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Acts of god, India's lightbulb moment, and a Taiwanese twist
This is edition 5 of Beyond The First Order, a premium daily newsletter that demystifies the hidden models, incentives and consequences of the most significant events across India and Southeast Asia
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Edition #5. Wednesday, 6 April 2020
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The downstream effects of Force Majeure
Arundhati here. I don't know if you've noticed, but many companies are invoking something called Force Majeure.
Essentially, Force Majeure is a common clause in contract law. It allows a party to limit their liability due to unforeseeable, extraordinary events. Maybe a hurricane hit the stadium, cancelling a game. Force Majeure. An earthquake brings down a building. Stuff like that.
Right now, companies are invoking Force Majeure for...yes, Covid-19.
However, companies rarely work in isolation. As the coronavirus continues to disrupt most businesses, the real question is...what happens to the chain when one or more companies walk away citing Force Majeure?
What are the second order effects of Force Majeure?
Let's take a few examples.
For instance, India's largest two-wheeler company, Hero Motocorp, recently said it can't pay its vendors and suppliers their dues as sales have come to a standstill. This makes sense for Hero, which is probably using its cash reserves to pay its own employees. So what happens?
Simple. The suppliers invoke Force Majeure as well with their suppliers.
And down the chain it goes. Where does it end?
At the most vulnerable part of the supply chain, the MSMEs (Micro, Small and Medium Enterprises) who are the starting point of the auto supply-chain. Remember, MSMEs were already reeling.
Mahendra Sanghi, Ex-President, Assocham and Group Chairman, Sanghi Group of Industries says the impact will ruin MSMEs in the coming days. "While we are trying to cope with demonetisation and teething and compliance issues of GST, this virus has come. It is definitely, the worst time that the virus has hit us," Sanghi says.
That's one second order effect of Force Majeure — it transmits down the chain until it stops with the party that cannot afford to invoke Force Majeure, or for the most part, is the most vulnerable.
Which brings us to the bigger problem.
When can Force Majeure be invoked?
The law is a little vague, but here's what one interpreter of it says:
The party seeking to invoke force majeure clause provide notice to the other party as soon as it became aware of the force majeure event, and should concretely demonstrate how the said situation has directly impacted the performance of obligations under the agreement.
Notice how there's no indication of who can invoke it.
And the sector that's exploiting this definition to the fullest is the oil sector. Recently, this is what Business Standard reported:
Consumers had opted for force majeure notices to gas marketers like GAIL, Indian Oil (IOC) and Gujarat State Petroleum Corporation (GSPC), after their commercial operations and factories were shut following the lockdown. After this, GAIL, too, had issued similar notices to its suppliers like ONGC, Oil India and Petronet.
Okay, so consumers are opting for force majeure on gas marketers, who are issuing the same to their suppliers.
There's more.
Then India's top refiner Indian Oil Corporation, too, has declared force majeure on crude purchases from four of its biggest suppliers – Saudi Arabia, Iraq, UAE and Kuwait – as refinery run rates have been cut down in view of the plummeting fuel demand.
Wow. Okay.
So apparently, you can declare force majeure against countries? The background to this is that thanks to a price war, Saudi Arabia and Russia have been slashing oil prices since the beginning of this year. And things only get worse with low demand.
Which brings me to the other second order effect of force majeure — companies invoking it randomly to get out of fiduciary obligations.
The best example of this is the Uttar Pradesh Power Corporation Limited (UPPCL), which basically went back to its suppliers, and said, sorry, we can't pay you because of force majeure. And one of the suppliers, The Solar Energy Corporation of India was having none of it.
The notice claimed that the lockdown is likely to affect a significant proportion of consumers' capacity to pay electricity bills on time. Eventually, there will be a ripple effect reaching the upstream utilities in the power sector value chain.
In its response to the UPPCL, SECI explained that the force majeure event the DISCOM sought was not for the non-availability of power generation capacity but for its inability to collect dues from its consumers as per the power sale agreement (PSA) between the two parties
In essence, SECI was saying, Force Majeure is for situations that prevent delivery or supply, both of which are unaffected. It cannot be invoked because you think you won't get paid by your consumers. As a developer who didn't wish to be named said to The Economic Times:
"The power purchase agreements, which have been signed between distribution companies and power plants, have to be the guiding force in all circumstances. Discoms cannot claim force majeure since the projects are operational and are willing to supply power,"
Power distribution companies in India are already staring at a mountain of debt ahead of them—around Rs 4,30,000 crore ($56.2 billion)—largely due to delayed payments, issues around tariff rationalisation, and constraints emanating from subsidy disbursement.
Multiple options are being figured out.
The real question though, is, for how long will this continue? And who decides which force majeure clauses are valid, and which ones are arbitrary? Is it the government? The judiciary?
Deep questions.
Speaking of the power sector, Rohin has a piece on something special that happened in India last night.
If an alien landed on earth and read this post on Reddit's India channel, what would it think?
Keep your lights on as civil disobedience on 5th April at 9pm
By keeping your lights on, you are not breaking any law but doing your part in protesting against the empty gestures of the Central Government. We are the citizens of this country, not his social media tools.
For those of you who aren't aliens or Indians, here's the quick context: India's prime minister Narendra Modi made an appeal to the country via a video message on Friday. He wanted a country of 1.3 billion people to turn off all the lights in their homes. And then step outside with candles and torches.
"This Sunday, on the 5th of April, we must all together, challenge the darkness spread by the corona crisis, introducing it to the power of light. On this 5th of April, we must awaken the superpower of 130 crore Indians. We must take the superresolve of 130 crore Indians to even greater heights," he said in a video message to the nation.
"On the 5th of April, on Sunday, I want 9 minutes from all of you, at 9 pm. Listen carefully, on the 5th of April, at 9 pm, turn off all the lights in your homes, stand at your doors or in you balconies, and light candles or diyas, torches or mobile flashlights for 9 minutes. I repeat, light candles or diyas, torches or mobile flashlights, for 9 minutes at 9 pm on the 5th of April," he added.
I have a quick request: don't think of a white bear. Okay? Okay.
By the time you read this, the Indian PM's rather creative way to exhort his country, which is just entering the second of a debilitating 3-week lockdown, would have passed. Hopefully incident-free.
Yes, incident-free.
Because it turns out that if the elected leader of 1.3 billion people asks them to switch off their lights for 9 minutes, massive second and third order effects are thrown in motion.
From Prince Mathews Thomas at Moneycontrol.
It's like suddenly putting a brake of a car in motion, or suddenly pushing the accelerator to the floor...it is difficult to predict how the car will exactly behave. It is the same predicament, but much more complicated, that we all are facing," said a senior executive from the power sector.
Something similar to what happened in the 2012 blackout - the biggest in the world - when a sudden surge in demand led to tripping and almost 600 million Indians went without electricity.
On April 5, instead of demand, the danger is of supply surging and disrupting the frequency when Indians switch off lights all at once at 9 pm. This could trip the line, and lead to a blackout.
The power minister for the state of Maharashtra, India's second most populous state, warned that a synchronised 9-minute reduction in power consumption might lead to "a multi-state grid collapse and result in blackout in the entire country."
Other states too warned of it as well.
Remember I'd asked you to not think of a white bear? Just wanted to remind you.
Anyhow, all Indian state and central electricity generators, distributors, and grids are girding up for a 9-minute black swan event. By proactively shutting down power plants and cutting off power to consumers.
Reduction in power demand as a result of switching off lights at 9 pm for 9 minutes on Sunday will suddenly reduce power demand by 12,879 MW at a go, Power System Operation Corporation Ltd (POSOCO), the national power grid operator, has estimated in an advisory sent to regional grid control units.
In the advisory POSOCO said that unlike normal operation, this reduction in load of the order of 12-13 GW would happen in 2-4 minutes and recover nine minutes later within 2-4 minutes.
POSOCO has termed this event 'unprecedented' and said it will have to be handled through reduction in generation of hydro and gas resources.
The government seemed to have realised the scale of the unintended consequences quickly. The very next day, it clarified that citizens were only meant to switch off their lights, not their appliances like computers, television sets, fans, refrigerators and air conditioners.
