vanish the proof" "Take him back" "Yes!" "Follow me!" "This treasure seat is specially made for you" "You'll control the world here soon" "I...?" "Why?" ""This is your fate, you'll be clear soon"" "Kenichi!" "Kenichi?" "Kenichi!" ""Cheer up, Kenichi!"" "It's me!" "Can you recognize!" "?" "Hey!" "Kenichi!" "Kenichi" "Kenichi" "Damn!" "What have you done to Kenichi!" "?" "He isn't in danger now" "Because he's shouting loudly" "So we ask him to calm down" "Kenichi" "Kenichi" "The thing this time..." "I'll present my protest to the embassy formally!" ""It'll become a diplomatic problem, Duke Red"" "Really?" "I don't know you're some top bananas in the political circle" "I'm so stupid" ""But, no matter what country it is"" "it'll give in before Tima" "Please let Kenichi recover" ""What's up, Tima?"" "One or two this kind of guys are nothing" "You've the power to control the world" "What's my strength?" "Am I a man?" "Am I as the same as those poor robots." "..?" "Why do you ask such a foolish question?" "You're different from that waste iron" ""Then, am I a man like Kenichi?"" ""What did you say, you're not a man at all"" "You won't be effected by emotion or feeling and won't be puzzled by love or moral" "You're not so poor as mankind" "You're a superman!" ""Then, I'm really..."" "I brought the clothes of miss Tima" "You're really a robot" "But you're the noblest in the world" "You're fooling me" ""I have my feeling and love, because I'm tired of you"" "You're still not perfect" "Because you haven't reach the final configuration" "It's only that your unstable energy shows out as feeling and love" "When that moment comes..." "You'll incorporate with that superman's seat and become a PC weapon controlling the whole world!" ""At that time, your emotion and memory..."" "will disappear" "How could you know that?" "I'm a spy after all" ""Come on, change your shirt, miss Tima"" ""Dad, please wake up"" "Rock!" "?" "What...!" "?" "What do you want to do!" "?" ""You must take this seat, dad"" ""Dad, only you are our leader"" "What do you want to do!" "?" "Tima!" "You woke up" "I'm an artificial man a machine to ruin the world" "No!" "Not ruin but rebuild!" "Stop!" "Kenichi..." "What's up!" "?" "Who pressed the switch!" "?" "The system started itself!" "Change to hand-control!" "Cut off the power!" "It lost control!" "Such an phenomenon never appeared in the experiment before!" "Dr.Ponkotz!" "Why did you ring the alarm!" "Omotenium generation device began losing control!" "What's up, Doctor?" "That..." "Stop!" "Tima!" "If it goes on like this, Ziggurat'll...!" "It's an punishment for those who twiddled with robot" "Tima's memory is swallowed by too much message" "She began to lose control" "Babel has made God angry" "Tima!" "Don't go there!" "She isn't the Tima you were familiar with now!" ""OK, I see"" "Duke Red" "If we don't stop Omotenium generation device now the world will disappear!" "The possibility of mankind's survival... will be less 30 %" "My earth weapons will begin to work in 30 minutes" "The targets are the main city and equipment of the world" "There're 7, 586 places totally" "And as for those who survive" "It'll use the order of gene to make a new biological weapon" "It may take 17 hours and 27 minutes" "Can you hear me, Duke Red?" "The superman you made said it didn't need mankind!" "Tima!" "Don't go!" "Kenichi...!" "Kenichi...!" "Kenichi...!" "Kenichi...!" "Tima..." "Tima..." "Tima!" "Doctor!" "The underground motility center and control center... are both occupied." "..!" "What's up...!" "?" "Go away!" "You'd not come here" ""Tima, it's me!"" "Kenichi" "I'm Kenichi!" "Stop!" "I won't let you... kill... my father..." "You can't... !" "Rock...!" "Tima...!" "Tima!" "Tima!" "Catch my hand!" "I'm Kenichi" "Who're you on earth?" "Who're you on earth?" ""It's wrong, do you know?"" "You'd call yourself 'I'" "Kenichi...!" "Catch me tightly!" "Who am I?" "Tima!" "May I ask..." "where did you find this?" "Kenichi..." "Fi-Fi?" "Fi-Fi!" "Fi-Fi..." "Fi-Fi..." "Tima..." "Tima..." "Uncle!" "Hey!" "Uncle!" "I want to stay in this city for some time more" "Who am I?"

#import "CPTTestCase.h" @class CPTXYGraph; @interface CPTPlotSpaceTests : CPTTestCase @property (nonatomic, readwrite, strong, nullable) CPTXYGraph *graph; @end

Naval Security Group Activity Misawa Information The mission of NSGA Misawa is to provide a trained, qualified, and mission-ready force to support the war-fighter, site activities, and military communities. NSGA Misawa supports deployment of subsurface combatants in direct cryptologic Fleet Analysis and Reporting support of fleet operations in the Pacific Fleet.

John Cornell Chads Lieutenant-colonel John Cornell Chads (9 August 1793 – 28 February 1854) joined the Royal Marines and reached the rank of 2nd Lieutenant on 4 May 1809, aged 16. He became a Captain in the 1st West India Regiment on 27 January 1820. He became a Major on 22 April 1836, still serving in the West India Regiment. He was promoted to the rank of Lieutenant Colonel on 3 March 1843 and then retired on full pay aged 50. He returned to England with his family and lived in Portsea, Hampshire until his appointment as President of the British Virgin Islands in 1852. He died in Government House, Tortola on 28 February 1854 with the rank of Colonel. On 5 December 1816, he married Miss Elizabeth (Eliza) Stiles Parker in Tortola. John and Elizabeth Chads had eight children, two sons and six daughters. From 1852 until his death on 28 February 1854, he was the President of the British Virgin Islands Chads was President of the British Virgin Islands during the great insurrection of 1853. On 1 August 1853, a large body of rural labourers came to Road Town to protest the imposition of a new cattle tax. The authorities immediately read the Riot Act, and made two arrests. Violence then erupted almost immediately. Several constables and magistrates were badly beaten, the greater part of Road Town itself was burned down, and a large number of the plantation houses were destroyed, cane fields were burnt and sugar mills destroyed. Almost all of the white population fled to St. Thomas. President John Chads was reported to have shown considerable personal courage, but little judgement or tact. On 2 August, he met a gathering of 1,500 to 2,000 protesters, but all he would promise to do was relay their grievances before the legislature (which could not meet, as all the other members had fled). One protester was shot (the only recorded death during the disturbances themselves), which led to the continuation of the rampage. By 3 August, the only white people remaining in the territory were John Chads himself, the Collector of Customs, a Methodist missionary and the island's doctor. The riots were eventually suppressed with military assistance from nearby St. Thomas, but they marked the beginning of almost a complete exodus of the white population of the territory. The episode marked the beginning of the era sometimes referred to as "decline and disorder" in the history of the British Virgin Islands. The gravestone of John Chads is in the churchyard of St George's, the main Episcopal church in Road Town. Political Summary References Category:1793 births Category:1854 deaths Category:Presidents of the British Virgin Islands Category:Royal Marines officers

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Munir Niazi Munir Ahmed Niazi, () (9 April 1928 – 26 December 2006) was an Urdu and Punjabi language poet from Pakistan. He also wrote for newspapers, magazines and radio. In 1960, he established a publication institute, Al-Misal. He was later associated with Pakistan Television, Lahore and lived in Lahore till his death. Early life and career Munir Ahmed Niazi was born on 9 April 1928, in Khanpur, one of the Pathan villages in Hoshiarpur Punjab, British India. He was initially educated at Khanpur. After the partition of India in 1947, he migrated and settled in Sahiwal, where he passed his matriculation examination. He earned an intermediate degree from Sadiq Egerton College, Bahawalpur and a B.A. degree from Dayal Singh College, Lahore, Pakistan. Munir Niazi launched a weekly, Seven Colours, from Sahiwal in 1949. Some of his poetry was used in films and these film songs became popular super-hit songs among the Pakistani public which established him as one of the foremost movie songwriters of Pakistan in the 1960s. For example, the film song in film Shaheed (1962), Uss Bewafa Ka Shehar Hai Aur Hum Hain Dosto and many others. Originally of Pashtun descent, Munir Ahmed used to call himself Punjabi as Punjabi definition is cultural and geographical and most of his poetic expression was done in the Punjabi language. Poetry that became super-hit film songs Bibliography Below are some of his Urdu publications: Taiz Hawa Aur Tanha Phool Jungle Mein Dhanak Dushmanoon Kai Darmiyan Sham Mah-e-Munir In Punjabi language, he has published: Safar Di Raat Char Chup Cheezan Rasta Dassan Walay Tarey Effective imagery in his poetry conveys pictures in a few words. He had experimented with poetic forms and had tried to create a new style, rhythm and diction in Urdu poetry. Innocence, mythology, nostalgia, dreams, eroticism, and romance are some of his most common themes. Selected English translations of Munir Niazi's poetical works were edited by Suhail Safdar and published in 1996. Death and legacy Munir Niazi died of respiratory illness on 26 December 2006 in Lahore, Pakistan. On his 86th birth anniversary, a book titled 'Munir Niazi Ki Baatain, Yadain' was launched to honor him at the Punjab Institute of Language, Art and Culture (Pilac) at Lahore. This book has interviews of the late Munir Niazi and opinion columns about him. Awards and recognition Pride of Performance Award by the President of Pakistan in 1992 Sitara-e-Imtiaz (Star of Excellence) Award by the President of Pakistan in 2005 References Category:1928 births Category:2006 deaths Category:Deaths from respiratory failure Category:People from Hoshiarpur Category:Poets from Lahore Category:Pakistani poets Category:Punjabi poets Category:Urdu poets Category:Recipients of Sitara-i-Imtiaz Category:Recipients of the Pride of Performance Category:People from Sahiwal Category:20th-century poets Category:Punjabi-language poets Category:Punjabi-language writers Category:Pakistani songwriters

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The Canadian government is reportedly going to apologise and give compensation to Omar Khadr, a former Guantanamo Bay prisoner. Khadr, 30, pleaded guilty in 2010 to killing a US soldier in Afghanistan when he was 15, but Canada's Supreme Court later ruled that officials had interrogated him under "oppressive circumstances" such as sleep deprivation. An official familiar with the deal told the Associated Press news agency on Tuesday that Toronto-born Khadr will receive $8m. The official was not authorised to discuss the deal publicly before the announcement and spoke on condition of anonymity. The Toronto Star also reported that the deal was reached in June between Canada's justice ministry and Khadr's lawyer. WATCH: WITNESS - Guantanamo's Child, Omar Khadr Omar Khadr spent 10 years in Guantanamo Bay. His case received international attention after some dubbed him a child soldier. Khadr was 15 when he was captured by US troops following a gun battle at a suspected al-Qaeda compound in Afghanistan that resulted in the death of an American special forces medic, US Army Sergeant First Class Christopher Speer. Khadr, who was suspected of throwing the grenade that killed Speer, was taken to Guantanamo and ultimately charged with war crimes by a military commission. He pleaded guilty in 2010 to charges that included murder and was sentenced to eight years plus the time he had already spent in custody. He returned to Canada two years later to serve the remainder of his sentence and was released in May 2015 pending an appeal of his guilty plea, which he said was made under duress. The Supreme Court of Canada ruled in 2010 that Canadian intelligence officials obtained evidence from Khadr under "oppressive circumstances", such as sleep deprivation, during interrogations at Guantanamo Bay in 2003, and then shared that evidence with US officials. A spokesman for Canada's justice ministry and the prime minister's office did not immediately respond to requests for comment. After his 2015 release from prison in Alberta, Khadr apologised to the families of the victims. He had said he rejects violence and wants a fresh start to finish his education. He currently resides in an apartment in Edmonton, Alberta and is studying to be a nurse. Al Jazeera's Daniel Lak, reporting from Toronto, said the apology and compensation could put an end to Khadr's "15-year legal saga". "He can now look to his home country saying, 'We are sorry, we were wrong, we should have heeded the advice of court after court in Canada that he is a child soldier,'" Lak said. "I think it is a very big day for supporters of Omar Khadr."

