Thursday, May 17, 2012

Access to web-published content can be lost as websites are routinely updated, reorganized, or deleted over time.  In the five years since the program began, the Chesapeake Group has built a digital archive collection comprising more than 8,600 digital items and 3,700 titles, almost all originally posted to the web but captured and preserved within the group's digital archive.   Every year, the Chesapeake Group investigates whether or not the documents in the archive can still be found at the original web addresses from which they were captured.  The group analyzes two samples of web addresses, or URLs, pulled from the archive's records. ...  In 2012, 218 out of 579 URLs in the sample no longer provide access to the content that was originally selected, captured, and archived by the Chesapeake Group.  In other words, link rot has increased to 37.7 percent within five years.  Link to full report from the Chesapeake Digital Preservation Group at:  http://web.docuticker.com/go/docubase/68740 
Authors are trying to satisfy impatient readers who have become used to downloading any e-book they want at the touch of a button, and the publishers who are nudging them toward greater productivity in the belief that the more their authors’ names are out in public, the bigger stars they will become.  “It used to be that once a year was a big deal,” said Lisa Scottoline, a best-selling author of thrillers.  “You could saturate the market.  But today the culture is a great big hungry maw, and you have to feed it.”   Television shows are rushed online only hours after they are originally broadcast, and some movies are offered on demand at home before they have left theaters.  In this environment, publishers say, producing one a book a year, and nothing else, is just not enough.  Ms. Scottoline has increased her output from one book a year to two, which she accomplishes with a brutal writing schedule:  2,000 words a day, seven days a week, usually “starting at 9 a.m. and going until Colbert,” she said.  The British thriller writer Lee Child, who created the indelible character Jack Reacher, is now supplementing his hardcover books with short stories that are published in digital-only format, an increasingly popular strategy to drum up attention for the coming publication of a novel.  Mr. Child’s first story, a 40-page exploration of Reacher as a teenager, was released last August, several weeks before his latest novel came out in print.  On the advice of his publisher, he is planning to write another digital-only short story this summer.  “Everybody’s doing a little more,” said Mr. Child, who is published by Delacorte Press, part of Random House.  Even John Grisham is working overtime.  Mr. Grisham, who used to write one book each year, now does an additional series aimed at middle-grade readers, the popular “Theodore Boone” novels that are published annually.  http://www.nytimes.com/2012/05/13/business/in-e-reader-age-of-writers-cramp-a-book-a-year-is-slacking.html?pagewanted=1&_r=1

The Canadian one cent penny will be no more as of this autumn.  Canadian Prime Minister Stephen Harper and the Conservatives introduced the federal budget at the end of March.  In the annual budget, it was announced that the government will save $11 million per year by not producing one cent pennies, which cost 1.6 cents to create.  Some Members of Parliament are advocating for the end of the five-cent nickel as well.  This would make the 10-cent dime the lowest denominated currency in Canada.  http://digitaljournal.com/article/324178

Thanks primarily to rising costs of zinc – the main material in a penny – the U.S. Mint now spends 2.4 cents to make a penny.  Just last year, the U.S. mint made 4.9 billion pennies.  It doesn’t add up:  That’s $118 million to make just $49 million worth of pennies.  The current Treasury Secretary, Timothy Geithner told Congress earlier this week that something has to be done about the sky-rocketing costs of making U.S. coins.  And it’s not just the penny: the lowly nickel costs 11.18 cents to make.  http://abcnews.go.com/blogs/headlines/2012/03/u-s-penny-to-be-kept-as-canada-bids-coin-farewell/

The Dodd-Frank Wall Street Reform and Consumer Protection Act, the most sweeping financial law enacted since the Great Depression, is supposed to protect investors and shield the economy from bubbles and speculation.  Its promise is hard to judge; many detailed rules are still being drafted.  What can be said with confidence is that Dodd-Frank has been a boon for lobbyists.  This spring a scrum of them is grappling over a relatively obscure provision known as Section 1504.  Bill Gates, George Soros, Secretary of State Hillary Clinton, and Senator Richard Lugar (R-Ind.) have endorsed the proviso.  Big Oil and mining corporations are determined to undo it.  At issue is a problem not typically associated with Wall Street reform:  how to help citizens in poor countries stop their leaders from stealing money earned from oil and mineral sales.  Dodd-Frank would use Securities and Exchange Commission rules to require resource companies listed on U.S. stock exchanges to make timely, detailed disclosures of the tax and royalty payments they make to governments worldwide.  Anti-poverty groups such as Oxfam and Publish What You Pay have long argued that such transparency can help reduce corruption in oil-rich, thievery-plagued places such as Nigeria and Iraq by giving local media and civil society the hard data they need to ask where their country’s cash is going.  Large oil and mining companies already participate in a voluntary regime, the Extractive Industries Transparency Initiative. Executives at ExxonMobil (XOM), the world’s biggest oil company, have sat on the Initiative’s board.  Reformers have been frustrated by the slow and incomplete nature of the disclosures required by EITI; Dodd-Frank is a chance to push through tougher rules.  Lobbyists are now urging the SEC to delay action or to narrow the kinds of disclosures that would be required.  The American Petroleum Institute, the industry’s Washington arm, is leading the push, but all major oil and mining companies have joined in on their own.  (Newmont Mining (NEM) is the only major exception; it has expressed support for the 1504 rules.)  The companies argue that the proposed rules would be “excessively burdensome,” in the words of Patrick Mulva, ExxonMobil’s vice president and controller.  Big Oil’s “greater concern,” as Mulva wrote in a letter to the commission, is  that 1504 would have a “detrimental effect” on the “global competitiveness of U.S. companies.” The fear is that Chinese, Russian, Brazilian, and Indian oil and mining companies, lacking qualms and unburdened by Dodd-Frank rules, would exploit the financial disclosures made by their Western competitors to outbid them—and potentially persuade leaders of resource-rich countries in the developing world to stay away from U.S. companies altogether.  http://www.businessweek.com/articles/2012-05-10/exxonmobil-vs-dot-dodd-frank

