With worshipful reverence, we sing hymns and bear testimony of the one Being whose omniscience, power, and splendor allow him to reign as the King of Kings. In this eloquent and personal book, Elder Bruce D. Porter teaches and bears witness of Jesus Christ. He explores the feelings and spirit surrounding important events in our Lord's life — his birth and resurrection, his roles as Redeemer and Light of the World, his atoning ransom, and his future millennial reign. Jesus of Nazareth was and is the Lord and King of all creation. Any reader who desires to learn more of the Savior — not just to be acquainted with him but to understand and love him--will find in this book the motivation to seek him out through personal study and prayer.
Elder Bruce D. Porter has been serving as a member of the First Quorum of the Seventy since April 2003. Prior to his call as a Seventy, Elder Porter was a specialist in Russian politics and international relations. He served in a variety of positions in government and education. He and his wife, Susan Holland Porter, are the parents of four children.
This book is an unknown gem.
This is a great book. Elder Porter's explanation of the atonement is easy to read and makes the atonement easier to understand than anything I have read. We had the opportunity to have Elder Porter in our home twelve years ago. He is great man and teacher.


Trish Milburn is a freelance journalist, lives in the South, and is a big fan of the outdoors and U.S. National Parks. When not writing, she enjoys hiking, nature photography, reading, traveling, watching TV or movies, and surfing the Web. She's also a big geek girl, including being a Browncoat and a Whovian, and has been known to cosplay at Dragon*Con.


Apple has stopped signing its older iOS firmware, specifically versions 12.1.1 and 12.1.2, to prohibit downgrades from the latest release, iOS 12.1.3, which the company published a couple of weeks ago.
In an expected move, Apple stopped signing the iOS 12.1.1 and iOS 12.1.2 firmware for supported iPhone, iPad, and iPod touch devices. This means that as of February 5th, 2019, you will no longer be able to downgrade your devices upgraded to the latest iOS 12.1.3 firmware via iTunes or any other method.
While this has a major impact on the jailbreaking community, which usually relies on older iOS firmware to successfully jailbreak devices, Apple only tries to limit the spread of older software on its devices in an attempt to keep iPhone and iPad users secure and provide them with the best available software.


text:
Winter Storm Cleon Forecast: Heavy Rockies, Midwest Snow; Icy Mess to South; Sno
End Times and Current Events > Forum > General Category > Current Events > Weather/Earthquakes/Global Science Hoax's > Winter Storm Cleon Forecast: Heavy Rockies, Midwest Snow; Icy Mess to South; Sno > Message #44995
Author Topic: Winter Storm Cleon Forecast: Heavy Rockies, Midwest Snow; Icy Mess to South; Sno (Read 602 times)
Re: Winter Storm Cleon Forecast: Heavy Rockies, Midwest Snow; Icy Mess to South; Sno
http://www.tulsaworld.com/news/local/snow-sleet-to-continue-through-friday-in-tulsa-area/article_2f443664-5db9-11e3-9105-0019bb30f31a.html
Fallin declares state of emergency; Snow, sleet to continue through Friday in Tulsa area
Oklahoma Gov. Mary Fallin today declared a State of Emergency for all 77 Oklahoma counties due to the winter storm impacting the state.
"The weather is bad and getting worse," said Fallin in a news release. "Emergency personnel are coordinating with state and local officials to ensure we are prepared and ready for whatever comes our way."
The declaration allows state agencies to make emergency purchases related to disaster relief and preparedness. It is also a first step toward seeking federal assistance should it be necessary.
Under the Executive Order, the state of emergency lasts for 30 days.
In addition, Oklahoma's Emergency Price Stabilization Act is now in effect.
Attorney General Scott Pruitt said Oklahoma's price gouging statute prohibits an increase of more than 10 percent in the price of most goods and services when a state of emergency has been declared.
Tulsa forecast calls for snow, sleet, single-digit lows
Tulsa's winter weather is mostly expected tonight, with high chances of sleet and snow during the day today, then flurries and freezing drizzle possible Friday.
The National Weather Service forecasts occasional snow and sleet this afternoon. North wind gusts up to 20 mph and highs in the mid-20s are also forecast. Daytime snow and sleet accumulation of less than 1 inch is expected.
Overnight in Tulsa, a 100 percent chance of occasional snow and sleet is expected to turn into all snow after 1 a.m. Temperatures are forecast for the upper teens, with north wind gusts up to 20 mph. New snow and sleet accumulation of 2-4 inches is expected.
A 100 percent chance is also forecast for Friday in Tulsa, with occasional snow before 4 p.m., then a slight chance of flurries and drizzle. Highs in the mid-20s with will chill values between 7 and 12 degrees are forecast. Little to no snow accumulation, but 1-3 inches of snow is expected.
A slight chance of flurries and freezing drizzle is forecast before 7 p.m. Friday night, with overnight lows around 7 degrees and wind chill values between minus-6 and 4 degrees.
Snow chances diminish to 30-40 percent Saturday night through Sunday night, with overnight low temperatures in the teens forecast for Tulsa.
The lowest temperatures of the coming days are forecast for Monday night, which has a low of around 6 degrees. The next time Tulsa temperatures may rise above freezing is Wednesday, with a highs in the low 30s forecast.
Winter storm warning for Tulsa County, surrounding areas
The National Weather Service issued a winter storm warning for Tulsa County and surrounding areas, in effect 11 a.m. today through 6 p.m. Friday.
Other counties under this warning are Creek, Nowata, Osage, Ottawa, Pawnee, Rogers and Washington.
A mix of wintry precipitation is expected to reach areas near and northwest of Interstate 44 very late this morning, more likely this afternoon. Sleet and snow are likely this afternoon, with 0.5 to 2 inches of accumulation expected. A second round of heavier precipitation, primarily snow, is expected late tonight into Friday, the weather service forecasts.
From 11 a.m. today to 6 p.m. Friday, 3-6 inches of snow and sleet accumulation is expected in these areas.
Another winter storm warning is now in effect through 6 p.m. Friday for Adair, Cherokee, Delaware, Mayes, McIntosh, Muskogee, Okfuskee, Okmulgee and Wagoner counties.
Through 6 p.m. Friday, 4-7 inches of snow and sleet accumulation is expected, with less than 0.25 of an inch of ice accumulation in these areas, the weather service forecasts.
Ice storm warning in southeast Oklahoma
The weather service also declared an ice storm warning until 6 p.m. Friday for Haskell, Latimer and Pittsburg counties.
Before a transition tonight over to sleet, these areas are expected to received 0.25 to 0.5 of an inch of freezing rain today.
Lesser freezing rain amounts are expected in northwest Pittsburg and northwest Haskell counties.
An ice storm warning is also in effect for Choctaw, LeFlore, Pushmataha and Sequoyah counties. Freezing rain is expected to develop this morning and continue this afternoon into tonight.
Many of these areas are expected to receive 0.25 to 0.75 of an inch of freezing rain. 1 inch or more of freezing rain is expected from Choctaw across southeast Pushmataha into southeast LeFlore.
Bedlam football forecast calls for low temperatures, but not snow
The National Weather Service expects freezing temperatures Saturday morning in Stillwater, but no snow until after the game.
Overnight single-digit low temperatures with wind chill values as low as minus-2 degrees should make Stillwater feel extremely cold.
Highs during the day are only forecast to reach the low-20s. East to northeast 7 mph winds may make temperatures feel even colder.
Snow chances -- 50 percent -- do not start until Saturday night in Stillwater, which also has slight freezing rain chances on Sunday.

redpajama_set_name: RedPajamaCommonCrawl


(Clearwisdom.net) In the course of truth clarification of Falun Dafa oftentimes I've felt myself and other practitioners are obsessed about persuading others to believe what we tell them. We've tried using all sorts of statistics and examples to convince others. Probably it's because of such hard-to-notice attachments we have that make others reluctant to accept our point of view. Especially for those highly educated people and those who think of themselves as good at judging right and wrong.
What we're doing now is revealing the truth of Dafa to society. As long as the facts are revealed, it generates the desired effect. If we try to prove that we as the speakers are right, it weakens the strength of truth clarification.
When clarifying the truth about Dafa we should guide people to think in depth and let them arrive at their own conclusions. Nowadays most people don't have a clear understanding about Dafa and their conscious mind is covered by lies and propaganda from the Chinese government. If we don't guide them to consider fundamental issues, it's hard for people to accept the truth.


