View over both parts of the captial of Cyprus - with this 48h Guide I give you some personal tips on things to do in Nicosia!
The capital of Cyprus is the worlds last divided capital but one can feel the change coming. In this 48h Guide I'll show you the best things to do in Nicosia as well as cool bars, cafes and great restaurants which altogether make you feel like walking around a mediterranean version of Berlin.
Cyprus is a divided country – the southern part of the island is the free "greek" part, the northern part is an occupied area. While the south is internationally recognised and a member of the EU, the self-declared "Turkish Republic of Northern Cyprus" is recognised only by Turkey. Therefore a trip to Nicosia is also a very lively history lesson as it is the center of all the important historic events of the island until today with its division.
In the last few years the situation calmed down, the borders were opened and in 2015 the North and South relaunched reunification talks. Nicosia itself is a lively city with a lot of hip cafes, stores and restaurants. This is how it must have felt like back in the days when Berlin was at the same stage – but here you can experience it live. Now is the best time to pay a visit to Nicosia and check it out during this process of change. I'm focussing mostly on the free part of the city, find my recommendations for accommodation at the end of the article!
No worries, I don't want you to walk on top of the border and get yourself into trouble! Nicosia is a walled city with a unique star shape. Not only does it look pretty cool from above – its also fun to walk along the venetian walls and explore the remains of the old town.
I recommend starting your walk at the north-eastern end of the greek cypriot area and walk the walls clockwise to the north-western end. Don't forget to take a city map with you (from your Hotel / Tourist Info) – personally I love the green "Nicosia: free map for young travellers made by locals" as it comes with many descriptions and highlights the most important things to do in Nicosia.
The top spots to visit along the wall are the Famagusta gate (exhibitions are held regularly here), the freedom monument, the farmers market (Wednesday/Saturday), the town hall and the Paphos gate.
If there is one museum you should visit in Nicosia then its this. Unlike the other big museums the exhibition at the Leventis Museum is well thought through and takes you through the history of Nicosia and Cyprus. Even better: the entrance is completely free!
The museum is located on a side street at the beginning of the pedestrian area.
This is the perfect starting point to get to know the Cypriot cuisine (and yes: you usually have lunch here at 2pm). The Mattheos is a tiny restaurant next to the Faneromenis square and its church. The food on offer is very traditional homemade cuisine for reasonable prices.
Take a seat at the tables in the sun and order a selection of dishes with your friends. The staff is very friendly and the food is simple but very tasty. I recommend ordering a cypriot coffee afterwards (comparable to Turkish coffee).
After an extensive meal a walk is recommended, afterwards you should head to the Shakolas tower to enjoy a panoramic view over the city. Until recently this platform was the only chance to take a look at the northern part of the city.
Beside the view and the interactive displays you shouldn't miss the short film which is very well done (it's about the most important events in Cypriot history). Another insider tip if you want a free view is to head to the toilets: you can open the windows there and take some snapshots without reflecting windows (no, don't ask how I found out about that).
After a short break at the hotel or a nearby café you should continue your discovery by trying Loukoumades.
These deep fried dough balls are a traditional pastry in Cyprus – you can get them at Honey Tokens and be creative in matters of toppings. Delicious!
It's beer o'clock. As we are running late: how about 4 beers? This Microbrewery just opened and was founded by 4 brothers who learned the brewing craftsmanship in the Czech Republic (this is where the name comes from) and brought their knowledge back to their home country.
Good for Nicosia – good for you!
Right now they got 4 different brews on tap as well as one seasonal brew. My recommendation is to order the 4 pack to try all brews – especially when you are with friends this is the best way to find out which beer to order for your second round. Apart from the beer the location itself is worth a visit!
Even though you had your glass sandwiches already it is time for a proper dinner. The To Anamma is situated just a few steps aways from the brewery and awaits with some yummy barbecue food.
Once there you should head to the beautiful courtyard. Don't miss out on the great meat and the halloumi cheese as well as the fresh salads!
At the parallel street of the restaurant you'll find this trendy Bar. The right place to finish your first days with some good drinks and talks (and you can tell your friends back home you've been to the gym!).
I highly recommend the "Weiss President", a cocktail which has weissbier as it's base and therefore fits perfectly for todays evening!
After a long breakfast you'll be active – either by renting a bike or taking part in an guided bike tour. I recommend the first option to get to know the green side of Nicosia at your own pace.
For the tour into the green you should head to the Paphos Gate and afterwards in the direction of the Pedieos river. Once you reached the river you can cycle along the newly constructed paths along the river in southern direction through the parks of Nicosia.
Today we are at the restaurant slightly early. The Diosmos & Kanela also has great brunch options. The food is very good and offers a some contrast to the traditional cuisine. Though its pricey it is worth it.
Your post-lunch walk takes you through the eastern part of the old town with its numerous alleys and churches into north-eastern direction.
From the northern most section of the city wall in the southern part of the city you are heading west by walking along the "green line" (the name derives from the fact that a UN general drew the demarcation line with a green pencil onto a map of the city) until you get to the Ledras checkpoint (don't forget to take your passport).
During your walk you'll come to see a lot of Street Art, many antique shops but also workshops. You can also use the chance to see a glimpse of the buffer zone by looking through one of the many holes in the barriers – since 1974 the time is standing still in this area.
The hip coffeeshops in Nicosia open their doors a bit later. This one is like a mixture between a library and a huge living room…altogether a very cosy place to hang out.
The Weaving Mill is the place where the startup/freelance scene of Nicosia meets to do business or just to talk. If you are fancy a session of Pool Billiard you can use the table in the back…or you just grab a book, the selection is quite huge.
Another institution in matters of beer is this rustic pub just around the corner from the checkpoint at the Ledras street. The selection of beers is massiv, they also have 5 brews on tap.
If you are hesitating you can ask the very friendly barkeeper for some recommendations or go straight for their very good IPA.
I bet you are very hungry by now. Great! You are about to go to the most popular restaurant in town. Traditional, meaty Cypriot cuisine at its best. Prepare for a feast!
The Piatsa Gourounaki is the culinary closing note and very popular amongst locals. The staff is very friendly, the food is great and the prices are reasonable as well.
If someone would have told me that I'll find one of the worlds top 50 bars in Cyprus I would have thought it must be a joke. Indeed Nicosia is home to an international awarded bar: the Lost & Found has a wide selection of some very rad cocktails. The prices are more than reasonable – use it to try a few of their creations (stop whining, it's your last night anyway!).
The owners are passionate barkeepers who teamed up a few years ago to revive the bar scene of Cyprus: fresh ingredients, own creations from their "lab", several ice machines to create unique shapes and a wide selection of top notch spirits. I recommend ordering the "Arcade" or just having a chat with the barkeepers on what to order.
This seems like a decent final stop for a diverse journey, don't you think!?
The "Arcade" comes with fluffy cotton candy to add more sweetness to the drink at ones own discretion…and YES: this is a very manly drink!
Unlike the coastal areas of Cyprus the selection of Hotels is not as wide. Nevertheless I found a great place to stay with "The Sandstone" – a trendy, family owned B&B right in the pedestrian area. The English owner Max put a lot of energy and love into the design and decoration of this cozy place.
If you are a breakfast lover you won't want to leave due to the extensive buffet which is waiting for you each morning. I haven't seen something like that in a B&B before: fresh fruits from the farmers market, a wide selection of cold cuts, cereals, yoghurt, freshly squeezed orange juice and coffee/tea. Of course the WiFi is free of charge as are the recommendations and tips you will get from Max who knows the city very well.
It is no surprise that the Sandstone is amongst the most popular places to stay in Nicosia therefore it is often fully booked. If you are not lucky I can recommend the Centrum Hotel which is also very good located and offers decent rooms, only the breakfast is a bit disappointing but there are good coffee places and restaurants nearby (Diosmos & Kanela).
Find more options based on user reviews and ratings on the Nicosia overview page at Booking.
More cool things to do in Nicosia?
I created this travel guided based on my own experience with the help of some locals. Have you been and know of some more cool places to visit in Nicosia? Let us know in the comments below! Feel free to share this article with your friends or link to it from your website.
Disclaimer: My trip to Nicosia was made possible by Visit Nicosia who let me explore the city on my own. All opinions, recommendations and views are my own. This post contains Affiliate Links for services and products I'm using on my travels – therefore I can highly recommend using them. By using these links you won't pay any additional fees!
Thanks for the list. I'm from Cyprus but I haven't been back in about fifteen years. I can't wait to do everything on this list!


