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John William Bailly
Painter & Professor
Author: John William Bailly
Professor/Painter/Study Abroad Faculty Director FIU Honors College
Miami Chicken Key Clean-Up
DEERING ESTATE CHICKEN KEY CLEAN-UPS
Canoe out to Chicken Key! Collect marine debris, swim, picnic, and earn service hours all in one…with Professor Bailly and your FIU classmates!
These events are ONLY for FIU students and alumni. Space is limited to 25 people per day. Students must arrive at the Deering Estate by 10:00 on the designated day.
Conservation & Research Specialist Vanessa Trujillo of the Deering Estate and Professor John William Bailly of FIU organize canoeing and snorkeling cleanups with FIU students. Marine debris is prevalent not only along the Miami coast, but also under the ocean's surface. The irreparable damage of this pollution on the flora and fauna of South Florida is tangible to any that enters the water: habitat destruction, wildlife entanglement, and the resulting deaths of marine mammals.
If you wish to participate in the Deering Estate Miami Ocean Cleanup, here is how to prepare.
Contact Professor Bailly at bailly.john@gmail.com Send him your mobile number and he will add you to the Chicken Key WhatsApp chat.
You will need to complete the required Deering Estate volunteer paperwork.
Each participant will receive certified volunteer hours from the Deering Estate.
Bring your own water shoes and gloves to pick up trash on the island. If you want to snorkel, bring your own mask, snorkel, and fins. It is suggested you wear a long sleeve swim shirt.
Bring a large reusable water bottle, a lunch, and a snack (energy bar and fruit are good).
Please bring large trash bags.
Always wear sunscreen. Bring bug spray as well.
If you are comfortable with it, bring a knife to cut ropes and fishing line out of mangroves.
We will encounter lots of marine life: manatees, sharks, crabs, stingrays. Always look, but never touch. Also, always check cans for octopus, crab, or fish before removing from water.
Bring your GoPro or camera. Share your photos with us!
Author John William BaillyPosted on 2019-10-29 2019-10-29 Categories ArtLeave a comment on Miami Chicken Key Clean-Up
Study Abroad Info Session October 2019
THE WHO WHAT WHEN WHERE WHY HOW
OF FIU HONORS EUROPE STUDY ABROAD
WITH PROFESSOR JOHN WILLIAM BAILLY
15 October, 2019 AT 03:30 PM IN SASC 160
Join Professor Bailly and Program Assistant Sofia Guerra for an introduction to the France, Italy, & Spain study abroad programs of the FIU Honors College. Whether you are going to Europe in Summer 2020 or considering 2021 or 2022, this session will be helpful.
Check out #fiuhonorsabroad2019 on Instagram for photos from Espana, France, & Italia. Check our FIU Broadcast Media major Lily Fonte's video and webpage of the 2019 Italy program.
https://alilykat.com/travel/italia-grand-tour-redux-2019
LEARN MORE ABOUT EACH PROGRAM
Espana Study Abroad
France Study Abroad
Italia Study Abroad
AUTHOR(S) AND LAST UPDATE
John William Bailly 15 October 2019
Author John William BaillyPosted on 2019-10-15 2019-10-15 Categories Art, Education, FIU, France, Italy, Spain, Study AbroadLeave a comment on Study Abroad Info Session October 2019
Study Abroad Info Session September 2019
September 06, 2019 AT 12:00 PM IN DM 100
This meeting is primarily for students already registered in FIU Honors 2020 France, Italy, or Spain study abroad. All Honors students, however, are welcome to attend. Parents and significant others are also welcome.
Check out #fiuhonorsabroad2019 on Instagram for photos from Espana, France, & Italia
(Photo by JW Bailly CC BY 4.0)
Centre d'histoire de la Résistance et de la Déportation (CHRD) (Photo by Leo Carbajo CC by 4.0)
Mémorial National de la prison de Montluc (Photo by JW Bailly CC BY 4.0)
John William Bailly 04 September 2019
Author John William BaillyPosted on 2019-09-04 2019-09-04 Categories Art, Education, FIU, France, Italy, Spain, Study AbroadLeave a comment on Study Abroad Info Session September 2019
John William Bailly. 28 July 1896, 2019. Oil on panel.
Silas Austin was the first registered name on the charter to incorporate @cityofmiami on 28 July 1896. My painting reflecting on that moment is at auction to benefit the @loweartmuseum of the @univmiamiIndividuals can bid here https://one.bidpal.net/eveningofart19/browse/all(details:item/5)
@lns_gallery
Author John William BaillyPosted on 2019-04-24 Categories Art, Art Exhibition, Miami, PaintingLeave a comment on
Study Abroad Info Session March 2019
March 19, 2019 AT 3:30 PM IN RB 120 – 3 HONORS POINTS
Join Professor Bailly for an introduction to the France, Italy, & Spain study abroad programs of the FIU Honors College. Meet students that have completed the programs and have all your questions answered. Whether you are going to Europe in Summer 2020 or considering 2021 or 2022, this session will be helpful.
Stephanie Sepúlveda & John William Bailly 18 March 2019
Author John William BaillyPosted on 2019-03-18 2019-03-19 Categories Art, Education, FIU, France, Italy, Spain, Study AbroadLeave a comment on Study Abroad Info Session March 2019
Miami in Miami Class
Miami exists often as Gabriel García Márquez describes Macondo:
"Macondo is not so much a place as a state of mind, which allows you to see what you want, and how you want to see it."
The "Miami in Miami" (MIM) seminar examines the historical, social, and cultural identity of Miami. Through field research, students will explore the Who, What, Where, When, Why, and Howof the city and its surroundings. The course will go beyond the four walls of a traditional university setting, and use Miami itself as its classroom. We will walk, talk, and eat our way through the streets and history of Miami, posing questions and searching for answers. By exploring the myth and reality of Miami, this FIU Honors College seminar will formulate an understanding of the core of this vibrant and diverse city. The course will include excursions to Vizcaya Museum & Gardens, the Deering Estate, and Everglades National Park, among others. This seminar is taught by Professor John William Bailly (MFA, Yale University) who has spent a decade leading students on study abroad in Europe.
IDH 3034-3035: Miami in Miami taught by Professor John Bailly.
honors.fiu.edu
Author John William BaillyPosted on 2019-03-11 2019-03-11 Categories ArtLeave a comment on Miami in Miami Class
FIU Honors College Study Abroad
Nick Gomez of FIU Honors College at Ostia Antica (Photo by JW Bailly CC BY 4.0)
October 23, 2018 AT 3:30 PM IN GL 100
Author John William BaillyPosted on 2018-10-23 Categories ArtLeave a comment on FIU Honors College Study Abroad
2018 Midterms Florida-How I'm Voting
This is OUR Florida.
Miami-Dade residents: get your customized sample ballot here
https://www8.miamidade.gov/global/service.page?Mduid_service=ser1511964640434245
Below is how I will vote. Feel free to comment below. I live in Precinct 804 of Miami-Dade County, Florida. I am an independent/No Party Affiliation (NPA). Your ballot will be different based on your precinct. I'm an artist, not a writer. Therefore, below are quotes and links that have informed my decisions. Feel free to comment.
United States Senator for Florida
Bill Nelson 11
Scott (Governor Scott, currently running for US Senate) has argued that the saltwater red tides are a natural occurrence, which is true but somewhat beside the point, because pollution makes them much worse. He has tried to blame the freshwater blue-green algae on Nelson and Congress, for complicated reasons involving a leaky dike around Lake Okeechobee in the middle of the state. But water quality is a state responsibility, and while Scott has made occasional eco-friendly moves during his eight years in office, he has consistently weakened regulation and enforcement of the nutrients that fuel algae blooms. And even though warmer water can supercharge those blooms, as well as hurricanes like Michael that can spread those blooms, Scott has not pushed policies designed to prevent climate change. State employees in his administration were even reportedly cautioned not to say those two words.
Michael Grunewald
https://www.politico.com/magazine/story/2018/10/14/florida-senate-race-rick-scott-bill-nelson-algae-221272
Representative in Congress District 27
Donna Shalala 21
Defend and improve the Affordable Care Act. Florida's 27th District has the highest number of people enrolled in the ACA marketplace in the entire country. Taking that coverage away would do irreparable damage to the health of our community. Create a "Medicare Option for All" by enhancing Medicare to better cover routine dental and vision, and long-term care, and make it available to anyone regardless of income, immigration status, or age. At the same time, preserve employer coverage as an option for those Americans satisfied with their current coverage.
https://donnashalala.com/healthcare/
Governor and Lieutenant Governor
Andrew Gillum 24
What have you accomplished in Tallahassee that you'd like to make happen for the rest of the state?
For starters, our crime rate is at a 10-year low. We leaned in on restorative justice. I banned the box [which job applicants had to check if they'd been convicted of any crimes]; we measure you on your merit in Tallahassee. The week that President Trump was pulling out of the Paris climate accord, I broke ground on a 120-acre solar farm in my community. We're out there talking about what we've done, not just what I believe. That's important. It's not just theoretical.
Gillum interview in Rolling Stone
https://www.rollingstone.com/politics/politics-news/andrew-gillum-florida-voters-black-governor-712192/
Sean Shaw 31
State Rep. Sean Shaw, the Democratic candidate for Attorney General, vows to aggressively take on fraud in Florida, as well as policies of the Republican-led Legislature and even President Donald Trump, if elected to the Cabinet position. Former Hillsborough County Circuit Judge Ashley Moody, the Republican candidate, wants to build on the work of her friend, the term-limited Bondi, which means expanding the state's battle against the opioid epidemic and continuing a fight against the federal Affordable Care Act.
http://floridapolitics.com/archives/277721-ashley-moody-sean-shaw-offer-contrasts-in-attorney-general-race
Jeremy Ring 34
About an hour before the workday ended for most state employees, Florida Chief Financial Officer Jimmy Patronis left the state Capitol in a government-owned Chevy Tahoe, drove to a political consultant's business and promptly caused a car crash. In most Florida agencies — including Patronis' own — a state worker's personal use of a state-owned vehicle is generally prohibited. But Patronis' office said the CFO was allowed personal use of the vehicle because he reimbursed the state for it. However, Patronis only cut a single $4,015.62 reimbursement check on the exact day that POLITICO made a general inquiry of his agency for its vehicle-reimbursement policy. And that was seven months after Patronis wrecked the car.
Marc Caputo, POLITICO
https://www.politico.com/states/florida/story/2018/06/22/florida-cfo-cut-late-reimbursement-check-after-wrecking-state-car-on-way-to-meet-political-consultant-482375
Commissioner of Agriculture
Nicole "Nikki" Fried 36
I believe in science. I believe that sea-level rise caused by climate change is already hurting Florida. Pulling out the Paris Climate Agreement was the wrong decision not only for our nation, but for our planet. As your next Commissioner of Agriculture and Consumer Services, my administration will work to ensure that our state makes responsible choices to combat the effects of climate change and sea-level rise. In the short-term, this means working with local governments to implement preparedness and resiliency measures. In the long-term, it means taking steps to reduce our state's carbon footprint. I will also lean on the legislature to ban off-shore drilling and fracking.
Nikki Fried
https://nikkifried.com/priorities/
State Senator, District 40
Annette Taddeo 41
Senator Taddeo has never—and will never—stop fighting for a quality public education system that puts students first. Her entire career, she has been a passionate advocate for ending high-stakes standardized testing and stopping the flow of money from our public schools to for-profit corporations. It is unconscionable to be discussing arming teachers when they earn $10,000 below the national average, and she will always vote against legislation that deprives Miami-Dade students of the funding and support that they deserve.
https://annettetaddeo.com/priorities/
State Representative, District 115
Jeffrey Solomon 57
Miami-Dade's economy is at risk due to the lack of reliable mass transit. I have a proven track record as a strong advocate of expanding transit service in Miami-Dade. I understand the need for affordable and reliable transit options and will fight to expand service into our southern and western communities.
Jeffrey Solomon
https://www.docsolomonforhouse.com/priorities
Justice of the Supreme Court
Alan Lawson
When the 5th District Court of Appeal ruled in 2011 that a child can have two legally recognized mothers, Lawson disagreed. The high profile case involved a custody battle between a lesbian couple who conceived a child when one woman provided a fertilized egg to the other, who carried the baby and gave birth. The couple's relationship later deteriorated, and the birth mother left the country with the child and denied her ex-partner a relationship with the child. Lawson argued in his dissent that only the birth mother was entitled to custody and that the court shouldn't recognize the other woman's parental rights "unless we are also willing to invalidate laws prohibiting same-sex marriage, bigamy, polygamy or adult incestuous relationships on the same basis." He also earned plaudits from conservatives for a 2015 opinion that upheld a temporary injunction barring Planned Parenthood of Greater Orlando from performing abortions at a Kissimmee clinic.
Florida Trend
https://www.floridatrend.com/print/article/21577
District Court of Appeal
Kevin Emas
Ivan F. Fernandez
Norma Shepard Lindsey
Robert Joshua Luck
Circuit Judge, 11th Judicial Circuit Group 14
