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#but since this was a matter of copyright issues they might have to reject works with the old design to avoid litigation
gamebunny-advance · 2 years
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Huh...
Gloomy Graveyard changed a lot more than I thought it would.
That said, let's go over my checklist to see how right/wrong I was:
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Hair/Tail Change: Kinda. It definitely changed, but not in the way I thought it would. It's still very sharp, but we did lose the ahoge, and it's still long and flowing, so I'm more right than wrong on this one.
Horns change: Yep. I wasn't expecting quad horns, but they're cool.
Slight palette swap: Kinda. Again, it did change, but not in the direction I thought it would: I thought it would be more purple, not more teal/cyan. The fur did technically get darker since it's a gradient from light to dark now, but I anticipated that with lighter clothing, so I can only give it a half-pass. I appreciate the new pops of color with the roses though.
Change the flower: Kinda. I did predict a color swapped rose, but it wasn't my first choice.
Change the brooch shape: Nope. It got removed entirely, but the cross motif was kept. Ya know, considering how the game "tries" to be non-secular, I'm surprised that all this cross imagery made it through not only the first design, but it is now more prominent in this second pass. That has some weird implications for the Goatlings lore, I'll just put it that way.
Remove chains: Nope. The chains were kept as a motif, they were just moved to the collar rather than wrapped around the legs.
Change the type of hat: Nope. We completely lost the hat.
"I don't see the outfit changing that much": It changed a lot more than I thought it would. We still technically have a lot of the same pieces: we still have a capelet, torn-up translucent fabric, frills, and it still has vaguely Victorian vibes. However, we lost the "gloves," the bouquet, the pants, and most surprisingly, we lost the shovel.
I really thought that no matter how the design changed, the goat would have still been a gravedigger. I mean, the whole theme around pairing Ribbon Mummy with Gloomy Graveyard was Undertaker vs. the Undead, right? But now we've got the Undead vs…. a Necrophiliac and/or Widower? I'm not against it necessarily, I'm sure it's supposed to have Corpse Bride vibes, but I still think that's a pretty bold move. I guess the graveyard motif was more important than the gravedigger part, and the original rose motif just lent itself to more romantic vibes. I dunno, I can only speculate on the thought process that got us here, but it really wasn't the direction I was expecting.
Total score: 3/8
I got a lot of guesses half right, but I basically got just as many totally wrong, so I got a failing score ;3;
Overall, I really like the new one! r00p always does great work for the site, and like most of their designs, this one is gorgeous, but it undeniably has different vibes from the original. Are they better vibes? Maybe. I dunno how to put this in a non-cringe way, but Groom really has that "gothic sad boi" energy that makes some people go wild. I am not some people, but I appreciate him nonetheless. He's filling a niche that we haven't really had since Melancholy Poet and Memento Mori, and I think a lot of people are really gonna vibe with him than not.
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aiimaginesbts · 5 years
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What You Never Had: Chapter 14 (Final)
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Seokjin x Reader (ft. Jimin, Taehyung and Namjoon)
Genres: Royalty AU, angst
Word count: 3,197 words
Chapter 1 | 2 | 3 | 4 | 5 (M) | 6 | 7 | 8 | 9 | 10 | 11 | 12 (M) | 13 | 14 (Final)
A/N: Sorry for the really long delay! Work has been at the forefront for many months now, up to the point my health deteriorated. Hopefully I can write more frequently until the end of this series, at least!
Also, thanks Ann @godsavemefrombts for beta-ing this!
Disclaimer/Copyright
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“Are you sure about this?”
Instead of answering him, you rushed forward, not even bothering to give him the withered look you shot him the first time he asked you that question at the inn. Jin knew full well that you wouldn’t have dragged him out in this foreign country where you could barely make your way through without getting lost if you weren’t sure beyond a doubt. But you supposed that he had more than enough reasons to worry. Even though the crowd was dwindling as the moon replaced the sun, getting lost or separated from your Royal Guard was the least of your worries. You could get caught, and get your entire party into trouble. Worst yet, you could have been wrong, and this trip would have been for naught. Ki Joon had to be there, otherwise you might not be able to save all those innocent people from being sold to slavery.
Spirits renewed by the reminder of the people you were fighting to protect, your steps hastened towards the main square. Jin, who had pointed out the general direction to you earlier, kept up with your pace effortlessly. The lights that illuminated the square spilled out into the darker alleyway you were coming from before the place itself came into view. As you stood at the edge of the square, you tried your best to peer into the narrow paths between the buildings without appearing conspicuous.
“Do you see him anywhere?” A shadow fell over you as Jin stood next to you, slightly in front of you to shield you from strangers’ view.
“Uhm,” was your unconvincing response as you continued to peel away every nook and cranny that your eyes could reach. Even though the lanterns put most of the square into view, the light didn’t extend far into the alleyways. The man you thought you’d seen in the daylight was obscured now, hidden in the shadows of the night. Still, you’d risked both Jin’s and your safety to come out here, so there was nothing to do but to take another step forward. If Ki Joon had remained in the same spot you saw him in earlier, he couldn’t be too far down the alley, but you couldn’t remember which one he was in, and he wasn’t in the first two that you checked. It was hard to ignore the frustration and concentrate through your hazy memories of the afternoon. Your glimpse of Ki Joon had been fleeting, and you were starting to question if you’d really seen him after all.
Luckily, the third time was the charm. As you’d thought, the light from the square still extended far enough into the narrow path to touch the man you’d been looking for, if only barely. Like the other beggars you and Jin had passed by, the man, already sitting on the dirty ground, stared at it, shielding his face from view. But you already knew who he was, and you weren’t about to waste precious time. Cutting to the chase, you squatted down next to him and whispered, “What are you doing here, Ki Joon?”
His head snapped up in surprise upon hearing his name in a place far away from home. At first his shaggy brows met in a frown, then lifted in surprise as he matched you and Jin with his memories. You could see the recognition dawn on him, and when he turned his gaze away shamefully, your already pained heart squeezed in agony. For all the pain you felt when you looked at the state he was in now, you knew it must have been indescribably more torturous for him. But he couldn’t run away as you were sure he wanted to; not with the stump where his right leg had been.
It was just as you’d feared. No, actually, it was worse than you could have imagined. You’d expected Ki Joon to be taken by those people he owed money to, but you didn’t think that he would be left in such a horrible state. Just in this small space, you could see many others who were in the same situation. Disfigured, with nothing to their name, lurking shamefully in the shadows and forced to beg for money that would undoubtedly go into their captor's pocket. It made your blood boil, heating up your resolve. However, Ki Joon was reluctant to reveal any information on the people who held power over him, and it left you frustrated with no idea on how to persuade him. He had nothing else to lose. He had already lost everything he’d had, and he wasn’t willing to help you and risk parting with his only remaining possession; his life. You bit your lower lip, wondering what to do, when Jin crouched down beside you. The warmth of his palm on your arm reassured you that he would solve this.
Sure enough, less than an hour later, you and Jin were rushing back to the inn. The location of the pirates’ hideout was traded with the solemn promise that Ki Joon’s involvement would remain an absolute secret. It was too late for him, and his sisters were probably beyond saving as well, as chances that they were already sold to a foreign country was high. Yet Jin knew just the right buttons to push, reminding Ki Joon of the lives he could save, innocent women and men that didn’t have to end up the way his family did. Shaking your head to yourself, you wondered if you could have gotten the information out of him, even if you’d known his family background. Jin’s persuasive powers impressed you, but you had other things to worry about.
“How are you going to explain your source of information?” Jin asked, his long strides letting him keep up with your brisk pace.
It wasn’t a difficult question. Just tweak or omit some of the truth to conceal your relationship with Jin. You’d done this before, and it worked like a charm. Still, a frown twisted your face upon hearing it. Before this, keeping this secret made you nervous, but still the thrill and your love for Jin made you excited. Not that your passion for him had dimmed any, but continuing to keep your feelings for him a secret from your family now felt like sticking a dull knife into your stomach. The secret was out ⁠— to one of your brothers, anyway ⁠— and this wasn't a game you were playing for fun. This was reality. And Jimin’s disapproval was more painful than you could ever have imagined. The weight of your emotions threatened to crush you, but once again you pushed it away. There was no time to dwell on your personal issues.
“Y/n?” Jin’s tap on your shoulder was soft, full of worry, but it was enough to make you jump in surprise and out of your internal war with yourself.
“Let’s just say you found out from your own investigation. Is that alright with you?” You hated yourself for continuing with this charade, but what else could you do?
“I suppose that’s the best solution,” he mumbled thoughtfully, probably working out the details in his head. Unlike you, Jin had more of a grasp on reality. After all, that was the reason he was so reluctant to admit his feelings for you when he found out you were a princess. However, you managed to convince him it didn’t matter. If he found out that you were having second thoughts about it now, how much would it hurt him?
Upon learning what Jin had unearthed, Namjoon quickly called the other princes to his room. You left the door to your room open, stayed on alert and took the opportunity to join in once they gathered, since you’d separated from Jin after you got back to the inn make it seem like he’d ventured out alone. Most of what Jin relayed to the princes were the truth ⁠— taking the initiative by going out himself, he discovered a familiar face, and extracted the location of the hideout from one of the pirates’ many victims. It was a warehouse close to the wharf.
“All ready to make their getaway,” Namjoon almost spit out angrily.
“But the cramped location will make it easy for us to trap them, even with our limited numbers,” Prince Taehyung pointed out. Wasting no time, a heated discussion on capturing the criminals ensued, regardless of the growing darkness of the night. You listened closely, feeling anxious and helpless in the face of tactics that you were unfamiliar with. Yet you didn't want to move even the slightest bit, afraid that you would be chased away before you could find the perfect timing to have your say.
In the end, they were already wrapping up when you got the chance to say anything. Namjoon had called for two of his men to verify the pirates' hideout, and you finally found your voice. "I want to go too."
"No." Your eldest brother's rejection was quick, decisive, and expected. A quick look at Crown Prince Taehyung immediately told you not to depend on his support either; he was purposefully avoiding your gaze, clearly agreeing with Namjoon even though it seemed like he felt bad about it.
You knew that you wouldn't be allowed to come. The past few hours made it obvious that you were out of your depth. Not only would you be unable to provide any assistance, you would probably just be a hindrance to them. It would be dangerous, and you could hardly fight under those conditions. Still, you couldn't help but feel deflated as the men strode out of the room, until Jimin laid a comforting hand on your shoulder.
"Don't get yourself down. You've been plenty of help already tonight," he said softly, then swiftly left before you could respond. It took a few moments for his words to sink in. What did he mean by helping tonight? Did he see you leaving with Jin to look for Ki Joon? Grabbing your skirts into your fists, you tried to calm yourself and figure out what this meant for you and Jin. Clearly Jimin knew that you had something to do with Jin discovering the coveted location; there was no other explanation for it. However, he had chosen to stay quiet on the matter instead of revealing you to your eldest brother.
Did Jimin approve of your relationship with Jin then? Not that you'd ever explicitly told him that your ties with Jin ran any deeper than that between a princess and her guard, but he knew something was up, and he didn't seem to like it, even just now. In any case, Jimin had decided to keep it to himself, for now at least, and that gave you a tiny bit of relief. That, coupled with your exhaustion from the journey, allowed your body to succumb to a few hours of sleep.
Detailed planning and relaying orders could only be done in the late morning, after the men Namjoon sent out returned with confirmation that the warehouse were full of goods and people, both criminals and victims not far from being sold off as slaves. Still, all things considered, making their move when the sun had set was extremely quick, thanks to all the arrangements the princes had thought out before even coming into the country.
The emotions going through you as you saw your brothers, Jin and Crown Prince Taehyung off with a small group of men was familiar, yet more intense than before. It was painful to be closer to their fighting grounds than ever before, but remain completely useless. This time, with Jin leaving with them, you had more people to worry about too. More to lose. Left with Ji Eun and two guards, you remained awake that night. At first you'd expected — hoped, more like — that long wait would bore or tire you enough to sleep, but your heartbeat only got more intense with each tick of the hand of the clock on the wall. You could feel the tiredness, the weariness of your eyes, but you kept staring at it anyway. There was no helping it.
The man that Namjoon sent to scout the warehouse returned first, as light had started to diffuse into the inky night. You were grateful to the Crown Prince, who'd clearly sent the man at the earliest opportunity to assure you that they were all right. Indeed, he rushed to the inn with good news. Your group's small and hushed arrival delayed the news from reaching the criminals, and thankfully the princes' prompt action caught them by surprise. No one was convinced that everyone involved had been apprehended, but with the shipping date being so close, the warehouse had been extremely busy. You only hoped that the leaders were among the large number of people who were caught.
"It will be a while before they return. The local authorities were arriving just before I came here," Namjoon's messenger informed you.
Recently awoken Ji Eun sighed from the seat next to yours. "This is a mess."
"We knew this would happen," you reminded her with a small smile. This really was the best case scenario you could have hoped for. Of course, once the pirates' activities had been brought to light, it would be impossible for any of you to hide your presence in this country, whether your country was on good terms with it or not. The most pressing concern now was to ensure that the nobility that had been involved with the criminals to fill their pockets would be exposed and have no influence over the subsequent investigations and trials. However, it was mostly out of your brothers' and Crown Prince Taehyung's hands now. All you could do was hope that the criminals would be dealt with and given proper punishment.
It felt like this day had gone on forever. No, not this day. Not even this week. Your emotions had been stretched out for so long that even the physical effort to make your first journey into a hostile country didn't feel half as taxing. But it all finally came together. At least most of it. You were still unsure about the direction that you and Jin were heading towards, now that Jimin was aware of your relationship, but your brother's silence was all that you could ask for at the moment. It wasn't perfect, nowhere near it, but you were content for now.
You didn't hold back on your joy at seeing the princes back after their long absence, sorting things out with the authorities of the city and the country, no doubt. Your brothers hugged you without reservation, and in that elated moment you could forget the tension between you and Jimin. All you could give Jin was a happy smile in the presence of the others, but that was enough, especially considering your guilt towards him stemming from keeping the fact that Jimin had seen you leaving his room from him.
Dealing with the mess that had accumulated; with the pirates' illegal activities, the people with influence colluding with them, helping the victims, as well as you and your brothers' unauthorised entry into the country took most of the month, but it passed by like a whirlwind. It was tiresome, but the fact that none of you were held hostage was a miracle in itself. You supposed you had Prince Taehyung to thank for that. While Amaryll and Zinnis were quite hostile with each other, it wouldn’t do them any favours to be at odds with Delphina. The journey home was relaxed, more enjoyable, as you had the freedom to move about and not stay confined within the carriage all the time.
Little did you know that you were already late in your return to Amaryll.
Three days after crossing the border, Prince Taehyung’s group and yours split to head towards your respective destinations; you and your brothers back to the capital while Prince Taehyung continued north towards his home in Delphina. At the end of the long week, the sight of the castle lifted your spirits. You couldn’t wait to lay down on a bed — your own bed — once again. The issue with Jimin and Jin seemed less significant now, and you were more than ready to put it on the shelf for the moment while you recuperated from the arduous journey.
However, no cheerful smiles welcomed you home. The solemn men that greeted you upon your arrival made the air heavy with tension. That same tension intensified when one of them relayed orders to meet the King even though your feet had hardly touched the ground. Namjoon and Jimin alighted from their horses and joined you by the carriage, both as equally flummoxed by the urgent summons as you were. “Ji Eun, please see to it that my belongings are brought to my chambers,” you instructed her quietly, hardly registering her silent nod before heading towards your father’s study with the princes.
Your presence was announced, and you were admitted inside without delay. The King sat behind his desk with an expression that spoke wordlessly of seriousness, tinged with sadness. It reassured your worry of being summoned to be scolded by some unknown mistake that you’d done. At the same time, it gave rise to new concern regarding the matter that had to be conveyed immediately upon your arrival. Your brothers’ postures were stiff, probably wondering the same thing you were. None of you were kept waiting for long.
“You did well in your mission to capture the pirates,” your father began, confirming that you were not in any trouble for the way you handled the problem. “I regret summoning you without allowing you any time to rest, but I have urgent news must be addressed at once.” All three of his children nodded as one, steeling yourself for it. It was clear that whatever the King was going to tell you, it was not going to be pleasant. He took a deep breath and paused, as if gathering the will to say his next words. “Zinnis has declared war against us.”
It took a moment for you to digest the news. You frowned, then clenched your fists in anger.
“I suppose it would have been foolish to expect them to be grateful for our recent assistance.” Namjoon, on the other hand, took it more calmly than you did. Almost as if he’d expected Zinnis to do exactly this, despite the role the three of you had just played in capturing the criminals nesting in their port.
“Quite,” your father agreed. “Well, it is not as if we have not been preparing for this. The timing is a little unfortunate, but we will simply have to rush things a bit. That is why I have called you here as well, y/n.” His gaze settled upon you, and your body tensed in anticipation. Your heart beat faster even as it grew heavier, as if your instinct was warning you before you even heard what he’d had to say.
“You are to marry Crown Prince Taehyung.”
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Continued in Part Two: Of Two Hearts
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duhragonball · 6 years
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[FIC] Luffa: The Legendary Super Saiyan (98/?)
Disclaimer: This story features characters and concepts based on Dragon Ball, which is a trademark of Bird Studio/Shueisha and Toei Animation.   This is an unauthorized work, and no profit is being made on this work by me. This story is copyright of me. Download if you like, but please don’t archive it without my permission. Don’t be shy.
Continuity Note: About 1000 years before the events of Dragon Ball Z.
Previous chapters conveniently available here.
From: [email protected] (encryption engaged) (proxy transmission #6 engaged)
Dear Dr. Shunga,
[Note: Add some sort of greeting here.   It’s weird to just open the message cold.   Maybe he wouldn’t mind, but I would. -Zatte]
I get angry at my wife sometimes.  That's only natural.  Sometimes I worry that I take that for granted, and get angry with her when I shouldn't.  
I mean, she can be a real slob.  She keeps the kitchen and dining areas clean enough, but she treats the rest of the ship like one giant clothes hamper.  The service robot handles most of that, but it's still disgraceful.
And she's really moody.  Sometimes it's like she just doesn't want to open up, even when we're all alone.  She growls a lot.  She always says it's because of things she smells in the air, things that I can't smell.  I think it's just an excuse to be grouchy.
And... she kind of cheated on me.  I blame myself, really; I should have paid more attention to the situation.  She needed me and I wasn't available to her because I was so focused in that damn murder investigation.  It's not like she had sex with him, so there's mitigating circumstances, right?  Stuff I tell myself to help me forgive her.  But she still did it, and I can't pretend it doesn't bother me.  
I try not to deny those feelings.  They keep me grounded, because I always get starstruck when I'm around her.  I have to remind myself that she's not a goddess or an angel or anything like that.  But I do believe she's a miracle, and that's hard to fit into a marriage.  So it helps to remember that my beloved miracle leaves her dirty socks in the engine room for no good reason.  It's important to consider that the woman I'd die for has betrayed me.
I don't have a lot of friends, not since the colony fell.  I'm too wrapped up in Luffa's world to bother socializing.  I feel like a one-woman cult sometimes.  But it's not wrong.   My people believe that there are focal points in the universe where history is changed for the better.  We have a word for them: xan-nil'Dor, and a sacred duty to find and cultivate them in whatever form they appear.   The Dorlun race has been doing this for millennia.  It only seems creepy because I'm the only Dorlun around lately. It only seems cultish because my xan-nil'Dor is five-foot-three and adorable.
I've suffered for her.  The colony fell and we fought to the bitter end, each of us thinking the other was dead.  I was captured by demons who forced me to stalk her and corrupt her.  I fought against her enemies and wore my wounds like badges of honor.  We used to share in a mental communion that was so beautiful, but she had to put a stop to it because the intimacy of it was too intense.  I feel like a moth circling a flame sometimes.  If I stay with her, I'll be destroyed.
I'll take that chance.  Risk.  Among my people, "risk" is a dirty word.  Luffa whispers it into my ear sometimes because she knows it drives me wild.  I'm not like the other Dorluns.  I don't want to die--don't get me wrong--but I'm more aggressive about it.  Hiding isn't my style.  I'd rather face a threat head-on, or at least prepare to face it head-on.  I think that's what Luffa likes about me.  It's not quite the same as Saiyan battle-lust, but it's close enough, I guess.
She's been training me ever since we got together.  I mean, she was training me before that.  Back on the colony she did combat exercises with the Dorlun militia, but now the militia is down to just me, and the lessons are more intense.  Early on, Luffa singled me out as the strongest Dorlun in the colony, and she took an interest in seeing how much stronger I could get.  Once we were married, she took that project even more personally.  I'm nothing compared to a Saiyan, but she's always told me that isn't the point.  It's a matter of pride.  She wants me to be the best I can be, for my sake and for hers.  It's tough to live up to that, but it's inspiring too.  Like I'm a piece of raw iron she's forging into a great sword.
