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What Happens in the Brain When We Imagine the Future?
Date: May 27, 2021Author: breathwork-science 0 Comments
Source: University of Pennsylvania
In quiet moments, the brain likes to wander—to the events of tomorrow, an unpaid bill, an upcoming vacation.
Despite little external stimulation in these instances, a part of the brain called the default mode network (DMN) is hard at work. "These regions seem to be active when people aren't asked to do anything in particular, as opposed to being asked to do something cognitively," says Penn neuroscientist Joseph Kable.
Though the field has long suspected that this neural network plays a role in imagining the future, precisely how it works hadn't been fully understood. Now, research from Kable and two former graduate students in his lab, Trishala Parthasarathi, associate director of scientific services at OrtleyBio, and Sangil Lee, a postdoc at University of California, Berkeley, sheds light on the matter.
In a paper published in the Journal of Neuroscience, the research team discovered that, when it comes to imagining the future, the default mode network actually splits into two complementary parts. One helps create and predict the imagined event, what the researchers call the "constructive" function. The other assesses whether that newly constructed event is positive or negative, what they call the "evaluative" function.
"It's a neat division," says Kable. "When psychologists talk about why humans have the ability to imagine the future, usually it's so we can decide what to do, plan, make decisions. But a critical function is the evaluative function; it's not just about coming up with a possibility but also evaluating it as good or bad."
Building on previous work
The DMN itself includes the ventromedial prefrontal cortex, posterior cingulate cortex, and regions in the medial temporal and parietal lobes, such as the hippocampus. It's aptly named, Kable says. "When you put people into a brain scanner and ask them to not do anything, to just sit there, these are the brain regions that seem to be active," he says.
Previous research had revealed which areas make up the DMN and that constructing and evaluating imagined events activates different components. Kable wanted to test that idea further, to better pinpoint the implicated regions and what's happening in each.
To do so, he and his team created a study in which 13 females and 11 males received prompts while in a functional magnetic resonance imaging (fMRI) machine. Participants had seven seconds to read one of 32 cues such as, "Imagine you're sitting on a warm beach on a tropical island," or "Imagine you win the lottery next year." They then had 12 seconds to think about the scenario, followed by 14 seconds to rate vividness and valence.
"Vividness is the degree to which the image that comes to mind has a lot of details and how much those details subjectively pop as opposed to being vague," Kable says. "Valence is an emotional evaluation. How positive or negative is the event? Is this something you want to have happen or not?"
Participants went through the process four times. Each time, the Penn researchers watched brain activity from the fMRI. The work confirmed two sub-networks at play.
"One network, which we'll call the dorsal default mode network, was influenced by valence. In other words, it was more active for positive events than for negative events, but it was not influenced at all by vividness. It seems to be involved in the evaluative function," Kable says.
The other sub-network, the ventral default mode network, was more active for highly vivid events than for events with no detail. "But it wasn't influenced by valence," he says. "It was equally active for both positive and negative events, showing that network really is involved in the construction piece of imagination."
According to Kable, the findings offer a first step toward understanding the basis of imaginative abilities. This research asked participants to evaluate the positivity or negativity of an imagined event, but more complex assessments—moving beyond the simple good-versus-bad dimension, for instance—might offer further clues about this neural process.
That kind of analysis will likely comprise future work for the Kable lab, which has already begun using these findings to parse why people don't value future outcomes as much as immediate outcomes.
"One theory is that the future isn't as vivid, isn't as tangible and detailed and concrete as something right in front of your face," he says. "We've started to use our identification of the sub-network involved in construction to ask the question, how active is this network when people are thinking about future outcomes compared to the same outcome in the present."
And although the research was completed before COVID-19, Kable sees pandemic-related implications for these findings.
"If you described what someone's life was going to be like to them before the pandemic hit—you're going to work from home and wear a mask every time you go outside and not engage in any social contact—it would blow their mind. And yet, once we have the actual experiences, it's no longer so strange. For me, this demonstrates that we still have far to go in understanding our imaginative capabilities."
Keywords; neuroscience, brain, default mode network, imagining the future
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Please watch the video of the transportation of RTG to Myanmar by the heavy cargo carrier "Yamato". | Ican Company Ltd.
Ican Company Ltd. > News Release > Notice > Please watch the video of the transportation of RTG to Myanmar by the heavy cargo carrier "Yamato".
Please watch the video of the transportation of RTG to Myanmar by the heavy cargo carrier "Yamato".


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Praskolesy is een Tsjechische gemeente in de regio Midden-Bohemen, en maakt deel uit van het district Beroun.
Praskolesy telt 892 inwoners.

Geboren in Praskolesy
 Alfred Seifert (1850-1901), kunstschilder
 Jiří Weil (1900-1959), schrijver en journalist van Joodse afkomst