Is it a wand or a treat? Maybe both!!! I made this for my daughter, hope she likes it! When she was 4 years old and I would take her for her swim lessons, afterwards she got to choose a treat from the snack counter and this is what she always got. Brings back some good memories!


text:
'Nothing like it:' Global balloon fiesta ready for liftoff
by: SUSAN MONTOYA BRYAN, Associated Press
Posted: Oct 3, 2019 / 01:26 PM CDT / Updated: Oct 3, 2019 / 01:26 PM CDT
Elijah Sanchez, right, helps pilot Troy Bradley, left, prepare for liftoff in Albuquerque, N.M., on Tuesday, Oct. 1, 2019. Sanchez, 20, will be among the youngest pilots to launch as part of this year's Albuquerque International Balloon Fiesta. The nine-day event is expected to draw several hundred thousand spectators and hundreds of balloonists from around the world. It will kick off Oct. 5 with a mass ascension. (AP Photo/Susan Montoya Bryan)
ALBUQUERQUE, N.M. (AP) — The sun is close to popping over the mountain top and the hot air balloon pilots are beginning to test their propane burners, beating back what's left of the darkness and the crisp morning air with each quick burst of bright orange and blue flames.
Fans start to roar, pushing air into the giant, colorful envelopes as ground crews pace along the inflating fabric, ensuring every inch is sound as the balloon takes shape.
The ropes are taught, the fasteners secure and the gondolas tip upright with a strong blast of the burners.
Liftoff!
Hundreds of balloons will be filling New Mexico's skies on Saturday at the start of the annual Albuquerque International Balloon Fiesta.
Elijah Sanchez has witnessed this choreographed balloon ballet for years, growing up in what many consider the ballooning capital of the world. He's gone from a young wide-eyed spectator to a teenage crew member and now a licensed balloon pilot.
At 20, he will be among the youngest to launch when the fiesta kicks off with its first mass ascension.
More than 580 pilots and their teams are registered, representing 41 U.S. states and 17 countries. Organizers are expecting several hundred thousand visitors over the course of the nine-day event.
"Being up in the air is just the most amazing feeling," Sanchez said. "It's a different experience every single time. It's just amazing seeing the beautiful scenery all around as the sun is coming up. And flying over the river, it's just amazing."
The wind patterns over Albuquerque create what pilots refer to as a box. The wind direction changes with altitude, meaning pilots can head toward the open desert beyond the Rio Grande and then circle back toward the Sandia Mountains and the launch field, giving passengers an unparalleled view.
It's just as spectacular from the ground, where throngs of spectators surround the balloons as they lift off in waves.
From the balloons swaying directly overhead to those floating 1,000 feet (305 meters) in the air, the spray of colors is overwhelming.
Troy Bradley, an accomplished pilot who has been to more than 40 fiestas and is one of the ballooning world's most prolific record-setters, said the first day of the fiesta is always mind-blowing.
"I'm still in awe when I see that many balloons launching," Bradley said before jumping in his gondola. "There's just nothing like it in the world, to see that much color going into the sky and how well it's orchestrated. It's like a fine-tuned machine."
During the event, a team of referees directs traffic on the sprawling launch field, their sharp whistles letting pilots know when it's time to go or warning spectators to clear a path.
Another draw is the special-shaped balloons. There are more than 100 this year, from a family of giant bumble bees to Darth Vader, outlaw Billy the Kid and a massive spotted cow.
Albuquerque has hosted the fiesta since its humble inception in 1972. It has grown from a gathering of only 13 balloons to a major production that infuses tens of millions of dollars into the economy.
Sanchez remembers his mother taking him to the fiesta every year when he was a boy. They would hit the early morning ascensions and then the balloon glows at night.
When school was in session, he couldn't wait for the weekends to help crew for a commercial balloon operator. Summer was even better since he could crew every day.
"I just fell in love with the sport," he said.
Sanchez began studying for a battery of tests to earn his private pilot's license. More fun than driver's ed? Definitely, he said.
He also worked four jobs to save up enough money to buy his own balloon.
"I was so blessed to have so many great influences to help me," he said.
The next milestone will be getting his commercial pilot's license, something he hopes to do over the next year.
Bradley said getting the next generation hooked is something he and other long-time pilots are working on. His own children started flying when they were young, with his son making headlines for being the world's youngest pilot at 9.
"It's a wonderful opportunity for them to get out and do something that's not sitting in front of a TV screen or in front of a computer playing games," he said. "It's real-life experience out here. It's a team-building thing and it brings people together."
Bradley has flown with Sanchez on numerous occasions.
"He's a really good pilot," Bradley said. "It's exciting to see the new blood coming in."
Sanchez is surrounded by some of ballooning's rock stars, but he doesn't feel any pressure. To him, it's a chance to gain more knowledge.
Whether it's a question about his bright yellow balloon "Unity," the science behind flying or what it's like floating above the city, a big smile always precedes the answer.
"Just try it," Sanchez said. "It definitely should be on the bucket list."
SAN DIEGO (WJW) — A California mother of two who was carrying a baby for another family died this week while giving birth.
According to KSAZ, Michelle Reaves died from complications but the baby survived.
CPSC: Stop using this bassinet
by WATE 6 staff / Jan 20, 2020
(WATE) -- The Consumer Product Safety Commission is warning people to stop using a specific kind of bassinet.
The Sumr Brands (formerly Summer Infant) "SwaddleMe By Your Bed Sleeper" is a product, the CPSC says, that puts infants at risk of suffocation.
Report: "Blue Monday" rumored to be most depressing day of the year
by Erica Garner / Jan 20, 2020
(NEWS10) — The third Monday of January is dubbed "Blue Monday," or the most depressing day of the year, according to a formula developed by a London-based PR agency.
According to the agency, the formula is broken down into seven variables; Weather, debt, monthly salary, time since Christmas, time since failed quit attempt, low motivational levels and the need to take action.


As shoppers become more mobile savvy, retailers face new realities.
Conversely, social-network integration, a confirmation image of a receipt and a recipe planner are the least-valued functions. Catalina teamed with a third-party research firm to launch this two-phase study that looks at what shoppers truly want from a smartphone when shopping. In phase one, it examined 15 shoppers from around the country, utilizing surveys, the videotaping of a shopping trip, and brainstorming of the ideal app of the future. The data was then used to help construct an online survey that would speak more clearly to and in the language of mobile shoppers.
Phase two surveyed more than 1,000 people online who were qualified as "mobile-savvy shoppers," essentially consumers who integrate smartphones into their lives for more than calling and texting. Three in 10 claimed to use a smartphone during some part of the shopping process for groceries or household goods. In addition, the surveyed mobile usage was a mix of basic notepad list-making on the phone to using third-party apps and mobile coupons.
Other interesting findings? 38% of respondents said they are "extremely likely" to use digital coupons in the future, and one in four respondents said they are not aware of whether or not the store they shop has an app.
The heart of the study, however, is the prioritization of 18 features and functions ranked from most valued to least valued by mobile-savvy shoppers. Catalina, however, having forgotten that big life lesson learned in kindergarten, is keeping the full list to itself but does plan to integrate the findings into a new mobile solution to be released later this year.
As a Charlotte marketing agency that specializes in retail branding and shopper marketing, birdsong gregory works with a range of clients who consider price as the core factor in consumer buying behaviors – and thus need a way to message specials and pricing without competing on price alone.
Mobile Coupons and mobile loyalty address many of the challenges that retailers face today. Mobile coupons are proven to increase cart size and conversion, and drive repeat purchases. Retailers using mobile coupons and loyalty gain a valuable edge over their competitors, and can use the power of mobile to complete with bigger retailers with local mobile promotions.
Want to increase social media buzz around a special offer or daily deal? Let shoppers turn a $1 coupon into a $4 coupon simply by sharing it with four other people.
Worried about mobile couponing's redemption pitfalls? Then begin the process (in suitable markets) of retraining salespeople to handle the process and equipping stores with hardware that can recognize 2D codes on LCD displays.
Need an effective SoLoMo strategy?
Please give us a call, but at our Charlotte advertising agency, we try not use this short-sighted buzzword. We prefer, instead "seamless brand experience" – which is what we help our clients offer their customers. A seamless brand experience goes far beyond just "location" and factors in why someone is where they are and what they want to accomplish there, rather than just focusing on a single piece of data like location. And we prefer to take a device-agnostic approach, not focusing exclusively on mobile but whichever device a shopper happens to have near them when they want to find out what they want to find out.


text:
Image credit: Anton Bielousov, Creative Commons
Hispaniolan Moist Forests
Bioregion: Caribbean Islands (NT26)
Realm: Central America
States: Dominican Republic, Haiti
The endangered Hispaniolan solenodon is endemic to its namesake island with much of its suitable habitat falling in the Hispaniolan Moist Forests ecoregion. These nocturnal burrowers are slightly larger than shrews, and have long snouts and frontal claws that they use to dig up insects. The secretion from glands on their thighs is used as a form of communication.
They are generally social, sometimes living in the same burrow in groups of up to 8 individuals. They are reported to make a variety of sound including "chirps", "squeals," and "clics" to communicate with their neighbors as they zigzag around in seemingly erratic walking behaviors.
The flagship species of the Hispaniolan Moist Forests ecoregion is the Hispaniolan solenodon. Image credit: Courtesy of Pedro Genaro Rodriguez, Creative Commons
The moist forests of Hispaniola originally occupied more than half (~60%) of the original vegetation on the island (shared by Haiti and the Dominican Republic), stretching from the lowlands—particularly on the eastern coast of the island to the valleys, plateaus, slopes, and foothills of the many mountain ranges—up to an altitude of about 2,100 m. Only the southern extension of the island lack any moist forest cover. The average annual precipitation varies between 1,000–2,000 mm for the wet zones, and more than 4,000 mm per year in the rainforest zones.
This ecoregion is important because it lies in the island's most important water catchment basins that control runoff from rains and soil erosion. The principal indicator species of this ecoregion in the lowlands are oak and mahogany trees. In places where the soil comes from calcareous rocks, royal palm is common. Characteristic species in the wetter forest include trees of yellow olivier, sablito, peralejo, and aguacatillo. In more degraded areas of forest, the vegetation becomes savannah like and has sandpaper, sea grape, Florida trema, and oak trees.
Stolid flycatcher. Image credit: Charles J Sharp, Creative Commons
Despite their degradation, these wet forests still maintain an exceptionally diverse biota. Their isolation from the contiguous continents has resulted in many relict species' continued presence. This ecoregion is found in the five most important centers of plant diversity and endemism on Hispaniola. The fauna of this ecoregion is diverse and rich in endemics, particularly birds.
Some of the most characteristic are the Hispaniolan parrot, Hispaniolan parakeet, Hispaniolan lizard cuckoo, Hispaniolan trogon (national bird of Haiti), Hispaniolan woodpecker, and Hispaniolan peewee. Other endemic birds include palm crow, narrow billed tody, palmchat (national bird of the Dominican Republic), and white-necked crow. Endangered and endemic mammals include the Hispaniola hutia and solenodon. There is also a great variety of amphibians and reptiles, as well as invertebrates.
Hispaniolan parakeet. Image credit: Creative Commons
More than 90% of this ecoregion's original habitat has been lost. In the Dominican Republic, this ecoregion is protected in parts of 6 national parks, 2 reserves, and 1 scenic route. In Haiti, this ecoregion is only represented in parts of the Pic Macaya National Park and the La Visite National Park. Less than 200 km2 of unaltered rainforest remains in Haiti. The gaps in bio-geographical data on the ecoregion are sufficient to hamper protection and conservation efforts.
Illegal forestry operations and migratory agricultural expansion are a serious threat to the ecoregion. Other threats include the gathering of firewood, grazing, illegal hunting, contraband in endangered species, and tourism in some areas. The priority conservation actions for the next decade will be to: 1) develop wildlife friendly agricultural systems that do not remove habitat and promote native species assemblages; 2) implement community-based management of forest areas; and 3) increase the connectivity of habitat (linkages) between protected areas.
1. D'Ambrosio, U. 2019. Caribbean: Haiti and Dominican Republic. https://www.worldwildlife.org/ecoregions/nt0127 Accessed March 14, 2019.
2. Dinerstein, E., D. M. Olson, D. L. Graham, A. L. Webster, S. A. Primm, M. P. Bookbinder, and G. Ledec. 1995. A conservation assessment of the terrestrial ecoregions of Latin America and the Caribbean. DC.: WWF and The World Bank.
3. Olson, D., E. Dinerstein, G. Castro, and E. Maravi 1996. Identifying gaps in botanical information for biodiversity conservation in Latin America and the Caribbean. World Wildlife Fund, Washington, D.C., USA.
4. Turvey, S. & Incháustegui, S. 2008. Solenodon paradoxus. The IUCN Red List of Threatened Species 2008: e.T20321A9186243. http://dx.doi.org/10.2305/IUCN.UK.2008.RLTS.T20321A9186243.en Accessed March 15, 2019.


