Following the previous year's satisfactory experience, the defendant, a Swiss clothing company, placed new orders for garments with the plaintiff, a French manufacturer. There were three orders in all. On receipt of the deliveries, the defendant made a number of complaints and at a certain point stopped one of its cheques, stating that the business relationship was terminated. Some days later it returned the goods, with the exception of the articles already sold, to the plaintiff. The plaintiff took back part of the goods for sale to other customers. It continued to demand payment of the price of the remainder of the orders and finally initiated legal proceedings to obtain payment. As part of its claim it also sought damages for loss of profit on the resold goods and for its additional efforts. In a counterclaim the defendant also sought damages.
The court observed that the mistakes in delivery and invoicing errors experienced by the defendant were sufficiently important to destroy a recently established but positive business relationship, but that such mistakes in delivery were common among suppliers and that an experienced customer should develop the means to protect itself against setbacks of that kind. The court thus concluded, pursuant to article 73(1) CISG, that the defendant was not entitled to rescind the contract and that consequently it still owed the sale price.
On the basis of article 78 CISG, the court awarded the plaintiff interest on arrears. The amount of such interest was to be determined in line with the law applicable in accordance with Swiss private international law.
1. The Plaintiff, P... SA [hereinafter, Seller] is a Paris-headquartered clothing-producing French company.
The Defendant, H... SA [hereinafter, Buyer] is a Lausanne-based Swiss company.
2. In the summer of 1995, [Buyer], a merchant -- the same as [Seller] -- purchased from the latter a number of apparel items belonging to its brand new "autumn-winter 1995" collection, for the approximated price of 180,000 French francs. On that occasion, [Buyer] started a marketing campaign for its customers, highlighting the collection's "couture" quality. [Seller] was described as "a young creator, with strong personality, refined elegance and a perfect touch." The articles were of irreproachable quality and reached great success with [Buyer]'s customers. The goods were delivered in excellent condition, entirely satisfying the [Buyer]. Payment of the invoices raised no difficulties, with [Buyer] respecting a delay of ten days, of about one month thereafter, and afterwards a slightly longer delay, given that the invoices issued on 23 October and 20 November were paid as late as 5 January 1996. Taking into account the prices charged by [Seller], it is plain to see that the products are of upscale quality.
[Buyer] alleges that the parties started their business relationship back in 1994, which [Seller] contests. To this regard, the testimony of witness C... is not probative. Mrs. M... is in fact an employee of the [Buyer], and moreover a long-date friend of its director. Her testimony will therefore be dismissed where it is not supported by other evidence.
"No return of the goods will be accepted without our previous agreement. Cancellation should be done eight days in advance and in writing. After such time, it will be impossible to halt the fabrication.
In any circumstance, shipment is made at the risk and hazard of the recipient.
PAYMENT CONDITIONS: either in accordance with this form or determined by our administrative services at your enquiry."
These order forms, numbered 092582, 092583 and 092584, were signed by [Buyer]. A confirmation of order was issued by [Seller] on 25 October 1995. According to this confirmation, the goods should be delivered between 25 December 1995 and 1 April 1996. Down payment could be made by check with a 5% discount. The goods were delivered by the carrier G... SA on 30 January 1996 and on 5 and 20 March 1996. The delivery notes, signed by [Buyer], expressly refer to the conditions of sale written in the order forms.
4. Following each dispatch, [Seller] issued an invoice to [Buyer]. The first invoice (#940952), dated 29 January 1996, amounted to 137,341 French francs, corresponding to Ff 144,570 less a discount of Ff 7,228.50. Since the down payment was not made, [Seller] cancelled the discount and issued a second invoice (#941019) of Ff 7,228.50. On 4 March 1996, a third invoice was issued (#941030) of Ff 180,990, and a fourth one on 19 March 1996 (#941056) of Ff 33,630, corresponding to the amount of Ff 35,400 less a discount of Ff 1,770. However, since [Buyer] did not pay on time, [Seller] cancelled the discount and issued a fifth invoice (#941171) amounting to Ff 1,770. Thus, the total invoiced value was Ff 360,960.
5. On 11 March 1996, [Buyer] signed a check for Ff 144,570 with the purpose of paying the first two invoices. [Buyer]'s director asked [Seller] to avoid depositing the check prior to 30 March 1996. This check was presented for payment on 4 April 1996, but was refused because on 29 March 1996 the director of [Buyer] had requested the bank to stop it. In view of that, [Seller] was required to pay a Ff 351.20 bank fee.
"I hereby confirm our discussions of today.
We agree to repair the jackets (17105 pied de coq) at our expenses. We apologize for the defect, which was not detected by our controls.
We hope that this development brings no harm to our relationship and offer your Mr. Z... our kindest regards."
The ten jackets were handed back to [Seller] on 28 February 1996.
At the end of March 1996, [Seller] returned the ten jackets, purportedly repaired, to [Buyer]. The [Buyer] thereupon declared to be stunned at the fact that the articles were returned in the same state as before and presented the very same defects.
According to the forensic expert, G... T... of company C... S.A. "European Superior Institute of Fashion Arts and Techniques" at Lausanne, the "pied de coq" jackets all presented a defect due to the creasing of their sleeves. This was because of the type of fabric employed. Nevertheless, again according to the expert, the defects could not be eliminated without re-conceptualizing the way the jacket was produced. In her words, the conception of a costume by its creator cannot be taken as a substantive defect.
In this manner, each article is created so as to match other articles, according to the customers' taste, but the red dresses and pants were not supposed to be necessarily sold along with a "pied de coq" red jacket. Moreover, in [Seller]'s product catalog for its spring-summer 1996 collection, the red pied de coq jacket is depicted in combination with striped navy blue pants.
7. Other articles considered defective by [Buyer] were returned to [Seller]. The latter accepted to take them back and, on 31 May 1996, issued a credit note of Ff 10,840 in exchange for those articles.
"On 28 February 1996, we had to return to you ten jackets (model 17105 at Ff 1,640) all of which presented the same defect; this is particularly upsetting given the price of the goods. However, to our complete astonishment, the jackets we received in place of the former had exactly the same flaw!
Furthermore, on 19 March 1996 (invoice #941056) we received loosely packaged goods that arrived in deplorable conditions (scratched hangers, dresses sagging to the bottom of a box, etc. ...).