Gemeente in Beroun

redpajama_set_name: RedPajamaWikipedia


Below are the selections of Covington's Intellectual Property Rights Practice Group for the "Top Ten" most significant and interesting developments in U.S. and European copyright law during 2018.
Federal Circuit nixes Google's trial verdict on fair use in Android software war.
This March, the Federal Circuit reversed the district court in Oracle America, Inc. v. Google LLC yet again--ruling that Google's development of Android from Java was not fair use, and sending the case back for another trial on damages.
wrote the functional parts of those programs itself. This let programmers essentially port their Java skills to Android, avoiding having to learn a new language.
In the case's first appeal before the Federal Circuit, the parties disputed the trial court's holding that a software's SSO, and short words or phrases used to call up software functions, was non-copyrightable. The Federal Circuit reversed that holding, and sent the case back down for a new trial on Google's fair use defense. This time, after a jury trial, the jury concluded that Google's use was fair and non-infringing. Oracle appealed again.
de novo. The court also clarified that the jury's role as to "historical facts" was limited--specifically, the jury was not to consider any inferences or conclusions drawn from those facts, which are matters of law for the court. This standard tightly circumscribes a jury's role in fair use cases.
The court then proceeded to consider the four fair use factors, noting at the beginning of its analysis that neither party argued that fair use was not a jury issue--so the jury was asked not just to find the historical facts, but also to decide those facts' implications. Per the court's conclusion on the standard of review, this gave the court considerable leeway to essentially disregard the jury's findings on the four factors.
explaining that there was "no substantial evidentiary support in the record" for the jury to have found Google's use anything other than "overwhelmingly commercial."
citing law holding the second factor not particularly significant to the fair use analysis.
Third, the court evaluated the amount and substantiality of the Oracle code Google used, versus the parts of code Google did not copy. Here, it was undisputed that Google copied 11,500 lines of code--11,300 more lines than necessary to write code in Java. The court concluded that no reasonable jury would find this to be qualitatively insignificant. Even so, the court concluded that this factor was neutral at best, and arguably weighed against finding fair use because Google wanted to leverage an existing community of Java developers even though it could have written all new code.
about precisely that: the potential market for expanding Java's use in smartphones. So the court concluded this factor weighed heavily against fair use.
A question hangs over the Federal Circuit's conclusion that Google's use was not fair as a matter of law. After all, if that was the case, why did the court remand the fair use issue for a jury trial after the first appeal? As the case heads almost inevitably toward a cert petition, we may learn the answer in the future. But if the Supreme Court does not take up the case and clarify the issues, the Federal Circuit's ruling arguably makes it much harder for software fair uses to exist.
No first sale doctrine for digital files.
In Capitol Records v. ReDigi, the Second Circuit rejected a digital music resale company's argument that its service did not infringe because its digital file copies were protected by the first sale doctrine.
iTunes and that there were no duplicate files on the user's computer. ReDigi then transferred the file to its server, using a process that transferred and deleted portions of the file piecemeal. As a result, and unlike typical file transfer processes, the entire file never existed at the same time on both the user's computer and ReDigi's server. Once the file had been transferred, the owner could stream it from ReDigi's server and sell it to another user. The purchaser could then either stream the file or download it, which deleted the file from the server through the same piecemeal transmission process.
A number of record labels sued, alleging that ReDigi infringed their copyrights by reproducing and distributing their works without authorization. The district court found infringement of both rights, and granted partial summary judgment in the plaintiffs' favor.
"phonorecord.") Under the first sale doctrine, one who purchases a book or CD, for example, may re-sell that work without violating the right of distribution. Yet unlike a book or CD, a purchased digital music file could theoretically be sold without the original file changing hands. Bearing this in mind, the district court held that ReDigi's file transfer violated the right of reproduction because, regardless of the fact that the original file never existed in full at the same time as the copy, ReDigi still made a copy without permission. Because any phonorecord resulting from this copying process would not be "lawfully made," ReDigi also violated the right of distribution.
The parties eventually stipulated to a final judgment, under which ReDigi paid $3.5 million and was enjoined from operating its services. But ReDigi reserved the right to appeal the ruling on infringement. It did so, and the Second Circuit affirmed in an opinion written by Judge Pierre Leval.
argument. It ruled that whenever ReDigi transferred a digital music file from a user's computer to its own server, or from its server to a purchaser's computer, it fixed that file anew--thus creating a new copy, separate from the original. Because the first sale doctrine permits only the distribution, and not the reproduction, of phonorecords, ReDigi's service violated the right of reproduction. The court thus dismissed ReDigi's first sale arguments.
court, this substantial market impact decisively negated any finding of fair use.
The court did take care to narrow its ruling. It only affirmed the district court's ruling that the right of reproduction was violated, and did not address the ruling on right of distribution. The court also noted in a footnote that a copy made solely for cloud storage--not to facilitate resale--would likely be fair use.
The long-awaited opinion in ReDigi will provide helpful guidance for the video game industry as it addresses novel issues of digital content distribution.
Annotations to state code not copyrightable.
In Code Revision Commission v. Public.Resource.Org, the Eleventh Circuit held that the official, annotated version of Georgia's state code is not copyrightable. The court offered a unifying principle for a long history of case law dealing with copyright in government works: no work that is effectively authored by the public can be copyrighted.
("OCGA"). Along with the text of the law, the OCGA contains history and repeal notes, cross references, summaries of cases and articles, and other similar references. Per the OCGA itself, these annotations are part of the official, published version of Georgia's laws. But they do not, in themselves, have the force of law.
The annotations are prepared by Lexis, which has the exclusive right of publication of the OCGA in Georgia. But the state of Georgia itself holds the copyright in the annotations, provides detailed directions to Lexis, and makes the OCGA freely available to the public at certain government-run institutions, such as universities and libraries. And the Code Revision Commission, comprised mostly of elected Georgia officials (including the lieutenant governor and state legislators) oversees and has final authority over Lexis's work. The Commission also receives royalties from sales of the OCGA.
scans freely available on its website. The Commission, on behalf of the State and General Assembly of Georgia, sued. PRO argued that Georgia's copyright in the OCGA was unenforceable, and that its use was fair. The district court granted the Commission partial summary judgment, reasoning that because the annotations did not have the force of law, they were copyrightable and not in the public domain. The district court ordered PRO to remove the OCGA from its website. PRO appealed, and the Eleventh Circuit reversed.
drafters, while "the People" are its true authors. Because the public authors the law, it also owns it, and there can be no copyright in it.
The validity of the copyright in the OCGA thus turned on whether the OCGA was created by agents of "the People" in the exercise of sovereign authority, and therefore attributable to the constructive authorship of the public. The court rejected the district court's bright-line rule, under which only that which has the force of law is uncopyrightable, because some government works may implicate these policy concerns without being "law" per se.
the annotations, it did so pursuant to the Commission's "punctiliously specific" instructions, which left little to Lexis's independent judgment. Because the duties of state legislators "peculiarly include the direct exercise of direct sovereign power," this control indicated that the People were the ultimate authors of the annotations.
Second, the court found that although the annotations did not have the force of law, they were authoritative sources of the meaning of Georgia's laws. The law itself provided that the annotations would be "merged" with the statutory text into the authoritative publication of the laws of Georgia. Indeed, the OCGA contains the "official" annotations to the code, which Georgia courts often treat as conclusive.
Finally, the court observed that the process by which the annotations are created is closely related to the passage of statutory Georgia law. The General Assembly also votes to approve bills as they appear in the OCGA, and reenacts the entire OCGA annually.
through its agents in the Assembly, and were therefore uncopyrightable. It reversed the grant of summary judgment and vacated the injunction.
Searchable catalog of TV clips not a fair use.
In February, the Second Circuit in Fox News Network, LLC v. TVEyes, Inc. held that a service that allowed users to watch clips from 1,400 television stations was not a fair use.
TVEyes offered a service that allowed subscribers to search for clips of television content. To provide this service, TVEyes continuously recorded nearly all broadcast television. It used closed-captioned text and text-to-speech software to create transcripts of these recordings. Users could enter a search term to view a list of all clips-- which could be up to ten minutes long--in which that term was used. These clips could then be watched directly through the TVEyes platform. TVEyes also offered ancillary functions such as archiving and downloading clips, which would otherwise be deleted from TVEyes' service after about a month.
stop using its programming, and sued for copyright infringement. The district court found that some of TVEyes's ancillary functions were not fair uses, such as downloading. But the court found that others, including the search and watch functions, were fair. Fox appealed with respect to the watch function and certain others (but not the search function).
The Second Circuit reversed, finding that the watch function was not a fair use and that its inclusion rendered TVEyes's entire package of functions infringing.
The second fair use factor, "the nature of the copyrighted work," was only minimally significant in the court's analysis, as is generally the case-- although facts reported in news are not copyrightable, news reporting itself can be, so the factor weighed for Fox.
The court found that the third factor, "the amount and substantiality" of the portion of the work used, clearly favored Fox. TVEyes's clips were both "extensive," up to ten minutes long, and copied everything "important," because news clips are generally quite short. Unlike Google Books, which makes only a small portion of a book's contents available, TVEyes let users watch entire segments of programming.
valuable market for searchable access to televised content. Because consumers could gain such access through TVEyes without paying Fox, TVEyes deprived Fox of licensing revenues it could permissibly demand. The court therefore accepted Fox's argument that TVEyes undercut Fox's ability to profitably license searchable access to its works. TVEyes argued that Google Books, too, compiled a searchable database of entire works-- but the court observed that that service did not provide unrestricted access to the entirety of a work, so it did not have the same effect on the market for the original.
Weighing all of the factors together, the court concluded that TVEyes's watch and related functions were not fair uses. The service commercially redistributed everything a user could want from another's work, without any license or compensation. Because the district court had held that certain of TVEyes's functions were fair uses, the Second Circuit remanded so that the district court could amend its injunction.
transformative--one of the most significant elements of the fair use test--the court had no difficulty in concluding that, as a whole, the service was not a fair use.
Court enjoins download code sales based on new license language.
A federal judge in California entered a preliminary injunction prohibiting the stand-alone sale of certain download codes included with DVDs in Disney Enterprises, Inc. v. Redbox Automated Retail, LLC.
sell Combo Pack download codes as well.
Disney amended its complaint, now claiming only copyright infringement based on the sale of download codes from Combo Packs with the new license language. Resting its arguments on the new language, it moved again for a preliminary injunction.
This time, the court granted the motion. First, it determined that Disney's new copyright claim was likely to succeed, largely based on the new Combo Pack language. Disney argued that the website pop-up language created an enforceable restrictive license. And because assent to the pop-up requires a user to represent that they did not receive the code separately from the complete Combo Pack, Disney asserted that Redbox contributed to infringement of the license by selling the code separately. Redbox, on the other hand, argued that the pop-up language did not constitute an enforceable license.
given that the pop-up licenses did not mention or were ambiguous on the subject of returns).
The court did not firmly decide whether any of Disney's purported licenses were in fact enforceable agreements, or what their terms may have been. But it did find that no Combo Pack purchaser could reasonably believe that it had unrestricted ownership rights in any of Disney's digital content-- and so Disney was likely to succeed on its infringement claim.
The court rejected Redbox's argument that the first sale doctrine barred Disney's claims. That rule allows the owner of a particular lawful copy of a work to freely re-sell the copy. But the doctrine only applies to particular, fixed physical copies, so while it would block restrictions on resale of the physical discs, it cannot apply to digital copies that are streamed or downloaded. The court also rejected a related claim that Disney misused its copyright in the digital copies to try to control downstream distribution of the physical discs.
Combo Packs featuring the new license terms were covered. Second, the injunction would expire after ninety days unless Disney showed that it "clearly and prominently indicates" that anyone who does not agree to its license may return codes or Combo Packs for a refund.