text:
HD 139664 – podolbrzym położony w gwiazdozbiorze Wilka przy granicy z Węgielnicą, oddalony od Ziemi o około 57 lat świetlnych. Na niebie umiejscowiony jest dokładnie pomiędzy gwiazdą ε Lup a δ Nor. Gwiazdę otacza dysk pyłowy porównywalny do Pasa Kuipera z Układu Słonecznego.

Charakterystyka
HD 139644 jest gwiazdą ciągu głównego. Z racji na swoją masę (1,29 M☉) oraz temperaturę powierzchni wynoszącą 6636 K zaliczana jest do podolbrzymów. Promień tejże gwiazdy wynosi prawie miliard kilometrów i stanowi 1,42 R☉.

Obserwowana wielkość gwiazdowa HD 139664 wynosi 4,64, czyli gwiazda ta widoczna jest gołym okiem. Absolutna wielkość gwiazdowa wynosi 3,43 (dla porównania, dla Słońca wartość ta wynosi 4,83).

Dysk pyłowy

W 2006 roku grupa astronomów kierowana przez Paula Kalasa z Uniwersytetu Kalifornijskiego w Berkeley zaprezentowała wyniki przeglądu 22 bliskich Słońcu gwiazd. Obserwacje prowadzone za pośrednictwem Advanced Camera for Surveys (ACS) znajdującej się na wyposażeniu teleskopu Hubble'a miały na celu zarejestrowanie i zbadanie hipotetycznych dysków pyłowych będących odpowiednikami Pasa Kuipera z Układu Słonecznego. Badania przyniosły oczekiwane rezultaty w przypadku HD 139664 oraz HD 53143.

Dysk okalający HD 139664 to wąski pas pyłu rozciągający się między 60 au a 109 au. Największą gęstość osiąga w okolicy 83 au. Budową podobny jest do dysku odkrytego przy gwieździe Fomalhaut, jego ostro zakończona zewnętrzna krawędź sugeruje istnienie niewidocznego towarzysza okrążającego HD 139664. Byłby on odpowiedzialny za utrzymanie spójności dysku, tak jak księżyce pasterskie wyrównują i utrzymują w porządku krawędzie pierścieni Saturna i Urana.

Zobacz też
 Lista gwiazd w gwiazdozbiorze Wilka

Przypisy

Gwiazdy pojedyncze
Podolbrzymy
Gwiazdozbiór Wilka
Gwiazdy typu widmowego F

redpajama_set_name: RedPajamaWikipedia


text:
package org.lnu.is.domain.department.specialty;

import javax.persistence.Entity;
import javax.persistence.JoinColumn;
import javax.persistence.ManyToOne;
import javax.persistence.Table;

import org.lnu.is.annotation.dbtable.OD;
import org.lnu.is.domain.InformationModel;
import org.lnu.is.domain.department.Department;
import org.lnu.is.domain.specialty.Specialty;

/**
 * Department specialty entity.
 * @author ivanursul
 *
 */
@OD
@Entity
@Table(name = "q_od_departmentspecialty")
public class DepartmentSpecialty extends InformationModel {
	private static final long serialVersionUID = 1L;

	@ManyToOne
	@JoinColumn(name = "department_id")
	private Department department;

	@ManyToOne
	@JoinColumn(name = "specialty_id")
	private Specialty specialty;

	public Department getDepartment() {
		return department;
	}

	public void setDepartment(final Department department) {
		this.department = department;
	}

	public Specialty getSpecialty() {
		return specialty;
	}

	public void setSpecialty(final Specialty specialty) {
		this.specialty = specialty;
	}

}

redpajama_set_name: RedPajamaGithub


Mid-century fans, there's a nice one at 4420 50th Ave NE in Laurelhurst designed by architect Roger Gotteland that was built in 1953 that looks untouched and in fact has been owned by only one family since it was built.
Sitting on a 7,000 square foot lot it has a reverse floor plan of 2,600 square feet with four bedrooms and 1.75 bathrooms.
We love the vaulted ceilings, big stone fireplace, walls of window that opens to a west facing deck.
Looks to have great bones, would be a fun project.
Plus the address is beach club eligible, just in time for summer.
Listed by Margaret Weissman – Windermere Real Estate Co.


The recent HAIL & WIND STORMS have forced many homeowners in the North Counties to address the issue of replacing their roofing systems. Shake Guys has provided quality roofing renovations to your neighborhood over the last decade and gained the admiration of all its clients. Ensuring the beauty, quality and top performance of your cedar shake or shingle roof requires the best materials, superior fasteners and expert installation. The Shake Guys follow precise installation protocols that guarantee the longevity of your cedar roof. We also offer various cedar roofing accessories to maximize its durability. All of that said it's easier to see for yourself and learn the difference between a pro and a… roofer without a clue. Choosing the right cedar shake roofing contractor is easy if you know what quality and performance issues set contractor apart.
1) Shingle Spacing – We space according to the Cedar Shake & Shingle Bureau guidelines (3/8" to 5/8") to account for swelling and protect against sun and water damage.
2) Premium Cedar– Our shakes lay even and flat because we installing 100% edge grain. This is the best way to fight unsightly warping and cupping that pulls out nails and pops off shakes & shingles over time.
3) Finishing Details – Our ridge caps are carefully installed with alternative overlaps and concealed fasteners for strength. We apply flashing to all intersecting angles to prevent water leaks.
1) Shingle Spacing – They try to follow guidelines but their products can make it hard to.
2) Wood Curl – It doesn't just look bad, it will prematurely age the shingle(s) beneath it. Using a lesser product with Slash or Flat grain will cause this lifting of the shake edges.
3) Finishing Details – Even though the ridge caps are the main defense against high winds, many contractors won't upgrade to a better product or even install them correctly. When a wind storm hits, whole sections of ridge caps may blow off. The next storm is almost sure to take sections of shake with it.
There are several installation factors you must consider when choosing the right cedar shake roofing contractor.
The examples below are just a few things to take into consideration when having your roof replaced. If you are in the position of choosing a contractor to complete the repairs to your property or determining if you have suffered damages from the recent Hail Storms, we can be of help. Please feel free to call us for a no obligation inspection or consultation of your cedar shake roof.
Cedar Shakes – We use Premium 100% Edge Grain which is above industry standards. This vertical grain is the best available wood in the industry because it is 100% clear and resists warping.
Roof Fasteners – We use strong-holding ring shank roofing nails, both stainless steel and double hot dipped zinc coated Maze nails, which resist corrosion as well as keep shakes & shingles in place.
Ventilation – We add an additional Benjamin Obdyke Ridge Vent to our roofs for additional ventilation. Proper ventilation will remove excess heat and moisture to protect a roof and the overall home structure from deterioration.
Leak Barrier – We install a moisture barrier that provides extra protection at vulnerable areas like valleys, chimneys, and skylights. This protects your home by preventing costly repairs due to wall or ceiling leaks, which can cause interior staining.
Cedar Shakes – They claim to use the industry standard product which will only get you 80% edge grain at best. The Flat or Slash Grain shakes they use will have some lifting/curling over time.
Roof Fasteners – Other contractors may use just about any nail type under the sun as well as staples. This means decay and loss of shake.
Ventilation – They replace existing vents because most homes are not properly vented. This will probably increase energy costs. It may also add to the premature aging of your home because heat and moisture are not properly addressed.
Leak Barrier – Many contractors overlook fixing all area of concern. Older roofs will have older skylights, vents and the like that should be replaced. Should these be ignored there may be a great deal of cost associated with having them replaced later when a solid roofing system is in place.
We hope you enjoyed this article on choosing the right cedar shake roofing contractor. Our goal is always to keep good information to consumers when it comes to ins and outs of cedar roofing.
Give us a call if you or someone you know has a cedar roof that needs repairs or replacing. Unsure of what your repair or maintenance needs are? Shake Guys can help with that too!


