Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/300435629?client_source=feed&format=rss
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BUTTE, Mont. (AP) ? A Great Falls man who lost his macaw in a divorce more than five years ago has been reunited with the bird, thanks to an observant friend.
Mike Taylor picked up the 25-year-old bird he calls "Love Love" at Montana's Parrot & Exotic Bird Sanctuary in Butte on Sunday.
Taylor said his wife sold the bird after a nasty divorce. "I've been kind of looking for him the whole time," he said.
A friend of Taylor's, Steven Campbell, recently spotted the bird during a visit to the sanctuary.
It took some time for Campbell to convince Taylor. Then Taylor had to convince sanctuary founder Lori McAlexander. But she said he knew things about the bird that only a previous owner could have known, like it was blind in one eye, said "love love" and liked to play peek-a-boo.
The bird was surrendered to the sanctuary a couple of years ago after it bit a woman so hard she required medical attention, McAlexander said.
"I don't even handle him because he will bite me," she said.
Love Love appeared to recognize Taylor right away.
"Hangs upside down already, let me grab his beak, does his peeky-boo, likes to tuck his head," said Taylor, who called the reunion "very heart touching."
"He's himself again already, he really is. I mean, he (didn't) forget."
Taylor also got the bird's original cage back after searching on Craigslist. A woman who obtained the contents of his ex-wife's storage unit agreed to give him the cage back at no charge.
"It's kind of weird how he's getting his bird and the cage," McAlexander said.
Taylor said he initially got the bird at a sanctuary in Salt Lake City after it was rescued from a woman who reportedly beat it with a broom.
Macaws can live up to 50 years, according to the San Diego Zoo.
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Doing business on Ebay is a terrific way to find out how you?ll do with internet marketing. You can avoid spending a lot, or investing a lot of time, and try selling items online there. You can easily begin by selling something you don?t want, or you can go looking around to cheaply buy something. Selling on Ebay is similar to what you would do with a regular online business, so your experience will give you a solid idea about how much you would like it. If you are new to Ebay and making money online, finding success can be difficult. But don?t let that bother you? here are some really good and useful tips that can make things a little bit smoother and help you out.
People like to see what they?re buying, so put a good picture of your product on your Ebay listings. E-bay listings that have pictures are far more likely to lead to sales than listings with no pictures. The photo let?s people feel good about what they?re spending their money on. You know? it?s the expression about a photo is worth more than 1000 words. The affect of the picture in the person?s mind offer more emotional satisfaction than any amount of words can do. It?s important that you perform some research before ever listing your product on Ebay. You?ll search to find any products that are either the same as yours, or similar. You want to look at the Buy Now and starting bid prices for products you find in this research. Pay particular attention to the listings that have the most bids and views. Then study the listings and determine what you can learn from them for your own listing. Then it?s just adapt what you can to improve upon, or create, your listing. This strategy is called market research and intelligence. You?re not copying, but you?re analyzing ideas and approaches and then improving on them. Go to comparing coaches for hire for smart advice.
You should focus on getting lots of positive feedback when you start selling on Ebay. In fact, when you are first starting out, getting positive feedback should matter more to you than making a profit. The amount of positive feedback you have (and the absence of negative feedback) is what people use to decide if you are trustworthy or not. In many cases, someone will buy one item instead of another simply because one of the sellers has a better feedback rating. Sell as many items as possible, and be sure to give the best service you can, and your feedback score will go up. You will find that the amount of money you can make on Ebay will rise along with your feedback score!
If you are looking for an easy way to make money online, there is no better place to start than Ebay. If you are looking for an online business that requires little investment or technical skills to get started, there is no easier one than Ebay. Many people begin selling items from their garage or attic and then go on to create a highly profitable online business.
No matter what your internet marketing goals are, you can start out by selling on Ebay. This is actually how some of the most successful internet marketers began their careers. If you work hard, you could find that you can build an entire business online simply through selling items in Ebay auctions.
Go to my website for up to date guidance now: Why not try here and You Can Try These Out.