Maybe I romanticize this stuff too much.  I think of Luffa like this mythical heroine who does all these wonderful things, so whenever she blows off laundry I make end up making excuses for her.  We don't always get along, but when we do it's like nothing I've ever felt before.  She's like a living inferno, and I want to dive in and burn for her.    The weird thing is, Luffa thinks I can be cold towards her.  I shouldn't be surprised, given how passionate Saiyans are, but I'm pretty sure most Dorluns would be embarrassed to see how I carry on around her.  Or maybe they wouldn't, and I'm just being self-conscious.
I'm getting away from the reason I wanted to write you this message in the first place.  It's the same reason I had to transmit it in such a convoluted way.  Well, I haven't done that yet, but I'm planning to bounce it off several dozen interstellar relay stations in order to make it harder to trace.  Luffa and I can't go back to your planet anymore.  We're not sure what will happen if the Saiyans find out we've been there.   They might attack Wrantool VII, and maybe even destroy it.  That's why we missed our last appointment for couples counseling, and why we won't be able to reschedule.  I hope you understand.
I just feel like we're running away from the issues that led us to see you in the first place.  So I thought maybe if I explained some things in a letter, it would help convince me that our marriage is going to be okay.  I think that's why we came to you.  We both wanted a third party to tell us we were doing it right.  Well, that's not a luxury we can afford these days, so I'll have to make due with what we have.  I'll tell you a story, and I'll have to hope you're as convinced as I am.
[Note: I should probably explain everything that happened since our last session, but later.  -Zatte]
So, after everything that happened with King Rehval, we had a lot of downtime on our hands.  Our ship was badly damaged, especially the computer.   It took us weeks just to get to a planet that could do the repairs, and they had to order a lot of custom parts, so we ended up taking a vacation neither of us really wanted.    They had some nice lodges out in the mountains, but we just weren't in the mood to enjoy it.    Luffa was anxious to get back to Planet Saiya and confront King Rehval, and I... wasn't sure what we should do.    I had hoped we would figure it out while we waited for the ship to be repaired, but all I could think about was what we had been through.  
It was a nice place to try to sort things out, though.   I probably shouldn't say the name of the planet, in case this message gets intercepted somehow.   The less you know, the better.  Now that I think about it, I should probably change the names of the people and places in this story.  Only I can't think of any good fake names, so I'll go back and do that later.
[Note: Don't forget to do this!! -Zatte]
So,we were on Planet Thrush, about 6000 light years from Pflaume.  I had managed to convince Luffa that we needed to keep a low profile until we got the ship repaired.  Luckily, we still had enough money to cover a place to stay and new clothes to keep Luffa from standing out too much.   She spent most of her time monitoring interstellar news reports.    She was determined to keep up with King Rehval's movements as closely as she could, to find out what he would do next.   We weren't sure if he thought Luffa was alive or dead, or how he might respond if he found out she survived.   As it turned out, he didn't really do much of anything.  Luffa compared it to trench warfare, where neither side was willing to risk taking the initiative.    Maybe he was waiting to see what we would do, or he wanted the rest of the galaxy to find out for themselves that Luffa was gone.
The standoff frustrated Luffa, but it also convinced her that laying low was the right move, and that seemed to get her to relax a little.    She focused more on trying to apologize for her makeout sessions with Rehval.   She cooked my favorite foods, massaged my feet, kept the hotel clean (relatively speaking), and she even took me dancing.     She was... well, it was like you said in one of our sessions a few months back.   She was trying too hard, hoping to repair past failures by overcompensating in the present.   It was all a little much, but I liked this better than her brooding over how to take revenge on Rehval.   And things were hard for Luffa too, with her learning her son was alive.    I thought it was best to let her deal with that in her own way, and I think it helped her to know that I'm still part of her family, even if her son has rejected her.  
So one day we decided to go hide out in the mountains and just live off the land for a while.   It's helped us connect in the past, and we never get to do it enough because we spend so much time in space, surrounded by technology.   I was glad to have Luffa away from the news dispatches for a while, and I think she was just happy that I was going along with her suggestions for spending time together.    The thing is, I'd love to say all this downtime is good for our marriage, and it's brought us closer together.    I'd also like to say that the experience with Rehval was good for our marriage, and it's brought us closer together.    But I also have to question if I'm just looking for excuses to say everything is all right, so I can ignore the problem.   Maybe that self-doubt is what's holding me back.   Maybe Luffa has the same trouble.  
Anyway, we had been out there for three days.   Luffa had finished loading our barbecue pit, and was taking a nap in our shelter.   This was just a sort of tent we made out of logs and brush.  We didn't plan to stay long, so we kept it simple.    I was scouting the terrain.   We didn't really need to do that, since we had an aerial view of the place when Luffa flew us in, but my energy manipulation powers let me detect things that normal senses might miss.   I was on my way back when I heard a noise from our camp.   By the time I got to the shelter, Luffa had stepped out, carrying a little boy by the scruff of his tunic.  
It took a while for us to figure out what had happened.   He wouldn't talk at first, but after a couple of hours, he got hungry, and the smell from Luffa's pit probably helped loosen his tongue.   His name was Bred, and he was on this quest to save a kingdom from an evil wizard named Lyder.    We never really got to the bottom of it, but we're pretty sure he wasn't from Thrush.   He used some sort of magic mirror to transport himself from his world to ours, and he had to do that several times in order to collect items and weapons he needed for his mission.   This time, the item he needed was my wife's scalp.
I think the strangest part of life with Luffa is that she's more than just a extra-special Saiyan.   It's tempting for me to think that the "Legendary" in "Legendary Super Saiyan" is a redundancy.   Any Saiyan that powerful would have to be noteworthy for centuries to come.   But it's more than that.    There are people out there who remember the past Super Saiyans, like the Plantians, or the people of Bigreen, or the faerie folk of the F-Tunnel.  For them, Luffa is like the fulfillment of an ancient prophecy.   I think that's the only magic Luffa really appreciates.   She doesn't put much stock in the Dorlun concept of xan-nil'Dor, but she's proud to be part of a lineage of larger-than-life Saiyan heroes, and I think she looks to them for strength.   Maybe its more of a rivalry.   The point is, it's easy for me to think of her as normal, since she's the Saiyan I know best.    Then you have people like Bred, who think of her as a cryptid, like the Hellmoth, or comet-walkers.  
I was about to use Basilisk X as an example, but I forgot that he doesn't count because he's real.   Luffa and I had dinner with him last year.  He's not nearly as deadly as the stories say.   He doesn't kill with a glance, but it can stun you if you're not careful, but he usually reverses it once he's had a chance to calm down. 
[Note: Maybe I shouldn’t bore the guy talking about Basilisk X. -Zatte]
Bred was supposed to undergo a trial of courage to progress through a certain dungeon.   It's kind of complicated, but his quest involved gathering a lot of relics from dungeons, which he'd then use to unlock other dungeons, and so on and so on.  The trial of courage was a portal leading him to a mythical beast, and he would have to slay it and bring back its pelt as a trophy.   The portal led to our campsite on Thrush, and he recognized Luffa as a Super Saiyan from old stories his grandmother told him.  I guess Chanisp or one of Luffa's other ancestors must have paid a visit to Bred's world.
I think that, more than anything else, caught Luffa's interest.   Bred had tracked her all the way to our campsite, found her sleeping in our shellter (he called it a 'lair'), and managed to draw his sword before Luffa woke up and caught him.  I was amazed that she didn't kill him on instinct, but it's easy to forget that her reflexes are as enhanced as her strength and speed.    Once she realized Bred wasn't a threat, she let him live, but Bred continued to struggle, and she was blown away by his bravery.
"This guy doesn't back down from anything," she said.   "He reminds me of you."
Looking back, I think I let the compliment go to my head.   Otherwise I might not have agreed to her plan, which was to go back with Bred and present her scalp as proof that he passed the trial.   Luffa figured that if the rest of the mythical beast was still attached to it, then so much the better.    I wasn't sure about going off on another adventure, but like I said, she talked me into it.   We had nothing but time on our hands, and she didn't think Bred's enemies would be much of a threat to us.    So I agreed, and Bred's magic mirror could take us all back with him, and off we went.  
The gatekeeper who presided over the trial of courage didn't exactly see things Luffa's way, but he wasn't in much of a position to argue.   Luffa took offense to a lot of things in Bred's world.    There were a lot of locked doors and secret passages, and a lot of rules and preconditions you had to meet to be allowed to pass.   She didn't like that at all, since Bred was a nice kid, and she didn't think it was fair to make a nice kid jump through a bunch of hoops just to fight an honorable battle for the good of everyone.    
"If he was a grown man, that'd be different!" Luffa explained to me after she cut down a battalion of Lyder's monsters.    "This boy's just getting started as a warrior, and they expect him to solve a bunch of puzzles, and run errands?"  
I asked her if it was right to interfere like this, but she didn't see a problem with it.   In our own universe, that's how Luffa does things, after all.    She finds people who need help and crushes their oppressors.    Originally, it was for money, then for sport, and eventually she realized it was more than just was way to pass the time.    She really cares about the little guy, I guess because she's been the little guy before.   Maybe that's what she saw in Bred, now that I think about it.    It wasn't too long ago that Luffa and I were a couple of kids, not much older than Bred, facing down a horde of monsters by ourselves.   It would have been handy to have an invincible warrior to join us that day, but Luffa wasn't a Super Saiyan yet.   I guess that was what bothered me about helping Bred.   I couldn't put my finger on it at the time, but it didn't seem quite right to step in and handle things for him.    If someone had done the same thing for us, then Luffa never would have lost that battle, and never would have become a Super Saiyan.   What if we were denying Bred a chance to become something important himself?   What if Luffa was saving him from an ordeal that he needed to experience?
On the other hand, I doubt I could have convinced Luffa, even if I had thought of any of that stuff at the time.    She and Bred formed a sort of bond.    Her son was taken from her while was still pregnant, and raised to be her enemy.    Bred never knew his mother, so they each sort of had what the other was missing.   We spent several days in that realm.    It was pretty.  The sand was bright yellow and the trees were greener than I've ever seen anywhere else, and all the rocks were purple.   Luffa would smash down doors that refused to open, or sometimes she would help Bred find items he needed, even though she had the power to make them unnecessary.   She taught him how to shoot a bow and arrow.    I didn't know Luffa had ever handled one.    She prefers unarmed combat, but she said she played with a lot of weapons as a child.   She even showed Bred how to shoot using her feet.    I can't even explain that right.    Like, you're on horseback, and you grab the saddle with your hands, and curl your back until you've got your butt over your head, and then you use your legs to work the bow... I watched Luffa do it and I still don't understand it.  
Eventually, Luffa defeated all of Lyder's invasion forces, so we started taking the fight to the enemy.   I helped with a lot of that.   My powers made it pretty easy to recon the dungeons and loot them of anything useful.    If I ran into any serious obstacles, Luffa could handle them.   Once they were clear, Luffa would turn the entire stronghold into a crater.    I couldn't help but think this was something akin to how Luffa would have raised her own son, if she'd had the chance.    Bred was no Saiyan, and I think it made him a little nervous to take lessons from one,  but the affection Luffa showed him was real, and I think that made up for some of her gruffness.  
We were feeling pretty confident when we stormed Lyder's fortress.    Luffa tore through the wizard's defenders like they were made of wet paper, and Bred barely had to lift a finger.   There was a large gate that required several totems to open it, but Luffa simply shattered it with her ki.   There were a lot of "key = ki" jokes made during this campaign, what with all the locked doors we came across.    
We thought Lyder would fall as easily as her forces, but it things went poorly as soon as we met her in person.    She had a failsafe, a weapon to defeat anyone who approached her, no matter how strong they were.    It was like a virus, and we had all inhaled it the moment we entered her inner sanctum.   Apparently, we goofed when we smashed our way in.   If we had used the right items, we could have deactivated the virus and entered safely.  
Somehow, my own body managed to hold out against it.   I felt nauseous and weak, but I could still stand and avoid Lyder's attacks.    Bred wasn't affected at all, and Lyder suspected she knew why that was.    When she had created her defenses, she had designed them to make herself immune to them, and that immunity was passed on to her offspring as well.   That was when she revealed that Bred was her son, and she had abandoned him at birth when she discovered that he wouldn't be suitable for some mystic sacrifice she was planning.  
That was when Luffa lost it.   She transformed into her Super Saiyan form to attack Lyder head on, but that just amplified the virus's toll on her body.    Before, she had been struggling to stand, but when she transformed, she managed to get about three steps towards Lyder before she collapsed.    
I rushed to her side, ignoring my own symptoms, and started checking her vitals.   Her pulse was bad, and her eyes were glazed over, but she was still breathing.  There were all these purple lesions on her skin, and I had no idea what they meant, but I knew it wasn't good.   I knew we had to leave.   We had to find some way out of this place, and get her to a doctor while there was still time.   I guess she knew what I was thinking.   On second thought, I was probably babbling a lot while I tried to pick her up.   She probably heard me panicking and knew I wanted to get her out of there.  
Then she took my arm and said: "Forget about me!   Go and help the boy!"
I tried to argue with her.   Tried to tell her that I was barely in any shape to fight, and even if I had been, I couldn't just leave my wife to die.  Not just my wife, but the xan-nil'Dor, the hope of the universe.    
She coughed and made a face.   I can't really describe it well.    It was sort of like she was too weak to scream but she needed to release her frustration anyway.  
"Damn it all!   We came here to help that brat!   He's just a kid.    We can't just abandon him now!"
I tried to tell her to calm down.    That Bred didn't need our help.   That she was destined to do great things and none of that would happen if I let her die there.
"If... if you believe any of that crap," Luffa said,  "then you know I have to see this through.   If I can't survive this, then it doesn't matter what I might have done later."
She took my hand in hers, and her expression softened.    I thought she was going to cry.    
"I really screwed up," she said.    "Took it all too lightly.   This 'quest'... our marriage... everything.    But I love you."
I didn't know what to say.   It was like she was saying goodbye to me without actually leaving.
"Guess if I die here, it proves I'm not a xan-nil'Dor, but whatever you think I stand for... whether I really do or not... you've got to fight for it, Zattie.   Even if I fall, you still believe in my cause, don't you?"
That's what I love and hate about her the most.   Luffa sees things beyond mere survival.   All I've wanted was to fight for her, alongside her, and there she was, telling me to carry on without her.   It makes me upset just thinking about it, but I knew she was right.  I had to let her go.  
And so I left her behind a nearby pillar, and I helped Bred as best I could.    He didn't need much.    Lyder was strong, but predictable.    She needed time to prepare her worst attacks, and she couldn't defend himself while she was deploying them.    Bred's sword seemed to hurt her more than anything else, and there wasn't much point in me joining his attack.   Instead, I used my powers to disrupt the illusions in the dungeon.   When Lyder tried to turn invisible, I warped the light around him to reveal her position.    When she summoned creatures to swarm us, I fought the real ones so Bred could ignore the phantoms.   When things got too hot, we took cover behind a bunch of pillars that seemed to be impervious to her attacks.   I don't know how long we kept this up.    I just remember thinking that Luffa wouldn't make it through the battle.   I remember wanting to run back to the pillar to check on her, but every time I thought of it, I would see Bred fighting and I couldn't bear to turn my back on him.  
Then, the enemy changed tactics on us.    Instead of firing ki in one giant burst, he started launching a wide field of it.   Now, we had to use the pillars for cover, and wait for the attack to subside before we could go back on the offensive.   I remember making a break for the pillar where I had left Luffa, just to check on her.    I remember Bred covering me, and asking in a terrified voice if 'the beast' was all right.  
I couldn't answer him, because she was gone.
Just as Lyder tried to close in on the boy while he was distracted, I saw a yellow light from the other side of the room, and there was Luffa, on her feet.    She looked awful.    The purple lesions were worse, and there was blood coming from her nose.    Somehow, she had managed to transform, if only for a moment, and she raised her hand to fire a ki blast at Lyder.    
She said something badass in that moment, I'm sure of it.   But her voice was weak and the noise of the battle was enough to drown it out.    Her eyes told the whole story, though.   Lyder would have to finish killing Luffa before she could harm a hair on Bred's head.  
I wouldn't say this frightened Lyder.   I think she understood her virus well enough to know that Luffa would die that much faster now.    But she still turned to focus on Luffa anyway, as if she wasn't quite as certain as she had been.   I've seen a lot of enemies underestimate Luffa, only to pay with their lives for the error, and Lyder seemed to guess that this was no one to be taken lightly, even if she seemed to be doomed.  
Maybe Luffa could have held out against Lyder, but my guess is that she never would have survived.    Luffa was ready to die in that moment.   She just... didn't care.    Not because she wanted to die, but because she wanted me and Bred to live that much more.   It was that fiery Saiyan will of hers, and she used it to trick Lyder into overestimating her instead.   In that moment, when Lyder turned to face Luffa, Bred saw his opening and attacked Lyder with everything he had.   It was amazing to see.   He didn't hesitate, he just went in and got the job done.    Lyder was destroyed.  Her body immolated into a cloud of smoke, and I think it took her virus with her.    All I know for sure is that I felt a lot better once she was gone.  
As for Luffa, she survived, but only just.   Bred had an elixir that healed her, but only to a certain extent.  I ended up getting her to a hospital on Thrush, but the short version is that she'll be okay.  At the time, though, it looked pretty dicey.    Even so, she was smiling the whole time, and she kept mouthing the words "I'm so proud of you both".
Maybe this story doesn't really prove anything like I thought it would.  I wanted to tell you our marriage was fixed, in spite of everything that had happened.  I wanted you to read this and say that you agreed with that, even if I wouldn't be able to hear it.
But it doesn't really work that way, and the more I think about it, I can't really send you this letter anyway.  It's too dangerous, and there's nothing tangible to be gained.  I think I knew that all along, but I had to get this far to accept it.
I guess I just wanted to say good-bye.  There's a good chance Luffa and I will never see you again, and that bothers me, because you helped us out so much.  I've had to part with a lot of important people in my life that way.  I don't like it, but that's just how it has to be.
Well, I think we're going to be okay.  I want to tell someone that, but even if I can't, I'll write it down where no one can see it, and I guess that will have to do.  After what happened, I believe our marriage will work.  We have work to do, and nothing's guaranteed, but my wife never stops trying, and I've pledged myself to support her in any way I can, so I guess I won't stop trying either.  It might not be the most elegant relationship, and it might get dented and scratched up along the way, but we'll make it.
I think that maybe you were waiting for us to figure that out all along.  You knew we could do it without you to tell us that.  Well, there's no way to know, so i guess it doesn't matter.
But I want to thank you anyway.  Thank you for putting up with our bickering and our ridiculous problems.  Thank you for listening to us when we wouldn't listen to each other.  We'll try to make sure your efforts weren't in vain.
--Zatte.
NEXT: Loose Ends
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kashishipr · 3 years
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Artificial intelligence (AI) is increasingly driving crucial developments in technology and businesses. It is being employed across a wide range of industries with an impact on almost every aspect of the creation. The availability of large amounts of training data and the advances in affordable high computing power is fueling AI’s growth.
Today, the tasks that AI can perform were unimaginable a few years ago. Whether it is creating music, original artwork, literature, or even new technology, AI has achieved it all. However, a vital question that arises is. “Who owns the Intellectual Property Rights (IPRs) in the works created by AI?” Is it the person, who bought/put the AI to use to create the particular result, or is it the inventor of the AI, or better yet, is the AI in itself the owner of such creations? Before our current legal questions can find definite answers to these questions, it is imperative to understand the various possibilities, their complexities, and implications.
What is Artificial Intelligence?
AI is generally considered to be a discipline of computer science aimed at developing machines and systems that can carry out tasks considered to require human intelligence. Machine learning and deep learning are two subsets of AI. In recent years, with the development of new neural network techniques and hardware, AI is usually perceived as a synonym for “deep supervised machine learning.”
Machine learning uses examples of input and expected output (so-called ‘structured data’ or ‘training data’) to continually improve and make decisions without being programmed how to do so in a step-by-step sequence of instructions. This approach mimics the actual biological cognition: a child learns to recognize objects (such as cups) from examples of the same objects (such as various kinds of cups). Today, the applications of machine learning are widespread, including email spam filtering, machine translation, voice, text, and image recognition.
AI-Created Works
Earlier, computer-generated works used to rely heavily on the inputs of the programmer, and the machine was, at the most, an instrument or tool. Over time, the technological revolution has led to the rapid development of machine learning software, a subset of AI that produces autonomous systems capable of learning without being programmed specifically by a human.
A computer program developed for machine learning purposes has a built-in algorithm that allows it to learn from data input and to evolve and make future decisions, which may be either directed or independent. When applied to art, music, and literary works, machine learning algorithms are learning from input provided by programmers. They learn from these data to generate a new piece of work, making independent decisions throughout the process to determine what the new work looks like exactly. A vital feature for this type of AI is that while programmers can set parameters, the work is generated by the computer program itself – referred to as a neural network – in a process akin to the thought process of humans.