text:
Ethernet Standards
Compare and contrast different LAN technologies. This chapter covers in detail different LAN types and properties, including CSMA/CD, CSMA/CA, broadcast and collision domains, bonding, speed, and distance. We cover Ethernet in detail in our Cisco CCNA course online.
Back to book index.
10BaseT
100BaseT
100BaseFX
1000BaseT
1000BaseX
10GBase Standards
10G over WAN
10GBaseT
CSMA/CD
CSMA/CA
Collision and Broadcast Domains
Interface Bonding
Link Aggregation Control Protocol Overview
LACP Port Modes
LACP Active Mode
LACP Passive Mode
Port Aggregation Protocol
PAgP Port Modes
Desirable Mode
Ethernet is a widely deployed technology and is a reference in the networking world. It has many associated standards depending on the type of media used (i.e., copper, fiber, or wireless) and speed (10Mbps, 100Mbps, 1Gbps, or 10Gbps). Older Ethernet standards were based on coaxial cable, but this is not the case in modern networks. The most important Ethernet standards are as follows:
100BaseTX
10GBaseSR
10GBaseLR
10GBaseER
10GBaseSW
10GBaseLW
10GBaseEW
You can see a pattern when looking of these standards' naming convention. The first part defines the maximum speed at which the standard operates, as follows:
10 = 10Mbps
100 = 100Mbps
1000 = 1Gbps
10G = 10Gbps
"Base" stands for baseband, which means the cables use a single frequency to send the data from one end to the other. As opposed to baseband technology, Broadband technology uses many frequencies to send data, as it operates over a shared medium (e.g., TV cables). The last part of the naming convention defines the type of media used by the standard, which can be copper (T comes from twisted-pair) or fiber optics (the other abbreviations).
10BaseT is one of the earlier twisted-pair standards of Ethernet and it offers a maximum bandwidth of 10Mbps. The T represents twisted-pair (i.e., it's a copper-based standard). This standard uses only two pairs out of the four available on a standard UTP cable (one pair for Transmit and another for Receive). When 10BaseT was first introduced, the standard cable used was a Category 3 cable that operated at a maximum distance of 100 m.
As 10Mbps was not enough for network users' growing needs, the 100BaseT standard was developed, also known as FastEthernet. The higher speeds of 100BaseT also involve higher requirements from a cable perspective. This standard uses a Category 5 or higher twisted-pair copper cable and it operates at a maximum distance of 100 m. This standard also uses only two pairs out of the four available on a standard UTP cable (one pair for Transmit and another for Receive).
100BaseFX is the equivalent of 100BaseT, with the only difference being that it operates over fiber links instead of copper cables. Pairs of optical fibers are used, one of them for Transmit purposes and the other for Receive purposes, thus achieving a full-duplex functionality. Two types of fiber links support this standard:
Multi-mode fiber: operates at a maximum distance of 400 m (half-duplex) or 2 km (full-duplex)
Single-mode fiber: operates at distances greater than 2 km
The next natural step was the increase from 100Mbps to 1Gbps, thus the 1000BaseT standard. This also operates over Category 5 cable but is usually used with Cat 5e or Cat 6 cables. Unlike the 100BaseT standard, 1000BaseT uses all four network pairs in the UTP cable.
1000BaseX is the fiber optic correspondent of 1000BaseT and it comes in many variations, depending on the type of fiber used:
1000BaseSX: short wavelength laser (up to 550 m)
1000BaseLX: long wavelength laser (over 5 km)
The most important 10Gbps standards used in data center networking are:
The 10GBaseSR (Short Range) standard operates using short-range communication. It initially operated up to 80 m but, using proper multi-mode fiber, it can go up to 300 m. It is generally used inside a single room or inside a single data center.
10GBaseLR (Long Range) operates over longer ranges and for this reason it uses single-mode fiber instead of multi-mode fiber. This standard usually operates up to 25 km and uses lasers to ensure that a high-power light signal can travel over such a long distance.
10GBaseER (Extended Range) operates over even greater distances using single-mode fiber. It can travel up to 40 km.
Service providers might utilize the following 10G Ethernet standards that operate over WAN:
These standards correspond to the 10GBaseSR/LR/ER standards (which are usually used within an enterprise data center) and they use a short, long, and extended range of operation. This integrates a 10Gbps Ethernet connection with a SONET/SDH WAN using the same types of fibers and connectors and it operates over the same distances as the SR/LR/ER standards.
10GBaseT is a special standard that allows 10Gbps transmission over copper cables (twisted-pair) in situations in which you may not want to use optical fibers. This standard uses the following media types:
Category 6 cable: operates up to 55 m
Category 6a cable: operates up to 100 m
CSMA/CD and CSMA/CA are common acronyms in the networking world. The CS in CSMA stands for Carrier Sense and this means that the device that is communicating on the network is listening to determine whether some other station is transmitting on the medium. If that is the case, it will not transmit over the already existing signal. The MA in CSMA stands for Multiple Access and this means that there is more than one device on the network that might be trying to communicate at the same time.
The CD in CSMA/CD stands for Collision Detection. An Ethernet collision happens when two stations send a signal on the wire at the same time and the signals collide so no one on the network can understand any of the signals.
When a station wants to send a frame, it follows an algorithm, as depicted in Figure 19.1 below. This is the standard way that Ethernet works.
Figure 19.1 – CSMA/CD
After the frame is assembled the station will listen on the wire for any signal that might be transmitted by other stations. If it detects such a signal, it will not send the packet but will instead wait for a time before trying again. If no signal is present, it will transmit the first part of the frame and will wait to see if a collision happens. If it does, all stations involved in that collision will back off and wait for a random amount of time before retransmitting the signal. If no collision is detected, the station sends the next part of the frame and checks again for collisions. This process continues until the frame is fully transmitted.
Note: The random retransmission timer allows the stations to retry sending the frame at different times. If they used the same timer, they would end up retransmitting the frame at the same time and the collision would happen again.
The scenario described above happens when all of the stations on the segment are able to hear each other, that is, in half-duplex environments (hubs). Half-duplex environments allow stations to transmit or receive at a given moment but not both at the same time. CSMA/CD is no longer used on a wide scale because modern networks use switches instead of hubs. When using switches, you can use full-duplex transmissions, which means that you can both send and receive at the same time.
With CSMA/CA, the CA stands for Collision Avoidance, which is a different concept than Collision Detection in that the stations are trying to avoid any kind of collision instead of simply detecting it. This is commonly used on wireless networks because a wireless device cannot hear whether communication is occurring between other stations at a specific moment (thus, it cannot use CD).
In such an environment, the plan is to avoid any collisions before sending data on the network and this is commonly implemented as RTS/CTS (ready to send/clear to send). This is usually managed by the central point of the wireless network – the access point (AP). Before stations can send traffic, the AP must first grant them permission to do so, confirming that there is no other traffic occurring at that time so collisions can be avoided. Because the station must wait for the clear signal, the AP can be sure that only a single station is sending traffic at a specific time. This decision process is depicted in Figure 19.2 below:
Figure 19.2 – CSMA/CA
In Figure 19.2, you can see that after the frame is assembled the station must wait for confirmation that the channel is clear and only then can it transmit the data. If stations do not receive the CTS approval from the AP, they must wait a random amount of time before sending the RTS request again. This technique also solves the problem in which a station can see the AP but cannot see other stations from other sides of the network that are accessible only through the AP (i.e., the AP can reach every station, as it is the central point).
As described earlier in this book, one of the main drawbacks of network hubs is that when there is a collision on the wire, the damaged frame is sent to all connected devices. One of the advantages of modern switches is that each port on the switch is considered a collision domain. In the event of a collision (which is not possible in full-duplex environments), the damaged frame does not pass through the interface.
Switches do not separate broadcast domains, routers do. If a switch receives a frame with a Broadcast destination address, then it must forward it out of all ports, apart from the port the frame was received on. Again, a router is required to separate broadcast domains. Figure 19.3 below represents a small network using switches/bridges and a router to represent how collision domains are separated:
Figure 19.3 – Collision Domains
Devices connected to a switch port are in the same collision domain, but devices connected to different ports are in different collision domains. This is the most important feature of a switch: it separates collision domains. On the other hand, all devices connected to a switch are in the same broadcast domain, which is illustrated in Figure 19.4 below:
Figure 19.4 – Broadcast Domains
Routers block Multicast and Broadcast packets by default. This is a significant difference between a router and a switch and it helps control bandwidth utilization on a network. Devices connected to the same router port are in the same collision and broadcast domains, but devices connected to different router ports are in different collision and broadcast domains.
Interface bonding is a generic term for the following:
Link aggregation
Link teaming
Port channeling
EtherChannels
The idea behind this technique is taking multiple interfaces and bundling them to increase the amount of throughput between two devices and add some redundancy. Link aggregation can use any type of interfaces (e.g., 100Mbps, 1Gbps, and 10Gbps), but all the interfaces within a bundle must have the same capacity. Such connections are used in scenarios in which you need redundancy and/or you have a high amount of traffic traveling between two network devices, usually in data center environments at the Core or Distribution Layer. The most common use for link aggregation is connecting two switches, as shown in Figure 19.5 below:
Figure 19.5 – Link Aggregation
In addition to increasing throughput, interface bonding also offers another important benefit, which is redundancy. If one link in the bundle fails, the rest keep forwarding traffic and the logical link (the bundle) remains active. If the logical link goes down, that means all of the components on the physical link also go down.
Note: Devices on both ends of the connection must be configured for link aggregation; otherwise, the logical link bundle will not function.
Link aggregation is a very popular technology and is typically deployed between the Distribution Layer and the Core Layer, or between Core Layer devices where increased availability and scalability is needed. However, port aggregation is usually disabled on interfaces that are facing end-users.
Two commonly used link aggregation protocols are:
Link Aggregation Control Protocol (LACP): an open standard protocol
Port Aggregation Protocol (PAgP): a Cisco proprietary protocol
LACP is part of the IEEE 802.3ad specification for creating a logical link from multiple physical links. Because LACP and PAgP are incompatible, both ends of the link need to run either LACP or PAgP in order to automate the formation of EtherChannel groups.
As is the case with PAgP, when configuring LACP EtherChannels, all LAN ports must be the same speed and must all be configured as either Layer 2 or Layer 3 LAN ports. If a link within a port channel fails, traffic previously carried over the failed link is switched over to the remaining links within the port channel. Additionally, when you change the number of active bundled ports in a port channel, traffic patterns will reflect the rebalanced state of the port channel.
LACP supports the automatic creation of port channels by exchanging LACP packets between ports. It learns the capabilities of port groups dynamically and informs the other ports. Once LACP identifies correctly matched Ethernet links, it facilitates grouping the links into a GigabitEthernet port channel. Unlike PAgP, where ports are required to have the same speed and duplex settings, LACP mandates that ports be full-duplex only, as half-duplex is not supported. Half-duplex ports in an LACP EtherChannel are placed into a suspended state.
By default, all inbound Broadcast and Multicast packets on one link in a port channel are blocked from returning on any other link of the port channel. LACP packets are sent to the IEEE 802.3 Slow Protocols Multicast group address 01-80-C2-00-00-02, and LACP frames are encoded with the EtherType value 0x8809. The screenshot below illustrates these fields in an Ethernet frame:
Figure 19.6 – Ethernet Frame (LACP)
LACP supports the automatic creation of port channels by exchanging LACP packets between ports. LACP does this by learning the capabilities of port groups dynamically and informing the other ports. Once LACP identifies correctly matched Ethernet links, it facilitates grouping the links into a port channel. Once an LACP mode has been configured, it can only be changed if a single interface has been assigned to the specified channel group. LACP supports two modes: active and passive.
LACP active mode places a switch port into an active negotiating state in which the switch port initiates negotiations with remote ports by sending LACP packets. Active mode is the LACP equivalent of PAgP desirable mode. In other words, in this mode, the switch port actively attempts to establish an EtherChannel with another switch that is also running LACP.
When a switch port is configured in passive mode, it will negotiate an LACP channel only if it receives another LACP packet. In passive mode, the port responds to LACP packets that the interface receives but does not start LACP packet negotiation. This setting minimizes the transmission of LACP packets. In this mode, the port channel group attaches the interface to the EtherChannel bundle. This mode is similar to the auto mode that is used with PAgP.
Table 19.1 below shows the different LACP combinations and the result of their use in establishing an EtherChannel between two switches:
Table 19.1 – LACP Modes
Switch 1 LACP Mode Switch 2 LACP Mode EtherChannel Result
Passive Passive No EtherChannel Formed
Passive Active EtherChannel Formed
Active Active EtherChannel Formed
Active Passive EtherChannel Formed
PAgP is a Cisco proprietary link aggregation protocol that enables the automatic creation of EtherChannels. By default, PAgP packets are sent between EtherChannel-capable ports to negotiate the forming of an EtherChannel. These packets are sent to the destination Multicast MAC address 01-00-0C-CC-CC-CC. The screenshot below shows the fields contained within a PAgP frame as seen on the wire:
Figure 19.7 – PAgP Frame
PAgP supports different port modes that determine whether an EtherChannel will be formed between two PAgP-capable switches. Before we delve into the two PAgP port modes, one particular mode deserves special attention. The "on" mode is sometimes incorrectly referenced as a PAgP mode: however, it is not a PAgP port mode.
The on mode forces a port to be placed into a channel unconditionally. The channel will be created only if another switch port is connected and is configured in the on mode. When this mode is enabled, there is no negotiation of the channel performed by the local EtherChannel protocol. In other words, this effectively disables EtherChannel negotiation and forces the port to the channel. It is important to remember that switch interfaces that are configured in the on mode do not exchange PAgP packets. Switch EtherChannels using PAgP may be configured to operate in one of two modes: auto or desirable.
Auto mode is a PAgP mode that will negotiate with another PAgP port only if the port receives a PAgP packet. When this mode is enabled, the port(s) will never initiate PAgP communication but instead will listen passively for any received PAgP packets before creating an EtherChannel with the neighboring switch.
Desirable mode is a PAgP mode that causes the port to initiate PAgP negotiation for a channel with another PAgP port. In other words, in this mode, the port actively attempts to establish an EtherChannel with another switch running PAgP.
Table 19.2 below shows the different PAgP combinations and the result of their use in establishing an EtherChannel:
Table 19.2 – PAgP Modes
Switch 1 PAgP Mode Switch 2 PAgP Mode EtherChannel Result
Auto Auto No EtherChannel Formed
Auto Desirable EtherChannel Formed
Desirable Auto EtherChannel Formed
Desirable Desirable EtherChannel Formed
Ethernet is a widely deployed technology and is a reference in the networking world. It has many standards associated with it, depending on the type of media used (i.e., copper, fiber, or wireless) and speed (e.g., 10Mbps, 100Mbps, 1Gbps, or 10Gbps). Older Ethernet standards were based on coaxial cables but this is not the case in modern networks. The most important Ethernet standards are as follows:
CSMA/CD and CSMA/CA are common acronyms in the networking world. The CS in CSMA stands for Carrier Sense and this means that the device that will be communicating on the network is listening to determine whether some other station is transmitting on the medium. If that is the case, it will not transmit over the already existing signal. The MA in CSMA stands for Multiple Access and this means that there is more than one device on the network that might be trying to communicate at the same time.
With CSMA/CA, the CA stands for Collision Avoidance, which is a different concept than Collision Detection in that the stations are now trying to avoid any kind of collision instead of simply detecting it. This is commonly used on wireless networks because a wireless device cannot hear whether communication is occurring between other stations at a specific moment (thus, it cannot use CD).
Switches do not separate broadcast domains, routers do. If a switch receives a frame with a Broadcast destination address, then it must forward it out of all ports, apart from the port the frame was received on. A router is required to separate broadcast domains.
LANtronics Ethernet Guide.
Configure Ethernet in our 101 Labs – CompTIA Network+ book.