People with clear skies across most of the U.S., Canada, and Mexico will experience a partial eclipse of the Sun late this Sunday afternoon (May 20, 2012).  Sky and Telescope's website describes several recommended Sun-viewing methods:   "When the eclipse is deep or annular, the clear blue sky will become a darker, deeper blue than normal," says MacRobert.  "Look for Venus - it's shining east of the Sun by about two fist-widths at arm's length.  Jupiter and Mercury will be tougher.  They're on the other side of the Sun by about a quarter and a third as far, respectively, and they're not as bright."   A partial or annular eclipse is a rewarding experience in itself, but it's no match for a *total* eclipse of the Sun. "The next total eclipse of the Sun to cross the United States will be on August 21, 2017," says MacRobert.  "So consider Sunday's event a warm-up."  But another solar spectacle is coming up much sooner.  Just 16 days later, on the afternoon of June 5th, it's the planet Venus's turn to cross the face of the Sun. The silhouette of Venus will be a small black dot with just 3% the diameter of the Sun, compared to the Moon's 94% on May 20th.   Read  much more at:  http://www.spacedaily.com/reports/Solar_Eclipse_to_Sweep_North_America_on_Sunday_May_20th_999.html

Scott Pask, a Tony Award-winning scenic designer (for "The Pillowman," "The Coast of Utopia," "Les Liaisons Dangereuses" and "The Book of Mormon" ), was at the New York Botanical Garden's Enid A. Haupt Conservatory, where he was helping set the stage and the mood for the NYBG's new exhibition "Monet's Garden." (runs May 19-Oct. 21)  The task:  evoking Giverny, the Normandy estate that was manse and muse to one of Impressionism's founding fathers—the man who said "I perhaps owe having become a painter to flowers."   "Monet's Garden," which includes two rarely seen paintings by the artist, is a return engagement for Mr. Pask, who designed the set pieces for last year's NYBG exhibition "The Orchid Show: On Broadway."  His contributions included a proscenium arch, a chandelier and a balcony.  Joanne Kaufman  See much more plus pictures at:  http://online.wsj.com/article/SB10001424052702304371504577403981962193586.html


Wednesday, May 16, 2012

The Death Master File, a list compiled by the U.S. Social Security Administration contains birth dates and other sensitive information on more than 89 million deceased.  The government doesn’t put the file on the Internet itself.  It sells the records to local governments, hospitals, pension funds, and private companies.  Because the list is considered public information, it’s legal for any buyer to post it online.  That means criminals don’t have to look very hard for names and numbers to poach.  Thieves can file a fraudulent return either by claiming false income or false dependents, and request that a refund be deposited onto a prepaid debit card.  Nina Olson, the U.S. Taxpayer Advocate, has called it a “relatively new tactic” in the realm of tax-related identity theft, which the IRS says has ensnared more than 490,000 victims since 2008.  Once the IRS dispatches the money to a debit card, it’s hard to trace.  Social Security Commissioner Michael Astrue has said it will take an act of Congress to restrict the death file’s release to companies that meet a set of qualifying standards—which a bill introduced in the U.S. Senate would do.  http://mobile.businessweek.com/articles/2012-05-10/identity-theft-grave-robbing-for-a-tax-refund

Retired librarian Marlene Heard wanted to continue to share her passion for books, so she started her own little library. She can't live without books.  "I have to be with a library, I just have to be."  So when Marlene found out about the Little Free Library movement, by reading of course, she knew instantly she had to be a part of it.  "I called my son and said hey, you can cover a whole bunch of holidays; I want this.  So he got it and made it up right away," she explains.   Marlene's already noticed books flying off her shelf. "I just looked this morning and there are very few in there!" Heard exclaims.  But thanks to the painted "Take one, leave one?" instructions, books are not only returned, but the collection grows.  Marlene even had to add two extra book bins, "Just to see people take books, bring them back, bring back 3, 4 and they only took out one and they get them from neighbors, this is just... to me, I just love it, it's fun!"  The Little Free Library movement began in Hudson, Wisconsin and is spreading across the nation.  http://www.620wtmj.com/news/local/150656865.html

Aristotle, one of the most important philosophers ever to write about justice lived in ancient Greece, some 2400 years ago.  He thought that justice means giving each person his due, or what he deserves.  But how do we know what people deserve?  What goods and opportunities should go to which persons?  Aristotle’s answer is that we have to consider the telos—the end or the purpose—of the good in question.  Find eight topics for discussion at: 

Book I of Plato's The Republic appears to be a Socratic dialogue on the nature of justice.  The goal of the discussion is to discover the genuine nature of the subject at hand, but the process involves the proposal, criticism, and rejection of several inadequate attempts at defining what justice really is.  The elderly, wealthy Cephalus suggests that justice involves nothing more than telling the truth and repaying one's debts.  But Socrates points out that in certain (admittedly unusual) circumstances, following these simple rules without exception could produce disastrous results.  (Republic 331c)  Returning a borrowed weapon to an insane friend, for example, would be an instance of following the rule but would not seem to be an instance of just action.  The presentation of a counter-example of this sort tends to show that the proposed definition of justice is incorrect, since its application does not correspond with our ordinary notion of justice.  In an effort to avoid such difficulties, Polemarchus offers a refinement of the definition by proposing that justice means "giving to each what is owed."  The new definition codifies formally our deeply-entrenched practice of seeking always to help our friends and harm our enemies.  http://www.philosophypages.com/hy/2g.htm

Getting what you deserve may also be phrased as getting your just deserts.