Renee Gordon 79
I have represented more than two thousand (2,000) juvenile respondents in proceedings where the State Attorney announced an intent to transfer the matter to the adult criminal court.
Renee Gordon
https://www.floridabar.org/wp-content/uploads/2018/07/2018-Circuit-11-14-Gordon.pdf
FLORIDA AMENDMENTS. These require 60% to pass
Constitutional Amendment Article VII, Section 6 Article XII, Section 37
Increased Homestead Property Tax Exemption
Proposing an amendment to the State Constitution to increase the homestead exemption by exempting the assessed valuation of homestead property greater than $100,000 and up to $125,000 for all levies other than school district levies. The amendment shall take effect January 1, 2019.
Constitutional Amendment Article XII, Section 27
Limitations on Property Tax Assessments
Proposing an amendment to the State Constitution to permanently retain provisions currently in effect, which limit property tax assessment increases on specified nonhomestead real property, except for school district taxes, to 10 percent each year. If approved, the amendment removes the scheduled repeal of such provisions in 2019 and shall take effect January 1, 2019.
"Three South Florida property appraisers have written an op-ed in Sunday's opinion page supporting the amendment. They say: 'A Yes vote will avert a sudden and largely unexpected tax crisis for more than 530,000 residential and business property owners in Miami-Dade, Broward and Palm Beach counties.' They are in the financial trenches; we'll follow their advice — voters should, too."
https://www.miamiherald.com/opinion/editorials/article219635000.html#storylink=cpy
Constitutional Amendment Article X, Section 29
Voter Control of Gambling in Florida
This amendment ensures that Florida voters shall have the exclusive right to decide whether to authorize casino gambling by requiring that in order for casino gambling to be authorized under Florida law, it must be approved by Florida voters pursuant to Article XI, Section 3 of the Florida Constitution. Affects articles X and XI. Defines casino gambling and clarifies that this amendment does not conflict with federal law regarding state/tribal compacts.
The amendment's impact on state and local government revenues and costs, if any, cannot be determined at this time because of its unknown effect on gambling operations that have not been approved by voters through a constitutional amendment proposed by a citizens' initiative petition process.
Constitutional Amendment Article VI, Section 4
Voting Restoration Amendment
This amendment restores the voting rights of Floridians with felony convictions after they complete all terms of their sentence including parole or probation. The amendment would not apply to those convictedofmurderorsexualoffenses,who would continue to be permanently barred from voting unless the Governor and Cabinet vote to restore their voting rights on a case by case basis.
The precise effect of this amendment on state and local government costs cannot be determined, but the operation of current voter registration laws, combined with an increased number of felons registering to vote, will produce higher overall costs relative to the processes in place today. The impact, if any, on state and local government revenues cannot be determined. The fiscal impact of any future legislation that implements a different process cannot be reasonably determined.
On Nov. 6, Floridians will have a chance to approve the single largest expansion of the franchise since women's suffrage: a constitutional amendment that will restore voting rights to 1.5 million rehabilitated felons. The proposal, Amendment 4, would repeal a Jim Crow relic in the Florida Constitution that strips civil rights from formerly incarcerated citizens, permanently transforming the state's electorate.
Mark Joseph Stern, Slate
https://slate.com/news-and-politics/2018/10/florida-amendment-11-nra.html
Constitutional Amendment Article VII, Section 19
Supermajority Vote Required to Impose, Authorize, or Raise State Taxes or Fees
Prohibits the legislature from imposing, authorizing, or raising a state tax or fee except through legislation approved by a two-thirds vote of each house of the legislature in a bill containing no other subject. This proposal does not authorize a state tax or fee otherwise prohibited by the Constitution and does not apply to fees or taxes imposed or authorized to be imposed by a county, municipality, school board, or special district.
Constitutional Revision Article I, Section 16
Article V, Sections 8 and 21 Article XII, New Section
Rights of Crime Victims; Judges
Creates Constitutional rights for victims of crime; requires courts to facilitate victims' rights; authorizes victims to enforce their rights throughout criminal and juvenile justice processes. Requires judges and hearing officers to independently interpret statutes and rules rather than deferring to government agency's interpretation. Raises mandatory retirement age of state justices and judges from seventy to seventy-five years; deletes authorization to complete judicial term if one-half of term has been served by retirement age.
Constitutional Revision Article IX, Sections 7 and 8 Article X, New Section
First Responder and Military Member Survivor Benefits; Public Colleges and Universities
Grants mandatory payment of death benefits and waiver of certain educational expenses to qualifying survivors of certain first responders and military members who die performing official duties. Requires supermajority votes by university trustees and state university system board of governors to raise or impose all legislatively authorized fees if law requires approval by those bodies. Establishes existing state college system as constitutional entity; provides governance structure.
Constitutional Revision Article II, Section 7 Article X, Section 20
Prohibits Offshore Oil and Gas Drilling; Prohibits Vaping in Enclosed Indoor Workplaces
Prohibits drilling for the exploration or extraction of oil and natural gas beneath all state-owned waters between the mean high water line and the state's outermost territorial boundaries. Adds use of vapor-generating electronic devices to current prohibition of tobacco smoking in enclosed indoor workplaces with exceptions; permits more restrictive local vapor ordinances.
Constitutional Revision Article III, Section 3
Article IV, Sections 4 and 11 Article VIII, Sections 1 and 6
State and Local Government Structure and Operation
Requires legislature to retain department of veterans' affairs. Ensures election of sheriffs, property appraisers, supervisors of elections, tax collectors, and clerks of court in all counties; removes county charters' ability to abolish, change term, transfer duties, or eliminate election of these offices. Changes annual legislative session commencement date in even-numbered years from March to January; removes legislature's authorization to fix another date. Creates office of domestic security and counterterrorism within department of law enforcement.
Constitutional Revision Article I, Section 2
Article X, Sections 9 and 19
Property Rights; Removal of Obsolete Provision; Criminal Statutes
Removes discriminatory language related to real property rights. Removes obsolete language repealed by voters. Deletes provision that amendment of a criminal statute will not affect prosecution or penalties for a crime committed before the amendment; retains current provision allowing prosecution of a crime committed before the repeal of a criminal statute.
Another proposal, Amendment 11, would repeal a constitutional provision that bars the Legislature from applying criminal justice reforms retroactively. Thanks to this archaic rule, thousands of Floridians are languishing in prison under mandatory minimum sentences that have since been dramatically reduced. Yet Amendment 11 has proved substantially more controversial than Amendment 4, drawing opposition from liberals who worry it will be exploited by gun rights advocates. This rift on the left creates a very real risk that a vital reform will be stymied by inflated fears of the National Rifle Association.
Constitutional Revision Article II, Section 8 Article V, Section 13 Article XII, New Section
Lobbying and Abuse of Office by Public Officers
Expands current restrictions on lobbying for compensation by former public officers; creates restrictions on lobbying for compensation by serving public officers and former justices and judges; provides exceptions; prohibits abuse of a public position by public officers and employees to obtain a personal benefit.
Constitutional Revision Article X, New Section Article XII, New Section
Ends Dog Racing
Phases out commercial dog racing in connection with wagering by 2020. Other gaming activities are not affected.
County Referendum 1
Charter Amendment Relating to Nonpartisan Election of Clerk of the Circuit Court
Shall the Charter be amended to require that the election of Clerk of the Circuit Court be conducted on a nonpartisan basis and that no ballot shall show the party designation of any candidate for Clerk of the Circuit Court?
Charter Amendment Relating to County Appointed Officials and Employees Running for Certain Elective Office
The Charter currently requires that County appointed officials or employees qualifying to run for federal, state or municipal elective office take a leave of absence and, if elected, immediately forfeit their County position. Shall the Charter be amended to limit this restriction to only apply to County officials and employees who qualify as a candidate for certain County elected offices?
Charter Amendment Relating to Review of Initiatory Petitions for Legal Sufficiency
Shall the Charter be amended to require that the Board of County Commissioners shall determine the legal sufficiency of an initiatory petition at the next Board meeting after the Clerk of Courts approves the petition form rather than after the required signatures have been gathered?
Charter Amendment Regarding Elections for County Commissioners and Mayor
Shall the Charter be amended to provide that when a candidate for County Commission or Mayor withdraws, becomes disqualified, or becomes deceased prior to an election no votes cast for such candidate shall be counted and that when a candidate for County Commission or Mayor is unopposed in an election after the close of qualification such candidate shall be deemed elected to office?
Charter Amendment Prohibiting Certain Payments Circulators of Initiatory Petitions
Shall the Charter be amended to prohibit any person circulating an initiatory petition from paying or offering to pay any individual or organization, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained for circulating the petition and invalidate any petitions collected in violation of this prohibition?
School Board Referendum
Referendum to Approve Ad Valorem Levy for Teachers, Instructional Personnel, School Safety and Security
Shall the School Board of Miami-Dade County, Florida, levy 0.75 mills of ad valorem taxes for operational funds (1) to improve compensation for high quality teachers and instructional personnel, and (2) to increase school safety and security personnel, with oversight by a Citizen Advisory Committee, beginning July 1, 2019, and ending June 30, 2023?
Author John William BaillyPosted on 2018-10-23 2018-10-23 Categories ArtLeave a comment on 2018 Midterms Florida-How I'm Voting
FIU Honors Study Abroad Session
Author John William BaillyPosted on 2018-10-23 2018-10-23 Categories ArtLeave a comment on FIU Honors Study Abroad Session
FIU Lunch at Vizcaya
Vizcaya Museum and Gardens. (Photo by JW Bailly CC BY 4.0)
LUNCH WITH PROFESSOR BAILLY AT VIZCAYA
THURSDAY 01 NOVEMBER FROM 1-2 PM
http://vizcaya.org
Rebecca Peterson of Vizcaya Museum and Gardens and John William Bailly are cohosting a Civic Dinner on Miami Transit Mobility for current and former FIU Honors College students. Come and share your experiences and thoughts on transportation in Miami. Thursday 01 November from 1-2 PM.
"The week of October 29 — November 2, the Miami-Dade TPO is hosting 50 Civic Dinners to discuss how to best increase transportation mobility options with residents and business leaders. Join an event exploring the current needs of public transportation users, the daily barriers to frequent ridership, and what it will require to develop and maintain a world-class transportation system."
Vizcaya is providing complimentary admission and complimentary lunch. Vizcaya is also giving each participant 2 free tickets to one of their upcoming night events (including Gardens by Moonlight!).
All participants will receive:
1. Free admission to Vizcaya Museum & Gardens
2. Free lunch provided by Vizcaya
3. Two free tickets to a future Vizcaya Program event.
This event is organized by Civic Dinners for the Miami-Dade Transportation Planning Organization. This is your chance to help frame the future of Miami. Be a part of the Miami conversation.
Space is limited. You must request an invitation from Professor Bailly (bailly.john@gmail.com) and then RSVP on the Civic Dinners website.
Author John William BaillyPosted on 2018-10-23 2018-10-23 Categories Art, MiamiLeave a comment on FIU Lunch at Vizcaya
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Each year the Group Foundation for Advancing Mental Health provides hundreds of scholarships for early career mental health professionals to attend the annual American Group Psychotherapy Association's (AGPA) conference which provides high quality training in group leadership and group therapy. They would otherwise be unable to afford to attend. The skills, education and training they receive at the conference directly profits the patients and communities they serve.
Please become a donor or sponsor which will directly help the psychotherapy education, research, training, and information dissemination for the benefit of the public and early career professional communities.
*All donations can be submitted as a tax deduction.
Silver Sponsor ($250) Half Page ad in the Event's program.
Gold Sponsor ($500) Full Page ad in the Event's program.
You will be directed to PayPal for processing.


