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Q: Passing default argument after initialization I have a python file with many functions.
Every function gets a client as the default argument,
but on the stage of function initialization, it does not exist yet.
He will be created in a main function inside with context manager.
How I can solve it (make client available in every function) and preserve a context manager as suggested in docs?
I tried to use global statement, generator, global variables, and functools.partial but all these attempts failed mostly because of a closed connection outside of the context manager.
...  # Many functions

def get_statistic_with(client: TelegramClient = client1):  # client1 is undefunded on this stage
    client.send_message(entity=config.BOT_NAME, message='/get_statistic_with')

def main():
    with TelegramClient('test_client`', config.API_ID, config.API_HASH) as client1, \
            TelegramClient('test_client1', config.API_ID, config.API_HASH) as client2:
    ...

I know that I can use a class to fix it but don't plan to create many instances, I only need to import and run the main function from another file.
I also can place all the functions inside with code block but it will be too ugly.
Passing a connection to every function is a pretty inconvenient.

A: You mentioned trying both global variables and functools.partial (which works a lot like a lambda function), and neither worked.
I believe the same methods you tried would work if you used both of those together.
Here is an example where I've done that (I used lambda but if you prefer partial it should be an easy substitution):
class TelegramClient:
    def __init__(self, name):
        self.name = name

    def showProofOfWorking(self):
        print("--- SUCCESS! This is a TelegramClient named " + self.name)

# In order to avoid namespace errors, there must be a reference to the clients in global scope.
# However, the value of client1 doesn't need to be set until 'main', as will be demonstrated in the
# first of the three methods tested in this example code.
globalVars = {'client1': None, 'client2': None}
# For comparison purposes.  Compare how this globally scoped client reference acts relative to the function-scoped 'localClient' inside 'main'
otherGlobalClient = TelegramClient("OTHER CLIENT IN GLOBAL SCOPE")

def refersToGlobalClient(client = globalVars['client1']):
    client.showProofOfWorking()

def refersToGlobalWrappedClient(clientWrapper = lambda: globalVars['client1']):
    unwrappedClient = clientWrapper()
    unwrappedClient.showProofOfWorking()

def refersToLocalWrappedClient(clientWrapper = lambda: client1):
    unwrappedClient = clientWrapper()
    unwrappedClient.showProofOfWorking()

def main():
    client1 = TelegramClient('CLIENT 1')
    client2 = TelegramClient('CLIENT 2')
    # No references to this from the global scope:  it only exists inside 'main'
    otherLocalClient = TelegramClient('CLIENT ONLY IN LOCAL SCOPE')

    # Only 'client1' will be put into global scope.  'client2' is not defined outside the scope of 'main'.
    globalVars['client1'] = client1

    # -----  This is the only one of the three different methods tried here that works.  -----
    # It combines a global variable with a lambda function, which changes the reference of the wrapped global variable from a compile-time value to a runtime value,
    # circumventing the fact that at compile time, the value of the global variable will be None as it will not be set to its final value until inside 'main'.
    print("FIRST METHOD:  Global Scope plus Lambda Wrapper:  Works in All Cases")
    print("Inside main(), we will now call 'refersToGlobalWrappedClient' with its default argument, which is a function that returns the current value of 'globalVars['client1']'")
    refersToGlobalWrappedClient()
    print("\nNow we'll call the same function with a different argument from global scope.")
    refersToGlobalWrappedClient(lambda: otherGlobalClient)
    print("\nNow we'll call the same function with a different argument from local scope.")
    refersToGlobalWrappedClient(lambda: otherLocalClient)
    print("\n__________________________\n")

    print("SECOND METHOD:  Global Scope with No Wrapper:  Works With Arguments, Does Not Work With Default Parameter")
    print("Inside main(), we will now attempt to call 'refersToGlobalClient' with its default argument, which is 'globalVars['client1']'")
    try:
        refersToGlobalClient()
    except Exception as error:
        print("\nAN EXCEPTION OCCURRED!  Exception:")
        print(error)
    print("\nNow we'll call the same function with a different argument from global scope.")
    refersToGlobalClient(otherGlobalClient)
    print("\nNow we'll call the same function with a different argument from local scope.")
    refersToGlobalClient(otherLocalClient)
    print("\n__________________________\n")

    print("THIRD METHOD:  Local Scope with Lambda Wrapper:  ")
    print("Inside main(), we will now attempt to call 'refersToLocalClient' with its default argument, which is a function that returns 'client1'")
    try:
        refersToLocalWrappedClient()
    except Exception as error:
        print("\nAN EXCEPTION OCCURRED!  Exception:")
        print(error)
    print("\nNow we'll call the same function with a different argument from global scope.")
    refersToLocalWrappedClient(lambda: otherGlobalClient)
    print("\nNow we'll call the same function with a different argument from local scope.")
    refersToLocalWrappedClient(lambda: otherLocalClient)
    print("\n__________________________\n")

main()

Here, I tried three different methods.  Like you said, only adding a reference to client1 in global scope, or only wrapping the reference to the not-yet-defined client1 inside a function, do not work and cause errors when you try to use client1 as a default argument.
But, if you both set up a reference to your client1 in global scope (here, it's inside a dict called globalVars) and wrap the default client1 parameter inside a function, you can call your functions successfully from inside main() with the default parameter (client1) or with any other TelegramClient as an argument.
The global scoped reference is necessary to avoid the namespace error name 'client1' is not defined.
The lambda wrapper is necessary to avoid the error you would get from the value of the global reference not being set until main() runs (at compile-time when the default parameters are evaluated, it will be None and you'd get the error 'NoneType' object has no attribute 'showProofOfWorking').

A: Functions are objects and can have attributes. I don't see this feature used much here on SO and have seen criticisms of their use - if I recall it obfuscates and interferes with introspection, but sometimes my memory is faulty.
If you want to be able to call a function without passing an argument but the value of the argument is not defined/calculated till after the function's definition you could make use of a function attribute like this.
def f():
    return 3 * f.x

def main():
    f.x = 6

main()
print(f())

You will have to decide whether this is more advantageous than just defining the function with parameter's - without default arguments - and just passing the argument when the function is called. At least for me there is not enough information in your question and [mre] to really understand whether this approach will satisfy your need.
Maybe you should have a module level variable, before the function definition
client1 = None
..
def get_statistic_with(client: TelegramClient = client1):
    ...

then reassign in the with statement.