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R-773 :’,,! 1 .“- 5 aji: OFFICE OF THE A~T.~~NEYY GENERAL PRICE DANIEL FAGAN DICKSON AmtnwKY GENERAL October 28, 1947 RPST UclIlllANT State Board of Pardons & Paroles Austin, Texas ATTW: Hon. Walter C. Strong, Member Oplnlon No. v2415 Re: Cons~ltutlonalltyand constructionof Ii.B. ~120, 50th Legislature Dear Sir: You have requested our opinion relative to various matters arising by virtue of the "Adult Pro+ batlon and Parole Len" passed by the 50th Legislature (H. B. 120). We will restate your questions end an- swer each question immediatelyfollowing each re- statement. We will then proceed with a general dls-., cusslon as to our'constructlonof the Act and the l&w upon which we based our ::qswers; Question No. 1"'.Ia Section 12 of H. B. 120, 50th Legislature,constl~~~tlonally valid tid does It supersedethe constitutionalamendment that designates paroles as reprieves? .We know of no constitutionalamendment that designatesparoles as reprieves. In fact, a parole is not a reprieve or any form of executive clemency. Sec- tion 12 of said Act Is therafore not unconstitutional as being in conflictwith Section 11 of Article Ip of the Constitutionof Texas. . Question No. 2: Reprieves having been con- sidered by the'pr&vious penitentiaryofficialsas pa- roles, Is the,Board of Pardons and Paroles under H. B. 120 to consider such~terms,I*eprleves and paroles, as synonymous? The Board of Pardons and 'Parolesshould not consider reprieves and garole, as being synonymous. $1: 82 State Board of Pardons and Paroles, Page 2 (V-415) Question No. 3: Sections 1 to 7 inclusive have reference to probation. Section 1 states "the courts of the State of Texas having original jurls- diction of criminalactions, etc." Does this include corporationcourts, justice courts, and county courts in criminal cases for misdemeanors;and do such courts have the right to probate persons convicted therein? Corporationcourts, justice courts, and coun- ty courts do not have'the authority under this Act to place persons convicted in such.courtsunder probation. Question No. 4: Se&i&'7 states that the Board of Pardons.andParole& created by the Constitu- tion of this State shall administer the provisions of this Act and &hall act as the State Board of Proba- tion as authorizedby Section lla, Article IV, of the Constitution. Section 8 provides for a method for se- lection of the Board members by creating a committee, examlnirigapplicants. Wewould like to know whether or not these two sections are ln conflict with the con- 'stltutlonalamendment,Section 11, Article IV, creating the Board of Pi&ions and Parole! and~are they constltu- tlonal? We do not find where.% a State Board of Pro- bation is mentioned ln Section lla of Article IV of the Constitution. Section 7.i~ not In conflict with the constitutionalamendmenji, S&c. 11, Art. IV. Al- though the Act in said Section 7 provides that the constitutionalBoard of Pardons and Paroles shall act as a State Board of Probation,we do not find anywhere In said Act ,wherelnsuch Board is given any duties to perform in reference to probation. Section 8 of said Act Is unconstitutionalIn that it Is In conflictwith Sec. 11 of Art. IV; for the State Constitutionprovides only one qualificationfor members of the.Board of Par- dons and Paroles--thatthey "shall have been resident citizens of the State of Texas for a period of not less than two years immediatelypreceding their appointment." Question No. 5: Does not the reference to probation require the trial judge who tries criminal cases and puts a defendant on probation to retain jur- ~lsdlctlonof the,case and administer same; and that the Board of Pardons,and'Parolesshould not take juris- diction of such case until the party has violated his probation and been committedand received at the peni- tentiary of this State? State Board of Pardons and Paroles, Page 3 (V-415) ic ‘83 The ProbationAct does contemplatethat a prisoner on probatlop la wlthia the cimtlnulng’jurls- diction of the court of conviction,risslsted, of course, Srcm time to time as’may be n6cessary ln the enforce- ment of his jurlsdlctlon,by the proper probation of- ficer or officers. Of course,, when the probationerhas lost his status as a probationer,and the gates have been closed upon him by the officials of the penlten- Mary or other place of correctionalconfinement,the Court’s jurisdictionceases. The Judge has performed his judicial functionsunder the law. QtiestlonNo. 6: It will be observed that this Act does not provide for the appropriationof any funds so that it could be administeredand, for that reason, la the Board required to try to adminis- ter same? It 1s the duty of the Board of Pardons and .Parolesto admlnlster,thlsl+W Insofar as they possibly can with whatever funds are availableto them.. Quest& Ho. 7: Seutlon 12 states “the BMrd is h6reby &tithorized.to r&lease on parole with the approval of the Governor any person confined In any Renal or correctionalinstitutionin this State, etcr Is’thls not ln conflict with the Constltutlon undiir, which the Governor has the authorityto-release pg$ze;;om the penltentl~~, and there~~~e’unco~tl- As stated in our answer to your ‘Questior~HO. ;;‘$z:on 12 1~ not ln conflict with the Constitution It provides that the Governor shall have the powe; after ~convlctlon,on the recommendationOS the Board of Pardons.and Parole?, .togrant reprieves +,d comutatlons of punls?ment. and pardons. Question No. 8: Section 20 sets out, am~ti othir thinga, that a paroled prisoner who la amused of vlolatlng his parole,,~ls entitled to’s hearing and states when the Board has determined this matter, they may revoke his parole. Is this not ln conflict with the constitutionalamendment areatlng the Board OS Pardons ‘and‘Paroles,and placltigthis duty upon the Governor of thenState? Sections20, wherein’lt attempts to authorize the Board of Pardons and Paroles to revoke a.parOle ;. -.- i..-- 84 State.Board,oS Pardons and Paroles, Page 4 (v-415) .-,.I theretoforegranted, Is unconstltutlqnalln that It J.s in conflictwith that portion of aectloti11 of Article IV of our Constitution,which provides that "The Gov- ernor shall have the power to revoke paroles." Question No. 9: Sectlon 19 authorizes the Board to issue warrants for the return of a parolee to the penitentiary,upon finding a violation of his parole, and that any probation or parole officer or any other peace officer may.arrest a parolee without a warrant when the parolee has, ln the judgment of the parole offJeer or peace officer, violated the con- ditions of his'parole. Can this Section of the bill legally give such officer the right to make arrests as stated therein? Inasmuch as the Governor is the only person who can revoke a parole, such parolee Is entitled to his liberty under such parole until it has been re-' voked by the Governor; and It is our opinion that, un- til such revocation,neither probation nor parole of- ficers nor any other peace officer may arrest a parolee. and deprive him of his liberty by virtue of such con- viction, either upon a warrant issued by the Board of Pardons and Paroles or without suah warrant. Question No; 10: Section 9 requires members of the Board to give full time to the duties of their office and to be paid a salary of $6,000 annually. Ho appropriationhas been made for thla. Does this en- title each member of the Board to a deficiencywarrant for the differencebetween the $6,000 and'the salary he is being paid at this time, as shown in the Appro- priation Bill? House Bill lo. 807,of the 50th Leglslature makes the salaries of those officerswhose salaries are statutorilyand not constitutionallyfixed at the sums appropriatedtherefor for the current biennium. The current member salaries are only $4,764.00. There csn be no deficiency IS the appropriatedsalaries are paid. Question No. 11: Should the Board in making its recommendationsfbr clemency to the Governor place ln such recommendationsthe conditionsrequired OS the parolee, or shoiildthe Governor place such conditions ln his proclamations,when the recommendationsdo not contain them?  7 -- 85 State Board of Pardons and ParolesI Page 5 (v-4$5)“: -- As stated above, the releasing ,oSa convicted person on parole fs'not :811 act or executive~clemency. This Act provides that a person who has served the re- quisite time In the penitentiarymay be released on pa- role by the Board of Pardons and Paroles upon the ap- proval by the Governor. The Board, therefore,does not make recommendationsfor the release on parole-- but should grant the parole by its own proclamation, snd should incorporatetherein the conditionsrequired of the parolee, which should be submitted to the Gover- nor for his approval or disapproval. OS course, such parole would not become effective until approved by the Goverpor as provided for In the Act, and accepted by the parolee. Question No. 12: Could the Board make rec- ommendationsfor clemency Under the cons@tutlonal amendment creating the Board, which does not refer to parole, and without consideringthe requirementsreferred to In the bill with reference to parole? Inasmuch as the granting of a parole'is not the -tit&g of executiye clemency, the Board ii mak- ing'z%Mmmeiidatlons to the,GovernorSor.executlve clemency--whichln~ludes~reprleves;commutationsof punl@ment, and pardons--Isnot required to consider .. any of the prwislons contained in this Act, and may make In its recommendationsany condition or conditiona not Illegal, immoral or Incapable of performance. Question No. 13: What is the difference,If any, with reference to recoannendlng a reprieve;.a con- ditional pardon, or a parole? They all have the effeat of releasinga prisoner f?%mthe penitentiary. As stated above, the.Board does not recommeid a parole. GEN!&U DIS&SSION We note that In your first letter of request you state "the Board will appreciate an interpretation of the.Act as a whole;" .so In addition to the answers above made to your specific questiOns,~and the dlecusslon of the reasons for such answers to follow, we wUl at- tempt to Interpret the Act as a whole as well as the various sections thereof. ! --’.; ,,;3& Ed- State Board of Pardons and Paroles, Page 6.(V-415) Section 11 of Article IV of the Texas Consti- tution before its amendment in 1936 read as Sollows: "In.all criminal cases, exce t treason and impeachment,he (the GovernorP shall have power after conviction,to grant reprieves, commutationsof punishment and pardons; and un- der such rules as,the Legislaturemay prescribe, he shall have power to remit Sines and Sorfel- tures. With the advice and consent of the Senate, he may grant pardons~In cases of treason;and to this end he may respite a sentence therefor,un- til the close of the succeedingsession of the Legislature;provided, that in all cases of re- mlsslons of fines and forfeitures,or grants of reprieve, commutationof punishmentor pardon, he shall file In the office of the Secretary of State his reasons therefor." (Parenthetical matter ours) Such Section as amended in 1936 reads as Sollows: "There is hereby created a Board of Par- dollsand Paroles, to be composed of three members~,who shall have been-residentciti- sens.of the State of Texas for,a period of not less than-two years Immediatelypreced- ing such appointment,each of whom shall hold office for a termof six years;~providedthat of the members of the first board appolnted, one shall serve for two years, one rorfbur years and one for six years from the first day of February, 1937, and they shall cast lots for their respective.terms. Gne mem- ber of said Board shall be appointedby the Governor, one member by the Chief Justice of the Supreme Court of the State of Texas, and one member by the presiding Justice of the Court of Criminal Appeals; the appointments of all members of said Board shall be'made with the advice and oonsent of two-thirdsof the Senate present. Each vacancy.shallbe filled by the respective appointingpower that theretoforemade the appointmentto such position and the appolntlvepowers shall have the authority to make recess appointmentsun- ._ til the convening of the Senate. "In all criminal cases, except treason and impeachment,the Governor shall have power* State Board of Pardons and Paroles, Page 7 (v415)i:Z a7 after conviction,on the written signed rec- ommendationand advice of the Board of Pai?- d0n0 ana Paroles, or a majority thereof, to grant reprieves and ccmmutatlonsof punlsh- ment ana pardons; ana under such rules as the Legislaturemay prescribe, and upon the / written recommendationand advice of a m& jorlty of the Board of Pardons and Paroles, he shall have the power to remit Sines and forfeitures. The Governor shall have the power to grant one reprieve in any capital case for a period not to exaeed thirty (30) days; and he shall have the power to revoke paroles and conditionalpardons. With the advice and consent of the Legislature,he may grant reprieves,commutationsof punlsh- ment and pardons in cases oS.treason. “The Legislatureshall have power to regulateprocedurebefore the Board of Par- dons and’Parole8,. and shall require it to keep record of Its actions and the reasons there- zro& p shall have authority to enact parole . The Texas Constitutionwas amended ln 1935 by addlng Section 1lA to Article IV, which reads as follows: “~TheCourts of the State of Texas kav- ing original jurlsdlctlonof crtiinal ac- tions shall have the power, after convlc- tlon, to suspend the imposition or execu- tion of sentenceand to place the defend- ant upon probation and to reimpose such sen- tence, under such conditionsas the Legisla- ture may prescribe.” ,, We do not find any other provlalons of our State Co~stl- tutlon that we deem applicableto’House Bill Ho. 120. The first six sections of said Act give the power to the courts of record of the State of $e%as~‘hav- lng original j~sMtion of cm-1 actions, in &r- taln instances,to suspend the lmposltlon or~the execu- tion of tientenceand placetheconvlcted defendant On probation for the maXimum period of~the sentence lm- ,posed. Such sections further provide for an lnvestlga- tlon by a probation and parole officer of thencirca- stances of the offense, criminal record, social history c-- 2,-- 88 .’ St&e Board of Pardons and Paroles, Page 8 (V-415) and present condition of ~thedefendant, as well as other matters. It provides that such courts shall de- termine the terms and conditions of the probation and lists various conditionsthat may be included In such probation,and provides that upon the expirationof the period of probation such courts by order shall dis- charge the defendant. It also provides that having dischargedthe defendant, such courts may set aside the verdlctorpermit the defendant to withdraw his plea of guilty and dismiss the accusation;complaint,in- formationor Indictmentagainst him ln a manner very similar to that provided for ln the case of a suspend- ed sentence. It also provlde~sthat such courts may Issue a warrant for the defendant for violation of any of the conditionsof the probation and provides that such courts shall grant a hearing on the question of such violation,without a jury, and may continue or revoke the probation,with the right of the probatlon- er to appeal the revocation. As stated ln snswer to your third question, It is ‘ouropinion that corporationcourts, justice courts, and county courts do not have,the authority to place persons convicted ln such courts under pro- batlon, for the reason that such.courtshave jurlsdlo- tlon to try only persons charged with misdemeanors. You~wlll note that-both the Constitution(Sec. 1lA OS Article IV) and this Act give the courts. the power, after conviction,to suspend the lmposltlonor execu- tion of sentence and to place the defendant upon pro- bation and to reimpose such sentence. . -.” (Under- scoring ours). A sentence is imposed only In felony cases. See Chapter 3 of.our Code of Criminal Proce- dure. Such Chapter provides for a “judgment”and a “sentence”,+pfelony cases, but for only a “judgment” ln misdemeanorcases. As used In the Constitutionand this Act, Is the word y’sentence”to be construedas meaning also “.judgment”?We thlnk not. As stated in 12 Tex. Jur., Par. 355, P. 717;~“Judgmenttinasentence are not the same thing; the twoare distinct and in- dependent.” Furthermore,both-the Constltutlonand this Act state that the courts shall have “the power, after conviction,to suspend the imposition. . . OS sentence”and then to place the defendant on proba- tion. IS “sentencenmeans ‘judgment, n then the courts have the power to suspend the imposing of a judgment and then to place the defendant on probation. There has to be a judgmentbefore there is a conviction. If you do not impose a judgment, that Is,,suspend Its  c: State Board of pardons snd Paroles, Page 9 (V-415p- 89 imposition,you do not have a conviction;and then to place a derendantunder restraint of his liberty,by plaolng him on probation,would violate our Constltu- tion, which provides that: %o citizen of this State shall be de- prived of . . . liberty, . . . prlvlleg& except by the due course of the law &'tie land." You will further note that the followingwords are used in the Act: "of the sentence imposed";,"might have been sentenced";"the sentency judge ; %hall - be sentenced." E word "judgment la never used. It appears to us that the language used ln providing for the probation of convicted defendants~ 1s clear and unambiguousand therefore needs no con- structiotrwlth the exception of that portion which ;. states that the probationer,In the event his proba- tion Is revoked, may appeal the revocation, In that it does not state to whom such appeal will be made. The followingSection 7 prwides.that the Board of Pardons and Paroles, created by the Constitution of this State ln Sec. 11, Art; IV thereof, shall ad- minister the provisionsof this Act snd shall also act as the State Board or Probation, The Legislature may have intendedthat the probationerwould have.the right to appeal the revocation,tosuch State Board of Probation;but, ln the absence of language so stating,we are l.ncll.n&dto the view that such appeal should be made to the Court of Criminal Appeals as that Court has been granted appellate jurisdiction In all criminalm@ters. The only question that arises Ln our minds as to the authorityof the LeglFjlature to give the courts of this State the right to release on proba- tion a person who has been convicted of a criminal offense is the question as to whether or not such release on probationwould conflict with the consti- tutionalpower granted to the Governor, after eon- victlon, to grant reprieves and commutations:oS punishmentand pardons. OS course, if such release on probation Is a reprieve or a cOmmutatlOnof pun- ishment or a pardon, then such action granting such power to the District Court would be unconstltutlonal In that such power .hasbeen granted by the Constltu- tlon exclusivelyto the Governor of this State. The  ic go State Board of Pardons.andParoles, Page& (V-415) same would be true as to the portion of this Act, which will be hereinafterquoted, which gives the Board of Pardons and Paroles authority to release a convicted person on a parole with the approval of the Governor IS such parole is either a reprieve, commutationof punishment,or pardon. Hence our dlacusslonas to whether or not this act,lriglvingthe courts author- ity to release a person on probation Is in conflict with Section 11 of Article IV of our Constitution, will likewiseapply to those provisions giving the Board of Pardons, with the approval of the Governor, theright to release.convlctedpersons under a parole. A pardon 1s an act of grace proceeding from the power entrustedwith the execution of the laws, which exempts the lndlvldualon whom it 5.8bestowed from the punishment the law .lnSlictsfor a crlisehe has .commltted.Young v. Young, 61 Tex. 191; Ex Parte Rice, 162 S. W. 891. There are several kinds of par- dons; thus a pardon may be full and uncondltlox+;' partial or conditional. Cam v. State, 19 Tex. App. 635; A pardon Is condltional:.where it does not become operativeuntil the grantee has performed some apecl- Sled act, or where it becomes void when some speclfled event transpires. Snodgrass v. State, 150 S. W. 162. Commutationof punishment Is the change of a punishmentto which a person has been sentencedto a less severe one. gnodgrass v. State, 150 S. W. 162. A reprieve 1s the withdrawingof a sentence for an interval of time whereby the executlonthere- of is postponed to a day certain. Snodgrassv. State, 150 s. w. 162. A parole Is the conditionalrelease of the convict before the expiration of his term, to remain subject, during the remainder thereof, to supervlsion by the public authority and to return to lmprlsonment on violation of the condition of the arole. of Prison Commissionersv. DeMoss, 16;'s. w. l%"'" The Court In-Corn.Rx. Rel, Banks v. Cain, reported In 143 A.L.R., p. 1473, held that the power of parole ofasan adminlstratlvefunction whidh does not impinge upon the judicialpower of‘sentencingthe accused in conformitywith the law; that the sentencewas in no- wise interferedwith; that the parolee was not dis- charged but merely serves the remainder of his sentence by having his llberty.restra+nedin a manner ana&OgOus .,-. State Boapd of Pardons and Paroles, Page 11 (V-415k- :I- ~~.$I to that emp1oyed.M the "trusty"or '%onor"'systemof prison discipline;and that a Parolee was merely serv: ing his time outside the prison walls which was In legal effect imprisonment. The Court further stated as Sollows: "A parole, . . . does not obliterate the crime or forgive the offender. It is not an act of clemencybut a penologlcalmeasure for the UlscipUnary treatment of prisoners who seem capable of rehabilitationoutside or prison walls. It does not set aside or affect the sentence;the convict remains in the legal custody of the state and under the control of Its agents, subject at any time, for a breach of condition,to be returned to the penal Institution. Neither Is a pa- role a commutationof sentence within the meaning of that term In the constitutional provision." The Constitutionconfers upon the Leglsla- t-e the power to define crimes and fix the punishment thereror. This Act does not authorize the courts or the Parole Board to suspend any law of this State; but the Legislaturehas provided that in certain contlngen- .cles,as part of the fixed punishment,the convicted defendant in felony cases may serve a portion of his sentenbe outslde the prison walls. This Act should be applied to and read Into each and every article or the penal code fixing unlshment for felony offenses. See Baker v. State, 15t;S. We.998. We are of the opinion that both the.probatlon and parole provisions of the Act in question constitute part of the punishmentprovided by the Legislatureto be inflictedon those who offend agalnst~ourcriminal laws. To illustratein reference to the burglary stat- ute, as was done by the Court in the Baker case,.supra, since the passage of H. B. 120, 'suchstatute now reads as roiiows: 'The offense of burglary Is constltut- ed by.enterlnga hou8.eby force with the $n- tent to commit the crime of theft, and the punishment~forthe crime shall be lmprison- ment In the penitentiarynot less than two nor more than twelve years, provided that IS before trial the person charged with the i:: ,@ St&e Board of Pardons and Paroles, Page 12 (v-415) offense shall request In writing that the issue of whether or not he has ever before been convicted of a felony shall be submitted to the Jury, and If the jury shall find that such person ought not in any event be confined In the penitentiaryfor a longer time than five years, and has never before been conyict- ed of a felony,'they may in their verdict fur- ther find that no punishment shall be assessed, If within a given,periodof time he commits no other offense against the laws of this. state; but in the event he shall commit another offense, then he should be punished by confine- ment in the penitentiaryfor a given period of time as stated in their verdict, and provided further, when it shall appear to'the satisfac- tion of the Court that the ends of justice and the best 'Interestsof the public as well,as the defendant will be subserved thereby, the court shall have the power after convictionor a plea of guilty, and where the maxlmum punish- ment assessed the defendant does'not.exceedten years Imprisonment,and where the defendanthas not been previously convicted of a felony, to suspend the Impositionor the execution of sen- tence end place the,defendant on probation for the maximum period of the sentence Imposed, in accordancewtth the ternis'andprOViSiOnS of H. B. 120, Fiftieth Legislature of Texas, Andy provided further that the Board of Pardons and Pkroles.is authorizedto release on parole with the approval of the Governor after he has been confined In any penal or correctionalin&i- tutlon in this State, and after.he has served one-third of the maximum'sentenceimposed, In accordancewith the provisions of:H. B. No. 120 of the Fiftieth Legislature. You will also note that the Se&ion il of Article IV of the Texas Constitutitinas amended in 1936 gave the Legislaturethe authority to enact arole laws. You will further note that paragraph (iP under Sec. 36 of the Act In question defines "ExecutiveClemency" to mean a "pardon,commutationof sentence, reprteve, remission of fine or forfeituregranted by the Govern05 or any of these, but not arole or any form of parole, and that in paragraph (JP under Sec. 36 It defines probation as the release of the convicted defendant by a court under conditionsimposed by the cotit. Thus we find that the  State Board of Pardons and Paroles, Page 13 (V-415) Constitutionas well as the Legislaturehas construed the terms 'parole"and "probation"as not to constitute an act of executive clemency. We have examined the de- cisions of the courts In other states and find that they have held that a parole is not a commutationof punishmentor a pardon. See State v. Duff, 144 Iowa 142, 122 NW 829, 24LRA (NS) 625, 138 Am. St. Rep. 269; Rx Parte Patterson,94 can. 439, 146 P. 1009; LRA 1915 F. 541; George v. Lillard, 106 Ky. 820, 51 SW 793, 1011; State ex rel. Bottomlr v. District Court. ~~gMo;tb~~:, 237 P. 525; State';. Peters, 43 Ohio St. 3 . The Court of Criminal Appeals In Rx Parte Black, 59 S. W. (2d) 828 held that a proclamationof the Governor which was termed a "furlough"and which merely postponed the time of servIngtithesensencewas .actuallya 'reprieve"and was not a parole. The Court further held that a parole in Its legal aspect has no relation to the power conferreduponthe Gov- ernor in Sec. 11 of Article IV of the State Constltu- tlon to grant reprieves, commutationsof punishment, or pardons.' Section 8 of the ActIn question creates a nomination committee for the purpose of certlfylng to the appointingauthoritiesprovided ln Sec. 11 of Article IV of our Constitution.persons eligible to be appointedto the Board of Pardons and Paroles. As stated above, It is.our opinion that this Section Is unconstitutionalin that It is in direct conflict with said Section of the Constitutionwhich-states that the only qualificationneeded to be eligible to be appointedto said Board is that the person appoint- ed shall have been.a resident citizen of the State of Texas for a period of not less than two years imme- diately preceding such appointment. 9 R.C.L. 1124; Dickson v. Strickland (S. Ct.) 265 S.W. 1012. Section 9 of the Act provides for the $~,OOO.OOannual salary of the members of the Board of Pardons and Paroles and further provides that the Board shall meet at the call of the chairman or from time to time as may.be determinedby a ma- jority vote of the Board, and that a majority of the Board shall constitutea quorum for the transaction of all business. This Section is valid. The por- tion thereof which provides for an annual salary of $~,OOO.OOis ineffectual,, as stated above, in that E 94~ State Board of Pardons and Paroles;Page 14 (V-415) H. B. No. 807 limits the salary of the members of the Board of Pardons in such amount as is provided for e the General AppropriationBill, which is there fixed at $4,764.00 for each year of the,'kurrentbiennium. &?&ion 10 pertains to ~theduties of the Board of Pardons and Paroles which seems to be clear, and unambiguousand needs no Interpretation. Section il merely pkvldes for office quar- ters of the Board. Section 12, we feel, should be quoted in full. It reads as follows: ?he Board Is hereby authorizedto release on parole with the apprwal.of the Governor any person confined in any penal or correctional,lnatltutlon~in this State, except persons-inidersentence of death, who has served one-third (l/3) of the e sentence.%npoeed,provided that in any . case he me9 be paroled after serving fif- teen (15)~years. All paroles shall Issue upon order of the Board..duly adopted and approved by the ffovernor. "Within one year after.hls admISsion and at such intervals thereaitiras It may determine, the Board shall secure and con- sider all pertinent Informationregarding each prlsoner, except any under sentence of death, including the circumstances Of his offense, his previous social history and criminal record, his conduct, employ- ment and attitude In prison, and the reports of such physical and mental examinationas have been made. "Before ordering the parole of any prisoner, the Board may have the,prisoner appear before It and intervfew him. e- role shall be ordered only for the best in- terest of society,not as an award of clem- ency; it shall not be consideredto be a reduction of sentence or pardon. A prison- er shall be placed on parole only when ar- rangementshave been made for his proper employment or for his maintenanceand care,  :.- - State Board of Pardons end Paroles, Page 15 (v-415)- 95. -; and when the Board believes that.he 18,. .ableand willing to Ailfill the obllga: tions,of a law abId% cltlzti. ,.Every rlsoner while on psrole shall remain In e legal custody of the lnstltutlonfrom which he was released but shall be amena- ble to the orders of the Board. "The Board may adopt such other rules not Inconsistentwith law as it may seem proper or necesssry,wlthrespect to the ellgibllltyof prisoners for parole, the conduct of parole hearings, or conditions to be Imposed upon paroles. Whenever an order for parole is Issued it shall recite Ihe conditionathereof. "It shall be the duty of the Board at least ten (lO).daysbefore ordering the pa- role of.any prisoner or upon the granting of executive clemency by the'Governorto notify the Sheriff, the District Attorney and the District Ju e in the county,wheresuch per- 9 cted that such,p@roleor clem-, son was conv tncy iS belng consideredby the Board or by the Governor. "If no probation and parole offlcer.has been assigned to the locality where a person. Is to be.releassdon parole ~orexecutive~clem~ fncy the Board shall,notifythe chairman of the Volunteer Parole Board of such co+y prior to the release of such person. The Board shall request such Volunteer Parole.Board,in the absence of a probation and parole officer for informationwhich would hereinbe required of such duly appointedprobation and parole of- ficer. This shall not however preclude the Board.fromrequesting yormation from any agency In such locality. (Ukderscoringours) Sections 13, 14, 15, 16, 17, .and18 have refer- ence to the powers and duties of the judges, blstrlct.at- torneys, county attorneys,,pollceofficers, prison offl- clals, and Board of Pardons end Paroles In ZWferpXW to administeringthis law. Thea6 Sections appear to be plain and unambiguous,and we know of no provision of the Constitutionwith which they conflict. State Board $Pardons'and P&roles,.Page,l6.(V-415)~ Section 19 authorizes the Board,upon a.show- ing of probable violation of parole to issue a warrant for the return of any paroled prisoner to the lnstltu- tlon from which he was paroled. It further provides that after the isstianceof such warrant the parolee shall~bedeemed a fugitive from Justice. As stated above,,theConstltutlonof Texas grants to the Gover- nor the sole power to revoke a parole., Until the Gov- ernor has exercised such power,>theparolee Is entitled. to his liberty. Section 19 Is thereforeuncontitltutlon- al. The first paragraph of Section 20 reads as follows: 'Any prisoner whopcommits a felony while at large upon parole and who is con- 'victed and sentenced therefor may be re- quired by the Board to'serve such sentencer after t$F original.senteneeh?s bten corn- pleted. It ls'our opinion that this portion 6f See. 20 ti uncon; stitutlonalIn that it makes it'dlscretlonarywith the Board of Pardons and Paroles as to whether.or.'nota per- I son who is convicted and sentencedfor a felony~~hlleat large upon a parole, will serve such sentence'asimposed by the Court- after the original sentence has been com- pleted." The .Leglslaturehad the authority, as here- tofore stated, to grant to the.Board the authorityto release a prisoner under a parole, as such act does not amount to executive clemency; but it does not have the authority to vest in an administrativeboard the power to determ+e the tIniswhen a person convicted of a penal offense will be required to serve his sentence. Whether the sentences shall run concurrentlyor cumulatively is a judicial function. The follow~~~~portlonof Section 20 attempts to give the Board of Pardons and Paroles the authority to revoke paroles. As heretofore stated, this power has been conferredupon the Governor by the Constitu- tion of Texas, and the Legislaturedoes not have the authority to grant that power to said Board or to any- one else. Section 21 provides that when a paroled prl- soner has performed the,oblSgatlonsof his parole for such time~as shall satisfy the Board that his final re- lease is not incompatiblewith his welfare and that of State Board of Pa&dons and Paroleti,/Page 17 (V-415fr f%$ society, the Board of Pardons and Pai?olesmay'make a final order of dischargeand Issue to'the paroled - prisoner a certificateof discharge; It ls.our opln- Ion that Section 21 is unconstitutionalIn that such order of discharge end the IssuSmce'tothe paroled prisoner of a certificateof diticharge would In legal effect amount to a pardon.ln that it would exempt the person from the unexpiredportion of the punishment inflictedupon him for the crime he had committed. As the Constitutionconfers the sole right of grant- ing pardons to the Gove-or, the Legislaturedoes not have the ,authorityto grant this power to any other person 07 board. If the Board has power to reduce the maximum sentence,by releasing from parole before the expirationof that sentence,it has power to commute sentences,which authority,as heretofore stated, has been placed exclusivelyin the hands of.the Governor by the Constitution. And to pennit such action on the part of the Board would clearly interfere with the lawful judgmentof 6 court. Board of Prison Com'rs. v. DeMoss KY.) 163 Si W. 183; Woods v. State (KY.) 169 S. W. 54 ; Crimnonwealth.ofPenn., Ex Rel Banks v. Cain et al, 143 A.L.R. 1473. .,' Stcticin22 proV$des that the~Boar&of Pai?- ~~~ie-'irila'-P~~~~s;'upon requ&st of the Governor,~.shall invtiiitigate and report to the,GoVeTnorIn ~Feference to'sny person whqJiisbeing-,coxisldered by the Governor foYpardon, caaenutation of sentencei reprieve, or r+- misslomof fine or forfeitureand to make recommenda- tions thereon. mls Section Is ~J.n harmony with Sec- tion 11 of Article IV of our Constitutionand there- I fore In all respectsvalid. Section 23 of the Act provlde~sfor the Board appointinga person to the position of 'Di- rector of Probation and Paroles".anddefines the duties of,,suchofficer. This Section contemplates that such officer should receive a salary and per- form full-timeduties, but the Legislaturehas failed to make an appropriationfor such salary; and by reason thereof said S~ectionwill have no force and effect until such time.as a subsequent Legislaturemay make such appropriation. Sections 24, 25, 26, 27, 28;and 29 pro- vide for the appointmentof probation and parole of- fleers and define their duties and powers sindprovide for their assignment to various courts of the State. :;_-Y. gfJ State Boardcf Pardons and Paroles.,~ Page ,18(V-415) It is contemplated from such,Sect$.onsthat these pro- bation and parole officers are to be full-time employ- ees and receive a salary for their services. &wever , the Legislature has made no appropriationsto pay the salaries of such officers and by reason thereof, such Sections are ineffectual until a subsequent Leglsla- ture appropriatesmonies with which to pay the salar- ies of such officers. You will note that in Section 12 of.this. Act it is provided that in the event no probation 'and parole officer has been assigned to the locality where a person is to be released on parole or execu- tive clemency, the Board shall notify the chairman of the Volunteer Parole Board of,~suchcounty prior to the release of such person, and that the Board shall request such Volunteer Parole Board, in the absence of a~probatlon and parole officer, for in- formation which would thereInbe required of such duly appointed probatlon~andparole officer; snd that Sectlon~fkrtherprovides thatthe Board Is not excluded from requesting Information from any agency in such locality. We realize that In the absence of a paid "Directorof Probation-sndPsrold~,~ and in the absence 'orpaid *Probation and-Parole Officers," assigned to the various courts throughout the State; and by reason ofthe insufficiencyof,the appropria- tions with which to carry out the provisions of this and Paroles will be handi- Act, the Board Of Ps.??dOns~ capped In their efforts In administeringthis law. However, the various Volunteer Parole Boards, the county officials, and peace officers will doubtless co-operatewith the Board lnevery way and will be able, to a great extent, to perform the duties con- templated to be performed by these officers. Section 30 of the Act reads as follows: "The provisions of this act are here- by extended to all persons who, at the ef- fective date thereof, are eligible to be placed on parole under the terms of this act with the same force and effect as if this act had been In operation at the time of such person's becoming eligible to be placed on parole.," It is onr opinion that this provlsion is con- StltutiQnal. Although at the time of these prior con- victims this parole law was not written into the pre- scribed punishment, the Governor upon recommendationof  99 State Board of Pardons and Paroles, Page 19 (v-415) the~Board of Pardons and Paroles has the payer, after conviction,to grant pardons. Sec. 11, Art.,IV, Texas Constitution. .UMer.thls authority the Governor has heretofore granted conditionalpardons, which, in fact, amounted to releasingunder parole~as provided In this Act. As stated by the Courts, the Governor has the power to grant a partial pardon and place any conditionstherein that are not "illegal,im- moral or incapable of performance." This Act pro- vides IIIeffect that the parole granted by the Pardon Board shall not be effectiveuntil approved by the Governor. Therefore, In approvinga parole granted to a person convictedbefore the effective date of this Act, the Governor would be In fact exercising his constitutional ower of executive clemency. Woods v. State (KY.7 169 S. W. 558. Section 31 pertains to fees paid to vari- ous officers in criminal cases and provides that'the placing of a defendant on probation shall be conslder- ed a flnal dlsposltlonof the case. This Section is plain, unambiguous,and constitutional. Section 32 pr&'id&s that the .Act shall not begconstrued to pre- vent or limit the exercise.bythe Governor of the p6irir'rs'of executive clemency. This Section is plain, unsmblgiuous,and constitutional. Section 33 provides that this Act shall not apply to parole 'i'ram$nstl- tutlons for Juveniles... This Section Is plain, unam- blguous,.andconstitutional. Seatlon 34 repeazs the old parole law and all laws or parts of laws-in con- flict with the Act. It sp.eclflcally provides that.' this Act shall not be cq&trued.as repealing Arts. 776 through 781 of Vernon's -Annbtat&d.Statutes, Code of Criminal Procedure,which Is conrmonly.known as the suspended sentence law. These provlslons are valid. Section 35 of the Act provides that If any section, paragraph,part, sentence, clause, or phrase of the Act be held unconstltutlonal,that it shall not affect the validity of the remalnder,.andde- clares that the Legislaturewould have passed each and every section, paragraph,,part,sqntence, clause, and phrase of this Act severally. It Is oti opinion that although, as pointed out above, several sections or portions thereof are unconstitutional,the valid portions remaining constitutea full end complete act within Itself and should be administeredby those en- trusted therewith. .1, = L-. L&&l “:: State Board of Pardons and Paroles, Page 20 (V-4:5) Section 36 deflnee'varlouswords andterms used in the Act. We find nothing In these definitions which ln any way conflictswith our Constltutlon;but, on the contrary, the,definitlonsappear to be ln har- mony therewith. House Bill 120, '.0th Leglslature.(Pro- batlon and Parole Law7'In granting power to courts of record to place a convictedperson on probation and in granting power to the Board of Pardons and Paroles to release on parole a'convlctedperson Is constitutional. A parole is not,a reprieve or sny form or executive clemency. County courts, corpora- tion courts, e&justice courts do not have the power, after conviction,to place the defends& on'probatlon. Section 8 of said Act creating a nomination committee to cer-, tify to the appointing authorltlesthose ap- pllc~ts~kho are ellggiblefor appointment.'~.. to'the Board of Pardons and Paroles is uncon- stltutionalbecause it is in conflictwith Sec. 11 of Art. IV of the Texas Constitution. Section 20 of the Act, wherein it attempts to. authorize the Board of Pardons and Paroles to revoke paroles 1s unconstitutionalIn that it' is In conflict with Sec. 11 of Art. IV of the Texas Constitution,which provides that "The Wizn$r shall have the:power to revoke pa-' Unless and until the Governor re- vokes-the parole, the parolee 1s~entitled to serve hls"sentence outside the prison walls. Each member of the Board of Pardons snd Paroles is entitled to receive an annual salary of $4,764.00 during the present blen- nium. It is the duty.of the Board of Pardons and Paroles to administer this Act insofar as they ten with whatever funds are available to them. The Board of Pardons and Paroles in making recommendationsto the Governor for executive clemency 1s not required to con- sider the provisions of this~Act. Whenever a court revokes a probation, the probationer may'appeal the revocation to the Court ef '~' CrlmlnaIAppeals. The determinationof.wheth- er a sentence under a subsequentconviction  ;I -’ to* State Board of Pardonsand Paroles, Page 21 (v-415)"; shall be cumulativeor concurrent is a judicial function,and that portion of Sec. 20 of the Act attemptlngto confer this power upon the Board of Pardons and Paroles is unconstitutional. The Board of Pardons does not have the power to dls- charge a convictedperson who has been pa- roled, before he has served the maxImum term of his sentence,as such an act would be a pardon; and this power has been vest- ed solely in the Governor by the Constitu- tion. Persons convictedbefore the effec- tive date of this Act are eligible for parole by virtue of .the.Governor's par- doning power. Except as herein pointed out, this Act is constitutional. Sec. 11, Art. IV, Tex. Const.; Sec. ZlA, Art. IV, Tex. Const.; Snodgrass v. State, 150 S.W. 162; Baker v. State, 158 S. W. 998; Rx Parte Black, 59 S. W. (2d) 828. Yours very truly ATTORREYGERERALOFTEXAS W. V. Geppert Assistant WVG/JCP APPROVEII: F*T+ ATTOREEYGEEERAL 

Eating Share Along with shopping, eating ranks as the national pastime of Singaporeans, and a mind-boggling number of food outlets on just about every street cater to this obsession. One of the joys of the local eating scene is its distinctive and affordable street food, featuring Chinese and Indian dishes you won’t find in China or India, served up in myriad hawker centres and food courts, as is great Malay and Indonesian food. Also worth discovering is Nonya cooking, a hybrid of Chinese and Malay cooking styles developed by the Peranakan community. Western food of all kinds is plentiful too, though it tends to be pricier than other cuisines from Asia, which are equally available. Quite a few of the more run-of-the-mill restaurants swing both ways by offering both Western and Asian dishes, and there’s no shortage of upmarket places serving a fusion of the two.

PORN PHOTOS FROM THE 2011 AIR SEX CHAMPIONSHIP! I will let these photos speak for themselves!

1980 UK Athletics Championships The 1980 UK Athletics Championships was the national championship in outdoor track and field for the United Kingdom held at Crystal Palace Athletics Stadium, London. Three events were contested separately at Meadowbank Stadium, Edinburgh – the women's 1500 metres and men's 800 metres and 5000 metres. This set of events served as the British Olympic Team Trials for the 1980 Summer Olympics. Two new events were contested for the first time: a men's 10,000 metres track walk and a women's 5000 metres track walk. It was the fourth edition of the competition limited to British athletes only, launched as an alternative to the AAA Championships, which was open to foreign competitors. However, due to the fact that the calibre of national competition remained greater at the AAA event, the UK Championships this year were not considered the principal national championship event by some statisticians, such as the National Union of Track Statisticians (NUTS). Many of the athletes below also competed at the 1980 AAA Championships. Women's discus thrower Meg Ritchie took a record fourth consecutive UK title. David Ottley won a third straight title in the javelin throw. Five other athletes defended their 1979 titles: Gary Oakes in the 400 metres hurdles, Heather Hunte in the women's 100 m, Christina Boxer in the women's 800 m, Shirley Strong in the women's 100 metres hurdles and Angela Littlewood in the women's shot put. Two athletes achieved a championship double: Cameron Sharp edged out Drew McMaster in both the men's 100 metres and 200 metres, and David Moorcroft claimed a 1500/5000 m double. At the 1980 Moscow Olympics, one participant at the UK trials won an individual medal – hurdles champion Gary Oakes took Olympic bronze. The four women who took the top three in the short sprints (Hunte, Kathy Smallwood, Beverley Goddard, and Sonia Lannaman) combined to win an Olympic bronze in the 4 × 100 metres relay, and the top three in the women's 400 metres (Linsey Macdonald, Joslyn Hoyte-Smith and Michelle Probert) joined Donna Hartley to take the 4 × 400 metres relay Olympic bronze. Allan Wells, Sebastian Coe, Steve Ovett and Daley Thompson made the 1980 Olympic podium, but were not present at this national event. Medal summary Men Women References Category:UK Athletics Championships UK Outdoor Championships Athletics Outdoor Category:Sports competitions in Edinburgh Category:Sports competitions in London Category:Athletics competitions in England UK Athletics Championships

After Vice President Mike Pence brokered a five-day ceasefire with Turkey on Thursday, President Trump hailed the agreement as a milestone in the region. But some top Senate Republicans appeared less convinced, expressing concerns with both the ceasefire and the president's overall Syria strategy. "The 'ceasefire' is far from a victory," tweeted Senator Mitt Romney. "Iran has been given a stronger hand in Syria," the Utah Republican wrote in another tweet. "Russia's influence in the Middle East has been greatly enhanced." Romney is one of the Republicans who have been most critical of Mr. Trump. But even the president's Senate allies, including Majority Leader Mitch McConnell and Senator Lindsey Graham, have expressed concerns. Get Breaking News Delivered to Your Inbox In a Friday op-ed in The Washington Post, McConnell wrote that "withdrawing U.S. forces from Syria is a grave strategic mistake," that "will leave the American people and homeland less safe, embolden our enemies, and weaken important alliances." McConnell also targeted Mr. Trump's repeated pledge to "end America's endless wars." "As neo-isolationism rears its head on both the left and the right," he wrote, "we can expect to hear more talk of 'endless wars.' ... America's wars will be 'endless' only if America refuses to win them." Senator Graham also shared his concerns, tweeting that General Mazloum Abdi, the commander of the Syrian Democratic Forces, is "concerned about the cease-fire holding and was emphatic that he will never agree to the ethnic cleansing of Kurds that is being proposed in Ankara." "I hope we can find a win-win situation," Graham said, "but I share General Mazloum's concerns. I also told him that Congress will stay very involved and is extremely sympathetic to the plight of the Kurds." That stands in contrast to Mr. Trump, who said on Wednesday that the Kurds were "no angels." Their comments came after a tumultuous week and a half of foreign relations. In early October, Mr. Trump called for the withdrawal of U.S. troops from northern Syria, where they had been working with Kurdish allies to defeat ISIS. While Mr. Trump asked Turkish President Recep Tayyip Erdogan not to invade the region, Erdogan nevertheless launched an offensive that has thrown the region into chaos. On Thursday, Pence brokered a five-day ceasefire. But within hours, reports surfaced of continued attacks on northern Syria. Mr. Trump said on Friday afternoon that the violence was "eliminated quickly" and that Turkey was "back to a full pause," but the reports led to fears that Turkey won't abide by the ceasefire. The greater concern for Senate Republicans, however, appears to be not whether the ceasefire will be respected, but what impact the withdrawal of U.S. troops from northern Syria will have. They, along with others, fear that the pullout will reverse the progress made against ISIS and other terror groups. "Even if the five-day cease-fire announced Thursday holds, events of the past week have set back the United States' campaign against the Islamic State and other terrorists," McConnell wrote in his op-ed. McConnell added that "there is no substitute for American leadership," and called for the U.S. to "retain a limited military presence in Syria and maintain our presence in Iraq and elsewhere in the region." The majority leader also urged the U.S. to "redouble international efforts to pressure the Assad regime ... [and] finally pass the Caesar Syria Civilian Protection Act to hold the regime accountable for its atrocities."