The skills gained in servicing for more than 40 years has given BEPRO STEEL a full understanding of client requirements regardless of project size, complexity and geographical area of operation.
We provide FOB deliveries to Duisburg, Bremen, Hamburg, Antwerp and Rotterdam. Packing, bundling, marking, preparation of documents and delivery in due time are provided by us quickly, reliably and professionally.
Quality certificates are available for all materials which you purchase from us.
Additional inspections by Germanischer Lloyd, Lloyd's Register of Shipping or any other third parties can also be offered.


There are various airports that operate within Norway. Oslo Airport (OSL) is one of Norway's primary airports with at least domestic flights and international flights departing from its runways every week. As of today, Oslo Airport (OSL) offers nonstop flights to cities and has airlines operating out of it.


Hank, the lovable, grumpy red octopus in Pixar's, Finding Dory, could escape from his tank, change color and shape, carry Dory around in a cup, and drive a truck. His real-life counterparts may not be quite as accomplished, but they are some of the most intelligent of all invertebrate life.
Octopuses can unlock aquarium tanks and escape, camouflage themselves by changing color and shape and can twist lids off jars to get a delicacy inside. Other sea creatures in the same group, called coleoid cephalopods, also show high levels of intelligence. Squid communicate with each other by flashing colors at varying speeds, and cuttlefish learn from visual information before they are born.
If Darwin's theory of evolution is correct, these clever sea creatures should have evolved their incredible abilities through DNA mutations. But evolutionary researchers at the Marine Biological Laboratory in Massachusetts and Tel Aviv University were shocked to discover RNA edits in the coleoids.
RNA is a messenger substance that takes the genetic instructions the DNA carries and delivers them to the protein-making machinery in cells. The study, published in the journal Cell, found numerous RNA sites that had changed, or edited themselves, in response to changes in the environment.
Evolutionary theory claims organisms evolve and adapt through blind, chance mutations that take place in the DNA. Eventually, through the process of natural selection, those without advantageous mutations die out.
The study found the coleoids were not adapting to the environment through random DNA mutations but through RNA edits. The instructions the RNA delivered to protein-making cells was different than the instructions in the DNA. Where RNA editing sites were numerous, the blind and random DNA mutations predicted in Darwinian theory were greatly depleted, indicating RNA editing in the creatures superseded DNA mutations.
The editing sites were especially numerous in the coleoids' nervous systems and brains, suggesting RNA editing likely was responsible for their high level of behavioral sophistication.
Although vertebrates and humans also have the capacity to edit RNA, it happens very infrequently. Only a fraction of 1 percent of proteins are edited in humans and the edits often don't persist over time. But, "with these cephalopods … most of the proteins are being edited," Eli Eisenberg a biophysicist at Tel Aviv University in Israel, said in a statement.
There must be some type of signaling system, he explained, that tells the RNA when and where to perform its editing. But from a Darwinian perspective, that signaling system could only have evolved through an extreme number of DNA mutations. Also, most of the potential editing sites would not be useful for adaptation, they might be neutral or they might even be harmful. The process would need to try out each possible editing site, but there are thousands of them.
And, in order for the creature to adapt, multiple sites would need to work together—an astronomically difficult task, Hunter said.


ASTM International announced a new technical subcommittee of the organization's Committee on Cement (C01) focused on exploring non-hydraulic alternatives to portland cement. The group will hold its inaugural gathering on June 15 in Toronto amid ASTM International's Committee Week meetings.
C01 launched Subcommittee C01.14 to develop standards for non-hydraulic cements because of a growing interest by design, engineering and construction professionals. Committee members invite cement and concrete producers, contractors and other parties with an interest in non-hydraulic cements to join the new subcommittee.
ASTM committees are made up of over 32,000 volunteers and include manufacturers and consumers, as well as other interest groups such as government or academia. Any interested individual can participate on a technical committee through ASTM membership.


Most Walkable Cities - Which Connecticut cities make the list?
Some cities' policy and planning efforts are making walking an everyday means of commuting. That's the case in Cambridge, MA, where nearly a quarter of residents walk to work, far more than any other larger U.S. city.
New Haven comes in at a very respectable 8th place, with 11.2% of its residents walking to work.
Governing.com's Walkable Cities Map shows US cities where the most residents walk to work, with detailed data for 300 jurisdictions. Connecticut comes in with New Haven at 11.2%, Hartford at 7.9%, Bridgeport at 4.3%, and Waterbury at 2.6% of commuters walking to work.


With this ticket purchase, I hereby acknowledge that participating in this "Yarn Mill Tour: Hoof to Hanger" may expose me to possible loss or harm and that I should not participate in this tour unless I am medically and physically able to do so. I, with full knowledge and understanding of the foregoing, am voluntary participating in this tour. I, for myself and for anyone who might claim on my behalf, covenant not to sue and hereby WAIVE, AND RELEASE Sarah Jamison [dba; Firefly Fiber Arts Studio], or its agencies, volunteers and their representatives, employees and assigns from ANY AND ALL CLAIMS, LIABILITIES, AND CAUSES OF ACTION, whether foreseen or unforeseen which may arise from my travel to, participation in, or return from this tour.


In the mist of everyday life consisting of assignments, working and attending class… I can always count on my lipstick to be the highlight of my day! I went with this stila color from one of their holiday kits and it's called Lume! Hot or Not!?
Posted in Bold lippie, Braid styles, HighlightTagged stila cosmetics; Ghana BraidsBookmark the permalink.


Snaps are containerized software packages designed to work across cloud, desktop, and IoT devices. They work natively on most popular Linux distributions, feature automatic updates for users, improved security, and greater flexibility for developers working in Linux environments. Their auto-updating and transactional nature is making snaps a popular choice for the delivery of desktop applications in particular.
The Node.js snap contains the Node.js runtime, along with the widely-used package manager npm. So with a single command, developers can be up and running with their chosen version(s) of Node.js and supporting tools with no need for external repos or personal package archives (PPAs).
NodeSource already actively maintains a wildly popular comprehensive set of Linux packages for most modern Linux distributions, across all actively supported versions of Node.js. By extending our build system to include Snaps, we are able to deliver Node.js fresh to your Linux systems within hours (or minutes!) of their formal release by the Node.js project in many convenient forms.
NodeSource engineers leveraged the channels feature of the snap store when setting up the Node.js snaps, enabling us to have multiple releases of Node.js concurrently available in the store running on separate "tracks". Users of the Node.js snap can select a track to follow and be confident that they won't be automatically upgraded to another major release.
Please be aware that due to their auto-updating nature, Snaps are not necessarily appropriate for the deployment of your Node.js applications to production. NodeSource recommends a stable and integration-tested deployment pipeline for your Enterprise applications. However, Snaps represent an excellent way to keep developer machines updated and allow for trivial and convenient switching between Node.js versions.