text:
Fundamental Technology Research LNG Propulsion System
Fundamental Technology Research>
LNG Propulsion System>
About LNG Propulsion System
The LNG Propulsion System, a new technology using liquid oxygen and liquefied natural gas
The "LNG propulsion system" is a new propellant system to gain thrust by burning liquid natural gas (LNG whose major content is liquid methane) and liquid oxygen in a rocket engine.
Its performance is at mid-level between a liquid hydrogen propulsion system and a solid rocket system, but it is characterized by many benefits such as the system can be smaller because LNG's concentration is higher than liquid oxygen. It can also be stored for a long time in space, and has good safety. Therefore, by combining with a liquid oxygen propulsion system, the LNG propulsion system can make it possible to construct a space transportation system that can freely cope with various space activities for the future
Characteristics of LNG Propulsion System
Liquid rocket engine
A liquid-fueled launch vehicle is propelled by burning liquid fuel mixed with oxidizer. The performance and character of a launch vehicle vary depending on the combination of the types of oxidizer and liquid fuel. Some typical examples of the combination are liquid oxygen/liquid hydrogen, liquid oxygen/kerosene, and dinitrogen tetroxide/hydrazine.
In the case of the second stage engine, the LE-5B-2, and the first stage engine, the LE-7A, for the H-IIA Launch Vehicle, liquid oxygen is used as an oxidizer, and liquid hydrogen for fuel ("Hydrogen propulsion system.") The advantages of the above combination are clean emission and a high performance. However, due to the lower density of hydrogen, more volume is required, thus a hydrogen tank becomes bulky.
Benefits of LNG propulsion system
The "LNG propulsion system", which uses a combination of liquid oxygen and liquid natural gas, has the following advantages despite lower performance.
It is less evaporable in space; therefore, it is suitable for a vehicle that travels to space for a prolonged period, such as an inter-orbit transporter and planetary probe.
Propellants are less expensive thus the launch cost can be reduced.
The possibility of an explosion is lower, hence it is safer.
Thanks to the high density, the propellant tank can be smaller; therefore it is suitable for a large-size launch vehicle such as a reusable transporter.
By taking advantage of the above merits, the LNG propulsion system has a potential to be applied for various projects including a first stage propellant system for a reusable transportation system, and an inter-orbit transporter and planetary probe that requires relatively low thrust for a moon and planetary exploration project.

redpajama_set_name: RedPajamaCommonCrawl


We have been doing a lot of work on our garden recently. We completely re designed the area, got rid of the old overgrown hedge and made a new decking area. It is a still work in process and I don't think you should half fast things.
So, it will probably take another few years for all my plants to grow to the size I want them to and no, not everything will get finish this summer. But this is what it looks like now.
I used Instagram to take these pictures and as you can see the right had corner is still looking very poor and bold.
So I planted some lovely perennials there that I got from Greenfingers.
These were on the offer.
I planted them last November and they are just coming out now. I will keep you posted on the progress.


The Enlisted Field Advisory Council continues to fight for the 91,000 enlisted Air National Guard across the U.S. and its territories. Their primary concerns are Airmen's benefits and ensuring they have the best experience while serving their country. EFAC recently met at March Air Reserve Base in California to discuss issues such as getting federal tuition assistance for all Air Guardsmen and bridging the Tricare-for-Life health insurance gap. They also invited members from the field to come to listen and provide input on issues that pertain to them. The council plans to meet again in August at Joint Base Andrews in Maryland, in conjunction with Focus on the Force week.


text:
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redpajama_set_name: RedPajamaGithub


text:
Q: iOS using pod install as Pre-action run script for building the project I added the Pods/* to the .gitignore, I have the Podfile.lock under the source control.
While creating a new branch, I have to run the pod install. As I don't have the pods installed for the new branch.
I tried adding the Pre-Action Run Script. The Pre-Action Run Script will do the following

*

*Move to the Project Directory

*Run the pod install.

I am able to see all the pods installed.
However if I try to build, XCode throws error saying that there is no such module in the source files.

redpajama_set_name: RedPajamaStackExchange


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chiminea with grill rack and stand life hack fire pit patio heater burner.
food dehydrator metal trays 5 tray stainless steel dehydrator with timer best food dehydrator with metal trays food dehydrator with stainless trays.


text:
Bryoscyphus Spooner – rodzaj grzybów z typu workowców (Ascomycota).

Systematyka i nazewnictwo
 Pozycja w klasyfikacji według Index Fungorum
Helotiaceae, Helotiales, Leotiomycetidae, Leotiomycetes, Pezizomycotina, Ascomycota, Fungi.

 Gatunki występujące w Polsce
 Bryoscyphus marchantiae (Fr.) Spooner 1984
Nazwy naukowe na podstawie Index Fungorum. Wykaz gatunków według M.A. Chmiel.

Przypisy

Tocznikowate

redpajama_set_name: RedPajamaWikipedia


text:
Соссуфлей () — солончак і сухе озеро оточене високими червоними дюнами, розташоване на глиняному плато у південній частині пустелі Наміб, у національному парку Наміб-Науклюфт у Намібії.

Географія

Назва «Соссуфлей» часто застосовується у розширеному значенні до навколишньої території (включаючи інші сусідні vlei, такі як Дедфлей та інші солончаки), що є одним з основних туристичних пам'яток Намібії.

Назва «Соссуфлей» («Sossusvlei») змішаного походження і може бути приблизно перекладена як «тупикові марші». Vlei — це слово з африкаанс для «марші», тоді як «sossus» — слово з мови Нама, що означає «без повернення» чи «тупик». Соссуфлей завдячує своїм іменем тому факту, що це безстічний басейн (тобто басейн річки без стоку) для ваді .