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--- abstract: 'It is agreed that Chandrasekhar mass and central density of white dwarfs are independent, which means that there is a whole series of stars having radius and central density as parameters that all have the same Chandrasekhar mass. In this article the influence of a quantum gravity is shown so the Chandrasekhar limits (mass and radius) depend explicitly on the central density and gravity parameters. A new polytropic relation between degenerate pressure of the star and its density is investigated. This leads to a modification in Lane-Emden equation and mass and radius formulas of the star. A modified Lane-Emden equation is solved numerically with consideration to the mass density of the star depends on its radius. The solution used in calculating the mass and radius limit of the white dwarf. It was found that mass and radius limits decrease due to increase in central density and gravity parameters in a comparison with the original values. We can say that central density and quantum gravity constitute a new tool that can help to make the theoretical values corresponding to experimental observations apply in a better manner.' author: - Mohamed Moussa title: Quantum Gravity Corrections in Chandrasekhar Limits --- c ł Ł ø Ø Introduction ============ The most important prediction of a various quantum theories of gravity is the existence of minimum measurable length and a maximum measurable momentum near the Planck scale, and hence the continuum picture of spacetime breaks down. The black holes physics indicates that the minimum length is of order of the Planck length which should act as an universal feature of all models of quantum gravity Ref.[@1; @2]. Also, in the context of perturbative string theory, the strings are the smallest probe available, and so, it is not possible to probe the spacetime below the string length scale. Thus the string length scale acts as a minimum measurable length in string theory Ref.[@3; @4; @5; @6; @7]. This makes generalization process of uncertainty principle is a significant request in physics. The results is a presence of a deformed or generalized uncertainty principle (GUP) which is equivalent to a modification in the commutation relations between position coordinates and momenta (deformed Heisenberg algebra) Ref.[@6; @7; @8; @9; @10; @11; @12; @13; @14; @15]. It is known that the familiar uncertainty relation is closely related to the canonical Heisenberg algebra, this way the modified canonical Heisenberg algebra is related to a non-canonical one. So that the commutator of the position and momentum operators becomes momentum dependent, instead of a constant. With this non-canonical algebra, the coordinate representation of the momentum operator get modified, and this in turn produces correction terms for all quantum mechanical systems. On the other hand, Doubly Special Relativity (DSR), another approach to quantum gravity, leads to a deformation in Heisenberg algebra,[@16; @17; @18]. It inspires both the velocity of light and Planck energy as universal constants. The deformed Heisenberg algebra studied in DSR theory has been predicted from many consequences, such as, discrete spacetime Ref.[@19], spontaneous symmetry breaking of Lorentz invariance in string field theory Ref.[@18], spacetime foam models Ref.[@20], spin-network in loop quantum gravity Ref.[@21], non-commutative geometry Ref.[@22], and Horava-Lifshtz gravity Ref.[@23]. Another approach to quantum gravity through a modification in dispersion relation, this condition implies a breakdown of Lorentz symmetry Ref.[@20; @123; @223]. This model was tested extensively in physics, for example Ref.[@323; @423; @523; @623]. Ali, Das and Vagenas Ref.[@24; @25] worked on a new approach for quantum gravity. They suggested commutators that are consistent with string theory, black hole physics and DSR and ensure $\le[x_i,x_j\ri]=\le[p_i,p_j\ri]=0$ (via Jacobi identity). The new commutator have the following form $$\label{1} \le[x_i,p_j\ri]=i\hb \le[ \d_{ij}-\a \le( p\a_{ij}+\dfrac{p_ip_j}{p} \ri)+\a^2(p^2\d_{ij} + 3p_ip_j ) \ri]$$ where $\a=\frac{\a_0}{M_{P}c}=\frac{\a_0l_{P}}{\hb}$. Where $M_{P}$, $l_{P}$ and $M_{P}c^2$ are Planck mass, length and energy, respectively. This in turn imply a minimum measurable length and a maximum measurable momentum in such a way $\D x\geq (\D x)_{min}\approx \a_0~l_{P}$ and $\D p\leq (\D p)_{max}\approx \frac{M_{P}~c}{\a_0}$. As a result, according to Eq.(\[1\]), GUP modifies the physical momentum Ref.[@24; @25; @26] $$\label{3} x_i=x_{0i}~~~~,~~~~p_i=p_{0i}\le(1-\a p_0+2\a^2p_0^2\ri)$$ where $x_{0i}$ and $p_{0i}$ satisfying the canonical commutation relation $\le[x_{0i},p_{0i}\ri]=i\hbar \d_{ij}$, so we can consider $p_i$ as a momentum in Planck scale and $p_{0i}$ as a momentum at low energies (having standard representation in position space $p_{0i}=-i\hbar\frac{\pa}{\pa x_{0i}}$). It is assumed that the dimensionless parameter $\a_0$ is of the order of unity, in which case the $\a$ dependent terms are important when energies (momenta) are comparable to Planck energy (momenta) and length is comparable to the Planck length Ref.[@24]. The upper bounds on the GUP parameter $\a$ have been derived in a lot of previous works for example Refs.[@26; @27; @28; @29; @30; @31; @32]. On the other hand the current observation indicates that the white dwarf has smaller radius than the theoretical predictions. This is lead us to introduce quantum gravity as a tool to explain this defect. It is worth mentioning that this problem is considered with many quantum gravity approaches. In Ref. [@34] Camacho assume that a constant density of white dwarf and he calculated the star radius with the modified dispersion relation that caused by a breakdown in Lorentz symmetry. It is found that the change in the star radius depends on the sign of the quantum gravity parameter. Amelino-Camélia et al Ref. [@35] try to improve these results using a small modification in density of state by assuming that the law of composition of momenta affects the rules of integration over energy-momentum space and these are crucially relevant for Chandrasekhar analysis. The authors in [@36] extend the analysis of Camacho by stopping the unphysical assumption of constant density. They assumed that the density is not constant throughout the star and reported the numerical solutions to the exact equations for the Chandrasekhar. The result is the realistic density shows a significant corrections at Planck scale and the mass limit is raised or lowered according to the sign of the modification. The stability of white dwarfs is also examined using a non-commutative geometry concept in [@37]. Another approach of generalized uncertainty principle is contracted, concepts of this approach is reported Ref [@7; @14; @15; @38]. Using this approach the author in [@39; @40; @140] found that quantum gravity correction depends on the number density of the star and it tends to resist the star collapse. We will consider Chandrasekhar limit with this quantum gravity approach. The analysis in [@41; @42] will be extended by disregarding the unphysical assumption of constant density. In fact pressure and density of the star depend on the star radius. The modified star pressure will be calculated which leads to a modification in Lane-Emden equation. This equation will be solved numerically in order to determine the the quantum gravity corrections on the mass and radius of the star. Modified Pressure inside White Dwarfs ===================================== In order to investigate quantum gravity effects the statistical mechanical equations should be put in a form consistent with GUP framework. The GUP can be considered in phase space analysis by two equivalent ways. First considering deformed commutator with non-deformed Hamiltonian function (i.e. deformed the measure of integration). Second calculating canonical variables on the GUP corrected phase space which satisfy the standard commutative algebra (i.e. non-deformed standard measure of integration), in this case the Hamiltonian function should be deformed. These two pictures are related to each other by Darboux theorem. In this work we will consider a deformed measure of integration with non-deformed Hamiltonian function. In order to do that the effect of GUP on the density of states should be considered in such that the number of microstates inside the phase space volume does not change with time, this what is called Liouville theorem [@33; @333]. To do that let us begin with the Heisenberg equations of motion $$\begin{aligned} \label{v1} \dot{x}=\dfrac{1}{i\hbar}\le[x,H\ri]~~~~,~~~~\dot{p}=\dfrac{1}{i\hbar}\le[p,H\ri]\end{aligned}$$ Using the correspondence principle between commutator in quantum mechanics and poisson bracket in classical mechanics the classical limit of the equation of motions are $$\begin{aligned} \dot{x_i}=\{x_i,H\}=\{x_i,p_j\}~\dfrac{\pa H}{\pa p_j} \label{v2}\\ \dot{p_i}=\{p_i,H\}=-\{x_j,p_i\}~\dfrac{\pa H}{\pa x_j} \label{v3}\end{aligned}$$ Now suppose the evolution of coordinate and momentum during an infinitesimal time interval $\d t$ such that $$\begin{aligned} x_i'=x_i+\d x_i \label{v4} \\ p_i'=p_i+\d p_i \label{v5}\end{aligned}$$ Taking into account Eqs. (\[v2\],\[v3\]) the infinitesimal change in coordinate and momentum may be written as $$\begin{aligned} \d x_i=\{x_i,p_j\}~\dfrac{\pa H}{\pa p_j}~\d t \label{v6} \\ \d p_i=-\{x_j,p_i\}~\dfrac{\pa H}{\pa x_j}~\d t \label{v7}\end{aligned}$$ After infinitesimal evolution the infinitesimal phase space volume should be $$\begin{aligned} \nonumber d^Dx'~d^Dp'=\le|\dfrac{\pa(x'_1,...,x'_D,p'_1,...,p'_D)}{\pa(x_1,...,x_D,p_1,...,p_D)}\ri|d^Dx~d^Dp~~~~\\ =\le[1+\le(\dfrac{\pa \d x_i}{\pa x_i}+\dfrac{\pa \d p_i}{\pa p_i}\ri)+...\ri]d^Dx~d^Dp \label{v8}\end{aligned}$$ In Eq.(\[v8\]) we kept the Jacobian terms of first order in $\d t$ and used Eqs.(\[v4\],\[v5\]). Now by using Eqs.(\[v6\],\[v7\]) we can prove that $$\begin{aligned} \nonumber \le(\dfrac{\pa \d x_i}{\pa x_i}+\dfrac{\pa \d p_i}{\pa p_i}\ri)\dfrac{1}{\d t}~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ \\ \nonumber =\dfrac{\pa }{\pa x_i} \le[\{x_i,p_j\}\dfrac{\pa H}{\pa p_j}\ri]-\dfrac{\pa }{\pa p_i}\le[\{x_j,p_i\}\dfrac{\pa H}{\pa x_j}\ri]\\ \nonumber =-\dfrac{\pa}{\pa p_i}\le[\d_{ij}-\a \le(p\d_{ij}+\dfrac{p_ip_j}{p}\ri)\ri]~~~~~~~~~~~~\\ =\a (D+1)\dfrac{p_j}{p}\dfrac{\pa H}{\pa x_j}~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~\label{v9}\end{aligned}$$ Use Eq.(\[v9\]) into Eq.(\[v8\]) $$\begin{aligned} \nonumber d^Dx'~d^Dp'=\le[1+\a (D+1)\dfrac{p_j}{p}\dfrac{\pa H}{\pa x_j}~\d t\ri]d^Dx~d^Dp \\ =\le[1+\a \dfrac{p_j}{p}\dfrac{\pa H}{\pa x_j}~\d t\ri]^{D+1}d^Dx~d^Dp ~~~~ \label{v10}\end{aligned}$$ Also we can prove that $$\begin{aligned} \nonumber 1-\a p'=1-\a \sqrt{p_i'p_i'}~~~~~~~~~~~~~~~~~~~~~\\ =1-\a \sqrt{(p_i+\d p_i)(p_i+\d p_i)} \label{v11}\end{aligned}$$ keeping only terms proportional to $\a$ and use Eq.(\[v7\]), one gets $$\begin{aligned} 1-\a p'\simeq(1-\a p)\le[1+\a \dfrac{p_j}{p}\dfrac{\pa H}{\pa x_j}~\d t\ri] \label{v12}\end{aligned}$$ Use Eq.(\[v12\]) into Eq.(\[v10\]) and integrate over coordinate space volume $$\begin{aligned} \dfrac{V}{h^D}\dfrac{d^Dp'}{(1-\a p')^{D+1}}=\dfrac{V}{h^D}\dfrac{d^Dp}{(1-\a p)^{D+1}} \label{v13}\end{aligned}$$ This equation shows that the number of states inside a volume of phase space does not change with time evolution in the GUP regime. So it is clear that the density of microstates should be modified by the factor $(1-\a p)^{-D-1}$. According to these concepts the modification in the number of quantum states per momentum per space volume, in $3D$ dimensions, should be $$\begin{aligned} \dfrac{4\pi V}{h^3}\int p^2dp \rightarrow \dfrac{4\pi V}{h^3}\int \dfrac{p^2dp}{(1-\a p)^4} \label{v14}\end{aligned}$$ On the other hand a white dwarf star is the end product of stellar evolution, of masses $M\lesssim 8M_{\odot}$, after burning up through nuclear processes. most hydrogen and helium that are contained in stellar mass are transformed into carbon, silicon, oxygen or may be iron. In such stars the most of the mass density is contributed by a non-degenerate ions gas. So the he internal temperature of most white dwarfs is of order $10^6$ to $10^7 K$. For electrons the Fermi energy $E_f > m_e=0.511 ~MeV \sim ~6 \times 10^9 K$. Thus the Fermi energy of the electrons in such systems is higher than the kinetic temperature of the environment so it is satisfying the degeneracy condition, so the electrons can be taken to be a zero- temperature Fermi gas. Because the white dwarfs actually have a non-zero temperature, they have a finite luminosity due to the radiation of heat energy. The interior of the white dwarf is completely degenerate and the conductivity of the interior is high so it may be considered isothermal. Cooling of white dwarf occurs only over the surface of the star which has a lower temperature due to radiation. So that the equation of state for degenerate matter will be inapplicable near the surface of white dwarf. It means that the surface layer of the white dwarf needs to be treated separately. The effect of this mechanism in white dwarf is out of the scope of this article and we will consider that the pressure all over the star due to electrons in the degenerate regime with zero-temperature. According to the uncertainty principle the quantum pressure of degenerate electrons will holding up a white dwarf from Newtonian gravitational collapse. So in order to calculate the thermodynamic properties for that quantum system, we should deal with the degenerate interior of these stars. Using the deformed density of states, Eq.(\[v14\]), we can calculate the number density of degenerate electrons as [@43] $$\label{c1} n_e=\dfrac{8\pi}{h^3}\int_{0}^{p_f} \dfrac{p^2dp}{(1-\a p)^4}\simeq \dfrac{8\pi}{h^3} \le(\dfrac{1}{3} p_f^3 +\a p_f^4\ri)$$ Solving Fermi momentum, keeping the terms of order $\sim \a$, one gets $$\label{c2} p_f=\le( \frac{3h^3n_e}{8\pi} \ri)^{1/3}-\a \le( \frac{3h^3n_e}{8\pi}\ri)^{2/3}$$ The pressure of fermions will be calculated using Fermi-Dirac statistics with modified phase space $$\label{c3} P_0=\dfrac{8\pi}{h^3}\dfrac{1}{\b}\int ln\le[1+z e^{-\b(E-mc^2)}\ri]\dfrac{p^2dp}{(1-\a p)^4}$$ where $E^2=c^2p^2+m^2c^4$. Integrate the above integral by parts and then apply the condition of degeneracy; the pressure of electrons in a completely degenerate state will take the form $$\begin{aligned} \label{c5} P_0=\dfrac{8\pi}{3h^3}\int^{p_f}_{0} \dfrac{\pa E}{\pa p}\dfrac{p^3dp}{(1-\a p)^3}=\dfrac{8\pi c^2}{3h^3}\int^{p_f}_{0} \dfrac{1}{\le(c^2p^2+m^2c^4\ri)^{1/2}}\dfrac{p^4dp}{(1-\a p)^3}\end{aligned}$$ Using the substitution $p=mc\sinh{x}$; one can find that $\frac{p^4dp}{(1-\a p)^3}=m^5c^5\cosh{x}\sinh^4{x}(1+3\a mc\sinh{x})dx$, then $$\begin{aligned} \label{c8} P_0=\dfrac{8\pi m^4c^5}{3h^3} \int^{x_f}_{0}\le(1+3\a mc\sinh{x}\ri)\sinh^4{x}dx =\dfrac{8\pi m^4c^5}{3h^3} \le[A(y)+3\a mc B(y)\ri]\end{aligned}$$ where $$\begin{aligned} \label{c10} \nonumber y=\dfrac{p_f}{mc}=\sinh{x_f}~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~\\ =\le(\frac{3}{\pi}\ri)^{1/3}\frac{h}{2mc}n_e^{1/3}-\a \le(\frac{3}{\pi}\ri)^{2/3}\frac{h^2}{4mc}n_e^{2/3}~~~~~~~~~\\ A(y)=\dfrac{1}{8}\le[3~ln\le(y+\sqrt {1+y^2}\ri)+y\le(2y^2-3\ri)\sqrt{1+y^2} \ri]\\ B(y)=\dfrac{\sqrt{1+y^2}}{15}\le[ 8-4y^2+3y^4\ri]-\dfrac{8}{15}~~~~~~~~~~~~~~~~~~~~~\end{aligned}$$ For the construction of stellar models we need the matter density $\r$ instead of the electron number density $n_e$, they are related through the relation $n_e=\frac{\r}{m_uu_e}$, where $u_e$ is called the molecular weight per electron and $m_u=1.6605\times 10^{-27}Kg$ is the atomic mass unit. When the electron gas is in a low density $y\ll 1$, we can use a non-relativistic dynamics, the pressure in this case looks like $$\label{c14} P=N_1\r^{5/3}+\a N_2\r^2$$ $$\label{c15} N_1=\frac{1}{20}\le(\frac{3}{\pi}\ri)^{2/3}\frac{h^2}{m(m_uu_e)^{5/3}}~~~~~,~~~~~ N_2=-\frac{1}{16} \le(\frac{3}{\pi}\ri)\frac{h^3}{ m(m_uu_e)^2}$$ When the electron gas is in a high density $y\gg 1$, that relativistic effect comes to play strongly such that the pressure will look like $$\label{c16} P=K_1\r^{4/3}+\a K_2\r^{5/3}$$ $$\label{c17} K_1=\frac{1}{8}\le(\frac{3}{\pi}\ri)^{1/3}\frac{ch}{(m_uu_e)^{4/3}}~~~~~,~~~~~ K_2=-\frac{1}{10}\le(\frac{3}{\pi}\ri)^{2/3}\frac{ch^2}{(m_uu_e)^{5/3}}$$ From these expressions we see that pressure of a completely degenerate electrons depends on density. As the density increases, degeneracy pressure increases as well, and the pressure gradients which develops inside the star is sufficient to support the equilibrium against gravitational contraction. In non-relativistic and extreme relativistic cases the degenerate gas of electrons behaves as a perfect gas with a polytropic equation of state and the pressure decreases due to the presence of quantum gravity. It is worth mentioning that there are some physical aspects that may alter the equation of state . It should be corrected because of Coulomb corrections. At low densities the ions can not be treated as an ideal gas, the Coulomb interaction makes them form a solid lattice structure. This effect is small, and can be ignored, in the case of astrophysical objects with extreme relativistic limit. It is of order $\sim 10^{-2}$. This effect should be taken into account in case of low densities with non-relativistic limits which is not the topic of this paper. In high densities there are a several effects that alter the equation of state. First, when the density increases, the Fermi energy of the electrons will become a high enough to induce the inverse beta decay reaction. This process reduces the number of the electrons and thus the electron pressure and the system becomes unstable. The second process that affect the equation of state is the possibility that nuclear reaction can take place in the crystal lattice at sufficiently high densities. This arises because of the zero point oscillations of the nuclei which allow them to tunnel through the potential barrier to the neighbouring site and introduce nuclear reaction. These effects can alter the equation of state at high densities and can be considered a major source of instability in that regime. Rotation or magnetic field can also affect the structure of white dwarfs. The effect of these phenomena is not very important for non-relativistic configuration. But in relativistic limit the radius of the star can increase significantly even with small magnetic potential. Although this result is of some theoretical significance, there is no evidence for strong magnetic fields in white dwarfs. Also the mass radius relation is affected by rotation in relativistic regime such that the maximum mass of a rapidly rotating white dwarf can be nearly twice as large as the non-rotating one. These phenomena are not the topic of this paper. In the other hand our analysis is based on Newtonian gravity. At high densities we should take into account the general relativistic corrections which may lead to instability. This because in Newtonian gravity we balance the gravitational field of the mass by the pressure, so we can arrange the the equation of state such that the pressure is arbitrary high for any given density, thereby balancing any given gravitational force. In general relativity the pressure contributes an effective mass, and hence increasing the pressure will increase the gravitational force. Therefore we cannot ensure the system is stable by increasing the pressure arbitrarily. The effect of quantum gravity in the stability of white dwarf with relativistic correction will be postpone in another research. In this article we interest in the effect of quantum gravity in mass radius relation for white dwarfs as a tool to determine or put a boundaries on the quantum gravity parameters. Structure equations for white dwarf =================================== The evolution of a star may be perceived as a quasi-static process, in which the composition changes slowly, allowing the star to maintain hydrostatic equilibrium and thermal equilibrium. The static structure of a star is obtained from the solution of the set of differential equations known as the stellar structure equations, namely, hydrostatic equilibrium equations, continuity equation, radiative transfer equations and the thermal equilibrium equations [@200]. If the mass density $\r$ of the star does not depend on temperature but pressure, i.e. $\r=\r(P)$, we can construct a system of only two equations, namely hydrostatic equilibrium equations for $P$ and $\f$ which can be solved without the other structure equations. $\f$ is the gravitational potential which describes the gravitational field inside the star and is related to the density through Poisson equation. For spherical symmetry and nonrotating stars with uniform composition Poisson equation reduces to $$\label{a1} \frac{1}{r^2}\frac{d}{dr}\le(r^2\frac{d\f}{dr}\ri)=4\pi G\r$$ The time independent solution will be considered. For hydrostatic equilibrium [@200] $$\label{a2} \frac{dP}{dr}=-\frac{d\f}{dr}\r$$ According to eqs. (\[c14\],\[c16\]), let us assume a general relation between $P$ and $\r$ to take the form $$\label{a3} P=K_1\r^{\c_1}+\a K_2\r^{\c_2}$$ Use Eq.(\[a3\]) into Eq.(\[a2\]) and integrate with boundary conditions $\r=0$ and $\f=0$ at the surface of stellar object and using the polytropic index $n=\frac{1}{\c-1}$, one gets $$\label{a4} \f=-K_1(1+n_1)\r^{1/n_1}-\a K_2(1+n_2)\r^{1/n_2}$$ This equation can be solved for $\r$ to get $$\label{a5} \r=\le[\frac{-\f}{K_1(1+n_1)}\ri]^{n_1}+\a n_1\frac{K_2(1+n_2)}{K_1(1+n_1)} \le[\frac{-\f}{K_1(1+n_1)}\ri]^{m}~~~,~~~m=\frac{n_1}{n_2}+n_1-1$$ Define the new dimensionless variables $\xi,w$ by [@201] $$\label{a6} \xi=Ar~~~,~~~A^2=\frac{4\pi G}{\le[K_1(1+n_1)\ri]^{n_1}}(-\f_c)^{n_1-1}~~~,~~~w=\frac{\f}{\f_c}$$ Where the index $c$ refers to the center. It is clear that at the center where $r=0$ we have $\xi=0$, $\f=\f_c$, $\r=\r_c$ and therefore $w=1$. We can prove that $$\label{a7} 4\pi G\r=-A^2\f_c\le(w^{n_1}+\a \eta w^m\ri)$$ $$\label{a8} \eta=n_1K_2(1+n_2)\frac{1}{\f_c}\le[\frac{-\f_c}{K_1(1+n_1)}\ri]^{n_1/n_2}$$ and Eq.(\[a1\]), with these non-dimensional variable, will take the form $$\label{a9} \frac{1}{\xi^2}\frac{d}{d\xi}\le(\xi^2\frac{dw}{d\xi}\ri)=-\le(w^{n_1}+\a \eta w^m\ri)$$ This is a modified Lane-Emden equation, if we set $\a=0$ we will back to original one. We are only interested in solutions that are finite at the center, $\xi=0$. Equation (\[a9\]) shows that we have to require $\le(\frac{dw}{d\xi}\ri)_{\xi=0}=0$. Also at the surface of the star where $r=R$ the density vanishes $\r=0$, $\f=0$, $w=0$ and $\xi=\xi_R$ where $\xi_R$ is the value of $\xi$ corresponding to the radius $R$. The mass of the stellar object can be determined as a function of $r$ using the relation $m(r)=\int_{0}^{r}4\pi\r r^2dr$, changing the variable to $\xi$ $$\begin{aligned} \label{a10} m(\xi)=\frac{1}{A^3}\int_{0}^{\xi}4\pi\r \xi^2d\xi\end{aligned}$$ This is the mass equation as a function of a dimensionless parameter $\xi$. Using Eqs.(\[a7\],\[a9\]) we can prove that $4\pi \r \xi^2d\xi=\frac{A^2\f_c}{G}d\le(\xi^2\frac{dw}{d\xi}\ri)$, the constant $\frac{A^2\f_c}{G}$ can be obtained from Eqs, (\[a6\]), where $\frac{A^2\f_c}{G}=-4\pi\le[\frac{-\f_c}{k_1(1+n_1)}\ri]^{n_1}$. Use all these in Eq. (\[a10\]) one gets $$\begin{aligned} \label{a11} m(\xi)=4\pi \le[\frac{-\f_c}{K_1(1+n_1)}\ri]^{n_1}\frac{1}{A^3} \le(- \xi^2 \frac{dw}{d\xi}\ri)\end{aligned}$$ Eq.(\[a4\]) is valid for the central potential and corresponding density, so we have the equation $$\label{a12} \f_c=-K_1(1+n_1)\r_c^{1/n_1}-\a K_2(1+n_2)\r_c^{1/n_2}$$ In fact Eq.(\[a6\]) shows that $\frac{\xi}{r}$ is always the constant $A$ which can be fixed though the relation $A=\frac{\xi_R}{R}$. In turn the total mass of the star can be determinted from Eq. (\[a11\]) $$\label{a14} M=4\pi \le[\frac{-\f_c}{K_1(1+n_1)}\ri]^{n_1} R^3 \le(- \frac{1}{\xi} \frac{dw}{d\xi}\ri)_{\xi=\xi_R}$$ If we introduce the mean density as $\bar{\r}=\frac{3M}{4\pi R^3}$ $$\label{a15} \bar{\r}=3 \le[\frac{-\f_c}{K_1(1+n_1)}\ri]^{n_1} \le(- \frac{1}{\xi} \frac{dw}{d\xi}\ri)_{\xi=\xi_R}$$ From Eq.(\[a6\]) we can write $$\label{b1} \frac{1}{A^2}=\le(\frac{r}{\xi}\ri)^2=\frac{\le[K_1(1+n_1)\ri]^{n_1}}{4\pi G}(-\f_c)^{1-n_1}$$ From this equation we can obtain the radius of the star using the replacement $(r,\xi)\rightarrow(R,\xi_R)$ $$\label{b2} R=\le[-\frac{K_1(1+n_1)}{\f_c}\ri]^{\frac{n_1}{2}}\le(-\frac{\f_c}{4\pi G}\ri)^{1/2}\xi_R$$ Use Eq.(\[b2\]) into Eq.(\[a14\]) to eliminate $R$ $$\label{b3} M=4\pi\le[-\frac{K_1(1+n_1)}{\f_c}\ri]^{\frac{n_1}{2}}\le(-\frac{\f_c}{4\pi G}\ri)^{3/2}\le(- \xi^2\frac{dw}{d\xi}\ri)_{\xi=\xi_R}$$ We can eliminate $\f_c$ between Eqs.(\[b2\],\[b3\]), one gets $M \thicksim R^\frac{3-n_1}{1-n_1}$ which shows that the presence of quantum gravity does not change the proportionality relation between mass and radius of the star put changes only the proportionality constant. for non-relativistic case where $n_1=3/2$ gives $M \thicksim R^{-3}$, in words the star has a smaller radius for a larger value of mass. for ultra-relativistic case where $n_1=3$ mass M becomes independent of radius and the value of mass in this case Chandrasekhar mass. If we let $\a\rightarrow 0$ the mass and radius limits will go back to original expression [@200], namely $$\label{b4} R=\le[\frac{K_1(1+n_1)}{4\pi G}\ri]^{1/2}\r_c^{\frac{1-n_1}{2n_1}}\xi_R~~~~~,~~~~~M=4\pi\le[\frac{K_1(1+n_1)}{4\pi G}\ri]^{3/2}\r_c^{\frac{3-n_1}{2n_1}}\le(-\xi^2\frac{dw}{d\xi}\ri)_{\xi=\xi_R}$$ Numerical Solutions of the Modified Lane-Emden Equations ======================================================== In this article we are interested only with Chandrasekhar limits, so we will consider only the degenerate pressure in ultra-relativistic regime where $n_1=3$ and $n_2=\frac{3}{2}$. In this case, it is clear that for $\a=0$, Eq.(\[a9\]) goes back to usual Lane-Emden equation, also the mass of the star Eq.(\[b3\]) and central density are no longer coupled which means that the central density can be arbitrary and therefor also the radius. In this case we got the Chandrasekhar mass limit $M_{Ch}=1.46M_{\odot}$, for $u_e=2$. Indeed no white dwarf has been found which exceeds this mass[@201; @202; @203; @204]. **The existence of** quantum gravity leads the presence of central density dependence. The solution from modified Lane-Emden equation depends on central density and in turn will affect the mass and radius of the star. So we need a numerical value for central density, all white dwarfs central density ranged from $10^8$ to $10^{12} Kg/m^3$ [@301; @302], so we will use three values namely $\r_c=10^8, 10^{10}$ and $10^{12} Kg/m^3$. In [@42] The mass-radius relation for white dwarfs, with using constant density, is studied under the effect of quantum gravity. Reduction in degenerate pressure leads to more control of gravity collapse and hence a contraction in the radius of the star. According to this study the modified star radius is $$\begin{aligned} \label{d1} R \approx R_{Ch} \le( 1-\dfrac{1}{5}\a m_ec \dfrac{3\tau+4}{\tau^{3/2}} \ri) \label{e13}\end{aligned}$$ Where $\t=1-\le(\frac{M}{M_{Ch}}\ri)^{2/3}$ and $R_{Ch}$ is Chandrasekhar radius limit. The remarkable aspect in this relation is that the quantum gravity clearly shows its influence for $M\rightarrow M_{Ch}$. It means that the quantum gravity reduces the star radius and the reduction become significant when the mass of the star gets very close to the Chandrasekhar limit in high density regime. The author used the upper bound of $\a_0$ (i.e. $\a_0\approx 10^{17}$). Masses of two white dwarfs, namely Wolf 485 A and G 156-64 [@304], are used to estimate the star radius correction which leads to $\triangle R\simeq 52~m$. This modification does not exceed the desired correction. The correction should be of order $\sim 10^6~m$. We can estimate the suitable range of quantum gravity parameter $\a_0$ which will be used by a comparison between the experimental values of mentioned stars (mass and radius) and the theoretical values predicted by Eq.(\[d1\]). These calculations will lead to $\a_0 \approx 10^{21}$. In fact this value is inconsistent with experimental results which give a length scale bigger than electroweak length. But this value goes in parallel with the results that are predicted in [@26]. “With more accurate measurements in the future, this bound is expected to get reduced by several orders of magnitude, in which case, it could signal a new and intermediate length scale between the electroweak and the Planck scale” [@26; @306]. Recently, Ali at al [@308] calculated the modified Schwarzshild metric with quantum gravity to find corrections to some relativistic phenomena namely deflection of light, time delay of light, perihelion precession, and gravitational redshift. After that they compere the final results with experiment to set upper bounds on the GUP parameter $\a_0$. The value of $\a_0$ lies in between $10^{35}$ and $10^{41}$. These values are very large in comparison with those predicted from quantum mechanical systems. “However, investigating the implications of the GUP on gravitational phenomena might prove useful for understanding the effects of quantum gravity in that regime. In addition, because the GUP is model independent, this understanding can help to evaluate the results of different theories of quantum gravity.”[@308]. keeping in mind all these investigations, with satisfaction, we can use the values $\a_0=10^{17}, 10^{19}$ and $10^{21}$ although it leads to a length scale bigger than electroweak length. We expect that this range of gravity parameter will reduce Chandrasekhar limits. Values of mentioned $\a_0$ and $\r_c$ can be used with the boundary conditions $w(0)=1$, $w'(0)=0$ and $u_e=2$ (for He, C, O, ...) in solving Eq.(\[a9\]), the values of $\xi_R$ and the derivative $\frac{dw}{d\xi}$ can be obtained when $w(\xi)=0$. This result should be used in determining the radius and mass limits, Eqs.(\[b2\],\[b3\]). The results are listed as follow $$\begin{array}{ccccc} \nonumber \a_0~~~~~ & \r_c~~~~~& \xi_R~~~~ & M_{Ch}/M_{\odot}~~~~~& R_{Ch}/R_{\odot} \\ ~\\ 10^{17}~~~~~ & 10^{8}~~~~~ & 6.897~~~~ & 1.4564~~~~~&0.10365 \\ & 10^{10}~~~~~& 6.897~~~~ & 1.4564~~~~~&0.02233 \\ & 10^{12}~~~~~& 6.897~~~~ & 1.4563~~~~~&0.00481 \\ ~\\ 10^{19}~~~~~ & 10^{8}~~~~~~& 6.896~~~~ & 1.4562~~~~~&0.10365 \\ & 10^{10}~~~~~& 6.895~~~~ & 1.4557~~~~~&0.02234 \\ & 10^{12}~~~~~& 6.888~~~~ & 1.4535~~~~~&0.00482 \\ ~\\ 10^{21}~~~~~ & 10^{8}~~~~~~& 6.858~~~~ & 1.4430~~~~~&0.10469 \\ & 10^{10}~~~~~& 6.732~~~~ & 1.3983~~~~~&0.02349 \\ & 10^{12}~~~~~& 6.407~~~~ & 1.2499~~~~~&0.00672 \\ \end{array}$$ Some facts can be drawn from the previous numerical results. There facts can be summarized as follows: 1-  the quantum gravity leads to a decrease in star degenerate pressure which in turn supports star collapse and a reduction in star radius which is proportional to the quantum gravity parameter. This result is reported in [@42] where the density of the star is constant. Introduction of realistic density inverts this behavior. We can draw from the above numerical solution for constant central density the radius of the star increases with increasing gravity parameter $\a_0$. 2-  Numerical solutions show that the radius of the star decreases with increase in central density. These results are consistent with the current observation which indicates that white dwarfs have smaller radii than theoretical predictions [@304; @309]. This means that quantum gravity and central density can be a reasonable tool to explain the smallness in radii observation. 3-  For $\a_0=0$ the mass limit is $M_{Ch}/M_{\odot}=1.4564$, the results show that the Chandrasekhar mass limit decreases as the central density and quantum gravity parameter $\a_0$ increases. Also the change in mass limit is significant with large gravity parameter. Conclusion ========== This study reviewed in brief the most important quantum gravity approaches. The effect of generalized uncertainty principle in white dwarf physics was investigated to find the maximum value of the radius and mass of these stars. This type of generalized uncertainty principle is suitable because it leads to a reduction in mass and star radius which is consistent with current observations. This effect is what makes the central density come to play in mass formula. This way there are two new parameters, namely, quantum gravity and central density together that can be help to make the theoretical values corresponding to experimental observations apply in a better manner. In this work we treat the star as completely degenerate, but the reality is the white dwarf is so dense that matter becomes degenerate in its interior. At the surface of a white dwarf the density is that lower and no degeneracy will be found in its outer layers. 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using Microsoft.Extensions.Options; using Microsoft.VisualStudio.TestTools.UnitTesting; using Moq; using RentalManagement.Services; using System; using System.Threading.Tasks; namespace RentalManagement.Test { [TestClass] public class GetConnectionStringTests { [TestMethod] public async Task TestConnectionStringWithoutKeyVaultAndProtocol() { var keyVaultReaderMock = new Mock<IKeyVaultReader>(); keyVaultReaderMock.Setup(framework => framework.IsAvailable).Returns(false); var dbServerOptions = new DbServerOptions { Server = "s", Database = "d", DbPassword = "p" }; var optionsMock = new Mock<IOptions<DbServerOptions>>(); optionsMock.Setup(framework => framework.Value).Returns(dbServerOptions); var da = new DataAccess(keyVaultReaderMock.Object, optionsMock.Object); Assert.AreEqual("Data Source=s;Initial Catalog=d;User ID=demo;Password=p", await da.GetConnectionString()); } [TestMethod] public async Task TestConnectionStringWithoutKeyVaultAndWithProtocol() { var keyVaultReaderMock = new Mock<IKeyVaultReader>(); keyVaultReaderMock.Setup(framework => framework.IsAvailable).Returns(false); var dbServerOptions = new DbServerOptions { Server = "s", Database = "d", DbPassword = "p", Protocol = "tcp", TcpPort = 1433 }; var optionsMock = new Mock<IOptions<DbServerOptions>>(); optionsMock.Setup(framework => framework.Value).Returns(dbServerOptions); var da = new DataAccess(keyVaultReaderMock.Object, optionsMock.Object); Assert.AreEqual("Data Source=tcp:s,1433;Initial Catalog=d;User ID=demo;Password=p", await da.GetConnectionString()); } [TestMethod] public async Task TestConnectionStringWithKeyVaultAndProtocol() { var keyVaultReaderMock = new Mock<IKeyVaultReader>(); keyVaultReaderMock.Setup(framework => framework.IsAvailable).Returns(true); keyVaultReaderMock.Setup(framework => framework.GetSecretAsync(It.IsAny<string>())).Returns(Task.FromResult("p")); var dbServerOptions = new DbServerOptions { Server = "s", Database = "d", Protocol = "tcp" }; var optionsMock = new Mock<IOptions<DbServerOptions>>(); optionsMock.Setup(framework => framework.Value).Returns(dbServerOptions); var da = new DataAccess(keyVaultReaderMock.Object, optionsMock.Object); Assert.AreEqual("Data Source=tcp:s,1433;Initial Catalog=d;User ID=demo;Password=p", await da.GetConnectionString()); } } }