કે તને ચાહવું એટલે ?!
લોકગીત.	જુદી જિંદગી છે – મનુભાઇ ત્રિવેદી 'સરોદ'/'ગાફિલ'.
Vary subtle and thought provoking.
'Hovapanu' – Existance has been touched upon well , recently by Vivek in his gazals.
But in the consciousness context- what is love? A very big question.
આભાર અમિત… સુંદર કવિતા છે!
ખૂબ જ સુંદર કવિતાઓનો કાફલો છે તમારી પાસે.
Nice to see your blog for first time, have good collection.
U 'll not belive but more than 20 -30 times i read this peom still feel unsatisfaction….its too good..


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Stargirl (now on Season 3!)
Posted by Rob Staeger (Grodd Mod) on September 2, 2022 at 10:27am in Movies and TV
I did a search, and I didn't see a Stargirl thread... so here's one, fresh for Season 3!
In my opinion, it's an excellent superhero show, full of optimism and humor, with writing that's still sharp and from the heart. It's chock full of Easter eggs for DC fans -- especially Earth-2 fans -- and is presenting us with a young version of the Justice Society -- first with Stargirl and STRIPE, but also Wildcat, Dr. Midnight, and Hourman, with likely new additions Shiv and Artemis, and hopefully Jade and Obsidian will show up (or in Jade's case, return). Plus we've got the Shade, Eclipso, various members of the Injustice Society, and now Starman/The Star-Spangled Kid!
In the next post, I'll be discussing my thoughts on the season 3 premiere. Going to have to break out the spoiler emojis for that one. But if you're not watching this, and DC superhero shows are your thing, I urge you to give it a try! It's a ton of fun.
Permalink Reply by Rob Staeger (Grodd Mod) on September 2, 2022 at 2:38pm
So we've got three main dramatic throughlines to Season 3, as I see it. And the season's title, Frenemies, fits all three of these plots to a T. So let's have some spoiler space and talk about them.
First up, there's the death of...
...the death of the Gambler, who fought the team in an earlier season. This will probably be a basic murder mystery plot, with enough red herrings and misdirection to make the team (and other cast members) distrust each other, or in some cases heighten their existing mistrust. Which brings me to the second throughline:
Courtney's insistence on forgiving her former enemies. Shiv, Artemis, The Gambler, Shade, Huntress, Sportsmaster -- they're all former enemies or rivals of one sort or another. Some have done worse things than others. Some of their reform is more sincere than others. But Courtney right now has an open-door policy on second chances. Is that laudable? Sure, she's got a big heart. Is it realistic? It's not likely that all of these bad pennies will turn up good. Is Courtney doing harm to her existing friends by forgiving these people? In some cases, yes.
Shiv, particularly, committed a transgression that isn't Courtney's to forgive. She leaked Yolanda's nude photos topless photo to the school. In welcoming Cindy into the JSA, Courtney is ignoring the real hurt Cindy caused, and ignoring genuine pain on Yolanda's part. That's going to cause conflict. I'm sorry it's not between Courtney and another character, however, as Yolanda already left the JSA last season.
And finally, plot #3...
And third, which I mentioned in another thread, is the return of Sylvester Pemberton -- Starman. I think Joel McHale is perfect in the role -- he makes a show of genuinely trying to be a better person, and he says he's giving up the staff for Courtney, but he's still considers Pat subservient to him, and his actions with the staff -- putting a display case right next to his bed -- is a far cry from wanting to distance himself from it. So we've got a returned-from-the-dead hero alive again under mysterious circumstances, coming back and starting to take the hero's place while his former sidekick is overjoyed to see him -- but still feels a little uneasy.
I think that's because we're about to watch The Return of Barry Allen, but played out with the Stargirl cast instead. I'm looking forward to it immensely.
Permalink Reply by Jeff of Earth-J on September 2, 2022 at 2:49pm
Well thought-out post. I agree with everything you said (except I'd change the word "nude" to "topless" regarding Yolanda's photo (singular). But you're right: Shiv's transgression isn't Courtney's to forgive.
I commented elsewhere that Starman is thoroughly unlikeable (and yes, Joe McHale is perfect in the role). He completely disregards Courtney's feelings and lies to her. He's not much better with Pat, ignoring what he says, talking over him and referring to him as "sidekick" (even going forward) rather than "partner."
Thanks. Yeah, you're right about the circumstances of Yolanda's photo. I'll change that. And Joel McHale in this role is a real advantage here -- but it highlights another difference between Sylvester and Barry. Readers had always -- or almost always -- seen Barry as kind and level-headed and inspirational. Besides being a hero, he was just a really good guy. Whereas with Sylvester, we've already seen him as ego-driven and self-centered. So the audience might not have the shock of a hero falling off his pedestal that we did in the comics. On the other hand, we'll have Luke Wilson on hand to really sell the disillusion and heartbreak that represents.
Permalink Reply by Richard Willis on September 2, 2022 at 5:22pm
.....the death of the Gambler
I thought it was odd (and intentional?) to not show his body. I suspect that he wasn't the victim.
Permalink Reply by PowerBook Pete, the Mad Mod on December 1, 2022 at 6:55pm
I never thought I'd see Dolores Winters in a TV series.
Congo Bill!
"The Return of Barry Allen"? It's "The Golden Age"!
Permalink Reply by Jeff of Earth-J on December 1, 2022 at 7:44pm
"I commented elsewhere that Starman is thoroughly unlikeable (and yes, Joe McHale is perfect in the role)."
As of last night's episode, we now know exactly is going on with Starman.
One episode to go!
Permalink Reply by Richard Willis on December 8, 2022 at 2:57am
Stargirl Creator Geoff Johns Talks Series Finale Twists, Alternate Ending and That Superfun Time Jump
'Stargirl' Recap: Series Finale Explained — Geoff Johns Interview |...
Permalink Reply by Richard Willis on December 12, 2022 at 9:53pm
A Heartfelt Tribute to the Stargirl Series
Permalink Reply by Captain Comics on December 13, 2022 at 12:30am
Aww. That kinda choked me up.
Richard Willis said:
Permalink Reply by PowerBook Pete, the Mad Mod on December 13, 2022 at 9:10am
I enjoyed the series' final episode. I think it ended well.

