Patients of the True Health Group have had their health reports exposed online due to a law in the True Health Diagnostics website. Moreover, the reports appear to have been viewable by other patients for months if not years.
Based in Frisco, Texas, True Health Diagnostics is a company that offers a broad range of testing services for genetic and other diseases. It operates an online portal that patients can access in order to consult their personal test results. Accessing the web portal permits patients to obtain PDF files that contain their personal information together with the testing data.
Unfortunately because of the flaw, logging into the site permitted patients to access not only their own records, but also the records of other True Health patients. The names of each respective PDF file names had sequential numbers. By simply modifying the PDF file name in the URL patients could access other test reports; e.g. if the file was numbered 12345.pdf, typing the file name 12346.pdf could potentially permit the patient to view another patient's report.
IT consultant Troy Mursch, who is also a patient of True Health Diagnostics, discovered the flaw. After noticing that sequential numbers had been used on earlier medical tests that he had used the firm for, Mr Mursch attempted to change the file numbers. This revealed that it was possible to view the test results of other patients of True Health.
Mursch notified True Health Diagnostics of the flaw. The healthcare firm then quickly acted to shut down their system in order to protect the private information of other patients. The problem has now been rectified and all test results secured.
An investigation to clarify whether or not patient records were accessed by unauthorized individuals is underway. How long the flaw had existed for has not been confirmed, however Mr Mursch thinks that it may have been present for years prior to its discovery.
The revelation illustrates the inherent risk in companies using sequential numbers for files that can be accessed via patient portals without encryption of the URLs being in place to stop individuals from obtaining access to the data of other patients. It should be ensured by all organizations that users have access uniquely to their own personal results and information via patient portals.
Organizations should carry out regular tests to guarantee that patients can access only their own records. Moreover, records should only be accessible when a user has logged in first. Patient portals should be subject to 'penetration testing' to reveal any potential flaws which may result in the unintended disclosure of private health data.


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Cia. dos Livros foi uma empresa brasileira com atuação em e-commerce para a venda de livros online e que chegou a possuir treze livrarias físicas pelo Brasil. Ela faz parte do Grupo BookPartners com sede em Jandira, em São Paulo. Em 2018 o grupo entrou em recuperação judicial. Sua falência foi decretada pela  1ª Vara de Jandira em 9 de março de 2020.

História

Para entender o desenvolvimento da Cia. dos Livros temos que conhecer o Grupo BOOKPartners

A Distribuidora Vértice Books, fundada no final de 2004, por Carlos Henrique de Carvalho Filho, fazia parte de um grupo empresarial (holding), cuja empresa majoritária era a Editora Revista dos Tribunais – RT, organização tradicional, atuante há um século no mercado jurídico brasileiro, de grande porte no setor, ocupa o 1º lugar no ranking da produção de material jurídico para todos os públicos do segmento, com abrangência nacional. No início, a Vértice foi criada com o objetivo de participar de licitações com os livros publicados pela RT, bem como publicações de outras editoras jurídicas. Aos poucos, direcionou suas atividades para o abastecimento de bibliotecas, abrangendo o seu público-alvo presente nas universidades públicas e privadas, autarquias, estatais, órgãos públicos e escritórios de advocacia em todo o Brasil, com uma excelente relação custo-benefício, pois, com a força da marca RT, agregava seu valor, e de seus executivos, para abordar seus clientes. A partir de janeiro de 2007, além da jurídica, ampliou o seu portfólio de produtos e passou a distribuir também publicações de outras áreas do conhecimento, especialmente o CTP (científico, técnico e profissional). Passou a operar com variados gêneros literários, profissionais, acadêmicos, didáticos e técnicos, editados por editoras do país e do exterior. Em maio de 2010 a holding foi desfeita, com a venda da Editora Revista dos Tribunais para o grupo Thomson Reuters, momento em que a Vértice começou a se estruturar para trilhar o seu próprio caminho, mudando suas instalações para uma nova sede em agosto de 2010.

Aquisição das empresas Empório do Livro e Cia. dos Livros

Antes, com foco na distribuição de livros técnicos para bibliotecas públicas e privadas, ao adquirir a Empório do Livro — premiada no ano de 2010 pela Associação Nacional de Livrarias (ANL) — em meados de 2011, a Vértice Books passou a atuar também no segmento de distribuição de livros para revenda. Esta junção resultou na criação da empresa Empório Vértice Distribuidora de Livros Ltda. Em janeiro de 2012, a Empório Vértice anunciou a aquisição da Cia. dos Livros concretizando o seu mercado B2B, integrando assim, toda cadeia do mercado livreiro.

A Empório Vértice e Cia. dos Livros de forma integrada geraram o Grupo BOOKPartners. A cadeia do setor envolve desde os autores, as pequenas e médias editoras até grandes geradores de conteúdo, além das empresas de distribuição e de gestão logística.

Sede

A sede do Grupo fica em Jandira, a 32 km do centro de São Paulo. A nova sede tem mais de 8400 metros quadrados de área total, além de um centro de distribuição na cidade de São Paulo.

Expansão das lojas físicas da Cia. dos Livros

No 2º semestre de 2013 a expansão de livrarias físicas da marca Cia. dos Livros iniciou com a inauguração da loja física do Shopping Barueri. Após a abertura dessa primeira franqueada foi programada a abertura de mais 13 lojas localizadas em Alagoas, Rio de Janeiro, e São Paulo.

Em apenas dois anos de operação, já recebeu o prêmio "Melhores Prestadores de Serviços de 2015", do jornal O Estado de S. Paulo.

Empresas de São Paulo (estado)
Empresas fundadas em 2011

redpajama_set_name: RedPajamaWikipedia


In the history of the universe, has a dog ever shown disappointment when unwrapping a squeaky toy? We highly doubt it. Pets are hands-down the easiest to buy for. However, that shouldn't mean just any old ball or catnip will do. After all, this year they were there every day after work to greet us. When we needed a snuggle-buddy for a cry fest — they were there. Yes, something special is required.
So, we found 15 adorable (and high-design) gifts that will make the barks, meows, and chirping extra loudly when the unwrapping begins. There's ice cream treats, perches, snuggly beds, and yes, even a new hot pink abode for your hamster. She's been good this year, too.


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FAQ: What Math Is Used In Astrology?
1 How is astrology related to mathematics?
2 How is astrology determined?
3 Which planet is responsible for luck?
4 Do degrees matter in astrology?
5 Does astronomy involve math?
6 What is the use of mathematics in science?
8 Should we believe in astrology or not?
9 Why is astrology fake?
10 Which planet causes death?
11 Which planet is responsible for money?
12 How do I make my Wednesday lucky?
13 Which degree is best in astrology?
14 What are the critical degrees in astrology?
15 Which planet is more powerful in astrology?
How is astrology related to mathematics?
Astrology is purely mathematical Numbers allow the perfect measurement of the astrological energies depicted in any horoscope and then they transform the way the chart is analyzed and interpret. Measurement is essential in the time of interpreting human behaviour.
How is astrology determined?
In horoscopic astrology an individual's personality is determined by the construction of the horoscope or birth chart for the particular individual involved (known as the native), showing the positions of the sun, moon, planets, ascendant, midheaven, and the angles or aspects among them.
Which planet is responsible for luck?
Ruling Planet: Jupiter The last fire sign, you're ruled by Jupiter, the planet of luck, good fortune and exploration (of both knowledge and spirituality).
Do degrees matter in astrology?
Do Degrees Matter in Astrology? Yes, the degrees in an astrology chart do matter; as a matter of fact, you could say that astrology is the geometry of the heavens. Your birth chart is laid out on a 360°circle. The circle is divided into twelve sign divisions of 30° each.
You might be interested: Readers ask: Astrology Sign Scorpio Is Know What?
Does astronomy involve math?
Astronomers use math all the time. In order to be able to understand the information that these numbers contain, we need to use math and statistics to interpret them. An initial use of mathematics in astronomy is counting entities, sources, or objects in the sky. Objects may be counted during the daytime or night.
What is the use of mathematics in science?
The Role of Mathematics in Science. To the scientist, mathematics is an analytic tool applied to experimental data with the hope of generating a formula that describes some basic tendency of nature. Also mathematics can be used with existing theory to deduce an unknown quantity.
Should we believe in astrology or not?
1. Astrology has no solid evidence for whatever it says. According to astrologers, change in the motion of planets will have a change in your personality but then there so many planets other than the known ones that have been found by NASA.
Why is astrology fake?
Astrology has been rejected by the scientific community as having no explanatory power for describing the universe. Scientific testing has found no evidence to support the premises or purported effects outlined in astrological traditions. Where astrology has made falsifiable predictions, it has been falsified.
You might be interested: Quick Answer: What Chibese Astrology Sign Was 1966?
Which planet is responsible for money?
There are certain planets that rule wealth and money. They are specifically Jupiter and Venus. These are actually called the karakas (indicators) for wealth and prosperity. The Houses for Money are 2, 11, 9, 5 and 8.
How do I make my Wednesday lucky?
Tips for Wednesday If you cannot wear green coloured clothes on Wednesday, try to keep a green coloured handkerchief in your pocket to yield good luck on the day. Offer 'Modak' to Ganeshji in the morning. Repeat the offering before leaving the house.
Which degree is best in astrology?
Exaltation ( astrology )
Sun: 19th degree of Aries (i.e., 18°00′ – 18°59′)
Moon: 3rd degree of Taurus.
Mercury: 15th degree of Virgo.
Venus: 27th degree of Pisces.
Mars: 28th degree of Capricorn.
Jupiter: 15th degree of Cancer.
Saturn: 21st degree of Libra.
What are the critical degrees in astrology?
Certain degrees are believed to hold greater meaning in a birth chart than others. These degrees are commonly referred to as Critical degrees. For the Cardinal signs (Aries, Cancer, Libra and Capricorn), the critical degrees are 0, 13 and 26.
Which planet is more powerful in astrology?
It denotes population as it has maximum number of 53 Moons ( children of Saturn ). Therefore, despite being least powerful in authority, Saturn is most important planet in Indian astrology.