Copyright for AI Created Works
In 2016, a group of museums and researchers in the Netherlands unveiled a portrait titled ‘The Next Rembrandt,’ a new artwork generated by a computer that had analyzed thousands of works by the 17th-century Dutch artist Rembrandt Harmenszoon van Rijn. A short novel written by a Japanese computer program in 2016 reached the second round of a national literary prize. In another instance, the Google-owned AI Company Deep Mind has created software that can generate music by listening to recordings. Other projects have seen computers write poems, edit photographs, and even compose a musical.
For determining what constitutes a creative work eligible for Copyright Protection, most national copyright regimes rely on the concepts of authorship and originality, among others.
For a work to be protected by copyright – there needs to be creative involvement on the part of an ‘author.’ In the European Union, there is no exact definition of an ‘author,’ but case-law in civil law nations, such as France, Germany, and Spain have established that only human creations are protected. The same essentially means that works reflect the author’s personality. In common-law nations such as the USA, UK, Canada, Australia, to name a few, the Copyright Law follows the utilitarian theory, according to which incentives and rewards for the creation of works are provided in exchange for access by the public, as a matter of social welfare. Under this theory, personality is not as central to the notion of authorship, suggesting that a door might be left open for non-human authors. In 2016, there was a selfie taken by a monkey (popularly known as the ‘monkey selfie case’) where it was held that there could be no copyright in pictures taken by a monkey, precisely because the pictures were taken without any human intervention. The main issue is that copyright can only be granted to a human.
The UK’s Copyright Designs and Patents Act, 1988 somewhat provides a solution to this problem. Section 9(3) states that “the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.”
This provision assumes some form of creative intervention by a human and not autonomous generation by a computer program alone. It creates legal fiction.
When we talk of originality, it is widely understood under copyright law that a work is original if it reflects the “author’s intellectual creation,” i.e., the expression of the author’s personal touch and the result of free creative choices. When we talk in the context of the originality of AI-generated works, the question, which then arises, is – Does the AI make free and creative choices? Since an AI is implemented by computational means, some argue that the AI is not making a free choice but rather building upon what has already been programmed into it by the programmer. On the other hand, some strongly advocate that AI indeed makes its own creative choices. These areas are still exceedingly new and grey to reach a definite conclusion.
Patents on AI made Inventions
Invention by AI is the future of innovation. Inventing computers are routinely used to create new technologies, such as BMW’s recent design of self-driving automobiles. Few people believe that it is only a matter of time before AI is responsible for the majority of inventions in the world. The same raises the issue of how the Patent System should treat the technologies created solely by AI with insufficient human engagement to recognize a human inventor. The question of whether, and to whom, patents can be granted for AI inventions is yet to be addressed by the legislature and courts.
A primary requirement for inventorship is making a significant contribution to the invention. In the case of TS Holdings, Inc. vs. Schwab, Mr. Barry Schwab was hired to create a video product to be used in automobile marketing. Schwab had obtained a patent on the subsequent invention, and his employer later alleged that he should be included as an inventor. The court disagreed, rejecting arguments that Schwab’s employer was an inventor because he “financed the reduction to practice” and was the initial reason why Schwab began work on the invention. Because providing monetary support and instructing others to create new technology – are not sufficient to constitute an invention, Schwab’s employer was not an inventor.
The case mentioned above establishes that a human using inventing AI is not an inventor for purposes of Patent Law. To initiate AI invention, a person may input seed information, including existing technologies – for instance, for neural networks or relevant parameters to be optimized. Such acts are seen as merely providing AI with access to existing knowledge in the field. Furthermore, the fact that a person – finances, owns, or operates the AI is insufficient to qualify that person as an inventor. In such situations, a person may be responsible for an invention, but they have not invented a new technology. A primary goal of the patent system is the dissemination of technological advances. If AI patents are refused, it will lead to software creators not disclosing their AI inventions themselves and rather keeping them a trade secret. The same will certainly go against the primary goal of the patent regime. Unfortunately, most legal systems are not yet equipped to answer these questions in black and white.
The Bottom Line
The current position of AI under IP is problematic, wherein recognition of works generated by AI is a step towards the future, but its implementation is the real problem. As AI digs deeper and deeper into more of our interactions, we want to reflect deeply on what sets human creativity and ingenuity apart from the work of the machines we are setting forth into the world. IP law was created to reward the creation of novel ideas and to pass them into the public domain after a limited period. So, to what extent do we want to reward machine creation of ideas or discredit them, particularly in comparison with traditional human creations? Views on this stay starkly divided. Some believe that IPRs should be granted to the owner of the IP, at whose behest the work is generated. On the other hand, some argue that this would go against the very core of the IP system and provide a possible solution that AI-generated works should remain in the public domain and be treated as a separate class. However, then again, the question arises as to the liability in case of infringement by AI. Who would we hold accountable if AI infringes upon an invention or copyright? Is it the creator, the user, or the AI itself? Moreover, how would we ‘punish’ AI?  It is not possible to pin the entire blame on the inventor since AI is the self-learning machine, and the inventor may never have envisaged the infringing situation. Few have even suggested treating AI as ‘minors’ under law, with the owner or inventor as the legal guardian being responsible for any illegal act by AI. All of these arguments, on the one hand, make sense in the context of AI but, on the other hand, have several loopholes and unanswered questions. The world will only have to wait and see how jurisdictions integrate AI-generated works into their legal systems with time. ✅ For more visit: https://www.kashishipr.com/
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duaneodavila · 5 years
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Morning Docket: 03.15.19
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Justice Ruth Bader Ginsburg (Photo by Mark Wilson/Getty Images)
* “This is not a normal vote. This will be a vote about the very nature of our constitution and the separation of powers.” The Senate voted to reject President Trump’s declaration of the national emergency, with 12 Republicans joining with their Democratic colleagues. Now, we’ll wait for the reality TV spectacular that will be the president’s first veto. [Washington Post]
* A poster of Justice Ruth Bader Ginsburg was the target of anti-Semitic graffiti in New York. The NYPD’s Hate Crimes Task Force is investigating. We’ll have more on this later. [New York Times]
* Key prosecutors on special counsel Robert Mueller’s team are leaving, which could signal that the Russian election interference is coming to an end. The latest prosecutor to head for the exit is Andrew Weissmann, who led cases against Paul Manafort and Rick Gates. [NPR]
* Was President Trump “dangling the possibility of a pardon” in front of Michael Cohen as a way to keep his former lawyer from telling the truth? If that’s what happened, House Judiciary Committee Chairman Jerry Nadler says it would’ve been a “terrible” abuse of power.[CNN]
* In a 420-0 vote, the House of Representatives “overwhelmingly” approved a resolution urging the Justice Department to make special counsel Robert Mueller’s full report available to Congress. This might matter. Maybe? [POLITICO]
* “About being fired, all I can say is it wasn’t my decision and I wish the center the best.” The Southern Poverty Law Center has fired its co-founder Morris Dees over a “personnel issue.” What happened here? [AL.com]
* Marc Jacobs has filed a motion to dismiss the copyright lawsuit filed by Nirvana over the designer’s use of Kurt Cobain’s yellow smiley face, claiming that the fashion house “reinterpreted the design to incorporate [a Marc Jacobs] branding element into an otherwise commonplace image.” [Hypebeast]
* Former U.S. Sen. Birch Bayh, author of the Title IX law, RIP. [ESPN]
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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.
Morning Docket: 03.15.19 republished via Above the Law
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Modifying Bikes in India
What kind of bike modifications are legal? What bike modifications help to keep you and your bike safe?
 Modified bikes in India are trending especially amongst bike enthusiasts
Indians are endorsing modified bikes more than before. This is evident simply from how many mod-shops have popped up in the old delhi area over the last six years. The story is not very different from other major cities like Jaipur, Bhopal, Indore, Bangalore, etc., where people often commute from surrounding towns to get their bikes modified. 
Modifying bikes is received in a mixed light in India, depending on the type of mods that owners opt for. For example, introducing fairings on lower-end motorcycles is often received with an unwelcome attention amongst enthusiasts on the road. However, modification of bikes also comes with a question of legality and safety, both of which we will look at in greater detail in the following section.
Are you considering getting that fender eliminator kit that you saw on an R15 on your way to work today? Before you head to a workshop, here are the legalities surrounding the issue of modifying bikes in India:
Wrapping your motorcycle and introducing front/side fairing/cowl is completely legal. Are you considering wrapping your motorcycle red front and side fairings to sport a new look? The cops won't have a problem with that!
Horn: Modifying the horn is fine by the RTO as long as its noise level remains below 120 db. Another point to remember - your horn shouldn’t sport music that will attract copyright issues.
Exhaust: As long as you are not cranking up the volume of your engine, you’ll probably be fine. However, there is another rule to be followed: your exhaust shouldn’t be bent downwards by more than 30 degrees. 
You may change the accessories that come as an add-on, but fenders are out of bounds. While people have modified fenders on their motorcycles without getting noticed, it can potentially land you in trouble with the cops. 
Lamps: As long as you’re not playing the cop, you'll be okay - which is to say, the lights on your motorcycle shouldn’t be a combination of blue and red, as that’s reserved for the police.
In summary, anything that doesn’t alter the structure and the paint of your vehicle is fine by the law. In case you do repaint your vehicle, you’ll need to get it approved with ARAI, since the colour on the registration papers of your vehicle should match its actual colour. Most of these rules actually make sense, as they are usually concerned with maintaining order or with the safety of the rider and other people on the road. 
 However, there are a few mods that actually help to keep your bike safe. Not only that, modifying your bike can also lower the premium that you pay on your vehicle’s insurance in India. Surprised? Read on to find out. You can consider investing in things like an upgraded windshield, a custom stand, frame sliders, battery tender, suspension upgrades, and most importantly, tires. These mods make sense for a lot of motorcycle enthusiasts as they can greatly improve the functionality of your motorcycle while enhancing its safety. 
For example, if you are using a motorcycle heavier than 150 kilograms, investing in a hydraulic stand is a reasonable upgrade, which helps protect you from a severe leg injury. If you are living in an extremely cold climate on the other hand, using a battery tender is one of the most important mods you can invest in, so that your motorcycle battery never dies on you.
 Importance of two wheeler insurance for modified bikes
 So how do two wheeler insurance companies view bike modifications in India? Well, some connections are not difficult to make. While the response of bike insurance providers has been largely company-dependent, performance mods are usually seen in a negative light by them. Think about it yourself – if you were providing risk cover to two motorcycles, one which has performance upgrades to make it faster, while the other doesn’t, which one would you charge more?
While different insurance providers might have different responses, you should always consult with your two wheeler insurance provider before making that modification on your motorcycle. The reason being that most claims that are associated with modifications on a motorcycle after the insurance was done, are rejected. The dots are pretty simple to connect: the insurance was provided to the state the vehicle was inspected in, and that is how your premium was determined.
 On the other hand, if you installed a custom anti-theft mechanism or a better lock on your motorcycle, the premium associated with your two wheeler insurance might be reduced, since the probability of you losing your motorcycle goes down, thereby indicating lower risk associated with your bike.
 No matter what modifications you seek on your motorcycle, you should always have it insured, not only because it's legal, but because it's reasonable and rational. Bajaj Allianz Two Wheeler Insurance available on Finserv MARKETS covers your motorcycle for as low as Rs. 482 a year. That’s cheaper than what you might spend on a single movie date. In addition to providing cover for personal accident, theft/total loss of vehicle, and third party damage, Bajaj Allianz Two Wheeler Insurance will also lower your two-wheeler insurance premium if you install an anti-theft system on your motorcycle. Download the Finserv MARKETS app and apply for Bajaj Allianz Two Wheeler Insurance plan right now!
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neptunecreek · 4 years
Text
.ORG Isn’t Broken, and We Don’t Need Private Equity to ‘Fix’ It
Ethos Capital—the private equity firm poised to purchase the .ORG domain registry for $1.1 billion—and Public Interest Registry (PIR, the entity Ethos wants to buy) have been attempting to respond to the concerns raised by the .ORG community. These after-the-fact changes just make clear that while there is nothing currently wrong with .ORG, there is a lot that could go wrong if this deal moves forward. 
Last week, we wrote about a proposal by Ethos Capital to add certain “Public Interest Commitments” to the contract governing the operation of the .ORG domain registry. Our post explained why that proposal doesn’t solve the problems with the planned sale. Since then, Ethos and PIR have hosted two webinars to discuss how their plan supposedly addresses the concerns that EFF and over 800 other organizations—along with Members of Congress, UN Special Rapporteurs, and state charity regulators [pdf]—have raised. Nothing said on those webinars changed our analysis. Instead, they only further reinforced that Ethos’s plan for a for-profit PIR is one that’s unsound at its very foundation.
While we can—and will—point to specific places where Ethos and PIR’s arguments fall apart, the broader theme to take note of is that this cannot be fixed. All of the proposed changes have holes that don’t get at the underlying problems presented by the deal. On the other hand, the current system is stable and functional, and changing it threatens to introduce instability and dysfunction with no countervailing benefit to the community.
Ethos Touts Its Willingness to Take Risks—But at Whose Expense? 
Ethos and PIR have repeatedly defended the proposed deal by arguing that converting PIR to a privately owned, for-profit enterprise will allow it to offer “new products and services,” but without explaining what those new offerings might be. On Thursday, they finally admitted that they actually don’t know what additional products and services .ORG registrants want or need, citing a lack of market research. Ethos founder and CEO Erik Brooks then made a troubling case for why Ethos’s purchase of PIR would make these hypothetical new offerings possible: Launching new products requires taking financial risks, and non-profit organizations “are not in the business of taking risks”—but Ethos is.
This is not the selling point Brooks seems to think it is.  .ORG’s value to its registrants is being a reliable and recognized domain for hosting their websites and email systems—which it already offers. The .ORG registry should decidedly not be in the business of taking risks with non-profits’ essential infrastructure by adding bells and whistles that no one is asking for. If those risks don’t pan out, it may well be the non-commercial .ORG community that suffers as Ethos makes up for the loss by skimping on technical upkeep, raising prices, engaging in censorship-for-profit—or bankrupting PIR and walking away with the gains.
A Misleading Financial Picture
Ethos and PIR continue to push a narrative that goes like this: PIR currently has to send all of the money it makes to its non-profit parent organization, the Internet Society (ISOC); ISOC then uses those funds for purposes that don’t benefit PIR. As a result, PIR has not had funds to invest in reaching new markets or introducing new offerings. If PIR is freed of that burden, every dollar that PIR would have sent to ISOC will now be available for reinvestment in PIR.
There are a few problems with this narrative. For one, the assertion that PIR is required to send its entire net income to ISOC is at odds with PIR’s articles of incorporation, which establishes charitable purposes other than just financially supporting ISOC. And history shows that PIR can, in fact, invest in itself should it choose to. PIR’s 2018 Form 990, for example, states that PIR spent $1,369,537 on “advertising and promotion” and another $863,042 on “marketing” that tax year. In 2012, PIR took a gamble and applied for six new gTLDs (including .ngo and .ong) to add to its domain portfolio, costing $1.1 million in application fees alone.  In short, we’ve seen no evidence that PIR is an organization in crisis, in need of the kind of radical, fundamental change that Ethos has planned.
At the same time, the financial analysis Ethos presented last Thursday didn’t account for additional expenses that PIR would face post-acquisition. In particular, it didn’t factor in the tax burden that PIR will face if it gives up its tax-exempt status. Nor did it make clear whether PIR will face costs associated with other credit or financing obligations, dividend recapitalizations, or being forced to do business with Ethos’s favored vendors.  A letter we sent to ICANN in partnership with Americans for Financial Reform Education Fund explains our questions and concerns about the financial terms of the proposed transaction, which remain unanswered by Ethos and PIR.
Illusory Safeguards
In both recent webinars, Ethos and PIR have sought to assure community members that they would never take actions that would harm the .ORG community—and that even if they wanted to, their proposed Stewardship Council would stop them. Based on what we know about the Stewardship Council, we’re not convinced. Here’s why:
The member selection process guarantees that the Council will always be composed of people friendly to PIR’s board and owners and will not be truly independent. Six out of seven inaugural Council members will be selected by the board, while the seventh inaugural member and all subsequent members will be subject to the board’s veto.
The Council’s remit will be narrow—effectively as narrow as PIR’s board and management want it to be. The Council’s charter allows PIR to keep virtually any of the company’s actions or decisions outside of the Council’s scope simply by framing them as operational or financial matters. We’ve already seen PIR do this to justify not consulting its existing Advisory Council about the Ethos deal before agreeing to it. It’s also something we see frequently at ICANN, where any issue relating to registry contracts—including the changes to PIR’s contract that we challenged last year—is framed as an operational, non-policy matter, delegated to staff and exempt from multi-stakeholder processes.
It’s a safe bet that the Stewardship Council will be kept in the dark about critical decisions, just as PIR’s current Advisory Council was in the lead-up to the Ethos deal. We asked in both webinars how we could be sure that wouldn’t happen. PIR’s Jon Nevett responded that the Stewardship Council would have a larger role on “certain issues,” but he had no answer to whether and how the Council would have access to information it would need to make informed decisions.
Although PIR’s spokespeople repeatedly touted their dedication to free speech, they haven’t offered to change their existing anti-censorship policy one bit. It’s full of loopholes: PIR reserves the right to make websites go dark for “illegal or fraudulent actions.” Depending on which laws are applied and how they’re applied, anything from satire to political commentary to trivial copyright infringement on the website of a business competitor could be justification for taking away a site’s domain name. The power to interpret and apply this policy would rest entirely with PIR and its secretive owners. Nothing in PIR’s “PIC” and “Stewardship Council” announcements would change this—the risk of censorship-for-profit remains.
In Conclusion, Ethos and PIR Want to Change Something That Works Into Something Untested
The for-profit PIR that Ethos envisions would be a fundamentally different organization than today’s PIR, and we have serious concerns about its business model and financial stability.  Nothing we’ve heard from PIR and Ethos has convinced us that PIR should be transformed from something that we all know works to something that’s unproven. To the contrary, the Ethos deal raises concrete dangers of censorship, financial and technical instability, and price-gouging of non-commercial .ORG registrants. And despite making their case for months, proponents of the deal haven’t identified any specific benefits it would impart to .ORG users.
ICANN can, and should, reject this change to the .ORG registry. But that time is running out; ICANN’s current deadline to make a decision is Friday, March 20. You can still speak out: the ICANN Board is holding a public forum next week, Monday March 9 at 10am–11:30am Eastern Daylight Time. Anyone can join by videoconference and address the Board.
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oliverphisher · 5 years
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Hazel Edwards
Hazel Edwards writes quirky, thought-provoking fiction and fact for adults and children. Coping successfully with being different is a common theme. Co-written ‘junior novel ‘Hijabi Girl’ explores cultural diversity and is to be a Larrikin Puppets’ musical in 2020.
Best known for ‘There’s a Hippopotamus on Our Roof Eating Cake’ series, recently touring as a musical, Hazel has grandkids for whom she writes a story each birthday. ‘Outback Ferals’ her YA novel set in Darwin, is a sequel to ‘Antarctica’s Frozen Chosen’, researched during her 2001 Antarctic expedition. 
Hazel runs book-linked workshops on ‘Authorpreneurship’ and ‘Writing a Non Boring Family History’. ‘Complete Your Book in a Year’ is run at PROV (Public Records Office) and all finish their memoirs or history based books.
A National Reading Ambassador, in 2013 Hazel was awarded an OAM for Literature. Her memoir ‘Not Just a Piece of Cake-Being an Author’ explores longterm creativity.
Also on Audible, ‘Celebrant Sleuth; I do or die’ an adult mystery with Quinn her innovative sleuth who continues in ‘Wed, Then Dead on the Ghan’ mini sequel. ‘Almost a Crime’, short crimelettes are also available on Kindle.
‘Ho! Ho! Ho There’s a Hippopotamus on Out Roof Eating Christmas Cake (Penguin) is the seventh and last in the classic picture book series. 2020 is the 40th anniversary celebration of the cake-eating hippo.
2012 Ambassador for National Year of Reading, and three times (2010, 2011, and 2012) nominee ALMA award, Hazel, received Order of Australia Medal (OAM) for literature in 2013. Hazel became the Soceity of Women Writers' Patron in 2013.
In the two years, since you were last interviewed, the genre in which you write has changed from children to adult mystery/crime.  Formats have changed too. And some earlier works have moved into new mediums like comic graphic novels. Why was that?  
Although my cake-eating hippo character is celebrating 40 years of being constantly in print and three generations have loved him, I wanted a new plotting challenge which could use varied settings.  I always wrote across genres, but the hippo picture books were the best known.
Quinn, my sleuth character works as a celebrant, and this enables her to move into different cultures and geographic settings for each story which is a self contained chapter in the original longer work. She’s a quirky problem solver and murder isn’t always on the agenda. 