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Almost 9 Million Deaths Caused by Fossil Fuel Pollution
by Michael Hansen | Feb 11, 2021 | Clean Air Journal
New research from Harvard University found that deaths from fossil fuel emissions are significantly higher than previous estimates. In 2018, more than 8 million people died from the pollution caused by coal, oil, gas, and other fossil fuels. That accounts for nearly 1-in-5 of all deaths worldwide. Prior research put the number at a little over 4 million deaths per year.
The research team, which also included University of Birmingham, the University of Leicester and University College London, specifically looked at particle pollution. Using advanced modeling, they were able to distinguish between fossil fuel emissions and pollution from dust and wildfires.
Eloise Marais, associate professor at University College London, said in a press release, "Our study adds to the mounting evidence that air pollution from ongoing dependence on fossil fuels is detrimental to global health. We can't in good conscience continue to rely on fossil fuels, when we know that there are such severe effects on health and viable, cleaner alternatives
This is just the latest research that shows that fossil fuel combustion is among the primary drivers of death and disease in the world. There are mountains of evidence that demonstrate the extent to which air pollution harms human health. We have known for decades that air pollution can cause breathing difficulty, asthma attacks, stroke, heart disease, cancer, and premature death.
Just last year:
Researchers said that half a million newborns die each year because of air pollution.
One study found that 15 percent of COVID-19 deaths were linked to long-term air pollution exposure.
Another study concluded that breathing dirty air pollution increases the risk of developing Alzheimer's, Parkinson's, and other neurodegenerative diseases.
The United States, for all of its progress reducing industrial air pollution, is not immune to the deadly effects of fossil fuels. Eastern North America, Europe, and South-East Asia were the areas with the highest mortality rates.
Let this serve as yet another sad reminder that dirty air kills. Healthy air is a human right, and that's why we need a just, equitable, and rapid transition away from coal, oil and gas.
Instead, Alabama Power continues to operate the worst greenhouse gas polluter in the United States right here in Birmingham with nary a peep about its plans to close it. And instead of replacing coal generation with clean fuels, the company wants to add almost 2,000 megawatts of gas capacity — at a price tag of more than $1 billion to ratepayers.
Not only is the monopoly utility company doubling down on fossil fuels — which, again, kill almost 9 million people a year — but it's also wholly committed to blocking and subverting distributed, democratic access to clean, renewable energy like solar.
Our work holding Alabama Power and other polluters accountable has only just begun. If you'd like to join our movement, click here to become a member or renew your membership.
Posted by Michael Hansen
Michael is CEO of GASP. He joined the team in 2013 as communications specialist. He has years of experience and extensive training in the areas of public health and environmental protection. He is a member of the board of directors for the Southeast Climate & Energy Network and Clean Water Action, as well as a member of the Arm in Arm National Core Support Team.Email Michael
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Scan 3 followed yellow irradiation as in the preceding experiment. The animal was then illuminated with blue light that is absorbed more strongly by metarhodopsin, so that the photoequilibrium was shifted back somewhat towards rhodopsin (curve 4). The difference spectrum calculated by subtracting curve 3 from curves 1 and 2 in the experiment of Fig. 2(a) is shown in Fig. 2(c). Where the absorption spectra of rhodopsin and metarhodopsin overlap, they mutually subtract in difference spectra. Consequently, in Fig.
J. Biol. Chem. 238,1229-1235. Kaneda, T. (1966). Biosynthesis of branched-chain fatty acids. V. Microbial stereospecific syntheses of D- 12-methyltetradecanoic and D- 14-methylhexadecanoic acids. Biochim. Biophys. Acta, l2S, 43-54. Kaneda, T. (1967). Biosynthesis of long-chain hydrocarbons. I. Incorporation of L-valine, Lthreonine, L-isoleucine, and Lleucine into specific branched-chain hydrocarbons in tobacco. Biochemistry, 6,2023-2032. Karunen, P. (1974). Polyunsaturated hydrocarbons from Polytrichum commune spores.
Jones, R. , Nordlund, D. A. and Sparks, A. N. (1975a). Kairomones and their use for management of entomophagous insects: I. Evaluation for increasing rates of parasitization by Trichogramma spp. in the field. J. Chem. Ecol. I, 343-347. Lewis, W. , Jones, R. ,Nordlund, D. A. R. Jr. (1975b). Kairomones and their use for management of entomophagous insects: 11. Mechanisms causing increase in rate of parasitization by Trichogramma spp. J. Ecol. 1,349-360. LONG-CHAIN METHYL-BRANCHED HYDROCARBONS 31 Liu, T.


Mariah has been both a high school and competitive cheerleader winning her numerous awards. I loved how they brought white daisies to incorporate into her photos! At the end of her session we were able to get her hair wet and play in the water. All of this chilly weather is starting to make me miss summer sessions like this one.


The wonder of Patch Tarot is now available on your digital device! It's not always easy to carry around your full Tarot deck everywhere you go. However, the inspiration to consult its wisdom arises when you least expect it, sometimes when the deck is unavailable. We are pleased to announce that you can now have the full Patch Tarot experience right on your mobile device; anytime, anywhere.
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I know Wordless Wednesday shouldn't really have a lot of words, but I feel this picture needs a bit of an intro..... This past week, I teamed up with some other lovely teachers to run a "BC Teachers" Facebook page. I'm really pleased with our turnout so far - we're over 400 likes! The conversations have been great and there's been lots of inspiring ideas. For me especially, being up north, it's not so easy to sign up for every Pro-D conference there is. They are mostly in Vancouver and require a few days off work and usually about $1000 by the time you add in flights and hotels. So, this is looking like a great way for me to connect to some more teachers of my province.
In addition to the Facebook page, we've just created a Pinterest account too! We've got ideas for all grade groups. There's about 5 of us pinning so far and they are adding up quick.
Want to follow us? Click the picture below.
My Wordless Wednesday Question: What kind of education pins do you like best? Links to TpT? Free ideas? Youtube clips?
Great question! I am a BIG user of Pinterest for education inspiration. I also love links to TPT (seeing product laid out on someone's blog and then linking back to TPT) and YouTube is great, too, for things like demos. BUT....I think Pinterest wins for me. I must waste...I mean invest....HOURS upon hours searching for decor, management tips, activities, and more. In the end, it pays off big time, b/c not only do I get GREAT ideas, but they're all conveniently stored and linked...and I have a ton of fun, too! Thanks for linking up and sharing.