redpajama_set_name: RedPajamaCommonCrawl


text:
Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation: Understanding 'response shift' phenomena
Charles S. Carver, Michael F. Scheier
This comment addresses a set of phenomena that have been labeled 'response shift'. We argue that many of these phenomena reflect recalibration of a goal-seeking system and an affect-management system, both of which are involved in normal adaptive self-regulation. In brief, we hold that these systems act as feedback control mechanisms. The reference values for both systems continuously undergo gradual recalibration. Because in most circumstances the adjustments tend to occur with equivalent frequency in both directions, their cumulative effect is minimal. In situations of either unusually prolonged goal attainment (and overattainment) or unusually prolonged adversity (as occurs, e.g., with deteriorating health), the cumulative effect can be substantial. We believe that these latter recalibrations of reference value account for many response shift phenomena. Other such phenomena are accounted for by the principle of hierarchical organization among the self-regulatory goals that comprise the self. (C) 2000 Elsevier Science B.V.
Social Science and Medicine
Response shift
Dive into the research topics of 'Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation: Understanding 'response shift' phenomena'. Together they form a unique fingerprint.
Response Shift Business & Economics 100%
Self-regulation Business & Economics 65%
Scaling Business & Economics 62%
scaling Social Sciences 55%
self-regulation Social Sciences 49%
Cumulative Effects Business & Economics 45%
regulation Earth & Environmental Sciences 36%
Carver, C. S., & Scheier, M. F. (2000). Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation: Understanding 'response shift' phenomena. Social Science and Medicine, 50(12), 1715-1722. https://doi.org/10.1016/S0277-9536(99)00412-8
Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation : Understanding 'response shift' phenomena. / Carver, Charles S.; Scheier, Michael F.
In: Social Science and Medicine, Vol. 50, No. 12, 06.2000, p. 1715-1722.
Carver, CS & Scheier, MF 2000, 'Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation: Understanding 'response shift' phenomena', Social Science and Medicine, vol. 50, no. 12, pp. 1715-1722. https://doi.org/10.1016/S0277-9536(99)00412-8
Carver CS, Scheier MF. Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation: Understanding 'response shift' phenomena. Social Science and Medicine. 2000 Jun;50(12):1715-1722. https://doi.org/10.1016/S0277-9536(99)00412-8
Carver, Charles S. ; Scheier, Michael F. / Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation : Understanding 'response shift' phenomena. In: Social Science and Medicine. 2000 ; Vol. 50, No. 12. pp. 1715-1722.
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title = "Scaling back goals and recalibration of the affect system are processes in normal adaptive self-regulation: Understanding 'response shift' phenomena",
abstract = "This comment addresses a set of phenomena that have been labeled 'response shift'. We argue that many of these phenomena reflect recalibration of a goal-seeking system and an affect-management system, both of which are involved in normal adaptive self-regulation. In brief, we hold that these systems act as feedback control mechanisms. The reference values for both systems continuously undergo gradual recalibration. Because in most circumstances the adjustments tend to occur with equivalent frequency in both directions, their cumulative effect is minimal. In situations of either unusually prolonged goal attainment (and overattainment) or unusually prolonged adversity (as occurs, e.g., with deteriorating health), the cumulative effect can be substantial. We believe that these latter recalibrations of reference value account for many response shift phenomena. Other such phenomena are accounted for by the principle of hierarchical organization among the self-regulatory goals that comprise the self. (C) 2000 Elsevier Science B.V.",
keywords = "Goals, Quality of life, Reference value, Response shift, Self-regulation, Theory",
author = "Carver, {Charles S.} and Scheier, {Michael F.}",
note = "Funding Information: Preparation of this article was facilitated by support from the National Cancer Institute (grants CA64710, CA64711 and CA78995). ",
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T2 - Understanding 'response shift' phenomena
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AU - Scheier, Michael F.
N1 - Funding Information: Preparation of this article was facilitated by support from the National Cancer Institute (grants CA64710, CA64711 and CA78995).
N2 - This comment addresses a set of phenomena that have been labeled 'response shift'. We argue that many of these phenomena reflect recalibration of a goal-seeking system and an affect-management system, both of which are involved in normal adaptive self-regulation. In brief, we hold that these systems act as feedback control mechanisms. The reference values for both systems continuously undergo gradual recalibration. Because in most circumstances the adjustments tend to occur with equivalent frequency in both directions, their cumulative effect is minimal. In situations of either unusually prolonged goal attainment (and overattainment) or unusually prolonged adversity (as occurs, e.g., with deteriorating health), the cumulative effect can be substantial. We believe that these latter recalibrations of reference value account for many response shift phenomena. Other such phenomena are accounted for by the principle of hierarchical organization among the self-regulatory goals that comprise the self. (C) 2000 Elsevier Science B.V.
AB - This comment addresses a set of phenomena that have been labeled 'response shift'. We argue that many of these phenomena reflect recalibration of a goal-seeking system and an affect-management system, both of which are involved in normal adaptive self-regulation. In brief, we hold that these systems act as feedback control mechanisms. The reference values for both systems continuously undergo gradual recalibration. Because in most circumstances the adjustments tend to occur with equivalent frequency in both directions, their cumulative effect is minimal. In situations of either unusually prolonged goal attainment (and overattainment) or unusually prolonged adversity (as occurs, e.g., with deteriorating health), the cumulative effect can be substantial. We believe that these latter recalibrations of reference value account for many response shift phenomena. Other such phenomena are accounted for by the principle of hierarchical organization among the self-regulatory goals that comprise the self. (C) 2000 Elsevier Science B.V.
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Allowing the toes to stretch comfortably while redistributing weight, they prevent the formation of soft and dorsal corns. Their shape means they adapt perfectly to the space located under the toes. Large - Male, Small - Female.
The hammer toe cushions are comfortable to wear due to the material which has been selected for its softness and ability to absorb perspiration.
Wear directly against the skin and you can easily wear socks, tights or stockings over the hammer toe cushions for optimal comfort.
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Katarina obtained her Master's degree in general psychology at Charles University in Prague. She continued her education and obtained a license in Clinical Psychology from the Institute for Postgraduate Education in Health Care Prague. She also finished behavioral psychotherapy training at UCL and Middlesex School of Medicine in London. As a clinical psychologist she worked in Psychiatric Hospital Bohnice and in Psychiatric Clinic at the General University Hospital in Prague. She has also worked in Crisis Centrum RIAPS, Psychosomatic Clinic in Prague, and APLA Prague (Association in Aid for Persons with Autism). Beside providing ''services'' at the City Practice, Katarina also has extensive teaching experience. In the past she taught medical psychology and psychotherapy at 1st and 3rd Faculty of Medicine Charles University and currently she teaches at the Institute for Postgraduate Education in Health Care, and Prague College of Psychosocial Studies.
Katarina specializes in working with adults using CBT to help them with personal difficulties such as anxiety disorders, depression, personality disorders, learning disability, and autism.


It is the mission of the Public Works Department to provide outstanding Public Services in a timely and fiscally responsible manner while maintaining an excellent infrastructure, assuring a clean and safe environment as well as sustaining a high quality of life.
We will act with pride, vision and accountability and will react in readiness. We will listen, and furthermore, we will respond. We are committed to serving all the people every day.
Public Works is responsible for the purchase and upkeep of all City vehicles and equipment.
This also funds the winter street maintenance operations.
Operations include the curbside collection of household trash, the Recycling Center and Transfer Station efforts, the Recycling educational efforts, the annual Household Hazardous Waste Collection and the maintenance of our closed landfill including the monitoring of our system of test wells surrounding the landfill site.
Includes all athletic fields, beaches, parks and playgrounds. This division is also responsible for the maintenance of the Downtown district and all City trees and planting areas, maintenance of the City Cemetery and Nursery, as required, and in the winter season the maintenance (plowing and de-icing) of sidewalks, City parking lots and City buildings (after hours).
The City of Biddeford has authority to establish and administer an industrial pretreatment program. The program is funded by industrial sewer user fees. Visit the industrial pretreatment webpage.
Public Works is responsible for the operation and maintenance of Woodlawn Cemetery.


text:
Daniel Rothman
Daniel Rothman is the Senior Vice President of Finance at CareAbout. Prior to CareAbout, Mr. Rothman was part of the founding team from CityMD, where he served as the Vice President of Corporate Strategy. Mr. Rothman serves as a board member to PeraHealth, Inc. as their co-founder and former Executive Vice President. At PeraHealth, Mr. Rothman helped commercialize the Rothman Index, a life-saving EMR application that identifies patient health trends and reduces mortality rates in hospitals by 30%. Mr. Rothman also helped build and commercialize Mymee, a health-coaching platform for autoimmune disease patients. He also founded Zeo, a smart alarm clock based on a technology he invented. Mr. Rothman is currently an angel investor through Mid-Atlantic Bio Angels and serves as the current Chief Financial Officer of Rendr Care. Mr. Rothman has also worked in and run a variety of research laboratories and has published on the underlying geometry of human cognitive maps.
Mr. Rothman holds a Sc.B. in Cognitive Neuroscience from Brown University. He holds his Healthcare Executive M.B.A. from the University of California, Irvine.