Claim that "Stairway to Heaven" infringed set for new trial.
In Skidmore v. Led Zeppelin, the Ninth Circuit ordered a new trial on a claim that the band copied key elements of the classic song from another band. In doing so, it determined that the scope of copyrights in musical works protected under the Copyright Act of 1909 is dictated by the deposit copy that was filed with the Copyright Office at registration--an issue of first impression in the federal circuit courts.
In 1966, Randy Wolfe of the band Spirit wrote an instrumental song called "Taurus," which was featured on the band's eponymous first album, released in 1967-68. A deposit copy was filed with the Copyright Office in 1967, as part of the registration.
performed at several of the same concerns in the late 1960s and early 1970s, and Led Zeppelin occasionally covered a different Spirit song on tour. There was evidence that Robert Plant attended a Spirit performance in 1970, and Jimmy Page owned a copy of the album Spirit. Spirit members also testified that they played "Taurus" at some of the concerts both bands performed at, but there was no direct evidence that members of Led Zeppelin had heard them.
In 1971, Led Zeppelin released its fourth album, featuring "Stairway to Heaven," written by Page and Plant. Wolfe died in 1998, and his copyright interest in "Taurus" passed into a trust. Skidmore became the trustee and, in 2014, sued Led Zeppelin and its members and producers, alleging that the opening notes of "Stairway to Heaven" are substantially similar to those of "Taurus."
similarity. Before trial, the district court excluded recordings of Spirit playing "Taurus" as well as plaintiff's expert testimony based on these recordings.
At trial, the court did permit Page to listen to Spirit recordings outside the presence of the jury in order for plaintiffs to attempt to demonstrate his access to the recordings, while preventing prejudice to the jury. Plaintiffs also produced a guitarist, who played recordings of his versions of "Stairway to Heaven" and the bass clef notes of "Taurus" for the jury. During deliberations, the jury requested these recordings, and the district court asked whether it wanted to hear the full version of "Taurus" or just the bass clef. The foreperson requested the full version, and the court directed that the full version be played.
The jury determined that Led Zeppelin had access to "Taurus," but that the songs were not substantially similar, and the district court entered an amended judgment in the defendants' favor. Skidmore appealed, challenging various jury instructions and the evidentiary and procedural rulings noted above.
the judgment and remanded for a new trial. To begin, the court noted that a copyright plaintiff must show copying and unlawful appropriation. Where there is no direct evidence of copying, a plaintiff can attempt to demonstrate that the defendant had access to the plaintiff's work and that the two works are similar. To show unlawful appropriation, the plaintiff must show substantially similarity to original, protectable elements of the plaintiff's work. There are two tests for substantial similarity. Under the extrinsic test, the works are broken down into their protectable elements and compared objectively. If the works are extrinsically similar, the fact finder proceeds to the intrinsic test, under which the "total concept and feel" of the works as a whole are compared.
effect. As a result, failure to include an instruction on selection and arrangement was prejudicial error.
Second, the panel held that the jury instructions on originality were erroneous, because they wrongly implied that common or public domain elements cannot be original even if modified or included in an original selection or arrangement. Third, the panel found that it was harmless error to not instruct the jury that there as evidence of access increases, less evidence of similarity is needed, and vice versa--the "inverse ratio" rule. But it instructed the district court to consider whether such an instruction might be appropriate on remand.
Next, the panel turned to Skidmore's appeals of evidentiary rulings. It first affirmed the ruling that the deposit copy defined the scope of Wolfe's rights in "Taurus"--a issue of first impression, and one a different panel declined to consider earlier this year in Williams v. Gaye. It held that the deposit copy was not purely archival in nature, but that reduction of a work to some manuscript was essential to claim copyright in an unpublished work under the 1909 Act.
court should have allowed Spirit recordings to be played in the presence of the jury to prove access. It found that the jury would have been able to observe Page's reactions to the recordings, and that any risk of prejudice could be avoided with proper instruction.
Line between inspiration and infringement remains "Blurred."
The Ninth Circuit affirmed a court's refusal to overturn a controversial jury verdict in Williams v. Gaye, in which a "constellation" of specific similarities between two songs was sufficient to support a verdict of copyright infringement.
In 1976, Marvin Gaye recorded the hit song "Got to Give It Up," and his three children inherited the copyrights in that composition. In 2012, Robin Thicke and Pharrell Williams wrote and recorded the song "Blurred Lines," and Clifford Harris, Jr. (known as T.I.) separately wrote and recorded a verse that was included in the song. Thicke, Williams, and Harris co-own the musical composition copyright for "Blurred Lines," while the sound recording rights are co-owned by Star Trak and Interscope Records.
After the Gayes made an infringement demand and negotiations broke down, Thicke, Williams, and Harris filed for a declaratory judgment of non-infringement. The Gayes counterclaimed for copyright infringement against both the composition and sound recording holders. Thicke, Williams, and Harris moved for summary judgment because none of the songs' similar elements was protectable. The district court disagreed. That court also ruled that because "Got to Give It Up" was recorded before the 1978 Copyright Act gave sound recordings copyright protection, the Gayes' rights were limited only to song's composition--and not determined by the sound recording.
"compatibility" of the two songs, and their structural similarities.
The jury agreed with the Gayes, concluding that Williams and Thicke had infringed the Gayes' copyright, awarding about $7.3 million in damages and infringers' profits. But the jury found Harris and the sound recording holders had not infringed. After trial, the court remitted the jury award to about $5.3 million, overturned the jury verdict for Harris and the sound recording holders, and awarded the Gayes a 50 percent running royalty in "Blurred Lines" and prejudgment interest. The court declined to award the Gayes attorneys' fees or costs.
Thicke and Williams appealed alternatively for reversal of the court's initial denials of summary judgment, a new trial, or vacatur of the awards of damages, profits, and a running royalty. Harris and the sound recording holders appealed the court's overturning of the favorable verdict. The Gayes appealed the denial of fees and costs, as well as the court's limitation of their rights to the deposit copy rather than the commercial recording.
and Williams' arguments that "Got To Give It Up" enjoyed only "thin" protection, because of the range of possible musical expression is broad and varied. As a result, the Gayes only needed to show that the two songs were "substantially similar," rather than meet the higher burden of "virtual identity." The court also declined to settle whether sound recordings are admissible to illustrate the scope of rights in compositions protected under the 1909 Act.
the right or ability to control Thicke and Williams.
Addressing the Gayes' appeal, the majority ruled that the district court did not abuse its discretion in denying them fees or in apportioning costs among the parties.
The lengthy dissent denied that any material facts about the similarity of the songs were at issue at trial. Rather, the dissent maintained that all parties accepted that the songs were superficially similar, sharing certain chord progressions, melodic devices, and other "building blocks." The dissent would have found that--based mainly on elements of music theory from the parties' experts-- there was insufficient evidence to support the verdict.
The Ninth Circuit's decision in this case was long awaited as a ruling on just how similar two songs must be for one to infringe. But in ruling mainly on procedural grounds and deferring to the finders of fact below, the Ninth Circuit did not shed much light on that copyright question.
Another district court rules that framing content can infringe copyright.
Following a Texas court's decision from last quarter, a New York federal court ruled in Goldman v. Breitbart News Network, LLC that framing (also called in-line linking or embedding) content on a website can infringe the content owner's copyright. In general, framing content has been almost categorically held to be non-infringing, until now.
The plaintiff in Goldman, a photographer, owns the copyright in a picture he took of New England Patriots quarterback Tom Brady. The photo went viral and was widely shared on Twitter. Several news outlets embedded tweets featuring the photo in news stories about Brady. Technically speaking, the "embed Tweet" function creates a frame on the embedder's website that shows content hosted on Twitter's servers--not the embedder's computers. Goldman sued the news outlets for infringing his display right in his photo, claiming that embedding the photo displayed it to the public without his permission, violating his exclusive right to display his work.
In such cases, courts and litigants have long looked to the Ninth Circuit's Perfect 10 v. Amazon and the Seventh Circuit's Flava Works v. Gunter. Those courts adopt what is usually called the "server test," meaning that embedding content is noninfringing so long as the content stays on another party's server, not the defendant's computers. These two cases have been widely followed and adopted by district courts around the country. The Goldman defendants cited this precedent in moving for summary judgment as to infringement, explaining that embedding could not infringe Goldman's copyright as a matter of law.
But the Goldman court disagreed. It pointed to the language of the Copyright Act, which the court explained defined "public display" broadly, requiring only that a work be displayed to the public--not that the work has to be in the possession of the entity displaying it. So, the court reasoned, any defendant that took active steps to put in place a process that transmitted Goldman's photos to the public infringed Goldman's display right.
Aereo, the Court examined whether Aereo infringed TV networks' display rights by transmitting broadcasts to users via the Internet, giving each user her own antenna and server space rather than sharing one copy of a work to many users. There, the Court focused more on how Aereo's broadcasts looked to viewers, as opposed how they operated on the back end. Citing Aereo, the Goldman court explained that "liability should not hinge on invisible, technical processes imperceptible to the viewer."
The court has certified its decision for an interlocutory appeal. If the Second Circuit takes up the issue now, it could find itself faced with creating a split with its sister circuits--or taking up an interpretation of the display right that some see as being at odds with the Copyright Act's plain meaning. Either outcome could tee up the issue for Supreme Court consideration, giving the high court a chance to clarify whether Aereo really does urge courts to focus on how technology appears to consumers, as to how it actually works on the back-end.
Ninth Circuit affirms dismissal of photographer's "Jumpman" case.
In Rentmeester v. Nike, the Ninth Circuit upheld a district court's decision to dismiss a photographer's infringement action against Nike. The photograph alleged that Nike's famous "Jumpman" logo infringed his photograph of a leaping Michael Jordan.
both the logo and Nike's photograph copied protected aspects of his photograph. Nike moved to dismiss the complaint, and the district court granted the motion.
Reviewing Nike's motion to dismiss de novo, the Ninth Circuit focused on whether Nike had copied enough protected expression from Rentmeester's photo for Nike's logo to be "substantially similar" to Rentmeester's photo. The court explained that elements of photographs can, when combined, be protectable expression, despite the fact that they reflect real factual elements that are unprotectable in themselves. For instance, choices related to subject matter, pose, lighting, camera angle, depth of field, and the like can be protectable. So, the court continued, Rentmeester could not protect Jordan's pose even though he directed it--but the particular expression of the pose in his photograph could be protectable.
constrained--have broader copyright protection because they are constructed from a wide array of elements. For instance, instead of having Jordan making a standard shot on a basketball court, Rentmeester had him outside, doing a ballet leap. This, the court said, was protectable.
Unfortunately for Rentmeester, though, the court held that Nike had not copied any of the photograph's expressive elements. For both Nike's photograph and the Jumpman logo, the court concluded that the only similar element was subject matter and pose-- neither of which can be copyrightable in itself. As to Nike's photograph, the court pointed out that although the fundamental idea was the same, Nike expressed it in different ways through Jordan's clothes, the setting, and the lighting and camera angle. As to the Jumpman logo, this simple black silhouette had even less in common with Rentmeester's photo than Nike's dissimilar photo did. So the court affirmed the district court's dismissal.
claim, and a jury found for Oracle on the computer fraud claims. The jury awarded Oracle $50 million in damages, and the judge awarded prejudgment interest, fees, and costs--bringing Oracle's total recovery to about $124 million--and entered an injunction against Rimini. Rimini appealed.
The Ninth Circuit began by noting that because Rimini necessarily copied Oracle's software, it could not be disputed that Rimini committed copyright infringement--unless its acts were authorized by an express license. Evaluating those licenses, the Ninth Circuit found that despite having slightly different terms, each license ultimately prohibited "use" of Oracle's software for any entity other than the licensee. In doing so, the court rejected Rimini's argument that it could "cross-use" Oracle's software by using one licensee's software to service another licensee. Reading the straightforward language of the license, the court found that Oracle's licenses prohibited Rimini's purported "crossuse."
The Ninth Circuit accepted Rimini's argument, and reversed the jury verdict on the computer access claims. It explained that the statute focuses on whether access was authorized in the first place--not the method by which the system was ultimately accessed. And when Rimini first used its automated tools to access Oracle's website, it indisputably had authorization to do so.
to the state laws at issue here, that question appears to be settled.
Additional information about the firm and its practices can be found at, www.cov.com.
2019 Covington & Burling LLP. All rights reserved.