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text:
Alabama Supreme Court Reverses Overly-Broad Injunction Prohibiting Competition Among Defense Contractors
August 29, 2012 by Devin C. Dolive
Earlier this year, the Alabama Supreme Court reversed a preliminary injunction entered by the trial court in a case involving competing defense contractors at the Redstone Arsenal in Huntsville. See Monte Sano Research Corp. v. Kratos Defense & Securities Solutions, Inc., — So. 3d —, 2012 WL 1890693 (Ala. May 25, 2012). The underlying litigation remains on-going, but the Alabama Supreme Court's ruling can provide insight for those involved in non-compete litigation in Alabama courts or in non-compete disputes involving government contracts.
By way of background to Monte Sano, the U.S. government awards certain defense contracts (in this case, "Army Aviation and Missile Command Express" contracts) via multi-year "blanket purchase agreements" awarded to "prime contractors" in four different "domains": (i) logistics, (ii) programmatic, (iii) technical, and (iv) business and analytical. In 2005, the Army awarded one such blanket purchase agreement in the technical domain to Computer Science Corporation ("CSC"), who thus became a prime contractor for certain work to be performed at the Redstone Arsenal. One of the plaintiffs in Monte Sano, Kratos Defense & Securities Solutions, Inc. ("Kratos"), via a predecessor corporation, was part of CSC's team (i.e., a potential sub-contractor) in obtaining this blanket purchase agreement for the technical domain. However, simply being a member of the team does not guarantee that individual tasks will be awarded to a particular sub-contractor; additional bidding is involved at the task level.
In Monte Sano, two of the defendants, Steven Thornton and Steven Teague, previously worked for Plaintiff Kratos. Thornton and Teague both left employment with Kratos in 2011 to work for defendant Monte Sano Research Corp. ("MSRC"). MSRC was formed in 2009 and was allegedly partially owned by Teague (but not Thornton) at the time of its formation. Prior to the departure of Thornton and Teague, CSC had entered into various sub-contracts with both Kratos and MSRC to perform work for a "task" under its "blanket purchase agreement" for the "technical" domain at the Redstone Arsenal. Upon the departure of Thornton and Teague, Kratos immediately filed suit against MSRC, Thornton, and Teague, and obtained from the trial court a preliminary injunction prohibiting MSRC, Thornton, and Teague from procuring work from any "prime contractor" at the Redstone Arsenal.
Notably, although Thornton and Teague had previously entered into non-competition agreements with Kratos, these agreements were of limited duration and expired at the end of 2010. As such, there were no explicit non-competition agreements in force when Thornton and Teague left Kratos's employment. There were, however, more generalized provisions in Kratos's employee handbook regarding the duty to maintain confidential information and not to solicit Kratos's employees or otherwise encourage employees to leave Kratos's employment. The handbook provisions regarding the duty to maintain confidential information had no time limit, and the duty not to encourage other Kratos employees to leave purported to last one-year beyond the end of employment. Moreover, in Monte Sano, Kratos alleged that Teague had arranged lunches in which Kratos employees were informed of new opportunities with MSRC. In bringing claims against Thornton and Teague, Kratos alleged that they had (i) breached their duties of loyalty and their fiduciary duties; (ii) tortiously interfered with Kratos's contractual relations with the "prime contractor" CSC; and (iii) breached their contractual obligations as set out in Kratos's employee handbook and elsewhere. Kratos also brought tortious interference claims against MSRC.
The Alabama Supreme Court, however, reversed the preliminary injunction, noting that the injunction was overly broad because it prohibited MSRC from performing work for any prime contractor at the Redstone Arsenal, in any domain, and not just the technical domain implicated by Kratos's contract with CSC. (The evidence in this case showed that MSRC had also been negotiating with prime contractors, other than CSC, in other domains.) The Alabama Supreme Court also noted that the trial court's injunction order did not comply with Rule 65(d)(2) of the Alabama Rules of Civil Procedure because it did not provide specific reasons for its decision and did not address why Kratos did not have an adequate remedy at law. In a concurring opinion, Justice Murdock noted that, because the preliminary injunction would have prevented MSRC from performing its sub-contract with CSC, CSC should also have been named as a party to the litigation.
As to "take aways" from the Monte Sano decision, the Alabama Supreme Court's holding demonstrates the importance of having written non-competition agreements, such that employers faced with departing employees are not forced to rely on more generalized duties of loyalty and more generalized handbook provisions. Monte Sano also emphasizes the risks of bringing "tortious interference" claims against a competitor who hires away employees when such claims are not supported by non-competition agreements with specific employees.
This said, the fact that the Monte Sano litigation made it as far it did (and is still on-going) shows that employers without explicit non-competition agreements are not without hope. Had the preliminary injunction in Monte Sano been limited to the technical domain work covered by Kratos's contracts with CSC, the Alabama Supreme Court's decision might have been different, even in the absence of a non-competition agreement. Thus, perhaps the biggest take away from Monte Sano is that it helps to be specific (and not over-reach), whether in drafting a non-competition agreement at the outset of employment or in seeking relief from a court after a competitor has hired away a key employee. For more clarification on the topic of non-compete agreements and clauses, please contact one of the Burr & Forman team members for assistance.
Filed Under: Alabama, Non-Compete Agreements Tagged With: Alabama, Burr & Forman, burr and forman, confidentiality agreements, employer agreements, huntsville, injunction, monte sano, msrc, non-compete, noncompete agreements, redstone arsenal, unfair competition
Former Events Coordinator Challenges Non-Compete Agreement
August 22, 2012 by John Paul Nefflen
A former employee of Event Logistics, Inc. recently filed suit in the Davidson County Chancery Court challenging her employer's non-compete agreement signed two years after her employment began. In Veit v. Event Logistics, Inc., Davidson County Chancery Court Docket No. 12-945-III, Falon Marie Veit ("Veit") alleges her employer, Event Logistics, Inc. ("ELI"), asked her to sign a "Non-Competition, Non-Solicitation, and Confidentiality Agreement" (the "Agreement") on November 28, 2007 after she was promoted to a vice president position. After completing a high profile event for the 2012 Iroquois Steeplechase, Veit resigned her employment with ELI on May 15, 2012.
The Agreement prohibits Veit for a period of two years from (1) engaging in activities competing with ELI within a 50 mile radius of ELI's office in Nashville; (2) soliciting ELI's customers with whom Veit had contact while employed by ELI; and (3) soliciting any of ELI's employees to terminate his/her employment with ELI.
In her Complaint, Veit asks the Court to determine that the Agreement is not enforceable and that she is free to resume her activities as an events coordinator with clients with whom she worked while employed by ELI. Veit argues ELI is not at risk of unfair competition because (1) event planning does not involve technical skills learned through specialized training provided by ELI; and (2) potential consumers of event planning services are not confidential or proprietary to ELI, but are individuals and commercial businesses that may need such services at any time and any location.
Veit also argues there is no adequate consideration supporting the Agreement. Veit alleges she signed the Agreement because she was promised she would become an owner of ELI. She ended her relation with ELI when it became apparent ELI would not give her an ownership interest in the company.
The Court recently denied Veit's Motion for a temporary injunction enjoining the enforcement of the Agreement. The Court found there were significant disputes as to whether ELI invested in Veit's training, whether Veit had access to confidential and proprietary information, and whether Veit had developed into the "face of the company" with respect to ELI's customers. However, the Court temporarily modified the Agreement to allow Veit to engage in certain limited event coordinating activities so she could make a living.
This will be an interesting case to watch. Veit's challenge to ELI's non-compete agreement goes to the heart of balancing between the desire for free trade and prohibiting a former employee from unfairly competing against her employer. It also demonstrates the Court's authority to modify or "blue pencil" a non-compete agreement to achieve this balance.
Watch for updates on Veit v. Events Logistics, Inc. in the near future.
Filed Under: Non-Compete Agreements, Tennessee Tagged With: burr, Burr & Forman, Davidson county, ELI, employer agreement, event logistics, Iroquois steeplechase, non-compete agreement, Non-Disclosure, noncompete agreement, noncompete clause, unfair competition, veit
The Inevitable Disclosure Doctrine — A Glimmer of Hope in the Absence of a Non-Compete Agreement
August 15, 2012 by Chip Collins
In the hilarious movie Dumb and Dumber, the imbecilic and unattractive character played by Jim Carrey is told by the beautiful woman he is pursuing that the chances of them winding up together are about one in a million, to which he excitedly replies, "So you're telling me there's a chance!" Similarly, if an employer wants to enjoin a former employee from working for a competitor, but the employee is not under any sort of non-compete agreement with the former employer, has taken no company records and property, and has not revealed any confidential information or trade secrets to the new employer, the inevitable disclosure doctrine of trade secrets law provides the employer with at least a "chance" of getting the desired injunction.