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This event is USAT-sanctioned, and each athlete must have an active USAT membership.  If your athlete does not already have one, memberships can be purchased directly through USAT or during the registration process.


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Q: forEach executes only once javascript I am using a forEach method to add an event listener to each button, everything is working the first time, the function is calling the filterElements function as wanted BUT when i try to click a second time the code doesen't respond, could it be because of my HTML collection that I am transforming to an Array using Array.from or what could it be ?
function filterPhotograpsIndividualTages(dataJson) {

    const individualTags = Array.from(document.getElementsByClassName('individual-tags'));
    individualTags.forEach(btn => btn.addEventListener('click', () => {   //this is the forEach method

        /*onClick clear the old HTML of photographersDiv and call
         the function filterElements to execute his block code!*/
        document.getElementById('container').innerHTML = "";
        filterElements(dataJson, btn);// function is invoked here
  }))
};

// this function is being called inside of the filterPhotograpsIndividualTages function
function filterElements(dataJson, btn){

    dataJson.photographers.forEach(photographe => {

        if(photographe.tags.indexOf(btn.id) != -1) {

            const photographersDiv = document.getElementById('container');
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${photographe.name}

${photographe.city}, ${photographe.country}

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};

A: When you add event like this, it only binding to DOM you have selected with getElementsByClassName not with the one re-add after delete
Instead you should bind whole document and check event's target
document.addEventListener('click', function(event) {
    if (event.target.classList.contains('your_class')) {
        Function();
    }
});

redpajama_set_name: RedPajamaStackExchange


text:
@interface SettingHomeContentConfigFactory ()

@property (nonatomic,strong)    NSDictionary  *dict;

@end

@implementation SettingHomeContentConfigFactory

- (instancetype)init
{
    if (self = [super init])
    {

        _dict = @{

                  @"SettingDefaultTableCell":[SettingHomeDefaultContentConfig new],

                 };
    }

    return self;
}

#pragma mark - <TJSBaseCellContentConfig>

- (id<TJSBaseCellContentConfig>)configBy:(id)model{

    id<TJSBaseCellContentConfig>config = [_dict objectForKey:((SettingHomeModel *)model).cellClass];

    return config;
}

@end


text:
Ommata viriditincta är en skalbaggsart som beskrevs av Giesbert 1991. Ommata viriditincta ingår i släktet Ommata och familjen långhorningar. Inga underarter finns listade i Catalogue of Life.