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The LDS perspective on the Four Horsmen
As a continuation of this question, this question and this question:
Few Biblical symbols, allegories, or metaphors have fired the imagination more than the alleged Four Horsemen of the Apocalypse described all too briefly in Revelation 6:1-8.
Does the LDS Church have an official interpretation of these verses? And if so, how are the Horsemen interpreted by it?
lds eschatology revelation
JBHJBH
From the Doctrine and Covenants, section 77, which lays out revealed interpretations of some of the symbolism in the Book of Revelation:
6 Q. What are we to understand by the book which John saw, which was sealed on the back with seven seals?
A. We are to understand that it contains the revealed will, mysteries, and the works of God; the hidden things of his economy concerning this earth during the seven thousand years of its continuance, or its temporal existence.
7 Q. What are we to understand by the seven seals with which it was sealed?
A. We are to understand that the first seal contains the things of the first thousand years, and the second also of the second thousand years, and so on until the seventh.
Therefore, the four horsemen represent the past, from the perspective of John and his contemporaries: the workings of the world throughout the 4000 years from Adam until Christ. Among other things, this interpretation explains why the events of the first four seals (and the fifth, to a lesser extent) are glossed over so quickly in John's writing: they're history, they're stuff that's already happened, much of which his audience is already familiar with, so he just provides a quick recap before getting on to the real focus of things which are to come and going into greater detail there.
The Church's New Testament Student Manual, in its chapter on Revelation 4-11, goes into further depth about a third of the way down, speaking of possible interpretations and correlations with scripture and history.
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redpajama_set_name: RedPajamaCommonCrawl