Afterwards, on 27 March 1996 we had to return to you eight defective articles, at a total amount of Ff 10,840.
In light of that, we were compelled to stop our check of 11 March 1996 for Ff 144,570. You will easily understand that we cannot go on with a business relationship with you under such unacceptable conditions."
9. The [Buyer] had ordered fifteen navy blue dresses of model 15212 from [Seller]. According to the delivery notes, they were delivered on 5 and 20 March 1996. On 10 April 1996, [Buyer] complained that the waistband, voile and bulk of the dresses were in different tones of blue. In 1995, [Buyer] had ordered articles of the same model, but in black, which sold very well. According to the [Seller], since they are of different materials, the coloring may be not completely identical. Furthermore, [Seller] alleges that no other client has ever complained of such fact, which the witness C...M... confirms.
Pursuant to the expert's report, the ink used for the coloring of the three different materials is not the same. Nonetheless, there is no reason to conclude that this amounts to a substantive defect, since the taste of the creator and his [or her] conception of the garment cannot be taken as a defect. The expert also maintains that, even in the case of the black-colored products, the three materials are of three distinct tones of black, in such a way that the blue and black dresses are all in all subject to the same variations.
10. At the same time, [Buyer] complained of bad packaging conditions. It purports to have received some articles in a deplorable state, as the hangers were scratched and a number of dresses were sagging to the bottom of a box. [Seller] alleges that the merchandise at issue was dispatched in perfect condition, plus that it had disclaimed any liability regarding damages occurring during transportation.
In her supplementary report, the expert explains that it was not feasible to check possible packaging problems, because the products stored at Vallorbe, where she had inspected them, were no longer in the original packages, but in return ones. After comparing the weight of the boxes from 1995 to 1996, the nature of the pieces contained in those boxes and the weight and volume of one piece, the expert added that the number of pieces per box has increased from 1995 to 1996, which is justified considering the change of season, summer apparel being less large and heavy because of the light and soft material employed. She points out also that the history of the Maison P... allows one to conclude that the company made a professional option regarding their delivery scheme in order to achieve an optimal replenishment of the boxes, that the chosen packages are absolutely suitable considering the nature of the goods and match the widespread usage in the industry of packaging and freight of clothes. According to her, the damage suffered by the apparel was not owing to a bad choice of packages and they had left Paris in uncluttered and appropriate boxes.
12. On 10 April 1996, the [Buyer] informed [Seller] that the whole collection had been sent back, through the carrier G... SA, with the exception of pieces already sold for an amount of Ff 53,670. On 11 April 1996, [Buyer] made a list of the 246 pieces, at Ff 296,450, which were returned to [Seller].
On 15 April 1996, [Seller] refused to take redelivery of the goods. By letter of 16 April 1996, [Seller] expressed to [Buyer] that it would not accept any merchandise back and that the goods had been sent out to [Buyer] once again. [Seller] requested [Buyer] to pay its debt of Ff 348,350. By registered letter of 23 April 1996, it called for immediate payment by check.
On 25 April 1996, counsel for [Buyer] addressed counsel for [Seller] by fax, conveying support for [Buyer]'s viewpoint. The merchandise remained stored at the storehouse of carrier G... SA in Vallorbe.
13. On 17 April 1996, the director of [Buyer] held a telephone conversation with the director of [Seller], following upon a series of other telephone calls. During this telephone conversation, he explained his position and summed up the occasions when he expressed his discontent.
- Description of the discrepancies between the order placed by [Buyer] and the goods delivered by [Seller].
The contents of each box have been inventoried prior to the merchandises being taken out.
There is a total of 246 pieces.
This inventory is in exact correspondence with the list drawn up by [Buyer] on 11 April 1996.
All the "pied de coq" jackets' sleeves do crease.
The long dresses in two tones of navy blue all have their waistbands in a different color.
The same dresses in black were delivered in two colors (including the waistband), which meets perfectly the order.
Scratched hangers; too much flimsy for fitting the clothes they are intended to hold up.
Clothes packaged too tightly and wrinkled.
Merchandise sagging to the bottom of the box, behind the scratched hangers.
Five of those are short dresses."
The expert's fees amount to Ff 170.
15. On 15 May 1996, the [Seller] was non-suited by the Commercial Court of Paris which declared itself incompetent.
16. On 10 July 1996, [Seller] addressed [Buyer] with a notice to complete, informing that it was the creditor of [Buyer] for an outstanding balance of Ff 350,120, which stood for Ff 348,350 plus Ff 1,770 referring to the invoice of 31 May 1996.
17. The parties have not reached an agreement. However, in order to mitigate losses, they have accepted that the non-contentious goods stored at Vallorbe should be sold. The [Seller] thus took back 174 pieces for an amount of Ff 174,020, which is confirmed by an oral account of 18 April 1997 by Mr. Raphaëlle Dieÿ, bailiff for the Tribunal de Grande Instance of Paris.
With the efforts of [Seller], the goods have been sold to two purchasers for Ff 60,043 excluding taxes.
18. The [Seller] alleges that it suffered damages and seeks compensation. It claims that [Buyer] should pay the price of the goods stocked and sold, amounting to Ff 53,670, the difference between the price of the merchandise unduly refused and the money actually recovered, that is, Ff 113,977, as well as the price of the articles still stored with the carrier G... SA, i.e., Ff 122,430. [Seller] also claims reimbursement of the transportation costs paid to the carrier G... SA, which amount to Ff 2,304, the bank fees charged in virtue of the stopped check, i.e., Ff 351.20, and the bailiff's fees of Ff 1,508.79.
19. The [Buyer] claims set-off and alleges "exceptio non adimpleti contractus" [default of the co-contracting party].
20. [Seller] also alleges (which is uncontroversial) that it was never been made aware by [Buyer] of [Buyer]'s intention of building "P... corners". [Seller] stresses that, despite its interest in introducing the "P..." brand in Switzerland, a "corner" has to meet the requirements of the brand's owner, so that [Buyer] could not establish "P... corners" without [Seller]'s consent. This has been confirmed by witnesses C.M. and F.P.