This is important: the government explicitly told citizens to not switch off all their appliances. Because that could threaten the stability of India's electricity grids.
But what if citizens are more worried about the safety of their appliances, in a still developing country whose quality of electricity supply was ranked 80th globally?
How to Protect Your Gadgets from a Likely Power Surge This Sunday
While power companies are fairly confident that they can prevent the grid from collapsing, there is the possibility that the sudden excess grid voltage could cause a power surge.
That's one part of it – possible high voltage availability when the lights go out, which could affect other connected gadgets. And then there's the sudden power demand when all the lights come back on. It's a demand and supply game.
If all else fails, just unplug all your devices. It is one of the most basic ways to protect them from a power surge. Do that a few minutes before 9 pm and plug them back a few minutes after 9.09 pm.
Thus, the massive unintended consequence arising from the PM's announcement.
Indians switching off their appliances ahead of Sunday's 9-minute lights blackout, in order to…
Avoid getting them damaged due to a power fluctuation, which they
Might end up causing through their efforts to protect themselves
Twitter had multiple such examples.
Let's hope that by the time you're reading this, India's electricity grids have managed to survive their manmade 9-minute black swan event. And those people who might have left their lights and appliances on as "an act of civil disobedience"? They would actually be the true patriots.
Ironic, isn't it?
Which is a great segue for me to introduce you to the wonderfully titled "ironic process theory."
Ironic process theory, ironic rebound, or the white bear problem refers to the psychological process whereby deliberate attempts to suppress certain thoughts make them more likely to surface.
An example is how when someone is actively trying not to think of a white bear they may actually be more likely to imagine one.
"Try to pose for yourself this task: not to think of a polar bear, and you will see that the cursed thing will come to mind every minute." — Fyodor Dostoevsky, Winter Notes on Summer Impressions
I know, it's not an exact match in India's case today. But think about it – by asking Indians not to switch off their appliances, the Indian government could actually end up making many do exactly that.
What's the opposite of a white bear?
Over to Ranjan, who will take you through the home stretch.
WHO is resilient? Taiwan, that's who.
It's emerging that Taiwan's response to Covid-19 has been amongst the best globally. In a plot twist for the ages, one of the key factors behind this is that the World Health Organisation does not recognise Taiwan. Imagine that.
China, which claims Taiwan as part of its 'One China' policy, blocks the island state from being part of international organisations like WHO or the UN. If you asked the WHO about this, they'd tell you this strange equation doesn't really affect anything on ground.
Taiwanese officials, though, tell a different story. They claim to have reached out to the WHO for information on 31 December. This was the same day Wuhan officials announced the discovery of a new strain of viral pneumonia—what we know today as Covid-19. Taiwan received no response from the WHO.
So Taiwan decided to take matters into its own hands. The same day it reached out to the WHO, it began screening people entering the country.
On 16 January, its health officials visited Hubei, the province the virus originated from. They reported back that things were more serious than either the Chinese government or WHO were letting on, relaying fears of human-to-human transmission. By the time China confirmed the same four days later, Taiwan's Covid-19 response was already up and running. (It was only on 30 January that WHO declared the virus a global health emergency.)
Drills were held at hospitals, while the country also put together a quarantine strategy. It also ramped up the production of protective masks, producing millions of them daily and temporarily banning their export. This has been so successful that Taiwan has even begun donating millions of masks to other countries.
Taiwan reported its first case of coronavirus on 21 January. This is just days removed from countries such as the US and Italy. Since then, Taiwan has seen under 350 positive cases and just five deaths. The US and Italy, on the other hand, have emerged as coronavirus hotspots, with tens of thousands of cases and thousands of deaths.
Interestingly, while Taiwan had its act together by 21 January, it wasn't invited to WHO's emergency response meeting held the following day. As it turns out, WHO's step-motherly treatment of Taiwan may have hurt the world more than it did Taiwan
That's all for today. Tell us what you thought.
We'll be back tomorrow.
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Home / Franchising / 5 Capcom Franchises That Need New Games
5 Capcom Franchises That Need New Games
One of the most satisfying comeback stories in gaming has to be Capcom. I remember not too long ago when Capcom was seen as an anti-consumer company. Resident Evil failed to satisfy fans, and Capcom was caught in a controversy over on-disc DLC. They ran their franchises through the gutter and seemingly lost their touch. Nowadays, Capcom is seen as one of the premier developers as they create hit after hit. Resident Evil has never been better, and they are using more of the legacy series than ever. Not to mention, they reliably make it into the running for the game of the year. With the fantastic output they have been doing recently, I ask how it could be even better. Today I want to discuss a handful of long-forgotten Capcom franchises that need the Resident Evil treatment.
Capcom: Onimusha
Hack and Slash in Feudal Japan
While everyone knows about Resident Evil, not everyone knows its sister series Onimusha. Titled originally as Sengoku Biohazard in Japan, Onimusha is Resident Evil but during the Sengoku era. It's a hack-and-slash affair, but with the artsy camera angles of the Resident Evil titles. This series for quite a while on the PS2 but has had very little representation in the current generation besides an okay HD remake of the original. Onimusha is a series that Capcom may be interested and hopefully, they can bring the series back to life.
Capcom: Bionic Commando
Eat your heart out Spider-Man!
One of Capcoms oldest franchises Bionic Commando has not seen a new title since 2011. The original game followed Nathan "Rad" Spencer as he infiltrated a nazi base to sabotage their evil plans. What made the games unique was that you had a bionic arm that you could use to grapple walls and enemies. Bionic commando was a traditional 2d platformer that took advantage of the agile abilities that his robot arm brought to the table.
The last few games in the series were commercial flops with the 2009 title only selling 1.30 million units in 2022. Bionic Commando deserves some love and attention in modern gaming. The Grapple and swinging mechanics alone have so much potential for future titles. Hopefully, we will see more of Nathan Spencer in the future as Capcom has shown interest in some of their legacy series.
Capcom: Lost Planet
Fighting Aliens in Space!
Out of all of the Capcom Franchises I will be discussing today, Lost Planet is a wild card. The Lost Planet series is a third-person shooter about humanity surviving on an ice planet filled with aliens. The original game was tons of fun and was one of the first titles I played on the Xbox 360. Lost Planet had excellent monster designs and would even let you pilot a giant mech, what more could you want? It's unlikely to ever return since Lost Planet 3 performed way below series expectations, and we haven't heard a peep about the series since. I do think there is a lot of potential for a sequel, especially if they let us pilot a giant robot again.
Capcom: Viewtiful Joe
Cartoony Fun!
You can't spell style without Viewtiful Joe. This game series was magnificent. Viewtiful Joe was a gorgeous comic book-styled side-scrolling beat'em up that found its home on the Gamecube. Originally part of the fabled Capcom Five, which were five seemingly promised exclusives for the Gamecube, Viewtiful Joe was an instant cult hit. It was expressive and filled to the brim with personality, which was a perfect fit for the Gamecube. A few sequels came out in the proceeding years, but we haven't seen anything from the series since 2005, but there is hope. Hideki Kamiya, the director and creator of Viewtiful Joe, has shown interest in concluding the series with a third title. It is up to Capcom if they want to give Kamiya the ability to finish his series off with a bang and hopefully, we'll get it at Mach speed!
Capcom: Dino Crisis
Dinosaur Horror is at its best!
You can't have a classic action horror franchise from Capcom without Shinji freaking Mikami and it's not Resident Evil. Dino Crisis is a true evolution from the original Resident Evil and has all of Shinji Mikami's trademarks. Artsy camera angles, a vast arsenal, and terrifying bosses. The twist of Dino Crisis is that you fight extremely intelligent dinosaurs instead of zombies. The original Dino Crisis game was a PS1 classic that is well worth playing, but unfortunately, the series died when Dino Crisis 3 was released. It is a notoriously bad game that single-handedly tanked the entire series, and we haven't had a game since. Dino Crisis has so much potential and could easily get the RE 2 Remake treatment if Capcom cared about the franchise. Fans want a new Dino Crisis game desperately because of its compelling gameplay and over-the-top characters. You know what to do Capcom.
These are our top picks for Capcom franchises that we would love to see new entries in. If you have any games you would want to see, let us know over on Twitter!
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redpajama_set_name: RedPajamaCommonCrawl