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By Lethbridge Herald Obituaries on September 15, 2017.
Anne Paskuski
Annie (Anne) Clarke Paskuski, nee Wilson, of Lethbridge, died peacefully in her sleep on September 4, 2017 at the age of 88. A Service to celebrate and remember the life of Anne Paskuski will take place at the LETHBRIDGE SENIOR'S CENTRE at 500 – 11th Street South, Friday, September 22nd from 2:30 PM to 4:30 PM. In lieu of flowers the family requests that donations be made to Family Centre, 225 – 200, 4th Avenue South, Lethbridge, AB., T1J 4C9, a charity that was near to Anne's heart.
BETEGH
EMILY BETEGH, age 67, beloved wife of the late Joseph Betegh, died unexpectedly September 1, 2017, from a tragic accident in her home. Emily was born October 13, 1949, in Satu-Mare, Romania, the daughter of Steve and Emilia (née Kiraly) Radvanszky.
Emily will forever be remembered and greatly missed by her devoted and beloved children; daughter Sophia Betegh, (grandsons Matthew and Zachary Hamelin and their father Geoff), and her son Steven Betegh. Emily leaves her sisters; Lia Robinson and Rita Smith, her brother Alex Radvanszky (Heidi). Emily also leaves behind many nieces and nephews; Julia Fraser (Stuart) (daughter Emily), Amy Smith (daughter Adelynn), Thomas Robinson (Nicole) (sons Owen, Noah and Bennett), Jeremia Radvanszky (Anya) (children Niko, Adrianna and Lillian), Patrick Robinson (Laura) (sons Jacob and Kyle), Joshua Radvanszky (Emily) (children Chase and Rogue), Christopher Smith and Andrew Smith; and her dear friends Bart and Suzanne Fontaine. Emily touched the lives of many; she will be missed, but not forgotten.
Angels will rejoice at Emily's arrival in heaven and she will be welcomed with loving hearts by her beloved husband Joseph, parents Steve and Emilia, sister Julia Pickard, brothers-in-law Andrew Repaszki, Sheldon Robinson, Richard Pickard and her great-nephew Alex Fraser.
Emily immigrated in 1963 with her family to Canada at age 14. Emily met the love of her life, Joseph Betegh at work and were married in 1969. They had two wonderful children, Sophia, and Steven. Emily was an excellent role model as a working mother. In 1983, Joe and Emily started their own company where Emily worked as the Operations Manager until Joe retired in 2003. As she always liked to be busy, she continued to work for a number of years more.
Emily was an amazing, hard working woman; generous and with a kind soul, who loved to cook for family and friends. Her Hungarian desserts were greatly anticipated by all. Her grandsons awaited each Christmas for her to make "nagymama soup". She was known for her artistic ways. She won many awards for her needle point at the County Fair. Nothing touched your heart more than when you saw her smile while laughing. It filled the room with joy.
A Funeral Service will be held at CORNERSTONE FUNERAL HOME – 2800 Mayor Magrath Drive South, Lethbridge, AB on Monday, September 18, 2017 at 11:00 A.M. with Pastor Jeremia Radvanszky officiating.
Interment will follow at Mountain View Cemetery.
BIKMAN
William (Bill) Bikman, loving husband of Erma Rasmussen Bikman, died peacefully in his sleep on September 7, 2017. He was 96 years old. Born in Lethbridge March 2, 1921, he spent his entire life here. After retiring in 1977, he and Erma enjoyed wintering in Palm Springs where he learned to golf and was "Mr. Fixit" to all his elderly neighbors there, helping them with any of their construction or auto repair needs Bill worked with his brother, Abe, at Speedy Delivery, the company Abe started in 1935. This business later became Speedy Storage & Cartage Ltd and then, moving into the oilfields, Speedy Heavy Hauling Ltd. In 1983 Bill received the Founder Award from the American Truck Historical Society for his lifetime achievements & service in the trucking industry. During WW II he was an airframe mechanic, stationed in Medicine Hat, Alberta. Bill was known and admired for his integrity, ingenuity and work ethic. "Make your word your bond" he advised his 3 children, a slogan he practiced all his life. He was always a strong, generous supporter of Jewish causes and the establishment of the State of Israel, even after joining the Church of Jesus Christ of Latter-day Saints. He also gave freely of his time and resources in service to others. A long-time Rotarian, he was the first to volunteer on service projects. In Church he likewise would quickly raise his hand when a group was being organized to help someone move, repair a storm damaged house, or render other charitable service. Bill was predeceased by his beloved daughter Debra Edna Bird, daughter-in-law, Suzy, as well as his parents and all of his siblings. Left to mourn his passing and celebrate a life well lived are his wife, Erma, their sons, Gary and Shane; Gary's wife, Sheila; his son-in-law, Craig Bird; 31 grandchildren and 72 great grandchildren as well as numerous nieces and nephews. The family wishes to thank the wonderful, supportive and caring staff at St. Therese Villa. You made Bill feel welcomed, respected and valued. We never worried because we knew how much you cared. A Celebration of his Life will be held at 11:00am on Saturday, September 16, 2017 at THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS – Stirling, AB. Friends may meet with family prior to the service from 10:00 – 10:45am. Bishop Jim Seely officiating. Interment to follow in the Bikman family section at Stirling Cemetery.
To send condolences, please visit http://www.generationsfh.ca
BURKE, ROGER DONEL, of Carmangay, beloved husband of Beryl, passed away at the Vulcan Community Health Centre September 7, 2017 at the age of 71 years.
Besides his loving wife Beryl, Roger is survived by his children – daughters Angela (Allan) Calvin and their children Ethan, Katurah, Bethany and Tasia; Kym (Chris) Nichols and their children Savannah, Merissah and Quade; and son Kelly (Cassie) Burke and their children Chase and Mattie. He is also survived by his brother Dennis (Carolyn) Burke, brother-in-law Carl Nelson and numerous nieces and nephews. Roger was predeceased by his parents Lethrie and June Burke and sister Raema Nelson.
Celebration of Life, conducted by Pastor Larry Losey and the Burke family, will be held September 16, 2017 at 2 pm at the Champion Hall. Inurnment to take place at a later date.
In Lieu of flowers, any tributes in Roger's memory can be made to the Southern Alberta Bible Camp (SABC), Box 99, Lomond, AB, T0L 1G0 OR Samaritan's Purse Canada, 20 Hopewell Way NE, Calgary, Alberta, T3J 5H5.
Arrangements in care of
Vulcan Funeral Home.
Telephone 1-403-485-2633.
E-mail condolences through http://www.vulcanfuneralhome.ca
ELNA JEAN FORSYTH age 86, beloved wife of the late Garth Dean Forsyth, passed away in Cardston on Thursday, September 14, 2017.
Family will greet friends at the Legacy Funeral Home, on Thursday, September 21st from 7:00 to 8:00 p.m. or at the church from 10:00 to 10:45 a.m. prior to the service.
The Funeral service will be held at the Church of Jesus Christ of Latter-day Saints, Cardston Alberta West Stake Center, 846 1st Ave W, Cardston, Alberta on Friday, September 22nd, 2017 at 11:00 a.m.
Interment to follow in the Cardston Cemetery.
Condolences may be sent to: http://www.legacyfuneralhome.ca
GADD
ROBERT MARTIN "MARTY" GADD, beloved husband of Vikki Gadd, of Lethbridge, passed away at the Chinook Regional Hospital on Friday, September 8, 2017 at the age of 61 years.
Marty is survived by his wife Vikki, daughter Michelle (Jarom) Leafloor, son Brad (Marissa) Gadd, mother Clarice Gustafson of Red Deer and father Robert "Bob" (Shirley) Gadd of Fort Frances, Ontario, as well as grandsons Nathan and Benjamin Leafloor, Cohen Southcombe, and many aunts, uncles, cousins, friends and acquaintances whom he all dearly loved.
Marty was born and raised in Fort Frances, Ontario. He started his career in finance and retail business, moved to British Columbia in 1978 when he purchased the Savona Hotel that he operated until 1981, where he also married Vikki. They moved to Salmon Arm after purchasing the Brass Kettle Restaurant and operated it until 1988, after which they moved to Calgary. There, he started his career in building maintenance at the Alberta College of Art and continued at the University of Lethbridge until he retired in 2016. Marty was very devoted to his business ventures and his employment at the University. His humour was second to none and he had a laugh that made you smile. He took a love to camping and couldn't wait for weekends to get to his campsite. He was an avid Elvis collector and loved his music throughout his entire lifetime. A Celebration of Marty's Life will be held at the AA CHAPTER HOUSE – located on the corner of 10th Avenue & 17th 'A' Street South, Lethbridge, AB on Saturday, September 23, 2017 from 2:30 P.M. to 4:30 P.M.
In lieu of flowers, donations can be made to the Lethbridge John Howard Society – P.O. Box 1568, Lethbridge, AB, T1J 4K3.
AGNES HART, of Lethbridge, beloved wife of the late Joseph Hart, passed away at the South Health Campus in Calgary on Thursday, September 7th, 2017 at the age of 91 years.
Left to cherish Agnes' memory is her son Alan (Jennifer) Hart of Nanton, two grandchildren Jason (Rhonda) Hart of Calgary and Deanna (Brock) Bartlett of Forestburg and two great- grandchildren Ella and Abrahm. She is also survived by two sisters and one brother as well as numerous nieces and nephews.
Besides her loving husband of 45 years Joseph, Agnes was predeceased by her parents Delia and Alexander and one brother and one sister.
Agnes was born in Scotland in 1926 and was married in 1945 to Joseph Hart prior to immigrating to Canada in 1946 as a war bride. After moving between small towns in Alberta, they eventually made their home in Lethbridge in 1966. In-between this time they were blessed with a son who was born on December 10, 1946.
After moving to Lethbridge, Agnes sought employment with Automatic Electric, where she stayed until the company shut down. Following this Agnes enjoyed traveling with her husband Joseph. They spent time together in Scotland, Toronto, Las Vegas and numerous other places. Following Joseph's passing, Agnes enjoyed gardening, she had an abundance of amazing flowers and vegetables and especially was fond of her red roses and yellow tulips.
Agnes will be fondly remembered by her family and all those whose lives have been touched by her.
In lieu of flowers, donations may be made in memory of Agnes to the Alzheimer's Society 740 4 Ave S, Lethbridge, AB T1J 0N9.
A Private Family Graveside Service will be held at Mountain View Cemetery at a later date.
Leonhard "Leo" Neunzig
Mr. Leonhard "Leo" Neunzig of Lethbridge, beloved husband of the late Mrs. Gertrud Neunzig, passed away peacefully with family present at St. Michael's Palliative Care Centre on Wednesday, September 13, 2017 at the age of 86 years. Leo is survived by his daughters Doreen Buytels (Tom Wall), Karen (Rod) Davis; son Gary (Margaret) Neunzig; 9 grandchildren; 10 great-granchildren; sisters Elizabeth and Hanna; brother Willi; sisters- in-law Erna Seidel, Elfriede Scheu and Reinhild (Peter) Wigand. Besides his loving wife Gertrud, Leo was predeceased by brothers Christian, Hans; sisters Gertrud, Grete, Agnes, Anna, and Maria; brother- in -law Richard; sister- in- law Anneliese. Leo was born in Pulheim, Germany and immigrated to Canada in 1953. Dad worked for CP Rail for 30+ years and in his retirement, he enjoyed camping, and spending time with his family. He was a wonderful father, grandfather and great-grandfather. A Funeral Service will be held on Saturday, September 16, 2017 at 1:30pm at MARTIN BROTHERS RIVERVIEW CHAPEL, 610- 4 Street South, Lethbridge, Alberta, with Pastor Rodger Halvorsen officiating. Family and friends are invited to pay their final respects one hour prior to the service. Leo will be laid to rest in the Mountain View Cemetery, next to his beloved wife. Memorial donations may be made to St. Michael's Health Centre, 1400-9th Avenue South, Lethbridge, Alberta T1H 0A1. Thanks to the staff and doctors at St. Michael's. Also, thank you to Dr. Mir, Dr. McCabe and Dr. E. Janzen. The world has lost a brilliant mind and a wonderful human being, rest in peace Dad.
RHONDA ISABEL PAYNE, of Lethbridge, passed away on Wednesday, August 30th, 2017, at the age of 55 years.
A Service of Remembrance will be held on Saturday, September 16, 2017 at 11:00 A.M., at CORNERSTONE FUNERAL HOME, 2800 – Mayor Magrath Drive South.
Rose Racz
Rose Racz, passed away in Taber on Wednesday, September 13, 2017 at the age of 92 years.
Relatives and friends are invited to Prayers at Southland Funeral Chapel, 5006 – 48 Avenue, Taber on Sunday, September 17, 2017 at 7:00 P.M.
The Funeral Mass will be celebrated at St. Augustine's Catholic Church, 5009 – 48 Avenue, Taber on Monday, September 18, 2017 at 10:30 A.M. Burial to follow at the Prairieview Cemetery, Grassy Lake at 1:30 P.M. Condolences may be forwarded by visiting our website at http://www.southlandfuneral.com.
RONNIE JAMES SLOVAK, of Taber, passed away suddenly at home on Sunday, September 10, 2017 at the age of 56 years.
A Funeral Mass will be celebrated at OUR LADY OF THE ASSUMPTION CATHOLIC CHURCH – 2405 12 Avenue South, Lethbridge, AB on Friday, September 15, 2017 at 10:00 A.M. with Father Kevin Tumback, Celebrant.
In memory of Ronnie, donations may be made to Alcoholics Anonymous, District #17 Service Centre, PO Box 212 Stn Main, Lethbridge, AB T1J 3Y5.
GARRY MELVIN THOMPSON, 77, passed away in Lethbridge on Monday, September 11, 2017. He was born on July 18, 1940 in Hay Lakes, Alberta. Garry grew up on a dairy farm but became a Journeyman Carpenter by trade. Later in life his passion became collecting old pieces of furniture and fixing them up to give them a new purpose. Survivors include his two sons Troy (Tracey) and Shane Thompson, two grandchildren Taylor and Tanner Thompson, all from Lethbridge, and one brother Bob Thompson of Camrose. Garry was predeceased by his parents Melvin and JoAnna, two brothers Wayne and Ricky Thompson and one sister Wendy Brett. At Garry's request there will be no formal service. A Celebration of Garry's life will be held on Saturday, September 23, at 2:00 PM at LA Lounge, 542 13 St N, Lethbridge.
" Please remember him by filling your glass, raising it high and having a toast in his name."
To send condolence, please visit http://www.evergreenfh.ca
TREMEL
MARILYNNE JULIET TREMEL, beloved wife of the late Casper Tremel, of Lethbridge, passed away peacefully at the Peter Lougheed Hospital in Calgary, on Friday, September 8, 2017 at the age of 74 years.
Marilynne is the loving mother of Carol (Allan) Van Buuren of Lethbridge and grandmother to Ashlynne, and Braydon (Serena) Van Buuren; and Cathy (George) Loewen and grandmother to Courtney, Sarah, Caitlyn and Michelle Loewen of Grande Prairie. She is also survived by siblings Gerry (Jane) Weiler, David Weiler, Betty Weiler (Brian Alston), Bill (Maria) Weiler and sister-in-law Cheryl Weiler as well as many nieces and nephews.
Marilynne was predeceased by her husband Casper Tremel, father Fred Weiler, mother Juliet Weiler and brother Jim Weiler.
Marilynne was born August 25, 1943 in Quebec City and adopted by Fred and Juliet Weiler on November 11, 1943. She was raised with her four brothers and one sister. She married Casper Tremel on March 30, 1964 and had two daughters.
Marilynne's (Grandma T) passion for life began with her grandchildren. She was a kind and loving person who always believed in the goodness of all. She will be very much missed.
A Funeral Service will be held at CORNERSTONE FUNERAL HOME, 2800 Mayor Magrath Drive South, Lethbridge, AB, on Monday, September 18, 2017 at 7:00 P.M. with Deacon Cliff Bogdan officiating. Cremation to follow.
In memory of Marilynne, donations may be made to the McMan Youth, Family & Community Services, 435 – 5 Street South, Lethbridge, AB, T1J 2B6.
VREDEGOOR
DAVID GERALD VREDEGOOR, of Lethbridge, passed away peacefully at the Chinook Regional Hospital on Thursday, September 14, 2017 at the age of 59 years.
WILBOR
JOHN DUNN WILBOR, passed away with family by his side, reminding him of the good memories they shared along the way at the Fairmont Extendicare on Friday, August 18, 2017 at the age of 92 years.
"He was Epic"
Dad was predeceased by his cherished wife, Lilian (1924 to 2015). Left to mourn are his daughters Joni (Dan Cahill) and Lori (Tim) Gibson; grandchildren Chris, Mike (Liana), J.C. (Samantha), Sarah, Erin, Bryson and countless others whose lives he has touched.
A Celebration of John's Life will be held at CORNERSTONE FUNERAL HOME, 2800 Mayor Magrath Drive South, Lethbridge, AB, on Saturday, September 23, 2017 at 1:00 P.M. with Reverend Erin Phillips and Reverend Andrew Horne officiating.