redpajama_set_name: RedPajamaCommonCrawl


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What, exactly, is a "knowledge platform?"
From the moment of its founding in January 2010, THAI ART ARCHIVES has pursued a comprehensive mission. This mission acknowledges how in any attempt to recollect the past—or even to thoughtfully reflect on the present—we are bound to gain new insights into an artist's creative processes, the complexities of an artistic movement, or the wider cultural ramifications of any given moment in history. New insights, whether they be panoramic and paradigm-changing, or merely partial glimpses, warrant public attention. Just as important, they deserve to be integrated into regional and global histories. If there are, in fact, many "moderns" around the globe—as John Clark has persuasively argued in Asian Modernities [Power Publications, 2010]—a well-reasoned global history will accord each one its full due, thereby acting as a valuable corrective for otherwise persistent Euramerican biases.
In this spirit, the THAI ART ARCHIVES aims to study collections comprehensively, in hopes of contributing new knowledge to our understanding of Thai modern and contemporary art and the full nature of its heritage for future generations. Every era in history has its own "Thai contemporary"; just as important, every era in history has multiple definitions of the "modern" vying for a place in collective memory. Ancient and pre-modern subjects continue to win attention from archeological and antiquarian societies (as in the case of monument restoration and conservation, or heritage-site administration); similarly, the Thai modern and contemporary avant-garde begs a more thorough curatorial and scholarly attention.
The TAA as "knowledge platform" therefore makes the studying and researching of collections---as well as the locating, exhibiting, and preserving them---a high priority. To remain true to that ideal, we conceive of topics in the manner of great museum exhibitions, stimulating symposia, and lively seminars. We carry out research in collaboration with the world's finest colleagues. And we emphasize providing students and scholars with first-rate, hands-on experience with "international-standard" archival and museum projects. Our ideals include pushing research towards publishing and exhibitions featuring recent findings, all towards the ideal of adding new, concrete knowledge to our understanding and appreciation of recent history.
[Photo: John Clark, Asian Modernities: Chinese and Thai Art Compared, 1980 to 1999 (2010; Power Publications, Power Institute Foundation for Art and Visual Culture, University of Sydney); by kind permission of the author and publisher; ALL RIGHTS RESERVED. John Clark is an Advisory Board Member of Thai Art Archives.]
Internships/Fellowships
FOR EACH OF THE PROJECTS LISTED BELOW, COURSE CREDIT FOR INDEPENDENT STUDY MAY BE AVAILABLE TO STUDENTS CURRENTLY ENROLLED IN A DEGREE PROGRAM. SOME PROJECTS MAY HAVE THE POTENTIAL FOR OFFERING POST-GRADUATE FELLOWSHIPS (i.e. paid part-time assistance). Please contact us for further information.
ROBERT RAUSCHENBERG AND THE RISE OF A "THAI CONTEMPORARY," 1964-1984
The Robert Rauschenberg and the Rise of a "Thai Contemporary," 1964–1984 [working title] research project/exhibition seeks to comprehensively document Robert Rauschenberg's 1964 and 1983 tours of Thailand, and investigate aspects of artistic influence and the rise of a "Thai contemporary" by recovering a host of currently "lost" or unseen materials in Thailand, as well as by uncovering new, never-before-seen or studied documentary and archival materials in the Robert Rauschenberg Foundation collections.
UPDATE AUGUST 2020 ******************************************
Due to TAA's inability to find a host institution, to date, for an originally planned exhibition, this project is currently slated to be written up as a scholarly article and published in 2021. Please stay tuned for updates by late 2020.
By bringing together both Thailand-based oral histories, printed matter, photography, newspaper accounts, and other ephemera, with New York-based archival and documentary materials; and by bringing together completed art works on the theme of Rauschenberg's Thailand tours, the THAI ART ARCHIVES seeks to demonstrate the importance of these tours for Rauchenberg's evolving philosophy and artistic practice of cultural exchange and "mutual understanding," indeed as he would articulate to the United Nations in 1984. This project thus aims to recover a lost chapter in the modernist art history of Thailand itself, as well as in the Rauschenberg literature documenting the evolution of his early work and the late work and agenda of ROCI, i.e. from the mid-1960s through the mid-1980s.
This project aims to culminate in the recovery and exhibition of never-before-seen or understood archival ephemera and art works both from Thailand and the United States, thus shedding new light on Rauschenberg's Asian initiatives at a moment of great creative ferment not only in the United States, but in Southeast Asia itself. A conceptual springboard is Alexandra Munroe's The Third Mind: American Artists Contemplate Asia, 1860–1989 (2009); in addition, we are referencing Hiroko Ikegami's, The Great Migrator: Robert Rauschenberg and the Global Rise of American Art (2010), as well as new historical reconsiderations of the careers of John Cage, Jasper Johns, and Merce Cunningham.
Resident Graduate Researchers: Napat (Mai) Charitbutra, Silpakorn University; others in development.
Advisory Curators: Hiroko Ikegami, author of The Great Migrator: Robert Rauschenberg and the Global Rise of American Art (The MIT Press, 2010); Abigail Sebaly, independent researcher and former Rauschenberg archival fellow at the Walker Art Center.
With books generously contributed by The MIT Press.
[Photo above: Robert Rauschenberg visiting the campus of Silpakorn University, Bangkok, March 1983; Thai Art Archives; All rights reserved]
TAA Director Gregory Galligan interviewing Thai artist Pricha Arjunka [20 Aug 2014] on his memories of the visit of Robert Rauschenberg to Thailand in 1983. With a special thanks to Alfred Pawlin for introductions [photo by Thai Art Archives; All rights reserved].
CITIES ON THE MOVE 6, Bangkok (1999)
CITIES ON THE MOVE 6 (1999, Bangkok) was one of the most important and groundbeaking exhibitions in recent history, but at present very little documentation is available to the public.
Over 2014-2015, TAA is sponsoring a special research project in cooperation with Cities co-curators HANS ULRICH OBRIST (currently Co-Director of Exhibitions and Programmes & Director of International Projects, Serpentine Gallery, London), HOU HANRU (Artistic Director, MAXXI, Rome) and OLE SCHEEREN (Büro Ole Scheeren, Beijing) to bring this history to light and create a dedicated research archives at our special projects hub at Bangkok Art and Culture Centre. This project was inspired by a conversation between Prof. Bruce Altshuler, Director of the Museum Studies program at New York University, and TAA director Gregory Galligan in 2013. Dr. Altshuler has recently published on Cities in his book, Biennials and Beyond: Exhibitions that Made History, 1962-2002 (Phaidon, 2013). As Prof. Altshuler explained in conversation with Gregory Galligan in New York, he originally wanted to write on the Bangkok iteration of Cities, but he chose its debut in Vienna for lack of materials available to the public on the concluding installation of this historic traveling exhibition in Bangkok.
Thai Art Archives will seek to recover as much ephemera from this show in Bangkok from the collaborating curators and original participants, the media, and others, and digitize this materials for public access. The project may culminate in a traveling exhibition and publication dedicated to the Bangkok iteration of Cities in 1999. Already generously contributing to this project are several former Cities 6 participants, among them Edouard Mornaud and Francine Meoule. If you participated in this show, or have materials related to it, please be in touch with TAA at thaiartarchives@gmail.com. We will aim to borrow and digitize much material for access by current and future generations.
Stay tuned for related announcements in the months to come!
With special donations of books by PHAIDON Press Limited.
[Photo: Cities on the Move 6,Official Poster, 1999/2542; by kind courtesy of Varsha Nair and the Womanifesto Archives; All rights reserved]
CHIANG MAI SOCIAL INSTALLATION (CMSI): Art and Social Engagement in Thailand, 1992-Present
Since the early 1990s, the international contemporary art world has been dominated by the rise of relational aesthetics, a term denoting a new emphasis on audience participation, time-based projects, the impromptu happening, and even a new art practice of "social engagement." Yet few observers are aware that Thailand was, and remains to the current day, a virtual incubator of the "relational" ideology, not only as it pertains to the work of its most internationally-celebrated artist, RIRKRIT TIRAVANIJA, but also to lesser-known collectives, such as the CHIANG MAI SOCIAL INSTALLATION (CMSI) project, which began in the northern city of Chiang Mai in 1992, and quickly came to define new currents in Thai participatory and socially engaged art throughout that decade.
SPECIAL UPDATE [AUGUST 2020]: While Thai Art Archives was the original party to publicly champion the importance of the CMSI to Thailand's contemporary art history, and while we were originally (as early as 2013) invited to document this history in collaboration with colleagues in Bangkok and Chiang Mai, the official archival work of CMSI has always been conducted by founding member Prof. Uthit Atimana, Chiang Mai University. Unbeknown to TAA, Professor Atimana was subsequently petitioned by others (in Thailand and abroad) to exhibit portions of his archives-in-development in overseas exhibitions in Gwangju (Asia Art Center) and Tokyo (Mori Art Museum). Subsequently, a regional symposium and a publication project transpired with AFTERALL publishers. At no point was TAA ever invited to participate in these developments; neither was TAA ever apprised of them or given credit for championing this archives in the first place. We simply state that fact here for the public record, as we've always championed policies of complete public transparency in the management of both TAA and its mission.
Thus we regret that TAA was categorically shut out from the project by late January of 2015, when we first learned of these developments. Nevertheless, we sincerely and heartily congratulate everyone involved with documenting this historic subject and bringing that research to fruition in an excellent book by Afterall (London). It goes to show what can be accomplished with the proper funding and concentrated effort.
For our own part, TAA continues to welcome related materials to unofficially complement these developments. Contact us at thaiartarchives@gmail.com for further information.
Photo: Chitti Kasemkittvatana, Mo(nu)ment to the 3rd Chiang Mai Social Installation, 1995-1996 [Installation, 3rd Chiang Mai Social Installation, 1995-1996]; by kind courtesy of the artist; All rights reserved.]
WOMANIFESTO: Art and Social Engagement in Thailand, 1990s-Present
"In 1995 a group of six Thai female artists met in Bangkok: Mink Noparat (the catalyst), Jittima Pholsawek (Ukabat group), Phaptawan Suwannakudt (art mural painter), Khaisaeng Phanyawatchira (performance aryist), Charassri Roopkamdee (printmaker), and Nitaya Ueareeworkul (artist). The result of the meeting was a painting, installation, and performance event called Tradisexion, emphasizing traditional conflicts stemming from being a woman. It was held at Concrete House (founded by Chumpoin Apisuk), celebrating World Women's Day (March 8th). The feedback was good, but the event had too small an impact as only artists attended: That was the starting point of the first and second WOMANIFESTO.
Studio Xang has always been the unofficial center for the art net-working and a meeting plavce for artists in Bangkok. The six artists continued to meet regularly at Studio Xang and eventually realized their plan for Womanifesto I. Baan Chao Phraya (Chaiyong Limtongkul Foundation) and Concrete House offered their premises. Thanks to the kind collaboration of Varsha Nair, and Indian artists residing in Baangkok, and Professor Somporn Rodboon of Silpakorn University, we were able to invite eighteen participating artists: Nine from Thailand and the remainder from Japan, Indonesia, India, Singapore, Pakistan, Austria, Italy, and the USA. Their work compried paintings, ceramic art, VDO-art, installation, and performance art. It was highly successful in many ways, particularly in establishing international networking among women artists."
—Excerpt from Womanifesto II: Second International Women's Art Exchange, exh. cat., Bangkok, 1999.—
By kind courtesy of Bangkok-based performance artist Varsha Nair, Thai Art Archives is currently working on the cataloging, studying, digitizing, preserving, and exhibiting of the extant archives of Womanifesto, one of Thailand's most groundbreaking artist collaboratives of the late 1990s to the present. Further announcements will be made in the months to come.
Current Assistant: Ashley Alexander, Curatorial Intern, 2016.
UPDATE AUGUST 2020