Клімат
Клімат Соссуфлей має савано-пустельний характер (BWh — жаркий аридний клімат). Середньорічна температура становить 24 °C. Взимку середні мінімальні показники вночі становлять близько 10 °C, тоді як влітку температура часто коливається близько 40 °C. Оскільки це пустеля, існує велика різниця температур між днем і ніччю. Взимку майже ніколи не випадає дощ.

Навколишнє середовище

Область Соссуфлей належить до більшого регіону південної Намібії з однорідними рисами (близько 32.000 км²), що простягається між річками Koichab і Кусейб. Вона характеризується високими піщаними дюнами яскравого рожево-оранжевого кольору, що є наслідком високого вмісту заліза у піску, і відповідних процесів окиснення. Найстарішими є дюни більш інтенсивного червоного кольору. Ці дюни одні з найвищих в світі. Багато які з них вище 200 метрів. Найвищою є дюна, яка називається Біг Дедді, вона близько 380 метрів заввишки.

Найвищі і найстабільніші дюни частково вкриті відносно багатою рослинністю, яка зволожується переважно підземними та ефемеральними річками, які сезонно затоплюють площину, створюючи марші, які серед місцевих відомі як vlei; коли сухо, ці площини виглядають майже білими за кольором, через високу концентрацію солі. Також важливим джерелом води для Соссуфлей є вологість, яку приносить щодня ранковий туман, що приходить в пустелю з Атлантичного океану.

Фауна Соссуфлей відносно багата. Вона переважно складається з дрібних тварин, які можуть виживати за умов малої кількості води, включаючи деяких членистоногих, дрібних плазунів і ссавців, таких як гризуни чи шакали; з більших тварин є антилопи (переважно орикси і спрингбоки) та страуси. Протягом сезону паводків, кілька видів мігруючих птахів з'являється вздовж маршів і річок. Більшість фауни Соссуфлею і Намібу ендемічна і високо пристосована до специфічних особливостей Намібу. Зокрема відомі жуки, такі як Onymacris unguicularis, що розробили спосіб збирання води з ранкових туманів через виступи на своїй спині.

Визначні місця

Сесрієм

Доступ до області Соссуфлей в Національному парку Наміб-Науклюфт відкривається воротами Сесрієм, які розташовані навколо однойменного каньйону. Від Сесрієм до Соссуфлей йде 60 км дорога з асфальтобетону.

Дюна Елім

Дюна Елім це найвища і відносно ізольована дюна, розташована на відстані 5 км після воріт Сесрієм, на відгалуженні від головної дороги, котра з'єднує Сесрієм та Соссуфлей. Дюна отримала свою назву від ферми, що колись була розташована тут до того, як був створений національний парк.

Дюна 45

Дюна 45 отримала свою назву через те, що вона знаходиться на відстані 45 км від Сесрієм по дорозі до Соссуфлей. Вона також відома як «дюна, яку фотографують найбільше в світі», тому що через її просту форму та близькість до дороги, відвідувачам зручно спинятися і фотографувати її. Вона 80 м заввишки і не дуже крута, тому на неї легко можна залізти.

Примітки

Озера Намібії
Пустеля Наміб
Солончаки


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and his patience in hope.
Psalms 130:5 my soul hath hoped in the Lord. Psalms 130:6 From the morning watch even until night, let Israel hope in the Lord.
He exhorteth Israel to hope in God.
Psalms 130:7 Because with the Lord there is mercy: and with him plentiful redemption. Psalms 130:8 And he shall redeem Israel from all his iniquities.


text:
Roger Federer Talks Jordans In Tennis On 'Sneaker Shopping'
blame it on Meka September 5, 2017
Roger Federer is one of the top tennis players in the world, and will go down as one of its best players in history. It also turns out, he's a giant sneakerhead, and even had a collaboration with Jordan Brand for one of his signature shoes.
Taking a slight left from the usual gamut of musicians, Federer is the latest to go Sneaker Shopping. While at Stadium Goods in Manhattan, he speaks on his love of shoes, his appreciation of Michael Jordan, sneakers making their way into tennis, wearing a pair of shoes during Wimbledon that nearly got him in trouble, working with Tinker Hatfield, and more.
Naturally, he spends over $5,000 during his trip, and jokes about how he now has to explain the purchases to his wife.
Roger Federer Talks Jordans In Tennis On 'Sneaker Shopping' was last modified: March 31st, 2018 by Meka
Tags:various
Kanye West Has Scrapped The Beats For Pusha T's Album Three Times To Perfect Them
The Cool Kids Debut Sketch Comedy Series, 'Sh*t Show'


text:
ACCEPTED

#### According to
Index Fungorum

#### Published in
Mycotaxon 92: 418 (2005)

#### Original name
Corynespora tectonae X.G. Zhang & Cheng K. Shi

### Remarks
null


text:
Occupational Health and Safety In Metallurgical Plants
John C. Bobbins, Head, Analytical Instrumentation Section, Scintrex Ltd., Concord, Ontario
A new technique for the determination of trace levels of uranium in solution has been developed. A compact laser emits short, but intense, ultraviolet pulses to excite the green fluorescence of a uranyl-complex formed by the addition of a proprietary reagent to the sample. Organic species present in most natural waters also fluoresce quite intensely, but their emission does not last appreciably longer than the excitation pulse, in contrast to the relatively long persistence of the uranyl fluorescence. Electronic 'gating' is employed to separate the long-lived contribution, rejecting substantially the organic emission. Results using the laser fluorescence method on many sets of natural waters of various origins have been compared against corresponding values generated by independent laboratories. Correlation has been generally good over a range from less than 0.1 to more than 100 ppb U. Solid samples have also been analyzed after extraction of the uranium into solution. Accuracies adequate for most exploration purposes have been achieved, but further work is required to determine effects of interferences in samples with complex matrices. The transport and deposition of uranium in natural waters is controlled by the organic and inorganic chemistry of the waters involved. It is suggested that interpretation of very low uranium levels will be aided by additional measurements of conductivity and organic content, with subsequent statistical treatment.
Keywords: Exploration, Geochemical exploration, Uranium exploration, Fluorescence, Laser fluorescence, Surface waters, Ground waters.