The inevitable disclosure doctrine is used by employers to stop former employees from working for competitors, even in the absence of a non-compete agreement, on the basis that it is inevitable that the employee will use or disclose the former employer's trade secrets in connection with the new employment. The significance of this theory is that the employer is not required to prove an actual misappropriation of a trade secret, but rather that the disclosure of the trade secret is inevitable based on the nature of the information and the circumstances of the employee's new position.
As with all trade secret issues, the law on inevitable disclosure varies somewhat from state to state. For instance, California courts have rejected the doctrine as creating a "de facto covenant not to compete", Bayer Corp. v. Roche Molecular Sys., Inc., 72 F. Supp. 2d 1111, 1120 (N.D. Cal. 1999), and held that the doctrine "cannot be used as a substitute for proving actual or threatened misappropriation of trade secrets." Whyte v. Schlage Lock Co., 125 Cal. Rptr. 2d 277, 294 (4th Dist. 2002). The Third Circuit Federal Court of Appeals, however, applied a relatively lenient standard under Pennsylvania law for successfully using the theory, holding that an employer need only show a "substantial likelihood" of disclosure of a trade secret. Bimbo Bakeries USA, Inc. v. Botticella, 613 F.3d 102,110 (3d Cir. 2010). (For an excellent nationwide survey of the doctrine, see Ryan A. Wiesner, A State-by-State Analysis of Inevitable Disclosure: A Need for Uniformity and a Workable Standard, 16 Intellectual Property L. Rev. 211 (2012)).
The Georgia Supreme Court has recognized the inevitable disclosure doctrine, although not referring to it by name, in the case of Essex Group, Inc. v. Southwire Corp., 269 Ga. 553, 501 S.E. 2d 501 (1998). In that opinion, the court upheld the trial court's injunction prohibiting Southwire's former employee from working for Southwire's direct competitor's logistics department for a period of five years. As the basis for its ruling, the court concluded that the competitor had "sought to obtain, by the simple act of hiring [Southwire's former employee], all the logistics information it had taken Southwire millions of dollars and years of testing and modifications to develop as part of Southwire's plan to acquire a competitive edge over other cable and wire companies …." Id. at 557. There was neither mention in the opinion of the employee having a non-compete agreement nor any mention of an actual misappropriation by the employee of the alleged trade secret. Instead, the implication of the decision was that disclosure of Southwire's logistics system was inevitable because of the identity of Southwire and its competitor's business.
BURR POINT: Even in the absence of an enforceable non-compete agreement, the inevitable disclosure doctrine provides a means for enjoining a former employee's competitive activities in certain circumstances. For more information on the inevitable disclosure doctrine or how it might apply to your business, don't hesitate to contact one of the Burr & Forman team members.
Filed Under: Georgia, Non-Compete Agreements Tagged With: Attorney, Burr & Forman, burr and forman, confidential information, confidentiality agreements, employer agreements, Georgia, non-compete clause, noncompete agreements, trade secrets, unfair competition
Eleventh Circuit Confirms Georgia Legislature Wisely Did a "Do Over" on the New Non-Compete Statute
In golf, a hacker who slices his tee shot into the woods will often announce that he's going to take a "mulligan", i.e., hit another ball as if the first one never happened. Georgia's General Assembly took a legislative mulligan in re-enacting its new non-compete statute, and a recent Eleventh Circuit opinion, Becham v. Synthes (U.S.A.), 2012 U.S. App. LEXIS 11225 (11th Cir. 2012), should make the folks under the Gold Dome glad they did.
In 2009, the Georgia General Assembly passed HB 173, which was a bill designed to make non-compete agreements and other post-employment restrictive covenants much easier for employers to enforce. The effectiveness of HB 173 was dependent upon a positive ratification by Georgia voters of a state constitutional amendment authorizing the new law. In November 2010, Georgia voters passed the amendment by a 2-1 margin. Because HB 173 specifically stated that it would become effective the day after ratification of the amendment, legislators, lawyers and employers all assumed that Georgia finally had its new employer-friendly non-compete statute in place as of November 3, 2010.
Shortly after the ratification of the amendment, however, some non-compete attorneys and commentators, including this author, began to have serious concerns about the effectiveness of the new law due to a discrepancy between the effective date of the new law, November 3, 2010, and the effective date of the constitutional amendment, which by law was January 1, 2011 (because the amendment, due to a legislative oversight, did not have a specified effective date). The analysis was that because the new statute was not constitutionally authorized on the date it became effective, it was unconstitutional and could not be revived by the later effectiveness of the amendment. This author shared the concerns of practitioners with the sponsor of HB 173, Rep. Wendell Willard, and he eventually concluded that the statute needed to be re-passed in the next session in an abundance of caution. (Go here for a discussion between the author and Rep. Willard about the events leading up to re-passage of the bill).
Thus, in 2011, the General Assembly passed a new bill, HB 30 (codified at OCGA §13-8-50 et seq.), that was essentially identical to the 2009 bill. This new statute, however, by its terms only applied to agreements executed on or after the new effective date of May 11, 2011. This left some uncertainty about how Courts would treat non-compete agreements executed during the legislative twilight zone period between the effective dates of the first and second versions of the new non-compete statute. Would courts give any deference to employers who had their employees execute new non-competes in reliance upon the much ballyhooed passage of the new statute?
That question was answered in the negative by the Eleventh Circuit in the recent Becham opinion. In that case, an employer was attempting to enforce a non-compete agreement dated December 1, 2010, after the ratification of the constitutional amendment and the effective date of HB 173, but before the effective date of the corrective 2011 statute. In affirming the grant of summary judgment in favor of the employee-defendant, the Eleventh Circuit held that "HB 173 was unconstitutional and void the moment it went into effect", thus confirming the analysis of the practitioners who first reached out to the bill sponsor. The effect of that ruling was that the Court applied the much more onerous pre-statute body of Georgia non-compete law, and the plaintiff's non-compete covenants were held to be unenforceable
BURR POINT: The Georgia lawmakers' nimble legislative repair of its previous misstep on the timing of the new non-compete statute means that all's well that ends well, unless you're an employer caught in the gap of the effective dates of the two versions of the law. For Georgia employers, it is now clear that your non-competes must be executed on or after May 11, 2011, in order to take advantage of the more lenient new statute. For more information or help further understanding the changes to Georgia's non-compete laws, contact a member of Burr & Forman's Non-Compete and Trade Secrets team.
Filed Under: Georgia, Non-Compete Agreements Tagged With: amendment, becham v. synthes, Burr & Forman, burr and forman, eleventh circuit, employer, Georgia, hb 173, hb 30, Law, non-compete, noncompete, statute
New Hampshire Enacts Non-Compete and Non-Piracy Legislation Effective July 14, 2012
August 1, 2012 by Kristin Taylor Parsons
New Hampshire has joined the ranks of numerous other states with non-compete statutes. On July 14, 2012, New Hampshire's non-compete and non-piracy law became effective and aims to ensure that advance notice will be provided to employees who will be required to sign a non-compete or non-piracy agreement as a condition of their employment or change in job position:
Prior to or concurrent with making an offer of change in job classification or an offer of employment, every employer shall provide a copy of any non-compete or non-piracy agreement that is part of an employment agreement to the employee or potential employee. Any contract that is not in compliance with this section shall be void and unenforceable.
Under the new law, an employer is prohibited from sandbagging a new employee by presenting him/her with a non-compete or non-piracy agreement on his/her first day of work after he/she has already accepted the offer, particularly in situations where the employee has quit a job to begin work with the new employer only to learn of the "surprise" agreement at that time. Now, not only must the employee be informed that a non-compete or non-piracy agreement will be a term of his/her employment should he/she accept an offer, but also the employee must be provided with a copy of the actual agreement itself. The employee then has an opportunity to review and consider the agreement and the impact thereof, and decide whether to accept the offer and the agreement and if employed, quit his/her current job. This same analysis applies in the case of an employee who is offered an internal job change (e.g., lateral move, promotion, etc.) which will require him/her to sign a non-compete or non-piracy agreement.
New Hampshire courts will continue to handle "traditional" disputes as to the reasonableness of the geographic scope and duration of non-compete agreements and whether the employer has a legitimate protectable interest. But, after July 14, those same courts will undoubtedly be asked to decide and handle a variety of debacles arising as a result of the new law and the questions it leaves unanswered, such as whether non-solicitation, non-recruitment, and/or nondisclosure agreements constitute "non-piracy" agreements. That said, as the penalty for noncompliance with the new law is steep – i.e., invalidation of the entire agreement – employers would be wise to act conservatively and avoid any missteps by ensuring reasonable advance notice is provided, written acknowledgment of the notice is given by the employee, and non-solicitation, non-recruitment, and non-disclosure agreements are treated as non-piracy agreements subject to the new law.
Filed Under: New Hampshire, Non-Compete Agreements, Non-Solicitation Agreement Tagged With: Burr & Forman, confidentiality agreements, employer agreements, new hampshire, non-compete, non-compete clause, non-solicitation agreements, noncompetes, nonrecruitment, trade secrets law