Thai Art Archives made it a priority from 2013-2018 to champion the WOMANIFESTO history and archives and take in Varsha Nair's materials when few others appreciated these materials' historic importance. Several TAA interns worked on Nair's archives from 2014-2016; the concept of exhibiting these materials in Bangkok was discussed; public outreach was conducted on our official website and social media pages; and studio visits were made by TAA director Gregory Galligan and, subsequently, an intern, before the archives was eventually returned to Varsha in March 2018 for safekeeping when it became clear that TAA could not keep its platform at BACC, and we were unable to raise necessary funding, despite many efforts (both regionally and internationally) to process Varsha's materials. We are deeply grateful to Varsha Nair for believing in TAA's mission back in 2013 and graciously allowing her archival materials to be part of our launch and development.
The WOMANIFESTO archives has subsequently been acquired by ASIA ART ARCHIVE (Hong Kong); all interested parties should visit the AAA website for further information.
[Photo Credit: Womanifesto III: Third International Women's Art Exchange, 2001, participating artists and volunteers; courtesy of WOMANIFESTO and participating artist Varsha Nair (pictured third from right), Womanifesto Archives, Bangkok; All rights reserved.]
ASIATOPIA: Durational, Performance, and Time-Based Art in Thailand, 1990s-Present
Harboring a "prehistory" in the happenings and time-based art of Europe and the United States of the 1960s and 1970s, DURATIONAL ART in Thailand has demonstrated a lively and sophisticated history from the mid 1990s to the present. Durational art originating in Thailand (no matter whether enacted in the region or overseas) demonstrates a wide range of motivations and forms of expression; often at once theatrical and intimate, it may engage social, political, and/or cultural themes or components that resonate far beyond Thailand's own borders, often serving as a nexus for international collaboration, and a catalyst for social change and critique.
TAA's documentation efforts will initially focus on the major durational and performance-based artist collectives and their programs of the last twenty years. Most prominent among these collectives is ASIATOPIA, the annual international performance art festival founded in 1998 by Chumpon Apisuk.
Further announcements will be made in the months ahead as we discuss with these parties a plan for bringing together various forms of their histories and ephemera for enhanced public access and study.
[Picture Credit: Paisan Plienbangchang, Standing (Chumpon Apisuk in performance at Chiang Mai Papae Gate), ASIATOPIA, 2010; courtesy of the photographer and Asiatopia; All rights reserved.]
DO IT: THAI VERSION, BANGKOK (1996) Research/Documentation and New Installation, with Hans Ulrich Obrist and Independent Curators International (ICI)
By special invitation of Hans Ulrich Obrist and Independent Curators International (ICI), THAI ART ARCHIVES has been invited to host and coordinate a new iteration of DO IT in Bangkok, after the initial Bangkok show of 1996, which was coordinated by Chitti Kasemkitvatana, Surasi Kusolwong, and Edouard Mornaud.*
THAI ART ARCHIVES is launching a special archival documentation project on the original do it, Bangkok, in conjunction with our plans to host a new iteration of do it with a regional gallery (to be decided).
This project and exhibition also celebrate the recent publication of the archival history of do it by Hans Ulrich Obrist and Independent Curators International (ICI), an official partner of Thai Art Archives. The archival publication is available to the public for study at TAA's special projects hub at the Bangkok Art and Culture Centre, and it will be made available in quantity to the Thai public on the debut of the show in late 2015. (It may currently be acquired from DAP, Distributed Art Publishers; for further information, see http://www.artbook.com/dap.html).
Stay tuned for further announcements in the months to come!
* Special thanks to Chitti Kasemvitvatana for generously clarifying the details pertaining to the coordination of the original show of 1996. As Kasemkitvatana reminds us, curation is a concept that is expressly challenged by Obrist's original format; thus Kasemkitvatana, Kusolwong—both also participating artists in 1996—and Mornaud (then a program officer with the Alliance Française de Bangkok) are to be properly understood as having coordinated the Bangkok iteration under Obrist's invitation. Alliance Française de Bangkok and Bangkok University wrere the primary institutional partners.
THAI FUTURISM: Rethinking the "Modern" in Thai Modern Art History
Inspired, in part, by the exhibition ITALIAN FUTURISM, 1909–1944: Reconstructing the Universe, at the Solomon R. Guggenheim Museum, New York (21 February–1 September 2014), THAI ART ARCHIVES has launched THAI FUTURISM as an open-ended investigation into how the art-historical category of Futurism might inform new readings of the early modern period in Thai art history (roughly 1932–1962).
In what ways were Thai artists' study of modern art movements and "isms"—Impressionism, Art Nouveau, Futurism, Cubism, Surrealism, Futurism, Constructivism, Art Deco, and others—"futurist" in ideology, visual topology, political and cultural identity construction, and utilitarian practice? How might a "futurist" topology in modern art from Europe and the United States inform the ways we reconsider modern Thai art developments, and the Thai nation's engagement with "Western" forms and philosophies in the modern era? Can Futurism, as a category borrowed from trans-Atlantic currents in recent art history, be a useful tool for rethinking the developments of art in the Thai context since the early 1930s? What familiar and unfamiliar actors and cultural agents in this history might be reconsidered for their influence, contributions, and stated missions? What new perspectives may (or may not) be opened up on the art of Thailand of the early- to mid-twentieth century?
Drawing on the Guggenheim's new resources and scholarship, as well as a host of sources in Thailand itself, this project will seek to shed new light on the recent past, as well as its lasting influence and points of connection to the contemporary context.
The project launch in August 2014 will be spearheaded in Bangkok by TAA Global Research Associate PAT KOLYOUTHAPONG, and intern PAPHOP (Graph) KERDSUP, with the collaboration of 333 GALLERY and KHUN TIRA VANICHTHEERANONT, owner of the FUA HARIPITAK ARCHIVES, Bangkok. (All interested parties should contact TAA director Gregory Galligan at thaiartarchives@gmail.com.)
We extend special thanks to curator VIVIEN GREENE, of the Solomon R. Guggenheim Museum, for her interest in this project, and her donation of one catalog from her exhibition ITALIAN FUTURISM to TAA's special research library. We will consider presenting our research in the form of a publication, symposium, and exhibition, at its conclusion.
[Photo: Fua Haripitak, Piazza San Lorenzo, Florence, 1956; Fua Haripitak Archives, 333 Gallery, Bangkok; image by kind courtesy of the Estate of Fua Haripitak and 333 Gallery; All rights reserved.]
Ivo Pannaggi, Speeding Train, 1922
SOLOMON R. GUGGENHEIM MUSEUM, New York:
"Following World War I, Futurism gained new members and assumed different formal qualities, including those of arte meccanica (machine aesthetics). While mechanized figures and forms had appeared earlier (in the art of Fortunato Depero, for example), Ivo Pannaggi and Vinicio Paladini articulated the principles of this idiom in their 1922 "Manifesto of Futurist Mechanical Art." Enrico Prampolini also adopted a mechanical language at this time, and he subsequently expanded and signed the manifesto, publishing it in his journal Noi in 1923.
Pannaggi's Speeding Train (1922) demonstrates the Futurists' sustained interest in the locomotive as a symbol of modernity, motion, and the machine. The painting depicts a powerful train barreling toward the viewer at a diagonal angle.Speeding Train suggests the total sensory experience of observing the daily trains passing through the small coastal towns along the Adriatic (the blur of the moving cars, the clamorous noise of the motor, the ear-splitting scream of the whistle).
Later, Pannaggi's interest in machine aesthetics led him to integrate Constructivist elements such as beams, cubes, cylinders, and three-dimensional letters into his work. In 1932–33 he attended the Bauhaus in Germany, the only Futurist aside from Nicolaj Diulgheroff to do so."
See: http://exhibitions.guggenheim.org/futurism/arte_meccanica/
MODERN(ISM)S: Fua Haripitak Project
Thai Art Archives aims not only to document the progressive contemporary art of Thailand, but important ancestors of the modern and contemporary Thai art world. Foremost among them is FUA HARIPITAK (1910–1993; aka "Haribhitak"), Thailand's star pupil from the studio of Silpa Bhirasri (Corrado Feroci); reknowned professor (Silpakorn University); Thailand's 1st National Artist (1985); and pioneering conservationist of Thai mural painting.
Few observers are aware that the personal archives of Aj. Fua Haripitak—including personal papers, documents, diaries, sketchbooks, annotated books, and drawings—survive in the collections of 333 Gallery, Bangkok, after they were acquired by owner Tira Vanichtheeranont several years ago. Thai Art Archives and 333 Gallery are collaborating to catalog, study, and exhibit these archives (including little-known art works) for the public record.
—An important preliminary glimpse of this material will be made available to the public in a special 1st Anniversary exhibition of the Gallery in late April 2014; opening 27 April. (Please check our Facebook page for frequent updates.)—
By special collaboration with 333 Gallery, Bangkok, and the Estate of Aj. Fua Haripitak
[Photo: Uab Sanasen, Fua Haripitak, ca. 1950s; by kind courtesy of the Estate of Uab Sanasen, All rights reserved.]
BHIRASRI INSTITUTE OF MODERN ART (BIMA), 1974-1988
The Bhirasri Institute of Modern Art (BIMA) was one of the most important and influential non-profit art venues in Bangkok from 1974 to 1988. This was a crucial decade for the development of Thai art in increasingly independent and progressive directions away from American and European "isms" that had held sway in Thai art academies (such as Silpakorn University) from the 1950s through the late 1970s. Supported primarily by Princess Pantip Paribatra Chumbhot (d. 1987), as well as artists, corporations, and others, BIMA rapidly became a rallying point for some of the most experimental and avant-garde exhibitions, thus acting as a bridge between Thailand's earliest introduction to modernism by the example of its honorary spiritual namesake, Silpa Bhirasri (Corrado Feroci), and the increasingly independent and artist-directed scene of the late 1990s to the present.
Since its founding in 2010, Thai Art Archives has been in extended conversation, with BIMA's most dynamic and long-serving director, Chatvichai Promadhattavedi (also former director of the Bangkok Art and Culture Centre) to arrange for the detailed chronicling of BIMA's history, as well as the recovery and cataloging of primary materials, including photography, film, printed matter, and exhibition catalogs. The current literature on BIMA consists of brief discussion in general art history texts, such as Apinan Poshyananda's Modern Art in Thailand, and Gridthiya Gaweewong's An Alternative Space for the Arts: Assessing the Feasibility (M.A. Thesis, School of the Art Institute of Chicago, 1996). Additional textual documentation exists in the form of a brochure chronicling BIMA's exhibition history, provided by Khun Chatvichai and available to the public at the TAA's special projects hub (Bangkok Art and Culture Centre). In the near future, TAA will hope to recover artists' documentation and oral histories, and digitize photography for public access. Stay tuned for new developments in the months ahead!
MONTIEN BOONMA ARCHIVES
[Montien Boonma]: Unbuilt/Rare Works (2013) celebrates the profound influence of Montien Boonma on current and future generations. The show brings to light some 60 original drawings rarely, or never before seen by the public, and newly uncovered archival ephemera, such as documents, notebooks, sketchbooks, printed matter, photographs, video footage, and related materials that have recently come to light through the collaboration of the Jim Thompson Art Center, the Thai Art Archives, and the Estate of Montien Boonma. The exhibition will be complemented by a program of guided tours and educational programs; in addition, this exhibition will feature an educational conference and a scholarly catalogue.
[Montien Boonma] is, in part, one of several culminating events of the Thai Art Archives's "Montien Boonma Project," first launched in 2010 with the aid of 150,000 THB provided by the James H. W. Thompson Foundation for facilitating new research and locate formerly lost or unknown archival ephemera—a goal recently aided by the generous cooperation of the Estate of Montien Boonma. The Project continues to the present and will seek to catalog and further study new materiaals of the artist discovered during the course of preparing the exhibition 0f 2013 (pending further funding).
[Photo: Manit Sriwanichpoom, Montien Boonma, 1997; by kind courtesy of the artist, All rights reserved.]