Quote  Justice was based on a word in Hebrew that meant giving people what they needed, not what they deserved.    Cage of Stars, a novel by Jacquelyn Mitchard

The U.S. Court of Appeals for the Sixth Circuit has found that the red wax seal on the Maker’s Mark bourbon whiskey is protected trade dress. The ruling gave Judge Boyce Martin Jr. an opportunity to talk at length about the history of bourbon — an opportunity he clearly relished.  Judge Martin’s opinion begins, Justice Hugo Black once wrote, “I was brought up to believe that Scotch whisky would need a tax preference to survive in competition with Kentucky bourbon.”  While there may be some truth to Justice Black’s statement that paints Kentucky bourbon as such an economic force that its competitors need government protection or preference to compete with it, it does not mean a Kentucky bourbon distiller may not also avail itself of our laws to protect its assets.  This brings us to the question before us today: whether the bourbon producer Maker’s Mark Distillery, Inc.’s registered trademark consisting of its signature trade dress element—a red dripping wax seal—is due protection, in the form of an injunction, from a similar trade dress element on Casa Cuervo, S.A. de C.V.’s Reserva de la Familiatequila bottles.  We hold that it is.  The judgments of the district court in this trademark infringement case are AFFIRMED.  What makes bourbon bourbon?  Corn-based mash and aging in charred oak barrels.  The name itself can be traced to one of the original nine counties of Kentucky — Bourbon County – named in honor of the French royal family. 

A comparative analysis of Wikipedia’s appearance on page one of the search results shows Google favors Wikipedia far more than Bing, appearing on page one 46 percent of the time for combined keywords (informational and transactional) compared to 31 percent for Bing. Comparison of instances Wikipedia did not appear in the search results at all shows it occurred 64 percent of the time for Bing compared to 29 percent of the time for Google.  http://www.conductor.com/blog/2012/05/googles-love-affair-with-wikipedia-far-more-serious-than-bings-study/

Two Toledo searchers ran "lunch hour" to test the theory above.  Searchers #1 and #2 each got 7,850,000 hits in Google with Wikipedia mentioned on page 1.   Searcher #1 got 2,630,000 hits in Bing with no mention of Wikipedia on page 1.  Searcher #2 got 1,250,000 hits in Bing with no mention of Wikipedia on page one.  Searcher #2 reports:  "I also ran the search in DuckDuckGo, a non-filtering search engine.  Wikipedia does not show up on the results listed below.  Between Google and Bing there appears to be a marked difference between results, but DuckDuckGo and Bing appear somewhat similar (though there are some unique results).  As DuckDuckGo is powered by Bing, this is not surprising." 

Some of the largest companies on the Web have attempted to compete with Google and failed. DuckDuckGo, on the other hand, is about as small as a company can be—it has one full-time employee—and has come up with one of the most appealing Google alternatives to date.  It doesn't involve e-mail, maps, real-time results or social networking.  It's just a simple, straightforward search engine that's reminiscent of early Google, with a no-nonsense privacy policy  (it will not store any information that could tie you to your searches).  Best of all, the results are dependably relevant and devoid of spam.  Link to The 50 Best Websites of 2011 at:  http://www.time.com/time/specials/packages/article/0,28804,2087815_2088176_2088178,00.html

Monday, May 14, 2012


The Triboro RFK Bridge has many names, depending on when you’ve lived in NYC. 
Triboro or Triborough Bridge—anyone using the bridge before 2010 will call it the Triboro Bridge.  RFK Bridge or Robert F. Kennedy Bridge—the new name since November, 2008.  It cost $4 million for the MTA and NYSDOT to replace all the signs leading to the bridge.  The original Triborough name derives from the bridge connecting the three NYC boroughs of Manhattan, Bronx, and Queens.  The bridge is actually three separate long-span bridges connecting the three boroughs, a number of smaller bridges and viaducts, fourteen miles of approach highways and parkways, parks and recreational facilities, and administrative offices for the Triborough Bridge and Tunnel Authority.  The three main spans connect with one another over Randalls Island and Wards Island, with greenways linking the various segments.  The toll plaza and approaches manage 22 lanes of traffic coming from the north, south and west, and is approximately nine acres.  http://parkitnyc.com/driving-nyc/nyc-bridge-tunnel/east-river-bridges-tunnels/triboro-rfk-bridge/

The Queensboro Bridge, also known as the 59th Street Bridge was built in 1909 and carries approximately 200,000 vehicles every day.  One of the most traveled bridges in the world, it connects Manhattan at 59th Street to Long Island City, Queens.  The upper level of the Queensboro Bridge has four lanes of automobile traffic and provides an excellent view of the bridge’s cantilever truss structure and the New York City skyline.  The lower level has six lanes, the inner four for automobile traffic and the outer two for either automobile traffic or pedestrians and bicycles.  The North Outer Roadway was converted into a permanent pedestrian walk and bicycle path in September 2000.  http://parkitnyc.com/driving-nyc/nyc-bridge-tunnel/east-river-bridges-tunnels/queensboro-bridge/  The City Council voted 38-12 in favor of renaming the bridge for the former mayor.  The council's Parks Committee voted 6-1 in favor of the proposal.   "When the mayor asked me if he could submit the legislation to rename the Queensboro Bridge the 'Ed Koch Queensboro Bridge'--in Manhattan, it's known as the 59th Street Bridge--I said that was a great honor, but I wasn't going to lobby for it," said Koch.  http://gothamist.com/2011/03/23/queensboro_bridge_could_be_koch_bri.php