text:
namespace rqt_ardrone {

class StatusPanel : public QGraphicsItem
{
public:

	enum DroneStatus
	{
		EMERGENCY = 0,
		INITED,
		LANDED,
		FLYING,
		HOVERING,
		TEST,
		TAKINGOFF,
		GOTOHOVER,
		LANDING,
		LOOPING
	};

	StatusPanel();

	QRectF boundingRect() const;

	void paint(QPainter *painter,
			   const QStyleOptionGraphicsItem *option,
			   QWidget *widget);

	void setStatus(DroneStatus s) { currentStatus_ = s; }

private:

	DroneStatus currentStatus_;

};

} // namespaces

#endif // rqt_ardrone__navdata__status_panel_H

redpajama_set_name: RedPajamaGithub


text:
Home Local Reporter packs up 'georgie bundle' and leaves ZNS following editorial war
Reporter packs up 'georgie bundle' and leaves ZNS following editorial war
GIOVANNI STUART
Reported Editorial War and Confusion rests in ZNS Newsroom
Nassau, Bahamas — Breaking news coming into Bahamas Press tonight confirms a reporter has packed up his tent parked in ZNS and has left the Broadcasting Station following a number of editorial wars unfolding in the newsroom of the Corporation.
In a statement circulated to the press and to the editorial pages of BP, Giovanni Stuart has resigned. In a statement posted on facebook the reporter wrote the following:
After seven (7) year tenure and becoming one of the leading figures in broadcast radio and television news in The Bahamas, Giovanni Stuart, has left ZNS, to pursue other private sector media and communications interests.
The following statement taken from his Facebook page: https://www.facebook.com/pages/GiovanniStuart/180671891966383
" I would like to thank my family, friends, peers and fans – the world over – for all of your love, prayers, support, compliments and encouragement… I love You! I am eternally grateful to the Broadcasting Corporation of The Bahamas for the opportunity to serve The Bahamas, through the media arts, nationally and internationally… I still believe ZNS/TV-13 is rich with talent and will one day grow to become the iconic media institution that it was envisioned to be… A beacon of change, hope, information and enlightenment for Bahamians and the global community… As a reporter/anchor, I have always sought to present creative, quality, helpful, balanced, diverse, nonpartisan reports… In a spirit of excellence, *innovation and creativity, I have, where possible, seized the opportunity to highlight the positive contributions and advancements of our peoples, culturally, in the arts, politics, business, sports, sciences, etc… While showcasing the beauty, wonder and charm of our marine-based natural environment… With diligent enthusiasm and a passion to inform, educate and entertain, my mandate remains the same… I will continue to partner with my colleagues, government, nongovernment and private organizations as we collectively promote and transform The Bahamas to meet its true Island Destiny and 21st Century Potential…"
*N.B. Among his innovative contributions to broadcasting, Giovanni Stuart was recently recognized by The College of The Bahamas as the Official pioneer of iReporting in The Commonwealth Of The Bahamas (through the use of computer tablet technology, i.e., the iPad). Giovanni is one of the first Broadcast Reporters in the World to do so. WATCH THE NEW T.A.R. STADIUM LAUNCH HERE:~ http://youtu.be/qXoWpqqx5o8
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This entry was tagged Brain Education, Brain Mastering, BTS, Danielle Gaudette, Global Cyber University, Ilchi Lee, Love, Love yourself. Bookmark the permalink.
Thanks for sharing your recent journey Danielle It is always insightful and comforting. I am reading the same book and find it most helpful. Also facing with heightened and painful awareness the blocks to self- love you describe. I wonder if they are archetypes that are universal but we each come through a different door to face them.
Hi Charlene. The key is to stay with the feeling, not the thoughts. Even when you find yourself in judgement, try to feel the feeling of judgement in your body and stay present with that feeling, until it dissolves. Not easy….but eventually it works 🙂 . This is "watching"!


text:
Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy?
E. Hak, G.A. van Essen, W.A.B. Stalman, R.A. de Melker
VU University medical center
https://doi.org/10.1093/fampra/15.2.138
10.1093/fampra/15.2.138
Hak, E., van Essen, G. A., Stalman, W. A. B., & de Melker, R. A. (1998). Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy? Family Practice, 15(2), 138-143. https://doi.org/10.1093/fampra/15.2.138
Hak, E. ; van Essen, G.A. ; Stalman, W.A.B. et al. / Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy?. In: Family Practice. 1998 ; Vol. 15, No. 2. pp. 138-143.
@article{fb120b7347ab4623ae2bea117be4270d,
title = "Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy?",
author = "E. Hak and {van Essen}, G.A. and W.A.B. Stalman and {de Melker}, R.A.",
doi = "10.1093/fampra/15.2.138",
journal = "Family Practice",
Hak, E, van Essen, GA, Stalman, WAB & de Melker, RA 1998, 'Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy?', Family Practice, vol. 15, no. 2, pp. 138-143. https://doi.org/10.1093/fampra/15.2.138
Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy? / Hak, E.; van Essen, G.A.; Stalman, W.A.B. et al.
In: Family Practice, Vol. 15, No. 2, 1998, p. 138-143.
T1 - Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy?
AU - Hak, E.
AU - van Essen, G.A.
AU - Stalman, W.A.B.
AU - de Melker, R.A.
U2 - 10.1093/fampra/15.2.138
DO - 10.1093/fampra/15.2.138
JO - Family Practice
JF - Family Practice
Hak E, van Essen GA, Stalman WAB, de Melker RA. Improving influenza vaccination coverage among high-risk patients: a role for computer-supported prevention strategy? Family Practice. 1998;15(2):138-143. doi: 10.1093/fampra/15.2.138