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Meet the Environmental Protection Network's Board of Directors
About Us|Mission & Goals|Meet the Team| Board of Directors|Advisory Council|Contact Us|Donate
Ruth Greenspan Bell
Ruth Greenspan Bell served in various management positions in EPA's Office of General Counsel and worked in EPA's international program, where she focused on environmental conditions in Poland and the former Soviet bloc. She is currently a Public Policy Fellow at the Woodrow Wilson International Center for Scholars and a Visiting Scholar at the Environmental Law Institute. Following EPA, Bell was Senior Advisor to the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs and has worked in several Washington, DC think tanks. In 2008, she helped Poland prepare to host the annual UN Framework Convention on Climate Change Conference of the Parties. Her areas of expertise include the development of functioning environmental institutions in the challenging settings of the former Soviet bloc and developing world countries and a variety of innovative approaches to domestic and international climate change policy.
Robert M. Wolcott
Robert Wolcott is a former Deputy Assistant Administrator for Policy at EPA (1995 and 2000) and, between 1983 and 1985, served as Assistant to the EPA Administrator on policy matters, including the phase-down of lead in gasoline. Wolcott is now a consulting economist focusing on the intersection between the environment and the economy. He began his EPA career as Regional Economist in the agency's San Francisco office and then served as West Coast Director of the Public Interest Economics Foundation and as its Executive Director in Washington DC. He returned to EPA and went on to direct several EPA divisions in Washington DC, ranging from Economic Analysis to Agriculture to Water Policy. From 1990 through 1992, Wolcott advised the EPA Administrator on special projects, including environmental justice and the controversy over the Spotted Owl. He chaired EPA's Work Group on Environmental Justice, overseeing the preparation of the agency's report on the issue and revisions in agency policies and procedures responding to this challenge.
Barbara Elkus
Barbara Elkus is a seasoned scientist with 35 years of experience in the areas of environmental science and policy. From 1977 through 2001, Elkus worked at EPA in a variety of positions, primarily in the areas of water and hazardous waste. She managed the development of effluent guidelines and drinking water protection programs and provided technical support in hazardous waste enforcement efforts and the development of regulations and state program guidelines for underground storage tanks. Upon retiring from EPA, Elkus joined the League of Conservation Voters, where she kept members of Congress and their staffs informed on issues of importance to the environmental community and was instrumental in producing the 2004 National Environmental Scorecard. She also worked with the Climate Policy Center of Clean Air-Cool Planet on several projects, including organizing a series of climate seminars in partnership with the Norwegian Embassy throughout the country.
Caroline Isber
Caroline Isber worked in the EPA Office of Solid Waste and Emergency Response, where she chaired a committee that wrote regulations under the Oil Pollution Act and served as Legislative and Public Affairs Director at the White House Council on Environmental Quality. She now sits on the boards of Economic Opportunity Studies and the Family Place in Washington, DC. Isber acted as the National Affairs and Legislative Consultant to The Garden Club of America; served as the Chief Press Officer in the Office of Global Programs at the National Oceanic and Atmospheric Administration; and worked in the Office of the Secretary of the Department of Health and Human Services, where she acted as an advisor to then-Secretary Margaret Heckler. This followed a two-year position as the Executive Director of the American Environmental Safety Council (SAVE EPA), an organization that strengthened public and congressional support for the agency. Isber brings to EPN ten years experience in radio and television as an editor, writer, on-air interviewer, director, field producer and executive producer.
Sally Ericsson
Sally Ericsson is a strategic consultant for non-profit organizations and foundations on climate policy and climate resilience, natural resource conservation policies including water and drought issues, and forest and agricultural carbon management policies. In the Obama Administration, Sally was Associate Director for Natural Resources, Energy and Science at the White House Office of Management and Budget working across agencies on natural resource and environmental issues, climate change, and science and energy policy. Previously she was a policy consultant promoting forests as a climate mitigation tool and Director of Outreach at the Pew Center on Global Climate Change, where she worked with the Center's Business Environmental Leadership Council, a group of Fortune 500 corporations addressing issues related to climate change.
During the Clinton administration, Sally was Associate Director for Natural Resources at the White House Council on Environmental Quality and was the Deputy Chief of Staff and Associate Undersecretary for Economic Affairs at the U.S. Department of Commerce. Sally was a senior official at the Service Employees International Union and spent eight years on Capitol Hill on the staffs of Speaker "Tip" O'Neill and Senator John Kerry.
Gwen Keyes Fleming
Prior to joining Van Ness Feldman LLP, Gwen spent more than 20 years in the public sector, serving as both an elected and appointed official at the state and local levels, as well as in various branches of the federal government. Most recently, she served as the Principal Legal Advisor (General Counsel) for Immigrations & Customs Enforcement (ICE) in the U.S. Department of Homeland Security (DHS), as Chief of Staff to EPA Administrator Gina McCarthy, and Regional Administrator of EPA Region 4 under Administrator Lisa Jackson during the Obama Administration. Gwen's practice currently focuses on environmental policy, government relations, enforcement defense litigation, and special investigations for private and municipal clients. She also provides strategic advice and counsel on national security matters related to the protection of environmental and energy infrastructure from cyber and physical threats, including compliance planning, incident response, and subsequent enforcement or litigation matters.
Mark Hague
In January 2017, Mark Hague retired as Regional Administrator of EPA Region 7 after 37 years at the Environmental Protection Agency in Washington, D.C. and Kansas City. Mark was appointed Region 7 Regional Administrator in November 2015, after having served as EPA Region 7 Deputy Regional Administrator since 2011. In addition, from September to December 2014, Mark served as Acting Deputy Chief Financial Officer at EPA.
As Regional Administrator, Mark led Region 7's 500+ professional and technical employees responsible for implementing environmental programs in Missouri, Iowa, Nebraska and Kansas and nine Native American Tribes. He served as the primary liaison to the public and elected officials in the Region. Mark worked with State and local environmental leaders to ensure environmental and health protections throughout the region, and engaged citizen groups and non-governmental organizations on EPA program issues. Mark served as a member of the EPA, State and Tribal E-Enterprise for the Environment governing board which worked to modernize systems supporting environmental program implementation across the nation.
As Deputy Regional Administrator, Mark was instrumental in implementing approaches to streamline and modernize business practices in Region 7; an approach that was adopted across EPA. During his EPA career, Mark held a variety of leadership positions including Director of the Region 7 Enforcement Coordination Office, Acting Assistant Administrator for Policy and Management, and Senior Indian Program Manager.
Mark resides in Prairie Village, KS and is active in several not-for-profit organizations in the Kansas City area.
Bharat Mathur
Bharat Mathur spent over fifteen years in important positions at EPA's Region 5 office in Chicago, including Deputy Regional Administrator, Director of the Air and Radiation Division, and Acting Regional Administrator. Bharat served as the regional point person on the EPA Executive Management Council and several national committees charged with developing policies for environmental justice, sustainable development and materials management. In addition, he oversaw program implementation in six Midwestern states with a focus on permitting and compliance assurance. Prior to work at Region 5, Bharat was at the Illinois Environmental Protection Agency (IEPA) for close to 28 years as Air Bureau Chief, Deputy Chief in the Bureau of Land and various supervisory roles in the Bureau of Water. Among his many achievements at the IEPA, he established the Underground Injection and Storage Tank Programs.
A. Stanley (Stan) Meiburg
Dr. A. Stanley (Stan) Meiburg spent 39 years with EPA, from 1977 to 2017. As Acting Deputy Administrator (2014-2017) he created the Water Infrastructure Resiliency and Finance Center, was a co-chair of the E-Enterprise Leadership Council, and served as an active member of the President's Management Council. From 1996-2014, Stan served as Deputy Regional Administrator in EPA's Region 4, after also serving as Deputy Regional Administrator in Region 6 in 1995, making him only the second person in EPA history to serve in this position in more than one region. Between 1985 and 1990, he was Director of the Planning and Management Staff of EPA's Office of Air Quality Planning and Standards, where he led work on the 1990 Clean Air Act Amendments. In addition, he was the Executive Director of EPA's Environmental Financial Advisory Board from 2001 to 2010 and served on many task forces promoting innovation and collaboration within the Agency. Currently, Dr. Meiburg is the Director of Graduate Studies in Sustainability at Wake Forest University, where he leads the Master of Arts in Sustainability program and associated dual degree certificate programs. Among other honors, Stan received EPA's Distinguished Career Award in 2014 and was recognized as a Distinguished Federal Executive in 2012. He holds a B.A. from Wake Forest University, and M.A. and Ph.D. in political science from Johns Hopkins University. He and his wife Julie live in Winston-Salem, North Carolina.
George Wyeth
George Wyeth is an attorney and policy analyst who left EPA in February 2017 after a 27-year career in the Office of General Counsel, the Office of Enforcement and Compliance Assurance and the Office of Policy. He is currently a visiting scholar at George Washington University Law School and serves as an officer of the American Bar Association's Section on Energy, Environment and Resources and on the board of the Little Falls Watershed Alliance. During his EPA tenure, Wyeth worked on legal and policy issues related to almost every EPA program. The centerpiece of his career was the development and promotion of innovative strategies that harmonize environmental and business goals to build a sustainable economy. During his last three years at EPA, Wyeth played a leadership role in the agency's "Next Generation Compliance" initiative aimed at addressing root causes of noncompliance and using modern monitoring technology to empower both regulators and companies to detect and even prevent environmental problems.
D. James Baker
Emeritus Member
D. James Baker was the longest serving Administrator of the National Oceanic and Atmospheric Administration (1993-2001) and worked closely there with EPA on ocean and coastal protection. He is currently a consultant for the United Nations Food and Agriculture Organization for the Global Forest Observations Initiative, helping developing countries reduce emissions and become more climate-resilient. Most recently, he was the Senior Strategic Advisor and Director of the Global Forest and Land-Use Program at the Clinton Foundation. He also served as the President and CEO of the Academy of Natural Sciences in Philadelphia and was a scientific advisor to former Vice President Al Gore on the Oscar-winning film An Inconvenient Truth and is the author of the book Planet Earth: The View from Space, published by Harvard University Press.
Barry Hill
Barry E. Hill is an Adjunct Professor of Law at Vermont Law School, where he has taught an environmental justice and sustainable development course for more than 20 years. He has been a Visiting Scholar at the Environmental Law Institute since he retired from federal service in March 2015. He was Senior Counsel for Environmental Governance at EPA's Office of International and Tribal Affairs from 2007-2015. Previously, he was Director of EPA's Office of Environmental Justice from 1998-2007. Prior to that, he was the Department of the Interior's Associate Solicitor of the Division of Conservation and Wildlife, as well as the Director of the Office of Hearings and Appeals. Prior positions include: Of Counsel to the law firm of Dickstein Shapiro, LLP, where he practiced environmental law; Project Manager of the Superfund Business Unit of the consulting firm, ICF International; Special Counsel to the Attorney General of the District of Columbia; Legal Counsel to the EPA Inspector General; Law Secretary to the Deputy Administrative Judge of New York City; and an Assistant District Attorney in Brooklyn, New York. He is the author of the 4 editions of his textbook/handbook, "Environmental Justice: Legal Theory and Practice," as well as 30 articles in scholarly journals. He is the recipient of distinguished achievement awards in environmental law and policy from the American Bar Association, as well as law and undergraduate schools. Since 1999, he has been a Fellow of the ABA's American Bar Foundation in recognition of his professional accomplishments, distinguished service, and commitment to the study of law and legal research.