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text:
Title: Robert Flaherty
Subject: Documentary film, John Grierson, Silent film, Andrew Sarris, Cajun, Sound film, Belcher Islands, In the Land of the Head Hunters, Fred Zinnemann, 1934 in film
Robert Joseph Flaherty
(1884-02-16)February 16, 1884
Iron Mountain, Michigan, U.S.
July 23, 1951(1951-07-23) (aged 67)
Dummerston, Vermont, U.S.
Cerebral thrombosis
Frances Johnson Hubbard
Robert Joseph Flaherty, FRGS (/ˈflæərti/;[1] February 16, 1884 – July 23, 1951) was an American filmmaker who directed and produced the first commercially successful feature length documentary film, Nanook of the North (1922). The film made his reputation and nothing in his later life fully equaled its success, although he continued the development of this new genre of docufiction, e.g. with Moana (1926), set in the South Seas, and Man of Aran (1934), filmed in Ireland's Aran Islands.
He is a progenitor of docufiction and ethnographic film (ethnofiction).[2] Jean Rouch and John Collier Jr. would practice and theorise the genre as visual anthropology, a subfield of anthropology, in the 1960s.[3]
Flaherty was married to writer Frances H. Flaherty from 1914 until his death in 1951. Frances worked on several of her husband's films, and received an Academy Award nomination for Best Original Story for Louisiana Story (1948).
2 Nanook of the North
3 Hollywood
4 Britain
6 Last years
Flaherty was one of seven children born to prospector Robert Henry Flaherty (an Irish Protestant) and Susan Klockner (a German Roman Catholic); he was sent to Upper Canada College in Toronto for his education. Flaherty began his career as a prospector in the Hudson Bay region of Canada, working for a railroad company.
Flaherty wrote for the Geographical Review. In 1909 he shared stories about information he was told by an Inuit man, named Wetallok. Flaherty said he met Wetallok while visiting the Hudson Bay. Flaherty was visiting the area in search of iron ore. In his story, Flaherty published a detailed map of the Inuit region and shared information about the bay that Wetallok had told him. His writing about Wetallok would go on to be published in Flaherty's book, My Eskimo Friends: "Nanook of the North".[4]
Nanook of the North
In 1913, on his expedition to prospect the Belcher Islands, his boss, Sir William Mackenzie, suggested that he take a motion picture camera along. Flaherty brought with him a Bell and Howell hand cranked motion picture camera. He was particularly intrigued by the life of the Inuit people, and spent so much time filming them that he had begun to neglect his real work. When Flaherty returned to Toronto with 30,000 feet of film, the nitrate film stock was ignited in a fire started from his cigarette, in his editing room. His film was destroyed and he received burns on his hands. Although his editing print was saved and shown several times, Flaherty wasn't satisfied with the results. "It was utterly inept, simply a scene of this or that, no relation, no thread of story or continuity whatever, and it must have bored the audience to distraction. Certainly it bored me."[5]
Flaherty was determined to make a new film, one following a life of a typical Inuit and his family. In 1920, Flaherty secured funds from Revillon Frères, a French fur trade company to shoot what was to become Nanook of the North.[6] On the 15th of August, 1920 Flaherty arrived in Port Harrison, Quebec to shoot his film. With him he took two Akeley motion-picture cameras which the Inuit referred to as "the aggie".[7] Flaherty also brought full developing, printing and projection equipment to show the Inuit his film, while he was still in the process of filming. Flaherty lived in an attached cabin to the Revillon Frères trading post.
In making Nanook, Flaherty cast various locals in parts in the film, in the way that one would cast actors in a work of fiction. With the aim of showing traditional Inuit life, Flaherty also staged some scenes, including the ending, where Allakariallak (who acts the part of Nanook) and his screen family were supposedly at risk of dying if they could not find or build shelter quickly enough. The half-igloo had been built beforehand, with a side cut away for light so that Flaherty's camera could get a good shot. Additionally, Flaherty insisted that the Inuit not use rifles to hunt, though their use had by that time become common. He also pretended at one point that he could not hear the hunters' pleas for help, instead continuing to film their struggle and putting them in greater danger. [8]
Melanie McGrath, a writer, writes that, while living in Northern Quebec for the year of filming Nanook, Flaherty had an affair with his lead actress, the young Inuit woman who played Nanook's wife. A few months after he left, she gave birth to his son, Josephie, whom he never acknowledged. Josephie was one of the Inuit who were relocated in the 1950s to very difficult living conditions in Resolute and Grise Fiord, in the extreme North (see High Arctic relocation). According to McGrath, Flaherty knew of his son's difficulties, but took no action.[9] Corroboration of McGrath's account is not readily available and Flaherty himself never discussed the matter.
Nanook of the North (1922) was a successful film, and Flaherty was in great demand afterwards. On a contract with Paramount to produce another film on the order of Nanook, Flaherty went to Samoa to film Moana (1926). Flaherty shot Moana in Safune on the island of Savai'i where he lived with his wife and family for more than a year. The studio heads repeatedly asked for daily rushes but Flaherty had nothing to show because he had not filmed anything yet — his approach was to try to live with the community, becoming familiar with their way of life before building a story around it to film. Flaherty was also concerned that there was no inherent conflict in the islanders' way of life, providing further incentive not to shoot anything. Eventually he decided to build the film around the ritual of a boy's entry to manhood. Flaherty was in Samoa from April 1923 until December 1924, with the film completed in December 1925 and released the following month. The film, on its release, was not as successful as Nanook of the North domestically, but it did very well in Europe, inspiring John Grierson to coin the word "documentary."
Before the release of Moana, Flaherty made two short films in New York City with private backing, The Pottery Maker (1925) and The Twenty-Four Dollar Island (1927). Irving Thalberg of M-G-M invited Flaherty to film White Shadows in the South Seas (1928) in collaboration with W. S. Van Dyke, but their talents proved an uncomfortable fit, and Flaherty resigned from the production. Moving to Fox, Flaherty spent eight months working on the Native American documentary Acoma the Sky City (1929) but the production was shut down, and subsequently Flaherty's footage was lost in a studio vault fire. Flaherty then agreed to collaborate with F. W. Murnau on another South Seas picture, Tabu, but this combination proved even more volatile, and while Flaherty did contribute significantly to the story, the finished film is essentially Murnau's.
After Tabu, Flaherty was considered finished in Hollywood, and Frances Flaherty contacted John Grierson of the Empire Marketing Board Film Unit in London, who assigned Flaherty to the documentary Industrial Britain (1931). By comparison to Grierson and his unit, Flaherty's habitual working methods involved shooting relatively large amounts of film in relation to the planned length of the eventual finished movie, and the ensuing cost overruns obliged Grierson to take Flaherty off the project, which was edited by other hands into three shorter films.
Flaherty's career in Britain ended when producer Alexander Korda removed him from the production Elephant Boy (1937), re-editing it into a commercial entertainment picture.
Producer Michael Balcon took Flaherty on to direct Man of Aran (1934), which portrayed the harsh traditional lifestyle of the occupants of the isolated Aran Islands off the west coast of Ireland. Man of Aran was a major critical success, and for decades was considered in some circles an even greater achievement than Nanook. As with Nanook, Man of Aran showed human beings' efforts to survive under extreme conditions: in this case, an island whose soils were so thin that the inhabitants carried seaweed up from the sea to construct fields for cultivation. As with Nanook, too, Flaherty cast locals in the various fictionalized roles, and made use of dramatic recreation of anachronistic behaviors: in this case, a sequence showing the hunting of sharks from small boats with harpoons, which the islanders had by then not practiced for several decades. He also staged the film's climactic sequence, in which three men in a small boat strive to row back to shore through perilously high, rock-infested seas.
Last years
Back in the United States, Pare Lorentz of the United States Film Service hired Flaherty to film a documentary about US agriculture: a project which became The Land. Flaherty and his wife covered some 100,000 miles, shooting 25,000 feet of film, and captured a series of striking images of rural America. Among the themes raised by Flaherty's footage were the challenge of the erosion of agricultural land and the Dust Bowl (as well as the beginning of effective responses via improved soil conservation practices), mechanization and rural unemployment, and large-scale migration from the Great Plains to California. In the latter context, Flaherty highlighted competition for agricultural jobs between native-born Americans and migrants from Mexico and the Philippines.
The film encountered a series of obstacles. After production had begun, Congress abolished the United States Film Service, and the project was shunted to the US Department of Agriculture (USDA). With US entry to World War 2 approaching, USDA officials (and the film's editor Helen van Dongen) attempted to reconcile Flaherty's footage with rapidly changing official messages (including a reversal of concern from pre-war rural unemployment to wartime labor shortages). Following the attack on Pearl Harbor, officials grew apprehensive that the film could project an unduly negative image of the US internationally, and although a prestige opening was held at the Museum of Modern Art in 1942, the film was never authorized for general release.[10]
Louisiana Story (1948) was a Flaherty documentary shot by himself and Richard Leacock, this one about the installation of an oil rig in a Louisiana swamp. The film stresses the oil rig's peaceful and unproblematic coexistence with the surrounding environment, and was in fact funded by Standard Oil, a petroleum company. The main character of the film is a Cajun boy. The poetry of childhood and nature, some critics would argue, is used to make the exploration of oil look beautiful. Virgil Thomson composed the music for the film.
Flaherty was one of the Directors of The Titan: Story of Michelangelo (1950), which won an Academy Award for documentary feature. The film was a re-edited version of the German/Swiss film of 1938 originally titled Michelangelo: Life of a Titan, directed by Curt Oertel. The re-edited version put a new English narration by Frederic March and musical score onto a shorter edit of the existing film. The new credits include Flaherty, Oertel and Richard Lyford as Directors and Ralph Alswang, Flaherty and Robert Snyder as Producers. The film was edited by Richard Lyford.[11]
Flaherty is considered a pioneer of documentary film. He was one of the first to combine documentary subjects with a fiction-film-like narrative and poetic treatment.
Flaherty Island, one of the Belcher Islands in Hudson Bay, is named in his honor.
The Flaherty Seminar is an annual international forum for independent filmmakers and film-lovers, held in rural upstate New York. The festival was founded in Flaherty's honor by his widow in 1955.[12]
Flaherty's contribution to the advent of the documentary is scrutinised in the 2010 The film's title derives from Flaherty's own statement that he had been accused, in the staged climactic sequence of Man of Aran, of "trying to drown a boatload of wild Irishmen".
Nanook of the North (1922)
The Pottery Maker (1925)
Moana (1926)
The Twenty-four Dollar Island (1927) short documentary of New York City
White Shadows in the South Seas (1928)
Acoma the Sky City (1929; unfinished)
Tabu (1931) co-wrote with F. W. Murnau
Industrial Britain (1931)
Man of Aran (1934)
Elephant Boy (1937)
The Land (1942) 45-minute documentary made for the U.S. Department of Agriculture
Louisiana Story (1948)
The Titan: Story of Michelangelo (1950)
BAFTA presents the Robert J. Flaherty Award for best one-off documentary.[14]
Academy Award Oscar - Best Documentary Feature 1950 - The Titan: Story of Michelangelo[15]
1913, Fellow, Royal Geographical Society[16]
Ethnofiction
Ó Flaithbertaigh
Frances H. Flaherty, The Odyssey of a Filmmaker: Robert Flaherty's Story (Urbana, IL: Beta Phi Mu, 1960). Beta Phi Mu chapbook no. 4
Calder-Marshall, Arthur, The Innocent Eye; The Life of Robert J. Flaherty. Based on research material by Paul Rotha and Basil Wright (New York: Harcourt, Brace & World, 1966)
Murphy, William Thomas, Robert Flaherty: A Guide to References and Resources (Boston: G. K. Hall and Company, 1978)
Paul Rotha, Flaherty: A Biography (University of Pennsylvania Press, 1984)
Barsam, Richard, The Vision of Robert Flaherty: The Artist As Myth and Filmmaker (Bloomington, IN: Indiana University Press, 1988)
Christopher, Robert J., Robert & Frances Flaherty: A Documentary Life 1883-1922 (Montreal: McGill-Queen's University Press, 2005)
McGrath, Melanie, The Long Exile: A Tale of Inuit Betrayal and Survival in the High Arctic. ISBN 0-00-715796-7 (London: Fourth Estate, 2006). ISBN 1-4000-4047-7 (New York: Random House, 2007). The story of forced removal of Inuit peoples in Canada in 1953, including Flaherty's illegitimate Inuit son Josephie.
Senses of Cinema: Great Directors Critical Database
Robert Flaherty Film Seminar
Hand drawn map by an Inuk man named Wetalltok given to Flaherty in 1919
Literature on Robert J. Flaherty
Robert Flaherty by Amos Vogel
Films directed by Robert J. Flaherty
The Twenty-four Dollar Island (1927)
The Land (1942)
Name Flaherty, Robert J.
Date of birth February 16, 1884
Place of birth Iron Mountain, Michigan, U.S.
Date of death July 23, 1951
Place of death Dummerston, Vermont, U.S.
Dvd, Dziga Vertov, Joris Ivens, Bali, Animation
Basil Wright, Alberto Cavalcanti, Propaganda, Stuart Legg, Psychology
Charlie Chaplin, D. W. Griffith, The Birth of a Nation, Animation, The Jazz Singer
Andrew Sarris
Authority control, Billy Wilder, Queens, Buster Keaton, Orson Welles
Louisiana, French language, Acadia, Nova Scotia, Quebec