The Complainant is Microsoft Corporation, of Redmond, United States of America, represented by Freshfields, Bruckhaus, Deringer, of London, United Kingdom.
The Respondent is Damian Macafee, of London, United Kingdom.
The disputed domain name <micorosft.com> (the Domain Name) is registered with BulkRegister.com.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the "Center") on January 14, 2004. On January 15, 2004, the Center transmitted by email to BulkRegister.com a request for registrar verification in connection with the domain name at issue. On the same day, BulkRegister.com transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details for the administrative and technical contact. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the "Policy"), the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules") and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the "Supplemental Rules").
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on January 19, 2004. In accordance with the Rules, paragraph 5(a), the due date for Response was February 8, 2004. The Respondent did not submit any response. Accordingly, the Center notified the Respondent�s default on February 13, 2004.
The Center appointed Ross Wilson as the sole panelist in this matter on February 19, 2004. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, paragraph 7.
The Complainant is a well-known worldwide provider of computer software and related products and services, including products for use on the Internet and for developing Internet software, online services and information delivered via the Internet. Since its inception in 1975, Microsoft has created software and Internet services for use in the workplace, home and education.
The Complainant�s products and services include computer operating systems, client/server applications, business and consumer productivity applications, software programming tools, interactive media programs, Internet platform and development tools, computer internet devices, online information and entertainment services, electronic commerce services and computer publications.
The Complainant offers these goods and services to the public under the registered trade mark MICROSOFT. The Complainant owns trade mark registrations for MICROSOFT in various countries around the world.
Microsoft has spent substantial time, effort and money advertising and promoting the MICROSOFT trade mark throughout the world. As a result, the MICROSOFT mark has become distinctive and well-known and the Complainant has developed considerable goodwill in the brand to the extent that Interbrand ranks it as the second most valuable brand in the world.
The Complainant has established Internet websites located at domain names comprised of the MICROSOFT trade mark, including "microsoft.com" and "microsoft.net". The Microsoft websites allow computer users throughout the world to access information regarding Microsoft and its products and services and to use and enjoy the internet services provided by the Complainant. The Microsoft websites include different home pages for many of the countries in which the Complainant markets its products and services. The Complainant�s rights in the MICROSOFT trade mark predates the Respondent�s registration of the Domain Name.
On November 11, 2003, the Complainant sent a letter to the Respondent demanding that the Respondent cease using the Domain Name and transfer ownership of the Domain Name to the Complainant. The courier was informed that nobody answering to the Respondent�s name was known at that address. The courier nonetheless delivered the letter through the letterbox. A copy of the letter was sent by e-mail on November 25, 2003, to the e-mail address listed in the WHOIS registration for the Domain Name. The Respondent did not reply to the original letter or the subsequent e-mail.
The Respondent registered the domain name on June 26, 2000. The disputed domain name resolves to another web site advertising links to a number of other sites. All attempts (mail and email) to contact the Respondent by WIPO and the Complainant have failed.
The Complainant contends that the Domain Name is confusingly similar to the Complainant�s trade mark as the only difference between the Domain Name and the Complainant�s trade mark is the deliberate misspelling of the MICROSOFT mark. This has been achieved by moving the two "O"s in the MICROSOFT mark from their position on either side of the letter S in MICROSOFT, to either side of the letter R. This conduct, commonly referred to as "typo squatting", has been established in previous UDRP decisions to create confusion in the minds of users. Given the extent of the Complainant�s promotion and advertising of the MICROSOFT trade mark, it cannot reasonably be argued that a person registering the Domain Name could have been unaware of the Complainant�s use of and trade mark rights vested in MICROSOFT. The Domain Name is also confusingly similar to the Complainant�s website "www.microsoft.com".
The Complainant argues that the Respondent has no right or legitimate interest in the Domain Name. There is no relationship between the Respondent and the Complainant. The Complainant has not licensed or otherwise permitted the Respondent to use its name or its MICROSOFT trade mark or register a domain name incorporating its name or trade mark. The Complainant is not a customer of the Respondent. There is no suggestion that the Respondent is commonly known by the name "Micorosft" or that it has acquired any trade mark rights in that name.
The Complainant contends that the Domain Name has been registered and is being used in bad faith. When an Internet user types "www. micorosft.com" into the address bar of his or her Internet browser, the user is redirected to another website containing hyperlinks to sites offering goods and services for sale. The Complainant argues that the primary purpose for which the Respondent has registered and is using the Domain Name is to attract, for commercial gain, Internet users to the site by creating a likelihood of confusion with the Complainant�s MICROSOFT mark as to the source, sponsorship, affiliation, or endorsement of the site or of a product or service on the site. There is no element in the Site that would in any way justify the Respondent�s use of "micorosft" in the Domain Name. The Respondent is, therefore, taking free advantage of the goodwill and reputation of the Complainant�s trade mark as part of a financially-driven attempt to draw Internet users to the Site. As a result, the Complainant�s trade mark MICROSOFT is being diluted and tarnished, and the goodwill that the Complainant has established to date is being damaged.
The Complainant suggests that it may well be that the Respondent has registered other domain names which are identical or confusingly similar to famous trade marks which the Complainant�s searches have not revealed.
The Complainant clearly has trademark rights in the word "microsoft" dating back to use in 1975, UK registrations from 1979, and European Community registrations from 1996.
The disputed domain name <micorosft.com> differs from the Complainant's established trademark rights by the typographical transposition of the two letters "o" on either side of the letter "r" instead of the letter "s". In the Panel's view, the visual appearance of the word "micorosft" in the disputed domain name gives the impression that it is the same as the Complainant's trademark and is likely to cause confusion.
This confusion is quite similar to the disputed domain name <microosoft.com> in Microsoft Corporation v. Charlie Brown (WIPO Case No. D2001-0362) where it was held to be visually the same as the Complainant's trademark. Other examples where disputed domain names with typographical errors or misspelled variations of trademarks have been held to be "confusingly similar" include; American Online Inc. v. John Zuccarini (WIPO Case No. D2000-1495), The Toronto-Dominion Bank v. Boris Karpachev (WIPO Case No. D2000-1571), Google Inc. v. Namerental.com and Leonard Bensonoff (WIPO Case No. D2001-0060), Telstra Corporation Limited v. Kandasamy Mahalingam (WIPO Case No. D2000-0999) and Hobsons, Inc. and Peter Carrington a/k/a Party Night Inc. (WIPO case No. D2003-0317). The American Online case well summarises the position taken on misspellings where it was stated that "The mere addition of a minor misspelling�does not create a new or different mark in which the Respondent has rights. Instead it results in a domain name that is confusingly similar to the Complainant's mark".
Based on this view and on the previous decisions dealing with typographical errors and misspellings, the Panel finds that the disputed domain name is confusingly similar to the Complainant's trademark.
Based on the information before the Panel, none of the above ways of demonstrating rights to or legitimate interests in the disputed domain name could possibly be maintained by the Respondent. The Respondent registered its domain name well after the Complainant obtained rights in its trademark. There is no evidence that the Respondent is commonly known or has acquired rights in the domain name. The Complainant has stated that the Respondent is not a representative of the Complainant or licensed to use the Complainant's trademark.
Finally, the Respondent's use of the disputed domain name deliberately diverts those Complainant's customers or those Internet users interested in the company's products but who unintentionally make a typographical error when typing in the Complainant's mark or name. Consequently, no legitimate non-commercial or fair use of the domain name can be found.
Based on the evidence presented, it is the Panel's view that the Respondent has no rights or legitimate interests to the disputed domain name.
The circumstances of paragraph 4(b) involve possible bad faith motives of: (1) selling, renting or otherwise transferring the domain name for valuable consideration, (2) preventing the trademark owner from having its trademark as a domain name (provided there is a pattern of such conduct), (3) disrupting the business of a competitor or (4) attracting Internet users to a website for commercial gain by creating confusion with the Complainant's trademark.
In this case, the last of the above bad faith motives is apparent, that is, attracting Internet users to a website for commercial gain by creating confusion with the complainant's trademark. There can be no doubt that the Respondent was aware of the Complainant's trademark and associated reputation when it registered the misspelling of the well-known trademark as a domain name.
The Respondent appears to have deliberately registered a domain name that would capitalize on typographical errors based on the Complainant's trademark. In other words it was designed to take advantage of Internet users who mistype it. In Google Inc. v. Namerental.com and Leonard Bensonoff (WIPO Case No. D2001-0060) the Panelist found that a minor spelling variant to a well-known mark, without any explanation, alone creates a prima facie inference of bad faith. Similarly, in AltaVista Company v. Saeid Yomtobian (WIPO Case No. D2000-0937) the Panelist found "the use of misspellings alone is sufficient to prove bad faith under paragraph 4 (b)(iv) of the [ICANN] policy because the Respondent has used these names intentionally to attract, for commercial gain, Intenet users to his website by making a likelihood of confusion with the Complainant's mark". As in the Google and AltaVista cases, no evidence to overcome the bad faith registration and use inference has been submitted to the Panel.
In the Panel's view the distinctiveness and reputation of the Complainant's well-known trademark and the improbability of the Respondent coming up with the disputed domain name name independently provides no obvious explanation other than the registration and use was made in bad faith with the intent to attract business to its site, disrupt the business of the Complainant and/or profit from the eventual sale of the domain name. Similar conclusions about opportunistic bad faith registration are found in numerous decisions, such as, Cellular One Group v. Paul Brien (WIPO Case No.D2000-0028), Telstra Corporation Limited v. Nuclear Marshmallows (WIPO Case No. D2000-0003), Charles Jourdan Holding AG v. AAIM (WIPO Case No. D2000-0403), Nintendo of America Inc v. Pokemon (WIPO Case No. D2000-1230), Neuberger Berman Inc v. Alfred Jacobsen (WIPO Case No. D2000-0323) and Telstra Corporation Limited v. Brett Micallef (WIPO Case No. D2000-0919).
Finally, the lack of a response to this complaint infers that the Respondent could not provide any good faith use of the domain name (see Encyclopaedia Britannica v. John Zuccarini, WIPO Case No. D2000-0330 and eBay Inc. v. Sunho Hong, WIPO Case No. D2000-1633).
In view of the evidence provided, the precedent found in similar cases, the past pattern of behaviour, the lack of response and the incorrect contact information, the Panel finds that the Respondent registered and used the disputed domain name in bad faith.
For all the foregoing reasons, in accordance with Paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <micorosft.com> be transferred to the Complainant.