Source: http://www.indianewsx.com/ebay-marketing-tips-the-basics/
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Getting going initially in commercial real estate is actually a far simpler task than you might currently think. There are some things that you should learn before moving on a property. This article teaches you helpful advice so that you can make the most out of your experience.
When making the selection of brokers to work with, be sure to find out how much experience they have on the commercial market. Make sure that the agent has the proper expertise with the type of real estate purchase or sale you are looking for. At that point, you might want to consider entering into an exclusive listing with that agent.
Search online for websites that provide information about real estate investments. These general interest websites can provide you with useful information whether you?re new to the world of real estate investment or have made a career out of investing. It is always best to work with as much information as possible, so take the time to absorb everything you can when working with commercial real estate.
The first step is to find the best lender to finance the transaction. There is a big difference between a home loan and a commercial loan. These loans are actually a lot better in a number of ways. Commercial loans general require a large down payment; however, most lenders will allow you to take an additional loan out to cover your down payment.
TIP! Try borrowing some of the tenets of feng shui for use with your properties. Two fundamentals of feng shui are the removal of clutter and having a lot of open space.
Location is key in commercial real estate. What type of neighborhood is the property in? Also, consider local growth projections. You want to make sure that in 5 or 10 years down the road, the area is still a descent and growing area.
Take into consideration the local unemployment levels, average income, and job market before investing in real estate. Property that is located near a large business, a college, or a hospital has better resale value and will often sell easier.
Advertise commercial property both to local and distant buyers. There are a lot of people who make the big mistake who think that only local people want to purchase their property. Many private investors are willing and able to purchase properties outside their immediate community if the price is right.
You have to remember that your investment depends on rent considerations when you negotiate for a lease. Decide in advance the amount of rent you need to charge in order to make an adequate profit. Then you will be well prepared when you have your initial conversation with your prospective tenant. Having this strategy determined upfront will assure you of meeting the benchmarks you established for accrual of your investment.
TIP! When considering an investment, one should consider the possible consequences of economic inflation within the next decade. Many past leases included clauses that allowed for CPI based adjustments, which protect signers from inflationary damage per what happens to Consumer Price Index data.
Use detailed photos to create this documentation. Include all the defects in the photo, such as carpet stains, or holes in the walls.
Before you start looking for a commercial property, decide what your goals are. Do you plan on having your own business on the property or do you plan on leasing it? As you prepare to seek out a new commercial property, you should first set very specific goals and requirements.
When purchasing commercial real estate, you need to have a tight relationship with private lenders and investors. As an example, many commercial properties are often sold before they are listed on the market, so the more people you know, the more access you have to great deals.
TIP! Make sure you know how the firm that you are working with measures their results. For example, it may be useful to know about how required space is calculated, key factors for evaluation and the mechanisms of different methods of negotiation.
As you already no doubt know, smart commercial real estate investing takes time and research. The sole purpose of this guide was to give you information that can grant you success when you invest in commercial real
Source: http://tictracker.com/when-is-the-right-time-to-buy-commercial-real-estate-2/
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Source: http://news.yahoo.com/iran-says-blocks-gmail-based-court-decision-181000959--finance.html
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We had a nice little Twitter fight break out this morning. A man near the top of the soccer?s media food chain suggested Branko Boskovic?s diving header last night might be the best header goal in MLS this year.
Well, it may have been the most important header goal, especially if you back and Black and Red. (His was the game-winner in a 1-0 result over Chivas USA, a result that will go far in pushing United toward the playoffs.)
Here ?tis:
.
.
For me, it?s not even the second-best header goal in MLS this year.
In talking about the top ?goal off the ol? noggin, a case can absolutely be made for Sebastian Miranda?s something special from a step beyond the penalty area back in May. Yes, a header from outside the penalty area.
I?ve seen them before (even saw one years back for the U.S. national team, from Thomas Dooley against Germany). But they usually involve something fluky, like a weird hop, or like Dwayne De Rosario?s header from distance against the Red Bulls, where a goalkeeper is painfully out of position. (That was No. 100 for ?De Ro!? Well done, sir.)