Did you know that solanum melongena is called “eggplant” in America because some 18th century cultivars looked like goose eggs?  Elsewhere the prolific purple fruit is an aubergine or maybe a brinjal.  “Mad apple” came about when someone confused the Italian melanzane with mela insana.  Of course “insana” is how you may feel when you stumble over yet another sack of eggplant left on your doorstep by a stealthy and definitely anonymous benefactor.  Like the tomato and potato, it is part of the deadly nightshade family and for centuries people assumed all three were poisonous.  See recipe for Eggplant with Fresh Mint, Kalamata Olives, Jalapeno and Ricotta Salata  at:  http://www.spicelines.com/2007/08/recipe_eggplant_invasion_spice.htm

Solanaceae is a family of flowering plants that includes a number of important agricultural crops.  Many species are toxic plants.  The name of the family comes from the Latin Solanum "the nightshade plant", but the further etymology of that word is unclear.  Most likely, the name comes from the perceived resemblance that some of the flowers bear to the sun and its rays, and in fact a species of Solanum (Solanum nigrum) is known as the "sunberry".  Alternatively, the name has been suggested to originate from the Latin verb solari, meaning "to soothe".  This presumably refers to soothing pharmacological properties of some of the psychoactive species of the family.  The family is also informally known as the nightshade or potato family.  The family includes Datura, Mandragora (mandrake), Atropa belladonna (deadly nightshade), Lycium barbarum (wolfberry), Physalis philadelphica (tomatillo) , Physalis peruviana (Cape gooseberry flower), Capsicum (chili pepper, bell pepper), Solanum (potato, tomato, eggplant), Nicotiana (tobacco), and Petunia.  With the exception of tobacco (Nicotianoideae) and petunia (Petunioideae), most of the economically important genera are contained in the subfamily Solanoideae.  Many members of the Solanaceae family are used by humans, and are important sources of food, spice and medicine.  However, Solanaceae species are often rich in alkaloids whose toxicity to humans and animals ranges from mildly irritating to fatal in small quantities.  http://en.wikipedia.org/wiki/Solanaceae

Making Progress Against Clutter by Jane E. Brody
With the help of a friend who has furnished several apartments with items from Ikea and another who knows how to put the stuff together, I saved thousands of dollars on decorator fees and costly furnishings and ended up with clean, simple, practical work surfaces and storage units.  The task of decluttering has been helped greatly by “The Hoarder in You,” a very practical book by Dr. Robin Zasio, but it is far from over. I still have too many clothes and shoes and face what another author, Barry Dennis, calls “The Chotchky Challenge.”  Mr. Dennis, a motivational speaker, relies on an expanded definition (and Anglicized spelling) of the Yiddish word “tchotchke,” which refers to a trinket or knickknack; he uses it to mean “stuff that gets out of control.”  In his view, a tchotchke can be almost anything that takes up space, both mental and physical, that might better be occupied by something else or nothing at all.  As Mr. Dennis points out, far too many plugged-in people now wander through life oblivious to their surroundings.  They don’t see the trees, hear the birds, notice the people or even the traffic.  I’ve rescued two women recently who walked into the paths of oncoming vehicles while entranced by their phones.  Find details and helpful hints at:  http://well.blogs.nytimes.com/2012/04/30/making-progress-against-clutter/

Cornstarch, arrowroot, and tapioca are the most popular starch thickeners. They have different strengths and weaknesses, so it's a good idea to stock all three in your pantry.  Starch thickeners give food a transparent, glistening sheen, which looks nice in a pie filling, but a bit artificial in a gravy or sauce.  If you want high gloss, choose tapioca or arrowroot. If you want low gloss, choose cornstarch.  Cornstarch is the best choice for thickening dairy-based sauces. Arrowroot becomes slimy when mixed with milk products.   Find much more plus pictures at:  http://www.foodsubs.com/ThickenStarch.html

For more than a decade, Gretchen Reynolds has been writing about the science of health and fitness.  Her weekly column, Phys Ed, is one of the paper’s most popular features, regularly appearing on top of the “Most E-mailed” list.  Now Ms. Reynolds has distilled the knowledge gained from years of fitness reporting into a new book, “The First 20 Minutes: Surprising Science Reveals How We Can Exercise Better, Train Smarter, Live Longer,’’ published last month.  While the subtitle alone makes bold promises about the potential of exercise to protect the human body, the most surprising message from Ms. Reynolds is not that we all need to exercise more — or at least not the way exercise is typically defined by the American public.  Ms. Reynolds makes a clear distinction between the amount of exercise we do to improve sports performance and the amount of exercise that leads to better health.  To achieve the latter, she explains, we don’t need to run marathons, sweat it out on exercise bikes or measure our peak oxygen uptake.  We just need to do something.  “Humans,” she writes, “are born to stroll.”  Tara Parker-Pope  Read interview at:  http://well.blogs.nytimes.com/2012/05/04/the-surprising-shortcut-to-better-health/


Friday, May 11, 2012


The erotic “Fifty Shades of Grey” apparently is too blue for the Brevard County Public Libraries system.  The wildly popular first installment of a titillating trilogy by British author E.L. James, “Fifty Shades” is parked atop every best-seller list in the country, from Amazon to the New York Times.  But the sadomasochistic saga won’t be found any longer on Space Coast library shelves.  All of a “handful” of copies were removed from circulation earlier this week.   “It’s quite simple — it doesn’t meet our selection criteria,” said Cathy Schweinsberg, library services director.  http://www.floridatoday.com/article/20120504/NEWS01/305040006/Sexy-tale-can-t-checked-out-Brevard-libraries?gcheck=1&nclick_check=1   