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text:
"Paulites'" Online Organization Pays Off
Sarah Lai Stirland
The online organizational efforts of Texas Congressman and presidential hopeful Ron Paul appears to have paid off this week-end at the Ames, Iowa straw poll. Media reports, the campaign itself, supporters and self-styled pundits all noted both the turnout at the festivities on Saturday as well as his relatively strong showing against his rivals. A […]
The online organizational efforts of Texas Congressman and presidential hopeful Ron Paul appears to have paid off this week-end at the Ames, Iowa straw poll.
Media reports, the campaign itself, supporters and self-styled pundits all noted both the turnout at the festivities on Saturday as well as his relatively strong showing against his rivals.
A Wall Street Journal postmortem analysis of the poll results called Paul's fifth placement "impressive," given his "narrowly-defined" candidacy.
Other reporters on the trail noted throughout the week-end that the fairground was covered in Ron Paul signs. And one excerpted post on a Paul-supporter libertarian-leaning Web site notes:
"Lastly, Ron Paul, though fifth, showed that he was able to translate his Internet support into votes on the ground in a difficult environment with little name recognition. That he received approximately 500 more votes than his campaign gave away tickets while only spending a week or two in the state indicates he may be the only Republican candidate that can truthfully claim grassroots support (the Paul campaign only opened their official Iowa headquarters this past Friday.)"
Paul had said that he had hoped to place fourth in the poll -- nevertheless, his campaign sounded an optimistic note.
"On behalf of Dr. Ron Paul and his wife Carol, and the Ron Paul 2008 campaign staff, I thank our supporters and volunteers in Iowa and throughout the country for the strong showing in the Iowa straw poll. We are pleased and encouraged by the results," wrote his campaign chairman Kent Snyder in a note sent out to supporters, and on the campaign Web site.
Paul placed fifth with 1,305, or 9.1 percent of the votes, behind Congressman Tom Tancredo (13.7 percent, ) Kansas Senator Sam Brownback (15.3 percent) and Mike Huckabee (18.1 percent) and Mitt Romney with 31 percent.)
He beat out former Wisconsin Governor Tommy Thompson (who spent half a million on the Ames campaign,) unofficial Republican presidential candidate Fred Thompson, and front runners New York Mayor Rudolph Giuliani and Arizona Senator John McCain (none of whom participated in the Saturday speech-making and festivities.)
Like Huckabee, Paul's Ames, Iowa campaign did not provide transportation for supporters. Volunteers organized their own transportation through Meet-Up, manned phone banks and placed advertisements in newspapers on behalf of their candidate. Paul campaigned throughout the week in the state, and he also placed television and radio advertisements.
Photo: via Travis Church, aka "Kaptain Krispy Kreme" on Flickr.
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text:
Cricket Prediction Melbourne Stars vs Hobart Hurricanes Big Bash League 22.12
December 21, 2019 December 22, 2019 Saurav 362 Views
Melbourne Stars vs Hobart Hurricanes will be the eighth cricket game of the tournament. This will be the second game for both Melbourne Stars and Hobart Hurricanes in the ninth season of Big Bash League. Both teams have won their first game of Big Bash League. Our prediction expert reckons it is going to be a high-scoring game of cricket between two batting sides.
Tournament: Big Bash League
Cricket Match format: T20
Cricket match time: 9:15 am IST
Cricket match date: 22.12.2019
Venue: Carrara Oval, Queensland
Weather: Pleasant, Temperature: 26 degrees, Thunderstorms: 0%
Team A: Melbourne Stars
Team B: Hobart Hurricanes
Team A Captain: Glenn Maxwell
Team B Captain: BR McDermott
Melbourne Stars are going to be led by Glenn Maxwell in this season of Big Bash League. They finished up at the runners-up spot last year after losing the derby against Melbourne Renegades.
Melbourne Stars will once again be dependent on their star performer of last year, Marcus Stoinis. They have two International stars with Stoinis and Maxwell and their journey in this cricket tournament will be largely dependent on their performances.
In their first game riding on Maxwell's brilliant 83 off 39 balls, Stars won the game against Brisbane Heat. On batting first, Stars posted 167 runs on the board and then defended the total easily by 22 runs.
Our prediction is of the same playing eleven that played the last cricket game.
Here is our prediction of Melbourne Stars' playing XI:
NJ Maddinson
MP Stoinis
HWR Cartwright
PSP Handscomb
GJ Maxwell
Haris Rauf
BR Dunk
CD Hinchliffe
A Zampa
DJ Worrall
S Lamichhane
Hobart Hurricanes are going to be led by BR McDermott in the first few cricket games. Matthew Wade is currently busy with an International commitment and as a result, McDermott has got the opportunity to lead the side.
Hobart Hurricanes have a unique mixture of youthful exuberance and experience. They have the list of match-winners in their line up. The presence of David Miller and James Faulkner provide them with experience, whereas they have one of the best openers in limited overs international of Australia in D'Arcy Short.
Qais Ahmad's remarkable spell of three wickets in four balls in the second over made it quite an easy win for the Hobart Hurricanes in their first match. Hobart would be hoping for similar performances from their players.
Here is our prediction of Hobart Hurricanes' playing XI:
BR McDermott
DJM Short
Riley Meredith
CP Jewell
S Milenko
NT Ellis
Qais Ahmad
CA Rose
Expert Prediction: MS vs HH
The ninth season of the Big Bash League is underway. The tournament will be played over a period of 42 days and a total number of five teams will have the chance to qualify for the finals, instead of the usual four teams.
As per the new format, the teams finishing in the top two will be rewarded for their consistency, unlike in previous seasons. While the winner of the 'qualifier' played between the top two teams will reach the final straightaway, the loser will play the 'challenger' against the winner of the 'knockout' which is going to be played between the side that finished third and winner of the 'eliminator'.
The Eliminator is a newly introduced knockout feature, which will be played between the teams finishing at number fourth and fifth on the points table. Hence, out of the eight teams, five teams will have a chance to play the final and win the tournament.
Melbourne Stars and Hobart Hurricanes are going to lock horn in this game of cricket. In the last five encounters between the two sides, Stars has been the winner on three occasions while Hurricanes have won two matches.
Our prediction is of a win for Melbourne Stars as they seem to have more variety in their squad while Hurricanes are still trying to find the right fit under a new skipper.
Toss prediction? – The team winning the toss will look to bowl first as the T20 game is hugely a chase-friendly format. Hence, irrespective of the conditions, our prediction is that the team winning the toss would like to bowl first.
Who will win? – Melbourne Stars
Top Batsman – Glenn Maxwell (MS), DJM Short (HH)
Top Bowler – Sandeep Lamichhane(MS), Qais Ahmad (HH)
Most Sixes – Glenn Maxwell (MS), DJM Short (HH)
Man of the Match – Glenn Maxwell (MS)
Team Scores Batting first – Melbourne Stars (170+), Hobart Hurricanes (160+)
Our Official Partner Odds for Melbourne Stars vs Hobart Hurricanes
10CRIC.com Betting Odds
Melbourne Stars – 1.60
Hobart Hurricanes – 2.15
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Shamanism and Energy Medicine can help you to understand the root causes of your stress, anxiety, fears, or illness. Book your sessions today, and release what no longer serves.
Every Monday I send out a medicine teaching that you can use in your own life.
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Mike Crabtree is the President and CEO of Saskatchewan Research Council (SRC). SRC has specific focus on Enhanced Oil Recovery, Partial Upgrading and Methane Emissions Reductions with some of the most advanced expertise and laboratories in Canada. With 35 years engineering and management experience in oil and gas, Mike Crabtree currently serves on the boards of several Canadian and US oilfield services companies as well as the Canadian Heavy Oil Association. Prior to this he was Founder and CEO of Oilflow Solutions Inc. and before this, held a number of senior roles worldwide with Schlumberger. Mike holds a master's degree in petroleum engineering and a degree in chemistry.