Not Miranda?s. That was a freakin? driven shot. Here ?tis:
.
.
It?s almost a tossup for me, but I?ll go with Darren Mattocks? header for Vancouver against Toronto early in the summer. When I saw Miranda?s goal, I remember thinking, ?That?s a great goal!?
When I saw Mattocks rise up in the air, coming as close to actually levitating as any human I?ve seen since Michael Jordan?s in his pre-underwear salesman days, I remember yelling audibly ?Whoa!?
So, by a small margin, that one has my vote.
Here ?tis:
.
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What is the meaning of This thorny concept was at one time largely taken for granted, as municipalities absorbed landowners real property into projects that were described as for the public good. These projects could include, for example, eminent domain seizure to construct a public parking lot.
We now see municipalities with wildly different philosophies on eminent domain.
For example, some municipalities in Upstate New York have chosen to pass industry-friendly pro-fracking statements that imply the entirety of their population are eager to have their communities changed into ubiquitous out-door factories for the sake of hydro-fracking for natural gas. Some real property owners within the municipalities have protested the secrecy used to pass these statements; many of which are passed at the whim of the town board members and without public input.
Other municipalities that may reside next door to the pro-fracking town boards may pass bans and moratoriums while attempting to gather information on the fracking process that will relate to the effect on human beings and the environment in their communities. Some real property owners say this is an infringement on their right of use of and profiting off their property. The question of property rights and what exactly they include becomes a very important issue when deciding who can do what on their property. It should be noticed however that common sense should help to provide an answer once and for all, namely that to engage in behavior that has the potential of harming our natural environment should be reseached and studied completely before any action is taken.
People who own property and want to gain revenue thereof, should be able to do so, but all property has borders, and on the other side of that border is someone elses property, which could be effected by the changes and conditions produced by the property next to it.
A little discussed matter is whether the environment, in and of itself, has rights. The very mention of this perspective is sensitive. We have ideas that range from the environment as raw material for capitlistic profit to environment as sacred.
As a nation, we seem to have been unable to discuss this matter. Profit sounds great until you find a nuclear facility next door to your home. Without fail we hear that accidents can happen but they have been regulated for. This is a wildly interesting idea. The nature of accidents is that we don't know what they will be.
For example, the Assumption Parish, Louisiana sinkhole caught everyone by surprise, is ongoing, seriously dangerous, and not broadcast to the nation. The sinkhole accident is in the process of unfolding and as of now, nobody knows what it will do. I suspect this would be the time for the good legislators of Louisiana to start legislating.
We need a serious conversation about property rights. Instead, the topic is swept under the rug as corporations and government go about their business of profit and power.
The human beings, probably more closely related to environment than to corporations/government, need to think about their wishes.
For more interesting articles please visit: http://what-renewable-energy.com
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Source: http://newsandsocietyblog-environmentalinfo.blogspot.com/2012/09/property-rights.html
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Source: http://roebuck-alehouse.blogspot.com/2012/09/news-and-society-blog-environmental.html
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One of the stalwart units of astronomy just got a makeover. The International Astronomical Union, the authority on astronomical constants, has voted unanimously to redefine the astronomical unit, the conventional unit of length based on the distance between the Earth and the sun.
"The new definition is much simpler than the old one," says Sergei Klioner of the Technical University of Dresden in Germany, one of a group of scientists who worked decades toward the change, which took effect last month during an IAU meeting
Under the new definition, the astronomical unit (or AU) ? the measurement used for the Earth-sun distance ? is no longer always in flux, depending on the length of a day and other changing factors. It is now a fixed number: 149,597,870,700 meters, which is the equivalent of almost 92.956 million miles.
Klioner explained the simpler definition is helpful, for instance, for scientists who formulate ephemerides ? tables that give the precise position of astronomical objects in the sky. They utilize the astronomical unit to calculate the motion of bodies in the solar system. [Solar System Explained From the Inside Out (Infographic)]
"The broader community of astronomers are able now to better, with less efforts, understand what their colleagues ? astronomers who are experts in planetary ephemerides ? do and how they produce the high-accuracy theories of motion in the solar system," he told SPACE.com by email.