Spanking, sex and submission are raking in profits for erotic novel "Fifty Shades of Grey", reinvigorating marriages and sparking anguished debates among feminists, but there has been one unintended result of the novel - laughter.  The best-selling book by British writer E.L. James that has taken pop culture by storm also has become ripe for spoofs and parodies, even as Hollywood is agog over who will play the leads in an upcoming movie.  Comedians, bloggers and political satirists are having fun with the X-rated novel, dubbed "mommy porn," telling of wealthy hero Christian Grey and his sadomasochistic seduction of naive young lover Anastasia Steele that is currently the third best-selling book of 2012 on Amazon.com.  One satirical novel, "Fifty Shames of Earl Grey", has already been snapped up by publishers and is headed for U.S. bookstores this summer.  And as "Fifty Shades of Grey" topped the New York Times best-seller list for a sixth week, talk show host Ellen DeGeneres last week broadcast a spoof audio reading.  DeGeneres used absurd paraphrases for the book's more explicit terms and a kitchen spatula and bull whip as props in a clip that has been viewed more than 800,000 times on YouTube.  "Fifty Shames of Earl Grey" author Andrew Shaffer said he wrote his parody novel in just 10 days.  It stars a handsome, super wealthy count called Earl Grey (after the British tea) who buys up businesses in his bid to bring naive college student Anna into his world of naughty dialogue.  http://www.reuters.com/article/2012/05/01/entertainment-us-fiftyshades-humor-idUSBRE8401CP20120501

Business, Politics & Society, History, Education & Career and Writing & Publishing are some of the many topics covered at:  http://www.suite101.com/

Social networking service Myspace has agreed to settle Federal Trade Commission charges that it misrepresented its protection of users' personal information.  The settlement, part of the FTC's ongoing efforts make sure companies live up to the privacy promises they make to consumers, bars Myspace from future privacy misrepresentations, requires it to implement a comprehensive privacy program, and calls for regular, independent privacy assessments for the next 20 years.  The Myspace social network has millions of users who create and customize online profiles containing substantial personalized content.  Myspace assigns a persistent unique identifier, called a "Friend ID," to each profile created on Myspace.  A user's profile publicly discloses his or her age, gender, profile picture (if the user chooses to include one), display name, and, by default, the user's full name.  User profiles also may contain additional information such as pictures, hobbies, interests, and lists of users' friends.  http://www.ftc.gov/opa/2012/05/myspace.shtm 

The Federal Trade Commission is seeking a civil contempt ruling against the nation's largest third-party billing company, alleging that it placed more than $70 million in bogus "cramming" charges on consumers' phone bills in violation of a previous court order.  The FTC is asking a federal court to make the company pay more than $52.6 million, the total amount that the company billed consumers and failed to refund.  The FTC alleged that Billing Services Group (BSG) placed charges on nearly 1.2 million telephone lines on behalf of a serial phone crammer.  The charges were supposedly for "enhanced services," such as voicemail and streaming video, that consumers never authorized or even knew about.  "BSG made it possible for con artists to steal people's hard-earned money by placing charges on phone bills for services they never ordered or used," said David Vladeck, Director of the FTC's Bureau of Consumer Protection. "Under previous federal court orders, BSG cannot profit from the fraud of others and then deny responsibility for the harm they made possible."  Billing aggregators act as intermediaries between third-party vendors and the local phone companies by contracting to have the local telephone companies collect charges for the vendors' services from consumers.  "Cramming" is the placement of unauthorized charges on phone bills.  In its contempt motion, the FTC said BSG failed to investigate either the highly deceptive marketing for the services or whether consumers even used them.  BSG kept billing for these services despite voluminous complaints from consumers and even after major telephone companies refused to do so, the FTC's motion stated.  http://www.ftc.gov/opa/2012/05/bsg.shtm 

Vittoria Conn, an employee of Dewey & LeBoeuf LLP sued the law firm on May 10.  Ms. Conn, a document specialist at Dewey, says she and about 450 others will lose their jobs on May 11, according to a lawsuit that alleges the troubled law firm failed to give notice to the employees, as required by state and federal law.  Ms. Conn said the firm announced the mass layoff on May 7  and informed employees that their last day was May 11.  Her lawsuit, filed in federal district court in Manhattan, accuses Dewey of violating a federal law that requires employers to give their employees 60 days advance written notice of their termination.  The lawsuit also alleges the firm broke a state labor law that requires 90 days advance written notice. 

A casting coordinator for The Avengers needed a string quartet for a pivotal scene to be filmed in Cleveland.  A Google search brought her to zinquartet.com.  She liked what she saw on the musicians' site and so did the film's director, Joss Whedon.  And that's how Toledo Symphony members Merwin Siu, Jennifer Burns, Tim Zeithamel, and Renee Goubeaux managed to score 30 seconds of screen time in the nearly 2 1/2-hour-long blockbuster.  The musicians appear as a string quartet at a museum party crashed by the film's main villain, the evil god Loki.  It was the first film  acting gig for the Toledoans, though their roles weren't that much of a departure from real life. Siu plays violin, Zeithamel and Burns play viola (she plays violin in the movie), and Goubeaux plays cello.  Their brief appearance took 15 hours to film, from 3 p.m. to 6 a.m. in one day.  http://www.toledoblade.com/Music-Theater-Dance/2012/05/09/Toledo-Symphony-members-snare-screen-time-in-The-Avengers.html