Last week's sermon from First Pres, Boonville.
The text is John 9:1-41.
One of the most annoying things about Jesus is that, when you ask him a question, you almost never get the kind of answer you expected. He has this way of turning questions on their head. His response tends to shed more light on the person asking the question than it does on the issue at hand. Such is the case in today's gospel reading.
This question is especially troubling to those of us who believe in God. People have come up with all kinds of theories that try to find an answer. Some suggest that God is loving but not almighty. In other words, God cares about suffering but cannot do anything about it. Others say that God is almighty but not loving. God could solve the world's problems but just doesn't care. Finally, some suggest that God is both loving and almighty, but that all suffering is merely an illusion or a misunderstanding on our part.
Even though they had their own pet theory to explain why this person was suffering, it didn't answer all their questions. In fact, their pet theory left them with quite a dilemma. You see, the man in question had been blind from birth. There was no way he could have violated Jewish law before the onset of his blindness. Therefore, God was either punishing this person for someone else's sin or God was punishing this person for a sin that had not yet been committed. Either way, God comes across as unfair.
What does that mean? It means that Jesus is trying to shift their attention. He's saying, if you really want to look for God in the midst of these tragic situations, don't waste your time looking at the cause of the pain; look instead at the response to the pain. The most important thing, to Jesus, is that we be doing God's work. And what's the very next thing he does? The text says, "he spat on the ground and made mud with the saliva and spread the mud on the man's eyes". In other words: Jesus got his hands dirty. While other people were standing around and arguing about philosophy, Jesus was busy healing those who hurt most.
But the scene doesn't stop there. The recently-healed blind man quickly became the center of controversy in Jerusalem. This time, the debate was all about whether Jesus had the proper credentials to work such a miracle. Witnesses were called while scholars debated back and forth about the issue. All the while, the healed person is stuck in the middle. He doesn't have any answers. He was probably still using his brand new eyes to figure out the difference between red and blue. When they push him, he says, "I do not know whether [Jesus] is a sinner. One thing I do know, that though I was blind, now I see." He stays true to his experience and simply tells the world what happened to him.
Eventually, it becomes pretty clear to this guy that he is simply a pawn being used in someone else's religious and political agenda. What I like best about this guy is his moxy (chutzpah). Once he realizes what's going on, he's not content to play his part and go home. No, he stands up and gives them a piece of his mind. In more ways than one, his eyes were open. Better than anyone else in the room, this "ex-blind man" was seeing things clearly. So he stands up to this room full of rabbis and tells them off!
So, there he was. His situation seemed hopeless. For years, he had been excluded from the life of his community because of his disability. Now, he was kicked out and called a heretic. What was he supposed to do now? He probably felt further away from God than ever before.
I love that Jesus decides to show up again at this point in the story. It says, "Jesus heard that they had driven him out, and… found him". Then Jesus affirms what the blind man had suspected all along: that he could "see" better than any of those rabbis and scholars. In spite of their educated debate over this controversy, they had completely missed the point about what Jesus was doing. But this blind man got it, and Jesus wanted to make sure that he knew it. Jesus said, "I came into this world… so that those who do not see may see, and those who do see may become blind." Once again, Jesus makes sure that those who fall through the cracks of controversy and debate find their honored place in heaven's economy. The pawns become the kings. The victims become the heroes. Jesus shows us that these suffering and forgotten people are the ones who matter most to God.
For the past month or so, the world has been watching in horror at the multiple disasters that have befallen the country of Japan. As if earthquake and tsunami weren't enough, people are now facing the perils of radiation and nuclear meltdown. The death toll has almost reached 12,000.
It's easy to stand at a distance and pass judgment on an entire nation. It's harder to do as Jesus did: to get our hands dirty in the business of healing. Our controversial issues and philosophical debates keep us at arm's length from the suffering of our fellow human beings. But Jesus goes out to meet these forgotten and suffering ones right where they are.
Thankfully, there are those who are doing just as Jesus did in the midst of this tragedy. Earlier this week, I received an email from friends of my family in Japan. It's a statement made by an American living in Tokyo who is not a Christian. He works in the Tokyo office of Goldman-Sachs.
The response to the earthquake by many of the westerners here in Japan has been to head straight to the airport and get out of the country.
The Christian missionaries here have done just the opposite; they collect relief supplies and go straight to the disaster area to help out.
It is truly amazing what they have accomplished.
They collect supplies through donations from local citizens and international aid associations.
Then they get trucks, road permits and take the supplies to the 400,000 people who have lost their homes to the earthquake, tsunami and evacuations from the exclusion zone around the nuclear reactors.
Churches in the affected region are often used as distribution points.
Some of these churches have been damaged by the earthquake, and some are even without electricity.
This has been a 24/7 job for many of my missionary friends, but I have not heard a complaint from even one of them.
If someone were to ask me where I think God is in the midst of the Japanese tragedy, I would read them this letter.
When we go looking for God in the midst of suffering, whether it's our own pain or the tragedy of an entire nation, let's not get lost in philosophical debate over the causes. Rather, let's follow Jesus and get our hands dirty in the work of healing. That's where we'll find God in all of this.
I had to go back and find this post when I was talking online with some friends today about the tornado damage in our area… Thanks again J!