The revision also makes the unit easier for engineers, software designers and students to understand, Klioner and his colleague Nicole Capitaine, of Paris Observatory, noted.
At the same time, the redefinition can serves an epitaph to the bygone era when Earth-bound scientists depended on viewing angles to calculate celestial distances.
An established unit
Lacking precise instrumentation, early astronomers relied heavily on angles to calculate the size of the universe. By studying Mars from two separate points on Earth, 17th-century Italian astronomer Giovanni Cassini was able to use trigonometry to calculate the distance from Earth to the sun with only about a 6 percent error.
"Expressing distances in the astronomical unit allowed astronomers to overcome the difficulty of measuring distances in some physical unit," Capitaine told SPACE.com by email. "Such a practice was useful for many years, because astronomers were not able to make distance measurements in the solar system as precisely as they could measure angles."
Modern instruments can come within a few meters of exactly determining distances of over 150 million meters, or some 93,000 miles.
The astronomical unit eventually came to be defined by a mathematical expression that involved the mass of the sun, the length of a day, and a fixed number known as the Gaussian gravitational constant. Because the Earth orbits its star in an ellipse rather than a circle, the length of a day shifts over the course of a year. At the same time, the sun is constantly transforming mass into energy.
In the 20th century, famed scientist Albert Einstein added general relativity to the mix. According to the famous theory, space-time is relative depending on one's frame of reference.
The new fixed number is the best estimate of the original expression, Klioner said.
"If we would decide to continue with the old definition, we would have to add several additional conventions to make the latter meaningful in the framework of general relativity," he explained. "A better way was to change the definition completely ? and this is what we succeeded in doing."
Capitaine said, "The change of definition of the astronomical unit mainly concerns those in the field of high-accuracy solar system dynamics."
Satellites and other crafts traveling in space are not affected, because they rely on set distances.
"The distance between the Earth and the sun, as any physical distance, should be measured and cannot be fixed by any sort of resolution," Klioner said.
The times, they are a-changing
Capitaine and Klioner are among several scientists who worked over the last two decades on a revision of the astronomical unit. Capitaine said she first got involved when she gave a presentation in 1994 with Bernard Guinot, also of Paris Observatory. Over the course of 10 years, several published papers by various scientists discussed the ramifications of changing the stalwart unit. The three scientists presented the issue to the astronomical community on a number of different occasions.
Other astronomers helped to demonstrate the feasibility of the change before it landed on the table of one of the working groups for the International Astronomical Union. The resolution was reworked several times before it won unanimous passage.
"The change as we have it now is really a product of collective work," Klioner said.
He went on to add, "I think that the energy, commitment, and the worldwide scientific reputation of Nicole Capitaine were crucial for getting this change through."
Shifting from a constantly changing value to a fixed number may seem like an easy choice, but the group faced some resistance. Some believed that the overhaul would be too difficult to implement with crucial software, while others were concerned that discrepancies might be introduced into past work. Still others were uncomfortable changing such a historic definition. Eventually, all concerns were apparently met.
"Within the last two years, I have not heard a single objection for the change itself," Klioner said.
Follow SPACE.com on Twitter?@Spacedotcom. We're also on Facebook?&?Google+.
Copyright 2012 SPACE.com, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Source: http://news.yahoo.com/earth-sun-distance-measurement-redefined-210736036.html
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The computing industry has grown steadily from the early nineties. Traditionally companies like Apple or IBM produced both software (services or programmes) and hardware (products or devices). During the first decade of the new millennium, computing firms have been attempting to sell anything that they can. After building a strong brand, they capitalize on their brand name, selling products or services that were not initially their market. Why? Let?s explore the companies that have ventured into new territories.