21. In her report of 29 February 2000 and supplementary report of 19 December 2000, the expert asserted that the number of flawed pieces (about thirty) was comparatively low in relation to the total number of pieces ordered, although the fact that their absolute values are high should be regarded as a true adversity. According to her, the problems concerning the delivery were annoying enough to tear down a fresh business relationship. In contrast, they are no more than routine and an experienced purchaser is supposed to know how to outwit this kind of development. As to the defects discovered (both technical and manufacturing-wise), they are attributable to specific features of the clothes and are not expected to give rise to a break of trust.
For the expert, the idea of a collection (i.e., an ensemble of costumes) of apparel put together so as to depict the visible style of a coherent unity, is designed to encourage the customer to buy a greater number of articles, thus improving sales. However, this concept is not crucial, since a collection becomes more accessible once the pieces are sold separately.
22. In its statement of claim of 11 November 1997, the [Seller] asks the Court to the order the [Buyer] to pay Ff 290,077, plus interest at 6.5% per year as of 24 April 1996; Ff 2,304 plus interest at 6.5% per year as of 23 April 1997; Ff 351.20 and Ff 1,508.79 plus interest at 6.5% per year as of 6 May 1997.
In [Buyer]'s answer of 12 February 1998, the [Buyer] contests the [Seller]'s claim and offers a counterclaim for the ordering of [Seller] to pay the sum of Ff 97,170 plus interest at 5% per year as of 1 May 1996.
In [Seller]'s reply of 22 January 1999, the [Seller] reiterates its allegations of 11 November 1997 and contests [Buyer]'s counterclaims.
I. The parties have their places of business in different States; hence, it is necessary to establish the applicable law.
a) Until the entry into force in Switzerland (on 1 March 1991) of the Vienna Convention on the International Sale of Goods [hereinafter, CISG], an international sale subject to Swiss law (either because of rules of private international law, or of international conventions such as the Hague Convention of 15 June 1995 on the Law Applicable to Contracts for the International Sale of Goods, or of the will of the parties) was governed by the Code of Obligations of 1911, which also governed domestic (i.e., non-international) sales. Nevertheless, due to the adoption of the CISG, the outlook of the Swiss rules on international sales was deeply modified: the CISG has become the real cornerstone; the Code of Obligations retaining no more than a secondary role, yet it remains the sole legal text applicable to domestic sales [citations of Vuilléty, Tercier and Engel].
b) Therefore, once a party established in Switzerland enters into a contract of sale with a party of another Contracting State, the CISG is applicable given its status as an international convention (Art. 1(1)(a) of the CISG; RS [systematic restatement of Swiss Law] 0.221.211.1; [citation of Neumayer/Ming]). As to the case at issue, the CISG has been in force in France since 1 January 1988 and in Switzerland since 1 March 1991 -- in both cases, without reservations [citations of Stoffel and Tercier].
II. a) Article 6 of the CISG states that the parties are entitled to exclude its application or, subject to a reservation which applies neither to France nor to Switzerland, derogate from or vary the effect of any of its provisions [citation of Neumayer/Ming]. Hence, the provisions of the CISG are not mandatory in nature; the parties may exclude, expressly or impliedly, the application of the CISG in whole or in part as well as modify the effect of its stipulations [citation of Tercier].
b) It is plain to see that the parties validly concluded a contract for an international sale through the exchange of mutual and like-minded declarations of will [citations of Tercier and Dessemontet]. In fact, even though Article 14(1) of CISG is particularly strict as to the definition of offer [citation of Neumayer/Ming], the [Buyer] has validly completed an offer by filling three order forms for over 300 items of apparel at Ff 386,870. This offer was validly accepted by [Seller] through its confirmation of order dated 25 October 1995 (Article 18(1) of the CISG).
c) Once the contract was validly concluded, both the seller and the buyer assume a number of obligations.
- The seller is obliged to deliver the goods, to transfer the property in them and, if applicable, to hand over any documents relating to the merchandise (Article 30 of the CISG). Legal scholars recognize three obligations of the selle3r: the obligation to deliver the goods; the obligation of handing the documents over to the buyer; and the obligation of delivering goods that are, both formally and substantively, in conformity with the contract [citations of Tercier and Dessemontet].
- The buyer, in turn, is obliged to pay the price and to take delivery of the goods (Article 53 of the CISG; [citations of Tercier and Dessemontet]).
d) The CISG gives importance to the seller's obligation to deliver goods that substantively conform to that which was agreed between the parties. Depending upon certain legal as well as factual conditions, the seller owes the buyer a guarantee for any lack of conformity [citations of Tercier and Chaudet]. Moreover, the buyer should examine the goods within as short a period as is practicable in the circumstances (Article 38 of the CISG) and notify the seller accurately and within a reasonable time after he has discovered or ought to have discovered any defect (Article 39 of the CISG; [citations to Tercier and Chaudet]), under penalty of preclusion. Hence, pursuant to Article 38 of the CISG the buyer must examine the goods in as short a time as allowed by the circumstances, but this examination is not always required to be performed immediately. The buyer may avail itself of a reasonable time, consistent with the circumstances. According to most scholars, the notification must be placed immediately after the defect is discovered, since the buyer is not ordinarily justified to push it back [citations to Neumayer/Ming and Wyler].
- Furthermore, a buyer who declares the contract avoided as to any delivery may, at the same time, declare it avoided in respect of deliveries already made or of future deliveries if, because of their interdependence, those deliveries could not be used for the purpose envisaged by the parties at the time when the contract was concluded (paragraph (3)).
The application of Article 73(3) of the CISG entails one of two scenarios: that both parties are clearly aware of the range of the operation, or that the seller can right away recognize the buyer's intent to regard the sale as a whole. Where only the purchaser is mindful of such interdependence, which is not objectively supported by other circumstances, there is no room for the application of Article 73(3) of the CISG. For instance, there exists such an interconnection if the goods are separate components destined to be assembled by the buyer; if the goods are interdependent machines designed for the manufacture of the same product; or in the case of marble cuts of the same quarry or of similar swirls intended for a specified project. In such hypotheses, the non-conformity of past or future deliveries is not the cause of the avoidance, but rather their interdependence with the defective one and the fact that the aim pursued by the buyer cannot be achieved given the fundamental breach affecting one particular installment [citation of Neumayer/Ming]. However, in the case at hand, the items of apparel might be sold separately, even the ones that, apparently, formed an "ensemble" with the defective pieces. Therefore, the [Buyer] was not entitled to return to [Seller] the totality of the goods ordered on the grounds that a certain number of them were hit by defects.
f) To declare the avoidance of an international contract of sale (albeit as to a single installment) requires also that the failure to perform amounts to a fundamental breach of the contract (Article 73(1) of the CISG). This concept is set forth in Article 25 of the CISG, which states that a breach is fundamental if it causes the other party such a detriment as to deprive that party of what it is entitled to expect under the contract, unless the co-contractor did not foresee and a reasonable person of the same kind in the same circumstances would not have foreseen the undesired result.