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351 F.Supp.2d 1368 (2004) Eddie Lee JOHNSON, III Plaintiff v. CITIMORTGAGE, INC. Defendant No. CIV.A.1:04-CV-856-OD. United States District Court, N.D. Georgia, Atlanta Division. December 28, 2004. *1369 *1370 Lisa Dionne Wright, Law Office of Lisa D. Wright, Atlanta, GA, for Plaintiff. William Coppedge Collins, Jr., John O'Shea Sullivan, Ashby Leigh Kent, Burr & Forman, Kenneth Lee Millwood, Nelson Mullins Riley & Scarborough, Atlanta, GA, for Defendant. ORDER EVANS, District Judge. This civil Action filed pursuant to the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601 et seq., and other state law claims is currently before the Court on Defendant's Motion to Dismiss; Plaintiff's Motion for a Scheduling and Settlement Conference; and Defendant's Motion to Dismiss Amended Complaint. For reasons set forth below, Defendant's Motion to Dismiss [# 4] is DISMISSED as moot; Plaintiff's Motion for a Scheduling and Settlement Conference [# 21] is GRANTED in part and DENIED in part; and Defendant's Motion to Dismiss Amended Complaint *1371 [# 23] is GRANTED in part and DENIED in part. I. Procedural Background Plaintiff, Eddie Lee Johnson, III ("Plaintiff") filed his original Complaint on March 29, 2004. Defendant CitiMortgage filed a Motion to Dismiss [# 4] on April 19, 2004, and Plaintiff filed an Opposition to CitiMortgage's Motion to Dismiss on May 5, 2004. On May 13, 2004, Plaintiff filed a Motion for Leave to File Plaintiff's Amended Complaint. This Court granted Plaintiff's Motion for Leave to File Plaintiff's Amended Complaint on June 4, 2004. Accordingly, and as requested by Defendant,[1] Defendant's Motion to Dismiss [# 4] is DISMISSED as moot. Plaintiff's Amended Complaint was filed with this Court on June 4, 2004. On July 7, 2004, CitiMortgage filed it Motion to Dismiss Amended Complaint [# 23], moving this Court to dismiss Counts Two, Three, Four, Seven, Eight, and Ten on the grounds that those counts failed to state a claim upon which relief can be granted. Defendant also moves this Court to dismiss Count Six for breach of contract or, in the alternative, require Plaintiff to provide CitiMortgage with a more definitive statement of the claim. II. Summary of Allegations in Plaintiff's Amended Complaint On or about March 21, 2003, Plaintiff closed on a residential real estate loan (the "Loan") for the purpose of financing Plaintiff's purchase of a home in Atlanta, Georgia. (Am.Compl., ¶¶ 5, 7). The lender under the original note was Pine State Mortgage Corporation. (Am.Compl., ¶ 6). After the Loan closed, Pine State transferred the Loan and its servicing to Defendant CitiMortgage. (Am.Compl., ¶ 8). Plaintiff alleges that CitiMortgage failed to properly apply and/or account for payments Plaintiff made on his Loan, despite notice by Plaintiff to CitiMortgage of the incorrect accounting. (Am.Compl., ¶ 12-31). Furthermore, Plaintiff contends that CitiMortgage incorrectly reported to credit reporting agencies that Plaintiff's Loan was overdue and delinquent even after Plaintiff notified CitiMortgage of the alleged inaccurate accounting. (Am.Compl., ¶ 29). Based on the foregoing allegations, Plaintiff asserts ten separate counts: (1) violation of the Real Estate Settlement Procedures Act ("RESPA"), 12 U.S.C. § 2601, et seq. (Am. Compl., ¶¶ 35-39); (2) conversion (Am.Compl., ¶ 40); (3) defamation (Am.Compl., ¶ 41); (4) negligence (Am.Compl., ¶ 42); (5) violation of the Georgia Residential Mortgage Act (Am.Compl., ¶ 43-44); (6) breach of contract (Am.Compl., ¶ 45); (7) breach of the covenant of good faith and fair dealing (Am.Compl., ¶ 46); (8) stubborn litigiousness (Am.Compl., ¶ 47); (9) punitive damages (Am.Compl., ¶ 48); and (10) intentional infliction of emotional distress (Am.Compl., ¶ 49). III. Standard of Review When considering a motion to dismiss under Federal Rules of Civil Procedure 12(b)(6), the court considers all well-pleaded facts in the complaint as true and draws all reasonable inferences in the light most favorable to Plaintiff. Bryant v. Avado Brands, Inc., 187 F.3d 1271, 1273 n. 1 (11th Cir.1999). A complaint may not be dismissed under Federal Rules of Civil Procedure 12(b)(6) "`unless it appears beyond doubt that the plaintiff can prove no *1372 set of facts in support of his claim which would entitle him to relief.'" Rosen v. TRW, Inc., 979 F.2d 191, 194 (11th Cir.1992) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)). Accordingly, this Court treats the assertions made in Plaintiff's complaint as true. IV. Discussion A. Count Two: Conversion Plaintiff's basis for his conversion claim is Citimortgages's failure to apply his October 31, 2003 loan payment in the amount of $1,749.40. As the Court of Appeals of Georgia recently stated: [C]onversion involves an unauthorized assumption and exercise of the right of ownership over personal property belonging to another, in hostility to [her] rights. The very essence of conversion is that the act of dominion is wrongfully asserted. Thus, if a party has a right to assert ownership, the act of dominion is not wrongful and does not constitute conversion. Kilburn v. Patrick, 241 Ga.App. 214, 525 S.E.2d 108 (1999) (punctuation and footnotes omitted). "To make out a prima facie case, in an action for damages for conversion of personal property, the plaintiff must show title to the property, possession by the defendant, demand for possession, and refusal to surrender the property, or an actual conversion prior to the filing of the suit." Atlantic Coast Line R. Co. v. McRee, 12 Ga.App. 137, 76 S.E. 1057 (1913). Any distinct act of dominion and control wrongfully asserted over another's personal property, in denial of his right or inconsistent with his right, is a conversion of such property. Lovinger v. Hix Green Buick Co., 110 Ga.App. 698, 140 S.E.2d 83 (1964). When someone comes into lawful possession of personal property, however, in the absence of a demand for its return and a refusal to return the personal property, there is no conversion. McDaniel v. White, 140 Ga.App. 118, 230 S.E.2d 500 (1976). Applying the above principles to the facts alleged in the Amended Complaint, the Court finds that Plaintiff states a claim for the tort of conversion. The Court must assume as true Plaintiff's allegation that Citimortgage failed to apply the funds to his account. Am. Compl., ¶ 27 ("The Plaintiff's October 31, 2003 payment in the amount of $1,749.90 was received by Citimortgage but never posted to the Plaintiff's mortgage account"). Such an action amounts to an act of dominion by Defendant that is wrongfully asserted, even though Defendant came into lawful possession of Plaintiff's personal property. According to the Amended Complaint, when Plaintiff demanded that the funds be located and/or applied to his account, Defendant only partially complied with this request. While the funds were applied to the September 2003 installment of $871.70 with the balance of $862.70 placed in "unapplied funds," (Am.Compl., ¶ 24), Citimortgage repeatedly refused Plaintiff's requests to apply the funds held in "unapplied funds" to his mortgage (Am.Compl., ¶ 28). Based on the foregoing allegations, the Court is unable to conclude that Plaintiff can prove no set of facts in support of his claim for conversion. Accordingly, Defendant's Motion to Dismiss Count Two of Plaintiff's Amended Complaint is DENIED. B. Count Three: Defamation In Count Three, Plaintiff alleges that "Citimortgage's reporting to the credit reporting agencies that Mr. Johnson was delinquent and overdue in his payment for May 2003, October 2003 and November 2003 constituted the tort of defamation." Am. Compl., ¶ 41. *1373 Defendant argues that Plaintiff fails to state a claim for defamation because the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681 et seq., preempts the state law claim. First Citimortgage contends that 15 U.S.C. § 1681t(b)(1)(F), passed in a 1996 amendment to the FCRA, preempts all state law causes of action against furnishers of credit information. Additionally, according to Citimortgage, 15 U.S.C. § 1681h(e) preempts state law claims of defamation "except as to false information furnished with malice or willful intent to injure such consumer," and Plaintiff's allegations do not meet this heightened standard. Prior to the 1996 amendments, the availability of state law actions against furnishers of credit information was governed by 15 U.S.C. § 1681h(e), which provides, in relevant part, as follows: Except as provided in section 1681n and 1681o of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against ... any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 1681g, 1681h, or 1681m of this title, or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report except as to false information furnished with malice or willful intent to injure such consumer. (Emphasis added). As part of the 1996 amendments, Congress added § 1681t, which provides in pertinent part as follows: (b) General Exceptions. No requirement or prohibition may be imposed under the laws of any State — (1) with respect to any subject matter regulated under — * * * * * * (F) section 1681s-2 of this title, relating to the responsibilities of persons who furnish information to consumer reporting agencies, except that this paragraph shall not apply — (i) with respect to section 54A(a) of chapter 93 of the Massachusetts Annotated Laws ...; or (ii) with respect to section 1785.25(a) of the California Civil Code ..... 15 U.S.C. § 1681t. This newer language provides limits on state law liability that are both broader and more narrow than the older § 1681h(e) language. The newer § 1681t(b)(1)(F) is broader than the older § 1681h(e) in that it preempts all state law claims that may arise from a person's furnishing of credit information to a consumer reporting agency, whereas the § 1681h(e) only preempts state law claims "in the nature of defamation, invasion of privacy, or negligence" to the extent that such claims do not result from willful or malicious conduct. But the newer § 1681t(b)(1)(F) is also more narrow that the older § 1681h(e) in that the preemptions of the newer § 1681t(b)(1)(F) are not triggered until after a furnisher of information is notified by a consumer reporting agency of a consumer's dispute (as required by 1681s-2(b)(1)), whereas the older § 1681h(e) preemptions are available at all times. This cumbersome overlap has resulted in disagreement among courts about how best to harmonize the two applications. Riley v. GMAC, 226 F.Supp.2d 1316, 1324 (S.D.Ala.2002); Jeffery v. Trans Union, LLC, 273 F.Supp.2d 725, 726-28 (E.D.Va.2003); Stafford v. Cross Country Bank, 262 F.Supp.2d 776, 784 (W.D.Ky.2003); Carlson v. Trans Union LLC, 259 F.Supp.2d 517, 521 (N.D.Tex.2003); Vazquez-Garcia v. Trans Union De Puerto Rico, 222 F.Supp.2d 150, 161 (D.P.R.2002); Hasvold v. First USA Bank, N.A., *1374 194 F.Supp.2d 1228, 1231 (D.Wyo.2002); Dornhecker v. Ameritech Corp., 99 F.Supp.2d 918, 930-31 (N.D.Ill.2000). This Court has been unable to find any circuit court opinion addressing the issue,[2] and the parties in this case have pointed to none. Therefore, before deciding which, if either, preemption statute governs this case, the Court finds it prudent to first discuss the three ways in which other district court have address this question. First, some district courts have concluded, as Defendant urges this Court to conclude, that there is complete preemption of all state law claims. In other words, these courts hold that the newer language of § 1681t(b)(1)(F) supercedes the older language of § 1681h(e) altogether, and thus, all state law causes of action relating to the duties of persons who furnish information to consumer credit reporting agencies are preempted. Hasvold v. First U.S.A. Bank, N.A., 194 F.Supp.2d 1228, 1239 (D.Wyo.2002); Jaramillo v. Experian Info. Solutions, Inc., 155 F.Supp.2d 356, 361-62 (E.D.Pa.2001). In this Court's opinion, however, nothing in the 1996 amendment compels such a conclusion, and to imply Congress's intent to repeal a previously existing provision in the statute without a clear statement in the amendment to that effect is an unwieldy act of legislation that this court ought not and will not undertake. See TRW Inc. v. Andrews, 534 U.S. 19, 31, 122 S.Ct. 441, 151 L.Ed.2d 339 (2001) ("[I]t is a cardinal principle of statutory construction that a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant")(internal quotation marks omitted). Second, other courts have reconciled these two statutes by reading the newer § 1681t(b)(1)(F) as applying only once a furnisher of information has received notice of a dispute from a credit reporting agency. Under this approach, 15 U.S.C. § 1681h(e) applies only up until the time a furnisher of information receives such notice. Woltersdorf v. Pentagon Federal Credit Union, 320 F.Supp.2d 1222 (S.D.Ala.2004); Stafford, 262 F.Supp.2d at 785; Vazquez-Garcia, 222 F.Supp.2d at 161. Therefore, there are two distinct time frames relevant to this preemption analysis: (1) before the furnisher of information is notified of a dispute by the consumer reporting agency; and (2) after notification. In the first time period, according to these courts, § 1681h(e) applies and a plaintiff may bring any claims for defamation or negligence so long as the furnisher had "malice or willful intent to injure." In the second time period, after the furnisher has been notified of a complaint by the consumer reporting agency, § 1681t(b)(1)(F) serves as a total bar to state law claims. While such a reading has the benefit of giving effect to both sections, the Northern District of Georgia, in a recent unpublished opinion by Judge Julie E. Carnes, has rejected this approach: [T]he court finds the practical effect [of this approach] troubling. The newer statute, [§ 1681t(b)(1)(F)], provides furnishers of information with much greater protection (potentially no lawsuits) *1375 than does the older statute, § 1681h(e) (allowing defamation actions premised on malice or willfulness). To read the two statutes in [this way] has the effect of giving a furnisher of information more protection from exposure to liability for acts committed after receiving notice of dispute than for acts committed before such notice. It seems odd to this Court that Congress intended to protect furnishers of information more once they have knowledge that a consumer is disputing an item on his credit report; one would, logically, expect the opposite policy. This Court, therefore, declines to adopt such a reading. Neal v. Equifax Information Services, Inc., No. 1:03-CV-0761-JEC (Order dated Mar. 11, 2004)(Carnes, J.). This Court agrees with the reasoning of Judge Carnes and finds that this temporal analysis is strained at best. Third, some district courts have read § 1681t(b)(1)(F) as applying only to those causes of actions created by statute and § 1681h(e) as applying to state causes of action created by common law. In Carlson v. Trans Union, LLC, 259 F.Supp.2d 517 (N.D.Tex.2003), the court held that § 1681h(e) applies only to torts, while § 1681t(b)(1)(F) applies only to state statutory regulation. The court stated: Section 1681h(e) clearly applies to torts. The section specifically references "any action or proceeding in the nature of defamation, invasion of privacy, or negligence." 15 U.S.C. § 1681h(e). All claims in the (non-exclusive) list are torts. Section 1681t(b)(1)(F) gives every indication of dealing only with state statutory regulation. This is made yet more clear when you consider the two laws that are specifically excluded from Section 1681t(b)(1)(F)'s coverage. Section 54A(a) of Chapter 93 of the Massachusetts Annotated Laws requires furnishers to follow "reasonable procedures to ensure that the information reported to a consumer reporting agency is accurate and complete" and forbids furnishers to knowingly provide false information to a consumer reporting agency. Likewise, section 1785.25(a) of the California Civil Code also deals with inaccurate or incomplete information in a credit report and closely follows the requirements of § 1681s-2. Carlson, 259 F.Supp.2d at 521 (emphasis in original). The court in Carlson further observed that by its own terms § 1681t(b)(1)(F) only applies to state laws "with respect to any subject matter regulated under section 1681s-2." 15 U.S.C. § 1681t(b)(1)(F). Were the state law claims brought by Plaintiff in this case claims under Georgia state consumer protection laws, the Court would obviously conclude that such claims were preempted because the subject matter of the two statutes would be the same. However, Count Two of Plaintiff's claim against Citimortgage in this case is not statutory, but rather is the common law claim for defamation. It is clear that the substance of a claim under § 1681s-2 and a claim for defamation are significantly different. Moreover, there is the matter of the more specific preemption provision, § 1681h(e). Section 1681t(b) is a general preemption provision, "both by its terms and its given moniker," which is "General exceptions." Gordon v. Greenpoint Credit, 266 F.Supp.2d 1007, 1013 (S.D.Iowa 2003). In contrast, § 1681h(e) contains a more specific preemption clause which specifically addresses the preemption of state law defamation claims. Under the principles of statutory construction, "a general statute must yield when there is a specific statute involving the same subject matter." Id. (citing Craighead Elec. Coop. Corp. v. City Water & Light Plant, 278 F.3d 859, 861 (8th Cir.2002)). See also San Pedro v. *1376 United States, 79 F.3d 1065, 1069 (11th Cir.1996) (following "the principle, upheld by the Supreme Court on numerous occasions, that a specific statute takes precedence over a more general one"). Therefore, the more specific preemption statute, § 1681h(e), controls the question of preemption. The Court finds the reasoning of the Carlson and Gordon opinions, both of which focus on statutory construction, to be persuasive. Such a reading gives effect to both § 1681t(b)(1)(F) and § 1681h(e) without having the illogical effect of protecting a furnisher of information more after is has received notice of a dispute than before it has received such notice. The Court, therefore, adopts this approach for reconciling the two statutes and holds that § 1681t(b)(1)(F) applies to state statutory law claims and 15 U.S.C. § 1681h(e) applies to state common law claims. The Court further notes that this is also the interpretation adopted by Judge Carnes in Neal v. Equifax Information Services, Inc., No. 1:03-CV-0761-JEC (Order dated Mar. 11, 2004). The Court must now determine whether Plaintiff's defamation claim is preempted by § 1681h(e). Pursuant to § 1681h(e), Plaintiff may only bring the common law actions alleged here by sufficiently pleading that Citimortgage furnished false information to a consumer reporting agency with malice or willful intent to injure. On this motion to dismiss, the Court's role is to determine whether Plaintiff has sufficiently alleged malice or willful intent on the part of Citimortgage. Section 1681h(e) does not define malice. In the defamation context, however, courts have indicated that a statement is made with malice when made "with knowledge that it was false or with reckless disregard of whether it was false or not." New York Times Co. v. Sullivan, 376 U.S. 254, 280, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964); see also Schafer v. Time, Inc., 142 F.3d 1361, 1366 (11th Cir.1998). Additionally, malice need not be pleaded with particularity; rather, malice "may be averred generally." Fed.R.Civ.P. 9(b); United States ex rel. Clausen v. Lab. Corp. of Am., 290 F.3d 1301, 1308 (11th Cir.2002). Accordingly, the Court must determine whether Plaintiff has generally alleged that Citimortgage's reporting of the inaccurate credit information was made with knowledge that the information was false and with reckless disregard of its truth. Plaintiff has alleged that Citimortgage knew the statements about Plaintiff's account were false because Plaintiff had made payments and notified Citimortgage of the inaccurate accounting. According to ¶ 29 of the Amended Complaint, Citimortgage reported to credit reporting agencies that Plaintiff's account was delinquent even after the date of receipt of Plaintiff's written dispute regarding his account. Furthermore, in ¶ 32, Plaintiff alleges that "Citimortgage acted willfully, with reckless disregard for the Plaintiff's rights and interests and/or with gross negligence." These allegations, therefore, are sufficient to survive Citimortgage's motion to dismiss. Additionally, by the plain language of § 1681h(e), the heightened standard of malice or willfulness is only applicable to actions based on disclosures pursuant to 15 U.S.C. §§ 1681g, 1681h, or 1681m, or "by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report." 15 U.S.C. § 1681h(e). Indeed, "[i]t is clear that the qualified immunity provided for by the FCRA is meant by Congress to be the `quid pro quo for full disclosure.'" Thornton v. Equifax, Inc., 619 F.2d 700, 703 (8th Cir.1980) (quoting Retail Credit Co. v. Dade County, 393 F.Supp. 577, 584 (S.D.Fla.1975)). Since the various parts of the federal statute require consumer reporting agencies *1377 and information users to disclose information to consumers under certain circumstances, this section guarantees that the agencies or users cannot be sued for those required disclosures under state tort law. It makes sense that acts required by the FCRA are immunized from state tort liability. McAnly v. Middleton and Reutlinger, P.S.C., 77 F.Supp.2d 810, 814 (W.D.Ky.1999). See also 16 C.F.R.App. to Pt. 600 — Commentary on the Fair Credit Reporting Act, § 610 — Conditions of Disclosure, P 6 ("The privilege extended by [§ 1681h(e)] does not apply to an action brought by a consumer if the action is based on information not disclosed pursuant to sections [1681g, 1681h, or 1681m]"). Plaintiff's defamation claim is not "based on information disclosed pursuant to §§ 1681g, 1681h, or 1681m." No one disputes that §§ 1681g and 1681h apply only to consumer reporting agencies, and Plaintiff makes no allegation that Defendant is such an entity. Section 1681m applies to information users, but it imposes no duty to disclose absent "adverse action" by the user against the consumer. Neither was Defendant's allegedly defamatory statement "by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report." Plaintiff has made no allegation that Defendant took adverse action against him based on his consumer report. Therefore, the necessity of malice or willful intent is obviated. Accordingly, § 1681h(e) does not preclude Plaintiff's defamation claim. Finally, Defendant argues that Plaintiff's defamation claim fails to state a claim because Plaintiff failed to plead special damages. O.C.G.A. § 51-5-4 defines slander, which is oral defamation, and proof of special damages is required unless the utterance of the disparaging words (1) imputes to another a crime punishable by law; (2) charges a person with having some contagious disorder or with being guilty of some debasing act which may exclude him from society; or (3) makes charges against another in reference to his trade, office, or profession, calculated to injure him therein. Plaintiff does not argue that Citimortgage's allegedly defamatory statements fall under one of the three categories that do not require proof of damages. O.C.G.A. § 51-5-1(a), on the other hand, defines libel as "a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule." Additionally, the definition of slander in Georgia has been incorporated into the definition of libel, Hayes v. Irwin, 541 F.Supp. 397, 431 n. 34 (N.D.Ga.1982), aff'd, 729 F.2d 1466 (11th Cir.1984). Under Georgia law, no proof of special damages is necessary in the case of libel per se. General damages are recoverable. Weatherholt v. Howard, 143 Ga. 41, 84 S.E. 119 (1915). However, where the defamatory words do not constitute libel per se, special damages, such as loss of employment, income, or profits, must be pleaded. Hood v. Dun & Bradstreet, Inc., 486 F.2d 25 (5th Cir.1973), cert. denied, 415 U.S. 985, 94 S.Ct. 1580, 39 L.Ed.2d 882 (1974). Libel per se is a publication charging that one is guilty of a crime, dishonesty or immorality. Rosanova v. Playboy Enterprises, Inc., 411 F.Supp. 440, 445 (S.D.Ga.1976), aff'd, 580 F.2d 859 (5th Cir.1978). To be actionable, the statement must be both false and malicious. Mathews v. Atlanta Newspapers, Inc., 116 Ga.App. 337, 340, 157 S.E.2d 300 (1967). Malice is inferred from the nature of the defamation. Rosanova, 411 F.Supp. at 445. In Hood, 486 F.2d at 27-28, the Fifth Circuit considered a credit report prepared by a defendant, who was a credit *1378 reporting agency. The report inaccurately stated that the plaintiff was being sued for a debt and that the plaintiff's working capital was limited. The Court of Appeals agreed with the district court that the report was not libelous per se because the statements, although false, did not "impute to another conduct, characteristics or a condition incompatible with proper exercise of lawful business or trade." Id. at 28. In the present case, the Plaintiff argues that Defendant Citimortgage committed libel per se as defined by the Georgia Supreme Court in Conway v. Signal Oil & Gas Co., 229 Ga. 849, 851, 194 S.E.2d 909 (1972). In Conway, 229 Ga. 849, 850-51, 194 S.E.2d 909, the defendant had issued the plaintiff's husband a credit card. Even though the plaintiff had never used the card, the defendant had attempted to collect the debt by calling the plaintiff's employer. The Georgia Supreme Court held that because under Georgia law a wife was not liable for any credit extended unless she has accepted the goods with the knowledge that she may be liable, the defendant could not "reasonably infer that the plaintiff had assumed the account ..." Id. at 851, 194 S.E.2d 909. The court thus held that the letter to the employer was libelous per se. In Smith v. First National Bank of Atlanta, 837 F.2d 1575 (11th Cir.1988) (applying Georgia law), however, the court observed that defendant bank could reasonably infer that Selma Woody was liable for defendant Woody's debts since the application for a joint account was allegedly signed by her. Therefore, under these circumstance, malice could not be inferred from the nature of the defamation. As previously discussed above, malice may be inferred from the nature of Plaintiff's allegations. According to Plaintiff's Amended Complaint, Defendant made false statements to credit reporting agencies that his account was delinquent. Furthermore, Defendant could not reasonably infer that the account was delinquent since Plaintiff on more than one occasion disputed the accuracy of Defendant's accounting. Based on these allegations, it is not beyond doubt that Plaintiff can prove malice in support of his claim for defamation. Finding that Plaintiff's defamation claim is not preempted by § 1681t(b)(1)(F) or § 1681h(e), and that Plaintiff need not plead special damages because his allegations aver libel per se, Defendant's Motion to Dismiss Count Two, therefore, is DENIED. C. Count Four: Negligence In Count Four, Plaintiff alleges that "Citimortgage negligently serviced the subject loan, in breach of its duty to the Plaintiff to maintain proper and accurate loan records and to discharge and fulfill the other incidents attendant to the maintenance, accounting and servicing of loan records in a nonnegligent manner." Am. Compl., ¶ 42. Defendant offers two reasons why this Court should dismiss Plaintiff's negligence claim: (a) Georgia law does not recognize a claim for negligent breach of contract; and (b) Plaintiff's negligence claim is preempted by the FCRA. Looking solely to the pleadings, the Court is unable to conclude that the allegations set forth in Count Four would amount to a breach of contract between Plaintiff and Defendant. That is, this Court is unable to determine the extent, if any, Plaintiff is alleging that Citimortgage negligently performed and/or negligently breached its contractual duties governing the management of Plaintiff's account. Because Plaintiff can prove a set of facts to support his negligence claim that would not support his breach of contract claim, Defendant's first argument fails. *1379 To the extent Plaintiff is, in fact, alleging Citimortgage negligently performed and/or negligently breached its contractual duties, Plaintiff's negligence claim still survives a motion to dismiss. Generally, a mere breach of a valid contract amounting to no more than a failure to perform in accordance with its terms does not constitute a tort or authorize the aggrieved party to elect whether he will proceed in contract or in tort. Mauldin v. Sheffer, 113 Ga.App. 874, 877, 150 S.E.2d 150 (1966). Accordingly, under Georgia law, if there is no liability except that arising out of a breach of the express terms of the contract, the action must be in contract, and an action in tort cannot be maintained. Id. at 878, 150 S.E.2d 150. It is well-settled, however, that misfeasance in the performance of a contractual duty may give rise to a tort action. Tate v. Aetna Cas. & Surety Co., 149 Ga.App. 123, 124-125, 253 S.E.2d 775 (1979). The rule which may be fairly deduced from Georgia case law is that "in order to maintain an action ex delicto [in tort] because of a breach of duty growing out of a contractual relation the breach must be shown to have been a breach of a duty imposed by law and not merely the breach of a duty imposed by the contract itself." Mauldin, 113 Ga.App. at 879-880, 150 S.E.2d 150. Indeed, Georgia law recognizes the "sound legal basis" for the claim that "a single act or course of conduct may constitute not only a breach of contract but an independent tort as well." Orkin Exterminating Co. v. Stevens, 130 Ga.App. 363, 365, 203 S.E.2d 587 (1973). A contractual violation, however, is a tort only "if in addition to violating a contract obligation it also violates a duty owed to plaintiff independent of a contract to avoid harming him." Travelers Ins. Co. v. King, 160 Ga.App. 473, 475, 287 S.E.2d 381 (1981). Because Plaintiff may later prove facts showing that Defendant's duties arose independent of any contract between Plaintiff and Defendant, Plaintiff states a claim for negligence, even if the same conduct would constitute a breach of contract. Indeed, the law imposes upon persons of professional standing performing medical, architectural, engineering, and those performing other and like skilled services, pursuant to their contracts made with their clients, an obligation to exercise a reasonable degree of care, skill and ability, such as is ordinarily exercised under similar conditions and like circumstances by persons employed in the same or similar professions. See, e.g., Block v. Happ, 144 Ga. 145, 146, 86 S.E. 316 (1915) (undertaking of architect implies he will exercise his skill and ability reasonably and without neglect). This is a duty apart from any express contractual obligation. Therefore, persons of this class performing services pursuant to their contracts with their clients have been held liable in tort for their negligence in failing to exercise the required degree of skill, and thus to be liable to a suit in tort under the doctrine applicable to misfeasance or the negligent performance of the contract. Mauldin, 113 Ga.App. at 880, 150 S.E.2d 150 (citing Georgia and other cases). To state it otherwise, Defendant undertook the performance of servicing Plaintiff's mortgage loan, which, if negligently performed, would obviously cause loss to the Plaintiff. The Court finds, therefore, that negligence is a cognizable claim under the facts alleged. The Court must now determine whether Plaintiff's negligence claim is preempted by the FCRA. As discussed above, Plaintiff's negligence claim must be analyzed not under § 1681t(b)(1)(F) but under § 1681h(e), which requires "malice or willful intent to injure." However, where there is a requirement of "malice or willful intent to injure" there is no cause of action for negligence. Because negligence *1380 claims, by definition, are not premised upon Defendant's malice or willful intent to injure, negligence claims are preempted by § 1681h(e). Section 1681h(e), however, only preempts state common law causes of action based on information disclosed pursuant to section 1681g, 1681h, or 1681m of this title, or "based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action." As discussed above, Plaintiff has made no allegation that Defendant's disclosures were made pursuant to the requirements of the FCRA. As such the necessity of malice or willful intent is obviated. Furthermore, Plaintiff's negligence claim is premised not just on Citimortgage's negligent disclosure of information but also the negligent maintenance, accounting, and servicing of his loan account. This Court, therefore, rejects Defendant's argument that Plaintiff's negligence claim is preempted by § 1681h(e). Therefore, Defendant's Motion to Dismiss Count Four of Plaintiff's Amended Complaint is DENIED. D. Count Six: Breach of Contract In Count Six of the Amended Complaint, Plaintiff alleges that "[t]he actions of Citimortgage, in mismanaging Mr. Johnson's mortgage account, in failing to respond appropriately to his inquiries, and in reporting alleged mortgage arrearages to credit reporting agencies, constitute a breach of contract." Defendant complains that this allegation is so vague and ambiguous that Citimortgage cannot reasonably or adequately respond. Specifically, Plaintiff has not identified what provision(s) of which contract(s) Citimortgage allegedly breached, much less how the provision(s) was breached. The Federal Rules of Civil Procedure only require a short and plain statement of the claim showing that the pleader is entitled to relief. Fed.R.Civ.P. 8(a). The pleading must nevertheless provide notice of the circumstances which give rise to the claim and a complaint which contains a bare bones allegations that a wrong occurred and which does not plead any of the facts giving rise to the injury does not provide adequate notice. Williams v. Lear Operations Corp., 73 F.Supp.2d 1377, 1381 (N.D.Ga.1999). Defendant has moved this Court under Fed.R.Civ.P. 12(e) for a more definite statement of this claim. Noting Plaintiff's consent to provide such a statement, Defendant's motion is GRANTED. E. Count Seven: Breach of the Covenant of Good Faith and Fair Dealing Defendant argues that Plaintiff's claim for breach of the covenant of good faith and fair dealing must be dismissed because such a claim cannot be stated as an independent cause of action. The Court disagrees. In Stuart Enterprises International, Inc. v. Peykan, Inc. 252 Ga.App. 231, 555 S.E.2d 881 (2001), the Court of Appeals of Georgia found that the plaintiff's claim of breach of the covenant of good faith and fair dealing was not an independent cause of action which could be asserted separately from the claim for breach of contract. Because the jury had found for the defendant on plaintiff's breach of contract claim, the Court of Appeals of Georgia found that there could be no breach of the covenant of good faith and fair dealing. The Eleventh Circuit Court of Appeals, in interpreting Georgia law, explained the concept succinctly: "The `covenant' [to perform in good faith] is not an independent contract term. It is a doctrine that modifies the meaning of all explicit terms de facto when performance is maintained de jure." Alan's of Atlanta, Inc. v. Minolta Corp., *1381 903 F.2d 1414, 1429 (11th Cir.1990) (citation omitted). Plaintiff in this case is not asserting the breach of covenant to perform in good faith separate from a breach of contract claim. In Count Six, Plaintiff alleges that by mismanaging Plaintiff's account, failing to respond to his inquiries, and inaccurately reporting mortgage arrearages to credit reporting agencies, Defendant Citimortgage breached its contract with Defendant. This case, therefore, is distinguishable from Stuart, where the plaintiff failed to prove breach of contract, and Minolta, where the plaintiff failed to even plead breach of contract. Taking Plaintiff's allegations as true, i.e., Defendant breached its contract with Plaintiff, Plaintiff states a claim for breach of the covenant to perform in good faith. Therefore, Defendant's Motion to Dismiss Count Seven is DENIED. F. Count Eight: Stubborn Litigiousness In Count Eight of the Amended Complaint, Plaintiff alleged that Defendant "has acted in bad faith, been stubbornly litigious, and caused Mr. Johnson unnecessary trouble and expense," entitling Plaintiff to expenses of litigation including attorney's fees under O.C.G.A. § 13-6-11. Am. Compl., ¶ 47. Defendant argues that Plaintiff fails to state a claim for stubborn litigiousness because a bona fide controversy exists between the parties and Plaintiff has failed to show that Citimortgage has acted in bad faith. Indeed, "stubborn litigiousness" refers to situations where "a defendant forces suit where no `bona fide controversy' exists." Ostrom v. Kapetanakos, 185 Ga.App. 728, 730, 365 S.E.2d 849 (1988). "Bad faith," in turn, is not simply bad judgment or negligence, but it imports "a dishonest purpose or some moral obliquity, and implies conscious doing of wrong, and means breach of known duty through some motive of interest or ill will." Rapid Group, Inc. v. Yellow Cab of Columbus, 253 Ga.App. 43, 49, 557 S.E.2d 420 (2001). In passing on a motion to dismiss for failure to state a claim, this Court assumes Plaintiff's allegations are true. Because Plaintiff alleges that Defendant acted in bad faith and has been stubbornly litigious, Plaintiff states a claim under O.C.G.A. § 13-6-11. Whether Plaintiff can prove facts to support such allegations is not for the Court to consider at this stage of the litigation. Therefore, Defendant's Motion to Dismiss Count Eight is DENIED. G. Count Ten: Intentional Infliction of Emotional Distress In Count Ten of the Amended Complaint, Plaintiff alleges "Defendant's actions, individually and collectively, were extreme and outrageous; they intentionally and/or recklessly caused the Plaintiff to suffer severe emotional distress." Am. Compl., ¶ 49 In order to recover for intentional infliction of emotional distress under Georgia law, a plaintiff must prove (1) that the defendant engaged in intentional or reckless conduct; (2) that the conduct was extreme or outrageous; (3) that there is a causal connection between the wrongful conduct and plaintiff's emotional distress; and (4) that plaintiff's emotional distress is severe. Yarbray v. Southern Bell Telephones & Telegraph Co., 261 Ga. 703, 409 S.E.2d 835 (1991). Whether a claim rises to the requisite level of outrageousness and egregiousness is a question of law to be determined by the Court. Id. Liability for intentional infliction of emotional distress has only been imposed "where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, *1382 and utterly intolerable in a civilized community." Norfolk So. Ry. Co. v. Spence, 210 Ga.App. 284, 435 S.E.2d 680 (1993). Here, Plaintiff alleges that Defendant intentionally or recklessly caused Plaintiff to suffer severe emotional distress by engaging in extreme and outrageous conduct. Taking Plaintiff's allegations as true, as the Court must, Plaintiff states a claim for intentional infliction of emotional distress under Georgia law. At this stage in the litigation, this Court is unable to say that Plaintiff cannot prove a set of facts that would support his claim. Defendant's Motion to Dismiss Count Ten, therefore, is DENIED. V. Plaintiff's Motion for Scheduling and Settlement Conference Plaintiff moves this Court for a Scheduling and Settlement Conference. Plaintiff's Motion for a Scheduling Conference is DENIED. Noting that Plaintiff's Motion for Settlement Conference is unopposed, this Motion is GRANTED on condition that Defendant also seeks a settlement conference with this Court. VI. Conclusion Defendant's Motion to Dismiss [# 4] is DISMISSED as moot. Defendant's Motion to Dismiss Amended Complaint [# 23] is GRANTED in part and DENIED in part. Defendant's Motion to Dismiss Counts Two, Three, Four, Six, Seven, Eight, and Ten of Plaintiff's Amended Complaint is DENIED. Defendant's Motion that Plaintiff be required to provide a more definite statement as to Count Six is GRANTED. Plaintiff is DIRECTED to file such a statement within ten (10) days of entry of this Order. Plaintiff's Motion for Scheduling and Settlement Conference [# 21] is GRANTED in part and DENIED in part. Plaintiff's Motion for Scheduling Conference is DENIED. Plaintiff's Motion for Settlement Conference is GRANTED on condition that Defendant also seeks a settlement conference with this Court. The parties are DIRECTED to advise the Court whether they jointly seek a settlement conference with this Court within twenty (20) days of entry of this Order. The Court notes that discovery in this matter ended on September 16, 2004. No motion for stay or extension has been filed by either party. The parties, therefore, are hereby DIRECTED to file dispositive motions within twenty (20) days of entry of this Order In the alternative, the parties are DIRECTED to confer and file a proposed pretrial order within thirty (30) days of entry of this Order. NOTES [1] See Defendant's Consent to Plaintiff's Motion for Leave to File Plaintiff's Amended Complaint [# 14]. [2] The Fifth Circuit has only spoken indirectly to the question of the relationship of state law claims to the protections provided furnishers of credit information under the FCRA. See Young v. Equifax Credit Info. Services, 294 F.3d 631, 638-640 (5th Cir.2002) (giving effect to the qualified protections of the older § 1681h(e) while recognizing the notice required to trigger the duties of § 1681s-2(b)). A recent Fourth Circuit case, Beattie v. NationsCredit Fin. Servs. Corp., 69 Fed.Appx. 585, 2003 WL 21480586 (4th Cir.2003), applied South Carolina law to determine the issue of "malice or willful intent" pursuant to § 1681h(e)'s language without any discussion of two preemption provisions.