Amazon
Amazon, founded in 1994, was initially an online bookstore. It grew to sell almost everything, becoming the world?s largest online retailer, and providing online-based services across the globe. It joined the ranks of Fortune 500 and expanded into European countries. The brand was firmly established as a cheap online bookstore, as an alternative to more expensive high street book stores. Amazon also now sell a variety of other products via their online portal, including food, clothing, media, homewares, and technology. In 2007, Amazon produced their first ebook reader, the Kindle, which became an instant hit selling out in five and a half hours. The Kindle has been now a best seller on Amazon.com and Amazon.co.uk for several consecutive months. They are now set to launch the second version of their tablet PC, Kindle Fire.
Google, the world?s largest online search giant, began in 1998. They provided many web services including search, online advertising, and web analytics. By 2007,Google was planning to produce operating systems for tablets and mobiles, coming in direct competition with other software vendors. They produced their first phone in 2006 and the following year produced the Chromebook, a laptop running Google?s own operating system. Now, many tablets now come equipped with an Android OS. Now, Android poses the only real competition to Apple?s iOS domination in tablets.
Why are companies going everywhere?
The primary motive of course is revenue maximization; however, there are other underlying reasons. Firstly, in the technology industry there is a great deal of collaboration, which makes it easier to diversify. For example, HTC and Samsung helped Google produce Nexus. Google also acquired Motorola to smooth their transition into the mobile market. There is plenty of cooperation among competitors ? Apple?s iPhone, a direct competitor to Google?s Nexus, uses a fully integrated Google Maps. Secondly, companies are moving into related industries in order to increase the sales of their core product. Amazon.com is complementing their core product ? books ? by selling the Kindle ebook reader. At present, five years after the first Kindle, Amazon ebook sales have surpassed print editions in the USA.
Conclusion
The computer industry is witnessing integration at individual company level to increase customer satisfaction. Apple was the first firm to provide a holistic package by offering products (iPhone and iMac) as well as services (iTunes and Macintosh OS). The success of this model was indisputable which encouraged other companies to imitate. As this model settles in and is adopted industry-wide new innovative models will spring up whose success will be based on the capability of the business strategy to translate their tactics into tangible financial results.?
As it becomes more and more commonplace for a person to find themselves short of cash many of us are ...
CLICK TO READ MOREWith all the computer manufacturers there are, do you ever wonder which of them is the best? If you are ...
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James is the owner of WindowsTalk.org and has been a Microsoft Windows Consumer MVP since 2003.
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by Melissa on September 22, 2012
fabuLESS tip: For ANY and ALL video game consoles, iPods/iTouch/iPad, and other electronic hand held devices, you?re going to want to wait to buy these items until close to or on Black Friday (don?t worry, the best deals will be posted here? and all of them will be available ONLINE!)
Items that are price protected will almost NEVER have a straight price deduction? but they will have a gift card/credit bonus or a bundle deal (i.e. buy this console and get $100 in Amazon Credit or buy this and get a free carrying case and 2 games)
But again, you will NOT find deals on these until much closer to the holidays!
?
Welcome to Live FabuLESS! If you're new here, you may want to subscribe for free updates via RSS or email. To get up to the minute updates, be sure to follow the fabuLESSness on Facebook HERE and follow me on Twitter HERE Thanks for visiting-- and stay fabuLESS!eric holder eric holder carole king crystal renn matilda cab calloway melissa gilbert
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NEW YORK (AP) ? It was like a death in the family for Brooklyn baseball fans when their beloved Dodgers left the borough behind in 1957 for the California coast.
Times were grim for Brooklyn back then. Residents were leaving en masse for the suburbs. Crime was on the rise. And there was little hope that the borough's plight would improve.
"When the Dodgers left, it was another punch in the face to the fact that Brooklyn's best days may not be ahead, but may have been behind us," said Brooklyn Borough President Marty Markowitz, who was 12 years old at the time. "It was depressing."
After decades without a professional sports team, New York City's ascendant borough hit the major leagues again on Friday with the opening of the Brooklyn Nets' new arena. The state-of-the-art, 18,000-seat arena will be officially christened Sept. 28 with a rap concert by Nets co-owner and native Brooklynite Jay-Z.
Supporters cheered Friday as the lights were turned on during a ribbon-cutting ceremony.