I finally got to catch a live ZED show at Victory Lounge in Seattle on July 20th, and they did not disappoint! Had a great time hanging with the guys, and actually caught myself playing 'air drums' during The River. The venue was small, but the band was well received by those who stayed late enough to catch the show (there were 2 supporting acts, Trashcan Wizard and Greenriver Thrillers).
The true test of any band is the ability to deliver in a live setting – and I am here to tell you that ZED is the real deal! I can't wait until the next time they're in town. If you get a chance to see ZED perform live, don't miss it!
Before the show, the guys presented me with a surprise gift — a framed and signed limited edition copy of Desperation Blues on gold vinyl! Flattered, and stoked!!! Thanks guys!!!


text:
Robert Pentland (February 7, 1908 – June 5, 1975) was an American Democratic politician who served in the Missouri General Assembly.  He served in the Missouri Senate between 1949 and 1969.

Born in Bowhill, Scotland, he was educated in the public schools of Benld, Illinois.  On April 25, 1935, Pentland married Irma Seaman of Chicago, Illinois, in St. Louis, Missouri.  He has also worked as a coal miner, a grocery clerk, a warehouseman, a representative for the Teamsters Union.  He served two years with the 5th Marine Division during World War II.

References

External links
 The Political Graveyard: Index to Politicians, Pennino to Perkel
 Robert Pentland, Find a Grave

1908 births
1975 deaths
20th-century American politicians
Democratic Party Missouri state senators
British emigrants to the United States


Yay – new adventure time.
I don't know if this is an old role-playing wives tale, urban legend, or it happened to a friend of a friend of mine.. but this page is closely related to an anecdote about a guy that was bitching about having to play a cleric, even though the party truly needed one. After forcing the DM's hand into letting him role a fighter, the DM made him roll a bunch of checks, and then to look at the fireplace – which promptly ate him.
Again, this MIGHT have happened to a friend of a friend of mine, then again it might be a legendary 'Gazebo' style story.
Either way, its an homage to a story.


text:
Bitcoin price breaks $52,000 for the first time since May as El Salvador officially adopts BTC
Shiraz Jagati
Posted: 7 September 2021 2:20 am
The last month has seen the crypto market rally massively, with Bitcoin locking up profits of around 18% during this period.
The El Salvadoran government recently revealed that it had made its first official crypto purchase worth 200 Bitcoin (BTC).
The World Bank and IMF continue to warn El Salvador about the negative repercussions of legalizing BTC.
Bitcoin's ongoing rally has helped spur the value of many popular altcoins — such as Bitcoin Cash, Litecoin, and Stellar — in a big way.
Bitcoin, the largest cryptocurrency in the world, is once again on its way up after cleanly breaking through the all-important $50K resistance mark. Over the last week, the flagship crypto has continued to showcase gains of 12%. At press time, BTC is trading at a price point of $50,644.
Cryptocurrency analyst Michaël van de Poppe highlighted that even though there are many support level targets for the digital asset to hold on to, there is no doubt that $47K may be the level to watch out for. He added:
"$47,000 remains to be the last low, so that is the one that you should be staying above if you want to avoid any breakdown, but we do see that we break about $50,000, so the previous resistance here is the level that you want to sustain."
Poppe believes that if BTC can sustain its current levels, there is a high probability that the currency could continue to hold steady or start moving towards its all-time high levels that were achieved earlier this year in April.
El Salvador makes its first major BTC purchase
After it came to light that El Salvador had pushed forth a senate bill allowing BTC to be used as legal tender, the country's president Nayib Bukele announced yesterday that the South American nation had made its first official Bitcoin purchase — which is reportedly around 200 BTC. "Our brokers will be buying a lot more as the deadline approaches," President Bukele added.
This first purchase comes as part of a larger BTC fund pool — worth $147 million approximately — that the El Salvador government had set aside for its future crypto investment plans. The move generated a fair bit of backlash from the World Bank and the International Monetary Fund. Both agencies warned Bukele that the monetary transition could have a major, irrevocable impact on the financial situation of many locals, especially retirees.
As the bull market continues to forge on — with the combined market cap of the crypto sector currently standing at $2.4 trillion — it appears as though several altcoins may stand to benefit immensely if BTC can continue its upward ascent.
Ever since Bitcoin made its jump to $50K, prominent altcoins such as Litecoin, Stellar, and Bitcoin Cash have recorded gains over 30% each. Thus, it will be interesting to see how the market's future plays out from here.
Interested in cryptocurrency? Learn more about the basics with our beginner's guide to Bitcoin, dive deeper by learning about Ethereum and see what blockchain can do with our simple guide to DeFi.
Sign up for key cryptocurrency news delivered to your inbox weekly.
Disclosure: The author owns a range of cryptocurrencies at the time of writing