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Monthly Archives: February 2013 Post navigation I am an independent analyst and consultant with 19 years of experience as a sell side technology analyst and 13 years of prior experience as an electronics designer and software developer. The purpose of the Geek’s Reading List is to draw attention to interesting articles I encounter from time to time. I hope that what I find interesting you will find interesting as well. These articles are not to be construed as investment advice, even though I may opine on the wisdom of the markets from time to time. That being said, it is absolutely important that investors understand the industry in which they are investing, along with the trends and developments within that industry. Therefore, I believe these comments may actually help investors with a longer time horizon. Please feel free to pass this newsletter on. Of course, if you find any articles you think should be included, please send them on to me! 1. Windows 8: Microsoft’s Progress Debated I find the “numbers of apps” a pretty pointless figure for any platform. Most “apps” are trivia – essentially little more than webpages. This is especially the case for Windows Phone because they are essentially ported from Android and it is quite clear that app development is not the road to riches it was expected to be. In any event, only Microsoft knows how Windows 8 is doing at the moment. My personal view is “not well”. “If you just read the headlines, it might seem that Microsoft is on a roll with its new Windows products. In the first half of February, Windows Phone posted a 150% year-over-year improvement in market share, Windows 8 users gained access to 750,000 additional apps and analysts speculated that Microsoft Office might be sitting on billions in untapped revenue. The news might sound encouraging to Redmond fans and, in some ways, the enthusiasm is warranted. The bigger narrative, though, is how these developments reaffirm the obstacles Microsoft faces in executing its Windows 8 strategy.” This could turn out to be a nightmare for HP – although the fire it is a bit over stated because, as HP points out there is a thermal cut off which prevents this from happening (and usually these self-reset, so the printer doesn’t really self-destruct). This hacking problem is a particular issue within the context of this news item from a few weeks ago http://www.therecycler.com/posts/unprotected-hp-printers-remotely-hacked-using-google-search/ . So, we have 80,000+ easily hackable online printers which, supposedly, cannot easily be fixed. Excellent. “Could a hacker from half-way around the planet control your printer and give it instructions so frantic that it could eventually catch fire? Or use a hijacked printer as a copy machine for criminals, making it easy to commit identity theft or even take control of entire networks that would otherwise be secure?” 3. All to play for Social media and video games are two things I just don’t understand. Nonetheless, it is a very big business. There is a close relationship between hardware performance and software utility. Software is limited by human factors what hardware proceeds according to Moore’s Law. Early on, hardware limits software, eventually software limits the ability to exploit hardware (I call this decreasing marginal utility). We are probably there with video games. Of course, the platform vendors can simply come out with new platforms and discontinue the old ones, but that is a risky strategy. Ultimately, I believe open platforms will win out, which will marginalize the platform vendors. “THESE days video games rival films as a form of entertainment. Sales figures are murky, but most estimates put annual revenues at between $60 billion and $70 billion. So the launch by Sony, on February 20th, of the PlayStation 4, its latest games console, was appropriately full of razzmatazz. Those attending the launch in New York were treated to a dazzling light show and images of goblins and ice goliaths from games for the new gizmo, which goes on sale towards the end of the year.” 4. MIT researchers build Quad HD TV chip Higher resolution TV requires advanced compression systems in order to fit the signal into the available bandwidth. HEVC is an emerging standard, and this device is actually a decoder, not a compressor. Compression tends to be more challenging, but can be done non-real time for many applications. Decoders tend to have to work real-time (which can be a challenge) but have to be cost effective: after all, in most applications you have many more receivers than transmitters. “At the International Solid-State Circuits Conference this week, MIT researchers unveiled their own HEVC chip. The researchers’ design was executed by the Taiwan Semiconductor Manufacturing Company, through its University Shuttle Program, and Texas Instruments (TI) funded the chip’s development.” 5. Open Source Storage Changes Industry Cost Structure Open source hardware is coming along however, as we have seen with open source software, there is considerable resistance among companies and institutions to adopt these types of platforms. That reticence will disappear, eventually. I suspect universities and schools will be more enthusiastic early adopters of Open Source Storage. “Backblaze made their first generation “Storage Pod” design open source in 2009 and they have just announced the third generation of the Storage Pod. Prior Storage Pod designs have been built into many build-it-yourself storage systems and some commercial OEMs have also picked up on the design. The third generation increases storage capacity to 180 TB using 4 TB HDDs and allows multiple boot-drives, including SSD drives. This product is open source like the earlier designs and the estimated cost of the boxes is $1,950 without drives. With drives they estimate storage costs are about $0.06/GB, close to the naked HDD costs of about $0.04/GB.” 6. How Big Business is Stymying Makers’ High-Res, Colorful Innovations IP protection is good but this article makes a good point. We can consider ourselves fortunate that the use of patents to stifle innovation was not a dominant business theme when the semiconductor industry emerged – I figure we’d still be using 4 bit processors if that was the case. Perhaps some form of enforced licensing scheme is the answer. “The past year was a breakout for desktop 3-D printing. MakerBot released two new models, Formlabs debuted the first prosumer 3-D printer to use high-accuracy stereolithography, and a slew of innovative, printed projects lifted awareness and desirability of additive manufacturing for the general public. But the year ended with a legal hiccup. Formlabs will be dealing with a patent infringement lawsuit brought against them by 3D Systems, one of the biggest players in the industry. The hobbyist segment of the industry has been built on the back of expired patents, but as the Electronic Frontier Foundation has pointed out, many patents that will be required to advance the state of the art will not expire for years or even a decade.” 7. For $19, An Unlimited Phone Plan, Some Flaws I don’t really understand why there should be a problem with mobile phone which prefers VoIP over WiFi: my home phone uses Vonage and audio quality is not a concern. Besides, most smartphone use is not for voice. “But I’ve been testing an Android smartphone from an upstart carrier that charges just $19 a month for unlimited data, voice and texts—with no contract. That’s right: $19 a month, unlimited.” Channel checks #1 of #2. When I was an analyst, hearing the words “channel check” was equivalent to hearing “this is some bullshit I just made up”. Of course, occasionally “channel check” was a disguise for release material non-public information (which happens more often than you would like to believe). To be fair, few analysts have a grasp of basic statistics, so you can’t blame them. “Some industry watchers had high hopes for BlackBerry’s (BBRY) first next-generation smartphone in its debut quarter, but it looks like they may have gotten ahead of themselves. Now, the Street is revising its estimates in light of a slower than expected rollout and what appears to be a softer launch than many had hoped for.” 9. Don’t Believe Everything You Hear, The Z10 Sales Are Going Strong Channel checks #2 of #2. Of course, I’m not saying the analyst is wrong – sometimes dipping you hand in the ocean actually does pull up a representative sample. Nonetheless, one should use caution when reacting to such news. “What is strange to me is the timing and the fact of how erroneous that statement is. This piece of “news” actually has affected the stock negatively. According to our checks BlackBerry has sold out in many countries including the United Emirates. Pre-orders in Saudi Arabia are extremely high and most of the United Kingdom was sold out on day 1. Canada has seen a large volume of sales and some people are still on a wait list for Rogers. Also keep in mind the device is constantly being introduced to more markets.” 10. FCC votes to ease Wi-Fi congestion I believe an emphasis should be placed on freeing up as much spectrum for unlicensed use as possible as there will be a great need for more such spectrum in the coming years, if just to support machine to machine communications. “The Federal Communications Commission (FCC) voted unanimously on Wednesday to move forward with a plan to set aside additional frequencies for Wi-Fi devices. The commission said the proposal would increase the capacity of Wi-Fi networks and would help to relieve congestion on hotspots at hotels, airports and other crowded areas.” This is a great upgrade because of the PDF viewer. I have finally uninstalled Adobe’s PDF reader because it was sucking up bandwidth and demanding an update every few days (or so it seemed). For a standalone reader, SumatraPDF or Nitro (which is more full featured) are much superior to Adobe’s product. “Mozilla on Tuesday officially launched Firefox 19 for Windows, Mac, Linux, and Android. The improvements include a built-in PDF viewer on the desktop and theme support on Google’s mobile platform.” If true, this is pretty disgusting behaviour. I use Adblock, but bock all ads (it isn’t that hard to do). In any event, there is nothing complicated about Adblock and there is no reason a ‘fair’ Adblocker will not emerge to get around any abuses. “Now, according to a source who works for a major online publisher (and would only speak on the condition of anonymity), Adblock Plus approached the company and offered to push ads through the extension’s filters in exchange for a third of the profits generated by the advertising. Put another way, the Adblock Plus allegedly will allow its definition of acceptable advertising to be determined by a dollar amount.” 13. Retinal implant restores vision for eight blind people This technology has been advancing in leaps and bounds, as befits any semiconductor process driven by Moore’s Law. It is hard to evaluate whether the patients have a significant improvement to their lives. Nonetheless, we can safely assume that pixel counts will be in the millions within a few years, and that should begin to approximate ‘normal’ sight. “Developed by researchers at the University of Tübingen, Germany, the Alpha IMS has a few benefits over the Argus II. It has 1,500 electrodes compared to the Argus II’s 60, offering much higher resolution and clarity. Because it’s implanted behind the retina, patients can look around naturally by moving their eyes — the Argus II requires its wearer to turn their head. It’s also able to take advantage of the “natural processing power” of the neurons in the retina, which help to process motion and contrast.” One has to assume the Internet hasn’t ever heard of ‘transformers’ because there is no magic here. The problem is that you’ll have to place a coupler every so many meters along a train track so the cost wold be astronomical. “Engineers say the transmitting technology supplies 180 kW of stable, constant power at 60 kHz to passing vehicles that are equipped with receivers. The initial OLEV models above received 100 kW of power at 20 kHz through an almost eight-inch air gap. They have recorded 85 percent transmission efficiency through testing so far.” 15. Audi’s New Matrix Headlights Face Opposition In The US The interesting thing is, the problem is with the fact the headlights steer, not whether they are LED or traditional. This issue has been brought up in the past: Citroen introduced tracking headlights which were required to be disabled in North America. Those where mechanically controlled, which make a lot more sense to me than running them off the navigation system. LED headlamps will be common within a few years as they should permit much greater design flexibility and even fuel savings along with a longer life. “The new Matrix LED headlights unveiled by Audi January 2013 are a great example of how LED lights on a vehicle can help make the driving experience safer. The headlights consist of several LED lights in a grid pattern that work in conjunction with reflectors and lenses and function as the cars high beams. They can detect when there is an oncoming vehicle and dim or shut off individual LED bulbs accordingly, giving the driver one less thing to worry about while on the road.” 16. Perils of the long range electric car Building an electric car is not hard. In many ways it is easier than building a gasoline powered car. The hard part is the battery and the battery pack on an electric vehicle is the most expensive part, by far. It is the equivalent of double the cost of a new engine and transmission for a gasoline power car. All batteries wear out after a certain number of charge cycles. Battery technology, being chemistry, evolves very, very slowly. Unlike an engine, when a battery is used up, it is finished – you can’t repair it. I have put over 300,000 km on several cars. The most expensive repair I have ever done (replacing a head gasket) would have cost about $1,000 at a dealer. Even an engine replacement would cost well below $5,000. There is a good chance that, within 5 years an electric car will need a new battery, and it will almost certainly need a new battery within 10 years. The cost to replace the battery is $10,000 or more (much more). That means that a 5 year old electric car has very little value, while I can keep any gas powered vehicle going for decades provided I do occasional repairs. The trailer idea surfaces now and then. It is silly: beside the difficulty of driving with a trailer rather than renting a trailer, you could just rent a normal car. If you needed a trailer often, you’d be better off owning a normal car. “You’ve probably seen the battle going on between Elon Musk of Tesla and the New York Times over the strongly negative review the NYT made of a long road trip in a Model S. The reviewer ran out of charge and had a very rought trip with lots of range anxiety. The data logs published by Tesla show he made a number of mistakes, didn’t follow some instructions on speed and heat and could have pulled off the road trip if he had done it right.” 17. The Future of the Internal Combustion Engine – Inside Koenigsegg An interesting video of an experimental technology which forgoes the camshaft of an internal combustion engine. This has been tried before, however the approach seems novel. It gets really interesting at the end when he discusses regenerative breaking. The one question I have (besides cost) is where the compressed air would come from to actuate the valves at start up. 18. France to invest €20bn in high-speed broadband for the entire country It is hard to believe that Canada and the US once ranked at the top in the world for telecommunications infrastructure at the same time it took a year to get a phone line installed in Europe. That era also, coincidentally, saw the emergence of North American global leaders in telecom equipment. The fact France, of all places, is making catching up’ a national priority simply underlines the decline in competiveness here. “”High-speed broadband strengthens [France’s] businesses competitiveness and the quality of [its] public services. [It] will bring more fluidity, more simplicity for communications between business, their customers, and the public sector as well,” Hollande said on Wednesday, adding the rollout could directly generate 10,000 jobs.” 19. Why do Canadian broadband rates vary so much? We not only pay too much, we get terrible service. It’s hard to believe Canada once had a world leading telecom infrastructure (oddly enough, that was when population densities were even lower than they are now). “When comparing the price of internet services with those in other countries, Canadians think they’re paying too much for too little — but in some ways, it’s the variance in rates across the country that really stands out. Compared with similar telecom services like wireless and television, the cost of broadband internet across Canada varies greatly between provinces. Western Canadians tend to pay the least, while prices in Nova Scotia and Prince Edward Island are the highest.” 20. The Stupidest Thing Ever Said I stopped watching Mercer after he did those advertisements for the government because I figure you are either a comedian, or a shill. Nonetheless, thanks to this, I just might start watching again. Interestingly, the CBC has had two items on Canada’s abysmal telecom infrastructure and market recently. Given the reticence of the media (largely owned by the telecommunications oligopoly) to take on the telecommunications oligopoly, it is refreshing. I am an independent analyst and consultant with 19 years of experience as a sell side technology analyst and 13 years of prior experience as an electronics designer and software developer. The purpose of the Geek’s Reading List is to draw attention to interesting articles I encounter from time to time. I hope that what I find interesting you will find interesting as well. These articles are not to be construed as investment advice, even though I may opine on the wisdom of the markets from time to time. That being said, it is absolutely important that investors understand the industry in which they are investing, along with the trends and developments within that industry. Therefore, I believe these comments may actually help investors with a longer time horizon. Please feel free to pass this newsletter on. Of course, if you find any articles you think should be included, please send them on to me! 1. Flash will ride DRAM bus in 2014, says Micron This could truly disrupt the SSD market because access times on any DDR DRAM bus are going to be orders of magnitude faster than the SATA III serial bus. Besides this approach gets rid of all the crap associated with the 25 year old PC hard disk interface, so SSD controller vendors should be very concerned. Operating System support will likely be required for this to take off, however, and that tends to take a while. “Memory chip vendor Micron Technology Inc. plans to place NAND flash along with DRAM on memory modules that ride the DDR4 bus when arrives in about 18 months. The company believes Microsoft Windows will support the so-called Hybrid DIMMs that could pack more than 256 Gbytes of memory.” 2. Ten chip sectors tipped to grow I don’t consider industry research to be worth the electrons it’s transmitted as, but some people are interested. I’d give 10:1 odds against total IC growth of 6% or more this year as there are no significant end markets growing at that rate and there are plenty of negative growth segments. In any event, most manufacturers play in growth and non-growth segments, so there is little in the way of useful information from an investment perspective. The only investment theme worthy of note is consolidation: large semiconductors companies wasting shareholders’ money buying smaller ones. “Ten product categories, led by tablet processors and mobile phone application processors, are projected to enjoy a growth rate of 6 percent or better in 2013, according to market analysts IC Insights. The firm forecasts that the total IC market will grow 6 percent this year.” 3. Worldwide LED component market grows 9% with lighting The usual cautionary comments about industry research apply. The only interesting part of the LED market from my perspective is general purpose lighting (replacement of incandescent and CFL bulbs). Unfortunately for the lighting industry, better pricing on LEDs, combined with their long lives will do the boat business what fiberglass boats did to wooden boats. “LED component revenue for lighting applications reached $3.11 billion in 2012, narrowly dethroning the large area display backlight segment at $3.06 billion, according to Strategies Unlimited, a market research firm covering the LED industry. The worldwide market for LED components was $13.7 billion and is expected to grow to $16.4 billion in 2017, for a CAGR of 3.7%.” 4. Retail copies of Office 2013 are tied to a single computer forever There is some discussion as to whether or not this is truly the case, though I can readily believe it. There hasn’t been much of value added to Office with the days of Windows XP, so Microsoft has to do something to keep the cash flowing. Forcing you to buy a new copy of Office with every computer would do the trick, however, OpenOffice and LibreOffice continue to improve and make headway into the market. “With the launch of Office 2013 Microsoft has seen fit to upgrade the terms of the license agreement, and it’s not in favor of the end user. It seems installing a copy of the latest version of Microsoft’s Office suite of apps ties it to a single machine. For life.” 5. Microsoft brings solar Wi-Fi to rural Kenya Just to show Microsoft isn’t all evil. “Solar-powered Wi-Fi is being installed in the area that will give local people easy access to the internet for the first time. The pilot project – named Mawingu, the Swahili word for “cloud” – is part of an initiative by Microsoft and local telecoms firms to provide affordable, high-speed wireless broadband to rural areas. If and when it is rolled out nationwide, as planned, it will mean that Kenya could lead the way with a model of wireless broadband access that in the West has been tied up in red tape.” 6. Fast fibre: A community shows the way As guy living on a farm just outside Canada’s largest city without real broadband, this article gave me some hope. “How fast is your home broadband? Seventy to 80 Mbps if you’re one of the few with the very fastest fibre broadband services? Perhaps 10Mbps if you’ve got an average connection, maybe under 2Mbps if you live some miles from your nearest exchange. So how would you fancy a 500Mbps download scheme? That is what I’ve seen on Harry Ball’s quite ancient computer – not in the heart of London but in a village in rural Lancashire.” 7. Linux Foundation releases Windows Secure Boot fix The launch of Windows 8 was accompanied by a ‘secure boot’ system, pioneered by Microsoft, which conveniently wreaked havoc on non-Windows 8 operating systems. The open source community has been working overtime to deliver a workaround. “James Bottomley — Parallels’ CTO of server virtualization, well-known Linux kernel maintainer, and the man behind the Linux Foundation’s efforts to create an easy way to install and boot Linux on Windows 8 PCs — announced on February 8 that the Linux Foundation UEFI secure boot system was finally out.” 8. IBM’s Watson Gets Its First Piece Of Business In Healthcare I find the density and performance increase claims rather dubious, unless the original Watson had been poorly cobbled together (which seems unlikely). Still, it is interesting to see this technology find its way into real-world applications and lord knows, the healthcare business is rarely cutting edge from an IT perspective. “Pricing was not disclosed, but hospitals and health care networks who sign up will be able to buy or rent Watson’s advice from the cloud or their own server. Over the past two years, IBM’s researchers have shrunk Watson from the size of a master bedroom to a pizza-box-sized server that can fit in any data center. And they improved its processing speed by 240%. Now what was once was a fun computer-science experiment in natural language processing is becoming a real business for IBM and Wellpoint, which is the exclusive reseller of the technology for now. Initial customers include WestMed Practice Partners and the Maine Center for Cancer Medicine & Blood Disorders.” 9. Facebook error that hijacks thousands of websites isn’t just an ‘inconvenience’ As noted many times in the past, I am not in to social media, and don’t see the point of Facebook. How Facebook could be in the position where this could happen is a matter for advertisers and users to ponder. Big Brother is corporate. “Thousands of major — and not-so-major — websites found their traffic redirected to a Facebook error page yesterday, a phenomenon that lasted upward of an hour, according to varying accounts. Although the social networking site dismissed the event as the result of a Facebook error that was “quickly repaired,” it would be imprudent to blithely view the event as a glitch or mere inconvenience. It’s downright concerning, both from a business and a privacy perspective.” 10. Interest in BlackBerry 10 surges while iPhone loyalty slips The headline is misleading, and I am not sure what you can conclude from the data. This is about existing owners purchase intentions, so the few remaining Blackberry owners may have been holding out for the new product, while Samsung and, especially iPhone owners may simply be satisfied with their existing phones. “The latest YouGov report on smartphone brand perception and purchase intent is out, and this one is a keeper. According to the data, the proportion of BlackBerry owners planning to purchase a new BlackBerry (BBRY) within six months has rocketed from 18% to 43% since the spring of 2012. Over the same time period, the same number for iPhone owners has slipped from 92% to 85% while the number for Samsung (005930) Galaxy owners has ticked up from 46% to 53%. The interesting part here is how close the BlackBerry purchasing intent level is now to Galaxy’s level. One could argue that the iPhone slippage was unavoidable in the period after the iPhone 5 launch and before the rumor mill on the new models kicks into high gear.” A number of years ago I was astonished to discover that people actually believe that paid celebrity endorsements carry weight with some people. Setting aside the question of what some half-wit singer might know about mobile phones, she is being paid to pretend she likes this one. I guess whoever authors her ‘tweets’ didn’t get the message and screwed up. “The Apple device is definitely her side piece, if not her number one gadget, despite that awkwardly long metaphor she made on stage last month about breaking up with iOS at the launch of BlackBerry 10. Perhaps two weeks in, she got sick of the Z10 and said screw it. No one likes a cheater, Alicia.” 12. Android phones are connecting without carrier networks SPAN would make a useful tool though I don’t understand why the article focuses on voice. Most smartphone use is for data, especially in a disaster, and an ad-hoc network would be far more resilient with asynchronous (vs. isochronous) data. “The Smart Phone Ad-Hoc Networks (SPAN) project reconfigures the onboard Wi-Fi chip of a smartphone to act as a Wi-Fi router with other nearby similarly configured smartphones, creating an ad-hoc mesh network. These smartphones can then communicate with one another without an operational carrier network.” 13. Samsung Emerges as a Potent Rival to Apple’s Cool It is interesting to note how the press builds you up, then cuts you back down again. It would be imprudent to conclude Apple is out of the game though loss of the reality distortion generator is going to be hard to overcome. The same hack who whipped consumers into a frenzy over Apple’s latest gadget are now raising another hero on their shoulders. Mark my words: Samsung’s tenure will also be brief. “Apple, for the first time in years, is hearing footsteps. The maker of iPhones, iPads and iPods has never faced a challenger able to make a truly popular and profitable smartphone or tablet — not Dell, not Hewlett-Packard, not Nokia, not BlackBerry — until Samsung Electronics.” 14. 3D printing’s next level: economy cars (w/ video) This is an interesting story and video, but the actual application is completely non-viable: 3D printing is unlikely to ever become a substitute for, or competitive with, traditional mass production techniques and more than machining has displaced casting. “You can produce a lot of things on 3-D printers nowadays — fantasy figurines from World of Warcraft, prototypes for implantable medical devices, jewelry, replacement joints, precision tools, swimwear, a replica of King Tut’s mummy. Jim Kor is printing a car.” 15. Copyright Boss: ‘It’s Great Mechanics Now Need To Know About Copyright’ Intellectual Property protection is legitimate, but it has really gone off the deep end. It is unclear to me how you can actually copyright data (which is what error codes are) and I’d hope and expect that if you could a large pirate network will emerge to neutralize this nonsense. “We’ve talked a few times about how abuses of copyright law have created messes for industries that you might think would never have to deal with copyright on a regular basis. Take, for example, mechanics. What does repairing your car have to do with copyrights? In the past, absolutely nothing. More recently, however, it’s been a huge deal. That’s because automakers have used copyright to lock up diagnostic codes and information concerning onboard computers.” 16. Why are there so many Russian dash cam videos on the internet? The article shows why there are so many dash cam videos from Russia, however, it makes you wonder why dash cams aren’t more common in the rest of the world. “You can’t peruse videos on the internet for long before coming across shocking footage of a car crash recorded by a dash-mounted camera. The overwhelming majority of such videos are captured on Russian roads, but have you ever wondered why? It’s a little disconcerting when you first notice the trend. Are Russians just more prone to accidents? Well, that’s actually a surprisingly small part of the puzzle. Dash cams turn out to be nearly indispensable for Russian drivers.” 17. Mice Fall Short as Test Subjects for Humans’ Deadly Ills This is a great article about science: it shows the good parts and the bad parts. The idea that scientists as Spock-like researchers only interested in the truth, rather than humans with their own biases is a definite negative. The good bit is that, eventually, the facts win out. Of course, it remains to be seen as to whether the research covered in this article turns out to be correct. “For decades, mice have been the species of choice in the study of human diseases. But now, researchers report evidence that the mouse model has been totally misleading for at least three major killers — sepsis, burns and trauma. As a result, years and billions of dollars have been wasted following false leads, they say.” 18. Study Reveals Potential Of Manganese in Neutralizing Shiga Toxin This is a really interesting potential scientific breakthrough. If I were suffering from one of these infections and given a poor prognosis, I’d sure ask for manganese – once the acute phase was over, any excess metal could be treated with standard chelation therapy. “University researchers have discovered that an element commonly found in nature might provide a way to neutralize the potentially lethal effects of a compound known as Shiga toxin. New results published in the Jan. 20 issue of Science by Carnegie Mellon biologists Adam Linstedt and Somshuvra Mukhopadhyay show that manganese completely protects against Shiga toxicosis in animal models. “ Another example of the academic publishing industry run amok. The appropriate response by the librarians would be simply to cancel their subscriptions. “A university librarian who is being sued after writing a critical blog post about a scholarly publisher is finding support from professors and librarians around the world. In 2010, Dale Askey, now a librarian at McMaster University, in Ontario, wrote a blog post about Edwin Mellen Press on his personal Web site, Bibliobrary, referring to the publisher as “dubious” and saying its books were often works of “second-class scholarship.” For a few months afterward, several people chimed in in the blog’s comments section, some agreeing with Mr. Askey, others arguing in support of the publisher.” 