"This is going to send a loud and clear message that Brooklyn has arrived as a center of exciting entertainment, thrilling big time sports and thriving commerce," New York City Mayor Michael Bloomberg told the crowd.
Developer Bruce Ratner said he was glad the arena is finally open after its completion was delayed by multiple lawsuits and by the economic downturn. Both men said the project has already created more than 1,500 jobs.
The austere-looking arena is ringed by steeply raked black seats and bright digital banners. The polished, herringbone-patterned wood floor displays the Nets' new black-and-white logo, designed by Jay-Z, in the middle.
Just as the Dodgers' departure was a harbinger of difficult times ahead, the opening of the Barclays Center is a symbol of Brooklyn's astonishing rise in recent years as a sought-after destination for people from all over the globe.
Basketball is now the sport du jour here, not baseball. And in a stroke of irony, the new stadium was built directly across the street from the spot where Dodgers President Walter O'Malley wanted to erect a new ballpark to replace Ebbets Field, the team's home that was later demolished.
"When they left, that's when I washed my hands of baseball," said 72-year-old Fred Wilken, who was so distraught by the loss of his hometown team that he stopped watching sports altogether. "For years we supported them, we came down here. And then all of a sudden they decide to leave."
The Dodgers were the golden thread that tied Brooklyn together in those days. The fabric of the team was woven into the neighborhood.
About two miles from the new Nets' Arena, the hallowed ground where Ebbets Field once stood is now a massive brick apartment building in a neighborhood of Caribbean immigrants.
"We still haven't gotten over it," admitted Ron Schweiger, Brooklyn's official borough historian, whose basement is stuffed with Dodgers memorabilia. "I tend to think they never moved. They're on an extended road trip."
Why O'Malley moved the team from Brooklyn to Los Angeles after the 1957 season was, at its core, a question of dollars and cents. O'Malley wanted the city to help subsidize the new stadium, and the city refused. Fast-forward to the present: the $1 billion Barclays Center has received millions in public money.
With its deliberately rusted steel exterior, the new arena looks like a spaceship that cruised in for a landing in Brooklyn's busiest transportation and shopping hub. There are chain stores galore. A Modell's sporting apparel store across the street is stocked with racks full of team apparel emblazoned with the new logo designed by Jay-Z himself. Rivalry-stirring T-shirts proclaim: "New York Divided."
See-through paneling is put to careful use throughout the structure, allowing pedestrians outside of the building to see in to the team's practice court and to view both fans and the scoreboard ? although not the court itself ? during games. Those willing to pay a premium for close-up seats will also be allowed into a lounge before the games that offers a view on players entering the locker rooms.
Gregg Pasquarelli, an architect on the project, said that a primary goal of the design had been to integrate the large structure with the surrounding community by encouraging passers-by to peer inside the building, go shopping in its storefronts and relax in its large outdoor plaza.
It's a message of welcome that's not reciprocated by all. Protesters handed out fliers outside the arena on Friday, criticizing officials for their use of eminent domain and questioning whether all the promised jobs and affordable housing units originally slated to accompany the development would materialize. Community opposition and litigation have plagued the project for nearly a decade, since the project was first announced in 2003.
The city is banking on Brooklynites' deep-rooted sense of borough pride to win over new fans. And the championship-hungry Nets are hoping their new Brooklyn home will turn the tide for a franchise that has been largely overshadowed by the New York Knicks.
But gone are the days when sports allegiances were dictated by geography alone. Brooklyn is a tight-knit borough no more: It is a deeply diverse community of many nationalities and income brackets.
Large swaths of Brooklyn are actually starting to look a whole lot like Manhattan. The borough of about 2.5 million residents draws its own share of tourists who want to stroll down Brooklyn Heights' charming brownstone-lined streets or shop in Williamsburg's chic boutiques.
Celebrities live in Brooklyn now. It is home to fashionable hipsters and upscale beer gardens and well-heeled mothers pushing expensive baby strollers down the street. Brooklyn is no longer just a place to live ? it's a place to visit.