text:
Theme Of Weather In The Great Gatsby
Symbolism of Weather in The Great Gatsby Throughout most novels there are recurring elements that have symbolic significance that help produce the novel's theme or mood. In The Great Gatsby, Fitzgerald uses weather to help support the motif. Weather is a symbol that is frequently used in the novel to set the emotional tone during certain scenes like dark and rainy days are considered melancholy therefore the tone of the overall scene is depressing. Not only is weather used to set the tone, but it also affects the characters emotions and feelings because like the four seasons of spring, summer, autumn, and winter, the love between Gatsby and Daisy grows and dies much like spring and winter. In F. Scott Fitzgerald's novel, weather is symbolic to the tone of the piece while simultaneously emphasizing the emotion in the story which is seen during Gatsby's reunion with Daisy and when Gatsby and Tom confront each other. Fitzgerald relies on the weather to emphasize the emotional aspect of the story during Gatsby's reunion with Daisy. This reunion is crucial to the story because the reader is unsure if Gatsby ever had a previous relationship with Daisy. On this special day that Nick has arranged for Gatsby, it is "pouring" rain as he is waiting for Daisy to arrive (Fitzgerald 83). Fitzgerald uses the verb pouring instead of the noun drizzling to emphasize the the tone of the scene. When it is raining heavily, each drop that hits the ground make a
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An accessible game to those unfamiliar with tactical RPGs, Guards has enough to satisfy newcomers, but its reliance on grinding as well as its limited gameplay system might persuade veterans to look for something deeper.
Ultimately, Guards embraces a design so simplistic that it feels as though it's falling short of itself. The gameplay can be fun and challenging, but it also falls into a rut pretty quickly.
Guards is an okay game to sink some free time into that can bring a modest amount of fun, but its downfall is its restricted gameplay that could have been developed that bit more to flesh it out.


This riverside house is compact and warm. With thermal mass elements, a northern orientation and 'super insulated' skin, it exemplifies environmentally sustainable architecture. Structural blockwork is exposed internally. All windows are double glazed and the roof has an R 5.1 rating. Walls and floors are fully insulated. In2Construction's familiarity with the architect's methods was crucial; the design required meticulous setting out and detailing.


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Event Galleries Photos
Mamangam Press Meet
December 4, 2019 December 4, 2019 Kiran sa
The epic tale of Megastar Mammootty starrer "Mamangam" is all set to emblazon the screens with its gigantic appeal from December 12, 2019. With the entire crew involved in the spree of promotions, Megastar Mammooty, Unni Mukundan, Iniya, Director Padmakumar and others from the team were present to interact with the media and press about the phenomenal experience of working together in Mamangam.
The event commenced with the screening of film's visual promos, songs and special video on errecting the mammoth sets.
Vivek Ramadevan, Executive Producer, Kavya Film Company said, "Our producer Venu couldn't make it for the occasion as he is busy with works pertaining to the film. We are really excited and at the same time little nervous as Mamangam happens to be the first ever costliest movie from Malayalam film industry, especially a multi-lingual film. The film is about a multicultural festival that started before centuries from now, which has record of just 800 years as of now. What started as a religious festival later became a trade fair as traders and craftsman from all over the world would come there. But sooner, the land got confined to war and supremacy. Mammootty sir will be playing a role with three different shades, which we are keeping it as a secret element."
Director Ram, who has written dialogues for the Tamil version said, "Much alike Indravizha festival we came across in the book of Silapathigaaram, this one too is based on the festival that happens in Kerala from the ancient times. The land soon became a victim of war and it is about a wondering history of 3 warriors who come across the river to wage war against mammoth Herculeans. I wouldn't say that it's a Malayalam movie, but it's an original Tamil film as Chera Kingdom was also a part of Tamil Nadu during the ancient times. When I was approached for the role of penning dialogues, I couldn't say No. The entire process of working in Mamangam was a phenomenal experience."
Director M Padmakumar said, "It's a rare experience for all of us in the team as such movies at a big scale hasn't been made so far in our Malayalam industry. I thank Mammootty sir for having me a part of this project. It's because of Director Ram, the film's Tamil version has shaped up very well."
Shankar Ramakrishnan, who has written adapted screenplay said, "For a person like me, making a film like this is unbelievable. More than money that is essential for such movies to get materialized, there has to be a leader to get this done. Before centuries, where partition happened, it was like whole South Indian territory was a Dravidian terrain. If not for Mammootty sir, this entire project would have not been possible. It was his vision and ambitious drive that has made Mamangam a Pan-Indian project."
Actress Prachi Tehlan said, "Last year, when I was doing a show for Star Plus, I got an offer to play an important role in Mamangam. I am really privileged to be a part of such a big project and my role is something that I can never forget . I thank Mammootty sir, Unni Mukundan, Director Padmakumar sir and everyone in the team. I request everyone to experience Mamangam on big screens on December 12, 2019.
RC Kamala Kannan, VFX Director said, "There are 2050 VFX shots in the film. While working in Baahubali, it was a different experience as there would be space for us to work on. However, Mamangam was entirely unique and unparalleled as the production team itself had worked so much physically on the sets. So it was more challenging to give a perfect touch. It is first time in my career as VFX artist, I was given to work based on Reel count. Many are comparing this film with Baahubali. I would like to make it clear that Baahubali is a fantasy film and Mamangam is a period film based on true history."
Actress Iniya said, "I am extremely happy to be a part of film like Mamangam that narrates the history of Kerala. I got a big opportunity to unleash my potentials as a dancer, especially for the song Mookkuthi. Moreover, I am happy to be making my comeback to the Tamil industry through this film. The film's panache especially with linguistic approach in blending Malayalam with Sanskrit that was present during the ancient times is one of the greatest highlights. This is my third movie with Mammootty sir. Unni and Achuthan have done remarkable action sequences.
Actor-Master Achuthan said, "I got selected through an audition that was held in Kallari. I thank Mammootty sir for giving precious advice all throughout the shooting. I request everyone to watch the film "Mamangam" in theatres."
Actor Unni Mukundan said, "My first film's audition happened in the same area and to be here meeting you all for the promotion of a big project like Mamangam gives me immense pleasure. The reason for me being a part of Mamangam is completely because of Mammootty sir. He has been a guide and mentor to me all throughout the career giving me advice. The film has lots of grandeur and has so much of history to revisit."
Actor Mammootty said, "I feel it as a duty to bring history to audiences through films. Today, we are watching many films from different languages, what connects us together is the emotions that are conveyed. The film even in original version will have the linguistic connect with Tamil. Mamangam isn't a revenge story, but it will delve into the philosophy, where there's no point in seeking revenge and It is conveyed as a beautiful element in the end. In fact, it will have a contemporary prominence of what many are fighting for. Director Ram has been so much supportive in making this film as a Tamil movie."
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Forward Joe Malkin has signed a new contracted committing his future to Nantwich Town, the club has announced.
Malkin joined the club in the summer from Cammell Laird and scored five goals in December.
Joe Malkin delivered a knock-out punch to Stafford Rangers with a brace on Boxing Day in Nantwich Town's 4-1 win.
The victory in front of more than 800 supporters consolidated Nantwich's place at the top of the Evo-Stik Premier Division.
Willaston White Star hit Elworth Park Rangers for seven in one of just a handful of Crewe Regional Sunday games to survive the rain.
Willaston were helped by Elworth being reduced to just nine men in the Premier Division clash.
Crewe Athletic moved back to second place in the Sunday Regional Premier Division with a 7-2 win over bottom club Talbot.
Ash Dobson and Faith Arowsafe both scored twice in one of only two top league games to survive the wet weather.
Nantwich Town showed superb resilience to come from behind and beat a strong Hyde United team at Ewen Fields.
The win ensures Nantwich will sit be top of the Evo-Stik Premier Division at Christmas.
Nantwich Pirates got back to winning ways in Crewe Sunday Division One with a 5-4 win over Sandbach Town.
Scott Rankin netted a hat-trick with Wayne Garnett scoring two.
Crewe Ath and Willaston WS progressed to the semi-finals of the Crewe FA Sunday Cup following penalty shoot-out wins.
Crewe Ath must have thought they had won their tie in normal time leading 3-1 against Betley going into the last minute.
Nantwich Town sit proudly at the top of the Evo-Stik Premier League today after an away victory at the seaside.
The Dabbers, who started the day in second place, earned a battling 1-0 win at Whitby Town.
Willaston White Star hit White Lion Ford Lane for five in their Crewe Regional Sunday League Premier Division clash.
Star got off to a flying start with a first minute goal from Luke Gillan, and added further goals from Liam Tetlow, Michal Boryczewski and Fraser Pyke-Wint (2).