Wednesday, May 9, 2012


Heirs of Richard John Ritchie, credited with reformulating Pepsi-Cola in 1931, filed suit May 4 against PepsiCo Inc. in the U.S. District Court in the Southern District of New York for the right to share Mr. Ritchie’s “extraordinary life story’’ with “historians, collectors, journalists and television and film producers.’’  That should also include the right to circulate historic documents in the family’s possession, including one from 1941 spelling out Mr. Ritchie’s recipe for Pepsi-Cola, the plaintiffs argue.  After Mr. Ritchie died in 1985, the documents were passed to his wife and then to a son, Richard James Ritchie, who kept them in boxes in his basement in Pennsylvania before finally looking through them in 2008, according to court papers.  The trove is being held “in a secure location’’ by Mr. Ritchie’s heirs after PepsiCo demanded the family hand over all the documents, according to the lawsuit.  The family alerted PepsiCo about the documents in late 2008 and the company warned that any disclosure about its cola formula would violate trade secrets, it added in its lawsuit.  Purchase, New York-based PepsiCo declined to comment on the matter May 7, citing the litigation.  A lawyer for the plaintiffs also declined to comment beyond the court filing or to make family members available.  PepsiCo traces its flagship drink back to the late 1890s and credits Caleb Bradham, a pharmacist in New Bern, North Carolina, with creating it.  Mr. Bradham lost control of the drink in 1923, when Pepsi-Cola declared bankruptcy.  A new owner of the company, Charles Guth, asked Mr. Ritchie in 1931 to devise a better-tasting version of Pepsi-Cola.  Mr. Ritchie, a chemist, complied, helping spur sales of the soda thanks in part to its “unique taste,’’ according to the lawsuit filed by Mr. Ritchie’s heirs.  But there isn’t any evidence, the heirs allege, that Mr. Ritchie transferred his intellectual property rights to the company.  Mr. Ritchie’s formula was finally written down in a 1941 document, with the company keeping the original copy in a bank vault and Mr. Ritchie keeping a duplicate original of the document.  For the decade before that, the reworked Pepsi-Cola formula was only known by Mr. Ritchie and Thomas Elmezzi, his protégé and successor, according to the court filing.  The 1941 document “is of tremendous historical value and of interest to scholars and the general public as a remarkable artifact of American commercial history,’’ Mr. Ritchie’s heirs argue in the lawsuit.  The civil case is Joan Ritchie Silleck, the estate of Richard James Ritchie, and Robert Ritchie v. PepsiCo Inc.  http://blogs.wsj.com/law/2012/05/08/pepsis-recipe-heads-to-court/ 

What is a Transit of Venus?  When Venus passes directly between earth and the sun, we see the distant planet as a small dot gliding slowly across the face of the sun.  The next transit of Venus occurs June 5 or 6, 2012, depending on your location.  Find out where to be and when and read tips for eye safety when viewing  at:  http://www.transitofvenus.org/

 In a back-and-forth series of letters last month, lawyers from Patterson Belknap Webb Tyler LLP accused lawyers from Fross Zelnick Lehrman & Zissu PC–which is representing the Gap–of altering the line spacing on their reply brief to a motion for summary judgment to give them “about four extra lines per page.”  The letters were part of a request by the plaintiff to file five extra pages in their memorandum of law in a trademark dispute involving T-shirts labeled with the phrase “Lower East Side” and “LES NYC.”  The judge in the case, Paul A. Engelmayer, requires documents filed in cases before him to be double spaced.  Patterson Belknap lawyers said they used a computer program to determine that the line spacing on Fross Zelnick’s reply brief was “1.75″ instead of double spaced.  Fross Zelnick replied, “As is our usual practice, the brief employs 12 point Times New Roman font formatted in Microsoft Word with the line spacing set at exactly 24 points, i.e., double the line height.”  The judge granted Patterson Belknap’s request to file a 30-page, instead of 25-page.  A lawyer from Fross Zelnick declined comment, saying the Gap and its Old Navy unit don’t comment on pending litigation. 
 
May 3, 2012  Providence, Rhode Island  A few weeks ago, Marie Malchodi, book conservation technician at Brown University, opened yet another leather-bound book, one of more than 300,000 rare volumes in the hold of the John Hay Library. With surgical precision, she turned the pages of a medical text once owned by Solomon Drowne, Class of ’73 (1773, that is). And there, in the back, she found a piece of paper depicting the baptism of Jesus. It was signed:  “P. Revere Sculp”   Now here, on a small cart, were 177 more books, all from the collection of Drowne, a doctor and polymath who distinguished himself during the American Revolution. “Watts’s Logick.” “Kalm’s Travels.” “Plague and Yellow Fever.”  Next up: an 1811 edition of “The Modern Practice of Physic,” by Dr. Robert Thomas, a champion of purgatives as a cure for disease.  Ms. Malchodi examined the red leather cover, the gold tooling on the spine. Then she pulled out that piece of paper.  The engraving, titled “Buried With Him By Baptism,” shows John the Baptist raising Jesus from the River Jordan under a blazing sun, while people in vaguely Colonial attire watch from shore.  The basement brain trust decided that the print must be shown to Richard Noble, the rare books cataloger.  Mr. Noble’s first reaction was to say that the engraving was just crude enough to be a Revere.  Then he held the engraving up to the light as a test.  It had the faintly ribbed look of paper produced from the slurry pulp made of rags, signaling that it was most likely handmade paper from the 18th century.  Yes. A Revere.   This could very well mean that the patriot — who had nurtured the seeds of rebellion with his engraving of the Boston Massacre of 1770 — had cut the scene into a flat copper plate; filled the grooves with ink, perhaps by pressing it in with the palm of his hand; wiped away the excess with circular sweeps of a small cloth; and used a hand-operated press to produce the engraving.  
“That was a nice moment,” Mr. Noble said.  It turned out that Ms. Malchodi had uncovered only the fifth known copy of this particular engraving, which is “a bit of a curiosity in Revere’s work,” according to Lauren Hewes, the curator of graphic arts at the American Antiquarian Society in Worcester, Mass.  She said that while Revere carefully documented his prosperous and prolific career as an artisan, he made no mention of this piece, and so the exact date of the engraving is unclear.  http://www.nytimes.com/2012/05/04/us/at-brown-university-stumbling-across-a-rarity-in-the-rare-book-room.html?_r=2&hp
 