"Brooklyn had an image as the underdog upstarts, which the Dodgers exemplified," said Henry Fetter, author of "Taking on the Yankees: Winning and Losing in the Business of Baseball." ''I think Brooklyn no longer has that image. And the Nets don't necessarily exemplify that."
At the end of the day, as the wins pile up, the fans will follow. A new generation of Brooklyn children will grow up with the Nets, just as their grandparents and great-grandparents grew up with the Dodgers. But fans are a more fickle species nowadays.
A group of young men shooting hoops across the street from Ebbets Field Apartments vowed to remain loyal to the Knicks, despite being born and raised in Brooklyn.
"If they had Dwight Howard, they would've been the team of New York," said 23-year-old Mario Volcin. "They would've been the best team of New York. The Nets don't really have enough pieces."
In a winner-take-all kind of town, being second-best just doesn't cut it. And as any Dodgers fan would tell you, old loyalties die hard. But even the old-timers are willing to give this new team a chance.
"I can't see this as atonement. Too many years have gone by for that," said Schweiger, the historian. "But I definitely intend to go to a bunch of the games. In fact, I already have a Brooklyn Nets T-shirt."
___
Associated Press writer Samantha Gross contributed to this report.
Source: http://news.yahoo.com/decades-later-brooklyn-own-pro-team-again-063527269.html
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This obviously creates a dilemma for credit counselors who are asked by consumers what impact entering a Debt Management Plan (DMP) might have on their credit reports.? There is no attempt by the credit counseling organization to ?repair? the consumer?s credit history yet, the 1st Circuit ruling introduces caution in responding to this question.? On the other hand, consumers should be aware of the process.
When a creditor reports to a credit bureau that one of their customers has entered a DMP, the bureau codes the consumer?s credit report accordingly.? There is no impact on the consumer?s credit score strictly from the act of joining a DMP.? However, it may well be that the consumer?s credit behavior that led to them needing DMP assistance could have impacted the score anyway.
Creditors generally do not view the fact that a consumer is on a DMP as negative.? Rather it is usually seen as an attempt to honor their obligations and is certainly seen as more positive than personal bankruptcy.? Further, the education that is received as part of a DMP, along with the counseling, is intended to rehabilitate and produce a more credit-worthy consumer in the future.? Creditors may also see this as positive.
David C. Jones, Ph.D.
AICCCA President
Source: http://aiccca.blogspot.com/2012/09/what-happens-to-consumers-credit-report.html
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If you thought the new iPad clock app in iOS 6 looked a little familiar, you're not alone. The design is a near-exact replica of the iconic Swiss railway clock designed in 1955 by Hans Hilfiker and since licensed for use in Mondaine watches. Not surprisingly, both Swiss railway operator SBB and the Mondaine Group have also noticed the striking similarity, and they say they're now looking at ways to remedy the situation with Apple. For its part, an SBB spokesperson tells Reuters that "SBB isn't hurt, but proud that his icon of watch design is being used by a globally active and successful business," while Mondaine co-owner Andre Bernheim notes that "the app is pretty much identical to our Mondaine watch," and adds that these "three companies together -- Apple, SBB and Mondaine -- can together achieve something positive. We'll see how this all ends up." Apple has yet to offer a comment on the matter. Jump past the break to compare the two for yourself.
Filed under: Tablets, Software
Swiss railway says it's 'proud' Apple is using its iconic clock design, still wants to get paid originally appeared on Engadget on Fri, 21 Sep 2012 11:05:00 EDT. Please see our terms for use of feeds.
Permalink |Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/VKYhOdgk7IQ/
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While it goes without saying YouTube is the big boy in the online video world, it is also true more and more niche specific video websites are being created by the week. If you are considering starting such a site, let?s take a look at the legal issues associated with starting a video sharing website.
DMCA
Perhaps the biggest issue a video sharing website owner is going to deal with repeatedly is the DMCA. DMCA stands for Digital Millennium Copyright Act. As the name suggests, this is a law passed by the federal government of the United States to address copyright issues in an online world.
A ?copyright? is the right of the owner of a work to copy and distribute the work. For example, J.K. Rowling wrote the Harry Potter books. She automatically was given the copyright to those books. If somebody wanted to copy and distribute the books or to write a film based on those books, they had to negotiate a license with Rowling.