Originally I wrote her with a series in mind, and thought she would adapt well to television.  That hasn’t happened, YET. But she has travelled onto AUDIBLE via my voice.
Learning to audio record such a long novel work was a new experience although I had recorded shorter picture books and junior novels like ‘Hijabi Girl’.  Just the sheer length of 9 hours finished audio story indicates much longer rehearsal/recording time. Took about four months, with studio visits twice weekly. Spring Studio producer Harry Williamson was very patient with me. But having an author record their own story in studio gives special nuances and having a female Australian voice was vital as my Quinn character is of diverse gender and most AUDIBLE actor voices are American.
As an author I’m an intellectual risk-taker and hope  my innovations will be seen as strengths not weaknesses. But sometimes, the timing is wrong.
‘Wed, Then Dead on The Ghan’ is a mini- sequel to ‘Celebrant Sleuth; I Do or Die’ and I had qualms about its brevity as a stand-alone but the story actually matched the length of earlier chapters of complete stories in the original book which I had designed as possible TV episodes. 
My working methods have changed too. I write 6am-8 am on original fiction as mysteries are the most challenging to plot and I need to be mentally fresh. As a fulltime writer with a big backlist, the literary administivia seems to be growing. Other authors have also commented on this escalation too because with new formats which require clarification of rights, copyright issues or pirates pinching stuff, the legal aspects and form filling and filing of authors’ work is more complicated and takes time from new work.
So although ‘Wed, Then Dead on The Ghan’ is only 7,000 words and a mini sequel in e book and a cute, small format, I know exactly how long it took. After a research trip on the Ghan from Adelaide to Darwin in late January, I wrote 2 hours every morning, until late June. Then it was edited, the cover designed and published by October.  Earlier I had taken over a year to write the original Quinn ‘Celebrant Sleuth’ but for that initial concept , characters had to be developed and a country town scenario which was used in subsequent stories. With ‘The Ghan’ story I had to check facts about the real train but also it was an experiment in writing ‘short’ for e-format. And of experimenting with a tiny book format which sells at 99 cents on Amazon
Having a versatile character like a celebrant enables me to utilize different settings and include my travel research.  So I live more intensively by looking at what might go wrong. Tends to worry the OH&S people.
What are one to three books that have greatly influenced your life? 
Probably the first one I was able to read by myself influenced me the most. There was a joy in cracking the code of the words. And I can remember Blyton’s ‘The Land of Far Beyond’ which was my first experience of a book with subtext which was a kind of quest and not just a ‘what happens next’ story for kids. Although I had a Grandma who read me lots of stories, and who taught me to read, I didn’t know Blyton’s book was a children’s version of ‘Bunyan’s Pilgrim’s Progress,’ but I liked the ‘journey with a purpose’ structure. That’s what writers do in real life travel-research: travel with a purpose. (But didn’t know then I’d go to Antarctica etc to write).
George Orwell’s ‘Animal Farm’ influenced me as a student when I realized it wasn’t just about animals taking over the farm, it was a political and historical allegory. So although I am not religious nor political in adulthood, I’m drawn to books which have layers of thought as well as a good story and insight into another world. Possible why I take cultural risks in some of the subjects about which I’ve co-written, such as ‘Hijabi Girl’ and  ‘f2m; the boy within’ about trans youth and my asexual sleuth Quinn in adult mystery ‘Celebrant Sleuth: I do or Die’. 
How has a failure, or apparent failure, set you up for later success? 
Most writers struggle to survive financially. They are short of time, money and get little recognition at the beginning. Add to that family responsibilities and there’s not much slack. I coined the term ‘Authorpreneur’ where a writer becomes a solo practitioner in the small business of ideas. Being an author requires a portfolio of skills, but you also need to retain a quirky enjoyment in your subjects.
And it’s part of seeing yourself as a business, not a victim of rejection. So you pitch ideas, have a business plan and keep to deadlines. You also choose your projects with a specific audience in mind.  And if you get rejected, you recycle in another format or to another publisher.
But occasionally your subjects may be ahead of current interests. We got 41 rejections on ‘Hijabi Girl’ and now it has been reprinted several times as social issues and perceptions have changed. Larrikin Puppets have created a musical puppetry show for 2020 Book Week and were oversubscribed when they used crowdfunding to help with puppet development. Society now wants works to explore tolerance, not hate, especially after the NZ Christchurch terrorist bombing.
The concept of coping successfully with being different has always intrigued and this had meant some risky cultural research in gender areas. And physical research in places like Antarctica where I was an expeditioner with the Australian Antarctic Division in 2001.
As a teenager I worked in my family country general store before and after school and at weekends. Although I wasn’t keen at the time, it gave me exposure to gossip (research for a writer), ability to say ‘No’, handling maths via money and a work ethic of the self employed. I knew a 9-5 occupation was not for me. Neither was a routine job. 
Often when things have gone wrong, that provides drama for writing. The best stories come from things going wrong like our leaking roof which lead to the children classic picture book series ‘There’s a Hippopotamus on Our Roof Eating Cake’. Everybody has ‘failures’, it’s what you do about them afterwards that matters.  A writer can utilize the feelings in their characters to create more realistic drama.
Are there any quotes you live your life by?
Persist.  Read widely.  Choose others with a similar work ethic. Have fun.  Do participant-observation research where you ‘go and do’ in order to write realistically afterwards. I’ve been hot air ballooning, trekked in Nepal, visited a funeral parlour behind the scenes and experienced ‘a working day in the life of a ‘fireworks expert’ (pyrotechnician), oil rig engineer and even a chopper pilot.
I tend to decide in the general direction in which I want to go, such as children’s theatre or learning to audio record and then look for opportunities to acquire the skills by collaborating with others, or taking on small projects. Or I might get interested in subjects such as celebrants (prior to my adult mystery ‘Celebrant Sleuth I do or Die’ ) and immerse myself in their workstyle. I collect anecdotes which are mini stories.
Now I’m officially ‘old’ (you can tell the age of authors by checking their year of birth on the publisher’s page at the front of the book) I’m continuing to work on creative projects as writers never retire. That’s a bonus.
Child-like enthusiasm is the answer for a longterm career as a writer, so you continually to be enthused and write fresh material for your readers. Not the same book ten times. Be wary of the thinly disguised memoir of a writer not being able to write and blaming on writers’ block.
What is one of the best investment in a writing resource you’ve ever made? 
The Iphone has enabled me to take photos at literary events and use them immediately on social media. I’m not visual nor a good photographer, but have learnt to crop and get one generic photo of me holding the relevant book against a relevant background, which can be used many times. e.g. Our co-creators photo of Hijabi Girl launch.
As an author speaker, the IPad is the most useful device. Fewer props to carry as I can have dot points in the size font I can read on a speakers’ platform. Instead of actual books I can carry covers only. And I now use the ‘notes’ via the Cloud, to transfer between my devices. That saves repetition.
For exercise I listen to audio books as I walk and these run from my IPad now that airlines permit you to use this device inflight. So I can work on existing files which I have preloaded. I’m answering these interview questions while at the hairdresser prior to a photo shoot as an author
I also have my generic talks on a usb which can go into my hosts’ computer and show via data projector. Also carry a backup on a brightly colored cord in case usb gets lost or forgotten. My usb talks are mainly quirky and versatile visuals which can be used with different aged and types of audiences. The aim is generic props.
I’m not a digital native but I aim to learn one tiny digital skill per day, it might be as small as how to attach a hashtag to a Tweet. My marketing manager daughter overhauled me digitally with an updated author website about ten years ago. She also taught me to think and write for a visual generation via Twitter etc and learn to use photos whereas I think in abstract.
So writers need to continue to learn. Currently I’ve enrolled for a forensic DNA weekend course, to improve my knowledge of police procedures and to ensure I don’t make factual mistakes in plots.
What is an unusual habit or an absurd thing that you love? 
I’ve been doing Belly Dancing 101 on Monday nights 6.30-7.30 for 13 years. It’s my therapy. I meet women who lead very different lives from me and we all listen to each other.
In the last five years, what new belief, behaviour, or habit has most improved your life? 
It’s impossible to fit in everything and life can become stuffed with ‘should do’ things. So just do part of one tiny task towards the ‘big project’. Start with jotted notes. Or just answer ONE question in a blog interview like this, even if you have to leave in 10 minutes. Instead of keeping a ‘To Do’ list, I write DONE.  DETOUR or USELESS. Detour, means to have another go later. Aware that I need to de-clutter my literary files. So I try one small area late in the day when I tend to be braindead.
What advice would you give to a smart, driven aspiring author? What advice should they ignore? 
Teach your family to cook. I object to the use of ‘writers’ block’ as an excuse for not producing.  A disciplined writer can produce to a deadline, but not all the experience may be euphoric.  In my memoir ‘Not Just a Piece of Cake: Being a Writer’ (Brolga) I explore the ‘Plateau of Boredom’.  Collaborating with digitally skilled, younger co-creators helps you learn new formats for stories, and there’s a purpose in the learning by doing.
Recently our ‘f2m;the boy within’ inspired the development of a graphic comic novel ‘The Boy Within’. This concept is still in progress with the two transguys who are familiar with the constantly changing gender language and issues. So acknowledge when you need to delegate or seek expert help. Getting the language right for your audience is vital. Extract: The Plateau of Boredom 
The Process of Creativity: or the Writer’s Block You’re Not Having! Creativity is a map.  I have to reach a plateau of boredom, a feeling that everything is flat and monotonous. To avoid the ‘nothing- ness’, I put two things together that have never been in that combination before, which become a new idea for a story. 
To avoid being stuck on that plateau forever, I write an alternative mental world which provides the terrain of variety. Rivers of thoughts. Occasional peaks. Rocky stretches of plotting when I have to find alternative routes. And glimpses of characters. (Now I could have added ‘in the fog’ but that would have been stretching the analogy).
This morning I woke up with that map image.  I hadn’t thought of creativity quite in that way before. Early mornings are when I have my best ideas, before the minutia of domesticity takes over. That’s why when my children were younger; I did my best snatched writing before they woke or when I was away alone in motels on author tours. 
On reflection, perhaps weekly family orienteering on Sundays provided the map image. Trying to find an elusive control on a bush map when you’re tired, knowing it’s there somewhere, but you have to stop, and rest for a moment. And then I’d go back and try to find the route, like plotting a novel. Using an existing map is one challenge. Creating the map is another.
What marketing tactics should authors avoid?
Ego.  There’s a difference between marketing the subject of a book, and trying to play ‘celebrity’.  Always consider what your audience wants to know. And craft it for them.
What new realizations helped you achieve your goals? 
Co-write if you intend to be a long term author, so you will continue to learn in new areas. Be willing to constantly learn new skills as the means and format of conveying ideas and stories changes.
And if you are writing of another culture, having a co-author from that culture ensures your work is authentic.  You also feel morally obliged to finish your share before your next meeting, so it’s a great way to overcome procrastination.
Recently my 20 year old YA novel ‘Fake I.D.’ was translated into Tamil and launched in Chennai, India.  It was a thrill to realise a story had not dated and was moving into a new culture.
The developments in multi-media have meant that ‘old’ stories can be adapted into new mediums. ‘Hippo Hippo the Musical’ the Garry Ginivin production has toured nationally and was inspired by the cake eating series of hippo picture books. Sitting in the audience, watching the actors AND the audience gave me great creative satisfaction.
Any other tips?
Stop reading ‘How To Write’ articles and actually start producing.
________
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policeadult92-blog · 5 years
Text
Michigan Gov. Gretchen Whitmer open to allowing Great Lakes oil tunnel
LANSING, Mich. - Michigan Gov. Gretchen Whitmer said Wednesday that she’s open to allowing construction of an oil transport tunnel beneath the channel where Lakes Huron and Michigan meet, despite previously halting work on a tunnel plan developed by her predecessor.
Whitmer told reporters she wanted as quickly as possible to shut down Enbridge’s Line 5, which carries oil and natural gas liquids between Superior, Wisconsin, and Sarnia, Ontario. A more than 4-mile-long (6.4-kilometer-long) segment of the line divides into two pipes that run along the bottomlands of the Straits of Mackinac, which links Michigan’s two peninsulas.
“There’s no quick, easy solutions here, but if the goal is to get the pipeline out of the water, I think the only responsible thing to do is to pursue any strategy that gets us there, including the possibility of a tunnel,” the Democrat said.
Environmental groups that supported Whitmer’s election last fall urged her to reject the tunnel option and move quickly to shut down the underwater Line 5 segment, as she pledged to do during her campaign. Republicans in the state Legislature welcomed what they described as Whitmer’s “about-face” on the issue but accused her of wasting time.
Former Republican Gov. Rick Snyder wrapped up a deal with Enbridge toward the end of his term calling for a new pipeline segment that would be housed in a tunnel to be drilled through bedrock beneath the lakebed. Once the new line was completed, the existing twin pipes, in place since 1953, would be decommissioned.
Whitmer ordered state agencies not to proceed with the Snyder plan after Attorney General Dana Nessel released an opinion last month saying a law enacted in December to implement the deal was unconstitutional.
But Whitmer never ruled out the idea of a tunnel. The Detroit News reported Wednesday that her administration had restarted talks with Enbridge, a Canadian company based in Calgary, Alberta. Whitmer spokeswoman Tiffany Brown told The Associated Press that discussions with the company and advocacy groups “are ongoing.”
Responding to questions after an unrelated event, Whitmer said she was pushing “to get the pipeline out of the water at the earliest possible moment.”
Attempting to shut down the twin lines immediately by revoking a state easement could prompt a court battle that might keep them operating even longer than called for under the Snyder deal, Whitmer said. It envisions completing the tunnel in 2024, although earlier timelines suggested the process could take seven to 10 years.
Steve Chester, a former director of the Michigan Department of Environmental Quality, is among members of a team advising Whitmer on the matter, Brown said.
The pipeline project is supported by labor organizations friendly to Whitmer because of the jobs it would create. But environmental groups issued a flurry of statements Wednesday calling on her to seek alternatives.
“A tunnel would prolong the risk of an oil spill along 400 inland waters and Lake Michigan shoreline along which Line 5 runs in Michigan,” said Sean McBrearty, coordinator of a coalition called Oil & Water Don’t Mix. “Moreover, to avoid the worst impacts of climate change, we must rapidly move off fossil fuels.”
State House GOP Floor Leader Triston Cole of Mancelona said Whitmer should have backed the Snyder plan instead of “placating her political base.”
“By stopping Line 5 reconstruction in the first place, the governor created a false crisis, which wasted valuable time and money spent planning for the project,” Cole said.
Enbridge spokesman Ryan Duffy said the company was continuing to “provide information to the governor’s office and to seek clarification from the administration on a path forward for the tunnel project.”
Copyright 2019 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Source: https://www.clickondetroit.com/news/michigan/michigan-gov-gretchen-whitmer-open-to-allowing-great-lakes-oil-tunnel
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duhragonball · 6 years
Text
[FIC] Luffa: The Legendary Super Saiyan (94/?)
Disclaimer: This story features characters and concepts based on Dragon Ball, which is a trademark of Bird Studio/Shueisha and Toei Animation.   This is an unauthorized work, and no profit is being made on this work by me. This story is copyright of me. Download if you like, but please don’t archive it without my permission. Don’t be shy.
Continuity Note: About 1000 years before the events of Dragon Ball Z.
Previous chapters conveniently available here.
[26 May 234 Before Age.   Interstellar Space.]
It was taking too long.
Aboard the Emerald Eye, Zatte stood in the engineering room and held her finger over a button on on of the consoles.  Next to the button was a time display, which counted down to zero.   When that moment arrived, she would press the button, which would disengage the ship's hyperspatial drive.  After that, she would take sensor readings and compare them to other readings she had taken several hours earlier.   After that, she would begin laboriously calculating the ship's position relative to her destination.  
Normally, all of this would have been done automatically by the ship's computer, but its navigational functions had been sabotaged by King Rehval's agent, Pozet.   Pozet's mission was to keep Zatte out of the way while the rest of Rehval's plan fell into place.   Zatte had destroyed her hours ago, but she had to admit that the miserable creature had probably succeeded anyway.   Pozet's original plan was to confuse the navigational computer by replacing its charts and tampering with its fundamental understanding of the universe.    The genius of this had been that the ship appeared to be working properly.    It set a course and followed it perfectly.  The only problem was that it now believed the shortest distance between two points was an elliptic curve, so the ship simply flew laps in space, unaware that it was getting nowhere.  Zatte had solved that problem by disconnecting the navigational system altogether.    Her plan was to fly the ship manually, and navigate by the stars, but this was no simple matter.    The longer it took, the more Zatte wondered if her efforts made any difference.
At last, the timer reached its end, and Zatte pressed the button just as the display read zero.   The engines made a low hum as they reduced power and the ship returned to normal space.  She sighed with relief, then activated the ship's sublight thruster.   With that, she turned on one heel and left the engine room to go to the observation deck.
Ideally, Zatte would have done all of this from the bridge, where engineering and sensor controls could all be accessed from a central location.   But the bridge had been badly damaged during the fight with Pozet, and it would take days of repairs before life support could be restored there.   In any event, the ship needed to move through space for a least a half hour so the sensors could get the necessary data for her to calculate her position.  There was nothing she could do in the meantime, so she preferred to spend her down time on the observation deck, where she could see the stars for herself from the transparent canopy that surrounded it.  She walked past a pair of tables where she had been working on her calculations, and sat down in a lounge chair to stare at the heavens.
The brightest star was the sun of the Pflaume system.   She had made that much progress, at least.   Her best guess was that it would take four or five more jumps at superluminous speed to bring the ship close enough that she could navigate with greater confidence.    Until then, she had to be careful.   A single, long trip at superluminous speed would cover more ground, but even a slight error in the math could put the ship far enough on course to delay her, even further.    Fuel was also a consideration.   Pozet's little "detour" hadn't consumed too much antimatter, but it was enough that Zatte couldn't risk running the engines without being certain they were going the right way.  
"I'm trying," Zatte said as she looked up at the star.    She wasn't sure if Luffa was even there.  Pozet claimed she was, but she might have been lying, or simply mistaken.   It was also possible that Luffa was dead by now, or that she had found some other means of escape.   Or maybe...
"Maybe you really did buy what King Rehval was trying to sell you," Zatte said to herself.    "Maybe the two of you left together.   Or you're waiting for me to show up, so you can laugh at me to my face."
She didn't really believe it, but she couldn't entirely dismiss the possibility either.    Saying it out loud forced her to confront it.  Luffa was too proud, too contemptuous of Saiyan royalty.   Even if Luffa had feelings for Rehval, there were too many incompatibilities there.  And Rehval had lied about a great many things since Zatte and Luffa had met him.  And yet... Zatte still couldn't convince herself that it was impossible.  
Luffa's telepathic powers had allowed Zatte to see into her mind.  They had tried to cut back on this, since the exchange of unvarnished truths about their innermost thoughts and feelings had caused a rift to form in their marriage.   Still, Zatte knew enough to know what her wife truly felt towards her.    They were in love, that much was unquestionable, but there were many things that left Luffa unsatisfied.   She would have never admitted it, but Luffa had a homesickness to her.   It wasn't a longing for any particular place, but she missed her family: not just her parents, but also the family that she might have had with her late husband and unborn son.   It frustrated Luffa to be apart from other Saiyans, and it frustrated her to be among them, only to find that they didn't share her lofty ideals.   Maybe Rehval had an answer to those issues.   In spite of his moral failings, maybe he had something to offer Luffa that Zatte simply couldn't provide.  
Perhaps that was what troubled Zatte now.   She couldn't truly believe that Luffa would join him, but she couldn't quite shake the possibility that Luffa should join him.   If Rehval had some happiness for Luffa, some way to cope with the unspoken longing Luffa felt, and if Luffa rejected this, then what?   Zatte also wondered how she herself would handle the same choice.  Rehval was trying to secure the future for the Saiyan race.   What if he was right?   If Luffa refused him, then was she condemning her own people to ruin?   No Dorlun could make that kind of choice, but then, Luffa was no Dorlun.   Luffa was willing to risk everything for what she thought was right.   She was even willing to jeopardize her own people.   That idea horrified Zatte, but maybe not as much as the alternative.
She imagined arriving on Pflaume to find Luffa dressed in royal blue, her short black hair framed by some elegant tiara, her arm in the arm of Rehval.    Her marriage to Zatte would be effectively over, but the Rehval Dynasty would be preserved for centuries.   The Saiyans would prosper and thrive for generations to come.    The next Super Saiyan would be born to the royal house, and he would lead his people to an even brighter tomorrow.  That made all the sense in the world, but not for Luffa.   It just didn't fit her.  
On the other hand, Zatte could imagine arriving at Pflaume, and finding Luffa standing over Rehval's broken body.   Regicide and interstellar incidents meant nothing to her.   The Saiyan Kingdom would declare war on the Federation, and there was no telling what would happen in the aftermath.    It might take decades for another Saiyan leader to arise, and their fate as a species would be uncertain at best.    Luffa would smile that savage grin of hers, and spit on the body of the Saiyan King.   "He had it coming, Zattie," she would say.  "And so does anyone who has a problem with that."