The jury deliberating over Oracle Corp.’s claims that Google Inc. infringed copyrights protecting Oracle’s Java technology reached a mixed decision May 7, which could leave Google on the hook for only a relatively minimal amount of damages.  The jury decided that when Google was developing its Android mobile phone software it did make use of Oracle’s Java interfaces, or essential building blocks.  But it was unable to reach a decision on whether that was protected under the so-called fair-use doctrine.  The jury did find separately that Google infringed a minimal amount of Java code as it developed Android.  But the judge overseeing the case indicated Oracle would only be entitled to statutory damages as a result, and not a portion of Google’s profits.  The size of potential statutory damages in the case wasn’t immediately clear, though they are generally expected to be less than $100,000—or a fraction of the roughly $1 billion Oracle has said it is entitled to for the total amount of copyright and patent infringement alleged in the case.  In addition, Google’s attorney said he is moving for a mistrial based on the jury’s inability to reach a verdict on whether Google’s use of Java interfaces was protected by fair use.  http://blogs.wsj.com/law/2012/05/07/mixed-decision-in-oracle-vs-google-copyright-case/   Here's how Oracle's legal team graphically depicted the issue:  http://www.informationweek.com/news/development/java/232901575
 
Maurice Sendak, proclaimed "the Picasso of children's books" by Time magazine, has died at 83.  Of the books he wrote, Sendak said "Higglety Pigglety Pop! Or There Must Be More to Life" (1967) was his favorite.  The nonsense tale starred a terrier who decides there must be more to life than having everything.  The dog was based on Jennie, his Sealyham terrier and companion of 14 years, who had gone "to Castle Yonder," as he wrote in the book.  Sendak considered "Wild Things" part of a loose trilogy of books that included the award-winning "In the Night Kitchen" (1970), about the nocturnal adventures of Mickey, who barely escapes being baked into a cake, and "Outside Over There" (1981), the tale of a baby kidnapped by goblins.   At 9, he started writing stories with his brother, Jack.  His sister, Natalie, took Sendak to see his first Walt Disney film, which led to a lifelong fascination with Mickey Mouse.   In high school, he was an indifferent student who worked on backgrounds for comic strips such as Mutt and Jeff.  He had a comic in the school newspaper and illustrated a physics textbook for a teacher.  After graduating in 1946, Sendak worked for a window-display company.  Two years later, he built mechanical wooden toys that his brother, an engineer, designed.  Impressed by his creativity, FAO Schwarz executives hired Sendak as a window dresser.  His work caught the eye of noted children's book editor Ursula Nordstrom, who hired him to illustrate the 1951 Marcel Ayme book "The Wonderful Farm" and became his mentor.  Nordstrom arranged for him to illustrate "A Hole Is to Dig," a whimsical 1952 book of childhood definitions by Ruth Krauss that established Sendak as an illustrator.  To make a living, he illustrated about 20 books in a few years and learned to draw in a variety of styles.  He admitted that he owed an artistic debt to classic Victorian book illustrators but said that most of his original work was influenced by his Brooklyn childhood.   An opera fanatic, Sendak was dumbfounded when innovative opera director Frank Corsaro — long a fan of "Wild Things" — asked him to design costumes for a 1980 Houston Grand Opera production of Mozart's "The Magic Flute."  Critics called Sendak's resulting set designs "sumptuous" with intriguing undertones of foreboding.  Over the next decade, he designed sets for about 10 operas, including writing lyrics and designing costumes for his own "Where the Wild Things Are," a 45-minute opera that premiered in Belgium in 1980.  A lifelong insomniac, he kept a strict regimen that included a lengthy dog walk.  At his death, he had a German shepherd named Herman for Sendak's favorite author, Melville.  http://www.latimes.com/news/obituaries/la-me-maurice-sendak-20120509,0,4823266.story?page=1
 

Monday, May 7, 2012


Hevea brasiliensis, the Pará rubber tree, often simply called rubber tree, is a tree belonging to the family Euphorbiaceae, and the most economically important member of the genus Hevea. It is of major economic importance because its sap-like extract (known as latex) is the primary source of natural rubber.  The Pará rubber tree initially grew only in the Amazon Rainforest. Increasing demand and the discovery of the vulcanization procedure in 1839 led to the rubber boom in that region, enriching the cities of Belém and Manaus.  The name of the tree derives from Pará, the second largest Brazilian state, the capital of which is Belém.  See history and beautiful pictures at:   http://en.wikipedia.org/wiki/Hevea_brasiliensis
 

Nearly 300 tiger shrimp were collected off the coasts of South Carolina, Georgia and Florida in the three months after the August, 1988 accidental release of roughly 2,000 animals from an aquaculture facility in South Carolina.  The species has now been found from North Carolina to Texas.  Penaeus monodon was one of six species of penaeid shrimp transported to Hawaii for aquaculture and research between 1978-1991.  Some individuals escaped from culture ponds during flooding, but no populations are thought to be established (Eldredge 1994).  Although production has declined over the past decade, during the 1970s and 80s global production of farmed Penaeus monodon exceeded all other shrimp species. Tiger shrimp were widely farmed outside of their native range where conditions were suitable, including West Africa and various locations throughout the Caribbean.  In the US, the last attempt to culture tiger shrimp occurred in Florida in 2004 (Salisbury 2004); however, a successful harvest was not achieved there (Knott pers. comm.).  Introductions of tiger shrimp into the southeastern US are most likely explained by escapement from aquaculture facilities following flooding by storms and hurricanes, or through migration from areas where tiger shrimp have previously become established in the wild.  Currently, the impacts of this invasive shrimp on the native fauna in areas where it has been introduced are uncertain.  The black tiger shrimp, however, is a more aggressive predator on soft-bodied invertebrate benthic organisms than native shrimp, feeding primarily on small crabs, shrimp, bivalves and gastropods (Marte 1980).  In addition to potential predation of P. monodon on native shrimp species, this non-native shrimp may also have an advantage over them in competing for food resources.  Tiger shrimp are also susceptible to a variety of viral diseases and are capable of transmitting them to native shrimp and other crustaceans.  See list of references and maps at: 
 