Users running a version of Rulestream earlier than 8.15.2.8025 will want to move to the new Rulestream 8.15.2.8025 (or later) build BEFORE upgrading their version of Windows to the Windows 10 April 2018 Update, version 1803.
This is corrected by defining a default font for all Custom UI controls in Rulestream.
You can either do this manually by mapping a font directly to the UI control in the UI builder . . .
You can download a new build of Rulestream 8.15.2 with the default font set in the UI controls in the UI Builder. This new build has been posted on the Siemens PLM GTAC Download site. A Software Field Bulletin (SFB) has been sent indicating that it is ready for download.
NOTE: Software Field Bulletins (SFB's) are used to keep you in touch with important news and information about your Siemens products such as Rulestream. If you did not receive a Siemens SFB on the issue being reported here in the Community it is strongly suggested that you sign-up to receive these in the future. Here's a link to the Knowledge Article on how to sign-up for SFB's.


Joe Zhang, now chairman of Wansui Micro Credit Company, says they are in better shape than many mainstream banks and provide a much-needed social service.
Minsheng Royal Asset Management, the mainland's second biggest segregated-account subsidiary, has received a six-month ban, as Beijing starts consulting on tighter capital rules.
While it has served as an alternative financing channel to society at large, it also involves moral hazard and hidden risks. Xie Ping, deputy general manager at CIC, joined the debate.
A European bank regulator's proposals to curb shadow banking have been criticised over the extent to which they could be applied to EU-based asset management firms.
Shadow banking activities and wealth management business in China have shown signs of declines, but investors' demands for such products should remain strong.