It's not surprising that the ABA would write stuff like this — it's their job to make self-interested claims. What is surprising is that there are members of the urban cognoscenti who still believe these arguments, arguments that made some sense twenty years ago, but have long since stopped doing so.
Twenty years ago, when we had Barnes and Noble but no Amazon, there was all kinds of literature, from 2600 to Love & Rockets, from Heather Has Two Mommies to Duplex Planet, that survived mainly in the independent ecosystem, but whose host bookstores also needed to sell enough Stephen King or M. Scott Peck to stay open. Fifteen years ago, when use of the web was still a minority pursuit, online bookselling changed this game, but hadn't yet ended it. Even ten years ago, when more than half of U.S. adults had already become internet users, there were still many book lovers not online. Though the value of bookstores in supporting variety had shrunk, it was still there.
Those days are over. Internet use is as widespread as cable TV, and an internet user in rural Utah has access to more books than a citizen of Greenwich Village had before the web. Millions more books. Like record stores and video rental places, physical bookstores simply can't compete for breadth of offering and, also like the social changes around music and moving images, the internet is strengthening rather than weakening the ability of niches and sub-cultures to see themselves reflected in long-form writing.
The internet also moderates the competitive threat, because the competition is only a click away. Amazon lists millions of books, but so does eBay, and publishers like O'Reilly or McGraw-Hill or Alyson can sell directly to the reader. If you had to choose between buying books only offline or only online, the choice that maximizes the number of ideas in circulation is unambiguously clear. Even if all but a dozen online booksellers were to vanish, there would still be more places to buy books on the web than there are bookstores in the average American city today.
Despite the spectacular breadth of available books created by online book sellers, many lovers of bookstores echo the ABA's "Access to literature is at stake!" argument. In my experience, people make this argument for one of three reasons.
This first is that some people simply dislike change. For this group, the conviction that the world is getting worse merely attaches to whatever seems to be changing. These people will be complaining about kids today and their baggy pants and their online bookstores 'til the day they die.
A second group genuinely believes it's still the 1990s somewhere. They imagine that the only outlets for books between Midtown and the Mission are Wal-Mart and Barnes and Noble, that few people in Nebraska have ever heard of Amazon, that countless avid readers have money for books but don't own a computer. This group believes, in other words, that book buying is a widespread activity while internet access is for elites, the opposite of the actual case.
A third group, though, is making the 'access to literature' argument without much real commitment to its truth or falsehood, because they aren't actually worried about access to literature, they are worried about bookstores in and of themselves. This is a form of Burkean conservatism, in which the value built up over centuries in the existence of bookstores should be preserved, even though their previous function as the principal link between writers and readers is being displaced.
This sort of commitment to bookstores is a normative argument, an argument about how things ought to be. It is also an argument that might succeed, as long as it re-imagines what bookstores are for and how they are supported, rather than merely hoping that if enough nice people seem really concerned, the flow of time will reverse.
If the money from selling books falls below a certain threshold, the stores will cut back on something — hours, staff, rocking chairs — and their overall value will fall, meaning marginally fewer patrons and sales, threatening still more cutbacks. There may be a future in which they offer less value and make less money in some new and stable equilibrium, but beneath a certain threshold, the only remaining equilibrium is Everything Must Go. Given the margins, many local bookstores are near that threshold today.
The core idea is to appeal to that small subset of customers who think of bookstores as their "third place", alongside home and work. These people care about the store's existence in physical (and therefore social) space; the goal would be to generate enough revenue from them to make the difference between red and black ink, and to make the new bargain not just acceptable but desirable for all parties. A small collection of patron saints who helped keep a local bookstore open could be cheaply smothered in appreciation by the culture they help support.
Any change from a commercial to a cooperative model of support would also probably have to be accompanied by a renegotiation of commercial leases. Street level commerce seems to be undergoing some of the same changes urban warehouses and lofts went through in the 1960s and waterfront property went through in the 1990s, where the muscular old jobs of making, storing, and transporting goods receded, leaving those spaces open for colonization as dwellings.
In the current case, the spread of electronic commerce for everything from music to groceries is part of the increase in empty store fronts on shopping streets, leaving a series of Citi branches, ATT outlets, and Starbucks that repeat at regular intervals, like scenery in a Hanna-Barbera cartoon. Even when the current recession ends, it's hard to imagine vibrant re-population of most of the empty commercial spaces, and it's easy to imagine scenarios in which commercial districts suffer more: consolidation among pharmacy chains, an uptick in electronic banking, the end of our love affair with frozen yogurt, any of these could keep many street level spaces empty, whatever happens to the larger economy.
If commercial space does follow the warehouse-and-loft pattern, then we'll need to find ways to re-purpose those spaces. Unlike lofts, however, street level living has never been a big draw, but turning those spaces into mixed commercial-and-communal use may offer a viable alternative.
This also comes with the standard disclaimer that it may not work. The gap between the money needed to stave off foreclosure and the money available from local beneficiaries may not match up in any configuration. Vehement declarations of support for local bookstores may turn out be mere snobbishness masquerading as commitment. The transition of revenue from "transactional warehouse" to "social hub" may be too fitful to create the needed continuity. Landlords may prefer to hold empty spaces at nominally high rents than re-price. And so on.
All of which is to say that trying to save local bookstores from otherwise predictably fatal competition by turning some customers into members, patrons, or donors is an observably crazy idea. However, if the sober-minded alternative is waiting for the Justice Department to anoint the American Booksellers Association as a kind of OPEC for ink, even crazy ideas may be worth a try.
I called this tendency algorithmic authority. I hadn't used that phrase before yesterday, so it's not well worked out (and I didn't coin it — as Jeff Jarvis noted at the time, Google lists a hundred or so previous occurrences.) There's a lot to be said on the subject, but as a placeholder for a well-worked-out post, I wanted to offer a rough and ready definition here.
As this is the first time I've written about this idea, this a bit of a ramble. I'll take on authority briefly, then add the importance of algorithms.
The social characteristic of deciding who to trust is a key feature of authority — were you to say "I have it on good authority that Khotyn is a town in Moldova", you'd be saying that you trust me to know and disclose that information accurately, not just because you trust me, but because some other group has vouched, formally or informally, for my trustworthiness.
This is a compressed telling, and swerves around many epistemological potholes, such as information that can't be evaluated independently ("I love you"), information that is correct by definition ("The American Psychiatric Association says there is a mental disorder called psychosis"), or authorities making untestable propositions ("God hates it when you eat shrimp.") Even accepting those limits, though, the assertion that Khotyn is in Moldova provides enough of an illustration here, because it's false. Khotyn is in Ukraine.
And this is where authority begins to work its magic. If you told someone who knew better about the Moldovan town of Khotyn, and they asked where you got that incorrect bit of information, you'd have to say "Some guy on the internet said so." See how silly you'd feel?
Now imagine answering that question "Well, Encyclopedia Britannica said so!" You wouldn't be any less wrong, but you'd feel less silly. (Britannica did indeed wrongly assert, for years, that Khotyn was in Moldova, one of a collection of mistakes discovered in 2005 by a boy in London.) Why would you feel less silly getting the same wrong information from Britannica than from me? Because Britannica is an authoritative source.
Authority thus performs a dual function; looking to authorities is a way of increasing the likelihood of being right, and of reducing the penalty for being wrong. An authoritative source isn't just a source you trust; it's a source you and other members of your reference group trust together. This is the non-lawyer's version of "due diligence"; it's impossible to be right all the time, but it's much better to be wrong on good authority than otherwise, because if you're wrong on good authority, it's not your fault.
First, it takes in material from multiple sources, which sources themselves are not universally vetted for their trustworthiness, and it combines those sources in a way that doesn't rely on any human manager to sign off on the results before they are published. This is how Google's PageRank algorithm works, it's how Twitscoop's zeitgeist measurement works, it's how Wikipedia's post hoc peer review works. At this point, its just an information tool.
Second, it produces good results, and as a consequence people come to trust it. At this point, it's become a valuable information tool, but not yet anything more.
The third characteristic is when people become aware not just of their own trust but of the trust of others: "I use Wikipedia all the time, and other members of my group do as well." Once everyone in the group has this realization, checking Wikipedia is tantamount to answering the kinds of questions Wikipedia purports to answer, for that group. This is the transition to algorithmic authority.
As the philosopher John Searle describes social facts, they rely on the formulation X counts as Y in C — in this case, Wikipedia comes to count as an acceptable source of answers for a particular group.
There's a spectrum of authority from "Good enough to settle a bar bet" to "Evidence to include in a dissertation defense", and most uses of algorithmic authority right now cluster around the inebriated end of that spectrum, but the important thing is that it is a spectrum, that algorithmic authority is on it, and that current forces seem set to push it further up the spectrum to an increasing number and variety of groups that regard these kinds of sources as authoritative.
There are people horrified by this prospect, but the criticism that Wikipedia, say, is not an "authoritative source" is an attempt to end the debate by hiding the fact that authority is a social agreement, not a culturally independent fact. Authority is as a authority does.
Now there are boundary problems with this definition, of course; we trust spreadsheet tools to handle large data sets we can't inspect by eye, and we trust scientific results in part because of the scientific method. Also, although Wikipedia doesn't ask you to trust particular contributors, it is not algorithmic in the same way PageRank is. As a result, the name may be better replaced by something else.
But the core of the idea is this: algorithmic authority handles the "Garbage In, Garbage Out" problem by accepting the garbage as an input, rather than trying to clean the data first; it provides the output to the end user without any human supervisor checking it at the penultimate step; and these processes are eroding the previous institutional monopoly on the kind of authority we are used to in a number of public spheres, including the sphere of news.
You are currently browsing the Clay Shirky blog archives for November, 2009.