EPONMYMS
mentor  noun:  A wise and trusted adviser or teacher.  verb tr., intr.: To serve as an adviser or teacher.   After Mentor, the name of young Telemachus's adviser in Homer's Odyssey.  Earliest documented use:  1750.
nestor  noun:  A wise old man.  From Nestor, king of Pylos, who was the oldest and wisest of the Greeks and served as a counselor in the Trojan War.  Earliest documented use:  around 1510.
hector  noun:  A bully or a blusterer.  verb tr., intr.: To bully or to bluster.  After Hector, a Trojan hero in Greek mythology.  The name is derived from Greek hektor (holding fast).  In the mid-1600s the term was applied to hoodlums on London streets.  Earliest documented use:  before 1387. A.Word.A.Day with Anu Garg

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From:  Alan H. Schulman  Subject:  Tartar
Def:  1.  A fierce, uncontrollable person.  2.  One who proves to be unexpectedly formidable. Usually used in the idiom "to catch a tartar".  3.  A hard yellowish deposit that forms on the teeth. 4.  A reddish deposit on the sides of wine casks.  The Tatars (Tartars) haven't disappeared.  They are a minority in Finland, to which they came as part of the Czar's army during the years (1809-1917) when Finland was a Grand Duchy of Russia.  They came from Tatarstan, where they still live.  Our son's nanny as an infant was a member of the Tatar community in Finland.
From:  Rod Shepherd  Subject:  Nestor  In the Washington DC area a nestor is a slow driver purposely taking up a position in the left lane of a highway -- usually driving a few miles below the speed limit.  Heard the term in the mid-1970s.  Coined after John Nestor.  John Nestor was a U.S. Food and Drug Administration medical officer.  In 1972 he had been transferred out of FDA’s cardio-renal-pulmonary unit because that division “had approved no new chemical entities … from 1968 to 1972, an experience that contrasted with the experience of every other medical modern nation and with the experience of other divisions of the FDA.”  He also achieved fame in the Washington, D.C. area in 1984 after The Washington Post published his letter describing his favored driving method:  On highways Nestor would settle his vehicle in the far left lane and set the cruise control at the speed limit, at the time 55 mph.  He would not move to the right for drivers behind him.  "Why," he asked, "should I inconvenience myself for someone who wants to speed?"  Nestor's letter enraged many motorists and led Paul J. Leonard to coin the term 'Nestoring' to describe the practice in another letter to the editor.  http://en.wikipedia.org/wiki/John_Nestor
 
Two things were supposed to happen when the Nasher Sculpture Center opened in Dallas in 2003.  Famous works like Rodin’s “Age of Bronze” and Matisse’s “Madeleine I” were to be bathed in copious sunlight streaming through a glass roof.  And new vigor was to come to the surrounding neighborhood.  The center, designed by Renzo Piano and Peter Walker, was considered so appealing that a 42-story condominium called Museum Tower sprouted across the street.  But the glass skin of the condo tower, still under construction, now reflects so much light that it is threatening artworks in the galleries, burning the plants in the center’s garden and blinding visitors with its glare.  Glare problems, of course, can cut both ways.  In Los Angeles a few years ago, the architect Frank Gehry had to sandblast portions of his stainless-steel-clad Disney Concert Hall because the reflected sunlight was creating problems for residents in a nearby apartment building.   Architecture experts say the owners of Museum Tower could cover its glass facade with a solar shading system that cuts the glare, at potentially considerable expense.  A regulation that set a strict limit on the reflectivity of buildings on the site expired in 2008 and was revised with more lenient restrictions, though the tower’s opponents say the building still exceeds them.  Complicating matters is that the $200 million Museum Tower is owned by the Dallas Police & Fire Pension System, on whose board sit four members of the City Council.  Construction of the tower continues.  And the Nasher had to remove Picasso’s “Nude Man and Woman,” an oil on canvas, to get it out of dangerous direct sunlight.  (The artist James Turrell also insisted that the Nasher shut down his installation “Tending, (Blue)” because its roof aperture was meant to reveal open sky, not a skyscraper.)   http://www.nytimes.com/2012/05/02/arts/design/renzo-pianos-nasher-museum-in-dallas-has-sunburn-problem.html

Fish have gills that they use to breathe air.  They have a streamlined body and fins suitable for
swimming.  They are vertebrates - animals with a backbone.  Lastly, most of them have scales for protection.  Sharks, salmons, stingrays, and sailfish are all examples of fish.  Then, why are whales, jellyfish, and starfish not in the fish family?  Whales are not fish, because they are
mammals - mother whales produce milk to feed their baby.  Jellyfish and starfish are not fish, because they do not have a backbone.  http://klingbeil.weebly.com/uploads/8/5/1/3/8513246/pdfrcomp1328291693_5123813.pdf


ANNAPOLIS - Gov. Martin O'Malley signed legislation May 2 that makes Maryland the first state to ban employers from asking job applicants or workers to hand over log-in information for Facebook and other social media sites.  Congress and California lawmakers have followed suit since the General Assembly passed the measure--the Social Networking Online Privacy Act was recently introduced in the House, and a similar bill was introduced before the California state legislature. Virginia and D.C. lawmakers have not taken up the issue.  The bill signing comes just over a year after the Maryland Department of Public Safety and Correctional Services suspended its own practice of asking officers to provide login information for Facebook or other social media websites they may have used.  http://washingtonexaminer.com/local/maryland-news/2012/05/maryland-bans-employers-asking-facebook-passwords/564481