Källor

Långhorningar
viriditincta


The World Bank reports the African region will receive $45 billion of the $75 billion allocated for development purposes. It says other recipients will include small Pacific island states threatened by climate change and fragile countries in the Western Hemisphere, such as Haiti. [...] The fund, which runs from July 1 through June 30, 2020, also will support specific development projects in 82 additional fragile states, including Guinea, Nepal, Niger, and Tajikistan.
Angela Merkel has become the first German chancellor to visit Niger, one of the world's poorest countries. She has promised money and military vehicles to help the country fight human trafficking and the militant threat. She is on the second leg of a three-country African tour which started in Mali and will finish in Ethiopia.
South Africa's head of public diplomacy, Ms Clayson Monyela, told Al Jazeera that President Zuma's visit to Nigeria will inject new life and energy into important strategic relationship between the two countries and resolve perceived tensions. She added that the visit will send a powerful political message across Africa.
Niger's president is pushing for the creation of multinational African brigades — notably with Libya — to boost border security in lawless zones where jihadist fighters roam. Mahamadou Issoufou says Niger is "no sanctuary for terrorists" but believes many jihadist fighters have taken refuge in the south of neighboring Libya after French forces ousted al-Qaida-linked militants from a teetering Mali earlier this year.
Bruce Wharton... said that by inviting the four presidents to Washington, the Obama administration is highlighting the importance of "holding credible elections, building strong democratic institutions and fostering economic development."


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HomeVolume 5Issue 3Book Review: Lipari's Listening, Thinking, Being
Book Review: Lipari's Listening, Thinking, Being
By Holly Willis Issue 3, Volume 5 0 Comments
Lipari, Lisbeth. Listening, Thinking, Being: Toward an Ethics of Attunement. University Park: Pennsylvania State UP, 2014. Print.
With her book, Listening, Thinking, Being: Toward an Ethics of Attunement, Lisbeth Lipari's explicit goal is to guide readers on a journey that will result in an out-and-out reconfiguration of our understanding of language, communication, speaking, and listening. Arguing that our ordinary, habitual ways of comprehending the seemingly simple, straightforward acts that comprise dialogue are not only inadequate but also fundamentally incorrect, she presents an alternative framework through which listening is posited as an ethical activity constitutive of human being.
Needless to say, Lipari has given herself a tremendous challenge, one that seeks to disrupt, or at least trouble, many of the conventions of Western thought. Indeed, she begins her analysis of the aural and its prevailing disregard as a philosophical topic with the Ancient Greeks, reminding us that like so many halves of so many binaries, listening is the neglected half of the speaking/listening duo. For Aristotle and Plato, speech forms the primary focus of rhetoric and language is but a poor reflection of the truth of thought.
However, in what will become a signature component of the book, Lipari counters the atomistic views of Aristotle and Plato with another tradition, turning to the fifth-century Indian philosopher of language Bhartṛhari and his depiction of communication as an indivisible union of language and thought in his work The Vākyapadīya. Awareness, for Bhartṛhari, was sensory, perceptual, and linguistic, and he used the theory of sphota to signify a holistic form of communication that does not divide speech into separate words put forward in a linear, temporal order. Sphota refers not to these single words arranged in a sentence that together create meaning but rather to the sentence in all of its multitudinous sounds as an undifferentiated whole. Bhartṛhari's term becomes a link to a host of other theories of communication, especially in philosophy and ethics. Though her goals are formidable, Lipari's book succeeds in explaining this very complex concept clearly and placing it within a vast historical context; however, her structuring of the book, with its privileging of echoes and resonances, and the density of the subject matter in places may be frustrating for some readers. Indeed, Lipari recognizes this and offers advice periodically: "If the material is new or unfamiliar to you, try not to get bogged down in the details—just keep reading with an open and akroatic mind, listing for holistic patterns, shapes, and relationships," she suggests in chapter 2. Overall, however, anyone looking for an eloquent and passionate advocacy for listening and its relationship to thinking will find value in this book, especially for its deployment of a set of new terms designed to help us elucidate concepts that unite listening, ethics, and being.
Lipari opens her book with a description of the concept of akroatic thinking, which refers to a holistic form of listening incorporating harmonics, physics, and mathematics, but she only hints at the term's full definition here to begin. Everything in the book is, in a sense, present in this opening, and the definition of akroatic thinking augured at the start will gradually grow layer by layer as we move toward the final chapter. The work we do with Lipari between commencement and completion will generate a dense field of concepts and approaches, priming us to comprehend a far more nuanced understanding of the term by the time we return to it in the conclusion. In this way, Lipari resists the linear temporality of the form of the book, as well as the customary sequential form of argumentation, crafting instead notes and echoes that reverberate throughout the pages.
In chapter 2, Lipari makes a distinction between hearing, which is etymologically tied to perception and a self that receives something, and the more invested act of listening, which is linked to attention and a focus on the other. The chapter goes on to explore listening as an embodied process and urges us to break out of habitual patterns of hearing to really engage both in listening and silence—to acknowledge them, investigate them, and experience them. She introduces a series of exercises that she uses with her students—being silent for an entire day, for example—and encourages us to listen attentively. "One of the greatest challenges to listening holistically is to interrupt the habitus, the habitual attributions of meaning that language and culture impose on our everyday experiences," she asserts, urging us to disrupt these habits of listening (57).
The book's third chapter identifies key attempts to theorize the relationship between language and thought, moving from Hindu scripture to Buddhism, Taoist thought, and the Greek mistrust of rhetoric. Bhartṛhari comes next, followed by Descartes and Kant. Lipari's whirlwind tour distinguishes between atomistic and holistic models, repeatedly demonstrating the productive power of the holistic view. She highlights the "reverence for speech and sound as gifts from the divine" in the Vedas of Hinduism (60), the "paradoxical nature of consciousness and thought" among the Taoists of fifth-century China (66), and Plato's distrust of language because "it made deception so very easy and because, even at best, language could only offer a secondhand image of truth" (66).
Chapter 4 continues the diagnostic impulse of the previous chapter, moving forward historically into modern thought and exploring the interplay between language and thinking. Chapter 5 uses this background to posit that communication is not a thing but a process that actively constitutes human being. Communication is generative, creative, and dialogic, argues Lipari; it emerges between people, transcending the boundaries that we imagine separate self and other and crafting spaces for new human capacities. "Because of the ways this intersubjective space creates a fissure in the sharp boundaries between self and other, it creates new possibilities for peaceful means of being with others," she writes. "This space, when authentically freed from the control of any plan or agenda, can move us toward unimagined possibilities that far exceed the capacities of the individual participants" (134).
The subsequent chapter fully develops the concept of interlistening, demonstrating the complex imbrication of speaking and listening. Here, Lipari is concerned with the layering of speaking and listening in time; she hopes to understand thinking, listening, and speaking in a "relational synthesis," a linking of synchrony and diachrony. To do so, she adopts the term "pluria" to designate the plurality of modalities at play, namely polymodality, polyphony, and polychronicity. "Polymodality" designates the intersubjective space between self and other, "polyphony" references the musical dimension of listening, and "polychronicity" acknowledges the role of time and tempo. Lipari's goal here is to begin to articulate a lexicon for listening, to give it nuance and complexity that will not only underscore her thesis but also provide readers with greater subtlety of awareness and words with which to acknowledge and articulate a far greater palette of aural experience.
Chapter 7 turns to the ethics of listening, affirming the roles of empathy and an awareness of the radical alterity of the other as fundamental to what Lipari now refers to as a politics of listening. She develops the idea of "listening otherwise," which refers to the acknowledgment and acceptance of the vulnerability of both self and other. Not only are we called forward to sense the suffering of others without the concomitant need to solve a problem or rationalize a situation, but we are also made aware of the need for our own vulnerability in the process; we are called forth to be both open and present. Underscoring the significance of listening otherwise, Lipari writes, "beyond the intellectual mysteries of listening, at heart this book centers on an ethical concern: what are the social, political, and cultural implications of our failure to listen for the other—that is, to listen without stealing our interlocutor's possibilities and horizons of meaning?" (203). While she does not answer this question directly, listening otherwise requires letting go of our own sense of certainty and accepting the radical alterity of the other, and Lipari likens listening otherwise to the Buddhist notion of nonattachment.
As we approach this ability to listen otherwise, we begin the next stage in Lipari's notion of communication: to listen others to speech. "Listening others to speech" refers specifically to the act of communication that requires some renunciation of the self, it is co-constitutive, and it is profoundly ethical through a dialogic process of intersubjectivity and inner listening.
Chapter 8 returns us to the beginning and akroatic thinking, but the founding term now vibrates in relation to so many other concepts; the result is what Lipari dubs an "attunement," understood as a form of vibrational resonance. She illustrates this notion of attunement with two drawings by architect Manijeh Verghese of harmonic circles; they are generative and recursive and capture visually the sense of pulsation, reverberation, and beauty that characterize attunement.
This attunement defines the book overall. Lipari's turn to Bhartṛhari and sphota in chapter 3 not only represents the shift from Western philosophy to Eastern thought, and by extension—for many Western readers—from mainstream to marginal, but also calls our attention to the book's overall structure as itself a kind of sphota. True, the book moves sequentially, chapter-by-chapter, from start to finish; however, the argument is not so linear. Instead, it seems—appropriately enough—to pulse and vibrate, putting forth ideas that seem to hover and connect against a broad horizon spanning centuries and vast philosophical traditions. Lipari frequently signposts her reverberating argument, assuring us that a topic only mentioned at one point will be developed further along in the book, creating a series of deferrals and returns and a sustained sense of spiraling movement. The result is that the overall reading experience is profoundly spatial.
Lipari's attention to listening within the field of rhetoric is aligned to some degree with the focus shared by several scholars on silence. Cheryl Glenn's 2004 book Unspoken: A Rhetoric of Silence, for example, echoes the critique of the emphasis within rhetoric placed on the written and spoken. The book builds on Glenn's earlier book Rhetoric Retold: Regendering the Tradition from Antiquity through the Renaissance (1997), arguing that this emphasis has resulted in a lack of attention to silence and, further, that this neglect is based on the historic and troubling association between silence and the feminine. Glenn goes on to argue for the rhetorical power of silence, using the experiences of several women and high-profile events as evidence.
Similarly, Krista Ratcliffe's Rhetorical Listening: Identification, Gender, Whiteness (2006) develops a concept of rhetorical listening. Ratcliffe defines the term as "a trope for interpretive invention and more particularly as a code of cross-cultural conduct," adding that it signifies "a stance of openness that a person may choose to assume in relation to any person, text, or culture" (17, emphasis original). More specifically, Ratcliffe is concerned with identification via gender and race and the ways in which rhetorical listening can facilitate communication across these differences. Her first chapter charts the work of several other scholars concerned with listening—including that of James Phelan, Andrea Lunsford, Victor Vitanza, and Michelle Ballif—but then suggests that despite this work, listening remains under-theorized. Glenn and Ratfliff went on to edit a collection of essays titled Silence and Listening as Rhetorical Arts (2011), and the assembled pieces contributed a series of specific textual analyses to the growing body of work dedicated to silence and listening.
Glenn and Ratcliffe, like Lipari, use the marginalized and critically neglected areas of communication to illuminate issues of power and oppression and, in this way, connect with Lipari's overt interest in creating an ethics, one dedicated to "an awareness of and attention to the harmonic interconnectivity of all beings and objects" (2-3). This interconnectivity is dubbed "attunement," and it, too, is a topic with a rich context in rhetoric. Perhaps the most obvious linkage is with Thomas Rickert's recent book Ambient Rhetoric: The Attunements of Rhetorical Being (2013). Rickert joins other thinkers within the context of new materialism to argue that we need to rethink the relationship of humans to the world around us; he characterizes our era as one in which the boundaries between subject and object have dissolved and what remains is a kind of ambience through which we find ourselves attuned. Attunement in this case is linked to Martin Heidegger's Stimmung, which "indicates one's disposition in the world, how one finds oneself embedded in the world" (9). Like Rickert, Lipari shares an interest in a dissolution of boundaries, framing her project in terms of the holistic and atomistic perspectives that characterize one strand within the history of philosophy and linguistics. For Lipari, however, attunement is "the harmonic interconnectivity of all beings and objects" (2-3). In contrast with Rickert, she will emphasize the role of the harmonic rather than the ambient.
Lipari's book also shares with Rickert's an astonishing—and daunting—intellectual range, moving across vast territories within philosophy, linguistics, and rhetoric, and challenging readers to make complex connections and to trust Lipari as a guide. While some readers may not appreciate the spatial, sonic qualities that characterize the structure of the book, Lipari would perhaps argue that this is a result of a limited understanding of understanding itself, which, when reimagined, can prompt a different epistemology, one attentive to the plurality of sensual experience. Describing the power of intentional attention toward the end of the book, Lipari writes, "all too often, we ignorantly punctuate our experiences with a spatialized temporality, which, like a period at the end of a sentence, signals finality and completion and fails to account for the expanding oscillations of assonance and dissonance, fullness and emptiness, which are better expressed by the musical temporality of a comma, or a breath." These words invite us to attend to multiple temporalities and voices, but they, again, capture Lipari's own writing, its musicality and its elusiveness, an embodiment of her ideas on the page.
Glenn, Cheryl, and Krista Ratcliffe, eds. Silence and Listening as Rhetorical Arts. Carbondale: Southern Illinois UP, 2011. Print.
Glenn, Cheryl. Rhetoric Retold: Regendering the Tradition from Antiquity through the Renaissance. Carbondale: Southern Illinois UP, 1997. Print.
—. Unspoken: A Rhetoric of Silence. Carbondale: Southern Illinois UP, 2004. Print.
Ratcliffe, Krista. Rhetorical Listening: Identification, Gender, Whiteness. Carbondale: Southern Illinois UP, 2006. Print.
Rickert, Thomas. Ambient Rhetoric: The Attunements of Rhetorical Being. Pittsburgh: U of Pittsburgh P, 2013. Print.
Anti-racist Activism and the Transformational Principles of Hashtag Publics: From #HandsUpDontShoot to #PantsUpDontLoot
Vol. 5.3: Rhetoric and Social Justice
Book Review: Applegarth's Rhetoric in American Anthropology
Holly Willis is a faculty member in the School of Cinematic Arts at the University of Southern California, where she serves as the Chair of the Media Arts + Practice Division. Her research explores the intersections of media art, graphic design and rhetoric, and the ways in which they inform contemporary scholarly practices. She writes frequently on avant-garde film, video and new media, and is the author of New Digital Cinema: Reinventing the Moving Image and the forthcoming book, Fast Forward: The Future(s) of the Cinematic Arts.