That Luffa seemed much more realistic to Zatte.  More importantly, that version was the one that excited her, the one that inflamed her passions.   No Dorlun could ever do that, but then, Luffa was no Dorlun.   Zatte was beginning to wonder if she was much of a Dorlun herself.   Her people would never dream of standing with someone so dangerous as a Super Saiyan.   If Luffa was willing and able to jeopardize her own species, then what could she do to others?   Zatte often wondered if she rationalized Luffa's behavior as a way to justify her own approval of it.  She also wondered if she was simply overthinking things.
By the time the ship's sensor scans were complete, Zatte was no closer to an answer than before.   She was grateful for the distraction the sensor data would offer, though she knew it would only make her more frustrated in the end.   The computer could help her calculate the coordinates, but only up to a certain accuracy.    Without the navigational computer to read data and adjust course automatically, the best she could manage would almost certainly be billions of miles off-course.   Persistence was her only hope.  Each try would bring her closer and closer to the target, and then she would finally reach the goal.  
She only hoped that there would be something to find when she got there.
*******
[26 May 234 Before Age.  Planet Pflaume.]
There was no trace of Xibuyas or King Rehval on Pflaume City.   By now, Luffa could only assume that they had either escaped or been killed in the attempt.  Alone, and with nothing better to do, she focused on keeping herself alive.  
The battle with her son had severely damaged the city's interior, though they had both been careful not to hit the outer hull.   That didn't seem to matter much, as the low groaning she heard suggested that the hull had been taxed to its limits anyway.   A city directory on one of the less broken levels showed her the way to the operations center, where a crew of engineers and technicians normally kept the city floating in the Pflaumian atmosphere.   This crew had abandoned their posts along with everyone else in the city when Rehval had it evacuated, but Luffa expected to find something she could use at their stations.   Information, equipment, supplies, any of these would improve her chances.
The ops center was located near the bottom of the city, requiring Luffa to dig through tons of debris to get at it.   Blasting her way through was too risky, so she burrowed down the old fashioned way.   To conserve her strength, she powered down to her normal form.    Her Super Saiyan power gave her the strength to clear the rubble faster, but speed would get her nowhere if she damaged the very facility she was trying to reach.    For an hour, she threw chunks of metal and plastic over her head, occasionally using her ki to cut through the more unwieldy pieces.   The hull continued to groan, and she was sorely tempted to transform again, though she could find no practical purpose for it.  
"I don't need you," she muttered, addressing her transformed self.   Over the years, she had gotten used to the idea that her transformation was a part of her, but never completely.   Early on, it had taken a great deal of concentration just to suppress it, and even then it seemed to claw at her from the inside of her skin, demanding to be released.    In a way, she was more comfortable in that form.   Her senses were sharper, and her body was stronger and faster.    
Instead, she curled her tail around her body, and looked at it while she dug.  This had been her source of strength throughout her life.   The tail was the weakest, most vulnerable point of the Saiyan anatomy.   It could be overcome, but the training needed to strengthen the tail was far more difficult than the work needed to build up an arm or a leg.  It was a rite of passage for a Saiyan warrior, or at least that was what her mother had taught her.    For most Saiyans, overcoming the tail's weakness was the most harrowing challenge of their lives.  Defeat that, her mother had promised, and you can defeat anything.    For Luffa, training her tail was probably the fifth or sixth greatest ordeal of her life at this point, but it still gave her comfort in times of trouble.  
Only, this time, it wasn't helping much.    Looking at her tail only reminded her that Rehval had cut his own tail off.   He was the king of the Saiyans, and he preferred to mutilate his own body rather than deal with a minor inconvenience.    Then he took her own son from her, raised him as his own, and cut off his tail.   There were plenty of Saiyans on Planet Saiya who still had their own tails, but it apparently didn't bother them at all to be ruled by a man who would willingly amputate his own.   He took children from their mothers, and his subjects meekly tolerated this.   It made her sick to her stomach, and as the rage welled up inside her, she wanted to release it in a storm of golden light--!
No.  She refused to give in to that.   This was a battle, as much of a battle as she had faced with any warrior.   Her opponents were time and despair and the environment.  She had to stay focused, or they would destroy her, and then King Rehval would be able to claim victory.   She refused to give him the satisfaction.   And so Luffa denied her Super Saiyan power, refusing to indulge the golden thing that howled from within her.  
When she reached the operations center, she was encouraged to find that it was well-reinforced, and had withstood the upper levels collapsing down onto it.  It also had very little in the way of security, and she was able to force open a door and reseal it with no difficulty.    Luffa found a command terminal and called up a status report.  The good news was that the hull had not been breached, and the ops center was designed to be able to function and sustain a crew even if the rest of the city were to be destroyed.     That meant this was the safest place to wait for help to arrive.  
The bad news was that the city was losing altitude.  Planet Pflaume was an ice giant, and while Luffa had a general understanding of its composition, the ops center computers gave her a precise display of her problem.   Unlike terrestrial planets, Pflaume had no solid surface.   Its core was composed of iron, nickel, and silicates, and this was surrounded by a mantle of "ice"-- a mixture of water, ammonia, and methane.   Despite the term "ice", these chemicals were actually hot and fluid because of the immense pressure at that depth  Without a solid crust to separate the mantle from the atmosphere, this boundary was arbitrarily defined by a certain pressure: about 1.5 million pounds per square inch.   Similarly, the "surface" of Pflaume was arbitrarily defined as the depth where the atmospheric pressure was equivalent to that of a terrestrial planet, about 15 pounds per square inch.   Pflaume City floated just below this altitude, and while it was designed to withstand higher pressures, the outer hull would buckle if it sank too far into the planet.  The city's propulsion systems were riddled with backups and failsafes to keep it aloft, but these had been damaged during the battle, or Rehval had sabotaged them to make certain she never escaped the city alive.   According to the computers, she had very little time left.    
She stood up from the command terminal and searched for any food the crew had left behind.  The situation was grim, but she saw no reason to die on an empty stomach.   There were several crates of emergency rations in a back room, and she devoured these as quickly as she could, using the time to consider her problem.  
It was conceivable that she could move the entire city with the power of her Super Saiyan form.  She had never tried anything like that before, but she couldn't rule out the possibility of simply carrying the entire city to a safe altitude.  The problem was that she would have to concentrate her force onto a single point somewhere along the city's superstructure, and she suspected that it wasn't designed for that.   It would be like trying to balance a large animal on the tip of a nail.   Even if the nail were impossibly durable, the animal would simply be punctured by the nail and fall.  
The ops center was smaller, and she considered trying to cut it apart from the rest of the city, but she wasn't sure if it was designed to support a crew without the rest of the city surrounding it.   The temperature outside was well below the freezing point of water, with gusts of wind moving at supersonic speeds.  There was no oxygen to breathe in the Pflaumian atmosphere either.  As strong as Luffa was, she would be killed almost instantly if she ventured outside the city.  
"I'm trying," Luffa said aloud as she drummed her fingers on a table in the ops center break room.    None of this would matter unless someone came along to find her.   Even if she found a way to keep the city floating, sooner or later something else would go wrong, or she would exhaust her supplies of food and water.   The only thing keeping her going was the fact that Zatte was headed for Pflaume City when they parted, and the only thing Rehval had done to stop her was to send that homunculus after her.   Pozet was nothing more than a cheap copy of Zatte, and Luffa was completely confident that the copy was no match for the original.  She was certain that Zatte had defeated it and was on her way.   All Luffa had to do was stay alive in the meantime.    She had let Zatte down before, but she could honor her in this respect at least.   She could find a way to survive, and then...
Before she could continue on that train of thought, an alarm sounded in the ops center.    Luffa leaped up from the table and raced back to the command terminal.  She couldn't imagine how things could get any worse, but the status report explained it all very simply.    
Two of the propulsion thrusters were gone.  For a moment, she thought that the computers were telling her that they no longer functioned, but then she realized that they were literally no longer connected to the hull.
Luffa had no idea how this had happened, but her best guess was that they had been shorn off of their mountings by the atmospheric currents.   By now, the city had fallen to an altitude where the pressure was several times more intense than normal.   While the hull could withstand that pressure, the weather patterns buffeting the city were now denser, and the winds hit with greater force.   Without those thrusters, the city would only sink even faster, and sustain even more damage.   There was no time to waste.   She had to do something quickly, before--
Suddenly the entire city shook, and she heard a very loud noise.  It was already too late.   She checked the readout at the command terminal, which confirmed her worst fears.    Methane levels had skyrocketed in the past few minutes.   The outside atmosphere was leaking into the city, and that could only mean the hull had begun to crack open.   The ops center was still safe for the moment, but she only had a few minutes left.    She had to do something, and quickly, before--
And then, at last, Pflaume City imploded.
NEXT: The Morning After.
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babiesjeep44-blog · 5 years
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Attorney General Jeff Sessions resigns at President Trump's request
WASHINGTON --
Attorney General Jeff Sessions was pushed out Wednesday after enduring more than a year of blistering and personal attacks from President Donald Trump, who inserted in his place a Republican Party loyalist with authority to oversee the remainder of the special counsel's Russia investigation.
Sessions told the president in a one-page letter that he was submitting his resignation "at your request."
Trump announced in a tweet that he was naming Sessions' chief of staff Matthew Whitaker, a former United States attorney from Iowa, as acting attorney general. Whitaker has criticized special counsel Robert Mueller's investigation into potential coordination between the president's Republican campaign and Russia.
RELATED: Who is Matthew Whitaker, acting US Attorney General?
The resignation was the culmination of a toxic relationship that frayed just weeks into the attorney general's tumultuous tenure, when he stepped aside from the Mueller investigation.
Trump blamed the decision for opening the door to the appointment of Mueller, who took over the Russia investigation and began examining whether Trump's hectoring of Sessions was part of a broader effort to obstruct justice and stymie the probe.
Asked whether Whitaker would assume control over Mueller's investigation, Justice Department spokeswoman Sarah Flores said Whitaker would be "in charge of all matters under the purview of the Department of Justice." The Justice Department did not announce a departure for Deputy Attorney General Rod Rosenstein, who appointed Mueller more than a year and a half ago and has closely overseen his work since then.
Whitaker once opined about a situation in which Trump could fire Sessions and then appoint an acting attorney general who could stifle the funding of Mueller's probe.
"So I could see a scenario where Jeff Sessions is replaced with a recess appointment and that attorney general doesn't fire Bob Mueller, but he just reduces his budget to so low that his investigation grinds to almost a halt," Whitaker said during an interview with CNN in July 2017.
Asked if that would be to dwindle the special counsel's resources, Whitaker responded, "Right."
In an op-ed for CNN, Whitaker wrote: "Mueller has come up to a red line in the Russia 2016 election-meddling investigation that he is dangerously close to crossing."
The relentless attacks on Sessions came even though the Alabama Republican was the first U.S. senator to endorse Trump and despite the fact that his crime-fighting agenda and priorities - particularly his hawkish immigration enforcement policies - largely mirrored the president's.
But the relationship was irreparably damaged in March 2017 when Sessions, acknowledging previously undisclosed meetings with the Russian ambassador and citing his work as a campaign aide, recused himself from the Russia investigation.
The decision infuriated Trump, who repeatedly lamented that he would have never selected Sessions if he had known the attorney general would recuse. The recusal left the investigation in the hands of Rosenstein, who appointed Mueller as special counsel two months later after Trump fired then-FBI Director James Comey.
The rift lingered for the duration of Sessions' tenure, and the attorney general, despite praising the president's agenda and hewing to his priorities, never managed to return to Trump's good graces.
The deteriorating relationship became a soap opera stalemate for the administration. Trump belittled Sessions but, perhaps following the advice of aides, held off on firing him. The attorney general, for his part, proved determined to remain in the position until dismissed. A logjam broke when Republican senators who had publicly backed Sessions began signaling a willingness to consider a new attorney general.
In attacks delivered on Twitter, in person and in interviews, Trump called Sessions weak and beleaguered, complained that he wasn't more aggressively pursuing allegations of corruption against Democratic rival Hillary Clinton and called it "disgraceful" that Sessions wasn't more serious in scrutinizing the origins of the Russia investigation for possible law enforcement bias - even though the attorney general did ask the Justice Department's inspector general to look into those claims.
The broadsides escalated in recent months, with Trump telling a television interviewer that Sessions "had never had control" of the Justice Department and snidely accusing him on Twitter of not protecting Republican interests by allowing two GOP congressmen to be indicted before the election.
Sessions endured most of the name-calling in silence, though he did issue two public statements defending the department, including one in which he said he would serve "with integrity and honor" for as long as he was in the job.
The recusal from the Russia investigation allowed him to pursue the conservative issues he had long championed as a senator, often in isolation among fellow Republicans.
He found satisfaction in being able to reverse Obama-era policies that he and other conservatives say flouted the will of Congress, including by encouraging prosecutors to pursue the most serious charges they could and by promoting more aggressive enforcement of federal marijuana law. He also announced media leak crackdowns, tougher policies against opioids and his Justice Department defended a since-abandoned administration policy that resulted in parents being separated from their children at the border.
His agenda unsettled liberals who said that Sessions' focus on tough prosecutions marked a return to failed drug war tactics that unduly hurt minorities and the poor, and that his rollbacks of protections for gay and transgender people amount to discrimination.
Some Democrats also considered Sessions too eager to do Trump's bidding and overly receptive to his grievances.
Sessions, for instance, directed senior prosecutors to examine potential corruption in a uranium field transaction that some Republicans have said may have implicated Clinton in wrongdoing and benefited donors of the Clinton Foundation. He also fired one of the president's primary antagonists, former FBI deputy director Andrew McCabe, just before he was to have retired - a move Trump hailed as a "great day for democracy."
Despite it all, Sessions never found himself back in favor with the president.
Their relationship wasn't always fractured. Sessions was a close campaign aide, attending national security meetings and introducing him at rallies in a red "Make America Great Again" hat.
But the problems started after he told senators during his confirmation hearing that he had never met with Russians during the campaign. The Justice Department, responding to a Washington Post report, soon acknowledged that Sessions had actually had two encounters during the campaign with the then-Russian ambassador. He recused himself the next day, saying it would be inappropriate to oversee an investigation into a campaign he was part of.
The announcement set off a frenzy inside the White House, with Trump directing his White House counsel to call Sessions beforehand and urge him not to step aside. Sessions rejected the entreaty. Mueller's team, which has interviewed Sessions, has been investigating the president's attacks on him and his demands to have a loyalist in charge of the Russia investigation.
Sessions had been protected for much of his tenure by the support of Senate Republicans, including Judiciary Committee Chairman Chuck Grassley, who had said he would not schedule a confirmation hearing for another attorney general if Trump fired him.
But that support began to fade, with Grassley suggesting over the summer that he might have time for a hearing after all.
And Republican Sen. Lindsey Graham, another Judiciary Committee member who once said there'd be "holy hell to pay" if Trump fired Sessions, called the relationship "dysfunctional" and said he thought the president had the right after the midterm to select a new attorney general.
(Copyright ©2018 by The Associated Press. All Rights Reserved.)
Source: https://abc7chicago.com/politics/attorney-general-jeff-sessions-resigns-at-trumps-request/4640653/
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beimanorthrun-blog · 5 years
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Dating guy 5 years younger than me
The secret of a happy marriage? ... find a man 5 years older who hasn¿t been hitched before These days, most 27 year olds aren't settled - male or female.  Tbh i've dated has had the older than me and he's 15 years difference did not exactly sure how she warns.  My age has been a huge barrier for some to open their minds and hearts and get to know me simply as the person whom he loves.  Heidi klum shares what biblical advice is.  Finally, when does an age gap become too big? I'm not crazy and thinking I want to marry him already or get babies popped out.  Because of this, we had different income levels and expectations for social activities.
What do you think on dating younger guys, like 6 His co-hots, fred tried dating someone else happy.  I have learned a few things to help me get by, and to remind me that our love is worth fighting for: 1.  You used to be a whole different person and some of your ideas and beliefs have changed overtime.  I've never dated someone this much younger than me before, but we really get along well and so far I really do like him.  And remember, it's kind of sexy when a man feels empowered enough to discuss his feelings.  The theme that the social order reinforces often is the message that these relationships are a bad thing-and even under the best of circumstances-are only a temporary thing.
Dating a Younger Guy She may be younger, but her feelings are just as genuine as yours.  Do dress well Someone once told me a useful rule when it comes shopping for your age.  Get your head out of your ass and focus on being so amazing that he can't imagine not being with you, and then keep doing that.  Great responses everyone i've dated men and 47, is there's a guy is a younger than me.  Dating him was remarkably easy.
Dating someone 5 years younger than me There are people out there dating others that ar 20-30+ years younger than them.  It's not about age - it's about compatibility.  Nothing Went wrong, I still talk to her every once and a while through Facebook.  Analysis of the data showed that the most stable couples were — unsurprisingly — those who had never divorced.  I can see how he might not take things seriously I don't always but it also depends on what you are talking about.
Dating a Younger Guy Crazy ex-girlfriend season 4 netflix release date a half her.  Again, all these ideas are based on stereotypes — primarily, that youth is one of the only valuable traits a woman possesses when dating, and that to take a pass on using it as a bargaining chip to find a more desirable mate is insane.  This is totally premature and a surefire way to make him think you have baby rabies.  There's absolutely no way to predict what a single individual will think about this, and most people imagine their future one way and things turn out differently.  Copyright © 1996-2019 FriendFinder California Inc.  But one group of statisticians begs to differ.
'I Dated A Much Love harder, stronger and with more passion and show the world that love can prevail.  I was the immature one for not recognizing it early on.  If you want to make things work, be sure you can handle the following.  With almost a decade on my side, I definitely had way more dating experience.  I choose to act with courage and grace.  We were in completely different life phases.  Psychologists then analysed the importance of each factor to build up profiles of an ideal marriage and a nightmare couple.
Relationship Advice for Women: Dating a Younger Man Reading the other post on about the 31F and 25M where she thinks he's going to propose and he just wants casual got me thinking about my own dating situation and no, I'm not that girl.  This is not the choice someone else may have made, they may have gone down a different path, or chosen a different type of partner.  Secondly, you mentioned that he is 27 and not yet settled.  If you act like a freak about this, you are guaranteed to make him think dating a woman a few years older is a bad idea, so your only path forward is to follow my previous recommendation to keep your mouth shut and be awesome.  The true waste of your time is dwelling on this issue in a way that drives perfectly good men away from you.
What do you think on dating younger guys, like 6 That means you should be an awesome girlfriend instead of an insecure psycho who him to predict the future.  It's a common mistake for men, when faced with a saggy arse and uneven skin tone, to either give up completely or attempt to distract attention with a level of sartorial experimentation that smacks of desperation.  Looks don't matter as long as two people care , understand and deeply love each other.  Not to p--- on your parade, but be aware that most of us 20-somethings are more than capable of being pretty damn lazy and stubborn too.  Age is definitely just a number! Dear Lucia, I'm dating a man who is 5 years younger than me and not settled in his life yet.  If you want to be married within the next 2 years, then you need to ask yourself if he could possibly be the one.  It is a little illusion that will remove what you feel.
7 Truths About Dating Younger Men Five years later they followed up 1,074 of the couples to see which had separated.  In reality, strangers hardly know there is much of an age difference between us, and they're almost certainly unaware that the difference is about 12.  They don't mind the power inequity, while men who are closer to my age feel the need to battle for the position.  I have wrinkles … I have cellulite.  Her practical know-how makes her the perfect candidate to dispense relationship advice; after all, in almost every dating dilemma she has been there, done that and lived to tell about it.  To date someone younger is to consciously reject a lot of this.  Last year, is three years older than i thought was 72.
Dating someone 5 years younger than me I do eventually want to get married and have kids, and whereas before I paid little attention to my own biological clock and didn't worry, now since I've turned 30 I'm becoming slightly more aware.  While some men might be perfectly fine with it, others may feel emasculated if he feels he's unable to provide for you, she adds.  I you asked me before him, I would've said that I don't date younger guys.  I know that some 26 year old men are ready to think about it, but I also know that some might have the views of that other guy. The truth is, we've been sold a bill of good.  I know that this is something for them to process, and not for me to have to explain.
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debrahnesbit · 5 years
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The LawBytes Podcast, Episode 10: Lowdown on Lawsuits – James Plotkin on Copyright Threats, Notices, and Lawsuits
Copyright threats and lawsuits against individuals have been around in Canada since 2004, when they were rejected by the federal court. Those threats receded for about a decade, but now they’re back. Copyright notices, litigation threats, settlement demands, and actual lawsuits have re-emerged at the very time that the music and movie industries are experiencing record music streaming revenues in Canada and massive popularity of online video services. James Plotkin, a lawyer with Caza Saikely in Ottawa, joins the podcast this week to help sort through what the notices mean, the implications of the threats and lawsuits, and where Canadian law stands on the issue.