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Alanna Heiss, On the Horizon
By Rachel Small
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The forsaken public school. The former jail. One abandoned warehouse after another. Most would see crumpled destitution; Alanna Heiss saw empty space. Over the last 50 years, Heiss has shattered the institutional limits of curating: she had the vision to fill the void, and the knack to know how to do so. Dozens of New York's deserted corners in the late 1960s and early 1970s became, under Heiss's direction, artist studios and arenas for exhibitions and performance. The school? P.S. 1 Contemporary Art Center, of course, today MoMA PS1. ("The anti-museum," Heiss had imagined, though PS 1 is hardly that now.)
Heiss's loftiest ambition was her Tribeca Clocktower Gallery. "I wanted it to be a kind of heaven," she remembers of 108 Leonard's Street's top floors and rooftop. "Inapproachable heaven." Heiss acquired the 10,000-square-foot space in 1972, turning it from a storage area to a gallery and artists' residency. Above the public's eyeline (and often heads), the Clocktower staged year after year of fearless, genre-defining shows—from Vito Acconci's "Under History Lessons," where viewers spoke with Acconci as though he were their student and teacher, to Gordon Matta-Clark's "Clock Shower," where the artist lathered up while dangling from the face of the clock.
In 1976, Heiss turned her focus to P.S. 1, knowing the massive edifice would require her full attention to make it the world's best, which was her resolute goal. Yet as she shuttered other spaces, she couldn't bring herself to close Clocktower. When Heiss stepped down from MoMA PS1's directorship in 2008, she returned to it, fancying she'd spend the rest of her working days there. She moved Art International Radio (AIR), which originated at P.S. 1, to her new headquarters. The last five years have seen a number of musical collaborations and—all things considered, somewhat perfectly—a show by James Franco (whom Heiss incidentally likens to Andy Warhol).
It all threatened to fall apart when, reading in the paper one day, Heiss saw that Mayor Bloomberg was selling the building. Fighting to retain Clocktower would have probably proved futile. But Heiss wasn't about to retire out of such an annoyance, however significant. Like in the '70s, she set out to find new, interesting spaces in the city in which to keep Clocktower ticking. And since the '70s, plenty have cropped up.
Dustin Yellin's Pioneer Works in Red Hook houses the Clocktower's first satellite show, a retrospective titled "Dale Henry: The Artist Who Left New York." Henry, who died in 2011, left behind the money-driven intensity of 1970s Soho for rural Virgnia, subsequently fading into obscurity. He bequeathed his life's work to Heiss under the condition it would never enter the commercial art market. Heiss will distribute the works to other artists when the show ends in February.
Also in the works for Clocktower are a series of pop-ups in Times Square and a show at Knockdown Center, a multipurpose venue in Queens. Heiss's new office and AIR base will be in Gramercy's up-and-coming multi-purpose collective NeueHouse.
Heiss was born in Kentucky and raised in Illinois. She studied music, but when her aspirations to be a classical violinist were dissuaded, a stint in New York's rock-'n'-roll scene helped her initially connect with artists. We met her at her Tribeca apartment, coming in from a sub-zero January night.
ALANNA HEISS: I don't know you, Rachel, so I don't know if you're really an art critic or an art historian or a journalist or an arts journalist.
RACHEL SMALL: I'm an arts journalist. I was an art history major in college.
HEISS: So you're a closet art historian disguised as a journalist. Knowing and learning about art of your time does not usually come through art historians. It comes through things we read about in newspapers. So that really means that the gatekeepers, to one learning to love art are journalists rather than historians. Journalists who care about art have a tremendous responsibility. That's the end of the lecture I give you on journalism. Now let me give you a drink. It's the end of a long day, Rachel.
SMALL: I couldn't agree more.
HEISS: [laughs] And you've come at a frigid time. Let's toast each other. To not being frigid. To the warmth of a creative.
SMALL: You briefly studied philosophy and aesthetics at the University of Chicago. What did you find interesting about that?
HEISS: The idea of discussing aspects of beauty. Those subjective qualities become quite interesting to a person in their 20s who's trying to figure out what life is composed of and how it works.
Of course, since I was playing the violin and playing the piano, I didn't actually have to think about thoughts about being beautiful. That was just something I did. Especially in the piano. The piano is quite useful, because it's all in black and white—and that's a deliberate pun. You play the note, you get the note. You miss the note, you miss the note, that's it. The piano is just there, and that makes it the ultimately therapeutic issue. I think if therapy isn't working, someone should buy a piano and start taking lessons learning Bach. Bach is a composer that makes everything regular. Bach says to us, "Rachel, if you learn how to play my song, your life will work out." Bach takes us out of chaos, which is the terror. Bach says, "I can bring you out of chaos," which is an extraordinary thing for an artist to do. Mostly in the art that you and I are involved with, Rachel, the artist says something very different, which is "Come with me, visit me in my room full of chaos." That's always a chance you take when you look at a work and you try to enter that work. If you're really captured in that work, or captured in the room, you deal with the results.
SMALL: When I went to the Clocktower's closing, every single space just—you became completely immersed.
HEISS: And [the art] asked you different questions when you were in that space. A connection between philosophy and the contemporary art is that most artists, when they make their art, ask questions. Philosophy is a study of trying to find answers. Artists are always pushing, pushing, pushing ambitiously to find out if they've wrestled the questions into the picture, if they're really confronting them in an honest way. It's quite different than being a sort of happy landscape painter and saying "It's so cold, there's the sun, everything's right, and now you can be happy." Well, you want to know what we're doing now. When I started in the '70s, I had pretty high ideas, I organized some shows. I wasn't an artist myself, an important lesson early on [in music]. But I wanted to work with the best people of my generation, whoever they were, in any way that counted the most. So I made that my new mission. It was not hard to do particularly in music and in rock-'n'-roll. I was in a band that played at the hot spots here in New York, called Justine and the Victorian Punks.
SMALL: That sounds tremendous.
HEISS: We wore very few clothes. When I came back to New York, I was very close to the artists and also to the musicians. I decided that, instead of struggling with the museum, I could do shows in factories and in industrial areas that would be much more appropriate for the work that was being done. It looked better there.
SMALL: Did you imagine that or did you sort of see an example?
HEISS: I thought it would be the most interesting experiment. I had this place on Bleecker Street across from CBGB's. It was a burned-out warehouse. I did shows there and I put Philip Glass in studios there. He was my then-husband's cousin. We lived together, actually.
Real estate is very attractive to me. It seems I can almost touch it. I could never sell it, but the qualities of real estate which make it space are interesting to me because art goes in that space, or doesn't. I've spent half my life wandering around spaces. I was just grabbing these spaces in depressed New York. Every space had a different sort of thing.