Every time she drives along 316 toward Athens, Stacey Evans feels a slight thrill, remembering when she first came to the University of Georgia from Ringgold. She was the first person in her family to attend college, and she couldn't have done so without the HOPE Scholarship.
"This is where life started for me," she told those attending Thursday's meeting of the Clarke County Democratic Party. At the university, she became involved with the Young Democrats, thinking that doing so would give her a chance to help families like the one she had come from.
Evans showed a brief video about her background, including her hardscrabble, rural childhood. Viewers learned that her single mother had her as a teenager, held various menial jobs and went through a series of boyfriends, some abusive, before marrying Evans' stepfather. Evans moved 16 times as a child, one step ahead of bill collectors.
She graduated from high school with the required B average to qualify for HOPE, and after graduating stayed in Athens to attend law school, where she met her husband. The first piece of legislation she encountered as a new state representative in 2011 was a bill reducing benefits for HOPE recipients.
Evans said she fought against those changes, for college and technical college students, while her Democratic rival, Stacey Abrams, signed on to the HOPE cuts. Today, Evans believes there should be tuition-free technical education and funding changes for HOPE, such as means testing.
She also endorses expanding Medicaid so people can worry about getting well, not wondering where their care is coming from. As an attorney, she was part of a team that prosecuted one of the largest cases of Medicaid fraud, netting taxpayers $324 million. From her part of the settlement, she took $500,000 and set up a scholarship in the UGA School of Law to benefit first-generation college graduates attending law school.
Abrams, Evans said, voted to reduce the early voting period, a measure she voted against. The 2011 bill reduced early voting from 45 to 21 days before a general election. Evans said she supports comprehensive civil rights protections for everyone.


Tay, S.B.; Yew, W.S. Development of Quorum-Based Anti-Virulence Therapeutics Targeting Gram-Negative Bacterial Pathogens. Int. J. Mol. Sci. 2013, 14, 16570-16599.
Tay SB, Yew WS. Development of Quorum-Based Anti-Virulence Therapeutics Targeting Gram-Negative Bacterial Pathogens. International Journal of Molecular Sciences. 2013; 14(8):16570-16599.
Tay, Song B.; Yew, Wen S. 2013. "Development of Quorum-Based Anti-Virulence Therapeutics Targeting Gram-Negative Bacterial Pathogens." Int. J. Mol. Sci. 14, no. 8: 16570-16599.


Download file to see previous pages Quantitative and Qualitative Analysis: Andreas was initially sent as expatriate to New York branch to work as corporate banking manager but on arrival is shocked to know that the only position available is in the credit department. Later he is promoted to managerial cadre after working for few years. But the problem arises when his wife expresses her desire to go back to Germany in view of her children's education and to look after her parents. Upon this when Andreas addresses his problems and requests repatriation, the organization expresses its inability to provide similar position initially but after few months offers job which is comparatively lower to the present job executed by Andreas giving a big jolt to his expectations.
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Business downtime is much more common than you may think. Every business faces risk of business interruption everyday, from an employee clicking on something that they shouldn't have, hardware failure, the list just goes on and on. There are ways to protect your business from this loss of production time and data. In this educational session, we will uncover the most recent innovations in business continuity technology, and the best ways in which you can protect your business data. We will also explore the most common and unexpected types of disasters impacting your businesses uptime and the true hard cost of that time. Join us to learn how to safeguard your organization in this presentation by Datto, the leader in Total Data Protection.
Eric Torres joined Datto, Inc. as Channel Development Manager in March of 2015. Prior to joining, he ran the Datto sales, operations, and business practices for a successful 65 person managed service provider out of Milwaukee, WI. There, he was a member of the Datto Advisory Board and had given peer to peer presentations at several industry events, sharing his knowledge and expertise on business continuity. Recently named to CRN Magazine's "100 People You Don't Know, But Should" list, Eric brings his passion for business continuity and the managed service provider community to this role, and focuses on supporting the Datto Partner Community in growing their business.


BillHustonBlog: Rescheduled Energy Planning Board Meeting THURSDAY!
Rescheduled Energy Planning Board Meeting THURSDAY!
WHEN: THURSDAY June 25th. 1pm.
WHY: First meeting was abruptly cancelled.
We recently learned that the New York Energy Planning Board is holding a public meeting on NEW DATE: THURSDAY, June 25th, 1:00pm at the NYSERDA office in Albany (17 Columbia Circle) to discuss the New York State Energy Plan which will soon be released. This is the first meeting of the board since January 2014 when the draft plan was issued for public comment.
I strongly encourage everyone who is interested in the future of energy in our state to attend.
I believe--and I know you do too--that the threat of climate catastrophe to the world that our children will inherit creates a moral obligation for us to do everything in our power to rapidly move away from the continued burning of fossil fuels. I also know that, despite the anticipated ban on high-volume fracking, many of you have not had a moment's rest because you are fighting day in and day out against an overwhelming and ACCELERATING onslaught of gas infrastructure projects across New York including pipelines, compressor stations, power plants, and gas storage facilities. Those projects not only threaten our communities and public health; they collectively contribute to the demise of our state, our nation, and our planet.
It is important to recognize that the soon-to-be-adopted NYS Energy Plan is the official blueprint for our state's energy future as mandated in statute. It is intended to drive state policies and programs, as well as permitting decisions by state agencies. This makes the plan of pivotal importance to all of us. The bottom line is if that blueprint predicts the need for more gas pipelines and power plants, then that is what we are likely to get.
Many of us rightfully criticized the draft energy plan last year because that is precisely what it did. Despite deceptively pretty pictures of solar panels and wind farms in Volume 1 of the plan and ambiguous goals about "clean" energy, the draft predicted a growing need for gas, advocated the massive expansion of gas infrastructure, and offered only vague lackluster support for renewables or improvements in energy efficiency. For example, in 2012 only 20% of our state's electricity came from renewables, almost all of that being hydropower. Shocking, the draft plan projected that the percentage of our electricity in 2030 will STILL only be 20%. Furthermore, the "plan" predicted that fracked gas would need to comprise a much LARGER percentage of our energy portfolio than it does today (and a whole lot more if a nuclear power plant closes). This paints a terrible, defeatist picture for the future of our state, which many of us insisted must be dramatically altered. And disturbingly, the draft plan has already been used by industry to justify more gas infrastructure.
The message that many of us delivered in comments and at hearings was that instead of passively reacting to business-as usual forecasts of greater dependency on fossil fuels, New York must aggressively set forth a REAL PLAN that charts a very different course with SPECIFIC and SIZABLE targets for renewables and energy efficiency, coupled with a well-defined strategy for HOW we are going to get there.
So what I will be looking for on THURSDAY is whether or not the revised energy plan actually does that. If it does not, then it is not worth the paper it is written on. By the way, the target that many of our organizations called for was 50% renewables by 2025.
Similarly the draft energy plan gave only lip-service to a goal set by former Governor Paterson of reducing total greenhouse gas emissions 80% by 2050 from all sources, while offering no plan for getting there. The only pseudo-target mentioned was a economically-adjusted 50% reduction in carbon dioxide emissions by 2030, which ignored methane completely. Again, this conveniently supports a gas agenda, locking us into a future where there will be no possible way of actually achieving total GHG reduction goals. What we need to see is a plan that includes scheduled benchmarks for reductions in all GHG emissions (account for the full life-cycle of methane, using credible estimates of leakage, and applying the most current IPCC 20-year global warming potential).
Needless to say, as with the draft version of the plan, we should all know that the devil is in the details and it is far too late in the day for us to take comfort in pleasantly crafted, but damningly vague verbage about "clean and green".
Little information has emerged from NYSERDA about Thursday's meeting, however what we do know is that a presentation on the revised plan will be made. Prior meetings of the board have been carefully controlled and polished without opportunity for formal public comment, so that could be the case Thursday too. It is also unlikely that we will be given a copy of the document in advance so that we can see those important details, or lack thereof. Nonetheless, we can fill the room and make ourselves seen and heard--forcefully but respectfully-- in all the ways that we know how.
The Energy Planning Board consists of the head representatives for almost every state agency. So in my view, this is an opportunity not to be missed for all of us fighting gas infrastructure across New York to bear witness, talk directly to the agencies that are making decisions about our future, show them that we see the big picture, and insist on real change that requires a real plan for the future.
p.s. The following link contains comments that Otsego 2000 submitted on the draft energy plan last year. Section 4 relating to fracking on NY soil may be outdated, however all of the other 14 sections relating to the future of energy use, climate change, the negative impacts of gas infrastructure, and the morally destitute policy of "frack your neighbor" are more applicable than ever.


Adaptations, an exhibition of sculptural hybrids by Helene Brandt, explores the fragility and fierceness of metamorphosis. Sculptor Helene Brandt uses discarded, found, and organic objects, to create a symbiotic universe in the throes of change. Steel, wood, roots, wire, leaves, paint, varnish, and vegetation, all meld and focus our attention on the revelatory characteristics of each object. Indeed, they appear to come to life before our eyes. There is an acute sense that each sculpture could move at any instant and exchange parts with the next to create a new entity. In Brandt's work, a new truth becomes visible and we are allowed to create our own narrative. Even curious, suspicious, elements are treated with reverence and allowed to participate in the process. It is this willingness to abandon the familiar that is at the core of her work.
Together, the community dwells in a contradictory state of permanence and instability – change is imminent. It is in this place of tumult where we perceive an emotional resonance that both confounds us and begs our scrutiny. Each sculpture engages in a sly hybridization that reveals anthropomorphic elements – attributes – that when considered in tandem, invite comparisons.
Introverts and extroverts, young and old, and the unruly and the obedient, all coincide. Twister, perched on limbs of welded steel, wood, and vines, watches furtively – ready to scramble should it sense peril. Crane, fashioned from steel and lambs ear leaves, watches over the proceedings with a sense of bemusement – he thinks he may be a bird but can't be certain. Will he fly? Should he? Delicate Melazana is exuberant – she has just discovered that the unruly wires from her top can be used as a conduit to gather important information.
The tension between clinging to the familiar and fearing the unknown facilitates constant movement. This adaptive universe is always "in progress" and like all good symbiotic relationships, the members depend on each other for survival and reinvention. Each change, no matter how divergent or incomprehensible, somehow contributes to the whole and the metamorphosis continues.