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text:
Cambodia's banned opposition party calls for boycott of 'sham' election
Supporters of the Cambodian People's Party rally on July 22, 2018, in Phnom Penh.
(Tang Chhin Sothy / AFP/Getty Images)
By Holly Robertson
July 26, 2018 3 AM PT
Reporting from PHNOM PENH, Cambodia —
There may be 20 political parties competing in Cambodia's general elections Sunday, but for opposition supporters such as Sin Chan Pov Rozeth, there really is no choice at all.
Rozeth, a former rising star in local politics who now runs a noodle shop in Battambang province, is preparing to heed a call from exiled opposition leaders to boycott the vote, which has been described as "undemocratic" and a "sham" by critics.
"It is my right to go to vote, but when there is no party that I love, I don't necessarily need to go," she says. "I'd prefer to stay home."
Opposition leader Kem Sokha was jailed late last year after being accused of plotting with the U.S. to topple the Cambodian government, and his Cambodia National Rescue Party was dissolved by a court controlled by allies of Hun Sen, the country's authoritarian prime minister.
The government crackdown, which also silenced independent media and was strongly criticized by human rights groups, prompted dozens of National Rescue Party lawmakers to flee abroad, in effect crushing Cambodia's increasingly popular opposition movement.
With most senior opposition figures now banned from politics for five years and no realistic prospect of minor parties mounting a serious challenge, the ruling Cambodian People's Party appears set to secure an easy victory in the national balloting.
Yet it seems that extending Hun Sen's 33 years in office — he is one of the world's longest-serving leaders — may not be enough. In response to the boycott calls, the Cambodia People's Party has repeatedly warned that it is "illegal" to not vote, even though voting is not compulsory. That warning means voter turnout will probably be seen as a barometer of the party's legitimacy.
Cambodian Prime Minister Hun Sen speaks during a ceremony at the National Olympic Stadium in Phnom Penh on July 15, 2018.
Amid a climate of fear that has swept the country, outspoken National Rescue Party loyalists who are supporting the "clean finger" campaign — a reference to the purple ink used to stain the index finger of those who cast a ballot — are finding themselves under pressure.
Rozeth says she is regularly harassed at her noodle shop by men on motorbikes who yell at her. "I'm so used to it now," she says. And several other activists in Battambang are facing incitement charges after posting photographs on Facebook showing their inkless index fingers raised proudly.
Sam Rainsy, who resigned as a National Rescue Party leader under government pressure in early 2017 before going into exile, said in a call from Paris that supporters who are scared to boycott the vote could still show up at the polls and simply deface their ballots so they couldn't be counted.
"I think the consequences would be very bad if we endorse a fake election by taking part in [it] — you just legitimize an illegitimate election, an illegitimate leadership," Rainsy said, deriding the minor parties – most of which were created in the months before the election – as creating an "illusion of competition.
"When we were dissolved, the voice of half the electorate was suppressed. We cannot participate in a farce."
During the election campaign, which began July 7 and ends Friday, only the Cambodian People's Party has been able to draw sizable crowds at political rallies, with well-organized but subdued processions of tuk- tuks (three-wheeled motorized rickshaws) and motorbikes winding through the streets of Phnom Penh. Many participants, though, said they were paid to participate.
Cambodian police force stand in formation during an inspection ceremony at the National Olympic Stadium in Phnom Penh on July 25, 2018, in preparation for the general elections.
Hun Sen, a former Khmer Rouge commander who defected to Vietnam in 1977, is seen by many followers as a strong leader who helped bring down the murderous regime in 1979 and is credited with shepherding in an era of rapid growth and development. In speeches, he often warns that Cambodia would backslide into war and chaos without his guiding hand.
"The party liberated me from the Pol Pot regime," said Chum Sarin, 62, at a rally in Phnom Penh last weekend. "I want Hun Sen to lead the country forever and I will support him until he dies."
The international community is less impressed, however. Rhona Smith, the United Nations special rapporteur on human rights in Cambodia, said voter intimidation in the lead-up to the elections had created "a climate of fear and confusion."
The U.S. and European Union have pulled election funding and did not send observers to monitor the vote. Reuters reported Wednesday that Japan, another major donor that did offer financial support for the vote, decided to not send observers.
Instead, observers will come from 52 other organizations and countries including China, Myanmar and Indonesia, according to the National Election Committee. Some contend that oversight from such countries will carry little weight.
Lee Morgenbesser, an academic at Australia's Griffith University who studies authoritarian regimes, said that some of the organizations listed, including the Shanghai Cooperation Organization and the International Conference of Asian Political Parties, are "shadow" observer groups whose role is only to make it appear that the elections are competitive and fraud-free.
In a WhatsApp message, Cambodia People's Party spokesman Sous Yara defended the election observers as independent and said their assessment should be trusted rather than those of "a small number of traditionally negative thinkers toward Cambodia and our people."
Still, in a country rife with corruption and increasing inequality, many Cambodians say they are holding out for political change.
"Now, the weak and the poor always lose and the rich and the strong always win," said 48-year-old Rescue Party supporter Vor Kimsum, who attended the CPP rally last weekend on the promise of cash. "I want that to change. I want justice."
Holly Robertson is a special correspondent.