The way we would get all our permits was by saying we were making films. If you say you're making a film, you can do almost anything. The police are happy with films. They understand films because films are making money. Anyway, so I was involved with producing things within the spaces and I kept adding them. I didn't drop very many because I'm very greedy, and it's very hard for me to give up space. One of the spaces I gave up was—some of these were terrible failures, and this was one—a very attractive experiment. The city had an excess police station in Crown Heights, which was a huge battlefield. They were giving up the police station and turning it into a community center. But the community wanted them to stay because they needed protection. So I stupidly went in to take the upper two floors with the idea that we would bring artists and give them studios there. The studios were going to be the jail cells. It turns out, no one wants to be in a jail cell. Not anyone. Not if it's free, not if you can walk in and out. The neighborhood people weren't interested, and the police weren't interested, and the artists weren't interested. We did this huge parade, and people started throwing vegetables. I said "This is it, we're out of this project." We were gone. And I never, ever, ever, ever experimented inside penal institutions again. Anyway, I got so tired of being on the street, in these burned-out buildings, that I actually kept thinking I would really like to be in a tower and have this utopian place.
SMALL: What do you mean by utopia?
HEISS: It didn't have any consideration of social welfare. Art for itself. I wanted to be on the top of the building. I found the Clocktower. And that was a stupendous place, and completely vacant, and just incredibly beautiful.
All the shows were done by me with only one idea, which was the artist, the single artist. There was no consideration of a public. Because you see, the Clocktower wasn't on street level, so you never had to think about your public duties. You only had to think about your duty to art. That was pretty easy to figure out morally. It just meant being open and opening the doors and letting people see the work.
SMALL: I feel like it's rare to have such moral clarity.
HEISS: Exactly right. People always went there and they were always in love and nothing ever happened. In the '80s, it was harder because a lot of the artists were much wilder and they were involved more in drugs. I'm glad we got through the '80s without any accident happening. I was mainly worried about someone falling off.
SMALL: How did PS1 come about?
HEISS: Each borough had made a request saying, "This is a building, we can't take it on. With these artists that you work with and non-profit scene give us a living museum." I looked at all these spaces in these different boroughs and I saw PS1.
When I saw it I was like "Oh my god, this is for us, this is the ultimate place. But to do this, I have to put away all these other projects. Because if I take it on, I need to do a really good job." It wasn't about commerce, or galleries, or collections or anything, but it was about challenging museums.
I closed or gave away the other alternative spaces, which was fine, except for one. I couldn't bear to give up the Clocktower. I thought, "I'll keep it until I need it." So Clocktower stayed. When it came time for me to leave PS1 in 2008, I thought, "I know, I'll go back to the Clocktower and I'll do all those strange, weird shows that I wanted to do that weren't right for PS1. I could just do anything in the world that I wanted to."
I took the radio station, which I started in 2003, and I've always put the station at the Clocktower. I thought "This'll be a perfect world. Perfect. Klaus, my protégé, my best friend, and everything that I admire and love, will take on PS1 and will do this great job," which is true. We'd worked together for 20 years. He's my puppy and my friend and my beloved everything. So this was the perfect world. I was going to be at the Clocktower. That's how I expected I would end my days, shambling back and forth to the Clocktower. And then I opened up the newspaper and saw that Mayor Bloomberg was going to sell the Cotter Building. I was dumbstruck. All my life, I thought I had the Clocktower.
I realized, "So this is a time to either gracefully close," which was probably the better option, "or not." I said to myself, "Let me go around and look at spaces and see if there's another space that's really exciting to maintain and I'll make the decision based on that." So I started visiting other spaces and other people. Then I was talking to artists with spaces and thinking "Could I work with these people? Could my team?" So we started hammering out these kind of collaborator motions. And each one is different, and temporary. With Pioneer Works, it's one year, an institutional residency, as if they had an artist at an institution. The radio will be centered there, in touch with the artists of that area [Redhook, Brooklyn]. It's a beautiful space and it looks like fun.
SMALL: And fun people.
HEISS: And fun people. People who want to do something different. Dustin is a fun guy. All of these arrangements, there's really little to no money involved. It's trading information and talent and effort and things like that. It's all traded 'round and 'round. So let's drink again, to all the spaces…
SMALL: [toasting] To all the spaces.
HEISS: … that are going to be, one way or another, and experimenting in them. It's so much fun to be working with people and places that don't have to succeed. [laughs] It's the idea of doing something interesting with interesting people, and then you grow from there. Or other people pick it up and they take it from there.
SMALL: You're not worried about achieving a goal, you're just doing it?
HEISS: Well, you may be achieving a goal, it's just you're not worried about an overall program that makes your institution a thriving institution. Financially, aesthetically. I mean, running PS1 all those years, it was a wonderful place, but also I had all those huge, huge responsibility to make the whole place reflect what it should and could do. It had to be the best place in the world. By square-footage, we were the biggest in the world. But there's a place in Germany, in Hamburg, it's very, very big. Its director wrote me and he said, "I think we may have more square feet than you." I said, "I think you're wrong." Then he roofed over his parking space next to the museum and he sent me a picture of this. Added 550 square feet. And I looked at that, I was just …. He was right. So quickly, we built a much larger lift for loading art in and out of the trucks. It wasn't for cars, it was for my art-loading trucks.
SMALL: Much more important.
HEISS: Much more important. Wish us a good year.
SMALL: Nothing but the best.
HEISS: And come along for the ride.
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(1 cr.) The Social Work Skills Lab is a 1-credit, 6-week hybrid class that includes 3 weeks of online content, followed by a 4-day face-to-face residential component, and then closes with 2 weeks of online content. Students in the Social Work Skills Lab I reinforce the content covered in the Social Work courses with an emphasis on skills development and advanced topics in diversity and inclusion, evidence-based practice, ethics, and development of the professional self. Material covered includes practice labs focused on individual engagement and assessment, group development and leadership, and an understanding of how to advocate within organizations and communities. A key component of the skills lab is to prepare and assess students for their readiness to enter the field. (Prerequisite(s): SOCW 3004.) Note: This course contains a required 4-day face-to-face experience and will bill with an additional lab fee.