Many legal systems do not recognize the possibility of avoiding a contract by unilateral declaration of the aggrieved party, since the avoidance (as well as the request for replacement of any goods which are not in conformity with the contract) brings about the problem of the restitution of the paid price and of redelivery costs or, otherwise, the difficulty that arises for the seller of giving the merchandise an alternative destination. Likewise, the authors of the CISG had the intention of restricting the right of cancelling the sale as well as asking for the replacement of goods, giving preference to other rights such as the right to claim damages. In this way, according to legal scholars, the notion of fundamental breach should be construed strictly. In case of doubt, it is recommended to assume that the conditions for a fundamental breach were not fulfilled [citations of SJ 2001 and Neumayer/Ming]. Given the similarity existing between the words "fundamental" and "substantial" one sees that the breach must strike the essential matter of the contract, i.e., either the products or the payment of the price, introducing a critical harm to the economic intent pursued by the parties. Importance should be given to the consequences for the party in damage more than to the breach itself. A reduction in the value of the goods at a "relevant amount" (such as said by Article 197(1) of the Code of Obligations) does not fit into the applicable requirements of a fundamental breach [citation of Neumayer/Ming].
In the case at hand, the expert maintains that the problems concerning the delivery and the invoicing are annoying enough to tear down a fresh business relationship but, on the other hand, explains that they are routine and that an experienced purchaser is supposed to know how to outwit this kind of development. Furthermore, according to her, the number of defective pieces is relatively low considering the total number of pieces. Therefore, the defects do not allow concluding that a fundamental breach of the contract took place.
In addition to that, given the uncertainty around the concept of fundamental breach whose evaluation depends largely on the judge's account, legal scholars recommend that the conditions for avoidance be clearly set forth in the contract itself, as well as those concerning the right for a replacement of non-conforming goods or even the exclusion of any such rights [citation of Neumayer/Ming] -- this is perfectly possible since the rules of the CISG are not mandatory (Article 6 of the CISG). Now, this was exactly what the parties have done by agreeing that no replacement of merchandise would be accepted without previous agreement.
g) Since [Seller] gave no authorization to [Buyer] for a redelivery of the entirety of the goods sold, the [Buyer] was not entitled to avoid the contract. Accordingly, payment of the price is due.
h) The [Seller] is therefore entitled to ask for payment of the purchase price of Ff 290,077 for the goods delivered, that is, the price of the goods it stored and sold (Ff 53,670), plus the price of the contentious articles stocked with G... SA (Ff 122,430) and the difference of prices of the non-contentious articles it accepted to take back and resell to third persons (Ff 113,977). To this, one should add the compensation for damages accruing from the violation of the contract, constituting freight expenses for the return of the merchandise, bank fees due to stopping of the check, and bailiff's fees.
III. a) [Seller] seeks interest at a rate of 6.5% per year on the sums claimed, with the interest running from a different date for each one of the sums.
b) Article 78 of the CISG compels the party that failed to pay the price or any other amount owed to the other party to pay interest on the amounts due, without prejudice to its liability for damages under Article 74 of the CISG. Article 78 does not specify the rate or the interest starting date. According to the common opinion of the doctrinal scholars, it falls upon the competent domestic law (in this case, French law) to rule the details of the obligation to pay interest, particularly in regard to the rate of interest [citation of Stoffe]. Neumayer and Ming do not agree on that and propose the application in any event of the rate charged in the place of business of the debtor [citation]. Absent any other reference to this subject-matter in the CISG, it is convenient to follow the latter opinion and to apply Article 104 of the Swiss Code of Obligations.
c) [Seller] asks for interest at a 6.5% rate per year, given that both parties are merchants. It is true that Article 104 of the Code of Obligations entitles the creditor to an interest rate equivalent to the discount rate charged in the place of payment; yet such rate is subject to evidence by the creditor and is not considered to be a well-known fact [so as to allow judicial notice] [citation of Sphar]. Now, the [Seller] did not lay down any allegation as to the relevant rate. Therefore, it is fair to apply the legal rate of 5% per year (Article 104(1) of the Code of Obligations).
d) As to the interest starting date, the [Seller]'s Parisian counsel's letter of notice to complete served on [Buyer] did not inform the total sum requested, and moreover an additional invoice of cancellation of discount has been afterwards issued to [Buyer]. On the other hand, the calculations appearing in the 10 July 1996 letter do not convey that the debtor is in default, and the parties have been discussing matters related to the sale during the foregoing months. Consequently, in the absence of a previous formal notice, the starting date of the interest runs from 27 November 1997, one day after the [Buyer] has been given notice of the claim.
e) The [Seller] made its estimations in French francs as envisaged in the contract concluded between the parties. According to both legal scholars and case law, the claim and the judgment must be expressed in the currency of the contract, even if eventually the debtor acquires the right to discharge itself of the obligation in the Swiss currency [citation of Engel]. Nevertheless, pursuant to Article 14 of the EC Directive no. 974/98 of 3 May 1998 on the introduction of the euro, the references to national currencies made by contracts pending at the end of the transitory period (i.e., 31 December 2001) should be taken as if they were made in euro under the applicable conversion rates. According to Article 1 of the EC Directive no. 2866/98 of 31 December 1998 on the conversion rates between the euro and the currencies of the Member States adopting the euro, the conversion rate is one euro for 6,55957 French francs.
In conclusion, this decision will indicate not only the sum due in French francs as well as in euros.
c)	FFf 3,500 for judicial costs.
* All translations should be verified by cross-checking against the original text. For purposes of this translation, the Plaintiff of France is referred to as [Seller] and the Defendant of Switzerland is referred to as [Buyer].