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How Startups Are Fueling Innovation in the Internet of Things
Todd Henderson | 12.02.15 | 4 minute read
It's no surprise that the top sponsored (and most of the organic) search results for terms like "IoT" and "connected devices" are dominated by well-known, big brands. From boosting R&D spend to spinning up teams and business units to throwing serious funds at PR and promotion, these key players are investing billions to ensure they play a part in the promising Internet of Things market. But where is the innovation that's really driving things forward coming from?
The innovation that's moving the needle is coming from smaller, more nimble players like the Raspberry Pi Foundation - as evidenced by the recent Pi Zero "launch." Technically this was a launch, but it would be more accurately described as a phenomenon - possibly a watershed moment in tech. Less because of the product itself and more because of the approach, the ensuing result, and what it signifies.
How I Expected the Pi Zero Launch to Go
For the past several months, the folks at Raspberry Pi Foundation had been feverishly planning the launch of their next new product - a module even smaller yet more powerful than the popular Model A+. The new tiny computer would be far more than just a few new enhancements or capabilities. In the words of Founder Eben Upton, the next launch was every bit "as big a change as the original Raspberry Pi was."
By every indication in classical marketing strategy, embraced by most big brands and organizations, an innovation as significant this should have commanded a sizable price premium over an extended period of time. In the hands of a larger company, we would have seen a full-scale social media blitz, likely heavy promotion referencing #BlackFriday and a price 50% if not double that of Raspberry's most expensive ~$35 Model B.
What Really Happened in Pi Zero's 24 Hours of Craziness
As you may have heard, (fortunately) nothing like that happened. The new and highly anticipated Raspberry Pi Zero launched just a week ago at an astounding $5 price point, nearly half the price of anything equivalent available today. In the ensuing hours, a mad rush at a scale Black Friday marketers could only dream about erupted and crashed to a swift halt as the diminutive Pi Zero sold every single one of the 20,000 available units in less than 24 hours. Do the math. That averages out to a unit sold roughly every 4 seconds for 24 hours straight. They crushed it.
And it was equally as exciting to watch as it was frustrating to try to purchase. Clearly thousands of people purchased a new tiny computer - but many more thousands, possibly millions tried multiple times to no avail (we at Losant were certainly eager to snag a few but drew the short end of the stick like countless others). Revenue and profit aside, the rapid success of the launch made the Pi Zero the fastest selling computer in history.
Did the Pi Zero $5 price point miss out on some short term revenue? Absolutely. Probably a lot of revenue. But the level of innovation it drove by relatively instantly getting product into the hands of thousands of people building things is immeasurable.
"Even in the developed world, a programmable computer is a luxury item for a lot of people, and every extra dollar that we ask someone to spend decreases the chance that they'll choose to get involved,"
Eben Upton
The Role Big Brands Play
Back to the large brands with much more resources and reach than startups, smaller players and foundations. Though it's the organizations and smaller players like the Raspberry Pi Foundation and Arduino and startups like Onstream and PubNub who are driving most of the innovation, larger players like Intel, IBM, Microsoft and Amazon are creating all-important awareness and encouraging widespread adoption - in particular for the Industrial Internet of Things (IIoT).
Innovation for innovation's sake isn't the most effective business model. In order to fully realize the eye-popping projections for the IoT and IIoT markets, a whole lot more people need to know what it is and understand the value it offers to their lives and businesses. And that will take a collaboration between the innovative startups and the powerful mega brands.
Events like Intel's IoT Day and GE's Minds+Machines, help move the needle on alarming figures from a recent study commissioned by Microsoft indicating that the majority of executive decision makers are 'completely unaware' of the IoT and many more find it to be a confusing concept. Note that this isn't the general public, but the very individuals leading companies and organizations today.
Most (53%) executives...are completely unaware of the IoT and even more (72%) find it to be a confusing concept. - Northstar study via Microsoft
Whether you work for a big brand, small biz or you're one of the millions of makers and dreamers - building connected solutions to solve everyday problems on your own - you can help drive the conversation. Whether it's in work-related conversations at work, at the dinner table over the holidays or a chat with your neighbor over the fence, talk about problems we can solve and experiences we can create with connected devices. Join a meetup, post some of your thoughts on social or offer your perspective in response to someone else's.
Do you have thoughts on how who and what's driving innovation in IoT? I'd love to hear what you have to say in the comments below.


Pack your sacks... we're goin' questing for Quartifacts!
The 4th Expansion set to the hit dice game - Quarriors!
All of Quaxos' magical items have gone missing and you...mighty Quarrior...must take it upon yourself (with the help of your trusted Squier) to find them!
All new Quest cards are available in the Wilds for you to send your Creatures to find the all new LARGER Quest dice wielding unimaginable power (no seriously, we have no idea what these things do).
Includes 5 new Creatures and 2 new Spells along with a new Basic card - The Squire! - and featuring 12 Quest cards and 6 Quest dice.
A new Basic Card: The Squire!
Want to know when Quarriors! Quartifacts Dice-building Board Game - ozgameshop.com drops below a certain price? Enter your email address and price below and we'll let you know when it drops below that price!


The Cosmic Feminine is the embodiment of the dynamic feminine principle, beyond God or Goddess, which exists in the etheric realm as Anthroposophia, is not confined by the limits of time nor space, nor expressing herself exclusively through a singular thing. The earth, sky, stars, past, future, are all permutations of a manifestation she dwells both in and beyond. She is the principle force behind creativity, love, transformation and ascension - and also the space between them. She is the rain of constellation, the mystery of Sophia, the indwelling of what is wholly spirit.


Throw an incredible video game tournament party!
~This listing is for the digital files for the invitation of the Clash of the Controllers Video Game Party.
3. This invitation uses standard fonts already available on your computer; MV Boli and Ariel.
**The text Clash of the Controllers is not editable.


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Find Old Buddies
Sports News Mon, 19 Mar 2018
Kwadwo Asamoah becomes Juventus' fourth most capped non-European
Ghana International Kwadwo Asamoah reached a milestone over the weekend after becoming the first African and the fourth non-European to reach the 150th mark at Juventus.
The former Udinese midfielder, who joined Juventus in 2012 played his 150th game for the Turin club on Saturday, when they were held to a 0-0 draw by SPAL.
The Ghanian is now behind Argentine Monteroro (278), Chilean Arturo Vidal (171) and Zalayeta also from Argentina who had 160 caps.
The Juventus midfielder who is reported to be on his way out has been a key member of the "Old Ladies" helping them to five Scudetto titles, three Coppa Italia and three super Coppa Italia.
The Ghanaian was instrumental in the club's progress in the Champions League after coming off as a substitute in their win against Tottenham Hotspurs in the round of 16.
Asamoah is reported to have agreed to a deal in principle with rivals Inter Milan, who are offering a 2.5 million Euros deal to the Ghanaian.
Source: footballghana.com
Albert Adomah seeks for hat-trick of promotions with Nottingham Forest
Watch Richmond Boakye's goal and super assist for Red Star Belgrade in Champions League qualifier
Samuel Sarfo completes switch to Saudi Arabian side Al Khaleej FC
After beating cancer, D.C. United's Chris Odoi-Atsem is back on the field and inspiring
Baba Rahman set to join French giants Olympique Marseille


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Tagged: simulation
Red Dead Redemption Review
First, I must say I had a super hard time getting started with this game. Which is probably why it took so long to get this review out to you guys. I've had the game for a month plus now and I just finally got through it. What took me...
NHL '11 Preview
We got asked on twitter today for a preview of NHL '11. All you need to do is ask! Anyway, the NHL franchise is one of the few sports games the a frequently play and every year I get excited when they announce the new features for next years game....
BioShock 2 Review
Hmmm. Has anyone not played the original BioShock? Anyone out there? Well if you haven't played the original keep reading. If you have played the original, the game will feel similar, just from a new perspective. You'll find BioShock 2 is about a half a point worse than the original....
Dead Space 2 Preview
What up Isaac Clarke? First, I just want to say I am PUMPED for this game! I've played through the original Dead Space and every time I feel as though I find something new, a new piece comes out of the story. The game play is fantastic and the level...


"The only thing you cannot buy is time." – and that is true for you too.
When you open your Art Studio, you are doing everything: teaching, managing staff, accounting and administrative work. But by doing all that by yourself, you will not have time to grow your Business.
First, you need to get rid of some of the admin tasks in your business. You think "I can't afford to give this to someone else" when the truth is you can't afford NOT to. And this is why: admin tasks like invoicing, ordering supplies, responding to basic emails, and assembling newsletters are low value tasks. Of course they are important, but they are nothing more than $10-$20 per hour tasks. This is not something that you as a business owner should be doing. Imagine now that you get help for 5-10 hours a week to handle some admin in your business. That is 5-10 hours that you can spend on high values tasks, like marketing! That will increase the profit in your Art Studio!
You love to teach and also want to save money by teaching more classes. Before you know it you are preparing for classes and spending your limited time in classrooms. That will only generate the same amount of money and not grow your Art Studio. Not a good strategy. You need to bring in and train teachers to free up your time.
1. Really step into the role of becoming a manager/mentor which in turn produces teachers and staff who are all about growing their skills and committed to your Art Studio and your families.
2. Let them do whatever they want. They rarely see you or speak with you so there's no connection and they turn into that person who's just showing up to get paid. If this happens, you'll know it. You'll start to have a high turnover and this is also when teachers think they could do a better job and open their own Art Studio.
One Big Shift. Hopefully you're doing the former and your teachers and staff are giving awesome results for their students and the Art Studio as a whole. So, you start the journey of finding one or two people that can manage your Art Studio on a day to day level, like a Studio Manager (operations and business/marketing) and an artistic director (classes and creative ideas).
Being a true entrepreneur in your studio means that you get to work on "BIG" ideas to grow your net profit and net impact in your business. Sure, financial freedom is an outcome of reaching this stage but the most important thing is to be able to have more free time and seeing just how much more of an impact you can make on your students when everything else is taken care off. Don't worry, you will still have plenty to do to grow your Art Studio!
Where are you currently in your journey to becoming an entrepreneur in your Art Studio? Now is the time to gain clarity on your vision and what needs to be done to move you forward to reaching that place of being an entrepreneur.