text:
Agent of Chaos
For my birthday, my dad very graciously got me a copy of Imperial Assault. For those of you not in the know, Imperial Assault is a Star Wars-themed adventure board game. Most of the players play Rebel heroes, and one player plays the various agents and soldiers of the Empire. Games consist of scenarios with varied goals like collecting certain items or making it to a certain spot on the modular game board. I stole a term I heard Will Wheaton throw around to describe games like this: "A Roleplaying Game in a Box." Other games like Imperial Assault include Mansions of Madness and Descent.
I was very excited to receive the game. Then I looked at the back of the box and read the component lists. The hundreds of unpainted, plastic miniatures. The several decks of cards of various types. Stacks upon stacks of different tokens, chips, and cardboard bits. And I actively found myself dreading just opening the box, because I didn't want to deal with all of that. Though I received the game a week ago, the box still remains, plastic-wrapped, sitting on my bookshelf. I'm even a little tempted to return it to Amazon, or trade it for something else...something I really don't want to do, as I try to cherish and hoard every gift I've ever received.
But one other thing I really don't want to do is open that box and deal with the monumental task of organizing all that shit! I also own Mansions of Madness. Anyone with even a touch of OCD who opens my box of Mansions of Madness would, quite appropriately, go insane. Every card, figure, token, and game board are scattered inside the box, flowing freely, not unlike the toy chest of a little boy. "Setup" when I play Mansions usually consists of literally dumping the entire box onto the table, then assigning organization tasks to each player. "Cleanup" is a simple series of arm swipes directed into the box, the only hints of organization being an order to the swiping (boards and instructions first, then cards, then tokens, figures last).
You'd be surprised how well this works. I've got it down to a science, and I know for a fact that I can taskmaster the setup of this game as quickly as someone who keeps every piece in a separate box (I've done it before, side-by-side, against someone who keeps a neater collection of the exact same game). And cleanup...please. However, what can't be ignored...and what ultimately makes me realize I can't do this for every game...is the morale hit the group takes when that box comes out. I hate that a bunch of neat freaks can potentially ruin the fun of a game before it even hits the table, especially for such a superficial reason, but I cannot deny that tabletop gaming, like many live pastimes, is all about morale and spirit. So when the box for Mansions of Madness opens up and the chaos is unleashed, I have to constantly reassure everyone at the table that yes, everything is here. Yes, everything is in fine enough condition. And yes, we will play, not only promptly, but just as promptly as a more-organized system, as long as we work together. It's an exhausting explanation. Look at how many sentences I've just spent talking about it. And yet it's a fight, every time. I've literally gotten into arguments with people about it. Quite frankly, it's soured me, not only on Mansions of Madness, but every game that "requires" an organization system.
This whole notion has honestly curtailed a lot of my boardgame-buying habits, much to my wallet (and my wife's) glee. I've all but shunned card games now. Any board game review/gameplay video that "strongly recommends" printing player aids or buying something to organize your stuff gets ignored almost immediately by me. I've even found myself actively searching for games that contain decent organization methods right in the box and exclusively focusing on them...or games that have few enough components that don't require careful organization.
Anyways, this brings me back to Imperial Assault. I received quite a few great board games from friends and family this holiday season. The unexpected bounty has given me the urge to get back into boardgaming. But this lingering issue of organization is holding out. I find it interesting that prep work for an RPG is something I will do willingly, diligently, and often, but prep work for a board game is practically a deal-breaker for me.
I'll end this bitchy blog post with a list of my favorite "self-organized" games. If you have any requests, both for hassle-free organization for existing games or self-organized games, please let me know:
1. Terra Mystica: All of the numerous bits to this game come in their own plastic bag. Even after everything is bagged, the box closes properly. Voila!
2. Pandemic: I can't speak for the new edition, but my old edition has few enough parts that I can quickly put the game together, from mass of stuff on the table to ready for turn one, in less than ten minutes.
3. Arctic Scavengers: This brilliant deckbuilding game of Dominion for hipsters has few enough cards that organizing them can be quick and easy, especially if the other players are willing to co-sort during setup.
4. Lords of Waterdeep: Perhaps one of the best boardgaming inserts I've ever seen, this game is ready to go almost from the moment the box opens, and cleans up just as quickly.
5. Conquest of Nerath: Appropriately, this D&D-themed game does for wargames what Lords of Waterdeep does for euro-style worker placement games. And, like it's sibling game, the insert is brilliantly useful, storing the various cards, tokens, and figures with no clutter and quick access.
Take everything you see here, load it into a shotgun, then fire it into a cardboard box. That's how my game of Imperial Assault is going to look, shortly after my first playthrough of it...
Placid Islands of Ignorance
Recap of The One Ring: The Council of the North
The Great Eight
Dice Discipline
Off the Chopping Block
A Game of Trust
Tough Crowds
Play Report: The One Ring, Jan. 11th
Cortex Meta


text:
Q: How do I install XML::LibXML for ActivePerl? I am new to Perl and I am using ActivePerl.
I am getting the following error:

Can't locate XML/LibXML.pm in @INC...