20. PeerJ Academic publishing has devolved into a brutally profitable business as a consequence of consolidation. There is no reason for this to be the case in the Internet era, but it will take some time for alternatives to establish themselves. I have bookmarked PeerJ and hope to work my way through articles (to the extent I can work through the jargon). “PeerJ provides academics with two Open Access publication venues: PeerJ (a peer-reviewed academic journal) and PeerJ PrePrints (a ‘pre-print server’ coming in March). Both are focused on the Biological and Medical Sciences.” I am an independent analyst and consultant with 19 years of experience as a sell side technology analyst and 13 years of prior experience as an electronics designer and software developer. The purpose of the Geek’s Reading List is to draw attention to interesting articles I encounter from time to time. I hope that what I find interesting you will find interesting as well. These articles are not to be construed as investment advice, even though I may opine on the wisdom of the markets from time to time. That being said, it is absolutely important that investors understand the industry in which they are investing, along with the trends and developments within that industry. Therefore, I believe these comments may actually help investors with a longer time horizon. Please feel free to pass this newsletter on. Of course, if you find any articles you think should be included, please send them on to me! I am not sure these types of surveys have much in the way of statistical rigor, however, the PC is a mature market, consumers are favoring network appliances (aka tablets) over PCs in new purchases, and Windows 8 provides a disincentive to replacing an existing PC so the results feel right. “The latest NetApplications figures for January show Windows 7 with a 44.48 percent market share, Windows XP with 39.51 percent, Windows Vista with 5.24 percent, Mac OS X 10.8 with a 2.44% market share, and Windows 8 with 2.26 percent. Microsoft can’t be pleased. As CNet notes, at a comparable time in Windows 7’s release cycle, it had already garnered 7.71 percent market share, more than three times Windows 8’s uptake.” Here is some background as to Microsoft’s strategy regarding the Surface. I don’t buy it: offering a single overpriced device as a cheap alternative to two overpriced devices makes no sense to me, especially then an Ultrabook have much more resources, notably storage. After all, a lot of the Surface’s 64GB is taken up by bloatware. “Why did Microsoft price the new 64 GB Surface with Windows 8 Pro tablet at $899 without a keyboard? The obvious answer: It runs full Windows 8, unlike the Surface RT, and its specs are comparable to touch-screen Windows 8 Ultrabooks, many of which cost more than $1,000 — roughly the same as the Surface Pro after buying one of the device’s signature keyboard.” This author makes a good point, and one which is not in opposition to the comments made by the Microsoft executive in the article above. However, I was referring to the comparison between the Surface Pro and the Ultrabook – I don’t understand why people pay what they pay for MacBook Air’s either. “Microsoft has been absolutely pummeled in the press and in reader comments this week by pundits and customers alike. They feel cheated by the amount of free storage space available to them on the new line of Surface Pro devices. But is that criticism fair or even valid?” 4. Microsoft Looking At Office For Linux In 2014 I can see Microsoft investigating Office for Linux, but I can’t imagine them actually releasing a product. Too many companies have systems running off the Office infrastructure and the cost to transition would be enormous. They are thus bound to Windows and Office and any options in that relationship would be a negative for Microsoft. “It seems thanks to the increasing market-share of Android devices and the rise of Linux on the desktop thanks to the many commercial Linux gaming initiatives that have been shared in recent months, Microsoft is being forced to take a serious look at Linux and a meaningful look at releasing their popular Office software for Linux in 2014.” 5. LibreOffice goes for “cleaner and leaner code base” with major update Speaking of Office, LibreOffice is a viable and high quality open source alternative. If lacks the Office ecosystem (macros, etc.), which means it will not free any corporate customer, however, anybody not using those features really shouldn’t waste their money on an Office license. “LibreOffice was launched in 2010 to overtake OpenOffice as the preeminent open source office suite. Google Docs may still be the biggest threat to Microsoft Office, but LibreOffice has carved out a niche for itself, becoming the default productivity software on many popular Linux distributions.” 6. BlackBerry Z10 vs Samsung Galaxy S III One of many product comparisons between the Z10 and competition. I am not sure I’d want to be compared to a product which will have been on the market for a year by the time the Z10 is broadly available. Although not addressed in this article, I found the ‘channel check’ comments made by sell-side analysts amusing: when will investors realize that talking to a couple of people at Best Buy is not statistically relevant. “History buffs be aware! Some of us might forget it, but 2008 surely turned out to be a banner year in the history of smartphones. At the time, BlackBerry smartphones were hotly sought out by people for both their consumer and enterprise features, but when Android officially launched on a device in the fall of 2008, it signaled a changing of the guard of some sorts. Fast forward to the present, the Samsung Galaxy S III has seemingly become the prized darling for the mature platform – while the BlackBerry Z10 is intent on starting yet another revolution of its own. Will BlackBerry’s flagship have what it takes to sway people from the mighty features set found with the Samsung Galaxy S III?” 7. Microsoft and Huawei debut Windows Phone for Africa I don’t know how this will sell in Africa, however, there is likely a sizeable market. However, at $150, these devices would sell like hotcakes everywhere else. “Microsoft and Huawei announced today that they’re partnering to bring a new Windows Phone to Africa. The two companies are targeting the continent, which is one of the fastest growing technology markets in the world but has seen few smartphones to date and whose majority of users still rely on feature phones.” 8. Intel’s NUC illustrates why the company struggles in a post-PC world I was a little confused as to what Intel’s NUC is (he gets to that later in the article), but the author makes a clear case against its odds of success. There is an opportunity here for AMD, if they were to go against their very nature and think strategically: a sub $100 x86, open, platform would probably find a ready market. Unfortunately, the full article is paid only, however most of what needs to be said is in the free part. “Intel is desperately trying to save the PC from the quick death looming above it, and the NUC is their latest ill-conceived master plan. More importantly, they need to do this in a market that is quickly moving from proprietary to commodity devices. Trying to get a bigger share of a shrinking BoM is decent business, but it has limits. To make matters even more grim, the consumer market has spoken and it is saying that the current Wintel path is one is not wanted, regardless of price. Technology, marketing, and consumers all add up to the NUC crashing and burning in a spectacular fashion.” 9. Ouya preorders start today; retail availability set for June This is the sort of thing AMD (or Intel, for that matter) could make a bundle on, except they are too conflicted to bring it to market. The game console market is lucrative of game console makers and much less so for game vendors. The platforms are extremely proprietary and yet, in this day and age, not that difficult to pull off. A low cost, open platform could be boon to game developers. “Speaking to the Wall Street Journal in an interview published today, Ouya CEO Julie Uhrman said that the console will be made available at retail in June. At that time, a host of retailers, including GameStop, Best Buy, and Target, will be selling the hardware. Amazon will also be carrying the device. Until then, gamers will be able to place preorders starting today.” These emerging trends within the gaming industry may be significant, and creep into other digital entertainment as well. “He talked a lot about user-generated content and the importance of it. Newell said Valve has people who are making $500,000 a year selling content in the Steam Workshop. “Years ago, a game’s content was privileged. Now we’re seeing users doing a better job of generating content than we are. It’s all about enabling that productivity and engagement.” He also thinks that users should be able to go in and create their own versions of stores that can sit on the front end of the Steam store.” 11. Hard Disk Drive Market Revenue Set for Double-Digit Decline This Year The Hard Disk industry will become marginalized in the future as these devices are displaced by SSDs in particular. It won’t go away completely: neither has the data tape industry, but it will morph back from whence it came namely, a product for institutional data rooms. This is why industry consolidation makes sense, at least for the sellers. “Facing a relentless onslaught from tablets, smartphones and solid state drives (SSD), global hard disk drive (HDD) market revenue in 2013 will decline by about 12 percent this year, according to an IHS iSuppli Storage Space market brief from information and analytics provider IHS (NYSE: IHS).” 12. CompTIA Weighs in on Expanding Unlicensed Spectrum Modern spread spectrum technologies make the century old, Marconi inspired spectrum licensing framework obsolete. Massive expansion of unlicensed spectrum would almost certainly result a boom in wireless applications, so we can only hope this goes through. “The 2010 National Broadband Plan introduced the idea of incentive auctions as a tool to help meet the nation’s spectrum needs. Incentive auctions are a voluntary, market-based means of repurposing spectrum by encouraging licensees to voluntarily relinquish spectrum usage rights in exchange for a share of the proceeds from an auction of new licenses to use the repurposed spectrum. The incentive auction idea is the latest in a series of world-leading spectrum policies pioneered in the U.S., including unlicensed spectrum uses such as WiFi, Bluetooth, near field communication and other innovations, and the original FCC spectrum auctions in the 1990s.” 13. No, free Wi-Fi isn’t coming to every US city The aforementioned proposed expansion of unlicensed spectrum resulted in a flood of articles suggesting this would result in ‘free WiFi for all’. You can’t really get there from the proposal: after all somebody would have to pay for the gear and infrastructure. Mind you, with ample unlicensed spectrum of the right sort, one could see the emergence of different business models such as non-profits and co-ops. The largest barrier to entry to a wireless service is a spectrum license, and it is what allows carriers to charge rent. “The headlines were literally too good to be true, and so outlandish no one should have written them in the first place. “FCC Proposes Free Wi-Fi For Everyone In The US,” Popular Science reported. “FCC wants free Wi-Fi for all,” said The Daily Caller. On Mashable, it was “Government Wants to Create Free Public ‘Super Wi-Fi’,” and Business Insider breathlessly reported “Telecom Corporations Are Trying To Stop The Government From Offering Free ‘Super Wi-Fi'” 14. When Will the Rest of Us Get Google Fiber? I have started reading “Captive Audience” which looks at the reestablishment of monopoly pricing power in the telecom industry in the US (it applies even more to Canada). If you think about it, this is completely the opposite of what should have happened due to the Internet. In any event, it is quite clear that eventually this must change: either through government action (which I favor) or technological innovation (which will happen in any event). “Call it the miracle on Francis Street. Last year Ryan and Jenny Carpenter got a deal seemingly too good to be true in their Kansas City, Missouri, neighborhood: an installer from Google Fiber wired their bungalow to give them at least 50 times their previous Internet access speed and a substantially better TV service, all for only $125 a month, tax included—just a few dollars more than they’d been paying Time Warner Cable.” 15. As Music Streaming Grows, Royalties Slow to a Trickle This story got a fair bit of interest, but it is nonsense: setting aside the rather dubious question that anybody who plays a musical instrument can earn a living from it (few do, especially cellists), Ms. Keating should be celebrating the fact she earned more than a dollar or two for her works, because if she had had 100 plays on a radio station with an audience of 20,000 each time, that is roughly what she would have been paid. People are not ‘buying’ her stuff – they are listening to it and the royalty model is different. You can be the number of people who would pay $0.01 each time they listen to avant-cello is pretty small. “Even for an under-the-radar artist like Ms. Keating, who describes her style as “avant cello,” the numbers painted a stark picture of what it is like to be a working musician these days. After her songs had been played more than 1.5 million times on Pandora over six months, she earned $1,652.74. On Spotify, 131,000 plays last year netted just $547.71, or an average of 0.42 cent a play.” I have been seeing a number of articles about what amounts to disposable electronics lately. This sort of thing has many potential applications, especially in advertising, if the costs come down. “All of the intelliPaper products have electronic components embedded into paper with the added capability of containing not only printed data, but also digital data which can be displayed or copied onto any computer via a standard USB port through small electrical contacts that are on the surface of the paper.” 17. Facebook: two thirds of users log off for weeks at a time I don’t see the point of social networking, and I believe most usage figures are highly suspect. That being said, it is just a matter of time before people move on to the next big thing. Maybe it is already happening: no worries, Facebook’s private shareholders have already made a bundle selling stock to Muppets, so they’re good. “Two thirds of Facebook users have taken a voluntary break from the site for several weeks or more, citing reasons ranging from “excessive gossip or drama from their friends” to “concerns about privacy”, according to new research.” 18. The Threat of Silence This is a good idea whose time has come, but it might be a mistake to assume that a US based company (based in Washington), offering “highly secure encryption” services isn’t a front for the NSA or some other organization. Even if it isn’t (and my security professor told me to assume every encryption scheme has a back door) it is a subscription service, meaning governments have a ready-made “highlighter” for who has something to hide. An app like this should only be trusted if it is anonymous and open source. “Back in October, the startup tech firm Silent Circle ruffled governments’ feathers with a “surveillance-proof” smartphone app to allow people to make secure phone calls and send texts easily. Now, the company is pushing things even further—with a groundbreaking encrypted data transfer app that will enable people to send files securely from a smartphone or tablet at the touch of a button.” 19. Block Telemarketers and Robocalls for Good with the Raspberry Pi-Powered Banana Phone This is a great idea however a Raspberry Pi is probably overkill. This sort of application could comfortably sit on a cheap micro-controller. Telemarketers could dream up counter measures, but an open source project could keep ahead of them, especially if a random assortment of techniques is used. A smartphone app would probably be a good idea as well. Expect to see this become main stream pretty quickly. “Here’s how the banana phone works. When a robocaller or automated dialer calls you, the Banana Phone picks up, plays a song (in this case, it’s Raffi’s earworm we all know) and while the song plays, text-to-speech tells the caller to enter a four-digit passcode in order to be connected to the actual line they’re calling. Automated dialers would give up at that point, but real humans would enter the number and get connected right away.” 20. Canadian Chamber Of Commerce Wants To Legalize Spyware Rootkits To Help Stop ‘Illegal’ Activity I didn’t even know there was a Canadian Chamber of Commerce. In any event, I am pretty sure most organizations would like to be able to break the law, infringe on privacy, and so on. I like the part where companies get to enforce the laws of foreign states – after all, why shouldn’t a company be permitted to enforce, say, Sharia Law? Governments are suckers for this sort of thing, but any company which would actually do this would probably find recourse through the courts the least of its worries. “… the Canadian Chamber of Commerce is proposing a very troubling idea: allowing rootkit spyware to be installed surreptitiously for the purpose of stopping illegal activity. As Geist notes, the last time this battle was fought, it was fresh on the heels of the Sony rootkit debacle, so there wasn’t much support for these concepts. But, with a few years distance, the industry groups are trying again. Specifically they either want to remove language that prevents the surreptitious installation of spyware — or they want specific exemptions.” I am an independent analyst and consultant with 19 years of experience as a sell side technology analyst and 13 years of prior experience as an electronics designer and software developer. The purpose of the Geek’s Reading List is to draw attention to interesting articles I encounter from time to time. I hope that what I find interesting you will find interesting as well. These articles are not to be construed as investment advice, even though I may opine on the wisdom of the markets from time to time. That being said, it is absolutely important that investors understand the industry in which they are investing, along with the trends and developments within that industry. Therefore, I believe these comments may actually help investors with a longer time horizon. Please feel free to pass this newsletter on. Of course, if you find any articles you think should be included, please send them on to me! According to Microsoft the problem is not that they have developed an operating system which behaves in a many people do not want on the hardware they want to buy, it is that the OEMs (i.e. Microsoft’s customers) seem to have given consumers a choice, at least on the hardware side. “Somewhat unsurprisingly, the report also indicates that OEMs have turned the tables, assigning blame for lackluster Windows 8 sales to Microsoft. The primary reason computer-makers didn’t strictly follow Microsoft’s internal guidelines is that few companies were willing to risk producing millions of expensive, high-end devices that customers weren’t guaranteed to snap up.” 2. Acer Sees Success in Chrome; Windows Fails to Drive Sales A customer’s perspective on the Windows 8 debacle. It is interesting to note the significance of Chromebooks for Acer, though I suspect netbooks were similarly successful until recently. “Chrome-based models accounted for 5 percent to 10 percent of Acer’s U.S. shipments since being released there in November, President Jim Wong said in an interview at the Taipei-based company’s headquarters. That ratio is expected to be sustainable in the long term and the company is considering offering Chrome models in other developed markets, he said.” 3. Apple Core Rot: Introduction Being a cult has its benefits, but it can also work against you: when people turn, they turn. I have never used a Mac (too expensive, poor price performance, closed system, doesn’t run the sort of software I need) so I have no idea whether the comments are valid and I am even less certain as to the business effect of frustrating software developers. What I do find interesting is the increasing number of articles by present and former cult members and the unpaid propagandists of the media who have become critical of Apple. Hell hath no fury like a fanboy scorned. “Over the past few years a semi-conscious unease has been steadily growing in my mind: OS X is not getting more reliable and more stable, it is instead developing more and nastier problems that range from interference with getting work done to potential data loss. This unease is now consciously realized, hence my decision to publish this series of pages and to no longer ignore the eruption of a serious bug, but to document it.” 4. Are U.S. Carriers Really Enthused About BlackBerry 10? I figured I had to include something about the BlackBerry 10 launch, even though the odds are very, very, low that RIM (now BlackBerry) can turn it around. After all, few tech companies who have got themselves into the position they have are ever resurrected, so, most likely, for them the war is over. Most likely they’ll end up being bought within the next year or two. “There’s a major disconnect between what BlackBerry is saying about U.S. carriers’ enthusiasm for its platform, and what the carriers themselves are saying. Unless this gets cleared up, BlackBerry 10 could be headed for an even weaker launch than Windows Phone saw here in the U.S.” 5. Android and Apple won’t dominate mobile forever The headline sure sounded interesting, but I don’t think the article lives up to its promise: there can be little doubt that something will replace Android (as Android is replacing iOS), however, there is not much chance RIM (sorry – Blackberry) will claw back much market share and Microsoft has been trying to crack the mobile device market for years with little success. “However, despite Apple’s and Google’s current dominance of the lucrative mobile sphere, analysts at ABI Research believe the future won’t be quite as duopolistic as it seems now. Indeed, according to ABI Research analyst Aapo Markkanen, 2013 should be seen as a time of relative success for both Microsoft and BlackBerry.” 6. Huawei shocks smartphone market with 3rd place finish in 2012: IDC I believe there is plenty of room at the bottom for low cost Android phones and the market matures and the opportunity for differentiation disappears. Companies like Huawei, ZTE, Acer, and others have an opening if they act quickly. “This week we’re having a bit of a double-take on the IDC’s release outlining the fourth quarter mobile device market share breakdown for the end of 2012, with none other than Huawei taking third place. This is absolutely surprising as all get-out as Huawei has never before cracked the top 5 smartphone vendors in the world – it’s only been inside the top 10 before now. Groups like LG, Motorola, and Nokia do not appear in the top 5 for smartphone sales in the quarter, while Nokia sits pretty in second place for total mobile phone “Vendors, Shipments, and Market Share” for 2012 (that includes non-smart phones).” 7. HTC Mini is your Butterfly’s candybar remote control and handset Given the increasing size of phones (phablets), this seems like a good idea to me. What they should do is make the device generic rather than HTC specific so it would find a greater market. No doubt someone will. “HTC doesn’t have a smartwatch like the Pebble, but it does have the HTC Mini, an NFC-equipped remote control and handset accessory which will be exclusively offered in China alongside the HTC Butterfly. The svelte handset – resembling an old candybar-style dumbphone – hooks up via Bluetooth to your Butterfly, so HTC suggests, and can be used for making calls without pulling the smartphone out of your pocket, as well as other things.” 8. Are you ready for a phone call so clear you’ll want a cigarette? Good to see that the problem of crappy mobile voice quality is at least being worked on. The Fraunhofer solution seems superior to my ear, however, quality is not always what determines a successful standard. “Mobile technology has moved in leaps and bounds over the past decade. So why is it that call quality is still so terrible? HD Voice is starting to be more available, but Fraunhofer, the inventors of the .mp3 and .AAC, don’t think it’s earned the title of HD. The organization has its own solution, Full-HD Voice, which could be available right now.” 9. Android processor core is royalty free I don’t recall having heard of this company before, and, unfortunately, data sheets for the company’s products are not freely available. Depending upon the price of a license, a royalty free model has considerable virtue, especially for high volume manufacturers. “Processor IP licensor Beyond Semiconductor d.o.o. has introduced the BA25 royalty-free 32-bit processor, which provides a performance improvement over the established BA22 RISC processor. Beyond Semi (Ljubljana, Slovenia) classes the BA25 as roughly equivalent to an ARM Cortex-A7 or Cortex-A8 and is pitching the core at Linux and Android applications. The core includes an optional floating point unit.” 10. Google to give schools Raspberry Pi microcomputers If you do the math, this is a brilliant stroke by Google: for a paltry few hundred thousand dollars (likely tax deductible) they got a whole lot of media coverage and, for several months at least, their donation will directly affect tens of thousands of students. There might even be a societal benefit as well! “Schools around the UK are to be given 15,000 free microcomputers, with a view to creating a new generation of computer scientists. Funded by Google, the Raspberry Pi Foundation hopes the free devices will inspire children to take up coding. The pared-down Raspberry Pi, launched a year ago, is already a huge success.” 11. The Internet Is A 21st Century Utility And We Deserve Better I have observed an interesting trend in the mainstream media regarding the need to offer state of the art Internet services. I am sure the motive is selfish: someone these corporations reckon this will help them, just as you never see this topic covered by the Canadian media (radio, TV, newspaper, magazine) which is owned by the same oligopoly which profits handsomely by providing high priced sub-third world Internet and wireless services to Canadians. “If you had to give up your internet or your home phone, which would it be? Without hesitation I’d give up my phone—in fact I did that over a decade ago. I’m not alone either. According to the National Center for Health Statistics, more than one third of American homes no longer have a landline. Conversely, Nielsen recently reported that over 212 million Americans were active online last September with close to 300 million with access—a number that has continued to grow.” 12. TechCrunch Admits That Using Facebook Comments Drove Away Most Of Their Commenters A while ago I started encountering blogs and forums which required you join Facebook to comment or even read their comments. I don’t really see why the blog or forum operator would do such a thing as the benefits would largely accrue to Facebook through bloated and non-representative user numbers. Besides, lots of people participate anonymously, and even with different ID. At least TechCrunch seems to have realized the error. “So I was actually surprised a few years ago when TechCrunch moved to switch all of its comments to Facebook comments, claiming that one of the good things about it was that it required you to provide your real name. Apparently that wasn’t actually such a good thing for lots and lots of commenters — as after nearly two years, TechCrunch has dumped Facebook comments and is pleading for commenters to come back.” 13. Meet the American Company Helping Governments Spy on “Billions” of Communications Bill Maher recently observed that Americans are defending their right to bear arms because it provides them with a means to defend the other rights which they are willingly surrendering. This is a case in point. It is interesting to note that US constitutional protections, which apparently no longer applies to Americans, explicitly doesn’t apply to anybody else. What happens to the information conveyed in an Englishman’s email for a colleague in Japan is now a matter of the free market, not law. “Every day, billions of emails and phone calls flow through communications networks in countries across the world. Now, one American company has built technology capable of spying on them all—and business is booming. Verint, a leading manufacturer of surveillance technologies, is headquartered in Melville, N.Y., in a small cluster of nondescript buildings that also includes the office of a multinational cosmetics supplier and some electronics companies.” 14. Instagram Asking For Your Government Issued Photo IDs Now, Too This is downright scary. Why anybody would enable a company to compile a database of government IDs is beyond me. If I were involved in social media, and I am not (I recently figured out how to delete my LinkedIn account – woohoo1), this would make me drop it. “Over the past week, a number of users of the popular photo sharing app Instagram and parent company Facebook have been locked out of their accounts and prompted by both services to upload images of their government issued photo IDs to regain access, as CNET first reported on Tuesday.” It will be interesting to see what is more important: money or fundamental human rights. The is a tremendous potential irrevocable harm to be done by exposing private data on the Internet, and these companies consider all data to be there properties. The potential for harm is more than emotional: people lives could be ruined if they hold views or belong to persecuted minorities: blasphemy laws (which can cost you your life in some countries) and similar attempts to legislate morality are some examples of why rights should remain rights. “Several proposed laws working their way through the European Parliament could give 500 million consumers the ability to block or limit many forms of online Web tracking and targeted advertising. All the major American tech companies have directed their lobbyists in Brussels, where the Parliament is based, to press to weaken or remove these proposals from the European provisions.” 16. How-to stop getting tracked in your Browser. Some useful tools and settings, though you should not assume that these are completely effective. I figure the more I can do to deny cash flow to companies (i.e. the trackers) with whom I have no commercial relationship, the better. Why is this even legal? 17. New type of LED produced with simple, low cost process We often hear of these sorts of revolutionary advances, but few ever make it to market. LEDs have come a long way but are still relatively expensive to produce. This process seems like it could make a difference. “Professor Yue Kuo of the Artie McFerrin Department of Chemical Engineering at Texas A&M University has fabricated a new type of LED, capable of producing a wide spectrum light while operating for long periods of time at atmospheric conditions. This device is based on a new concept of light emission from an ultra-thin amorphous dielectric layer.” 18. Thunderbolt vs. USB 3.0: The Definitive Showdown There is more to technology than performance: cost and availability are a little important. After all, you can actually find a number of USB 3.0 devices on the market, as well as a whole lot of PCs which support it. Backwards compatibility is a significant factor as well. Thunderbolt? Not so much. “With its promise of 10Gb/s‑per‑channel throughput, what self-respecting power user wouldn’t opt for a Thunderbolt-based external backup solution? Well, before you get too excited, let’s compare T-bolt point-by-point with its natural competitor, USB 3.0. After all, there’s more to a technology than pure performance, as we found out.” 19. Mandatory smart meters? Not anymore I can’t help but wonder if this is the result of a campaign against smart meters lead by ignorant morons posing as environmentalists. They were, it appears, concerns about the fact the devices use wireless communications. The government would have an easy fix: charge the full cost of manual meter reading back to customers. As more and customer opt for automated reading, at least the morons will have to pay the full cost of their ignorance and move ‘off grid’. “B.C. Hydro says it won’t install smart meters if households don’t want them, even after the B.C. Liberal government insisted for years that the program was mandatory. In a statement Wednesday, B.C. Hydro’s smart-meter spokesman, Greg Alexis, said the utility would work with customers who don’t want the new meters, but did not make clear whether it would install them only if the households agreed.” 20. Affordable Injection Molding Transforms Tinkerers Into Tycoons I have heard of Protomold before and this is an interesting story. While the domestic injection molding business was being decimated by low cost (and low quality) Chinese competition, Protomold used technology to become a massive success story. Besides cost, quality, and quick turnaround, you don’t have to worry about your design being ripped off as often occurs in China. “Protomold has stepped in to provide servicing to those makers who need small orders by being able to produce 50-5,000 injection-molded parts in one business day with prices starting at $1,495 for a production tool, and each produced part costing a couple dollars or less. The experience isn’t much different than ordering business cards online. A designer uploads their CAD file, chooses from a few preset options, and shelf-worthy injection-molded parts arrive on their doorstep.”