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text:
package demo

import org.apache.log4j.Logger
import org.apache.spark.SparkConf
import org.apache.spark.streaming.{Duration, Milliseconds, StreamingContext}

/**
 * SparkStreamingアプリケーション起動用トレイト
 */
trait SparkStreamingApplication {
  /** ロガー */
  @transient lazy val log = Logger.getLogger(getClass.getName)

  /** ポーリングインターバル(デフォルト : 500 ms) */
  def pollingInterval(): Duration = Milliseconds(500)

  /** 処理の最長時間(無制限の場合は 0, デフォルト : 0 ms) */
  def lifetime(): Duration = Milliseconds(0)

  /** 処理前の設定変更 */
  def configure(conf: SparkConf, args: Array[String]): SparkConf = conf

  /** 例外発生時のフック処理 */
  def exceptionHandle(e: Exception): Unit = {}

  /**
   * 起動メソッド
   *
   * @param args 起動引数
   */
  def main(args: Array[String]): Unit = {
    val appName = getClass.getName.split("\\$").last
    val conf = configure(new SparkConf().setAppName(appName), args)
    val ssc = new StreamingContext(conf, pollingInterval())

    try {
      log.info("Application '" + appName + "' start.")
      process(ssc, args)

      ssc.start()
      if (lifetime().isZero) {
        // 終わるまで待つ
        ssc.awaitTermination()
      } else if (!ssc.awaitTerminationOrTimeout(lifetime().milliseconds)) {
        // 指定時間内に終わらなかった場合は強制終了
        log.warn("Timeout : " + lifetime().milliseconds + "ms")
        log.warn("Execute : force shutdown now")
        ssc.stop(true)
      }
    } catch { case e: Exception =>
        log.error("Exception occurred.", e)
        log.warn("Execute : force shutdown now")
        ssc.stop(true)
        throw e
    } finally {
      log.info("Application '" + appName + "' stopped.")
    }
  }

  /**
   * SparkStreamingアプリケーションの主処理
   * <p/>
   * {@link StreamingContext#start() 処理の開始}は後続処理で行うので、実行しないでください
   *
   * @param ssc ストリーミングコンテキスト
   * @param args 起動引数
   */
  def process(ssc: StreamingContext, args: Array[String])
}

redpajama_set_name: RedPajamaGithub


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Complementing the community's limited shopping spots were delivery men and "peddlers." Not all Italians, but a group nonetheless of interesting, hard-working folks who became embedded in the fabric of our neighborhoods.
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About once a week, you could hear the familiar wail of the huckster selling fruits, vegetables, and on occasion, eggs. Maybe "wailing" is not the proper word, but after dealing with the strong-minded Italian women, he departed the area, swearing never to return.
Murphy, the affable Jewish haberdasher, arrived monthly in his old woody station-wagon, selling a variety of adult and children clothing, and incidentals. Moms bought kids' school clothes and, for themselves, "busti," girdles. For their boys, they insisted on buying the hated, "clod-hopper" ankle top boots.
Additionally, there was Giuseppe who rode around with his bicycle cart sharpening knives, grinding scissors and even mending umbrellas. The kids loved to watch as he rotated the big sand wheel, magically sharpening utensils.
Then, who could forget the old farmer with his dated Model A pickup, stacked to the sky with chicken coops askew. Buying live chickens from the farmer was a blessing. It meant avoiding going to the chicken store, with sawdust on the floor, "la puzza," and feathers flying around so thick, "ya" choked.
Also, there was the poor "Rag Man." A sad, but curious sight, travelling with horse and cart, filled with remnants of old and worn clothes, calling out "Rags! Give me your rags!" He kept some of the better-looking clothing to be used by the family, the rest he sold.
What about the "Ice Ball" man? Of course! He is the one pushing his cart, equipped with a line of bottles filled with colored liquids. A flavor or two that was poured over shaved ice jammed into a cone-shaped container and accompanied by the tiniest plastic spoon to scoop it out.
The neighborhood was certainly enriched by these individual entrepreneurs. These are bygone days, but they reflect positive memories of life in an Italian-immigrant commune.


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text:
Black and White è il terzo album in studio degli Stranglers, pubblicato nel 1978 dalla United Artists.

Il disco
L'album è diviso in due parti distinte: la "black side" e la "white side", che indicano il carattere e lo stile delle canzoni comprese nelle due parti stesse. In questo disco il gruppo utilizza un approccio più sperimentale per quanto riguarda la struttura delle canzoni e per i tempi (il pezzo Curfew ad esempio è eseguito in 7/4).

Venne registrata e pubblicata in Svezia una versione in lingua svedese del pezzo Sweden. Il pezzo trae ispirazione dall'esperienza di Cornwell all'Università di Lund intorno alla metà degli anni settanta. Il titolo Death and Night and Blood è invece tratto dal romanzo di Yukio Mishima intitolato Confessions of a Mask.

Quando l'album venne pubblicato nel 1978, nelle prime  copie venne aggiunto un 7" in vinile (Walk On By/Mean to Me/Tits), mentre i singoli estratti dall'album furono Nice'n'Sleazy (b-side: Shut Up), e una versione diversa da quella dell'album della cover di Burt Bacharach e Hal David Walk on By (b-side: Old Codger). Old Codger vede come ospite alla voce il cantante jazz George Melly. Questi pezzi verranno poi inseriti nella ristampa del 2001.

Nello stesso periodo della pubblicazione di Black and White, il gruppo registrò Mean to Me e una cover di Mony Mony con una cantante donna, e pubblicò i pezzi con il nome di "Celia and the Mutations", sempre attraverso la United Artists, ma il singolo non entrò in classifica.