The podcast can be downloaded here and is embedded below. The transcript is posted at the bottom of this post or can be accessed here. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.
Credits:
House of Commons, November 27, 2018 CBC News, Infringement Notices CTV News, Company Collects 1 Million IP Addresses of Canadians Suspected of Illegally Downloading CBC, As it Happens CBC, Mainstreet NS
Transcript:
LawBytes Podcast, Episode10.mp3 | Convert audio-to-text with Sonix
Michael Geist: This is Law Bytes, a podcast with Michael Geist
David Lametti: What began to happen in Canada, Mr. Speaker and I saw this myself a number of times in my teaching is that American rights holders through American law firms would often allege content infringement in Canada and send out a letter saying you’ve You’ve infringed copyright. We’re going to sue you please pay x thousands of dollars by clicking on this link and we will forget this. And sadly Mr. Speaker a number of people didn’t realize that this kind of claim was actually being made against Canadian law in contravention of Canadian law and actually paid out.
Michael Geist: Copyright threats and lawsuits against individuals have been around for awhile. The Canadian Recording Industry Association, which now calls itself Music Canada, led the charge way back in 2003 with threats to sue Napster users. Lawsuits were launched a year later but were rejected by the Federal Court citing a confluence of concerns involving evidence privacy and the state of Canadian copyright law. Those threats receded for about a decade but now they’re back. Copyright notices, litigation threats, settlement demands, and actual lawsuits have reemerged at the very time the music and movie industries are experiencing record streaming revenues and massive popularity of online services. There’s a lot of confusion and concern about what’s happening. What the notices mean,the implications of the threats and lawsuits, and where Canadian law stands on the issue. Here to help sort through what’s going on is James Plotkin, a lawyer with Casa Saikeley in Ottawa who has taken on several of these copyright cases.
Michael Geist: Grateful to you for coming on and helping unpack a little bit what’s taking place. I feel like for this episode in particular we need the caveat this is not legal advice we’re having a conversation about our understanding of the law.
James Plotkin: Of course I would never give legal advice into a microphone at a podcast.
Michael Geist: Good to hear no nor should you. So why don’t we start by clarifying the difference between the threats that people are seeing often times through the notice and notice system as opposed to the lawsuits and why don’t we start with the threats and the notice and notice system.
CBC News: Did you hear the one about the 86 year old grandmother who is facing a five thousand dollar fine for illegally downloading a zombie killing video game. It’s no Halloween joke. Ontario’s Christine McMillan recently received two emails claiming she had illegally downloaded Metro 2033. She says she’s innocent and insists her wireless connection may have been hacked. Well guilty or not, McMillan is one of tens of thousands of Canadians who received similar notices. Part of the new rules that came came in under changes to Canada’s Copyright Act.
James Plotkin: The notice notice system came in 2012 when Canada modernized its copyright legislation and this was heralded as a quote unquote made in Canada approach to dealing with online piracy of music, films and other copyrighted content. This was in juxtaposition with the notice and takedown system that was in effect and has been in effect in the United States since about 2000 under their copyright legislation called the Digital Millennium Copyright Act. And so the way the notice and notice system works essentially is a rights holder may send a notice of purported infringement or notice of infringement to an ISP and the ISP then without actually disclosing the identity of the subscriber forwards that to the subscriber with usually an introductory text saying you know we received this from the rights holder. We have not verified its veracity but here it is. And then the content of the notice comes to the individual.
Michael Geist: So the any piracy agency or the rights holder whoever happens to be sending these notices doesn’t know the end of the identity of the individual and the ISP isn’t disclosing it. They’re merely serving as a conduit to transfer on this message.
James Plotkin: Correct. And that’s under the notice and notice regime and I’m sure we’ll talk a little bit more about some other mechanisms that rights holders are used to in fact get at that information. But the notice and notice is an administrative process essentially that’s supposed to act as an educational and deterrence tool to individuals who hopefully by receiving one or more of these notices will curb whatever habits that they have been doing online to the extent that those individuals subscribers themselves actually have done the infringement. That’s a totally different matter. They may not have been the individuals who infringed if anyone did at all.
Michael Geist: Okay right. So that I think that’s important point to make. So we’re talking here about an allegation based on some entity trying to monitor activity online. This isn’t proof, it’s not determinative it’s not a judgment.
James Plotkin: It’s not proof it’s not determinative. And again it’s meant to be a notice it’s not any proof of that leak first of all that legal rights even exist and to the extent that they do that they’ve been infringed. And to the extent that they exist existing have been infringed that they’ve been infringed by the individual who receives the notice because we have to recall that the ISP forwards this information to their subscriber. But if you have six people living in your house and 20 people visiting and using the Wi-Fi it might very well be that someone other than that subscriber did the infringement to the extent that there was one.
Michael Geist: OK fair enough. And do the ISP have to forward on these notices?
James Plotkin: And in fact they do. And while there are no damages or any remedies against individuals who received notices there are statutory damages under Section 41.26 of the Copyright Act that can be levied against the ISP for failing to comply with the system and in fact one of these rights holders called me to productions is currently pursuing TekSavvy a Canadian ISP attempting to get these statutory damages for alleged failures to properly forward these notices.
Michael Geist: Ok so the internet providers themselves obviously aren’t self generating the notices they’re serving as this conduit forwarding on the notices and under the current system effectively they’ve got no real choice but to forward on those notices or the ISP itself faces the prospect of real liability.
James Plotkin: That’s correct.
Michael Geist: And it’s interesting. My understanding is the systems was in place well before it became formalized within the copyright act in 2012 and then took a couple of years until it actually took effect but this was used on an informal basis for for many years and seemed to have some amount of effectiveness in terms of addressing the behaviour that been talking about. So where did we go wrong in terms of what what we see taking place right now.
James Plotkin: Well I suppose whether we went wrong depends on depends on who you ask. My one of my issues with this system from my perspective is that up until recently and and quite recently in fact the content of these notices were not regulated at all. So rights holders could essentially put in whatever they want. And I think there may be varying levels of classiness by people in their notices I think some had more of a shakedown approach where as others were actually trying to educate and deter further infringements. And this all changed. Recent about six months ago in fact when parliament part of the budget bill. I believe it was C-86 introduced an amendment to Section 41.25 of the act and added a subsection 3 which prohibited the inclusion of certain content and among that offers to settle and any request or demand from it for either payment for an alleged infringement or for personal information. So this could not be used as a way to actually get at the person’s identity or to extract a settlement from them directly.
Michael Geist: Ok so when you say some were being used as a shakedown essentially what you’re saying is that some were putting in some sort of settlement demand or legal demands in the notification itself.
CTV News: Frankly this sounds a little bit creepy. So now I know what it does. I think you know if there’s a million Canadians out there million Canadians being monitored who exactly is doing the monitoring and what kinds of information do they have. Ok. Well we are one company that is doing monitoring of pirated content. So we’re not monitoring people we’re monitoring the pirated content. If people go to the pirated content to download it they may become subject to our monitoring effort.
James Plotkin: Yes. I’ve seen I’ve heard anecdotally and in one instance I’ve actually seen one of these notices from from way back and yeah the content as I said there are varying degrees of classiness. I mean I recently a client of mine showed me one from HBO and they didn’t do that. It was really more of an education approach. They didn’t threaten the lawsuit they didn’t threaten to take legal action but you know left them on the table of course in the event the infringement continued and he also said that it came remarkably quickly. So this individual had downloaded an episode of the popular show Game of Thrones and he said that shortly within five or 10 minutes after having completed the download he had received a notice from HBO or from the ISP or HBO via the ISP quite quickly in fact and so they asked why.
Michael Geist: Within minutes of downloading it went from HBO or ever does the monitoring for them to the ISP and then forwarded along directly the subscriber.
James Plotkin: Within minutes and so it seems HBO might have even a more advanced content surveillance system than others but that’s I’m just speculating.
Michael Geist: Well that’s pretty amazing to hear the speed with which they were able to do that. Now for those that were so-called less classy they’re including I assume they included some kind of link ultimately to saying if you if you pay if you please click on this link or click on this link and there there would be some sort of page that would allow the person to pay a fee presumably and then settle the claim they’re doing so without knowing who the person is, without having proven the allegation, they’re just in a sense taking advantage of a subscriber who might not be aware of the fact that they don’t know any of that and simply pay out of fear for what might come next.
James Plotkin: That’s right. And that’s well that’s what I’ve heard and I. To be fair I haven’t seen one of those with the link itself but I have heard again anecdotally stories of that nature and you know is frightening language is intended to extract settlement from people who may or very well may not have perpetrated the act of alleged infringement. And so that I think was a concern and I think it was borne of that concern that this new amendment to the law came in effect and actually started regulating the content and I know that this was criticized by certainly some people for not having happened sooner.
Michael Geist: Sure. And I think I was one of those people.
James Plotkin: You might have been.
Michael Geist: I should note that I have seen some of those those notices there was a period of time where I was getting e-mails from recipients, certainly on a weekly basis. Not sure what to do. And and left left feeling rather helpless and a little bit hopeless because it can be I think for a lot of people are pretty scary thing to receive what feels like a legal demand. So the government sought to address this by by prescribing as you suggest limits on the language.
CBC As It Happens: What happens when say HBO finds out that you have been illegally downloading the game of thrones is that they send an e-mail to your Internet provider. And as of Canadian rules that came into effect in January 2015 your provider then has to ask that e-mail on to you. And that is what has been happening at the University of Manitoba repeatedly.
Michael Geist: Is this likely to to address the problem.
James Plotkin: Well I suppose time will tell and I can’t claim to have any real empirical information on this although one hopes that to the extent that the notices can no longer demand settlement or give any kind of indication that liability has been proven or found or that the person who receives notice themselves are the ones who are liable if anyone should hopefully cause people at least the careful readers to maybe look at blogs like yours or other sources online to kind of you know inform themselves as to what these notices really are and I guess the most we can hope for is outside education spurred on by a less aggressive content in the notices.
Michael Geist: Let’s hope so, in the sense if you believe this is a problem and I certainly do. I know for myself having spoken to at least a couple of ISPs there is a lingering concern that the they may still be forwarding on many of these notices and I think at least anecdotally that’s what’s taking place in part because there is while there may be rules now about what can be included, there is no standardization in terms of what’s included in the notices. Is more or less classy so to speak. And if you’re trying to forward on those notices as quickly as apparently they are sometimes literally doing it within minutes, the ability to actually dig into whether or not it includes any of the content that might be offside with the government wants to see in a notice represents a significant challenge because it doesn’t say that you can’t forward that notice it merely says you’re not required to forward it on a notification if it includes that information.
James Plotkin: Right and I think to that point and it’s a good one. These processes obviously in the HBO case but certainly as far as I’m aware across all of the ISP certainly the big ones is is an automated electronic process. It’s not a manual one. And for those who are more interested about kind of the mechanics at least about how Rogers does this I would commend to you to look at the oral submissions and read the facta of the parties to the Voltage and Rogers case that the Supreme Court decided recently because they go into some detail. Counsel for Rogers goes into some detail on really how this is done on the ground and it’s certainly not an individual saying oh well here’s a notice and here’s what it says and they’re not really checking it for compliance in that way as far as I’m aware. And as far as the argument indicated to me when I viewed it right.
Michael Geist: And I think that’s my understanding too the numbers are just too big. Terms of being able to look at this individually for an ISPs perspective that provides a useful segue into the other side of the story and in the sense the Rogers Voltage case sort of sits a little bit in the middle with some of the stuff because it of course had references to notice and notice and litigation as well perhaps why don’t we unpack a little bit that case and then get into the other side of what we’re seeing taking place which is the lawsuits side.
James Plotkin: Sure. The Rogers and voltage cases actually I think useful in a couple of respects. But if I boil it to its essentials it was really about whether and to what extent an ISP can charge for the cost of complying with what’s called Norwich order and explain what that isn’t just a second. Over and above what they have to incur to affect their duties under the notice and notice regime because under the Copyright Act the there are certain obligations in the court in this case and both express and from those flowing from them implied obligations as to information retention management sending the information along as regards the notice and notice regime. And currently while the law leaves room for the Governor in Council to permit the ISP to charge for that currently there is no such prescription and so for that reason as interpreted by the courts, the ISP is are forbidden from charging any fee for compliance with the notice notice regime.
Michael Geist: Okay, let’s just pause for a second to make sure that that everyone’s clear on that system we’ve talked about how ISP ISPs are processing large numbers of of these. The system envisions the possibility of ISP charging for this but only if the government sets a fee. And at the moment the government hasn’t set a fee. So from an ISP perspective one of the reasons presumably they have sought to automate this isn’t just volume but it’s of course the cost because at the moment all of those costs are being incurred by ISPs and ultimately arguably it’s going to be subscribers, Internet users that are going to bear some of these costs assuming that those costs get offloaded at the end of the day as part of what we pay monthly for Internet services.
James Plotkin: Correct. Okay I agree.
Michael Geist: All right. So they’re not charging for it. The in the case case in this case. So in the Supreme Court of Canada case talks about that interface between the notices and then Norwich order.
James Plotkin: Okay. So Norwich order is essentially a third party discovery order that permits somebody in this case a rights holder to obtain information from a non-party that isn’t necessary to prosecute the action. And so in this case the way these lawsuits have gone and there were a number of them there’s the famous voltage pictures reverse class action. But in fact there’s 16 or 17 other these lawsuits smaller ones going in the federal court and you can talk about that later. The way that these work is the rights holder generally enters into an agreement with a third party Internet surveillance company that monitors the BitTorrent protocol to ascertain which IP addresses are in the swarm and uploading and making available the work at any given point in time and then with the IP address the rights holder can determine which ISP the person is with but does not have their identity and so in order to actually send the individual a statement of claim and serve them and get the actual legal process going against them what they do is begin the claim against John Doe’s against basically placeholder defendants obtain Norwich orders from various ISP is to disclose the subscriber information and then sue those individuals. And that’s essentially the the system that has been going in the federal court now for a couple of years.
Michael Geist: So rights holders or at least the agents working on behalf of these rights holders actively monitoring internet traffic identify IP addresses. But in doing so don’t necessarily know who those individuals are though they will know from the IP address block which which provider the person happens to be using it. And once they’ve done that they’re then able to use this legal process to effectively require the Internet provider to disclose the identity of the subscriber so that they can proceed with their legal action.
James Plotkin: Exactly and now looping back into Rogers and Voltage that case was about what again as I said whether and to what extent the ISP can charge for the cost of complying with the Norwich order for any activities that are not expressly or impliedly already required to discharge their notice and notice obligations because as we discussed they can’t charge for that and there is the court found some overlap as a technical matter in what has to be done for one in the other. But the court found that it was not an entire overlap and therefore sent it back to the federal court to actually determine the dollars and cents issues.
Michael Geist: Ok. So that particular case ultimately going to Supreme Court of Canada as you as you indicate leaves open the possibility that at least for the sort of that second stage where if someone is looking now to actually engage in a legal process and sue Internet users there is the possibility that the ISP will can levy some of their costs not the ones that involve the cost of complying for the notice and notice system but additional costs that might be additive that are specific to this kind of litigation.
James Plotkin: Certainly and it could really have a big impact on where the court actually lands on how much can be charge in any given case might have an impact because there’s a big difference being five cents and five dollars and you’re talking about the cost of retrieving thousands and thousands of records. And given that the statutory damages which is likely the remedy that the rights holders seek to obtain on the assumption that they actually want to adjudicate these things on the merits for non-commercial infringement ranges between only one hundred and five thousand dollars there does become a potential cost recovery issue if the cost of obtaining the identities of the would be defendants is restrictive or prohibitively high.
Michael Geist: And I want to continue with the litigation but pause for just one moment because that notion of increased costs to least obtain that information might have a real impact on the ability to pursue this. Is that part in your view of kind of the system as a whole which it seems like is reliant on the notion that individual internet users will not fight that the only way that you can make this work if you are bringing lots and lots of potential actions against Internet users is essentially based on keeping your costs very low either through threats like we saw with notice and notice or through litigation which settles quickly because the moment you start increasing the costs of litigation either to get the in get the identity of the subscriber or potential even further once you actually formally sued having a subscriber say well I didn’t do this or I don’t think I’m liable and I’m going to fight you suddenly now the the system of trying to extract some kind of revenue from these individuals kind of withers away because the costs become prohibitive.
James Plotkin: Correct. And I think there are two sides to that as well. And certainly the rights holders and this argument was made by Voltage in the Supreme Court. This is for them they say in access to justice issue because these are you know individuals or corporations who want to enforce their copyright and they’re saying that based on the system as it is procedurally again that the costs of litigation coupled with the low statutory damages and the frankly inability to prove real common law damages as far as I can tell makes it you know as a practical matter untenable for them to enforce their copyrights. That’s their side of the story. And then the other side as well that perhaps the court system is being used here as a settlement mill in a way that is not necessarily commensurate with adjudication on the merits which is generally the goal of most courts when when claims are brought of course settlement is always encouraged to unburden the court system. But if you’re using the court system specifically as a settlement device rather than for an adjudication I mean query whether the courts will ultimately be happy with that. But you know it has been going on for a couple of years and so at this point I don’t know that anybody has really pressed the issue.
Michael Geist: Fair enough. Now let’s talk about what’s been going on for the last couple of years. You mentioned there are at least a couple of different kinds of lawsuits taking place maybe you can unpack that a little.
CBC News: People over forty five years old can remember a time when you wanted to watch a movie you had to either go to the movie theater or wait for it to play on television. There were no VCR is there was no Netflix, no computers 40 years ago. How the world has changed now people can watch movies whenever they want. And for more choice and titles some people choose to download movies using BitTorrent that are distributing material for free. That has resulted in some people getting letters from production companies saying they’re being sued in what’s called a reverse class action.
James Plotkin: So the one that everybody knows most about is the is the Voltage pictures John Doe reverse class action so-called that is proceeding in respect of the Hurt Locker film. And this was the first one of these Voltage Pictures actions to go although what’s getting a significantly less attention and maybe a little bit more now is the 16 or so other lawsuits started by other movie studios that all appear to be linked with Voltage. I mean for instance all of these films are within the voltage catalogue number one and they’re also all represented by the same counsel. So it seems to me that while these are different plaintiffs in name these there is a common design here. And so these are not proceeding procedurally as reverse class actions or at least not yet or at least not on a formal basis because the lawsuits are commenced as simplified actions which is the simplified rules under the federal courts rules dedicated to cases where the monetary relief in question is fifty thousand dollars or less and there are a few other restrictions so I won’t bother getting into. But what they’re doing is they are once again suing hundreds in some cases well over a thousand individuals with respect to each of these films but they manage to do so by issuing a single statement of claim for fifty dollars whereas any defendant who wishes to defend on the merits because this is not a class defence must actually defend on their own and do so individually retain counsel represent themselves or whatever.
James Plotkin: So the access to justice and cost savings do exist. But I would I would submit that they are perhaps a little one sided in favour of the plaintiff in this instance and the clients that I represent I have a close to a dozen active files in these matters none of them are in the Voltage Pictures because that’s a there’s a whole different issue there with certification. But the individuals who are getting statements of claim in the mail in these other cases are in frankly a more pressing position because they have deadlines to defend or negotiate or settle or and they often really don’t know what to do when they come to me which is what I try to help them with.
Michael Geist: Ok. Let’s just deal with the reverse class action quickly and then move on to the kinds of cases that you’ve been dealing with. So people may be familiar with class actions where there’s a large pool of individuals who may have been harmed in a certain circumstance. Individually their claim may not be worth that much but collectively it may make economic sense to come together and thus use the class action system. What’s a reverse class action.
James Plotkin: Well true to its name it is the opposite of the normal class action wherein the plaintiff is the class. You have a representative plaintiff and you know a class of individuals with whom that person shares common issues and points of contention with one or more defendants. In this instance, it is one plaintiff and a pool of defendants who purportedly have engaged in activities that are common in law or in fact such that they are susceptible to class wide resolution and to just unpack that for a minute. A lot of the time people think that a class action always precedes with respect to the entirety of the claim but that’s not always the case. There are certain and individual issues that are not generally susceptible to class wide determination. You know so for instance causation in a negligence claim would be one damages in any sort of torts claim and indeed in this instance probably would also have to be an individual issue because where within the statutory damages the amount should fall with respect to any individual is dependent on the facts of their case and the factors in the law that are weighed to that effect. So even though this is proceeding as a reverse class action and there might be some common determinations for example that the plaintiff owns copyright in the work that is something that it would could be a common issue and is susceptible to class wide determination because it’s the same in respect of every defendant. But the fact that this is a reverse class action does not mean that everything will necessarily be certified as a common issue and therefore proceed on a class wide basis.
Michael Geist: And where are we right now with respect to this that this particular court quite large claim?