Mail your unit(s) to: Pay by check, online or a Purchase Order (see below). Include a paper in your shipping box with the following information: Your Name and/or Organization Phone Number E-Mail Address Return Mailing Address Comments about any specific issues For an OtoScreen I unit, include in your shipping box a check for $135 ($125 + $10 shipping and handling) or click on the "Pay for Re-Calibration" button on the left to pay online. For Purchase Orders send an e-mail to payments@noyl-llc.com with your PO attached. For an OtoScreen III, OtoScreen IV, OtoPulse, OtoSimple and OtoMD, include in your shipping box a check for $89 ($79 + $10 shipping and handling) or click on the "Pay for Re-Calibration" button on the left to pay online. For Purchase Orders send an e-mail to payments@noyl-llc.com with your PO attached. New rubber cushions are not included but can be purchased as a spare part. A cushion also includes its plastic mounting bracket. Each cushion is $20.00. Spare parts can be added to your cart. If you are not sure what type of unit you have (OtoScreen I, II, II, IV, OtoPulse, OtoSimple, OtoMD), click the "What kind of Unit do I have?" button on the left.

Czarnocin, West Pomeranian Voivodeship Czarnocin () is a village in the administrative district of Gmina Stepnica, within Goleniów County, West Pomeranian Voivodeship, in north-western Poland. It lies approximately north-west of Stepnica, north-west of Goleniów, and north of the regional capital Szczecin. Before 1945 the area was part of Germany. Following World War II the native German populace was expelled and replaced by Poles. For the history of the region, see History of Pomerania. The village has a population of 340. References Czarnocin

The invention relates to a caterpillar-mould casting method as claimed in the characterizing portion of claim 1, to a casting machine as claimed in the characterizing portion of claim 4, and to a method of changing the blocks of a casting machine as claimed in claim 26. Machines of this type are used in the continuous fabrication of billets and bands, hereinafter referred to as ‘strand’, consisting in particular of aluminium and its alloys, but also of other materials such as zinc, copper, brass, and steel, as well as a number of non-metallic materials. The development of methods and apparatuses for this purpose goes back to the previous century and even the century before. Reference is made here to the works of E. Hermann, “Handbuch des Stranggiessens” (Handbook on Continuous Casting), 1958, and “Handbook on Continuous Casting”, 1980 (Aluminium Verlag, Düsseldorf). As these works show, there have been conceived, among other types, casting machines in which the casting mould where the solidification of the melt takes place is formed by metal blocks extending over the width of the mould. In order to minimise friction between the solidifying melt and the casting mould, the blocks move along with the solidifying strand at the same speed until they reach the end of the mould where they are detached from the strand and directed, by means of chain wheels or arcuate tracks, to the rear of the machine body where they undergo a second change of direction so as to be redirected again to the entry of the mould. Said blocks may be made of antimagnetic or ferromagnetic material, preferably copper or aluminium, or of cast iron or steel, depending on the particular operating requirements. In American terminology, casting apparatuses of this type are referred to as machines with caterpillar-mould or as block-casters. Mounted on caterpillar tracks and moved by a transport mechanism, these blocks circulate around a machine body, with one design including two opposed machine bodies which are positioned in such a way that the distance between the walls facing one another in the mould corresponds to the thickness of the strand to be cast, taking into consideration the shrinking of the melt as it solidifies. Another design is distinguished by the fact that the machine includes only one machine body around which a caterpillar circulates, the melt being poured onto the caterpillar where it continuously solidifies into a strand. Preferably, the solidifying strand is covered by a gas schrouding in order to prevent unwanted oxidation from taking place on the free upper surface of the solidifying melt. The following description refers in particular to machines having two opposed machine bodies and two caterpillars. As far as the design and function of the machine bodies and the caterpillars are concerned, the novelty described hereinafter is also applicable to machines having only one machine body provided with a caterpillar moving around it. In operation, the melt prepared in a furnace flows through a channel into a trough arranged on the inlet side of the mould which extends over the width of the mould and in which the metal level is kept at a required height through controlled material supply. From here, the melt is led through pouring nozzles into the mould which is delimited on the entry side by said nozzle, on the exit side by the solidifying strand and laterally by side dams. The casting direction may be vertical, horizontal or inclined. The speed of the strand leaving the mould depends on the material and the thickness of said strand as well as on the physical properties of the block material and on the temperature thereof at the entry of the mould. The strand thickness usually obtained with caterpillar-mould casting machines is between 1.5 and 3 cm, preferably 2 cm. The speed of the strand when leaving the machine must be controlled and adapted depending on the particular operating conditions and is normally between 2 and 12 m/min. After it has left the machine, the produced strand undergoes further manufacturing processes in a manner known in the art. In the section where they form the mould, the blocks are in contact with the melt, taking up the heat to be absorbed therefrom, and are then cooled by means of an aqueous coolant while travelling around the machine body. Experience has shown that the thickness of the blocks is between three and five times the thickness of the strand to be cast, depending on the amount of heat to be stored. For reasons of a purely physical nature, known caterpillar-mould casting machines are flawed by one big problem. The unilateral heating to which they are exposed when passing through the mould section causes the blocks to be deformed in an unwanted manner, i.e. they will become subject to distortions the degree of which is aggravated with an increasing length of the blocks. This will cause the walls of the mould to become uneven, which in designs known so far leads to the formation of local gaps between the mould wall and the solidifying strand. In addition to causing an uneven thickness of the strand produced, these gaps will lead to an uncontrollable heat flow from the melt into the mould wall, giving rise to excessive local thermal stresses in the solidifying material which may in turn lead to intolerable cracks in the nascent structure of the strand. In addition, the joints at the abutting faces of the successive blocks tend to become loose, which causes ledges and fins on the surface of the strand, as the melt flows into the interstices and gaps formed in the mould wall. There is also the problem of sealing the casting nozzle protruding into the mould, as a reverse flow of the melt must imperatively be prevented. The sealing will evidently be the more difficult to achieve the more the blocks are deformed. Heat stresses increase considerably if the subsequent cooling of the blocks takes place on the surface that has previously been in contact with the melt, hereinafter referred to as front surface. Depending on the height of the temperature difference between heated and cooled surfaces, the compression stresses and tensile stresses periodically occurring on this surface may fall out of the elastic limit of the block material, which due to material fatigue leads to reticulated cracks on the front surface of the blocks, which in turn has a negative effect on the surface of the cast product—a circumstance which requires an exchange and a remachining of the blocks used after a relatively short operating period. Due to the above-mentioned high thermal stress experienced by the blocks, the latter are generally to be considered as wearing parts that have to be periodically replaced by remachined or new blocks. Although caterpillar-mould casting machines are provided with evident advantages over other continuous casting processes as far as the quality of the product is concerned, machines of the types used so far—due to the problems mentioned above, and with the exception of the machine described hereinafter-have been able to stand their ground only for the production of relatively narrow strands, since the problems described dramatically increase with the use of moulds having greater widths. From the U.S.-Patents U.S. Pat. No. 3,570,586 and U.S. Pat. No. 5,979,539, apparatuses are known which try to prevent warping of the blocks even when used with wide-moulded machines by mounting the beam-like blocks reaching over the width of the mould by means of strong fasteners onto rigid steel supports having practically a constant temperature and the geometrical moment of inertia of which is a multiple of that of the blocks, whereby an excessive deformation of the blocks can largely be avoided. The cooling of the blocks is done during their return travel by spraying an aqueous coolant onto the mould walls. This known concept allows a considerable increase in the machine width as compared to other designs, making it possible, with the use of new or remachined blocks, to manufacture for a limited period of time alloyed aluminium strands of good quality with a width of up to 1.8 m. This result is due to the fact that not only the evenness of the mould walls is maintained by force, but their temperature can be well controlled, due to the relatively high mass of the blocks, by adjusting the cooling system, which allows the solidification process of the material to be cast to take place in an optimal way, so that besides the achieved product quality improvement it is also possible to work with a wider variety of metallic materials and their alloys. Years of experience have shown, however, that the aforementioned problems have only been partially solved with the concept of the support-mounted blocks just described. Since the blocks are prevented from being deformed upon temperature changes, heavy internal strains will build up in them, according to the laws of physics concerning the strength of materials, and these forces will interfere with thermal stresses of the same modulus which are present anyway in the mould walls so that material fatigue accompanied by the formation of cracks is dramatically accelerated. As subsequent to the heating of the blocks, the same surface that used to be in contact with the melt is sprayed with coolant, the aforementioned effect is even considerably aggravated. In addition, experience shows that the blocks, despite their fixation on rigid supports will nevertheless, after a certain operating time, show distortions, which have a negative influence on the quality of the product, as discussed above. The inadmissibilities mentioned above will result in the need for the blocks to be changed after a relatively short period of operation which, due to the strong fixation of the blocks on the heavy supports, is a very labour-intensive task which involves substantial machine downtime and thus represents a substantial drawback as far as the economy of the plant is concerned. From the findings available and from experience with caterpillar-mould casting machines, it becomes evident that a further development of these machines in order to solve the problems still remaining is of great importance to the industrial branch concerned, since the casting method in question—once properly improved—provides manifest advantages over other casting types as far as economic aspects as well as the diversity of materials and alloys to be treated and the quality of the product are concerned. It was found that successful operation is only possible if the following conditions are fulfilled: A) The design concept of the machine must be appropriate for the production of high-quality strands of any width required by the industry. B) The changing of the blocks must be possible within a small fraction of the time it currently takes, in order to limit the amount of work involved and the downtime of the entire production plant to a minimum. C) The service life of the blocks must be substantially increased as compared to their current useful life. Experience shows that in order to meet the requirement of a uniform solidification process of the nascent strand and, consequently, of a proper heat flow from the latter into the wall of the mould, the deformation of the blocks during their passage through the mould must not exceed one or two tenths of a millimeter, depending on the solidification characteristics of the melt. According to the laws of physics, the change in absolute shape and dimensions of a free body depends on the size of said body, the expansion coefficient of the material in question, and on the temperature conditions involved. If, for example, an elongated body with a rectangular transverse section, which is the form of the blocks of conventional caterpillar-mould casting machines, is characterised with respect to the central line extending in the longitudinal direction of the body by an asymmetrical temperature profile over its cross-section, said body will react with a deflection. While the length measure of a long body as compared to a short body will increase in a linear manner, the increase in terms of the absolute measure of the deflection is approximately raised to the second power of the aspect ratio of the compared bodies, with the cross-sections of the respective bodies and the temperature profile remaining identical. U.S. Pat. No. 3,570,586 discloses a practice that consists in subdividing the beam-like blocks extending over the width of the mould into relatively small segments, referred to hereinafter as block elements, to join them together in the lateral direction by means of connecting rods, and to mount the blocks formed in this way, the rigidness of which is reduced as compared to one-piece blocks, onto rigid support members of practically constant temperature, which makes it possible to largely avoid deformations due to temperature changes of the blocks. This known block structure, however, turns out to be too costly since the blocks are wearing parts that are to be replaced at regular intervals. In addition, it appeared that in operation the elements are displaced due to the constant changes in temperature, so that in the long run the required evenness of the blocks cannot be ensured. The expected success of this supposed solution is thus to be considered as illusory and this method is not apt to go into operation. In addition, as mentioned above, the concept of exchanging the blocks involves a great amount of work and, consequently, an extended downtime period of the entire production line, particularly due to the necessity to detach said blocks from their support members and to re-mount them thereon. In addition, due to their strong fixation upon their respective support member, the block elements are prevented from undergoing free deformation upon temperature changes, which, as mentioned before, causes additional stresses within the elements and thus negatively influences their service live. The invention is intended to provide a remedy for this. It is accordingly an object of the invention to provide a casting machine that is capable of fulfilling the conditions mentioned under (A), (B), and (C) for an economically successful utilisation of caterpillar-mould casting machines.

Q: TM recognizing $0^n1^n$ requires Ω(log n) space I am trying to prove that any deterministic 1-tape Turing Machine which recognizes the language $L = \lbrace{0^n1^n | n \geq 0 \rbrace}$ requires $\Omega(\text{log }n)$ space. I believe this can be done using a crossing sequence argument. I have been trying to imitate the $DSPACE(O(1)) = REG$ proof from wikipedia. What I have tried is: Suppose $L \in DSPACE(S(n))$, for some $S(n) = o(\text{log } n)$ and let $M$ be an $S(n)$ space bounded TM recognizing $L$. Since $L$ is not regular, $L \notin DSPACE(O(1))$. Therefore, given $k \in \mathbb{N}$, let $x \in L$ be a string of minimal length that requires more than $k$ worktape cells. Let $C$ be the set of configurations of $M$ on $x$. That is, $C$ is the set of tuples of the form (state, work tape head position, work tape contents). Then $|C| \leq |Q_M| \times S(n) \times 2^{S(n)} \leq 2^{cS(n)} = o(n)$, where $c$ is some suitable constant. The crossing sequence at $i^{\text{th}}$ cell boundary is the sequence of such configurations occurring as the input head moves across that boundary. Each term of a crossing sequence can be any of the $|C|$ elements from $C$. Also, length of any crossing sequence cannot be more than $|C|$; for otherwise, some configuration will repeat and $M$ will enter into an infinte loop. Therefore, number of crossing sequences of $M$ on $x$ $\leq |C|^{|C|} \leq 2^{cS(n)2^{cS(n)}} $. The problem is that this doesn't give the required bound. So, a cleverer argumet is needed. A: As you correctly point out by counting configurations, it holds that $SPACE[o(\log n)]\subseteq TIME[o(n)]$. There is a theorem stating that $TIME[o(n\log n)]=REG$. See e.g. here. If, by contradiction, we had $\{0^n1^n: n\in \mathbb{N}\}\in SPACE[o(\log n)]$, it would then follow that $\{0^n1^n: n\in \mathbb{N}\}\in REG$, which is clearly false. Thus, $\{0^n1^n: n\in \mathbb{N}\}$ cannot be solved in $SPACE[o(\log n)]$.

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David Josephsen provides important advice to help you to make important network monitoring design decisions up front to avoid some common pitfalls and to ensure that the monitoring system you build becomes a huge asset instead of a huge burden. This chapter is from the book This chapter is from the book Building a monitoring infrastructure is a complex undertaking. The system can potentially interact with every system in the environment, and its users range from the layman to the highly technical. Building the monitoring infrastructure well requires not only considerable systems know-how, but also a global perspective and good people skills. Most importantly, building monitoring systems also requires a light touch. The most important distinction between good monitoring systems and bad ones is the amount of impact they have on the network environment, in areas such as resource utilization, bandwidth utilization, and security. This first chapter contains a collection of advice gleaned from mailing lists such as nagios-users@lists.sourceforge.net, other systems administrators, and hard-won experience. My hope is that this chapter helps you to make some important design decisions up front, to avoid some common pitfalls, and to ensure that the monitoring system you build becomes a huge asset instead of a huge burden. A Procedural Approach to Systems Monitoring Good monitoring systems are not built one script at a time by administrators (admins) in separate silos. Admins create them methodically with the support of their management teams and a clear understanding of the environment—both procedural and computational—within which they operate. Without a clear understanding of which systems are considered critical, the monitoring initiative is doomed to failure. It's a simple question of context and usually plays out something like this: Manager: "I need to be added to all the monitoring system alerts." Admin: "All of them?" Manager: "Well yes, all of them." Admin: "Er, ok." The next day: Manager: "My pager kept me up all night. What does this all mean?" Admin: "Well, /var filled up on Server1, and the VPN tunnel to site5 was up and down." Manager: "Can't you just notify me of the stuff that's an actual problem?" Admin: "Those are actual problems." Certifications such as HIPAA, Sarbanes-Oxley, and SAS70 require institutions such as universities, hospitals, and corporations to master the procedural aspects of their IT. This has had good consequences, as most organizations of any size today have contingency plans in place, in the event that something bad happens. Disaster recovery, business continuity, and crisis planning ensure that the people in the trenches know what systems are critical to their business, understand the steps to take to protect those systems in times of crisis, or recover them should they be destroyed. These certifications also ensure that management has done due diligence to prevent failures to critical systems; for example, by installing redundant systems or moving tape backups offsite. For whatever reason, monitoring systems seem to have been left out of this procedural approach to contingency planning. Most monitoring systems come in to the network as a pet project of one or two small tech teams who have a very specific need for them. Often many different teams will employ their own monitoring tools independent of, and oblivious of, other monitoring initiatives going on within the organization. There seems to be no need to involve anyone else. Although this single-purpose approach to systems monitoring may solve an individual's or small group's immediate need, the organization as a whole suffers, and fragile monitoring systems always grow from it. To understand why, consider that in the absence of a procedurally implemented monitoring framework, hundreds of critically important questions are nearly impossible to answer. For example, consider the following questions. What amount of overall bandwidth is used for systems monitoring? What routers or other systems are the monitoring tools dependent on? Is sensitive information being transmitted in clear text between hosts and the monitoring system? If it was important enough to write a script to monitor a process, then it's important enough to consider what happens when the system running the script goes down, or when the person who wrote the script leaves and his user ID is disabled. The piecemeal approach is by far the most common way monitoring systems are created, yet the problems that arise from it are too many to be counted. The core issue in our previous example is that there are no criteria that coherently define what a "problem" is, because these criteria don't exist when the monitoring system has been installed in a vacuum. Our manager felt that he had no visibility into system problems and when provided with detailed information, still gained nothing of significance. This is why a procedural approach is so important. Before they do anything at all, the people undertaking the monitoring project should understand which systems in the organization are critical to the organization's operational well-being, and what management's expectation is regarding the uptime of those systems. Given these two things, policy can be formulated that details support and escalation plans. Critical systems should be given priority and their requisite pieces defined. That's not to say that the admin in the example should not be notified when /var is full on Server1;only that when he is notified of it, he has a clear idea of what it means in an organizational context. Does management expect him to fix it now or in the morning? Who else was notified in parallel? What happens if he doesn't respond? This helps the manager, as well. By clearly defining what constitutes a problem, management has some perspective on what types of alerts to ask for and more importantly...when they can go back to sleep. Smaller organizations, where there may be only a single part-time system administrator (sysadmin), are especially susceptible to piece-meal monitoring pitfalls. Thinking about operational policy in a four-person organization may seem silly, but in small environments, critical system awareness is even more important. When building monitoring systems, always maintain a big-picture outlook. If the monitoring endeavor is successful, it will grow quickly and the well-being of the organization will come to depend on it. Ideally, a monitoring system should enforce organizational policy rather than merely reflect it. If management expects all problems on Server1 to be looked at within 10 minutes, then the monitoring system should provide the admin with a clear indicator in the message (such as a priority number), a mechanism to acknowledge the alert, and an automatic escalation to someone else at the end of the 10-minute window. So how do we find out what the critical systems are? Senior management is ultimately responsible for the overall well-being of the organization, so they should be the ones making the call. This is why management buy-in is so vitally important. If you think this is beginning to sound like disaster recovery planning, you're ahead of the curve. Disaster recovery works toward identifying critical systems for the purpose of prioritizing their recovery, and therefore, it is a methodologically identical process to planning a monitoring infrastructure. In fact, if a disaster recovery plan already exists, that's the place to begin. The critical systems have already been identified. Critical systems, as outlined by senior management, will not be along the lines of "all problems with Server1 should be looked at within 10 minutes." They'll probably be defined as logical entities. For example "Email is critical." So after the critical systems have been identified, the implementers will dissect them one by one, into the parts of which they are composed. Don't just stay at the top; be sure to involve all interested parties. Email administrators will have a good idea of what "email" is composed of and criteria, which, if not met, will mean them rolling their own monitoring tools. Work with all interested parties to get a solution that works for everyone. Great monitoring systems are grown from collaboration. Where custom monitoring scripts already exist, don't dismiss them; instead, try to incorporate them. Groups tend to trust the tools they're already using, so co-opting those tools usually buys you some support. Nagios is excellent at using external monitoring logic along with its own scheduling and escalation rules.

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Q: In which episode does Tsuna get stronger? I would like to know in which episode Tsuna gets stronger, so that I can tell my friend and get him to stop bothering me! Can anyone answer it for me please? A: Well, he enters Hyper Dying Will Mode in episode 26, and apparently after doing so by means of the pill or bullet, the person should be able to do it on their own, but Tsuna still can't as of episode 35; he doesn't seem to have gotten any stronger.