I was wondering if anyone has ever been to the Rize tea plantation in Turkey? If so, how long ago did you go? My partner and I are about to embark on a journey of all the worlds tea plantations. We really want to see Rize in Turkey but are unsure how safe it is with all the current troubles in Syria.
Any help / advise would be gratefully appreciated.
I never went there but when you go there, don't forget to take pictures.
I haven't been to Rize, but have traveled to Turkey.
Turkey is very advanced and has a strong economy. Another story would be traveling to Morocco or the like.


I'm obsessed with podcasts and listen to numerous episodes a week – whenever I'm exercising, walking the dog, driving, cooking dinner, folding clothes, watching my boys' swimming lessons…. you get the picture. Top of my list each week Jonathan Fields' 'The Good Life Project'.
Last week Jonathan interviewed a neuro-rockstar — Dr. Wendy A. Suzuki about her her personal journey to launching her new book: Healthy Brain, Happy Life.
Wendy Suzuki runs an interactive research lab at New York University, where her research is focused on understanding the patterns of brain activity underlying long-term memory and, more recently, how aerobic exercise might improve our learning, memory, and cognitive abilities.
She's a two-time TEDx speaker (my kind of gal!!), is regularly interviewed on television and in print about her work. She lectures nationally and internationally on her research and serves as a reviewer for many of the top neuroscience journals. She lives in New York City.
Nearing forty (she …she's like my twin!), Dr. Wendy Suzuki was at the pinnacle of her career. An award-winning university professor and world-renowned neuroscientist, she had tenure, her own successful research lab, prestigious awards, and international renown.
This June, Suzuki will be taking us on an amazing journey inside the brain as never before, she'll helps us unlock the keys to neuroplasticity that can change our brains, or bodies, and, ultimately, our lives.
If you need a reminder of the philosophy behind the Walking Book Club and how it all works – click over to this page to learn a little more.
Thank you for your blog post. I subscribed to the podcast "The Good Life Project" and may buy the book "Healthy Brain, Happy Life". One question: would you mind sharing the names of 5 podcasts that you listen to every week (or when they get out)? I am also an avid podcast listener but my list is getting a bit stale.
I listen to 'Shrink Rap Radio', 'Brain Science Podcast', 'The psychology podcast' among others.
Look forward to reading this book. Maybe I can even get my aging dad to give it a read… It may help.


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May 27, 2013 by Simon Sweetman
John Murry: The Graceless Age
John Murry
The Graceless Age
Rubyworks/Bucketfull of Brains
The full-length debut from John Murry, The Graceless Age, is a stunner. It'll be one of the albums of the year for me. I'm sure of that. Sold, instantly, I knew it had something from the vital first seconds of the first track, it's continued to reward. It's often harrowing but sometimes beautiful as a result.
This reminds me of the impact Ash Wednesday by Elvis Perkins had. It reminds me of so many things in fact, you hear that version of gospel embedded in the Springsteen sound, so this won't just appeal to lovers of the acoustic down'n'dirty ultra-weary songs/albums from The Boss. Though The Graceless Age is caught – and caught up – in its own devastating slow-swing, there's a charm to these songs that suggests shared parenting across The River, Darkness on the Edge of Town and even some of The Wild, The Innocent & The E Street Shuffle.
This reminds me of that other stunner from this year, Matthew E White's record – and that's also due to the subverted/retooled gospel-as-indie/country music.
This reminds me of Phosphorescent without the recent bells and whistles and there's some hint of Evan Dando in the voice at times; that weariness. But you never, for a second, think that Murry is riding on it for the chicks, as Dando surely was.
The album's centrepiece is Little Colored Balloons, documenting a near-fatal overdose.
There's bleak short story-esque writing here, framed in the autumnal hymns and charms of what continues to be called (some version of) Americana because it's partly true (still) and also because – well, what else do you call it? Everyone seems lost on that. Because there's nothing folky here, not much that's bluesy – though these songs'll sure give you the blues and they sure come from someone having the blues – and if anything it's caffeinated country, the fuzzy hue and framing sketched on over the music after far too many cups of the brew.
I keep coming back to the word devastating – as with Ash Wednesday and Lou Reed's Magic and Loss this is an album that's a total bummer and beguiling as a result. Often beautiful, such grit to it, so much emotion without ever feeling like a hackneyed spin on the real thing. This music is overwrought for a reason – it's the true story that cuts the deepest.
And actually the music is gorgeous, sturdy, steady – opener, The Ballad Of The Pajama Kid, instantly puts in the listener's mind the Pearl Jam song, Black – those do-do/do-do-do vocals clicked and dragged, copied/pasted. It's fair to assume Pearl Jam's Ten was a formative record for Murry in his youth and it's an immediate hint that thinks are about to get pretty black; pretty bleak, very dark…
From there the songs are brutal and beautiful in equal measure and there are hints (California) of Chris Whitley too; I feel like, possibly, Murry might work out his career in a similar way: cult-artist styles.
But there's so much in this record – the lyrics are why you hit repeat; the framing is correct, sometimes there's a moment within the music that is utterly intoxicating too. But it's those lyrics.
Oh yeah and Murry is related to the great William Faulkner, so he's part of some grand storytelling tradition. There's also the junkie story of losing his house and family and nearly his life. All of that will help him in getting good copy and of course I couldn't not mention it. But I'm tagging it on the end here. Because I found all that out after first listening to the record.
And it's my favourite record right now. I'm absolutely hooked.
Posted in Blog, Reviews and tagged with Album Review, Americana, Ash Wednesday, Black, Bruce Springsteen, Country, Elvis Perkins, John Murry, Little Colored Balloons, Lou Reed, Magic & Loss, Matthew E. White, Pearl Jam, Ten, The Graceless Age. RSS 2.0 feed.
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2 Responses to John Murry: The Graceless Age
Just googled the album and stumbled across your blog. Good work. This album has ruled my life through all the seasons for the last year and I can't stop listening to it. Going to see JM live here in Stockholm on 6/3. Hope all is well. Cheers, Damon Gibson.
Simon Sweetman says:
Cheers Damon