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text:
ATO still suffering effects of December hardware crash
ATO still suffering effects of December hardware crash Featured
By	Sam Varghese
The Australian Taxation Office is yet to recover from the effects of a hardware crash in December, with the organisation continuing to face issues with system stability.
The malfunctioning of hardware supplied by Hewlett Packard Enterprise dates back to the second weekend of December 2016.
On Thursday, the ATO put out a media release at 11am AEDT, stating: "The ATO is experiencing issues relating to the hardware faults that occurred in December.
"We are replacing the affected hardware, but this process will take some time. Unfortunately, these issues are impacting services including the Tax Agent, Business and BAS Portals, ATO online, the Australian Business Register (ABR), Standard Business Reporting (SBR), and Superannuation online services.
"Our website ato.gov.au is online for you to access tax and super information but you may find you're unable to access certain tools, calculators and our online services.
"No taxpayer information has been lost or compromised and all available resources are working to resolve this as a priority.
"We apologise for any inconvenience taxpayers have experienced."
A later release, issued at 4.30pm, said: "Unfortunately we are continuing to experience issues with the systems impacted by this morning's outage. These systems will not be available today.
"We are working to resolve these issues as a priority, and will continue to keep the community informed of our progress."
At the time of the December problems, the ATO was said to be trying to recover about one petabyte of unspecified data that had been affected by the crash.
Last month, the ATO said that it had commissioned Price Waterhouse Coopers to undertake a review into the system outage. It said PWC was given the job because of its expertise with ICT storage that was at the centre of the incident.
Published in Hardware
Sam Varghese
Sam Varghese has been writing for iTWire since 2006, a year after the site came into existence. For nearly a decade thereafter, he wrote mostly about free and open source software, based on his own use of this genre of software. Since May 2016, he has been writing across many areas of technology. He has been a journalist for nearly 40 years in India (Indian Express and Deccan Herald), the UAE (Khaleej Times) and Australia (Daily Commercial News (now defunct) and The Age). His personal blog is titled Irregular Expression.
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Advertising / Beer / Brewing / Craft Beer / Distilled Spirits / Distillery / Distilling / Distribution / Opinions / Regulations / Retailers / Sales / Statutes / Suits / Vineyard / Wholesalers / Wine / Winemaking
Authorities alleging "of value" violations over pricing discounts still need to show discount threatens retailer independence and risks "tied-house" integration
You may want to think twice before just accepting a regulator's assertion that a pricing program violates an "of-value" statute. Consider, for instance, the Illinois Supreme Court case of Sharpenter v. Illinois Liquor Control Commission, 119 Ill.2d 169 518 N.E.2d 128 (1987).
In Sharpenter, a beer distributor brought suit challenging an Illinois Liquor Control Commission finding that the practice of offering different discounts to retailers depending on the type of sales they made (on-premise or off-premise sales) and not uniformly based on volume purchased, violated the "of value" statutory provisions of the Illinois LIquor Control Act.
The preferential discount system the distributor applied gave off-premise retailers larger and more frequent pricing discounts than on-premise retailers. The off-premise retailers only received the discounts if they agreed to both purchase a minimum quantity of beer and engage in "good faith" promotional efforts (newspaper advertising, in-store advertising, generally emphasizing the discounted items).
Off-premise retailers received the greater discounts because they passed them on to consumers as they compete in a price-sensitive market and as such, discounts from the manufacturer result in greater sales. So the distributor sees a substantial increase in sales volumes by offering the discounts to off-premise retailers.
But where grocery stores and liquor stores that sell beer to go pass those discounts through to purchasers, bars and restaurants and other on-premise accounts rarely pass them along to patrons as their sales and business are not as price-sensitive. The on-premise account's failure to reduce the price or promote the discount means an attendant increase in sales volumes does not occur.
Some of the on-premise retailers brought a claim with the Commission and the Illinois Liquor Control Commission charged that the provision of these discounts at different levels to differently situated sales accounts offended Section 6-5 of the Act prohibition on manufacturers or distributors offering things "of value" to retailers:
Except as provided below, it is unlawful for any manufacturer or distributor or importing distributor to give or lend money or anything of value, or otherwise loan or extend credit (except such merchandising credit) directly or indirectly to any retail licensee or to the manager, representative, agent, officer or director of such licensee.
235 ILCS 5/6-5
The Illinois Supreme Court disagreed.
In holding the Commission's ruling was incorrect, the Court looked to the purpose of the "of value" statute. Finding that "Section 6-5 was intended to remedy a competitive abuse in the beer industry referred to as the 'tied house.' By the granting of gifts and loaning of money to retailers, distributors could effectively 'tie' themselves to retailers to the point of excluding all competitors. This form of vertical integration between beer distributing and retailing allowed the distributor to exercise almost complete control over the retailers. 'The interest of a particular brewery in promoting its product in a given area went to the point of determining location, asserting control over the licensee, and, through the power of credit and the use of equipment, it was, in fact, in the practical retail sale of beer.' ( Weisberg v. Taylor (1951), 409 Ill. 384, 390.) Tied houses became associated with such evils as political corruption, intemperance and the irresponsible ownership of taverns … and the legislature therefore sought to prohibit the gifts and loans which made them possible. 'The evils of the 'tied house' have long been recognized and most, if not all, of the States, including our own, have prohibited the furnishing by manufacturers or distributors of buildings, bars, equipment, or loans of money to a retailer.' Id."
The Court went on to note that the statute did not prohibit price discrimination. "While price discrimination in this context may not necessarily be desirable, section 6-5 simply does not proscribe it." The Court also noted that the Commission and the aggrieved retailers certainly were not arguing that volume discounts should be proscribed "even though such discounts are discriminatory in the sense that they disfavor retailers unable to purchase in large quantity."
The Court also cited a federal case, National Distributing Co. v. United States Treasury Dept., 626 F.2d 997 (D.C. Cir. 1980) that came to a similar conclusion and which, like Sharpenter, has been cited by various other cases for a similar proposition. In "National, a wine distributor, had sold wine at below its own cost to retail outlets throughout a particular county. The Bureau of Alcohol, Tobacco and Firearms argued that below-cost sales, without justification, constituted the furnishing of a "thing of value" as the difference between what the distributor paid and the price it was sold to the retailer. After thoroughly reviewing the legislative history, the court concluded that the "giving …[of] other thing [sic] of value, 27 U.S.C. § 205(b)(3), when read in the context of the statute as a whole, does not prohibit below-cost pricing….The court reasoned that "[i]n the absence of any indication that National's price cut had the purpose or effect of gaining control over retail outlets in Leon County, we doubt whether the Act can have any application." 626 F.2d 997, 1004. … [T]he court was … referring to price discriminations and conditions which were instituted for the purpose of, or had the effect of, obtaining control over retail outlets. The court stated that '[p]rice cuts are prohibited by the Act only when they are coupled with an agreement or understanding that a retailer will buy other products of the wholesaler or producer to the exclusion of competitors, or when they lead to domination and control of a retail outlet by the wholesaler or producer.' As such, National cannot be read as authority for the proposition that preferential discount policies which are enacted, as here, solely in order to increase sales, constitute the giving of a thing of value."
As more proof that a rule of analysis about the end effect of the activity guides the "of value" analysis, the Illinois Supreme Court declined to make a bright line rule about pricing practices out of this case. The Court went so far as to say that there may be pricing practices (those in which the distributor offers a preferential discount "to gain control over the avantaged retailers", or one in which a distributor granted discounts to impermissibly influence a retailer, or one where the pricing arrangement was subterfuge in disguising a grant of financial assistance) that would merit finding a pricing discount program amounted to an "of value" violation.
The Takeaway: Challenging an asserted "of value" violation as failing to threaten retailer independence may be worth the effort as many regulations declaring certain practices "of value" violations were adopted in the same fashion that most statutes were… back when people just assumed their cultural "understandings" or "just so stories" about the resulting evils of an activity would lead to a certain result. These assumptions and conclusions were drawn without evidence and without economic study or proof. Those looking to hire experts to show that the underlying conclusions and foundations are mistaken may find that they have winning cases against blanket prohibitions laid down by regulators decades ago and still enforced by them today.
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