The DMCA involves three parties online. The first party is the copyright owner. The second party is the person who posts a copyrighted work on the site without permission from the copyright owner. The third party is the site on which the post is made. There is a good deal of controversy regarding how the DMCA applies to the first two parties. As a site owner, however, you should thank the heavens for this law.
The Digital Millennium Copyright Act is a boon to the owners of video sharing websites. Why? The law provides site owners with a ?safe harbor? from prosecution for copyright infringement so long as the site adheres to certain procedures. These procedures include designating an agent to receive complaints from copyright holders; steps to take when complaints come in; what must be communicated to the parties and other incidentals beyond the scope of this article. The key thing to understand, however, is so long as these procedures are followed, the website cannot be sued for monetary damages.
This concept is very important because video sharing websites run into copyright claims constantly. People upload videos containing material infringing on the copyright of others constantly. For example, a person might upload a video and include a song they like as the soundtrack for it. If they do not obtain consent to use the music, they are infringing on the copyright.
I cannot emphasize enough how important it is to comply with the DMCA. This is your get out of jail card as a video sharing website owner. Comply with the Act and you will not get sued. Fail to comply and you will be buried under an avalanche of websites.
Terms of Use
You also need Terms of Use for a video sharing website. Most website owners don?t really understand the purpose of the Terms of Use. Also called terms and conditions, this document acts as a legal contract between you and visitors who use your site. The beauty of this contract is you get to set all the terms.
The truth is when most webmasters or site owners look at Terms of Use; they simply see a bunch of boilerplate language they don?t really understand. This is unfortunate because each of the clauses serves a very important purpose. Let?s look at a few to give you a feel for the value of a properly constructed Terms of Use for a site.
If you require visitors to sign up to view or post videos, you must include a COPPA statement in the terms. COPPA stands for the Child Online Privacy Protection Act. This law requires a host of measures be taken if children under the age of 13 are allowed onto the site. One generally wants to avoid catering to kids under the age of 13. The COPPA rules are very burdensome and kids under 13 do not have money to spend. Regardless, a video sharing site usually needs to include a statement in the Terms making it clear the site is not intended for kids under 13.
A ?jurisdiction clause? is also critical. What is a jurisdiction clause? States and countries have their own set of laws. A jurisdiction clause details what laws will be used in a dispute and where the dispute must be heard geographically. Let?s look at an example.
Assume I start my video sharing website in San Diego, California. A person in Pennsylvania sees their name mentioned in the video and threatens to sue me for slander. If I include a jurisdiction clause in my Terms of Use containing language requiring all disputes to use California law and be heard in San Diego, it is likely the person in Pennsylvania will be required to sue me in San Diego. Give the cost and inconvenience involved in traveling and staying in San Diego, the person may just abandon the complaint.
The Terms of Use for video sharing website typically have 15 to 20 clauses designed to limit the potential liability of the site owner. Video sites are ripe for legal action, so make sure your terms are customized to your site and up to date with recent legal rulings.
Privacy Policy
As with most websites these days, a video website must contain a detailed privacy policy. The privacy policies set out essentially what data is captured from visitors, how it is used, and how visitors can opt out of having it used in the particular manner indicated in the policy. This is a gross oversimplification of how a privacy policy works. The larger point to take away from this is you need one for your site under the law these days.
In Closing
If you are considering starting a video sharing website, please keep in mind the above discussion covers only a select number of legal topics related to the site. Video sites tend to be a target for lawyers, so make sure you retain counsel and have all your ducks in order when the site goes live.
While nobody can guarantee you won?t run into legal issues, your goal should be to minimize the risk as much as possible at the outset. Feel free to contact me today for free consultation.
Richard A. Chapo, Esq.
Related posts:
Source: http://www.socalinternetlawyer.com/legal-issues-starting-video-sharing-website/
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Source: http://the-gadgeteer.com/2012/09/20/cygnett-glam-red-case-for-ipad-review/
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