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Authors Guild Inc. v. Google Inc. | 954 FSupp2d 282 | November 14, 2013
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Authors Guild Inc. v. Google Inc.
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954 F.Supp.2d 282
THE AUTHORS GUILD, INC., and BETTY MILES, JOSEPH GOULDEN, and JIM BOUTON, on behalf of themselves and all others similarly situated, Plaintiffs,
GOOGLE INC., Defendant.
No. 05 Civ. 8136 (DC).
United States District Court, S.D. New York.
November 14, 2013.
BONI & ZACK LLC, Michael J. Boni, Esq., Joshua D. Snyder, Esq., John E. Sindoni, Esq., Bala Cynwyd, PA, for Plaintiffs.
FRANKFURT KURNIT KLEIN & SELZ P.C., Edward H. Rosenthal, Esq., Jeremy S. Goldman, Esq., New York, NY,
MILBERG LLP, Sanford P. Dumain, Esq., New York, NY,
DURIE TANGRI LLP, Daralyn J. Durie, Esq., Joseph C. Gratz, Esq., David McGowan, Esq., Genevieve P. Rosloff, Esq., San Francisco, CA, for Defendant Google, Inc.
SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC, Jennifer M. Urban, Esq., Babak Siavoshy, Esq., Jason Schultz, Esq., University of California, Berkeley, School of Law, Berkeley, CA, -and- Matthew Sag, Esq., Loyola University of Chicago School of Law, Chicago, IL, for Amicus Curiae Digital Humanities and Law Scholars.
JONATHAN BAND PLLC, Jonathan Band, Esq., Washington, DC, for Amicus Curiae American Library Association, Association of College and Research Libraries, Association of Research Libraries, and Electronic Frontier Foundation.
DENNY CHIN, Circuit District Judge.
Since 2004, when it announced agreements with several major research libraries to digitally copy books in their collections, defendant Google Inc. ("Google") has scanned more than twenty million books. It has delivered digital copies to participating libraries, created an electronic database of books, and made text available for online searching through the use of "snippets." Many of the books scanned by Google, however, were under copyright, and Google did not obtain permission from the copyright holders for these usages of their copyrighted works. As a consequence, in 2005, plaintiffs brought this class action charging Google with copyright infringement.
Before the Court are the parties' cross-motions for summary judgment with respect to Google's defense of fair use under § 107 of the Copyright Act, 17 U.S.C. § 107. For the reasons set forth below, Google's motion for summary judgment is granted and plaintiffs' motion for partial summary judgment is denied. Accordingly, judgment will be entered in favor of Google dismissing the case.
A. The Facts
For purposes of this motion, the facts are not in dispute. (See 9/23/13 Tr. 10-11, 15, 25-28 (Doc. No. 1086)).[1] They are summarized as follows:
1. The Parties
Plaintiff Jim Bouton, the former pitcher for the New York Yankees, is the legal or beneficial owner of the U.S. copyright in the book Ball Four. Plaintiff Betty Miles is the legal or beneficial owner of the U.S. copyright in the book The Trouble with Thirteen. Plaintiff Joseph Goulden is the legal or beneficial owner of the U.S. copyright in the book The Superlawyers: The Small and Powerful World of the Great Washington Law Firms. (Google Resp. ¶¶ 1-3).[2] All three books have been scanned by Google and are available for search on Google's website, without plaintiffs' permission. (Google Resp. ¶ 4). Plaintiff The Authors Guild, Inc., is the nation's largest organization of published authors and it advocates for and supports the copyright and contractual interests of published writers. (Google Resp. ¶¶ 7-8).
Google owns and operates the largest Internet search engine in the world. (Google Resp. ¶ 9). Each day, millions of people use Google's search engine free of charge; commercial and other entities pay to display ads on Google's websites and on other websites that contain Google ads. (Google Resp. ¶ 10). Google is a for-profit entity, and for the year ended December 31, 2011, it reported over $36.5 billion in advertising revenues. (Google Resp. ¶ 11).
2. The Google Books Project
In 2004, Google announced two digital books programs. The first, initially called "Google Print" and later renamed the "Partner Program," involved the "hosting" and display of material provided by book publishers or other rights holders. (Google Resp. ¶¶ 13, 14). The second became known as the "Library Project," and over time it involved the digital scanning of books in the collections of the New York Public Library, the Library of Congress, and a number of university libraries. (Clancy Decl. ¶ 5 (Doc. No. 1035); Google Resp. ¶¶ 25, 26, 27; Pl. Resp. ¶ 14).
The Partner Program and the Library Project together comprise the Google Books program ("Google Books"). (Google Resp. ¶ 15). All types of books are encompassed, including novels, biographies, children's books, reference works, textbooks, instruction manuals, treatises, dictionaries, cookbooks, poetry books, and memoirs. (Pl. Resp. ¶ 6; Jaskiewicz Decl. ¶ 4 (Doc. No. 1041)). Some 93% of the books are non-fiction while approximately 7% are fiction.[3] Both in-print and out-of-print books are included, although the great majority are out-of-print. (Jaskiewicz Decl. ¶ 4).
In the Partner Program, works are displayed with permission of the rights holders. (Google Resp. ¶ 16). The Partner Program is aimed at helping publishers sell books and helping books become discovered. (Google Resp. ¶ 18). Initially, Google shared revenues from ads with publishers or other rights holders in certain circumstances. In 2011, however, Google stopped displaying ads in connection with all books. (Google Resp. ¶¶ 17, 21; Dougall Decl. ¶¶ 5-8 (Doc. No. 1076)). Partners provide Google with a printed copy of their books for scanning, or a digital copy if one already exists. (Google Resp. ¶ 19). Partners decide how much of their books — from a few sample pages to the entire book — are browsable. (Google Resp. ¶ 20). As of early 2012, the Partner Program included approximately 2.5 million books, with the consent of some 45,000 rights holders. (Google Resp. ¶ 24).
As for the Library Project, Google has scanned more than twenty million books, in their entirety, using newly-developed scanning technology. (Google Resp. ¶¶ 28, 29). Pursuant to their agreement with Google, participating libraries can download a digital copy of each book scanned from their collections. (Google Resp. ¶ 30). Google has provided digital copies of millions of these books to the libraries, in accordance with these agreements. (Google Resp. ¶ 85). Some libraries agreed to allow Google to scan only public domain works, while others allowed Google to scan in-copyright works as well. (Google Resp. ¶ 36).
Google creates more than one copy of each book it scans from the library collections, and it maintains digital copies of each book on its servers and back-up tapes. (Google Resp. ¶¶ 40, 41). Participating libraries have downloaded digital copies of in-copyright books scanned from their collections. (Google Resp. ¶¶ 53, 54). They may not obtain a digital copy created from another library's book. (Jaskiewicz Decl. ¶¶ 6, 8). The libraries agree to abide by the copyright laws with respect to the copies they make. (Clancy Decl. ¶ 5).
Google did not seek or obtain permission from the copyright holders to digitally copy or display verbatim expressions from in-copyright books. (Google Resp. ¶¶ 53, 54). Google has not compensated copyright holders for its copying of or displaying of verbatim expression from in-copyright books or its making available to libraries for downloading of digital copies of in-copyright books scanned from their collections. (Google Resp. ¶ 55).
3. Google Books
In scanning books for its Library Project, including in-copyright books, Google uses optical character recognition technology to generate machine-readable text, compiling a digital copy of each book. (Google Resp. ¶ 62; Pl. Resp. ¶ 18; Jaskiewicz Decl. ¶ 3). Google analyzes each scan and creates an overall index of all scanned books. The index links each word or phrase appearing in each book with all of the locations in all of the books in which that word or phrase is found. The index allows a search for a particular word or phrase to return a result that includes the most relevant books in which the word or phrase is found. (Clancy Decl. ¶ 6; Pl. Resp. ¶ 22-26). Because the full texts of books are digitized, a user can search the full text of all the books in the Google Books corpus. (Clancy Decl. ¶ 7; Google Resp. ¶ 42).
Users of Google's search engine may conduct searches, using queries of their own design. (Pl. Resp. ¶ 10). In response to inquiries, Google returns a list of books in which the search term appears. (Clancy Decl. ¶ 8). A user can click on a particular result to be directed to an "About the Book" page, which will provide the user with information about the book in question. The page includes links to sellers of the books and/or libraries that list the book as part of their collections. No advertisements have ever appeared on any About the Book page that is part of the Library Project. (Clancy Decl. ¶ 9).
For books in "snippet view" (in contrast to "full view" books), Google divides each page into eighths — each of which is a "snippet," a verbatim excerpt. (Google Resp. ¶¶ 43, 44). Each search generates three snippets, but by performing multiple searches using different search terms, a single user may view far more than three snippets, as different searches can return different snippets. (Google Resp. ¶ 45). For example, by making a series of consecutive, slightly different searches of the book Ball Four, a single user can view many different snippets from the book. (Google Resp. ¶¶ 46, 47).
Google takes security measures to prevent users from viewing a complete copy of a snippet-view book. For example, a user cannot cause the system to return different sets of snippets for the same search query; the position of each snippet is fixed within the page and does not "slide" around the search term; only the first responsive snippet available on any given page will be returned in response to a query; one of the snippets on each page is "black-listed," meaning it will not be shown; and at least one out of ten entire pages in each book is black-listed. (Google Resp. ¶¶ 48-50; Pl. Resp. ¶¶ 35, 37-40). An "attacker" who tries to obtain an entire book by using a physical copy of the book to string together words appearing in successive passages would be able to obtain at best a patchwork of snippets that would be missing at least one snippet from every page and 10% of all pages. (Pl. Resp. ¶ 41). In addition, works with text organized in short "chunks," such as dictionaries, cookbooks, and books of haiku, are excluded from snippet view. (Pl. Resp. ¶ 42).
4. The Benefits of the Library Project and Google Books
The benefits of the Library Project are many. First, Google Books provides a new and efficient way for readers and researchers to find books. (See, e.g., Clancy Decl. Ex. G). It makes tens of millions of books searchable by words and phrases. It provides a searchable index linking each word in any book to all books in which that word appears. (Clancy Decl. ¶ 7). Google Books has become an essential research tool, as it helps librarians identify and find research sources, it makes the process of interlibrary lending more efficient, and it facilitates finding and checking citations. (Br. of Amici Curiae American Library Ass'n et al. at 4-7 (Doc. No. 1048)). Indeed, Google Books has become such an important tool for researchers and librarians that it has been integrated into the educational system — it is taught as part of the information literacy curriculum to students at all levels. (Id. at 7).
Second, in addition to being an important reference tool, Google Books greatly promotes a type of research referred to as "data mining" or "text mining." (Br. of Digital Humanities and Law Scholars as Amici Curiae at 1 (Doc. No. 1052)). Google Books permits humanities scholars to analyze massive amounts of data — the literary record created by a collection of tens of millions of books. Researchers can examine word frequencies, syntactic patterns, and thematic markers to consider how literary style has changed over time. (Id. at 8-9; Clancy Decl. ¶ 15). Using Google Books, for example, researchers can track the frequency of references to the United States as a single entity ("the United States is") versus references to the United States in the plural ("the United States are") and how that usage has changed over time. (Id. at 7). The ability to determine how often different words or phrases appear in books at different times "can provide insights about fields as diverse as lexicography, the evolution of grammar, collective memory, the adoption of technology, the pursuit of fame, censorship, and historical epidemiology." Jean-Baptiste Michel et al., Quantitative Analysis of Culture Using Millions of Digitized Books, 331 Science 176, 176 (2011) (Clancy Decl. Ex. H). Third, Google Books expands access to books. In particular, traditionally underserved populations will benefit as they gain knowledge of and access to far more books. Google Books provides print-disabled individuals with the potential to search for books and read them in a format that is compatible with text enlargement software, text-to-speech screen access software, and Braille devices. Digitization facilitates the conversion of books to audio and tactile formats, increasing access for individuals with disabilities. (Letter from Marc Maurer, President of the National Federation for the Blind, to J. Michael McMahon, Office of the Clerk (Jan. 19, 2010) (Doc. No. 858)). Google Books facilitates the identification and access of materials for remote and underfunded libraries that need to make efficient decisions as to which resources to procure for their own collections or through interlibrary loans. (Br. of Amici Curiae American Library Ass'n at 5-6).
Fourth, Google Books helps to preserve books and give them new life. Older books, many of which are out-of-print books that are falling apart buried in library stacks, are being scanned and saved. See Authors Guild v. Google Inc., 770 F. Supp. 2d 666, 670 (S.D.N.Y. 2011). These books will now be available, at least for search, and potential readers will be alerted to their existence.
Finally, by helping readers and researchers identify books, Google Books benefits authors and publishers. When a user clicks on a search result and is directed to an "About the Book" page, the page will offer links to sellers of the book and/or libraries listing the book as part of their collections. (Clancy Decl. ¶ 9). The About the Book page for Ball Four, for example, provides links to Amazon.com, Barnes&Noble.com;, Books-A-Million, and IndieBound. (See Def. Mem. at 9). A user could simply click on any of these links to be directed to a website where she could purchase the book. Hence, Google Books will generate new audiences and create new sources of income.
As amici observe: "Thanks to . . . [Google Books], librarians can identify and efficiently sift through possible research sources, amateur historians have access to a wealth of previously obscure material, and everyday readers and researchers can find books that were once buried in research library archives." (Br. of Amici Curiae American Library Ass'n at 3).
B. Procedural History
Plaintiffs commenced this action on September 20, 2005, alleging, inter alia, that Google committed copyright infringement by scanning copyrighted books and making them available for search without permission of the copyright holders. From the outset, Google's principal defense was fair use under § 107 of the Copyright Act, 17 U.S.C. § 107.
After extensive negotiations, the parties entered into a proposed settlement resolving plaintiffs' claims on a class-wide basis. On March 22, 2011, I issued an opinion rejecting the proposed settlement on the grounds that it was not fair, adequate, and reasonable. Authors Guild v. Gooqle Inc., 770 F. Supp. 2d 666 (S.D.N.Y. 2011).
Thereafter, the parties engaged in further settlement discussions, but they were unable to reach agreement. The parties proposed and I accepted a schedule that called for the filing of plaintiffs' class certification motion, the completion of discovery, and then the filing of summary judgment motions. (See 9/16/11 Order (Doc. No. 982)). Plaintiffs filed a fourth amended class action complaint (the "Complaint") on October 14, 2011. (Doc. No. 985). While the dates in the schedule were subsequently extended, the sequence of events was retained, with the class certification motion to precede the summary judgment motions, and adding dates for Google's filing of a motion to dismiss the Authors Guild's claims. (See, e.g., 1/17/12 Order (Doc. No. 996); 3/28/12 Order (Doc. No. 1007)).
Plaintiffs filed their class certification motion and Google filed its motion to dismiss the Authors Guild's claims. On May 31, 2012, I issued an opinion denying Google's motion to dismiss and granting the individual plaintiffs' motion for class certification. Authors Guild v. Google Inc., 282 F.R.D. 384 (S.D.N.Y. 2012).
On June 9, 2012, I issued an order re-setting the briefing schedule for the summary judgment motions. (6/19/12 Order (Doc. No. 1028)). The parties thereafter filed the instant cross-motions for summary judgment. Before the motions were fully submitted, however, the Second Circuit issued an order on September 17, 2012, staying these proceedings pending an interlocutory appeal by Google from my decision granting class certification. (9/17/12 Order (Doc. No. 1063)).