** Leandro Tripodi is a law student at the University of São Paulo and was a member of its team in the 16th Willem C. Vis International Commercial Arbitration Moot. He is an associate of the Brazilian Arbitration Committee (CBar) and an employee at Brazil's Ministry of Finance.


Songwriters, producers, engineers, artists, sessions musicians and more deserve to be easily seen in the digital age so they can get the praise they have earned by creating the music we see every day.
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Friday's Smashing Pumpkins concert will be broadcast live from Key Arena in Seattle via Twitter.
TuneMoji has built an audience of 20 million people who use its MusicGIFs, or music-inspired looping images that make people laugh. And today the company is integrating its MusicGIFs into Snap to make it easier to create GIFs with licensed music.
Spotify's second annual Secret Genius Awards designed to the people behind the music – songwriters, producers, engineers and even beat makers – will be hosted by NE-YO on November 16 at The Theatre at Ace Hotel in Downtown Los Angeles Mix Engineers.
There are multiple ways to follow the action live from Lockn' all weekend long.
Four compelling reasons why radio broadcasting companies should get seirous about podcasting and hire a Director of Podcasts.
We've thought for a while that there's potential for more partnerships between the music and esports (competitive gaming) worlds. Now Universal Music Group and esports firm ESL are testing the waters.
The retail giant will sell digital book cards and ebook readers in its store.


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CHICAGO - As the number of games dwindle down in the regular season, the teams in the Windy City are heading in the opposite directions.
It's not unexpected, though each team has something to watch for in the final two months of the season.
Along with the Cubs going for a fourth-consecutive postseason appearance, Javier Baez is making a strong case to be the National League MVP.
While no awards or playoffs are in the White Sox future, fans are eagerly awaiting the call up of Eloy Jimenez from Triple A while hoping the prospects in the major leagues develop.
Baseball freelance writer and consultant Rob Arthur appeared on Sports Feed to discuss both teams with Josh on Wednesday's show.
You can watch Rob's discussion in the video above or below.


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"Survivorship Bias" in Wholesaling
Lisa Shelton July 25, 2021
Image via Weaponsandwarfare.com
"Survivorship Bias" principle teaches newcomers to ignore the advice of experienced real estate investors and analyze the failed experiences of other newcomers first.
BiggerPockets discussion
"Survivorship Bias" Example
Estimate repair costs
Critical skill for the novice wholesaler
Aysia Harris wrote at BiggerPockets: "Where would you guys recommend starting off wholesaling as a beginner?"
Jonathan Greene answered: "Learn how to estimate repair costs. If you don't know repair costs as a wholesaler, you are worthless to all investors."
In mathematical statistics, such advice is considered the "Survivorship Bias" logical error:
Survivorship Bias is the logical error of concentrating on the people or things that made it past some selection process and overlooking those that did not, typically because of their lack of visibility. This can lead to some false conclusions in several different ways.
In World War II, 50% of U.S. bombers did not return from a mission. The bombers that did return had holes in them. The military could not armor the entire bomber, it would be too heavy. They had to decide which parts of the bombers needed to be armored.
The U.S. military began collecting statistics. They were marked on a single drawing the holes of dozens of returning bombers:
Image via Wikipedia.org
The Air Force leadership analyzed the drawing and decided to armor the wings, the center part of the fuselage, and the tail, where the most hits occurred.
Fortunately, the mathematical statistician Abraham Wald also saw the drawing. He gave it the exact opposite interpretation:
The red dots show places where hits did not prevent the bomber from returning to base. Therefore, it makes no sense to armor them
The military must armor the white spots on the blueprint where there are no hits! These are the gas tanks, the engines, the cockpit, and the rear gunner's hemisphere:
After armoring using the Abraham Wald method, the percentage of bomber losses dropped from 50% to 20%.
Back to the advice of an expert investor for newbie wholesalers: "Learn how to estimate repair costs."
Builders need an accurate repair estimate, but wholesalers don't. In the era of COVID-2019, many wholesalers have even started doing remote repair estimates. The remote estimate is not very accurate, but it's enough for wholesalers.
And what is a critical skill for the novice wholesaler?
Only one out of every 100 novice wholesalers makes it to the end of their first deal. That 1% is the "survivorship." Buyer investors give sincere advice to 100% of first-time wholesalers based on their experience with the survivorship 1% of first-time wholesalers.
But 99% of novice wholesalers are "dead" for real estate investing. An investor-buyer cannot advise "dying" novice wholesalers because he cannot see them.
I would like to give novice wholesalers the following tips.
1) First, the newcomer must "survive":
Streamline the search for motivated sellers
Streamline the process of adding to the list of investor-buyers
This will move the novice into the 1% of novice wholesalers who have "survived" and have been able to submit their first deal to investor-buyers for consideration.
2) Only then the "survivorship" newbie wholesaler can listen to the advice that investors-buyers give to the 1% "survivorship" novices.
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Congressman Todd Platts yesterday reintroduced a bill to hold agencies more accountable for the performance of their programs.
The Pennsylvania Republican's Program Assessment and Results Act mirrors the bill that the Government Reform Committee passed last October, and includes a few significant changes from the original one Platts introduced last February. The full House never voted on the bill.
Platts, chairman of the Government Reform Subcommittee on Government Efficiency and Financial Management, held four hearings last session on management reform and tweaked the bill based on those hearings, and input from other lawmakers and the administration.
The changes to the original bill include a requirement that OMB work closely with agency executives to evaluate the programs instead of mandating the White House perform all the assessments on their own. Platts also removed the act's sunset date of 2013 and added a requirement that OMB and agencies make the reviews available to the public, Hettinger said.
Sen. Paul Fitzgerald (R-Ill.) sponsored a companion bill last year. But Fitzgerald has retired, so Platts will need to find another Senate sponsor, Hettinger said.
The new bill will go through hearings and markups in the subcommittee and full committee later this spring, Hettinger added.


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Contemporary Issues in Islam and Science
Volume 2, 1st Edition
Edited by Muzaffar Iqbal
New in Paperback: 9781138378582
The articles selected for this volume explore emergent issues in the contemporary relationship between Islam and science and present studies of eight major voices in the discourse. Also included is a section on the operationalization of Islamic science in the modern world and a section on studies in traditional Islamic cosmology.