I have tried everything but cannot find the steps to install the "correct" module for XML::LibXML.
Here is exactly what is going on. I am running a script from a command prompt:

c:\temp>perl myscript.pl

The first few lines of myscript.pl:
#!/usr/bin/perl

use Archive::Zip qw( :ERROR_CODES :CONSTANTS );
use HTTP::Date;
use XML::Parser;
use LWP::UserAgent;
use XML::LibXML;
use Archive::Extract;
use Encode;
use LWP::Simple;

require HTTP::Request;
...

Then I get this error:

c:\temp>perl myscript.pl Can't locate
  XML/LibXML.pm in @INC (@INC contains:
  C:/Perl/site/lib C:/Perl/lib .) at
  myscript.pl line 7. BEGIN
  failed--compilation aborted at
  myscript.pl line 7

A: You should be able to install it with the ActivePerl Perl Package Manager.  There should have been a start menu shortcut created when you installed ActivePerl, start the GUI and search for xml-libxml and libxml-perl.
--edit
Here's a post on adding an alternative repository to PPM and installing XML-LibXML

A: It doesn't look like ActiveState provide a PPM with XML::LibXML. I looked in the README for the module on CPAN and apparently a prebuild ppm package is available here.

A: I have recently been through the pains of getting XML::LibXML installed.  Here is what I found:

*

*We are using ActiveState ActivePerl 5.8.8

*In order for ActivePerl's PPM to get through our proxy, had to create an environment variable "http_proxy" with value "http://proxy.ext.[example].com", then re-login.

*The required packages weren't all located in ActiveState's repository.  Added University of Winnipeg's Perl Repository http://theoryx5.uwinnipeg.ca/ppms/package.xml (note that the exact repository used depends on your version of ActivePerl)

*Manually install the following DLLs into C:\perl\bin\ (for whatever reason, I was having some trouble building these DLLs, so I ended up simply grabbing them from the repository at http://trouchelle.com/ppm/dll/ )

*

*iconv.dll

*libxml2.dll

*zlib1.dll

*At least for the version of XML-LibXML we are using, the package installer doesn't work correctly for the prerequisite XML-LibXML-Common.  You MUST install the package XML-LibXML-Common by itself, BEFORE installing the rest of XML-LibXML.

Although they may not be the latest versions, the versions of the packages (including prerequisites) which I am currently using are:

*

*XML-LibXML-Common (ver 0.13)

*XML-LibXML (ver 1.64)

*XML-NamespaceSupport (ver 1.10)

*XML-SAX (ver 0.96)

A: Accepted answer didn't work for me on 5.16. From this question:

XML::LibXML was not ready for Perl 5.16. Install 5.14

Download:

*

*ActivePerl

*StrawberryPerl

A: In the end I found the only alternative ActivePerl repository in existence, as far as I can tell, and it had a package for XML::LibXML 2.0121 which will install on perl versions up to 5.20.x.
You can obtain releases of ActivePerl from here that includes 5.20.2: downloads.activestate.com/ActivePerl/releases/
The alternative repository is called Bribes de Perl at bribes.org/perl/
The URL of the repository that is entered in options is http://bribes.org/perl/ppm/


The Section 21 Notice is valid only when issued in writing, giving at least 2 months' notice. Additional clauses apply if you have been a periodic tenant, the notice must end on the last day of your tenancy, this is generally the day before the rent is due, and also state that it's being issued under Section 21 of the Housing Act 1988. Should you fail to leave when this notice expires, the Landlord will have to make an order to the court for a Possession Order.
The Online possession form will cost £325, which is cheaper than actually serving it in your local county court. The Landlord needs to weigh up the costs as there's no guarantee that, these costs can be recovered from the tenant.
You paid a tenancy deposit and the Landlord failed to register the deposit in a protected government approved tenancy deposit scheme.
The Landlord failed to provide the tenant with the prescribed information in relation to the chosen tenancy deposit scheme.
The original deposit was protected but not re-protected when the tenancy becomes periodic.
You reside in a HMO (House of Multiple Occupation) that should be licenced by the Local council authority, but is not. In general Bedsits, Bed and Breakfast accommodation are classed as HMO's.
The Section 21 Notice is also invalid if a new fixed term tenancy agreement is issued after the notice is issued.
A Section 21 Notice cannot be issued in Retaliatory Eviction. This is where a tenant informs the Landlord of a repair, that needs carrying out and the Landlord serves notice in response to this.
The Landlord cannot issue the Section 21 unless the following process has been adhered to. This is for the tenant to submit in writing a complaint, the landlord, in turn has 14 days to respond to this letter, should he fail to do so, the tenant should report his concerns to the local authority.
The local authority can either carry out remedial works under the powers of the HHSRS, or serve the Landlord with an improvement notice. A Section 21 Notice is not able to be served for 6 months following a Local Authority Improvement Notice.
Should the Landlord have grounds to evict you, he can do so, using a Section 8, however he must be able to prove the grounds cited in the notice.
A Section 21 Notice must be issued prior to applying to the court for a possession order. Possession under this section of the housing act cannot take place during the fixed term of the tenancy.
For all tenancies issued after 1st October 2015 a valid Section 21 can only legally be issued after the tenant has been supplied with a valid Gas Safe Certificate and a valid Electrical Safety Certificate. Copies of all updated certificates during the term of an ongoing tenancy, must at all times be supplied to the tenant.
Should you have a six month tenancy term, a section 21 notice cannot be served. Notice periods will expire a few days after the end of the tenancy term. Should the tenant vacate the property within this time, the Deregulation Act stipulates that, a Landlord should repay any overpaid rent, as the tenant is only liable for the first few days that they remain resident in the property.
The Landlord can apply to the court for a possession order after any of the above Section 21 notices have been served and expired. Should the tenant fail to leave once the possession order is granted, the Landlord will have to go back to court to get a Bailiff warrant for removal of the tenants. The courts can instruct Bailiff's to execute a warrant on the property which will be at the Landlord's cost.
To start a possession claim online it's very easy. You may be able to get legal advice from a solicitor if you feel that you are unable to fill out the form yourself. If there is any information that you do not understand in regards to a possession order, please contact a legal representative or use either Shelter or the Citizens Advice Bureau.


text:
3D-trademark or design right?
Zur deutschen Version des Blogbeitrages
Protectability of external appearance of a product: 3D-trademark or design right?
As discussed in our previous article by senior partner Rudolf Pendl, recently the General Court of the European Union stated that the shape of Guerlain's lipstick case is entitled to trademark protection. However, in certain cases the shape of a product may (also) be protectable as a design.
Both trademark and design protection are registered rights which can help to secure the intellectual property of a company. However, there are some key differences to both kinds of rights:
The main function of a trademark is to enable consumers to distinguish the goods or services of one undertaking from those of other undertakings. One of the main requirements for their registrability is, therefore, their distinctiveness. This applies not only to "traditional" trademarks consisting of names or figurative elements, but also to trademarks consisting of a certain shape or packaging of a product. Such shapes and packaging are protectable in case they enable the customers to associate the goods or services with individual undertakings.
Designs, however, do not have to be distinctive, but must rather be new and have an individual character, i.e., they must not be identical to previous designs and produce a different overall impression from designs previously made available to the public.
These different requirements for the protectability of trademarks and designs are based on the respective aim of legal protection. Whereas the purpose of a trademark is, among other things, to enable customers to identify the origin of a product or service from a company, the focus of the design is primarily on the protection of the company's investment for the development of a new shape.
In addition, both IP rights have different terms of protection. While trademarks are registered for 10 years and can be renewed indefinitely, designs can be registered for 5 years, renewable up to a maximum of 25 years.
However, despite the limited protection in time, the design right offers several advantages over three-dimensional trademarks.
Firstly, it can be difficult to get a three-dimensional trademark registered. In contrast, the registration procedure for design rights is relatively fast. Therefore, design rights are particularly suited to protect product lines that vary quickly in time and have a limited life cycle (e.g., fashion products that are produced and marketed only for the time of a season). In addition, EU legislation also provides protection for unregistered Community design rights, which protect an unregistered design to a limited extent (against copying only) for a maximum period of three years from the moment it is first made available to the public in the EU. Unregistered trademarks are usually only protected when they are sufficiently known among the relevant public which is generally rather the exception.
Unregistered Community design right can even be transformed in a registered design right if the application for registration is made within 12 months after the product incorporating the design was first made available to the public in the EU. Therefore, they are particularly useful for companies to evaluate the performance of the product in the market before deciding whether or not to proceed with registration.
Trademarks and designs, therefore, meet different needs and are granted on the basis of different requirements. Thus, if the registration of a three-dimensional trademark is refused, this does not mean that the shape of the product cannot be protected as a design right. In contrast to trademark applications, the competent authority does not automatically check whether the design is new or has individual character when a design application is filed, but only at the request of a third party. This means that a design right offers faster protection, but also more legal uncertainty if a competitor takes action against the design.
In the case of Guerlain's lipstick, the shape of the product had already been protected as a Community design right since 2008 which helped to prevent competitors to mimic the unique design. In the trademark proceedings ten years later, the application was initially rejected, but in the end the lipstick case was deemed distinctive by the General Court of the European Union and approved as a trademark.
This shows that the clever use of design and trademark protection can help to protect the investments made by a company to create products with an innovative appearance. Since both forms of protection are cumulative (one does not exclude the other), both IP rights should always be considered for products with a particularly innovative or distinctive shape which could prove to be valuable assets for the owner.
Valeria Miozzo
tagPlaceholderTags: EU, Design, 3D-Mark