James Plotkin: So we’re now approaching the certification phase. So up until now the class has not as far as I know been exhaustively defined. And there was a security for costs motion that was brought by the representative defendant Mr. Solna and he was successful in obtaining security for costs but not mistaken the amount of roughly seventy five thousand dollars and I think that was fought but ultimately that has now been paid and so now that that’s been paid the process has been unfrozen and to the best of my knowledge and to be fair I haven’t looked at the federal court proceeding queries in a little while on this but I believe they’re now at the certification stage to figure out as I was saying what will be certified, whether there will be a certified class action and if so what issues will be certified for common determination.
Michael Geist: So there’s still several legal hoops to go through here whether or not this gets certified at all and if it does on what basis and then of course there’s the prospect of potential litigation on those issues because that still doesn’t prove that that the in this case let’s say the individual users themselves infringed copyright in violation of let’s say one if that becomes one of the issues that does get certified.
James Plotkin: Mm hmm. And also it’s worth noting that at certification in the ordinary course in a plaintiff’s side class action there is an opportunity and a mechanism for plaintiffs to opt out of the class so that they can pursue things individually. So likewise in this case one would think that defendants at the certification phase or thereafter would have a mechanism for opting out of the class as defendants. So for instance if you know a defendant number one wants to hire their own lawyer and doesn’t want class counsel they should have an opportunity to do so. And in my view that’s a that’s an important procedural fairness and rule of law issue that ought to be respected in the reverse class action context as well.
Michael Geist: So in other words I don’t want to be sued under this class action I should have the right to say I don’t want to be sued under this class action.
James Plotkin: And pursue me individually that that that should be a right and again at this point it’s all kind of up in the air. I know the reverse class action has some precedent in the provincial courts. The case law is kind of few and far between there and I’m not aware of any cases certainly in the IP context where this has happened in Canada. And I believe everyone agrees it’s quite unprecedented. So we’ll have to see how it goes.
Michael Geist: So really a novel case the the other aspect of litigation you’ve alluded to already is that there are whole series of other cases that are proceeding not in the reverse class action side but as more traditional cases although using potentially some some tactics within the Federal Court rules of the Federal Court that raise some issues perhaps we can unpack that a little bit.
James Plotkin: Sure. And I think it’s worth noting that the statements of claim in all of these actions at least the ones that I’ve seen and I’ve seen certainly over half a dozen of them are essentially identical in boilerplate with modifications for the name of the work and other such things. But really these claims are proceeding on two different theories of liability. Theory number one: you the Internet subscriber or the person who downloaded uploaded made the work available communicated to the public by telecommunication so on and so forth and therefore you are liable for infringement for being the person who did the things that only the copyright owner can do. The second theory is what they’re basically going is an authorization of infringement theory. So they’re saying well even if you’re not the individual who who perpetrated the act yourself it’s your internet connection and you are responsible in fact the words negligence and willful blindness if I’m not mistaken or even used in the pleading to suggest that something of a duty of care is owed to I suppose rights holders that if you’re the internet subscriber you’re responsible for what happens on your connection and therefore you have infringed by authorization. And that second theory is the one that I in particular I’m interested in challenging because as I read the case law that’s quite a stretch.
Michael Geist: Well it would be remarkable stretch. It’s essentially saying that anyone who has an Internet service is responsible for a duty of care for how it gets used not just by themselves but anyone who might gain access just to even things like open networks are essentially forbidden because how could you meet your duty of care if you didn’t know necessarily who was accessing your network.
James Plotkin: Correct. And there is case law on authorization of copyright infringement most notably. Well there are a couple of cases but most notably the there’s the BMG case and there’s also the CCH decision from 2004 which is mainly known as the benchmark decision on fair dealing in Canadian copyright law but it also deals with the notion of authorization. And in that case there is an argument that by making available the photocopiers in the Great Library the law society was actually authorizing copyright infringement to the extent that those who use those photocopiers use them to copy more than a fair amount of the work or any book or periodical or what have you. And the court said no, authorization is I can’t recall off the top of my head the words, but instead to countenance to sanction to to to actually proactively do something. The court does say that that as far as the evidentiary burden a quote unquote sufficient degree of indifference might in some instances amount to authorization although I won’t get into the background of this they cite some UK case law that again suggests to me does not support what the plaintiffs are doing here. But more importantly the court also says there is a presumption that when one authorizes someone to use a technology the presumption is that they’re authorizing only licit legal uses. And so that presumption can of course be rebutted. But the fact that in that instance the law society made the photocopiers available was not enough to show authorization and I would suggest that likewise here the fact that the mere fact that I allow you to use my Internet connection does not mean I allow you to do illegal things on it. I mean if we take this argument to the absurd if you use my Internet connection to go on Silk Road and hire an assassin I’m now you know an accessory to a criminal act and you know that’s a different context but I think that that it would be the reductio ad absurdum of this position.
Michael Geist: You know the implications are enormous not just in copyright but but in other ways as well and really would change the way in which arguably change the way in which many people access the Internet are able to access the Internet today. So we’ve got claims both that people are infringing and then they’re using a network that is allowing for infringement and in doing so can be seen to be liable on those grounds. Have any of these cases gone to trial or any of these issues been tested yet.
James Plotkin: No in fact in Canada all of these issues remain untested and all of the cases I was talking about have not passed the pleading stage yet and there’s no sign that they will anytime soon on the basis of the way things have been going because in several of these matters there’s an initial wave of Norwich orders and then people are sued and served and then there’s another wave maybe six months later and another wave six months later. And so you know the pool of defendants grows and grows. But ultimately this is the rights holders way of maximizing perhaps settlement opportunities by kind of having waves of notices and statements of claims that go out and so it kind of refreshes the settlements incentive pool if I could put it that way. I will say also that in the United States the 9th Circuit Court and the courts in California heard a case that is somewhat similar and it’s the law there is not exactly the same and I won’t get into the use idiosyncrasies but the court there found that a merely being the internet subscriber was insufficient to state a claim for contributory infringement which is again not the same but roughly analogous to authorization in the Canadian context.
James Plotkin: And so again while there might be points of distinction I think that’s helpful. And I would also note that in the Rogers case and this was arguably obiter dictum, Justice Brown who wrote for the majority acknowledged at paragraph thirty five of the decision that there may be instances in which the person who receives the notice of being the subscriber is not in his words in fact will not have illegally share the copyrighted content online. And then they say that he says this might occur for example where one I have IP address while registered to a person who receives the notice is available for use by a number of other individuals and so without necessarily coming out and saying it it seems to me that Justice Brown is leaving room for the possibility that simply being a subscriber once again is not enough to amount to authorization and I expect that that is a point that will become live should these cases ever move forward to adjudication.
Michael Geist: So we’ve got some there’s some significant arguments that can be raised certainly on the authorization side clearly including fairly recent Supreme Court jurisprudence that raises some real doubts about that legal theory and we’ve also got some questions even on the other side of their their legal theory does that suggest that Internet users can simply ignore this on the notice and notice side, it’s just a notice they can think about their behavior but they don’t have to respond quite clearly. What about if they happen to receive one of these lawsuits.
James Plotkin: Well I. And again without advising or not advising it would be generally unavoidable to ignore a statement of claim because it would permit the plaintiff to proceed to get a default judgment against the individual which limits or or basically ends their rights to participate in the proceeding unless the default is lifted and then damages can be ordered against them in their absence and of course an undefended proceeding the damages are likely to be higher. And you know that that’s probably not a good strategy to ignore these notices.
Michael Geist: Fair enough. And what kind of damages are we talking about in a copyright context.
James Plotkin: Well again to the extent that the commerce the infringement is non-commercial in nature the well let me take a step back. Under the Copyright Act there are a whole suite of remedies. And with respect to the monetary remedies the rights holder can generally elect either between receiving ordinary common law damages which is damages for lost profits and lost lost opportunity and an accounting of profits which is basically a disgorgment as we say in law of the profits that the infringer made. So that’s one option. The other option to elect is for statutory damages which alleviates the burden of the plaintiff to actually prove any causal connection with the damages and it creates a range. But the law sets out a number of factors including you know the good and bad faith of the parties the need for deterrence a few other things for the court to figure where within the statutory damages range a an award should sit in a given instance based on those facts and again for non-commercial infringement. The range is one hundred dollars to five thousand dollars for all infringements. And that’s important because this means that in principle a person can infringe copyright for a number of years and then it’s really a race to the court. And the first rights holder who seeks to sue may do so and that essentially bars any other rights holder for infringements that occurred up until that point from suing. And then the liability can be renewed after that point but and then there’s commercial infringement where the range is significantly larger it’s between five hundred and twenty thousand dollars on a per infringement basis and there’s no same first a court rule there. Now in most of these cases these would almost certainly all be non-commercial infringements. I think there are some arguments as to whether a landlord who supplies internet is make renders it a commercial infringement and I’m sure that the plaintiffs will make that argument but the case on that is not settled at all either. So certainly for the overwhelming majority of people who receive these statements have claimed their maximum liability almost certainly going to be capped at five thousand dollars. And frankly that would be a pretty high damage award for something like this.
Michael Geist: Ok so so not something that anybody can ignore, but on the non-commercial side the range is hundred dollars at the low end five thousand dollars at the highest end but it sounds unlikely or at least would be unusual to see a judge in a single case go for five thousand dollars. But of course this hasn’t been tested yet.
James Plotkin: Correct. It could. It could happen. But again this is not the sort of financial liability where people have to you know start selling their belongings here. That’s that’s not the issue. But but it is a real court action and it’s not something to be ignored in my view.
Michael Geist: James thanks so much for joining me on the podcast.
James Plotkin: My pleasure.
Michael Geist: That’s the Law Bytes podcast for this week. If you have comments suggestions or other feedback, write to lawbytes.com. That’s L.A. W B Y TE S at P.O. Box dot com. Follow the podcast on Twitter at @lawbytespod or Michael Geist at @mgeist. You can download the latest episodes from my Web site at Michaelgeist.ca or subscribe via RSS, at Apple podcast, Google, or Spotify. The LawBytes Podcast is produced by Gerardo LeBron Laboy. Music by the Laboy brothers: Gerardo and Jose LeBron Laboy. Credit information for the clips featured in this podcast can be found in the show notes for this episode at Michaelgeist.ca. I’m Michael Geist. Thanks for listening and see you next time.
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The post The LawBytes Podcast, Episode 10: Lowdown on Lawsuits – James Plotkin on Copyright Threats, Notices, and Lawsuits appeared first on Michael Geist.
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duaneodavila · 6 years
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Heterodox Academy Has No Vulgarian Auxiliary
As those of you who follow me on the twitters may be aware, I chide Jon Haidt’s love-child, Heterodox Academy, for not letting me be a member of the club. Of course, it’s a club of academics, so why would they? I’m no prof, and what could I possibly do to aid in their mission to provide cover to diversity of thought in academia?
My joke is that they need a Vulgarian Auxiliary (for the unwashed, that’s a play on the “Ladies Auxiliary” to men’s clubs of old) with my being a practitioner rather than a scholar, hence vulgarian. If you don’t get the joke, i can’t help you. Or at least I don’t want to, you joyless tool. But if you insist on reading further, at least try to grasp that it’s humor.
The @HdxAcademy held its first ever conference recently. It was attended by some of the most brilliant voices promoting diversity of thought around. I was not invited. I wasn’t asked to sit on a panel. I wasn’t asked to sit in the audience. I’m pretty sure they had a guard at the door to make sure I couldn’t slip in, even if I wore a tweed jacket with leather patches on the elbows.
But John Paul Wright was there. He’s a professor of criminal justice at the University of Cincinnati. He rides a Harley. He calls himself a “classical conservative.” And since we’re twitter buds, I happen to know that he’s a pretty cool guy. In the aftermath of the HDX conference, he wrote a review that raised some issues.
Heterodox thinking requires room to be made for different views, different ideas, and different voices to be heard. With sufficient heterodox thinking, it is hoped, the bonds that blind and bind people into groups of tribal moral warriors might wither and eventually allow for truth to replace ideology. However, if the first Heterodox Academy meeting is any indication, heterodox thinking poses substantially more problems than even the hardworking leaders of Heterodox Academy realized.
As any multiculturalist will tell you, we all belong to many tribes. The HDX tribe was academics. This may seem obvious to the outsider, but a fish has no reason to think about the nature of water.
Entering the meeting I was immediately struck by the fact it was held in the New York Times conference center—a beautiful area replete with wait staff, security, and a professional grade lighting and recording area. Everything was well orchestrated, professional, and deliberate. And as Jonathan Haidt took the stage, I felt a sense of respect for a man who has not only deepened our understanding of humanity but who has also worked diligently to make Heterodox Academy a reality. He has, in many ways and sometimes against scathing criticism, popularized the idea of intellectual diversity—making the case that people like me, who do not share politically progressive ideals, are also worthy of intellectual respect. His has been a voice of reason, calm, and dignity in a sea storm of increasingly vitriolic rhetoric in academia against conservatives, classical liberals, and libertarians.
There are a few big things wrapped up in Haidt’s vision. Progressive academics believe that anyone who fails to share their Utopian zeal isn’t merely unworthy of intellectual credit, but dumb. After all, if they weren’t dumb, they would be progressive. It’s not as if they want to argue the point, since nobody wants to waste their time matching wits with the witless. Haidt’s purpose was to establish the bona fides of non-progressive intellectualism in the Academy. One can be educated, insightful, even brilliant, and, believe it or not, not be progressive.
This is hard to accomplish, given that progressive ideology is a belief system rather than a rational point of view. You can’t argue with reason against emotion. What you can do, however, is establish a group, call it Heterodox Academy, of scholars who reject the progressive belief that anyone who’s not them isn’t smart enough to fetch their green tea.
Perusing the panelists, however, I began to suspect that this moment in heterodox history might be less than I had hoped. The panelists had impeccable educational credentials; they had all achieved remarkable levels of intellectual recognition, and virtually all of them came from elite universities. Harvard, Yale, Columbia, Princeton, and New York University, to name a few, were all represented. Largely absent, however, were professors of equal ability from state schools, large or small. Familiarity with the political proclivities of elite university professors led me to suspect that few would have much sympathy with those on the Right. I could almost sense the presence of a tribal moral community.
Cutting to the chase, though you should read @CJProfman’s full post, the line-up was not merely the usual suspects from the big name schools (what conference coordinators call “big draws”) but representative of the prevailing mode of thought in the Academy.
Three of the four panelists had a history of social protest: one had protested the Iraq war, another had protested the Vietnam war, and a third appeared have built an entire career around protesting. As I sat there, I recall thinking that, while these people were out building their reputations as progressive leaders, guys like me were in the military or doing the fighting. Our backgrounds were clearly very different, but in academia theirs matter much more than mine do.
Sure, they were there to promote diversity of thought, while they all thought pretty much the same. Even if they accepted the concept of diverse thought, they didn’t think diversely. This is the Academy, where diverse thought ranges from “I would give my student’s life to de-platform Charles Murray” to “I would fight for Charles Murray’s right to speak, even though he’s literally Hitler.”
So why would a vulgarian give a damn about what the effete have to say? The kids you’re turning out, who will join the ranks of the vulgarians, suck. Not all, but too many. They’re so ideologically bound, not to mention bizarrely narcissistic (self-righteous law students arrogantly lecturing lawyers and judges on their “incorrect” understanding of law?), that they can’t do the job. And we’re not their mommies and don’t want to spend our lives dealing with these useless little shits. We’ve got work to do, lives to save, law to make. These kids aren’t nearly as fascinating to us as they are to themselves.
I suspect no one sitting on a panel at the Heterodox Academy conference uttered the words, “you guys are full of shit.” They’re way too civil, not to mention brutally verbose and hide-bound in meaningless jargon, to say what needs to be said. That’s why you need a vulgarian, since our norm of civility is to speak bluntly and honestly, clearly and concisely.
In the land of the blind, the one-eyed man is king. But to mix a metaphor, the king wears no clothes. If none of you scholars have the balls to say so, I’m here to do the dirty work. Plus, I’ve already picked out a logo.
Are you really ready for diverse thought, or are you like the limousine liberals of yore who love black people from a safe distance?
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glenmenlow · 6 years
Text
Essential Mugshot Removal Tips And Tricks
The need for mugshot removal services is growing rapidly, and here’s why:
If you’ve made a mistake or simply were in the wrong place at the wrong time and end up with a mugshot, it’s now on display for everyone.
Mugshot websites collect these photos and post them for everyone to see. Whether you’re guilty of a crime or not, mugshots tend to rank high in search results, and can truly wreak havoc on your personal life and professional accomplishments.
At BrandYourself, we’ve had clients whose charges were dropped, or were found not guilty of minor infractions, yet their mugshots continue to hurt them in all aspects of their lives.
Unfortunately, it’s not clear how to make this problem go away or remove mugshots, and many people end up wasting time and money trying to combat the problem.
Since we constantly get asked about mugshot removal, we wanted to talk about some of the options you have, and what we recommend. There’s no one size fits all approach, but this should help you find what will work best for your situation.
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  Dealing with mugshots? We can help.
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    The Pros & Cons of Mugshot Removal Sites
Mugshot removal can be one of the more murky waters to navigate online. This is because it is still very wide open in terms of what sites can get away with and be held accountable for.
Because of this, shady or illegitimate mugshot removal services have spread like wildfire over the last few years. Unfortunately, many just see this as an opportunity to extort or manipulate desperate people who just want to clean up a silly mistake, or feel that their mugshot being online blows things out of proportion.
Something To Watch Out For
A tactic that started to become more popular over the last few years is mugshot removal sites partnering up with the sites that aggregate/share mugshots online. This is easy business for them, and allows them to easily remove your mugshot when they are actually just middlemen.
The issue with this (other than being unethical) is that they don’t truly have your best interest at heart. They are simply trying to collect a toll from desperate people.
What’s worse is that these mugshot removal sites will sometimes use this connection to try and gouge their customers as much as possible. The first thing they will do is try to establish what your budget is and they say they will reach out to see how much will be required in order to take it down.
After this they will quote a price at the high end of your budget or even slightly higher. The reason for this is they want to get as much money out of you as possible. If you say your budget was $1,000 they might come back and say it will take $1,250 but they absolutely guarantee they can get the mugshot removed or your money back.
They can use their guarantee (since they work with the actual mugshot site) in order to make you feel better about stretching your budget a little bit. What’s an extra $250 as long as it brings guaranteed results right?
Now you might be thinking to yourself, “Who cares if they work with the website as long as they do the mugshot removal effectively?” This is totally understandable, and if it were this easy we would be in your camp as well.
However, it’s much more complex than this. We will get into the details on this further into the post, but the short story is just because your mugshot is removed from one site that doesn’t mean it can’t be found elsewhere.
Your time and money should be used on a strategy that works.
The Mugshot Removal Landscape
As you can see, when it comes to mugshot removal there is a lot to keep an eye out for.
When it comes to sites that claim they can remove mugshots from Google, you should proceed with caution. As we have alluded to, there are a number of websites out there that claim that they will remove a mugshot from another website for a fee. This can range from $100 to $500 or more depending on the site (or your stated budget).
That means to effectively get rid of your mugshot, you would have to seek out a solution for each individual posting – which would not only add up quickly, but would never fully guarantee that the image wouldn’t pop up on another site down the road. It only takes a fraction of a second for a new or existing mugshot aggregator to scrape and add your mugshot to their database, but much longer for you to identify and deal with them one by one.
To make matters worse, many of these sites will just migrate to a new domain name if they get too much pushback on their practices. This makes it very hard to pursue them legally without spending a lot of time and money. The cost for them to move everything to a new site however, is negligible.
Many of these mugshot removal websites have come under fire for these types of practices, and some payment providers like American Express, MasterCard and PayPal are distancing themselves from these sites by not processing their transactions. This is a step in the right direction to be sure, but it’s not perfect. The major issue it that it’s still very hard for these payment processors to identify the small-medium operators in the industry.
Additionally, over the past few years, a number of states have passed legislation that prevents these sites from charging a fee for removal and forbids sheriffs from releasing these images to these pay for mugshot removal websites. While this type of protection against mugshot removal fees is important, remember that there is currently no national standard in place, and that the process is completely dependent on the state. To learn more about those states that currently uphold this kind of legislation and those whose cases are pending, visit the National Conference of State Legislatures.
For those states not yet addressing these sorts of concerns through state law, mugshot removal companies will continue to partner with the sites posting these mugshots and share portions of your fee with the offending site.
In short, it’s on you to take control of what shows up about you online. You unfortunately can’t rely on these sites or the law to do it for you.
How to Get Mugshots Removed
Should You Use These Mugshot Removal Websites Or Not?
If you live in a state that does not allow booking photos and mugshot removal for a fee, you are lucky in that you simply have to file a request to the site and they must then remove the image. If your charges were dropped, dismissed, expunged or your case was sealed, you are in the best possible position to get this image removed.