text:
SPECIAL REPORT: After 2 years, historic silicosis case miners await justice
Funds due to be paid out to ex-miners after the landmark silicosis class action suit are yet to be given to them, more than two years since the agreement.
"They took our documents and pictures and said we will be paid. We have been waiting ever since." - Mzawubalekwa Diya. Picture: Pixabay.com
Justice for Miners
Class-action suit
Theto Mahlakoana | 337 days ago
JOHANNESBURG - Former miners with silicosis - who spent their adult lives digging for gold in South Africa's mines - still have not been paid more than two years after a High Court-approved settlement between miners and companies in an historic class action.
More than two years ago, the country celebrated the settlement agreement after the landmark class-action suit against nine gold mining companies, forcing them to compensate miners suffering from the insidious respiratory disease. Drawn to Johannesburg and other gold mining towns in South Africa in search of employment in the 1960s and 1970s, many of these former miners have since retreated to their homes in remote villages locally and elsewhere in southern Africa, while others have succumbed to the lung disease.
The Occupational Lung Disease Working Group represented AngloGold Ashanti, Harmony, Sibanye-Stillwater, African Rainbow Minerals, Anglo American South Africa, AngloGold Ashanti and Gold Fields against the claimants, which reached the historic settlement after almost five years of negotiations.
Now, Eyewitness News has learned that the affected miners, facing the inevitability of death, are losing hope of ever receiving justice.
The disease usually affects people in jobs where they breathe in dust that contains silica – a tiny crystal found in sand, rock or mineral ores such as quartz. It causes scarring in the lungs, a painful cough, and shortness of breath. Its symptoms show much later than when a person is first exposed to it.
Mzawubalekwa Diya hails from the Eastern Cape. He told Eyewitness News in these past two weeks that as an intended compensation receiver, he was no longer concerned about his needs. He explained that the silicosis ravaged his body and he knew the end was near. But he would find peace if, by the time he is buried, there was something to show for his suffering.
"What the Trust people have done so far is that they came to the villages and said we must go to a meeting in town. They took our documents and pictures and said we will be paid. We have been waiting ever since," he said.
The Tshiamiso Trust is a byproduct of the 2012 class action lawsuit against 30 gold mining companies for failing to take adequate safety measures to protect miners from exposure to the dangerous silica dust. The Trust said it did not call meetings with former mine workers as yet, adding they were concerned there was fraudulent activity in some areas.
"There has been a lot of fraudulent activity out there, with people are trying to get money from these sick and poor mineworkers telling them that they can claim on their behalf. We have been on a very big fraud campaign since last year trying to get the message out that please realise no one can claim on your behalf," said the Trust's CEO, Daniel Kotton.
After the parties reached an agreement in May 2018, a settlement was approved by the Johannesburg High Court in July 2019.
The Trust, formally constituted in February 2020, started setting up operating systems last year. But more than a year after the settlement was reached, no one can say when the first miners will get the little that is due to them.
Balakisi Bangumuzi, also from the Eastern Cape, is one of many miners who were not aware at the time of their retrenchments from mines that they had contracted the illness – only to fall ill once they returned home.
He worked on the gold belt in Randfontein from the 1970s till 1999 and said he verified that his name was among the hundreds of thousands of former mineworkers eligible for payment.
However, with the Tshiamiso Trust yet to issue payments from the R5 billion agreement, which can amount to up to R500,000 per claimant in exceptional circumstances, he wondered if he would live to see the day his family's fortunes turned.
"It's hard to put our children through school or do anything, really. We can't even afford to go to the doctor to have the silicosis and other medical conditions we now suffer from...[seen to]."
Mining activists, including civil society organisation Justice For Miners, have slammed the slow pace of the rollout of compensation payments to former mineworkers who suffer from silicosis, saying this is sending them to their deaths early.
Justice For Miners chair Bishop Jo Seoka told Eyewitness News last week: "The mandate is very clear. The judgment said the harm that has been done cannot be reversed and the trustees must ensure that the settlement is effected to help those who are meant to be assisted with it."
Experts, meanwhile, described attempts to understand the depths of the silicosis crisis in the country as amounting to unscrambling a complex entanglement.
This was not only because there was very little communication from relevant government and non-governmental institutions but because the victims of the disease were also out of sight.
The activists described to Eyewitness News not only debilitating health conditions that hit ex-mineworkers but also dire living conditions as many were unable to take up any form of work due to their weakened health.
Ziyanda Manjati has been working with the families of ex-mineworkers since the early 2000s at the onset of preparations for the historic class-action lawsuit that sought to hold mining companies accountable for the suffering endured by their former employees, as a result of silicosis. She says she has seen it all.
"Most of these families don't have money to go to the medical doctors. Yes, we do understand that silicosis is incurable but there are ways, at least medical treatment, that they can use because most of them who are suffering from silicosis are also suffering from TB. In order to prevent those instances, the claimants – if they were consulting medical doctors now and then - at least they will be able to get the correct medication to make the illness better and avoid suffering from TB."
Her plea is for the Tshiamiso Trust to do its work, saying that the Trust should be proactive in the tracking and tracing of the beneficiaries so that the gap of criminals posing as middlemen can be eliminated.
"Payments can be faster than they are already trying to do. Its almost two years after the trust was formulated. What they do each and every time is that they say the Trust did, says this... We feel that the judgment that was done in the High Court is not what Tshiamiso is doing on the ground."
Janet Kahn has lived in Welkom most of her adult life. There she and her husband, who is a doctor in the mines, have also witnessed how the illness ravages healthy bodies of workers who had no idea that signing up for jobs to put food on their families' tables would ultimately cost them their lives.
She spent many years working to ease their pain – helping with compensation applications and educating them about the incurable disease that had riddled their lungs.
"It's a progressive disease. The families watch their loved ones progressively getting weaker and sicker and battling more and more to breathe. It has material implications because they are no longer earning a salary. If they come from non-South African countries – there is no real security in terms of security pension," she said.
Kotton explained to Eyewitness News last week that it would be rolling out payments to the former mineworkers in the coming months – adding that it had to ensure that extensive systems were in place to ensure the process was carried out as per the Trust's deed, which has specific stipulations on how the process can be carried out.
"There is a big misunderstanding that 'I have now submitted my claim and why am I not being paid' but it's a step-by-step process and we need to have all those sets of big infrastructure in place for us to process the claims," he said.
The Trust will be paying out a maximum of R250,000 to the ex-miners, while those with the most severe cases of silicosis can be paid up to R500,000.
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Hopefully, while you're reading this, we're successfully heading south. It's our first vacation by car with three kids in tow. Wish us luck… we'll probably need it!
While we are out boating and enjoying the houseboat capital of the world you'll be in good hands.
As we travel, you'll begin to see articles by some of our new writers. They are a fantastic team, and I'm sure as you get to know them, you'll find that each one has a different perspective on money. Let's face it, there are lots of ways to manage money, and it's always good to hear from people with different backgrounds.
Where To Park Car Savings?