Contents: Introduction; Part I Formulating Questions on Islam and Science Nexus: Where's where? Mapping out the future of Islamic science (part I), Ziauddin Sardar; Where's where? Mapping out the future of Islamic science (part II), Ziauddin Sardar; Islam, rationality and science: a brief analysis, Mohammad Hashim Kamali; Does science offer evidence of a transcendent reality and purpose?, Mehdi Golshani. Part II Major Voices: Ibn Sina and Abu al-Barakat al-Baghdadi on the origination of the Soul (huduth al-nafs) and the invalidation of its transmigration (ibtal al-tanasukh), Wan Suhaimi Wan Abdullah; Fakhr al-Din al-Razi on physics and the nature of the physical world: a preliminary survey, 'Adi Setia ; Between physics and metaphysics: Mulla Sadra on nature and motion, Ibrahim Kalin; Iqbal's appropriation of modern science vis-á-vis religion: a critical appraisal, Muhammad Maroof Shah; Beyond the 'modern': Sa'id al-Nursi's view of science, Yamine Mermer and Redha Ameur; Science and technology in the discourse of Sayyid Qutb, Ahmed Bouzaid; The sacred versus the secular: Nasr on science, Ibrahim Kalin/Seyyed Hossein Nasr; Sophia Perennis and modern science, Wolfgang Smith/Seyyed Hossein Nasr; The philosophy of science of Syed Muhammad Naquib al-Attas, 'Adi Setia. Part III Islamic Cosmology: In the beginning: Islamic perspectives on cosmological origins, Muzaffar Iqbal; In the beginning: Islamic perspectives on cosmological origins - II, Muzaffar Iqbal. Part IV Operationalization of Islamic Science: Science education: the Islamic perspective, Seyyed Hossein Nasr; Some specific methodologies of relating mathematical sciences and Islam, Shaharir Bin Muhammad Zain; Some upstream research programs for Muslim mathematicians: operationalizing of Islamic values in the sciences through mathematical creativity, 'Adi Setia; Name index.
Muzaffar Iqbal is the founder-president of Center for Islam and Science, Canada. He is the author, editor and translator of twenty-one books on various aspects of Islam, its spiritual and intellectual traditions, Islam and the West, and the history of Islamic science. He is the General Editor of the forthcoming seven-volume Integrated Encyclopedia of the Qur'an, the first English language reference work on the Qur'an based on fourteen centuries of Muslim reflection and scholarship.
Islam and Science: Historic and Contemporary Perspectives
Modern History 1750-1945
World/International History
Islam - Religion
Religion in Context
SOCIAL SCIENCE / Islamic Studies


text:
Q: TinyMCE 6: how to reconfigure toolbar after init() has already run? With TinyMCE 5.x and older, I used to be able to run editor.setMode("readonly"), adjust editor.settings.toolbar and then call editor.setMode("design") to be able to reconfigure toolbar contents after the editor.init() had already been run. I already figured out that editor.setMode() has been replaced with editor.mode.set().
However, the whole editor.settings API seems to have vanished and TinyMCE 6.x documentation only shows toolbar examples with init(). I cannot notice any info about this API being removed in migration guide at https://www.tiny.cloud/docs/tinymce/6/migration-from-5x/ either. The editor.settings has documentation for TinyMce 5.x at https://www.tiny.cloud/docs/api/tinymce/tinymce.editor/
Is it possible to reconfigure TinyMCE 6.x options toolbar or plugins after editor.init() has already been executed?

redpajama_set_name: RedPajamaStackExchange


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Disney on Hulu would leave CBS as the odd network out
MG Siegler
The premium video streaming site Hulu works first and foremost because it has great content. And it looks to be on the verge of getting even better.
A deal to bring Disney's content to Hulu is "basically done," a source familiar with the negotiations tells Silicon Alley Insider. This means we should see content from ESPN, ABC and probably some Disney movies on the service. It's a huge win for Hulu and its fans.
With ABC on board, that means Hulu would have content from all the major networks except CBS. CBS has a separate deal with Hulu competitor Sling.com to stream its content there, among other places. But CBS hardly seems rich with the content that the web-savvy users who watch Hulu now flock to. Instead, ABC is much more important, as it has hit shows like Lost.
ABC currently streams its shows on its own website, and while the HD quality is good, the player itself is clunky, and the experience is poor. That's just about the opposite of Hulu, which offers a really nice user experience and a simplicity that has contributed to its success.
ESPN content is a potentially huge score for Hulu as well, if sporting events are included. Hulu would provide a great way to catch a sporting event you missed if you don't have, don't use, or just forgot to set a DVR to record it for you.
It's thought that the deal to bring this new content to Hulu will make Disney a partner in the venture with NBC and News Corp. (which owns Fox). Such a deal, first reported by paidContent, would see NBC and News Corp. take their current shares in Hulu from 45 percent each down to 30 percent, to make room for Disney at 30 percent as well. Providence Equity Partners would continue to own the remaining 10 percent.
Just yesterday, Disney reached a deal with YouTube to make clips from its properties available on the video site. But the keyword there is "clips" — meaning full shows will not be on YouTube, while they would be on Hulu. Google, which owns YouTube, has been trying to negotiate deals with content providers to get more premium content on its massively popular site, which is right now dominated by user-generated content.
That matters because it is much easier to sell advertisers on running inventory against premium content than the user-generated variety. Though, an article in BusinessWeek today notes that it hasn't been that easy to sell advertisers on Hulu either.
If this deal actually is done, it comes at a good time for Hulu. The company has been receiving some criticism of late for blocking the popular content player startup Boxee from accessing its content. Hulu's content partners, it seems, do not want their content on Boxee even though Boxee isn't doing something like blocking advertisements. It seems likely the content partners are afraid of the fact that Boxee users are hooking up devices to their televisions capable of playing content just as if they were watching normal TV.
Disney doesn't seem to have too much of a problem with Boxee, as its ABC.com streaming content works just fine with the service and has for months.
Another somewhat interesting subtext of this Hulu/Disney talk is that Apple chief executive, Steve Jobs, is Disney's largest shareholder and is on its board of directors. It would seem that eventually the Hulu model (free streaming supported by ads) will go head to head with Jobs' iTunes model (pay for content with no ads).