Tracce
White side

 Tank - 2:54
 Nice N' Sleazy - 3:11
 Outside Tokyo - 2:06
 Hey! (Rise of the Robots) - 2:13
 Sweden (All Quiet on the Eastern Front) - 2:47
 Toiler on the Sea - 5:23

Black side

 Curfew - 3:10
 Threatened - 3:30
 In the Shadows - 4:15
 Do You Wanna/Death and Night and Blood (Yukio) - 5:25
 Enough Time - 4:16

Bonus track inserite nella ristampa

 Mean to Me
 Old Codger
 Shut Up
 Tits (live)
 Walk on By

Formazione

Gruppo
 Hugh Cornwell - voce (1-6, 9, 11), chitarra, cori
 JJ Burnel - basso, voce (7, 8, 10 [Death and Night and Blood]), cori
 Dave Greenfield - tastiere (Hammond L100 Organ, Hohner Cembalet electric piano, Minimoog synthesizer), voce (10 [Do You Wanna]), cori
 Jet Black - batteria

Altri musicisti
 Lora Logic (degli Essential Logic e X-Ray Spex) - sassofono in Hey!
 George Melly - voce in Old Codger
 Lew Lewis - armonica a bocca in Old Codger

Note

Collegamenti esterni

redpajama_set_name: RedPajamaWikipedia


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text:
Kapavore praises Panfilo
Pomio MP Elias Kapavore has heaped praises on the work of outgoing Archbishop of the Rabaul Catholic Archdiocese Emeritus Francisco Panfilo and the Catholic church as a whole.
In acknowledging the continuous support and presence of the Catholic church in the province and more so in Pomio district, Mr Kapavore said that the church has been a very vital social service provider for his people in a district that is often difficult to deliver services to, given its rugged terrains and generally remote geography.
Mr Kapavore said for a large district like Pomio with its scattered rural communities, the Catholic Church has continued to maintain social services there, in education, health and spiritual development through their religious programs and outreach. Giving an overview of the church's partnership in the district, Mr Kapavore said the Catholic Church manages 14 health centres and 26 of a total of 52 primary schools in the district.
And because of this continuous partnership, he applauded the Catholic Church under the Rabaul Archdiocese, and the leadership of former Archbishops in Panfilo and Karl Hesse MSC, who were committed to their people's needs.
Mr Kapavore further attributed the successes of the district to the church, such as the district's achievement in being rated as one of the most improved districts in the county last year, by the Department of Provincial and Local Government Affairs. When welcoming the new Archbishop Rochus Tatamai, Mr Kapavore commended his predecessor for his contributions and commitment to the people.
'Must be self motivated'
With Pomio district's rugged topography and its associated challenges in terms of delivering services to its scattered population, any government officer wanting to work there must not only be qualified but must also be self-motivated and have the heart to serve the rural communities.
Palmalmal Sec gets K500,000
PALMALMAL Secondary School in the Pomio district was privileged to receive K500,000 funding from the Education Department for infrastructure development.
ENB starts Australia bushfire appeal
Both members of parliament have made K5000 commitment each on behalf of their families


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text:
Q: T-SQL: from rows to columns but not an actual pivot Is there a T-SQL (SQL Server 2008R2) query to transform TABLE_1 into the expected resultset?
TABLE_1
+----------+-------------------------+---------+------+
| IdDevice | Timestamp               | M300    | M400 |
+----------+-------------------------+---------+------+
| 3        | 2012-12-05 16:29:51.000 | 2357,69 | 520  |
| 6        | 2012-12-05 16:29:51.000 | 1694,81 | 470  |
| 1        | 2012-12-05 16:29:51.000 | 2046,33 | 111  |
+----------+-------------------------+---------+------+

Expected resultset
+-------------------------+---------+--------+---------+--------+---------+--------+
|        Timestamp        | 3_M300  | 3_M400 | 6_M300  | 6_M400 | 6_M300  | 6_M400 |
+-------------------------+---------+--------+---------+--------+---------+--------+
| 2012-12-05 16:29:51.000 | 2357,69 |    520 | 1694,81 |    470 | 2046,33 |    111 |
+-------------------------+---------+--------+---------+--------+---------+--------+

A: This is still a PIVOT query but before you PIVOT you must perform an UNPIVOT of your columns.
First, you perform the UNPIVOT which takes your current multiple columns and transforms them into two columns - one with the value and the other with the column name. The key for the UNPIVOT is that the datatypes be the same, so in the subquery I cast any columns to the same datatype:
select timestamp,
    value, cast(iddevice as varchar(10)) + '_'+col as col
  from
  (
    select iddevice,
      timestamp,
      cast(m300 as varchar(10)) m300,
      cast(m400 as varchar(10)) m400
    from yourtable
  ) src
  unpivot
  (
    value
    for col in (m300, m400)
  ) unpiv

See SQL Fiddle with Demo
Result:
|                       TIMESTAMP |   VALUE |    COL |
------------------------------------------------------
| December, 05 2012 16:29:51+0000 | 2357,69 | 3_m300 |
| December, 05 2012 16:29:51+0000 |     520 | 3_m400 |
| December, 05 2012 16:29:51+0000 | 1694,81 | 6_m300 |
| December, 05 2012 16:29:51+0000 |     470 | 6_m400 |
| December, 05 2012 16:29:51+0000 | 2046,33 | 1_m300 |
| December, 05 2012 16:29:51+0000 |     111 | 1_m400 |

Once you complete the unpivot, then you can apply the PIVOT function:
select *
from
(
  select timestamp,
    value, cast(iddevice as varchar(10)) + '_'+col as col
  from
  (
    select iddevice,
      timestamp,
      cast(m300 as varchar(10)) m300,
      cast(m400 as varchar(10)) m400
    from yourtable
  ) src
  unpivot
  (
    value
    for col in (m300, m400)
  ) unpiv
) src1
pivot
(
  max(value)
  for col in ([3_m300], [3_m400],
              [6_m300], [6_m400],
              [1_m300], [1_m400])
) piv

See SQL Fiddle with Demo
Results:
|                       TIMESTAMP |  3_M300 | 3_M400 |  6_M300 | 6_M400 |  1_M300 | 1_M400 |
--------------------------------------------------------------------------------------------
| December, 05 2012 16:29:51+0000 | 2357,69 |    520 | 1694,81 |    470 | 2046,33 |    111 |

If you have an unknown number of IdDevices that you want to transform into columns, then you can use dynamic SQL:
DECLARE @cols AS NVARCHAR(MAX),
    @query  AS NVARCHAR(MAX)

select @cols = STUFF((SELECT DISTINCT ','
                      + quotename(cast(t.IdDevice as varchar(10)) +'_'
                                  +c.name)
                    from yourtable t
                     cross apply sys.columns as C
                   where C.object_id = object_id('yourtable') and
                         C.name not in ('IdDevice', 'Timestamp')
            FOR XML PATH(''), TYPE
            ).value('.', 'NVARCHAR(MAX)')
        ,1,1,'')

set @query = 'SELECT timestamp,' + @cols + ' from
             (
               select timestamp,
                value, cast(iddevice as varchar(10)) + ''_''+col as col
              from
              (
                select iddevice,
                  timestamp,
                  cast(m300 as varchar(10)) m300,
                  cast(m400 as varchar(10)) m400
                from yourtable
              ) src
              unpivot
              (
                value
                for col in (m300, m400)
              ) unpiv
            ) x
            pivot
            (
              max(value)
              for col in (' + @cols + ')
            ) p '

execute(@query)

See SQL Fiddle with Demo
Edit, if you need a totals field for each m value, then you can use:
select timestamp,
  [3_m300], [3_m400],
  [6_m300], [6_m400],
  [1_m300], [1_m400],
  [1_m300] + [3_m300] + [6_m300] Total_m300,
  [1_m400] + [3_m400] + [6_m400] Total_m400
from
(
  select timestamp,
    value, cast(iddevice as varchar(10)) + '_'+col as col
  from
  (
    select iddevice,
      timestamp,
      m300,
      m400
    from yourtable
  ) src
  unpivot
  (
    value
    for col in (m300, m400)
  ) unpiv
) src1
pivot
(
  sum(value)
  for col in ([3_m300], [3_m400],
              [6_m300], [6_m400],
              [1_m300], [1_m400])
) piv

See SQL Fiddle with Demo


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BEEN LOOKING AT THIS PRODUCT ,YOUR PRICE THE BEST ,GOT NEXT DAY "DID NOT EXPECT THAT SUPER COOL " MAKES FIT AND FINISH FOR CAR LOOKS GREAT, AND HANDLES AWSOME . THANKS VERY HAPPY .
The ride quality is amazing. Specs said about 1.9-1.7 inch drop but it dropped more than 2 inches and still managed to give a quality ride.
There's no arguing that your car is a thing of beauty. But, not only can your handling performance be amped up when your Audi S4 is lowered, your ride will look so hot you'll forget about picking up this year's SI swimsuit edition. You'll feel the difference on the road right away. When you've installed your S4 lowering kit, your car is going to hug the turns like it's painted to the pavement. Annoyances like accelerator squat and braking nose-dive fade from your memory. As you look through our Audi S4 lowering kits, don't forget that we back up everything we sell with our 1-year lower price guarantee.
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