On July 1, 2013, without deciding the merits of the appeal, the Second Circuit vacated my class certification decision, concluding that "resolution of Google's fair use defense in the first instance will necessarily inform and perhaps moot our analysis of many class certification issues." Authors Guild, Inc. v. Gooqle Inc., 721 F.3d 132, 134 (2d Cir. 2013). The Second Circuit remanded the case "for consideration of the fair use issues." Id. at 135.
On remand, the parties completed the briefing of the summary judgment motions. I heard oral argument on September 23, 2013. I now rule on the motions.
For purposes of these motions, I assume that plaintiffs have established a prima facie case of copyright infringement against Google under 17 U.S.C. § 106. See Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 361 (1991). Google has digitally reproduced millions of copyrighted books, including the individual plaintiffs' books, maintaining copies for itself on its servers and backup tapes. See 17 U.S.C. § 106(1) (prohibiting unauthorized reproduction). Google has made digital copies available for its Library Project partners to download. See 17 U.S.C. § 106(3) (prohibiting unauthorized distribution). Google has displayed snippets from the books to the public. See 17 U.S.C. § 106(5) (prohibiting unauthorized display). Google has done all of this, with respect to in-copyright books in the Library Project, without license or permission from the copyright owners. The sole issue now before the Court is whether Google's use of the copyrighted works is "fair use" under the copyright laws. For the reasons set forth below, I conclude that it is.
A. Applicable Law
Fair use is a defense to a claim of copyright infringement. The doctrine permits the fair use of copyrighted works "to fulfill copyright's very purpose, t[t]o promote the Progress of Science and useful Arts.'" Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 575 (1994) (quoting U.S. Const., Art. I, § 8, cl. 8)); accord Cariou v. Prince, 714 F.3d 694, 705 (2d Cir. 2013). Copyright law seeks to achieve that purpose by providing sufficient protection to authors and inventors to stimulate creative activity, while at the same time permitting others to utilize protected works to advance the progress of the arts and sciences. See Eldred v. Ashcroft, 537 U.S. 186, 212 (2003); Blanch v. Koons, 467 F.3d 244, 250 (2d Cir. 2006); Hon. Pierre N. Leval, Toward a Fair Use Standard, 103 Harv. L. Rev. 1105, 1107-08 (1990). As the Supreme Court has held, "[f]rom the infancy of copyright protection, some opportunity for fair use of copyrighted materials has been thought necessary to fulfill copyright's very purpose." Campbell, 510 U.S. at 575; see also Harper & Row Publishers, Inc. v. Nation Enters., 471 U.S. 539, 560 (1985) (recognizing "the latitude for scholarship and comment traditionally afforded by fair use").
The fair use doctrine is codified in § 107 of the Copyright Act, which provides in relevant part as follows:
[T]he fair use of a copyrighted work, . . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
17 U.S.C. § 107.
The determination of fair use is "an open-ended and context-sensitive inquiry," Blanch v. Koons, 467 F.3d at 251, and thus the fair use doctrine calls for "case-by-case analysis," Campbell, 510 U.S. at 577; see also Harper & Row, 471 U.S. at 553. The four factors enumerated in the statute are non-exclusive and provide only "general guidance"; they are to be explored and weighed together, "in light of the purposes of copyright." Campbell, 510 U.S. at 578-79; Harper & Row, 471 U.S. at 560-61. As fair use is an affirmative defense to a claim of copyright infringement, the proponent carries the burden of proof as to all issues in dispute. Am. Geophysical Union v. Texaco Inc., 60 F.3d 913, 918 (2d Cir. 1994); see also Campbell, 510 U.S. at 590.
A key consideration is whether, as part of the inquiry into the first factor, the use of the copyrighted work is "transformative," that is, whether the new work merely "supersedes" or "supplants" the original creation, or whether it:
instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is "transformative."
Campbell, 510 U.S. at 579 (quoting Leval, Toward a Fair Use Standard, 103 Harv. L. Rev. at 1111); accord Bill Graham Archives v. Darling Kindersley Ltd., 448 F.3d 605, 608 (2d Cir. 2006) ("Most important to the court's analysis of the first factor is 'transformative' nature of the work."); Am. Geophysical Union, 60 F.3d at 923. Although transformative use is not "absolutely necessary" to a finding of fair use, "the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works." Campbell, 510 U.S. at 579.
B. Application
I discuss each of the four factors separately, and I then weigh them together.
1. Purpose and Character of Use
The first factor is "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes." 17 U.S.C. § 107(1).
Google's use of the copyrighted works is highly transformative. Google Books digitizes books and transforms expressive text into a comprehensive word index that helps readers, scholars, researchers, and others find books. Google Books has become an important tool for libraries and librarians and cite-checkers as it helps to identify and find books. The use of book text to facilitate search through the display of snippets is transformative. See Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1168 (9th Cir. 2007) (holding that use of works — "thumbnail images," including copyrighted photographs — to facilitate search was "transformative"); Kelly v. Arriba Soft Corp., 336 F.3d 811 (9th Cir. 2003) (same); see also Bill Graham Archives, 448 F.3d at 609-11 (holding that display of images of posters in 480-page cultural history of the Grateful Dead was transformative, explaining that "[w]hile the small size [of the images of the posters] is sufficient to permit readers to recognize the historial significance of the posters, it is inadequate to offer more than a glimpse of their expressive value"). The display of snippets of text for search is similar to the display of thumbnail images of photographs for search or small images of concert posters for reference to past events, as the snippets help users locate books and determine whether they may be of interest. Google Books thus uses words for a different purpose — it uses snippets of text to act as pointers directing users to a broad selection of books.
Similarly, Google Books is also transformative in the sense that it has transformed book text into data for purposes of substantive research, including data mining and text mining in new areas, thereby opening up new fields of research. Words in books are being used in a way they have not been used before. Google Books has created something new in the use of book text — the frequency of words and trends in their usage provide substantive information.
Google Books does not supersede or supplant books because it is not a tool to be used to read books. Instead, it "adds value to the original" and allows for "the creation of new information, new aesthetics, new insights and understandings." Leval, Toward a Fair Use Standard, 103 Harv. L. Rev. at 1111. Hence, the use is transformative.
It is true, of course, as plaintiffs argue, that Google is a for-profit entity and Google Books is largely a commercial enterprise. The fact that a use is commercial "tends to weigh against a finding of fair use." Harper & Row, 471 U.S. at 562; accord Campbell, 510 U.S. at 585. On the other hand, fair use has been found even where a defendant benefitted commercially from the unlicensed use of copyrighted works. See, e.g., Blanch, 467 F.3d at 253; Bill Graham Archives, 448 F.3d at 612. See also Castle Rock Entm't, Inc. v. Carol Publ'q Grp., Inc., 150 F.3d 132, 142 (2d Cir. 1998) (observing that Second Circuit does "not give much weight to the fact that the secondary use was for commercial gain"). Here, Google does not sell the scans it has made of books for Google Books; it does not sell the snippets that it displays; and it does not run ads on the About the Book pages that contain snippets. It does not engage in the direct commercialization of copyrighted works. See 17 U.S.C. § 107(1). Google does, of course, benefit commercially in the sense that users are drawn to the Google websites by the ability to search Google Books. While this is a consideration to be acknowledged in weighing all the factors, even assuming Google's principal motivation is profit, the fact is that Google Books serves several important educational purposes.
Accordingly, I conclude that the first factor strongly favors a finding of fair use.
2. Nature of Copyrighted Works
The second factor is "the nature of the copyrighted work." 17 U.S.C. § 107(2).[4] Here, the works are books — all types of published books, fiction and non-fiction, in-print and out-of-print. While works of fiction are entitled to greater copyright protection, Stewart v. Abend, 495 U.S. 207, 237 (1990), here the vast majority of the books in Google Books are non-fiction. Further, the books at issue are published and available to the public. These considerations favor a finding of fair use. See Arica Inst., Inc. v. Palmer, 970 F.2d 1067, 1078 (2d Cir. 1992) ("Whether or not a work is published is critical to its nature under factor two because the scope of fair use is narrower with respect to unpublished works.") (quoting New Era Publ'ns Intern., ApS v. Carol Publ'q Grp., 904 F.2d 152, 157 (2d Cir. 1990) (internal quotation marks ommitted)).
3. Amount and Substantiality of Portion Used
The third factor is "the amount and substantiality of the portion used in relation to the copyrighted work as a whole." 17 U.S.C. § 107(3). Google scans the full text of books — the entire books — and it copies verbatim expression. On the other hand, courts have held that copying the entirety of a work may still be fair use. See, e.g., Sony Corp. of Am. v. Universal City Studios, Inc., 464 U.S. 417, 449-50 (1984); Bill Graham Archives, 448 F.3d at 613 ("copying the entirety of a work is sometimes necessary to make a fair use of the image"). Here, as one of the keys to Google Books is its offering of full-text search of books, full-work reproduction is critical to the functioning of Google Books. Significantly, Google limits the amount of text it displays in response to a search.
On balance, I conclude that the third factor weighs slightly against a finding of fair use.
4. Effect of Use Upon Potential Market or Value
The fourth factor is "the effect of the use upon the potential market for or value of the copyrighted work." 17 U.S.C. § 107(4). Here, plaintiffs argue that Google Books will negatively impact the market for books and that Google's scans will serve as a "market replacement" for books. (Pl. Mem. at 41). It also argues that users could put in multiple searches, varying slightly the search terms, to access an entire book. (9/23/13 Tr. at 6).
Neither suggestion makes sense. Google does not sell its scans, and the scans do not replace the books. While partner libraries have the ability to download a scan of a book from their collections, they owned the books already — they provided the original book to Google to scan. Nor is it likely that someone would take the time and energy to input countless searches to try and get enough snippets to comprise an entire book. Not only is that not possible as certain pages and snippets are blacklisted, the individual would have to have a copy of the book in his possession already to be able to piece the different snippets together in coherent fashion.
To the contrary, a reasonable factfinder could only find that Google Books enhances the sales of books to the benefit of copyright holders. An important factor in the success of an individual title is whether it is discovered — whether potential readers learn of its existence. (Harris Decl. ¶ 17 (Doc. No. 1039)). Google Books provides a way for authors' works to become noticed, much like traditional in-store book displays. (Id. at ¶¶ 14-15). Indeed, both librarians and their patrons use Google Books to identify books to purchase. (Br. of Amici Curiae American Library Ass'n at 8). Many authors have noted that online browsing in general and Google Books in particular helps readers find their work, thus increasing their audiences. Further, Google provides convenient links to booksellers to make it easy for a reader to order a book. In this day and age of on-line shopping, there can be no doubt but that Google Books improves books sales.
Hence, I conclude that the fourth factor weighs strongly in favor of a finding of fair use.
5. Overall Assessment
Finally, the various non-exclusive statutory factors are to be weighed together, along with any other relevant considerations, in light of the purposes of the copyright laws.
In my view, Google Books provides significant public benefits. It advances the progress of the arts and sciences, while maintaining respectful consideration for the rights of authors and other creative individuals, and without adversely impacting the rights of copyright holders. It has become an invaluable research tool that permits students, teachers, librarians, and others to more efficiently identify and locate books. It has given scholars the ability, for the first time, to conduct full-text searches of tens of millions of books. It preserves books, in particular out-of-print and old books that have been forgotten in the bowels of libraries, and it gives them new life. It facilitates access to books for print-disabled and remote or underserved populations. It generates new audiences and creates new sources of income for authors and publishers. Indeed, all society benefits.
Similarly, Google is entitled to summary judgment with respect to plaintiffs' claims based on the copies of scanned books made available to libraries. Even assuming plaintiffs have demonstrated a prima facie case of copyright infringement, Google's actions constitute fair use here as well. Google provides the libraries with the technological means to make digital copies of books that they already own. The purpose of the library copies is to advance the libraries' lawful uses of the digitized books consistent with the copyright law. The libraries then use these digital copies in transformative ways. They create their own full-text searchable indices of books, maintain copies for purposes of preservation, and make copies available to print-disabled individuals, expanding access for them in unprecedented ways. Google's actions in providing the libraries with the ability to engage in activities that advance the arts and sciences constitute fair use.
To the extent plaintiffs are asserting a theory of secondary liability against Google, the theory fails because the libraries' actions are protected by the fair use doctrine. Indeed, in the HathiTrust case, Judge Baer held that the libraries' conduct was fair use. See Authors Guild, Inc. v. HathiTrust, 902 F. Supp. 2d 445, 460-61, 464 (S.D.N.Y. 2012) ("I cannot imagine a definition of fair use that would not encompass the transformative uses made by Defendants' [Mass Digitization Project] and would require that I terminate this invaluable contribution to the progress of science and cultivation of the arts that at the same time effectuates the ideals espoused by the [Americans with Disabilities Act]."). The fair use analysis set forth above with respect to Google Books applies here as well to the libraries' use of their scans, and if there is no liability for copyright infringement on the libraries' part, there can be no liability on Google's part.
For the reasons set forth above, plaintiffs' motion for partial summary judgment is denied and Google's motion for summary judgment is granted. Judgment will be entered in favor of Google dismissing the Complaint. Google shall submit a proposed judgment, on notice, within five business days hereof.
SO ORDERED.
[1] When pressed at oral argument to identify any factual issues that would preclude the award of summary judgment, plaintiffs' counsel was unable to do so. (Id. at 25-26).
[2] "Google Resp." refers to Google's Responses and Objections to plaintiffs' Statement of Undisputed Facts in Support of Their Motion for Partial Summary Judgment (Doc. No. 1077). "Pl. Resp." refers to plaintiffs' Response to Google's Local Rule 56.1 Statement (Doc. No. 1071). I have relied on the parties' responses to the statements of undisputed facts only to the extent that factual statements were not controverted.
[3] These estimates are based on studies of the contents of the libraries involved. (Def. Mem. at 7 (Doc. No. 1032) (citing Brian Lavoie and Lorcan Dempsey, Beyond 1923: Characteristics of Potentially In-Copyright Print Books in Library Collections, 15-D-Lib 11/12 (2009), available at http://www.dlib.org/dlib/ november09/1avoie/111avoie.html (last visited November 12, 2013)). The numbers are not disputed. (See 9/23/2013 Tr. at 26).
[4] The parties agree that the second factor plays little role in the ultimate fair use determination. (Pl. Mem. at 36 n.18 (Doc. No. 1050); Def. Mem. at 25). See On Davis v. Gap, Inc., 246 F.3d 152, 175 (2d Cir. 2001) ("The second statutory factor, the nature of the copyrighted work, is rarely found to be determinative.") (internal citation omitted).
Case Information
Decision date: 2013-11-14
Author: Chin
Citations: 954 FSupp2d 282
Docket Numbers: No. 05 Civ. 8136 (DC)
Jurisdiction: United States District Court, S.D. New York
Name: H2O Case Admin.