One thing to be aware of with this is that this is no guarantee that your mugshot will not pop up on another site, or get indexed elsewhere online. While this is the ideal situation to be in, don’t let that prevent you from doing your due diligence and making sure that your mugshot isn’t showing up somewhere else online as well.
If you do not live in a state with these sorts of legal protections and are trying to remove a mugshot from the internet, you can still appeal to these websites directly and include the documentation mentioned above to strengthen your right to removal. It is likely that a fee will be required, though it may not be – depending on the particular site.
If they come back to you with a fee you have a few things to think about. First of all, how much is it? If the cost for mugshot removal is outside of your price range then that ends the discussion quickly (thankfully you still have other options).
You should also be aware of your overall image situation online. If you scour the web and cannot find your mugshot anywhere, they you might consider paying the fee to see if that wraps things up. Again, keep in mind that it’s no guarantee it can’t show up again in the future.
However, if you search for your image online and find that it’s also listed on dozens of other aggregator sites you probably don’t want to pay the fee. It won’t make a dent in solving your overall problem and you will need a wider-reaching solution.
Google Takedown Requests
We hear from many people who want to reach out to search engines directly and try to get them to de-index the mugshot. Unfortunately while Google and other search engines honor certain types of requests, mugshot removal does not often fall under their jurisdiction.
Search engines like Google follow a set of guidelines when it comes to accepting or rejecting removal requests. In the United States, Google will typically de-index web pages that share:
Sensitive info like: social security numbers and other info that could cause identity theft or financial harm
Revenge Porn
Child Porn
Copyrighted Content/Works
Outside of the US, search engines follow the guidelines determined by country when it comes to honoring removal requests. The European Union’s “Right to be Forgotten” compels search engines to de-index outdated and irrelevant information about people online at the behest of those users. If you live in Argentina or a member state of the EU, you can file this type of removal request.
However, this doesn’t mean that they are not in your corner. It’s worth noting that Google released an algorithm update in 2013 that aimed to de-prioritize mugshot results in the rankings because of these controversial “pay for removal” practices. While this might not seem like much, it is a huge help when you take into account our recommended method for mugshot removal.
The Best Solution? Suppression
At BrandYourself, we highly recommend suppression as the most sustainable and proactive method for dealing with mugshot removal, and any other negative content about you online. We have helped thousands of people deal with mugshot issues and can confidently say that this is the most reliable and long-term solution.
By focusing on developing a strong brand narrative and promoting positive web properties, one of the best side effects is that this strategy will push down or “suppresses” negative search results in the rankings. When it comes to dealing with mugshots in your image search results, the good news is that your biggest problem isn’t the website hosting the image, but a lack of images that you control ranking for your name.
Before you jump into the images directly, you want to make sure that your foundation of online properties are set up and optimized. This means you should have a personal website with a domain that matches your name and the core social media profiles created as well (LinkedIn, Facebook, Twitter, and Google +).
When you have all of those created you should optimize them by including relevant information about yourself on the “About me” page of your website and the bios of your social media properties. This will help them rank in the search engines for your name, and will help give any images associated with those accounts a big boost.
If you want to see the step-by-step process you can use our free reputation management software that will walk you through the process.
Now, it’s time to talk images.
If there aren’t very many (publicly accessible) pictures of you online, then pretty much any new image associated with your name will show up in your search results pretty quickly. Whether it’s a mugshot or a flattering picture of you at a friend’s wedding, this new image isn’t competing against much. This means that it stands a good chance of eventually ranking pretty high – especially if it is well-optimized for your name.
Instead of worrying about mugshot removal from Google outright, focus on achieving the same results by upping the number of positive pictures people find of you online.
Here’s What The Image Population Process Looks Like:
Gather Positive Photos Of Yourself:
In order to remove mugshots you are going to need some ammo to make it happen. In this case that means as many positive images of yourself that you can find.
Look online, on your computer, on your phone, old photo albums, anywhere you can. You want to pull together a solid collection of images that you would feel comfortable promoting online. If you’re someone who doesn’t like getting their picture taken very much, it’s time to bite the bullet and take a few.
This is actually a very common concern that a lot of people have when trying to remove mugshots, but here’s how you need to think about it. You already have a negative image floating around on the internet that is likely harming your reputation, so the worst case scenario has already happened. Adding some positive pictures into the mix will only help things.
Remember, when it comes to this part of the process the more images you have the better. Each new image file you upload is another picture that could potentially suppress, outrank, or remove your mugshot from prominent search result positions. When it comes to mugshot removal via suppression it’s a numbers game, and the more positive images you can get out there the better.
Another thing to keep in mind here is that there is value in using different images. This is actually a common mistake that can drastically reduce the effectiveness of a campaign.
Google is good at recognizing when images are the same, even if they have different file names or are different sizes. You will have a much larger impact if you source completely different images, not slightly different versions of the same photo.
This might add a little time to your efforts but it’s absolutely necessary. This is a corner you don’t want to cut.
Identify Image Networks And Your Sites You Can Use:
Now that you have your images you need to find places to publish them. Sites you are looking for here are image-focused websites that have some solid domain authority/site strength to them, and will give you the best chance to successfully remove mugshots from the first page of the search engines.
This will help the pictures that you publish rank better in image results, suppress your negative image, and give you the best chance of finding success with your mugshot removal campaign.
Luckily, you don’t need to start from scratch when it comes to finding these sites. Here is a short list of places you should get started on:
Twitter
Facebook
Google+
Tumblr
Behance
Pinterest
Instagram
WordPress
Photobucket
Flickr
500px
Make sure to create a well-optimized profile that targets your name as well. This will send valuable relevancy signals to search engines about the images you are trying to suppress your mugshot with.
This means you should use the variation of your name that you are trying to control in your profile and bio as well. This goes a long way to making sure that the profiles perform well, and the images associated with them give you the best chance to remove mugshots from the first page.
It also makes sense to publish these on your own personal website. If you don’t have one, now is the time to set it up. Just go to a domain registrar like godaddy.com, register your domain name, and set up your site with WordPress.
Even though your own blog won’t have the same domain authority as the websites above, it still makes a lot of sense from a relevancy standpoint and you can control the alt text of the images you post there (more on that later). A well-optimized personal website will include a lot of information about you, which helps search engines understand your image content a bit better.
Publish Your Optimized Images:
Now that you have your images and the sites you want to publish them, it’s time to get them out there and get your mugshot removal campaign started!
Here’s the trick though, it’s not as simple as uploading a bunch and calling it a day. There are a few things that you need to do in order to optimize your images and make sure they stand the best chance to remove mugshots from the first page:
Include your name in the filename of every image that you upload. Try and have some variety in there as well. What we mean by this is don’t title all images “janesmith.jpg”. Go with something like “jane-smith-in-new-york.jpg” instead. Adding some additional descriptors about your location or industry you work in will help search engines understand more about the image content. This will help to establish a wider web of relevancy around the images you publish, which will help your mugshot removal efforts significantly.
If you are publishing on a platform that gives you the option to add alt text to your image, don’t miss that opportunity to include your name. Your personal website would be an example of a site that has this option. This is a very powerful signal that you can send to search engines about your image content, so do it! Alt text is used primarily to help the visually impaired understand the content of an image, but for your situation we are more interested in the suppression benefits.
If the platform you’re publishing on allows image descriptions, make sure to fill those out as well. This part is fairly straightforward since you simply describe the image and include your full name somewhere in the description. While they won’t have nearly as much impact as alt text does, it’s quick and easy so you might as well.
Include caption if possible. This is another small but easy win that will provide a little more information to any search engine that finds the image. Ideally try to structure the caption in a way that allows you to naturally include your full name. If it’s really tricky however, put some other information that would be helpful.
Utilize the tag feature of any social network you’re using to populate the web with images for your mugshot removal campaign. Tagging yourself in a picture on Facebook for example, is a great way of tying your profile to the new image you’ve uploaded.
If you want even more details about this this process (with all the nitty gritty details) check out this post as well.
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  Dealing with mugshots? We can help.
BrandYourself provide tools and services to help clean up unwanted Google results & build a positive online presence.
Get started for free
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joejstrickl · 6 years
Text
Essential Mugshot Removal Tips And Tricks
The need for mugshot removal services is growing rapidly, and here’s why:
If you’ve made a mistake or simply were in the wrong place at the wrong time and end up with a mugshot, it’s now on display for everyone.
Mugshot websites collect these photos and post them for everyone to see. Whether you’re guilty of a crime or not, mugshots tend to rank high in search results, and can truly wreak havoc on your personal life and professional accomplishments.
At BrandYourself, we’ve had clients whose charges were dropped, or were found not guilty of minor infractions, yet their mugshots continue to hurt them in all aspects of their lives.
Unfortunately, it’s not clear how to make this problem go away or remove mugshots, and many people end up wasting time and money trying to combat the problem.
Since we constantly get asked about mugshot removal, we wanted to talk about some of the options you have, and what we recommend. There’s no one size fits all approach, but this should help you find what will work best for your situation.
function load(e){var t=document.getElementsByTagName("head")[0],n=document.createElement("link");return n.type="text/css",n.rel="stylesheet",n.href=e,t.appendChild(n),n}load('//unpkg.com/[email protected]');
  Dealing with mugshots? We can help.
BrandYourself provide tools and services to help clean up unwanted Google results & build a positive online presence.
Get started for free
    The Pros & Cons of Mugshot Removal Sites
Mugshot removal can be one of the more murky waters to navigate online. This is because it is still very wide open in terms of what sites can get away with and be held accountable for.
Because of this, shady or illegitimate mugshot removal services have spread like wildfire over the last few years. Unfortunately, many just see this as an opportunity to extort or manipulate desperate people who just want to clean up a silly mistake, or feel that their mugshot being online blows things out of proportion.
Something To Watch Out For
A tactic that started to become more popular over the last few years is mugshot removal sites partnering up with the sites that aggregate/share mugshots online. This is easy business for them, and allows them to easily remove your mugshot when they are actually just middlemen.
The issue with this (other than being unethical) is that they don’t truly have your best interest at heart. They are simply trying to collect a toll from desperate people.
What’s worse is that these mugshot removal sites will sometimes use this connection to try and gouge their customers as much as possible. The first thing they will do is try to establish what your budget is and they say they will reach out to see how much will be required in order to take it down.
After this they will quote a price at the high end of your budget or even slightly higher. The reason for this is they want to get as much money out of you as possible. If you say your budget was $1,000 they might come back and say it will take $1,250 but they absolutely guarantee they can get the mugshot removed or your money back.
They can use their guarantee (since they work with the actual mugshot site) in order to make you feel better about stretching your budget a little bit. What’s an extra $250 as long as it brings guaranteed results right?
Now you might be thinking to yourself, “Who cares if they work with the website as long as they do the mugshot removal effectively?” This is totally understandable, and if it were this easy we would be in your camp as well.
However, it’s much more complex than this. We will get into the details on this further into the post, but the short story is just because your mugshot is removed from one site that doesn’t mean it can’t be found elsewhere.
Your time and money should be used on a strategy that works.
The Mugshot Removal Landscape
As you can see, when it comes to mugshot removal there is a lot to keep an eye out for.
When it comes to sites that claim they can remove mugshots from Google, you should proceed with caution. As we have alluded to, there are a number of websites out there that claim that they will remove a mugshot from another website for a fee. This can range from $100 to $500 or more depending on the site (or your stated budget).
That means to effectively get rid of your mugshot, you would have to seek out a solution for each individual posting – which would not only add up quickly, but would never fully guarantee that the image wouldn’t pop up on another site down the road. It only takes a fraction of a second for a new or existing mugshot aggregator to scrape and add your mugshot to their database, but much longer for you to identify and deal with them one by one.
To make matters worse, many of these sites will just migrate to a new domain name if they get too much pushback on their practices. This makes it very hard to pursue them legally without spending a lot of time and money. The cost for them to move everything to a new site however, is negligible.
Many of these mugshot removal websites have come under fire for these types of practices, and some payment providers like American Express, MasterCard and PayPal are distancing themselves from these sites by not processing their transactions. This is a step in the right direction to be sure, but it’s not perfect. The major issue it that it’s still very hard for these payment processors to identify the small-medium operators in the industry.
Additionally, over the past few years, a number of states have passed legislation that prevents these sites from charging a fee for removal and forbids sheriffs from releasing these images to these pay for mugshot removal websites. While this type of protection against mugshot removal fees is important, remember that there is currently no national standard in place, and that the process is completely dependent on the state. To learn more about those states that currently uphold this kind of legislation and those whose cases are pending, visit the National Conference of State Legislatures.
For those states not yet addressing these sorts of concerns through state law, mugshot removal companies will continue to partner with the sites posting these mugshots and share portions of your fee with the offending site.
In short, it’s on you to take control of what shows up about you online. You unfortunately can’t rely on these sites or the law to do it for you.
How to Get Mugshots Removed
Should You Use These Mugshot Removal Websites Or Not?
If you live in a state that does not allow booking photos and mugshot removal for a fee, you are lucky in that you simply have to file a request to the site and they must then remove the image. If your charges were dropped, dismissed, expunged or your case was sealed, you are in the best possible position to get this image removed.
One thing to be aware of with this is that this is no guarantee that your mugshot will not pop up on another site, or get indexed elsewhere online. While this is the ideal situation to be in, don’t let that prevent you from doing your due diligence and making sure that your mugshot isn’t showing up somewhere else online as well.
If you do not live in a state with these sorts of legal protections and are trying to remove a mugshot from the internet, you can still appeal to these websites directly and include the documentation mentioned above to strengthen your right to removal. It is likely that a fee will be required, though it may not be – depending on the particular site.
If they come back to you with a fee you have a few things to think about. First of all, how much is it? If the cost for mugshot removal is outside of your price range then that ends the discussion quickly (thankfully you still have other options).
You should also be aware of your overall image situation online. If you scour the web and cannot find your mugshot anywhere, they you might consider paying the fee to see if that wraps things up. Again, keep in mind that it’s no guarantee it can’t show up again in the future.
However, if you search for your image online and find that it’s also listed on dozens of other aggregator sites you probably don’t want to pay the fee. It won’t make a dent in solving your overall problem and you will need a wider-reaching solution.
Google Takedown Requests
We hear from many people who want to reach out to search engines directly and try to get them to de-index the mugshot. Unfortunately while Google and other search engines honor certain types of requests, mugshot removal does not often fall under their jurisdiction.
Search engines like Google follow a set of guidelines when it comes to accepting or rejecting removal requests. In the United States, Google will typically de-index web pages that share:
Sensitive info like: social security numbers and other info that could cause identity theft or financial harm
Revenge Porn
Child Porn
Copyrighted Content/Works
Outside of the US, search engines follow the guidelines determined by country when it comes to honoring removal requests. The European Union’s “Right to be Forgotten” compels search engines to de-index outdated and irrelevant information about people online at the behest of those users. If you live in Argentina or a member state of the EU, you can file this type of removal request.
However, this doesn’t mean that they are not in your corner. It’s worth noting that Google released an algorithm update in 2013 that aimed to de-prioritize mugshot results in the rankings because of these controversial “pay for removal” practices. While this might not seem like much, it is a huge help when you take into account our recommended method for mugshot removal.
The Best Solution? Suppression
At BrandYourself, we highly recommend suppression as the most sustainable and proactive method for dealing with mugshot removal, and any other negative content about you online. We have helped thousands of people deal with mugshot issues and can confidently say that this is the most reliable and long-term solution.
By focusing on developing a strong brand narrative and promoting positive web properties, one of the best side effects is that this strategy will push down or “suppresses” negative search results in the rankings. When it comes to dealing with mugshots in your image search results, the good news is that your biggest problem isn’t the website hosting the image, but a lack of images that you control ranking for your name.
Before you jump into the images directly, you want to make sure that your foundation of online properties are set up and optimized. This means you should have a personal website with a domain that matches your name and the core social media profiles created as well (LinkedIn, Facebook, Twitter, and Google +).
When you have all of those created you should optimize them by including relevant information about yourself on the “About me” page of your website and the bios of your social media properties. This will help them rank in the search engines for your name, and will help give any images associated with those accounts a big boost.
If you want to see the step-by-step process you can use our free reputation management software that will walk you through the process.
Now, it’s time to talk images.
If there aren’t very many (publicly accessible) pictures of you online, then pretty much any new image associated with your name will show up in your search results pretty quickly. Whether it’s a mugshot or a flattering picture of you at a friend’s wedding, this new image isn’t competing against much. This means that it stands a good chance of eventually ranking pretty high – especially if it is well-optimized for your name.
Instead of worrying about mugshot removal from Google outright, focus on achieving the same results by upping the number of positive pictures people find of you online.
Here’s What The Image Population Process Looks Like:
Gather Positive Photos Of Yourself:
In order to remove mugshots you are going to need some ammo to make it happen. In this case that means as many positive images of yourself that you can find.
Look online, on your computer, on your phone, old photo albums, anywhere you can. You want to pull together a solid collection of images that you would feel comfortable promoting online. If you’re someone who doesn’t like getting their picture taken very much, it’s time to bite the bullet and take a few.
This is actually a very common concern that a lot of people have when trying to remove mugshots, but here’s how you need to think about it. You already have a negative image floating around on the internet that is likely harming your reputation, so the worst case scenario has already happened. Adding some positive pictures into the mix will only help things.
Remember, when it comes to this part of the process the more images you have the better. Each new image file you upload is another picture that could potentially suppress, outrank, or remove your mugshot from prominent search result positions. When it comes to mugshot removal via suppression it’s a numbers game, and the more positive images you can get out there the better.
Another thing to keep in mind here is that there is value in using different images. This is actually a common mistake that can drastically reduce the effectiveness of a campaign.
Google is good at recognizing when images are the same, even if they have different file names or are different sizes. You will have a much larger impact if you source completely different images, not slightly different versions of the same photo.
This might add a little time to your efforts but it’s absolutely necessary. This is a corner you don’t want to cut.
Identify Image Networks And Your Sites You Can Use:
Now that you have your images you need to find places to publish them. Sites you are looking for here are image-focused websites that have some solid domain authority/site strength to them, and will give you the best chance to successfully remove mugshots from the first page of the search engines.
This will help the pictures that you publish rank better in image results, suppress your negative image, and give you the best chance of finding success with your mugshot removal campaign.
Luckily, you don’t need to start from scratch when it comes to finding these sites. Here is a short list of places you should get started on:
Twitter
Facebook
Google+
Tumblr
Behance
Pinterest
Instagram
WordPress
Photobucket
Flickr
500px
Make sure to create a well-optimized profile that targets your name as well. This will send valuable relevancy signals to search engines about the images you are trying to suppress your mugshot with.
This means you should use the variation of your name that you are trying to control in your profile and bio as well. This goes a long way to making sure that the profiles perform well, and the images associated with them give you the best chance to remove mugshots from the first page.
It also makes sense to publish these on your own personal website. If you don’t have one, now is the time to set it up. Just go to a domain registrar like godaddy.com, register your domain name, and set up your site with WordPress.
Even though your own blog won’t have the same domain authority as the websites above, it still makes a lot of sense from a relevancy standpoint and you can control the alt text of the images you post there (more on that later). A well-optimized personal website will include a lot of information about you, which helps search engines understand your image content a bit better.
Publish Your Optimized Images:
Now that you have your images and the sites you want to publish them, it’s time to get them out there and get your mugshot removal campaign started!
Here’s the trick though, it’s not as simple as uploading a bunch and calling it a day. There are a few things that you need to do in order to optimize your images and make sure they stand the best chance to remove mugshots from the first page:
Include your name in the filename of every image that you upload. Try and have some variety in there as well. What we mean by this is don’t title all images “janesmith.jpg”. Go with something like “jane-smith-in-new-york.jpg” instead. Adding some additional descriptors about your location or industry you work in will help search engines understand more about the image content. This will help to establish a wider web of relevancy around the images you publish, which will help your mugshot removal efforts significantly.
If you are publishing on a platform that gives you the option to add alt text to your image, don’t miss that opportunity to include your name. Your personal website would be an example of a site that has this option. This is a very powerful signal that you can send to search engines about your image content, so do it! Alt text is used primarily to help the visually impaired understand the content of an image, but for your situation we are more interested in the suppression benefits.
If the platform you’re publishing on allows image descriptions, make sure to fill those out as well. This part is fairly straightforward since you simply describe the image and include your full name somewhere in the description. While they won’t have nearly as much impact as alt text does, it’s quick and easy so you might as well.
Include caption if possible. This is another small but easy win that will provide a little more information to any search engine that finds the image. Ideally try to structure the caption in a way that allows you to naturally include your full name. If it’s really tricky however, put some other information that would be helpful.
Utilize the tag feature of any social network you’re using to populate the web with images for your mugshot removal campaign. Tagging yourself in a picture on Facebook for example, is a great way of tying your profile to the new image you’ve uploaded.
If you want even more details about this this process (with all the nitty gritty details) check out this post as well.
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