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Japan's uranium enrichment plant in Rokkasho shipped little product since 2012
On 24 May 2018 Japan Nuclear Fuel Limited (JNFL) shipped 4 tonnes of LEU hexafluoride to the Mitsubishi Nuclear Fuel fabrication plant. TooNippo, a local paper in Aomori, reported at that time that it was the 25th shipment of uranium product and the first one since 2012. It was said to be old material that was produced earlier and stored at the plant.
The chart below, "Low-enriched uranium shipping," reproduced from the JNFL site, shows that no shipments were made in 2019.
It is not entirely clear why the plant is not shipping the uranium product, assuming that it produces one. Since 2012 the plant operates new centrifuges (RE-2A to RE-2C) that replaced the original machines that were shut down in 2011. According to JNFL, the original capacity of the plant when it operated older machines was 1,050 tSWU/year. Two cascades of new centrifuges, 37.5 tSWU/year each, were installed in March 2012 and May 2013. This most likely means that the current capacity of the facility is 74 tSWU/year. The facility is expected to reach the capacity of 1,500 tSWU/year by 2022.
(The post was updated to reflect that the current capacity of the plant is 75 tSWU/year.)
centrifuges,
enrichment,
Japan Nuclear Fuel Ltd,
Rokkasho


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Posted on January 20, 2019 by Steve
Film Review – FRANKENSTEIN (1931)
FRANKENSTEIN (USA, 1931) ****½
Distributor: Universal Pictures (USA), General Film Distributors (GFD) (UK); Production Company: Universal Pictures ; Release Date: 21 November 1931 (USA), 25 January 1932 (UK); Filming Dates: 24 August 1931 – 3 October 1931; Running Time: 70m; Colour: B&W; Sound Mix: Mono (Western Electric Sound System); Film Format: 35mm; Film Process: Spherical; Aspect Ratio: 1.20:1; BBFC Cert: PG – mild horror and violence.
Director: James Whale; Writer: Garrett Fort, Francis Edward Faragoh (Based on the novel "Frankenstein or, the Modern Prometheus" by Mary Wollstonecraft Shelley and the composition of John L. Balderston from the play "Frankenstein" by Peggy Webling); Executive Producer: Carl Laemmle; Producer: Carl Laemmle Jr.; Associate Producer: E. M. Asher; Director of Photography: Arthur Edeson; Music Composer: Bernhard Kaun (uncredited); Film Editor: Maurice Pivar, Clarence Kolster; Art Director: Charles D. Hall; Costumes: ; Make-up: Jack P. Pierce; Sound: C. Roy Hunter; Special Effects: John P. Fulton (uncredited).
Cast: Colin Clive (Henry Frankenstein), Mae Clarke (Elizabeth), John Boles (Victor Moritz), Boris Karloff (The Monster), Edward Van Sloan (Doctor Waldman), Frederick Kerr (Baron Frankenstein), Dwight Frye (Fritz), Lionel Belmore (The Burgomaster), Marilyn Harris (Little Maria). Uncredited: Ted Billings (Villager), Mae Bruce (Screaming Maid), Jack Curtis (Villager), Arletta Duncan (Bridesmaid), William Dyer (Gravedigger), Francis Ford (Hans), Mary Gordon (Mourner), Soledad Jiménez (Mourner), Carmencita Johnson (Little Girl), Seessel Anne Johnson (Little Girl), Margaret Mann (Mourner), Michael Mark (Ludwig), Robert Milasch (Villager), Pauline Moore (Bridesmaid), Inez Palange (Villager), Paul Panzer (Mourner at Gravesite), Cecilia Parker (Maid), Rose Plumer (Villager), Cecil Reynolds (Waldman's Secretary), Ellinor Vanderveer (Medical Student).
Synopsis: Horror classic in which an obsessed scientist assembles a living being from parts of exhumed corpses.
Comment: Following the success of Dracula, released in February 1931, Universal quickly put this adaptation of Mary Shelley's literary horror classic into production. The result was an even stronger film that brought a greater cinematic presence to the stage play adaptation. This is notable in the production design, with its angular sets echoing those seen in the silent expressionist films from Germany. The set design and atmosphere are heightened by Edeson's use of contrast in his cinematography. Like Dracula, this production did not feature a musical score and potentially loses some tension as a result. This is more than made up for by Karloff's performance as the Monster, in which he manages to which evoke sympathy from the audience despite his horrific appearance. Frye, who produced the best performance in Dracula, returns here as the hunchback assistant to Colin Clive's Frankenstein. Clive's own performance may be melodramatic but convincingly conveys the character's descent into madness. Van Sloan (another carry-over from Dracula) is effective as Clive's mentor. Mae Clarke plays the love interest and provides the screams. The result is a monster classic that set the bar for all Universal horror productions, including a host of sequels commencing with BRIDE OF FRANKENSTEIN (1935), to follow.
Notes: Van Sloan (Dr Waldman) also makes an uncredited appearance as himself in the film's prologue, in order to warn audiences of what follows. In 1991, the Library of Congress selected Frankenstein for preservation in the United States National Film Registry as being "culturally, historically, or aesthetically significant."
CategoriesFilm Reviews TagsBoris Karloff, Colin Clive, Dracula, Edward Van Sloan, Frankenstein, Horror, James Whale, Mae Clarke
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There are several Universal Laws that are set to guide humanity except the majority are deluded from the truthful context within each subject. Law of Attraction is about energy and how the individual attracts the favor of the Spirits of the Light or the Entities of the Darkness, and our human associates. Albert Einstein's famous equation E=mc2 proved that everything in the universe is energy. All energy vibrates within a certain frequency according our consciousness. Free choice allows change supported with positive intent will uplift our vibration levels.
The context of the subject you want to comprehend is how to attract the spirits of the light by observing the Law of Attraction.
Unselfish love transmits at a high vibrational frequency. The higher your consciousness increases more love you will feel within your inner spirit. Unselfishness attacks the powers of the darkness at the core; open generosity without a concern for time and money converts the inner heart onto the side of the light. Honest-hearted individuals who pursue spirituality attract a similar disposition. Our vibration attracts similar frequencies.