Ant Financial's Tianhong Yu'e Bao, the world's largest money market fund, lifted limits for individual investors on Wednesday following a nearly 30% decrease in asset volume in 2018.
In a notice released Tuesday by Tianhong, individual limits on total investments and daily contributions have been lifted beginning Wednesday to "better meet demands from general investors" (our translation). After five years of breakneck growth, Tianhong Yu'e Bao began trending downward in 2018, with assets under management falling 28.5% to RMB 1.13 trillion compared with RMB 1.58 trillion a year earlier.
Operated by Chinese asset management firm Tianhong and available on Alibaba's payment platform Alipay since 2013, the fund allowed users to invest at a rock-bottom minimum of RMB 1 ($0.15), and featured yields that reached as much as 4% in mid-2017. Tianhong Yu'e Bao—not to be confused with Yu'e Bao, Alipay's online wealth management platform—became the world largest money market fund in April 2017 when it was managing assets of $165.6 billion, surpassing JP Morgan Chase's US Government market fund ($150 billion).
Its rapid growth sparked concern from regulators in recent years, one of which expressed unease about its "overly large volume compared to offerings from traditional banks"(our translation). China Securities Regulatory Commission (CSRC) implemented new regulations in October 2017, urging public fund managers to prevent asset volumes from exceeding 200 times their risk reserves.
Ant Financial started introducing more funds from local asset management firms on its payment platform beginning in May 2018. Currently, there are 20 money market funds available on Alipay.


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