Here is Judge Brooke Wells's Order as text. 39 pages and 128 footnotes! Why? I can't read the judge's mind, of course, but my best guess is she is indicating to SCO not to bother to appeal this order. And if they do, she has provided her reasons -- with specificity, one might even say, sufficient to uphold her decision. You can follow along with the references on Groklaw's IBM Timeline page, where the docket numbers are provided.
Another possible factor in the style of this Order: Do you recall when SCO appealed a prior order of hers, on the grounds that she neglected to mention one item? SCO lost that battle when Judge Dale Kimball affirmed her order [PDF], but I believe she may be addressing that issue preemptively by listing, with references, every little detail.
A lot of you have asked over the years what it takes for SCO to get sanctioned. Now you know.
This was a bear to code, so I did it myself. I believe I may be qualifying for sainthood tonight. For sure, I couldn't have finished it until tomorrow, except that I kept thinking that we have a number of blind readers, and I know they want to read this extraordinary Order too, and PDFs can be a problem for the visually challenged. So, this is for you guys.
After the evidence is "on the table" then the fact finder will be able to determine the merits of both SCO's and IBM's claims and counterclaims. The current motion focuses on the interpretation of the court's prior orders and exactly what evidence should have been provided pursuant to these orders. The sanction IBM seeks precluding SCO from using certain alleged misappropriated items because of a lack of specificity - is very serious. As outlined in greater detail below, the court finds that SCO has failed in part to meet the level of specificity required by this court's orders and the order entered by Judge Kimball. It is also apparent that SCO in some instances failed to meet the level of specificity it required of IBM. Further, this failure was willful under case law and prejudicial to IBM. Therefore, the court GRANTS IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material in PART.
The instant dispute does not take place in a vacuum. As mentioned, the crux of the latest dispute centers around the interpretation of court orders which have been entered over the course of a couple of years. The court finds the following background, including SCO's public statements, helpful in framing the issues involved in IBM's motion.
In October 2003 IBM filed its first Motion to Compel Discovery. 26 In the motion IBM sought an order from the court compelling SCO to "respond fully to IBM's First Set of Interrogatories and First Request for Production of Documents, served June 13, 2003."27 The following is a sampling from IBM's First Set of Interrogatories which is attached to their memorandum in support.
or proprietary information that plaintiff alleges or contends IBM misappropriated or misused, . . .
INTERROGATORY NO. 12: Please identify, with specificity (by file and line of code), (a) all source code and other material in Linux (including but not limited to the Linux kernel, any Linux operating system and any Linux distribution) to which plaintiff has rights; and (b) the nature of plaintiff's rights, including but not limited to whether and how the code or other material derives from UNIX.
1. To respond fully and in detail to Interrogatory Nos. 1-9 as stated in IBM's First Set of Interrogatories.
2. To respond fully and in detail to Interrogatory Nos. 12 and 13 as stated in IBM's Second Set of Interrogatories.
4. To identify and state with specificity the source code(s) that SCO is claiming form the basis of their action against IBM.
SCO requests and the reasons for such requests. The Court will then consider ordering IBM to produce more code from AIX and Dynix.
2. Pursuant to Rule 26(b), SCO should use its best efforts to obtain relevant discovery from the Linux contributions that are known to the public, including those contributions publicly known to be made by IBM. IBM, however, is hereby ordered to provide to SCO any and all non-public contributions it has made to Linux.
1. To fully comply within 45 days of the entry of [the March 3, 2004] order with the Court's previous order dated December 12, 2003. This is to include those items that SCO had difficulty in obtaining prior to the Court's previously ordered deadline of January 12, 2004.
2. As previously ordered, SCO is to provide and identify all specific lines of code that IBM is alleged to have contributed to Linux from either AIX or Dynix. This is to include all lines of code that SCO can identify at this time.
3. SCO is to provide and identify all specific lines of code from Unix System V from which IBM's contributions from AIX or Dynix are alleged to be derived.
4. SCO is to provide and identify with specificity all lines of code in Linux that it claims rights to.
On October 21, 2005 pursuant to this court's request SCO filed a Renewed Motion to Compel Discovery. 60 This motion largely mirrored SCO's original motion which unfortunately was not set for a hearing because of a docketing error. 61 SCO's motion primarily dealt with the production of documents from IBM's senior level management and the depositions of these individuals. On December 20, 2005 this court granted in part SCO's renewed motion.
A court may also enter sanctions for failing to disclose required information pursuant to Rule 37(c).
IBM argues that under the court's orders SCO should have provided more specificity, including version, file, and line information, for the items SCO claims were misappropriated. IBM's expert Randall Davis' states, "The methods and concepts employed in an operating system (or any computer program) are in the source code.83 Hence, under IBM's view of the court's specificity requirement the source code behind methods and concepts should have been disclosed by SCO.
discussed without disclosing source code. But it is possible, and even preferable in many instances, to provide the code behind methods and concepts. In fact, Mr. Rochkind's own publication Advance Unix Programming (2d ed. 2004), provides many examples of code when discussing "fundamental concepts."
Closely related to the methods and concepts question is in this court's view the heart of the dispute - what level of specificity is required by the court's orders? If the court's orders required the production of specific source code for alleged misappropriated items, including methods and concepts, then many of SCO's arguments and much of Mr. Rochkind's declaration miss the mark. If however, the level of specificity did not require specific source code then IBM has fired a wayward shot off the starboard bow in its attempt to sink SCO's ship.
In considering the parties' positions the court first looks to the language in SCO's own requests and the language in the court's orders.
In June 2003 SCO sought "specific lines and portions of code" for all alleged "trade secrets or confidential or proprietary information, whether computer code, methods or otherwise." 98 This request was part of SCO's first motion to compel which was eventually granted in part.
On December 12, 2003 this court ordered SCO to "respond fully and in detail to Interrogatory Nos. 12 and 13" and to "identify and state with specificity the source code(s) that SCO is claiming form the basis of their action against IBM."99 Interrogatory 12 requested "with specificity (by file and line of code)," all source code and material in Linux that SCO claimed rights to. Interrogatory 13 sought further clarification of Interrogatory 12.
Finally, in July 2005 Judge Kimball ordered the parties to "disclose with specificity all allegedly misused material"105 by December 22, 2005.
say version and file in its orders, the court finds that this information was inherent within the court's ordering of "specific lines." The court agrees with IBM's argument that line information without version and file information is not very specific and makes the identification of what is at issue much more difficult.
This court further finds that Judge Kimball intended the same level of specificity in his July 2005 order which provided what amounted to a date certain for the parties to define their case. Judge Kimball's order was entered after this court's orders which dealt with specificity. And Judge Kimball did not provide a different definition of specificity in his order. Further, in an earlier decision, Judge Kimball in essence rebuked SCO for a lack of specificity. "Nevertheless, despite the vast disparity between SCO's public accusations and its actual evidence-or complete lack thereof-and the resulting temptation to grant IBM's motion, the court has determined that it would be premature to grant summary judgement . . . ."106 Given this background this court believes that Judge Kimball intended the same level of specificity as this court did, to wit, version, file, and line information for misappropriated items.
In further support of this court's finding that version, file, and line information was the required level of specificity the court points to the testimony of SCO's own Chief Technology Officer, Sandeep Gupta. Sandeep Gupta testified about the importance of having version, file and line information in respect to methods and concepts.
Q: Okay, How would you determine whether a particular description was specific enough to describe an aspect of System V as a method?
A: I have to look at the source code.
Q: Okay. What would you do if you looked at the source code?
A: I look at various steps that are taken, specific for that particular method."
Q: Okay. So in order to determine what a particular method or concept is, you would actually have to look at the source code?
A: In some cases, yes. . . . .
Q: . . . would you have to look at the source code to be able to accurately describe a method or concept in UNIX?
Finally, the court notes that the deposit requirements for copyright registration also support this court's decision. The copyright registration requires printouts of program source code.110 Even though registration is not a condition of copyright protection it is often advantageous to register. For example, timely registration establishes prima facie evidence in court of the validity of a copyright. And, if certain conditions are met statutory damages and attorneys fees are available to the copyright owner in court actions.
Based on the foregoing the court finds that methods and concepts can be identified in source code and that under the court's orders SCO was required to provide the source code behind them.
SCO approved the orders as to form. SCO also never sought further clarification of the court's orders. And in fact, from the start of this case SCO has repeatedly sought source code on the grounds that it was necessary to substantiate its case. 112 On more than one occasion SCO has argued that it could not respond to IBM's requests without further production from IBM. Thus, it really should come as no surprise to SCO that they were required to produce version, file, and line information to substantiate their claims.
There is no evidence before the court to indicate that SCO lacked the ability to comply with the court's orders. In fact, given SCO's own public statements outlined in part supra, it would appear that SCO had more than enough evidence to comply with the court's orders.
In December 2003, near the beginning of this case, the court ordered SCO to, "identify and state with specificity the source code(s) that SCO is claiming form the basis of their action against IBM."115 Even if SCO lacked the code behind methods and concepts at this early stage, SCO could have and should have, at least articulated which methods and concepts formed "the basis of their action against IBM."116 At a minimum, SCO should have identified the code behind their method and concepts in the final submission pursuant to this original order entered in December 2003 and Judge Kimball's order entered in July 2005.
Finally, after IBM received SCO's interim alleged misappropriated submissions, IBM informed SCO that the submissions were not specific enough. IBM warned SCO that if the final submissions were of the same level of specificity court intervention would be sought. Tellingly, SCO did not seek court guidance as to the required level of specificity after IBM disagreed with SCO's interpretation of the court's orders.
Dynix and Linux to defend itself.120 This analysis would allegedly take substantial time and create additional delay in the resolution of this case.
Requiring IBM to engage in an analysis of millions of lines of code to figure out which code is at issue in hopes of answering such questions is patently unfair given the fact that it was SCO's duty to provide more detailed code in the first place. For example, many of SCO's submissions are supported by a presentation given by Richard Moore of IBM's Linux Technology Center in June 2005. In the presentation it appears Mr. Moore discusses the uniqueness of Linux, Linux's advantages and how IBM has helped with Linux development. It briefly compares Linux to other operating systems such as UNIX, Solaris, AIX, HPUX, IRIX, and Dynix. In the court's view this is largely a presentation to help generate interest and business for IBM that does nearly nothing specific to demonstrate what SCO claims was misappropriated. While it discusses Kernel patches, thread locks and NUMA there is nothing that links these back to being originally owned by SCO. And even with a related "smoking gun" email there is once again little connection back to what is allegedly owned by SCO. This simply is not enough specificity under the court's orders.
Accordingly, based on the delays that would arise from SCO's lack of specificity, and the burden this places on IBM at such a late stage in this litigation, the court finds that IBM is prejudiced by the lack of specificity in SCO's disclosures.
As argued by SCO in its opposition, some of SCO's misappropriated items relate to "negative know how." These items include number 23 (discussing EES an "error event subsystem" in Dynix/PTX), number 43 (learning from TCP failures to help networking and storage for Linux), and number 90 (avoiding a logging event that caused problems in PTX). Although claiming that negative know how is somehow prohibited seems like quite a tenuous position, the court nevertheless agrees with SCO that these items are not easily substantiated by source code. And, the court agrees that they were disclosed with sufficient specificity to survive the current motion. The court notes, however, that just because an item cannot be easily supported by source code, this does not automatically absolve SCO of its duties under the court's orders to provide specificity for its alleged misappropriated items.
In similar fashion SCO argues that, "Under SCO's interpretation of the contracts at issue, IBM is prohibited from having former Dynix/ptx developers write source code for Linux."126 Thus according to SCO, "IBM has breached its contracts by permitting IBM developers exposed to Dynix/ptx methods and concepts to contribute to Linux in the same area where each developer worked."127 SCO then argues that item numbers 94, 186-193, and 232-270 concern these types of contractual violations.
After reviewing item numbers 94 and 186-192 the court finds that they are supported with enough specificity to survive the current motion. Item number 193, however, is only supported by the Richard Moore presentation mentioned supra, and a few references to Linux files. The court finds that this does not meet the level of specificity required under the court's orders. Therefore, IBM's motion is denied as to item numbers 94 and 186-192. IBM's motion is granted as to item number 193.
Item numbers 232-270 are supported by the Moore presentation, a link to a Linux Kernel archive and a brief list of Linux files. The court finds that these items should have been substantiated by more information including more detailed disclosures of source code. If SCO revealed the files one would believe that they would have line information to disclose.
Unlike item numbers 94 and 186-192, there is not deposition testimony supporting these alleged misappropriated items. Thus, the court finds that these items failed to meet the level of specificity required by the court's orders. Therefore, IBM's motion is granted as to item numbers 232-270.
Based on the foregoing, the court GRANTS in PART IBM's Motion to Limit SCO's Claims.
DATED this 28th day of June, 2006.
2SCO sought further leave of court to file another rebuttal declaration to Mr. Davis' rebuttal declaration. The court denied SCO's request. See Order dated May 10, 2006.
3 SCO submitted its alleged misappropriated materials on CD-ROM. The court has reviewed all of the disputed items individually.
4Hearing held on February 24, 2006, transcript p. 50.
5Second Am. Compl. at ¶ 79.
9IBM's Mem. in Supp. 1st Motion to Compel ex. F.
15MozillaQuest The On-Line Computer Magazine: SCO Clears Linux Kernel but Implicates Red Hat and SuSE, p. 2 (April 2003) (emphasis omitted), available at http://www.mozillaquest.com/Linux03/ScoSource-10_Story01.html.
16Computerworld: SCO shows Linux code to analysts (June2003), available at http://www.computerworld.ceBasic&articleId=81973.
20CRN Interview: Darl McBride & Chris Sontag, SCO Group(November 2003), available at http://www.crn.com/showArticle.jhtml?articleID=18831088&flatPage=true.
21Decl. of judgment ex. 13.
23CRN Interview: Darl McBride & Chris Sontag, SCO Group(December 2003), available at http://www.crn.com/showArticle.jhtml;jsessionid=DUWHLXLGZKHNMQSND BOCKHSCJUMEKJVN?articleID=18831200&queryText=crn+interview+sco's+darl+mcbride.
26See Motion, Docket no. 44.
28IBM's First Set of Interrogatories and First Request for The Production of Documents (third emphasis added).
31SCO's Mtn. to Compel p. 2.
33SCO's First Request for Production of Documents and First Set of Interrogatories p. 3-4 (emphasis added).
38IBM's Second Set of Interrogatories and Second Request for the Production of Documents p. 2.
40Order dated December 12, 2003.
41Order dated March 3, 2004 p. 3.
45SCO's Rule 56(f) Motion p. 1.
46SCO's Renewed Mtn. to Compel p. 2.
48Order dated January 18, 2005.
49Id. p. 9-10 (emphasis in original).
50In May 2005, IBM stated that, "The total amount of . . .Dynix source code produced from RCS represents more than 17 GB of uncompressed data." Decl. of Todd Shaughnessy p. 9. This data alone would fill over 12,000 floppy disks. Floppy disks were among one of the most popular forms of portable memory not long ago, although now, they are somewhat obsolete.
51Order dated February 8, 2005 p. 17.
53Order dated July 1, 2005 p. 4.
55 SCO's Renewed Motion p. 2 (emphasis in original).
57 Order dated October 12, 2005 p. 3-4 (emphasis added).
58 Mem. in Supp of SCO's Objection to the Magistrate Court's Order of October 12, 2005 p. 2.
59 See Order dated December 16, 2005.
61 See id. p. 2.
64 On May 5, 2006 SCO filed a motion for in camera review of allegedly privileged documents. The court granted this motion in part and is currently awaiting further briefing by SCO.
65 Initially, IBM sought to limit 201 of the 294 items identified by SCO in its Final Disclosures. After further clarification by SCO, SCO's abandonment of one of the items (No. 294), and IBM's acknowledgment that it initially improperly included item no. 2, 198 items remain in dispute.
66 See Mem. in Supp. p. 10.
72 Daval Steel Prods. v. M/V Fakredine, 951 F.2d 1357, 1365 (2d Cir. 1991); see also Orjias v. Stevenson, 31 F.3d 995, 1005 (10th Cir. 1994) ("The impositions of sanctions for abuse of discovery under Fed.R.Civ.Pro 37 is a matter within the discretion of the trial court); Eisenberg v. Univ of N.M., 936 F.2d 1131, 1136 (10th Cir. 1991) (stating that a district court is afforded "wide discretion in selecting an appropriate sanction").
73 Daval, 951 F.2d at 1367 (emphasis added); see also In re Standard Metal Corp., 817 F.2d 625, 628 (10th Cir. 1987).
74 Fed. R. Civ. P. 37(b)(2)(B).
75 See e.g., Daval, 951 F.2d at 1363 (affirming district court's decision to prohibit the presentation of certain evidence due to discovery violations); In re Standard Metals Corp. 817 F.2d at 633 (affirming lower court's dismissal of holder's claim for failing to appear at a deposition); Nike, Inc. v. Top Brand Co. Ltd., 216 F.R.D. 259, 274 (S.D.N.Y. 2003) (precluding the defendants from introducing evidence concerning damages because of providing evasive or incomplete discovery); Tenen v. Winter, 15 F.Supp.2d 270, 272-73 (W.D.N.Y. 1998) (affirming magistrate's imposition of Rule 37 sanctions where alleged copyright infringer failed to provide discovery concerning court ordered interrogatories); Kern River v. 6.17 Acres of Land et al., 2005 WL 3257509 at *2-4 (10th Cir. 2005) (affirming district court's sanctions against property owner that included precluding presentation of expert evidence and documents).
76 Orjias v. Stevenson, 31 F.3d 995, 1005 (10th Cir 1994).
78 See id p. 5.
79 See Daval, 951 F.2d at 1367; In re Standard Metals Corp., 817 F.2d at 628.
80 In re Standard Metals Corp., 817 F.2d at 628.
81 Reply p. 9 fn. 9.
82 Decl. Marc Rochkind p. 3.
83 Reb. Decl. Randall Davis p. 11 (emphasis in original).
84 Decl. Marc Rochkind p. 4.
86 Mem. in Supp. p. 2.
93 Id p. 6 (emphasis in original).
97 Id. As noted supra, some code was discarded because it was antiquated.
98 SCO's First Request for Production of Documents and First Set of Interrogatories p. 3-4.
99 Order dated December 12, 2003 p. 2 (emphasis added).
100 IBM's Second Set of Interrogatories and Second Request for the Production of Documents p. 2.
101 Order dated March 3, 2004 p. 2.
105 Order dated July 1, 2005 p. 4.
106 Order dated February 8, 2005, p. 10.
107 SCO's First Request for Production of Documents and First Set of Interrogatories p. 3-4 (emphasis added).
108 See Order dated December 12, 2003 p. 2.
109 Id Gupta Dep. Tr. attached as Ex. E to Reb. Decl. Randall Davis.
110 See 37 C.F.R. § 202.20(C)(2)(vii).
113 Patterson v. C.I.T. Corp., 352 F.2d 333, 336 (10th Cir. 1965) (quoting United States v. 3963 Bottles (7th Cir. 1959)).
114 In re Standard Metals Corp., 817 F.2d at 629.
115 Order dated December 12, 2003.
117 See Fed. R. Civ. P. 26(e).
119 Hearing held on February 24, 2006, transcript p. 50.
120 See Mem. in Supp. p. 7-8.
123 Hearing held on February 24, 2006, transcript p. 50.
124 Unix System Laboratories (USL) was at one time involved in a dispute with The University of California concerning copyrights and UNIX. Both parties claimed that the other had taken certain source code in violation of their rights. Eventually the parties reached a settlement.
125 See Mem. in Supp. p. 10.
128 The court notes that its decision to either strike or not strike certain alleged misappropriated items should not be viewed as a decision on the merits. The court's decision is based solely on whether or not SCO met the requisite disclosure threshold as required by the court's orders.