Q: JPA find the Last entry I would like to know what's the best way to get the last entry of a table with JPA. In Sql, what I'm looking for would be like: select id from table order by id desc limit 1 I was thinking about model.count() but that sounds more like a hack than a good solution ;) A: The results of query methods can be limited via the keywords first or top, which can be used interchangeably. An optional numeric value can be appended to top/first to specify the maximum result size to be returned. If the number is left out, a result size of 1 is assumed. JpaClass findFirstByOrderByIdDesc(); referenced by Spring Data JPA docs A: You could use a JPQL query that looks very similar to your query. select t from JpaClass t order by t.id desc After you establish your Query object you could then call query.getSingleResult() or call query.setMaxResults(1) followed by query.getResultList() EDIT: My mistake: Please note mtpettyp's comment below. Don't use query.getSingleResult() as an exception could be thrown if there is not exactly one row returned - see java.sun.com/javaee/5/…() - mtpettyp Go with setMaxResults and getResultList. query.setMaxResults(1).getResultList();

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The European Digital Library of Written Cultural Heritage, the Manuscriptorium project, creates a virtual research environment providing access to all existing digital documents in the sphere of historic book resources (manuscripts, incunabula, early printed books, maps, charters and other types of documents). These historical resources, otherwise scattered in various digital libraries around the world, are now available under a single digital library interface. The service provides seamless access to more than 5 millions of digital images. The interface was designed for easy searching and viewing the documents, allowing creation of personal collections and virtual documents. The content providers can use various services and tools developed for easy aggregation and integration of heterogeneous digital content." This new prototype is replacing the former Manuscriptorium project and was made possible trough the implementation of the ENRICH project (European Networking Resources and Information concerning Cultural Heritage) Searching inside "Manuscriptorium" "ENRICH is a targeted project funded under the eContent+ programme. Its objective is to provide seamless access to distributed digital representations of old documentary heritage from various European cultural institutions in order to create a shared virtual research environment especially for study of manuscripts, but also incunabula, rare old printed books, and other historical documents. It builds on the Manuscriptorium Digital Library that has already managed to aggregate data from 46 collections from the Czech Republic and abroad. The project groups together almost 85% currently digitized manuscripts in the national libraries in Europe. These collections will be enhanced by substantial amount of data from university libraries and other types of institutions. The consortium will make available more than five million digitized pages. Manuscriptorium is a result of 15 years of work and development carried jointly by two important Czech institutions: AIP Beroun Ltd. and the National Library of the Czech Republic. It is the richest digital manuscript resource in Europe putting at disposal more than one million digitized pages, having a safe digital archive, enjoying of state support for digitization, and talking in Czech and English languages. Ca. 50% of its users come from abroad and it operates a special clone for support of teaching and learning in secondary schools. Its origins are in the Memory of the World programme of UNESCO; therefore, the National Library of the Czech Republic received the UNESCO world Jikji award in 2005. The Manuscriptorium-related digitization knowledge and know-how have been taught and shared in many countries of the world."

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Oprah gave Microsoft Surface some props on Twitter…using an Apple iPad. Awkward. “Gotta say love that SURFACE! Have bought 12 already for Christmas gifts. #FavoriteThings,” the talk show host tweeted to more than 14.8 million followers on Nov. 18. The controversial tweet, noticed by Zagg and The Next Web early on, has received more than 400 “retweets” and more than 170 “favorites.” Screengrab from TweetDeck She tweeted some of her favorite things about Surface to a fan — also using Twitter for iPad: “@bmartin2011 they’re different. Picture seems #sharper on Surface. #FavoriteThings” and “@bmartin2011 also keyboard easier for me on Surface. #FavoriteThings”. It is unclear whether the talk show host herself wrote the message or whether someone else was managing her account from an iPad. Twitter clients have revealed the gaffe — or “#Twitfail” as they say in the Twitterverse — because their metadata usually notes which devices or apps users are using when they tweet. Microsoft Surface made Oprah’s 2012 list of her “Favorite Things,”alongside other tech items like the high-definition TV Bose VideoWave II and the Jetson E-Bike. She praised the tablet: “The Surface, Microsoft’s first tablet, feels like a Mercedes-Benz to me, people!” CNET points out that Apple’s iPad was her favorite thing ever in 2010: “from our very first moment together, I knew it had stolen my heart,” she exclaimed, dancing around an iPad with angel wings that was hanging from the ceiling. Looks like Oprah’s technology preferences are changing as fast as technology is evolving.

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Q: Regular expression- add target="blank" to all tag links in my content Can some one help me create a regular expression in C#.net to add target="_blank" to all <a> tag links in my content? If the link already has a target set then replace it with "_blank". The purpose is to open all links in my content in a new window. Appreciate your help -dotnet rocks A: There are a lot of mentions regarding not to use regex when parsing HTML, so you could use Html Agility Pack for this: HtmlDocument document = new HtmlDocument(); document.LoadHtml(yourHtml); var links = document.DocumentNode.SelectNodes("//a"); foreach (HtmlNode link in links) { if (link.Attributes["target"] != null) { link.Attributes["target"].Value = "_blank"; } else { link.Attributes.Add("target", "_blank"); } } this will add(or replace if necessary) target='_blank' to all the anchors in your document. A: RegEx.Replace(inputString, "<(a)([^>]+)>", "<$1 target=""_blank""$2>") It will add target also in those anchor tags which already have target present

Weekly Free Resources for Designers and Developers [January 27,2014] Advertisement We follow many designers and developers and of course websites that share or release resources to help design community.We write down them all every day and at the beginning of each week we bring them together and share with you.Most of the tools,jQuery plugins,free fonts,free icons and free PSD files etc. are mostly latest releases or the ones you might not have seen yet.We hope you find them useful for your existing or upcoming design projects. Note:If you think you have something useful for design community feel free to contact us;maybe we can share with our readers next week. 3D Hover Effect for Thumbnails and Images A simple CSS3 3D experiment showing the conversion of an image into a realistic 3D cuboid on hover with a cool shadow effect.Source Grafana A beautiful, easy to use and feature rich Graphite dashboard replacement and graph editor.Source Chase – free font Dropper – free font Milano – free font Margot – free font 120 Free Square Icons RoundIcons This freebie contains 60 icons that can be used for free without any restrictions and serve various design purposes. You can use the icons in your commercial as well as your personal works. Feel free to modify the size, color or shape of the icons. No attribution is required.The icons come in various file formats, which makes them very easy to use: PNG, SVG, EPS and Ai. The PNG files come in five dimensions (48 × 48, 64 × 64 pixels, 128 × 128 pixels, 256 × 256 pixels, 512 × 512 pixels). All icons are Retina Display ready and can be used in your mobile applications as well as in templates and themes.Source

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podomatic.com IAO131 on Scientific Illuminism Caity and Dan are joined by writer and co-creator of the Speech In The Silence podcast IAO131 for an interesting chat around the topic of scientific illuminism. We talk about what scientific illuminism is, Thelema and how it differs from other spiritual traditions, Aleister Crowley, mysticism, the reason for drama in ritual, meditation, the importance of keeping a diary for spiritual work, increasing control of the mind, developing ourselves and our view on the 'self-help' industry and the modern culture of quick fixes. We talk about how religion and science can co-exist, looking inside yourself for spiritual illumination as opposed to some external force, winding up Jehovah's Witnesses and the difficulty of relating experiential knowledge to someone who hasn't has the same experiences. We finish by asking the question of if you should undergo psychotherapy before or while you're embarking on spiritual work and what the benefits are.

Horror and science fiction have always been a part of the television canvas, and constant attempts have been made over the years to produce classic entertainment. Some have fallen by the wayside, while others became mainstream phenomena. With “TV Terrors,” we take a look back at the many genre efforts from the 80’s, 90’s, and 00’s, exploring some shows that became cult classics, and others that sank in to obscurity. This month we head back to the early 2000s for a little “Exposure.” Aired from 2000 – 2002 Aired on Syfy I can pinpoint when I started to love the concept of short films and short filmmaking. It was while I was watching the Sci-Fi Channel one night in 2000, and the short “Antebios” came on. “Antebios” was a foreign short about an alien and a human soldier forced to work together to stop a common foe, in the vein of “Hell in the Pacific.” Since then my love for short films has been long lasting and I often take greater interest in them than most features that come my way. Back in 2000, the Sci-Fi Channel aired “Exposure.” An amalgam of an anthology series, and experimental film series, “Exposure” was an hour long weekly series that aired science fiction, horror, and fantasy short films. Much in the vein of MTV’s “Liquid Television” and “Cartoon Sushi,” there were never really any limits to what kind of short films aired on “Exposure.” Occasionally hosted by model/actress Lisa Marie, the show aired every Sunday night, and was introduced around the time that the internet was still very much in its infancy. The only platform filmmakers had for short films was Atom Films, and we were still about three years away from the introduction of the juggernaut known as YouTube. Watching short films was often a privilege reserved for film festivals or comic book conventions, and the Sci-Fi Channel presented some of the weirdest, wildest, and most bizarre short films back to back. They aired them for viewers to get a glimpse at some of the minds working in the business that also had potential to break out and produce the next genre masterpieces. For the most part we always got a glimpse at up and coming artists that would later break out, but the series was at its best when it approached audiences at eye level and presented some classic short cinema that offered bolder entertainment that studios would have never touched. The show seemed happy to take chances with short films that were just downright out there and often surreal. Some of my all time favorites included Jono Oliver’s “The Window” about a heavenly vision in a window that begins to inspire people, and Ian Kessler’s brutally creepy “The Puzzle.” The show also acted as proving grounds for future studio features. “Season’s Greetings,” the animated short that would become the template for Mike Dougherty’s Trick ‘r Treat, aired on “Exposure,” as did Ellroy Elkayem’s “Larger Than Life” which became the basis for Eight Legged Freaks, and 1994’s “Suspicious” by David Koepp, starring Janeane Garofalo and Michael Rooker, which would later be remade into the prologue for 1998’s Urban Legend. There’s also “Bobby Loves Mangos,” a short that was given a thumbs up by Roger Ebert after its director Stuart Archer begged him to watch it. While “Exposure” was mainly about science fiction, the producers would also switch things up with themed episodes every now and then like “short toons,” short films about sex, and of course, “Star Wars.” Kevin Smith hosted the “Star Wars” special spotlighting some of the best and weirdest Star Wars-related films around, like Joe Nussbaum’s early viral hit “George Lucas In Love,” Lucas’ early student shorts “Freiheit” and “THX 1138,” and the comedic “Tripping the Rift,” the animated Star Wars spoof that would eventually become a cult series for the channel. There was also the weird but interesting short documentary “Searching for Carrie Fisher,” about a fan’s mission to meet his heroine. I vividly remember the documentary because he did find Ms. Fisher, but she only agreed to meet him if they met in a crowded public place. As always, host Smith often had a great enthusiasm and hilarious sense of humor. “Exposure” also aired excellent horror based specials every Halloween; hosted by Lisa Marie, the show presented some of the best horror shorts I’d ever seen. This was the series at its best, as the producers often managed to bring out some memorable genre fare. Along with indie films we were also able to check out early works from Tim Burton including “Frankenweenie” and “Vincent.” Despite the very late night time slot that Sci-Fi reduced “Exposure” to, it managed to last three whole seasons and was celebrated by its small but loyal fan base for years. When it was cancelled by the channel which was reformatting at the time, Sci-Fi kept the concept of the series alive with the short film showcase “Exposure: Future of Film Festival” in New York City in 2000, and in 2006, the Sundance Channel launched the “Exposure Film Contest” with films showcased from the SciFi Pulse streaming applet, allowing viewers to vote on their favorites. Sadly with so many facets online for movie fans to now view short films of all kinds from any country, the chance of “Exposure” being rebooted is incredibly slim. But for a time when the internet was still growing and YouTube was miles away from dominating the internet, “Exposure” was surprisingly ahead of its time, and serves as a wonderful memento of the early digital age that opened the eyes of its viewers to more original and interesting entertainment. Is It On DVD/Blu-Ray? Syfy had many of the short films available on their website for years after “Exposure” ended, but they were eventually taken down. With copyright issues there aren’t whole episodes available, but the various shorts can be found online, scattered in places like Vimeo and or YouTube… if you look hard enough.

O lobista Fernando Moura, empresário ligado ao PT, declarou ao juiz federal Sérgio Moro que levou pela primeira vez ao então ministro chefe da Casa civil José Dirceu o ex-diretor de Serviços da Petrobrás Renato Duque. Segundo ele, o primeiro acerto de propinas foi de 3% sobre contratos das plataformas P-51 até a P-56 da estatal petrolífera. “Quem levou o Renato Duque à Casa Civil, para apresentar para o José Dirceu, o Zé Dirceu não conhecia o Renato Duque até o dia que foi nomeado, quem levou ele a Casa Civil, que apresentou o Renato Duque depois, fui eu.” Fernando Moura fez novo relato ao juiz da Lava Jato porque admitiu ter mentido anteriormente para o mesmo magistrado. Nesta quarta-feira, 3, ele afirmou que Duque recebia propinas, por determinação de Dirceu, e que havia uma divisão entre o PT nacional e o PT São Paulo. “As primeiras conversas que a gente teve, negociou eu, ele (Duque) e o Silvinho (Silvio Pereira, ex-secretário geral do PT), era com relação às plataformas. Foi o primeiro assunto que a gente tratou, as plataformas de 51 a 56”, afirmou. “Nesse dia a gente definiu que seria 1% para o núcleo São Paulo, 1% para o núcleo nacional e 1% para a companhia, no caso o Renato Duque e seu gerente (Pedro Barusco, outro delator da Lava Jato)”. O juiz Sérgio Moro questionou se o valor acertado era de 3% ao todo nos contratos. “Isso.” O juiz quis saber quais eram os núcleos que dividiam a propina no esquema Petrobrás. “Núcleo São Paulo era o PT São Paulo e o núcleo político do José Dirceu. Núcleo nacional era o PT nacional, que na época era o Delúbio Soares, e companhia era Renato Duque e Pedro Barusco (ex-gerente de Engenharia da estatal petrolífera).” [veja_tambem] O delator, que era amigo de Dirceu, afirmou que o “núcleo político” do ex-ministro a que se refere seria dinheiro para campanhas e políticos ligados a ele. O PT tem reiterado que nunca recebeu dinheiro de propinas. O criminalista Roberto Podval, que defende José Dirceu, disse que o depoimento de Fernando Moura “não tem credibilidade”.

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Strange organelles--Plasmodium mitochondria lack a pyruvate dehydrogenase complex. Our understanding of the Plasmodium mitochondrion and apicoplast has been greatly assisted by the genome sequence project. Sequence data have seeded recent research showing that the apicoplast is the site of several anabolic pathways including fatty acid synthesis. The discovery of an active apicoplast pyruvate dehydrogenase complex implies this enzyme generates the acetyl-CoA needed for fatty acid synthesis. However, the absence of a corresponding mitochondrial complex suggests that energy generation in Plasmodium is considerably different from pathways described in other eukaryotes.

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TREVISO. La storia della Edizioni Anordest di Villorba, breve ma assai movimentata, si è chiusa con la sentenza di fallimento emessa dal Tribunale di Treviso. La casa editrice di Mario Tricarico era balzata agli onori delle cronache un anno fa, quando pubblicò il contestatissimo libro di “Salvuccio” Riina, figlio del “capo dei capi” di Cosa Nostra Totò Riina. Duemila copie sufficienti a scatenare una polemica nazionale, con decine di librerie in tutta Italia che si rifiutarono, per ragioni etiche, di vendere il libro pubblicato a Villorba, con conseguenze, prima di tutto, sui bilanci della Edizioni Anordest. «Quel libro mi ha rovinato» dice oggi, senza mezzi termini, l’ormai ex amministratore Mario Tricarico. Anche lui, un anno fa, finì nell’occhio del ciclone per la scelta di pubblicare il libro di Riina, dal titolo “Riina Family Life”, scritto dopo l’uscita dal carcere Due Palazzi di Padova nel quale era da tempo rinchiuso dopo la condanna a quasi nove anni per associazione mafiosa. Contro la pubblicazione insorse il mondo della politica e della cultura, oltre alle associazioni in ricordo delle vittime di mafie, e anche Salvatore Borsellino, fratello del giudice ucciso Paolo, giudicò sconveniente il contenuto, finché molte librerie arrivarono a esporre il cartello “Qui non si vende il libro di Riina”. Per l’editore di Villorba che aveva scommesso nella pubblicazione del libro fu un pessimo ritorno di immagine. «Quella polemica mi ha ucciso», racconta oggi Tricarico, «non abbiamo più venduto nulla. Ho percepito una forte ostilità da parte delle librerie, mi sono arrivate anche delle minacce, gli addetti ai lavori si sono lasciati influenzare dalla polemica. Sono rammaricato soprattutto dal fatto che nessuno ha letto quel libro». Il “flop” con la pubblicazione di Riina non è in realtà l’unica causa del fallimento arrivato ieri: «Però è stato un tassello importante», commenta ancora Tricarico, «su quel libro avevamo investito tanto». Tricarico, peraltro, alle polemiche era già avvezzo. Cinque anni fa, ben prima del caos sollevato da Riina junior, la Edizioni a Nordest aveva pubblicato “I fiori del giardino di Allah”, attirandosi le ire degli estremisti islamici. L’autore del testo, Attar Fartid al Shahid, pseudonimo dietro il quale si nascondeva un intellettuale iraniano contrario alla dittatura degli ayatollah, fu oggetto di fatwua, mentre in Italia finirono sotto sorveglianza, a causa delle minacce di morte ricevute, sia la sede della società editrice trevigiana (in via Fratelli Rosselli a Villorba) che il suo direttore editoriale, lo stesso Tricarico. Fu ritrovato un volantino firmato da alcuni sedicenti fedeli musulmani con l'invito a dare alle fiamme il libro, con la promessa di un posto in paradiso in eterno per chi ne avesse bruciate sette copie. Insomma, nella breve storia della Edizioni Anordest le emozioni non sono mancate. E dopo la batosta del Tribunale anche Tricarico, che in passato aveva gestito altre società, ha gettato la spugna: «Per me questa storia finisce qui».

Hyperthyroidism due to papillary carcinoma of the thyroid--a case report. A rare case of papillary carcinoma of the thyroid producing hyperthyroidism is presented. A young patients presented seven years after a thyroid operation with metastatic disease in the cervical lymph nodes and a history of deteriorating vision in the left eye. He also had a lesion in the base of the skull which could not be established to be metastasis from the thyroid cancer. There was clinical and biochemical evidence of hyperthyroidism. Radionuclide scan revealed uptake in the residual thyroid tissue and patchy uptake by the cervical lymph nodes. The patient underwent a complete thyroidectomy and radical neck dissection of the left side and 'berry-picking' of the lymph nodes on the right side. Although the patient became euthyroid post-operatively, his general condition deteriorated and he rapidly lost vision in both eyes before any ablative therapy could be instituted for the tumour in the base of the skull. The patient was lost to follow-up.

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Preparation and characterization of silver nanoparticles in the presence of inclusion complex of beta-cyclodextrin with phenylsilane. Silver nanoparticles are prepared in an aqueous medium consisting of an inclusion complex beta-CD/PS, formed between beta-cyclodextrin (beta-CD) and phenylsilane (PS). The PS acts as a reducing agent. beta-CD/PS complex stabilizes the Ag nanoparticles preventing agglomeration and provides a self-assembling environment for forming nanostructure around Ag nanoparticles. The TEM (transmission electron microscopy) and FE-SEM (field emission scanning electron microscopy) data suggest the formation of hybrid composites in which large numbers of silver nanoparticles (< 20 nm) are dispersed. SAED patterns are consistent with that for fcc-typed silver. In the absence of the beta-CD/PS inclusion complex, most of the silver particles underwent macroscopic precipitation, which indicates that the beta-CD/PS inclusion complex is essential for stabilizing the silver nanoparticles.

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Polish mothers have more children once they come to Britain: Birth rate among migrants is two third higher here than in their homeland Total fertility rate - average number of children they can expect to have - for Romanian women in England and Wales is 2.93 Among women in Romania it is only 1.25, and 1.84 for UK-born mothers One in four babies is born to mothers born overseas Birth rates among Polish women rise by two thirds when they move to Britain, official figures showed yesterday. Those who migrated here after 2004 have an average of 2.13 children compared with the 1.30 level seen in their native land. Romanians have enjoyed an even bigger baby boom – producing 2.93 children in Britain but only 1.25 back home. New figures from the Office for National Statistics shows women from Romania have the highest fertility rates in England and Wales The women may have been playing ‘catch-up’ after delaying pregnancy ahead of emigrating, the Office for National Statistics said. But higher income – whether in wages or benefits – and better schools and living conditions in Britain, may also have encouraged the extra births, the agency added. Its report on childbearing rates among British-born and foreign mothers suggests that the immigrants likely to come from Romania and Bulgaria following the lifting of labour market restrictions in January will push up the UK population with their offspring. UK-born women in England and Wales have an average of 1.84 children in a lifetime The ONS report, based on 2011 and 2001 British census findings, and records held by the EU statistics arm Eurostat, aimed to throw light on why birth rates among migrants are much higher than for their counterparts born in this country. The overall fertility rate of women born in Britain was 1.84 in 2011 – up 18 per cent since 2001. Among foreign-born women, it was 20 per cent higher, at 2.21 births. The 2011 census recorded a 3.7million population increase in England and Wales over the decade, around two thirds of it brought about by immigration and high birth rates among migrant mothers. ‘Fertility rates in Poland and Lithuania were very low, as in much of Southern and Eastern Europe,’ the ONS said. ‘But the fertility rate of women born in these countries living in England and Wales was relatively high, above that of UK-born women.’ The report said this meant migration was altering the childbearing rate of Eastern European women, or that women who migrate are different from those who stay at home. Another explanation was that ‘conditions were better in England and Wales for childbearing than in Poland or Lithuania’. The report pointed to the catch-up effect, adding: ‘If the support – financial, social, educational – for childbearing and family life is better or worse in England than in the population’s country of origin, this may have an effect on the number of children they choose to have.’ Poland, Pakistan and India top the league table of countries by number of births Fertility rates among migrants were highest among mothers from Africa and lowest among those from Australia and New Zealand, the ONS said. There were also low fertility rates among migrants from China, South Korea, Singapore and Germany, where some British women who are now having children were born as daughters of British service families. Women from Singapore showed fertility rates of 1.1, whereas mothers from other parts of Asia were much more prolific. The birth rate among women from Pakistan was 3.82 and from Afghanistan 4.25.

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[Ovariectomy by laparoscopy]. The report deals with first experience and results of 15 patients who had been oophorectomized per laparoscopiam because of advanced breast cancer. The method applied of the "3-sling-technique", for which Roeder-slings and applicators for the slings are self-made, is considered as practicable and safe method for oophorectomy. However, it may be used for other laparoscopic operations, such as adhesiolysis, myomectomy as well as removal of parovarian cyst, too.

Menopause, mood and management. Although the short-term and long-term clinical benefits of hormone replacement therapy (HRT) are well documented, there is a growing revival of interest in psychosocial and holistic approaches to the menopause and its treatment. The menopause occurs at a time of life when women are facing many threats and challenges, and it is important not to identify the menopause erroneously as the sole reason for reductions in the quality of life of such individuals. Most women attending a menopause clinic complain of psychological symptoms such as mood swings, rather than purely physical symptoms, and it is likely that the physiological correlates of such psychological symptoms have been underestimated. Much of the distress experienced by menopausal women is also linked to their beliefs and perceptions relating to the processes that they are experiencing, and to misinformation and myths with which they may be burdened. An awareness of this complex scenario by clinicians helps them to treat their patients more effectively and to prescribe appropriate HRT on an individual patient basis.

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/******************************************************************************* * Copyright (c) 2013 Luigi Sgro. All rights reserved. This * program and the accompanying materials are made available under the terms of * the Eclipse Public License v1.0 which accompanies this distribution, and is * available at http://www.eclipse.org/legal/epl-v10.html * * Contributors: * Luigi Sgro - initial API and implementation ******************************************************************************/ package com.quantcomponents.algo.osgi; import java.util.Date; import com.quantcomponents.algo.ExecutionCreationException; import com.quantcomponents.algo.ExecutionType; import com.quantcomponents.algo.IManagedRunnable; import com.quantcomponents.algo.TradingAgentBindingHandle; import com.quantcomponents.algo.TradingAgentExecutionHandle; import com.quantcomponents.core.model.ISeriesPoint; import com.quantcomponents.core.osgi.ISeriesHost; import com.quantcomponents.core.remote.ServiceHandle; public interface ITradingAgentExecutionManagerHost { boolean isExecutionTypeAvailable(ExecutionType type); TradingAgentExecutionHandle createExecution(TradingAgentBindingHandle bindingHandle, ExecutionType type) throws ExecutionCreationException; ServiceHandle<? extends ISeriesHost<Date, Double, ISeriesPoint<Date, Double>>> getExecutionOutput(TradingAgentExecutionHandle executionHandle); void removeExecution(TradingAgentExecutionHandle executionHandle); void startExecution(TradingAgentExecutionHandle executionHandle); void pauseExecution(TradingAgentExecutionHandle executionHandle); void resumeExecution(TradingAgentExecutionHandle executionHandle); void killExecution(TradingAgentExecutionHandle executionHandle); IManagedRunnable.RunningStatus getRunningStatus(TradingAgentExecutionHandle executionHandle); }

Some Washington sheriffs refuse to enforce new gun laws Sheriffs in a dozen Washington counties say they won't enforce the state's sweeping new restrictions on semi-automatic rifles until the courts decide whether they are constitutional. SPOKANE, Wash. -- Sheriffs in a dozen Washington counties say they won't enforce the state's sweeping new restrictions on semi-automatic rifles until the courts decide whether they are constitutional. A statewide initiative approved by voters in November raised the minimum age for buying semi-automatic rifles from 18 to 21, required buyers to first pass a firearms safety course and added expanded background checks and gun storage requirements, among other things. It was among the most comprehensive of a string of state-level gun-control measures enacted in the U.S. after last year's shooting at a Florida high school. The National Rifle Association and the Second Amendment Foundation have filed a lawsuit in federal court alleging the initiative is unconstitutional. They say its purchasing requirements violate the right to bear arms and stray into the regulation of interstate commerce, which is the province of the federal government. Sheriffs in 12 mostly rural, conservative counties — Grant, Lincoln, Okanogan, Cowlitz, Douglas, Benton, Pacific, Stevens, Yakima, Wahkiakum, Mason and Klickitat — along with the police chief of the small town of Republic, have said they will not enforce the new law until the issues are decided by the courts. "I swore an oath to defend our citizens and their constitutionally protected rights," Grant County Sheriff Tom Jones said. "I do not believe the popular vote overrules that." Initiative supporters say they are disappointed but noted the sheriffs have no role in enforcing the new restrictions until July 1, when the expanded background checks take effect. The provision brings vetting for semi-automatic rifle and other gun purchases in line with the process for buying pistols. "The political grandstanding is disheartening," said Renee Hopkins, chief executive of the Alliance for Gun Responsibility, which pushed the initiative. "If they do not (run the background checks), we will have a huge problem." Initiative 1639 was passed by about 60 percent of Washington voters nine months after a gunman opened fire at Florida's Marjory Stoneman Douglas High School. The Parkland shooting, which left 17 dead, fueled a shift in the country's political landscape regarding gun control. Other state-level measures included requiring waiting periods and banning high-capacity magazines. Nine states have approved laws that allow the temporary confiscation of weapons from people deemed a safety risk, bringing the total to 14 nationwide. Several more are likely to follow in the coming months. At the federal level, for the first time in modern history, gun-control groups outspent the NRA on the 2018 midterm elections. President Donald Trump directed the Justice Department to issue regulations to ban so-called bump stocks. And the new Democratic majority in the House last week held its first hearing on gun control in a decade. "For far too long, Republicans in Congress have offered moments of silence instead of action in the wake of gun tragedies. That era is over," Democratic Rep. Jerrold Nadler of New York said as he convened the House Judiciary Committee hearing on Wednesday. Washington's initiative targeted semi-automatic assault rifles like the AR-15 used in the Florida shooting and other recent high-profile attacks. Such rifles fire only once for each pull of the trigger but automatically eject and rechamber a new round after each shot. Grant County's sheriff said many residents in his part of the state, known for its vast potato farms, are strong supporters of gun rights. They "have a right to have this challenge and appeals process play out before moving forward," Jones said. Lincoln County Sheriff Wade Magers noted more than 75 percent of voters in his small county just west of Spokane voted against the initiative. He called the new rules unenforceable. On the flip side, the sheriff's offices in King County, which includes Seattle, and Clark County, near Portland, Oregon, have said they will enforce the measure while it is being challenged in court. Carla Tolle of Kelso, in Cowlitz County, north of Portland, is an initiative supporter whose grandson was shot to death by a friend wielding a shotgun in 2017 in what was ultimately ruled an accidental shooting. She said she was "shocked, devastated, dumbfounded" to learn Cowlitz County Sheriff Brad Thurman said he will not enforce the stricter gun rules until the legal case is resolved. "He saw firsthand what happened with an unsecured firearm," Tolle said. "He saw the effect on both families." Spokane County Sheriff Ozzie Knezovich has criticized the initiative while also decrying "grandstanding" sheriffs who decline to enforce it. Hopkins, of the Alliance for Gun Responsibility, noted only a relatively small number of Washington's law enforcement leaders are speaking against the measure, while many others support it. The NRA and the Bellevue-based Second Amendment Foundation sued in U.S. District Court in Seattle in mid-November, saying the initiative violates the Second and 14th amendments of the Constitution as well as gun sellers' rights under the Commerce Clause. "This measure will have a chilling effect on the exercise of the constitutional rights of honest citizens while having no impact on criminals, and we will not let it go unchallenged," Second Amendment Foundation Executive Vice President Alan M. Gottlieb said when the lawsuit was filed. The lawsuit does not directly challenge the parts of the law pertaining to enhanced background checks or training requirements. However, the groups asked the court to block the entire law pending a determination of whether those provisions can be separated from the parts they are seeking to block: those related to sales to those under 21 and to out-of-state residents. The state has asked the judge to dismiss the case.

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A few days ago I received a notice from Jac Mornington and Romy Rosea that they have sold and handed over their lovely sim Baja Norte to Lauren Bentham, who will continue this wonderful beach for all to enjoy (you may want to join the new group for Baja Norte if you want rezz rights). In this notice Jac also announced a new sim he and Romy made and today I got the change to have a look on Santaurio as it opened this week! Santaurio is a place with lots to explore and discover and the adventure starts on the landingpoint: in a plane wreck which lies half in the water near the beach, after that: into the jungle you go! A bit like in the series ‘Lost’ (of which I only ever saw 4 episodes and then I got lost, but okay!). For now Santaurio is open to all to have a look, in a few days – a week – you will need to join the group for access (LS300), as I read in Ziki’s blogpost (who I ran into on the beach and who has spoken to Jac and Romy, she provides more background information, so you may want to read her article!).