Culverwell has advised on almost £600,000 of property deals in Edinburgh.
The £330,000 buy of 69 Haymarket Terrace in Edinburgh was a net initial yield of 6.65 per cent.
The unit is let to Purdie & Co at a rent of £23,000 per annum.
The next door property at 71 Haymarket Terrace went for £240,000 at a yield of 6.36 per cent.
That space is let to Inside and Out at a rent of £16,000 a year.


Until synthetic dyes were invented in the mid-1800's, plant dyes were used to dye most things since ancient Egypt. Plants come in such a variety of colors that many shades were possible. They were not always as "fast" as today's dyes and the pigments faded with time, but they were beautiful.
Indigo dyes came from a variety of plants. Chamomile created yellow while the madder dye plant was used for red. Both brazilwood and safflower were also used for shades of red. Baptisia Australis or blue indigo can be found in our mail order catalog.


Need to lower your cholesterol? These healthy foods could help.
You go the doctor for an annual check-up and every year your cholesterol numbers are usually within the goal limit. But this year, the doctor breaks the news: your cholesterol numbers have passed the target range. What to do?
High cholesterol can raise your risk of heart disease. We know genetics play a very important role in raising cholesterol. Depending on your cholesterol levels, most physicians will recommend healthy eating habits and lifestyle changes before starting medications.
Here are some of my suggestions to lower your cholesterol through food.
Oatmeal and barley are high in soluble fiber. Eating 5 to 10 grams of soluble fiber per day will lower your total and LDL (low-density lipoprotein) cholesterol.
Kick-start your day by adding unprocessed oatmeal such as steel-cut oats for breakfast. A half cup of cooked oatmeal can provide 2 to 3 grams of soluble fiber.
Barley is naturally high in beta-glucans which have shown to lower cholesterol. Although barley is not very popular in this country, consider substituting pearled barley instead of rice or wheat. Also available are barley flakes, which can be sprinkled on salad, yogurt and cereals.
Beans are powerhouse of nutrition. They are bursting with protein, high in soluble fiber and rich in vitamins and minerals.
"Go meatless" this Monday. Substitute beans instead of meat on your plate. Try eating beans at least three times a week. Try bean soup, hummus with vegetables or hummus on a sandwich. Instead of eggs, consider making a bean taco for breakfast.
Plant stanols are naturally present in some plant-based foods such as legumes, nuts, yogurt and broccoli. Plant stanols can block the absorption of cholesterol. They can help reduce LDL cholesterol by 10 percent. Currently in the supermarket we also have margarines such as Smart Balance Light (Heart Smart) which is enriched with plant stanols, orange juice and yogurt. Consider spreading up to 2 tablespoons of margarine for your English muffin or whole grain toast.
Olive oil is high in monounsaturated fat and seems to lower LDL cholesterol. Olive oil is also high in Vitamin E and is an antioxidant. The cholesterol-lowering effects of extra-virgin olive oil are much more than the less-processed 'light' colored olive oil.
Be cautious with the amount of oil you use. It is high in calories. Too much of a good thing can result in weight gain. The recommended amount is 2 tablespoons by the FDA. You can use olive oil to sauté your vegetables or make homemade dressing with oil and vinegar.
Omega-3 fatty acids can help lower your LDL cholesterol. Our diets tend to higher in Omega-6 and not Omega-3's. You can boost your Omega-3 intake by adding fish such as salmon, trout, albacore tuna, mackerel or herring to your diet twice a week.
Not a fan of fish? Consider adding a handful of unsalted, roasted nuts such as walnuts or almonds to your salad or as snack. But be cautious with nuts – it's easy to overeat them and may cause those unwanted extra pounds.
There are so many other foods which can be added to the list, but for now this is a good starting point.
The next time you go to the grocery store, pick up some of the items listed. My philosophy is food always has to taste good first, and, yes, fat does make the food taste good, but we can use healthy fats and in controlled amounts! Consider adding spices to enhance the flavor of your foods!


The previous day, CEO of Cardano, Charles Hoskinson introduced the of completion of a vital roadmap function. The Shelley segment pertains to steadiness, interoperability, and governance. However greater than that, the principle goal in the back of it's the decentralization of the Cardano community by way of staking.
Underneath Shelley, Cardano will supply incentives to those that actively take part within the Evidence of Stake consensus protocol. Alternatively, what makes Cardano other, is that Cardano recognizes that no longer everybody needs to run an energetic node 24/7. For this reason, ADA holders give you the option to delegate their stake to a staking pool.
By way of doing this, ADA holders will switch their proper to protocol participation over to the stake pool operator. Within the procedure, an on-chain delegation certificates will proof the reality. However the unique holder remains to be granted complete financial rights over their delegated budget. This implies they're unfastened to spend any in their ADA pockets stability, although they have got entrusted it to a stake pool operator.
On best of which, delegators will nonetheless obtain rewards proportional to their staked quantity. This occurs every time the staking pool validates a brand new block. Alternatively, a charge is payable, to the pool operators, on this match.
Welcome Shelley!! Smartly achieved group!
To which, Shelley's phased rollout exemplifies the sluggish shift clear of centralization, to a extra equitable device. And one the place network governance is vital to the a success operation of the venture. Extra so, Shelley marks the primary time individuals, even non-technical ones, can take part as a collective.
Already praised for his or her clinical robustness, and well timed of completion of roadmap targets, the Cardano group as soon as once more proved their value via finishing Shelley as forecast.
With this in thoughts, 2019 is shaping as much as be an exhilarating yr for Cardano.


NW Landing, 3348 SF DuPont home with 4 bedrooms, bonus loft and 2.5 baths. Impeccably cared for by original owner. Tons of space and storage in this beautiful home with upgraded kitchen with granite and tile backsplash and large walk in pantry. All bedrooms feature walk in closets. 5-piece master bath including soaker tub. AC, newer 95% efficient furnace/50 gallon water heater. Fully fenced yard with professional landscaping, irrigation, large trex deck and 3 car garage. Views of Home Course.


Download Sun's VirtualBox VM software.
Use apt-get to install smlnj and mlton.
Seriously. I really think this is the way to do it and I am perfectly happy to launch Linux every time I want to program, it's just so much easier in Linux land. I like cygwin generally, but I have found that if you want to install some software and there's not already a distribution for it, it can make your life miserable. Ubuntu, on the other hand, has like 9 million packages, and even includes obscure stuff like sml. Problem solved!
I actually get way more mileage out of putty + sshing into a unix box than I ever did out of cygwin.
I still can't get my SML/NJ code to compile with mlton. Very frustrating.
Welcome to the light side! I just had an assignment for this vision class where they gave us a Visual Studio skeleton to fill in. I unzipped it, typed 'rm */*.vcproj*', and never looked back. The class message board is quickly filling up with posts like "Halp! DLL linking problems!"
Well this post was partly a joke (because it's a little ridiculous that this is the only way I can get it to work in Windows) and partly serious (because I really am completely content with this solution).
Really, I would give the VM solution a try. Overall it only took about 30 minutes to get mlton up & running with this approach, and that INCLUDES the download of Ubuntu, although granted that was from CMU with a fast Internet pipe.
The one caveat is, if I actually wanted a Windows EXE, so that I could say give it to other people who use Windows, I would not be able to do it. If I had that need, I would beg and plead Tom VII to tell me how to do it.
Yes, DLLs are like the final CS frontier and I am afraid I will never fully understand how they work. I think that Java has spoiled me in this way, since jars more or less work.


text:
Ed Taylor
Associate Solicitor
Mark Honeywell
Partner, Head of Charities & Social Enterprises and Education
Charities & Social Enterprises, Education
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I cannot recommend Lupton Fawcett enough, I have just been through a very complicated and high conflict financial divorce but throughout the whole experience Richard Buckley and Chris Burns were always on hand to give reassurance, incredibly sound advice and straightforward explanations when things got difficult. For anyone who finds themselves in a difficult situation I highly recommend this firm, it's the best decision you'll make.
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How a joint HR consultancy and employment offering saved the day
Employment situations can be tricky- particularly when they involve people in positions of trust within your firm.
Lupton Fawcett backs pioneering stent developer to scale up research
Lupton Fawcett is supporting a developer of next generation biodegradable stents to scale-up and commercialise its innovative products.
Private Law Children – Determining a specific issue
How Mediation helped separated parents arrive at good decisions
Chris Burns, Head of Family Law, discusses the new divorce laws
Lupton Fawcett Partner, Louise Connacher, discusses the issues around Gender Pay Gap Reporting, Changes to Data Protection law and the National Minimum Wage.
Book your free place today! Please join us for a topical and informative look at current legal issues surrounding HR and Employment law.
Lupton Fawcett Solicitors Sheffield, Sheffield City Centre
Brands, Creative Work and Unfair Competition
Module Leader/s: Clive Lawrence/John Sykes
Contracts for Sale of Goods and Supply of Services – the essentials
Module Leader: Jonathan Cripwell
Leading supply chain hardware, software and services company Renovotec has acquired 100% of Jade Solutions Ltd.
By Lupton Fawcett
Charlene Vilia promoted to Associate Solicitor
Yorkshire law firm Lupton Fawcett has promoted private client lawyer Charlene Vilia to Associate.
Lupton Fawcett Partner Qualifies as Notary Public
The head of the private client team at Lupton Fawcett, Hugh Thompson, has qualified as a Notary Public.
By Hugh Thompson
Lupton Fawcett – Supporting Family Mediation Week : 17 – 21 January 2022
There are many advantages of Family Mediation and Lupton Fawcett are proud to be supporting Family Mediation Week by promoting these benefits.
By Richard Buckley on 13th January 2022
The key employment law changes expected in 2022
With the COVID-19 pandemic causing many of the anticipated changes to employment law in 2021 to be postponed, 2022 is expected to see a number of legislative
By Caitlin Humble on 7th January 2022
Parenting through Separation at Christmas
Christmas can be a difficult time for separated parents, especially when going through the first Christmas after separation.
By Amy Hughes on 16th December 2021
Data Sharing – Mergers, Acquisitions and Insolvencies
The issue of lawful data sharing, under data protection legislation, often arise in mergers, acquisitions and changes in organisational structure including insolvency situations.
By Holly Dobson on 15th December 2021
Menopause matters in the workplace
With menopause-related tribunal cases on the rise, employers need to carefully consider the issue of the effects of the menopause in the workplace and provide
By Caitlin Humble on 10th December 2021
Data Sharing Made Easy (well, easier)
The new Data Sharing Code, (effective October 2021), provides welcome clarification, with useful checklists and examples.
By Holly Dobson on 7th December 2021


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Imagine being able to control your PC with a simple wand. Well, don't rush, we're not talking about a magical wand. Microsoft recently patented an augmented reality wand that you could use to control your PC, Xbox One and HoloLens.
The design of the wand is a mix between a magical wand and a gun. It has buttons, a trigger, and a finger guard. Although there is not much information available about this wand, we dare say that Microsoft could integrate it into Mixed Reality headsets next year.
As a quick reminder, the company is already working at full speed with various hardware manufacturers to make VR afforable to the general public. This year's holiday season will be dominated by a series of new VR headsets. Taking into account this trend, Microsoft will definitely want to spice things up and add new VR and augmented reality accessories to the table.
Traditional external sensors are not very practical. Moreover, users often experience various accuracy issues. Microsoft's augmented reality wand could fix all these problems, allowing users to quickly and easily control their devices with a simple and reliable tool.
Augmented reality wands to replace gaming controllers?
It's clear that the current trend in the gaming industry is AR an VR. There are already many VR and AR games available on the market and their number will only increase in the coming years. At the moment, AR and VR gaming equipment is quite heavy, but we're sure that hardware manufacturers will build smaller and more flexible gaming gear in the future.
As a result, we wouldn't be surprised if Microsoft's AR wand replaces traditional game controllers. Currently, the Oculus Touch is the best controller for VR games. It's small, reliable and powerful. However, if Microsoft decides to launch this AR wand, it may become very popular in the future thanks to its ergonomic design. We'll just have to wait and see how things evolve.
What do think about Microsoft's AR wand? Would you buy such a device?


Din was not always a product manager for Lab-Aids high school programs and Applied Science Kits and Modules. Many years ago he was a geology student at Amherst College and UC Santa Barbara, an exploration geologist in Colorado and Southern California, and an environmental geologist in Northern California. While doing these earlier jobs, he most enjoyed being outdoors and the opportunities for teaching and learning. Not unsurprisingly, this led to him becoming an Oakland Public Schools science teacher.
His passion for excellence in teaching and learning got him involved with a multi-year joint UC Berkeley and Educational Testing Service curriculum development project. With that in his background, in the late-1990s he joined SEPUP as a full-time curriculum developer. In the mid-2000s, when he moved to Vermont, he became the in-house product developer for Lab-Aids. Product development remains his favorite part of the job.


Adelphi is a Danish subtitling agency offering transcription, translation and subtitling of videos into Danish. We provide the subtitled Danish video in the style and format that you require ready to publish. Adelphi can also localise any on-screen text and graphics into Danish.
Adelphi offers a complete English to Danish subtitling service for advertising and design agencies, translation companies, and e-learning and media organisations worldwide. At Adelphi, we can handle any stage of your project, from producing the translations using our own in-house translation agency, creating Danish SRT files and localising any on-screen text, right through to the finished subtitled video ready to publish. Adelphi is a one-stop Danish subtitle localisation agency for all your Danish subtitling needs.
Our subtitling and voice-over department, Adelphi Studio, is part of Adelphi Translations Ltd., a full-service translation agency producing not only Danish translations and subtitles but also Danish typesetting and Danish voice-overs.
Adelphi is a Danish subtitling agency that aims to provide a full video localization service to our customers.
There are various styles of Danish subtitles that we can offer. Not just the style of Danish font but also whether or not to use an opaque background behind the text or even a stylised background for dramatic effect or no background at all. We can advise you on the options available to suit your video and even produce samples for you to consider.
Localising any on-screen text and motion graphics on your video into Danish. Depending on the individual graphics and the source software used to create them we could require the original data package it was produced in.
Using Adelphi's English to Danish translation services for subtitling, quality and timing can be closely controlled throughout the project, ensuring that your subtitles will always be ready to publish on or before your deadline. We also provide Danish subtitling for many translation agencies around the world and are happy to work with their translations. As some languages must use specific fonts in order to work with the subtitling software, we can consult with you on your needs and advise you of all of your options. Adelphi is a proud member of the Association of Translation Companies (ATC).
Our in-house subtitle translations department are experts in English to Danish translations and subtitle SRT files. SRT files are time-coded transcripts that can be imported into the subtitling software that then displays the correct subtitle in the correct sequence.
Danish uses the standard 26 letters of the Latin alphabet, plus three additional vowels, æ, ø, å, which are traditionally listed at the end of the alphabet.
These additional characters cause no issues with fonts when producing Danish subtitles.


Why e-Bike attracts the attention?
e-Bike is a useful daily urban transport system. Available mileage with a single charge of battery is approx. 7~80 km and a single recharge cost is 100 won only. Since this is not a fossil fuel transport, carbon footprint is zero and also, it has various advantages such as environmental friendly, economically efficient and health improvement and the users can be free from the traffic congestion and can have exercise through pedaling.
Because of these advantages, e-Bike market is growing rapidly. In accordance with the information from the bike industries, global sales volume of e-Bike was increased by 25% during last 3 years and it is expected to become over 40 million for this year from 3.206 million on 2012.
Lead batteries for e-Bikes tends to be replaced by Li-Ion. Cylindrical Li-Ion batteries that mainly used for laptop computers before are being used for e-Bikes now.
Samsung SDI is ranked No. 1 in small battery market for last 5 years and we are the manufacturer of the battery packs for e-Bikes. Since energy density of Li-Ion battery is very high, weight is 1/3 of lead battery and volume is 1/2 only. It also has the advantages such as fast recharging and more than 3 times of longer lifespan.
Samsung SDI is supplying the batteries not only to the domestic bike exclusive brand companies such as Alton and Samchunri but also to foreign manufacturers in Europe and China that e-Bike market is well developed. In accordance with the information from the market research organization, B3, Samsung SDI is ranked No. 1 in e-Bike Li-Ion battery market with 25% of market share during 4th quarter of last year.
e-Bike needs dozens of cylindrical Li-Ion batteries while only 3~6 of them are used for laptop computers. This means that the potential marketability of Li-Ion batteries for e-Bike not only has but also expands its great importance now. Industries expects more than 12% of e-Bike market growth in average until 2020.
Could the future of bike be an IT integrated object like electric vehicle?
While the battery is applied to the bike, it is expected that they will not only become the power source of the drive but also bring the innovation to the bike as it can be the energy source of various electronic-electric devices such as communication and monitoring instruments.
Use of display that shows the status of bike such as mileage, speed, momentum, residual battery, power generation etc. is actualized already and the auto transmission function that bike recognizes the geographical features by itself and allow the bike rider pedal with same power on the flatland and uphill road is under development now. Bike will be changed with unpredictable features in the future if this kind of various IT technologies are applied.


text:
Amid Avian Flu Fears, Doctors Probe Crow Deaths At Delhi Park
An official collecting a dead crow from a park in Delhi's Mayur Vihar area.
New Delhi:
A team of government veterinarians today began a probe into the unexplained deaths of several crows in a park in Delhi Mayur Vihar locality. The investigation comes at a time when some states like Haryana and Kerala have reported avian flu and culled hundreds of chicken and ducks to control the disease's spread.
Over the past 3-4 days, around 100 crows have died, including one today, according to Tinku Chowdhary, the caretaker of the Central Park at Mayur Vihar, Phase 3. A video showing dozens of crows dying in the park had gone viral a few days ago.
Two team of doctors from the Delhi government today visited the park to investigate the problem, according to Mr Chowdhary. A third such team will now carry some specimen of the dead cows to a laboratory to test them for the cause of their death.
One of the doctors who visited the spot said there are two possible reasons for such deaths: excessive cold or bird flu.
The doctor, however, added that bird flue mostly breaks out in wet areas. The real reason for these deaths, hence, will be confirmed only after examination.
Across India, lakhs of birds have been found dead in the last 10 days. At least five states – Haryana, Himachal Pradesh, Madhya Pradesh, Kerala and Rajasthan – have confirmed bird flu, sounding an alert as the authorities step up efforts to contain the spread.
The Kerala government has declared it a state-specific disaster and issued a high alert. To contain its spread, Tamil Nadu and Karnataka have blocked any entry of poultry from Kerala.
Bird flu or avian flu viruses can infect domestic poultry and other bird and animal species. The disease is "zoonotic" but infection in humans has not been reported in India, according to the government. A control room has already been set up in Delhi to monitor the situation.
Avian Bird Fluavian fluBird Flu
Revealed: Secrets behind Bengali celebs' good luck
Dr Prannoy Roy, Investor Ruchir Sharma On 2021's Top 10 Trends: Full Transcript