This world thrives within negative emotion that creates depression, lethargic energy, and lazy minds. The world pursues negative food, music, handheld gaming, and mind controlling HD-TV that creates powerful addictions. Caffeine and Sugar dominate the beverage industry. The Lower Entities dominate this world along with their human cohorts the illuminati occult. The powers of the darkness gain energy from controlled addicted humans who vibrate under congested negative emotion. A main activity that stuffs negative emotion is High Definition Television. HD-TV is causing passivity within the brain at a much faster pace than analog television. Negative music weakens the meridians and can induce trances; repetitious techno music, rap music, heavy house metal music all calibrates at a lower level of consciousness. Hand-held gaming creates addictions that cause an anxious nature.
We attract other humans and 5th dimensions spirits into our life by the power of our thoughts, behavior, and emotions. However, since negative emotions can clog our emotional reality by stuffing within our organs and meridians, more action is required to attract positive energies. Shame, fear, anger, and guilt will gradually create a disposition of inadequacy. Cultures around the world suffer from negative emotional based cultural dynamics that affects the deluded majority.
Many writers will teach that just by raising your vibrational level and consciousness that a person will be granted their heart desire. Teachers have used the Law of Attraction concept as a psychological process re-packaged and marketed for the mass consumer market.
Karmic bonds play an important role within a person situation in life. An individual will benefit by raising their level of consciousness. Yet, the majorities are destined to remain at the lower level of consciousness. Many people around the globe are meant to remain poor or in a disagreeable situation. Even people who are wealthy find themselves controlled by greed and are in a disagreeable situation spiritually. The only remedy is to raise the level of consciousness, clear the emotional baggage, and overcome any addictions that may linger.
The Law of attraction is a universal law that applies to every particle in the universe, yet, karmic bonds will dominate the individual's life path.
Being thankful, grateful, and appreciative of what you have, or don't have, will create positive vibrations that will immensely aid Universal Law of Attraction. The context of the law of attraction is not money or materialism—we want to attract the powers of the light within our lives that will remove loneliness by filling the inner spirit with spirituality. When you show genuine appreciation to someone, you encourage them to develop more of the qualities which you appreciate about them. Appreciation and Gratitude for others Divinely given qualities roots out envy and jealously. Appreciation can help improve a relationship, dissolve a negative situation, and heal on many levels.
A positive morning routine coupled with healthy whole foods can generate a positive focus throughout the day and produce positive energy.
Caffeine and Sugar in the Morning. If you drink Teas or Coffee try to wait until after 11am. Refer to the Daily Meridian Clock.
All Processed foods that come out of a box.


Longtime sportscaster Warner Wolf has been charged with a felony after allegedly damaging a sign at his Florida gated community that he reportedly considers racist.
The 81-year-old Wolf surrendered last Thursday on a felony criminal mischief charge, according to The Associated Press.
He was released on a $5,000 bond, according to BuzzFeed News.
Police say surveillance video shows Wolf removing the word "plantation" from the gate at Classics Plantation Estates in Naples.
The sheriff's department said that Wolf, who announced Major League Baseball and the Olympics for ABC, in addition to a number of other sports, had long criticized the community's name at local meetings, considering it racist, according to reports.
Authorities said that Wolf handed the removed letters to a security guard near the sign, instructing the guard to give them to the property manager.
He allegedly caused more than $1,000 in damage to the sign.


Ok readers, hold on to your aprons. Your gonna love this one. Its easy peasy and will make a great little quick gift for your neighbor, teacher, family, secret pal, mail carrier, ....well, you get the idea.
I have been looking for a recipe to use up the bags of cranberries I have stashed away in my refrigerator. I have never made anything good from cranberries unless they were from a can. I have been in search of a recipe to make with my fresh cranberries, I thought about muffins until I found a recipe for Cramberry jam that only called for three ingredients.
Oh yea, I can do that!
So I made a trial run.
~Boil and stir all together until the cranberries start popping and soften.
~Use an emerssion blender and blend until smooth and replace back on the stove.
~cook on medium heat and stir until the jam makes a sticky coating on back of the spoon.
~Pour into small mason jar.
If you plan to store your jam or give as a gift, place the lids on them and leave on counter until sealed.
The jam will thicken more as it cools.
*Incase your wondering: No extra pectin is needed for the recipe as cranberries produce their own.
We had to try out a small bit on a slice of buttered toast. My husband gave it a thumbs up and litterally scraped the jar clean.
We liked it! It was really sweet with just the right amount of tart to make this a new breakfast favorite.
The hardest part of making this is finding small Mason or Ball jars. Walmart has them in sets of 12. I only need about 6 so I didnt buy any. I'm in search of a smaller bulk of jars, but for now, we will enjoy ours from our own reused jars. I do not need to worry about sealing the jars because this yum yum will not last that long in my kitchen.
The original recipe and many more can be found at Kleinworthco.com.
Sounds very good. I don't have a blender or I would make it.
Oh boy...I do love me some fresh cranberries....going to store tomorrow for a couple bags ....and look for jars...I want to make this for my bunco group.
That sounds easy enough that even I could do it. Nice tip for using the cranberries that are leftover.
My mom would love this recipe!
Yum!!! I make cranberry sauce every Thanksgiving to bring to our family dinner, and I usually make a double batch so we have some for all year. I freeze it in tiny containers and pull one out in the morning if I'm planning to make roast chicken for dinner. It's so much better than the junk in the can!!!


text:
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- The editor-in-chief, in cooperation with the editorial board, is responsible for selecting the appropriate evaluators in accordance with the subject of the research papers submitted for evaluation, their specialty and their ability to evaluate the scientific feasibility of the research paper.
- One of the evaluators is to be from outside the university or country in the hope of evaluating the research paper in a maximum period of a month, otherwise he/she has to apologize within a week.
- In the case of having a negative report from two evaluators, the researcher is not given an acceptance because it is not suitable for publication.
- The researcher is to be informed of the decision of the validity of the publication according to what is stated in the report of the evaluators in a period not exceeding one month from the date of submission to the editorial board.
- The researcher is obliged to make the amendments of the evaluators on his research paper according to the reports sent to him and provide the journal with a modified version in a period not exceeding two weeks.
- The journal then verifies the language in both Arabic and English before sending to the press.


The band is best known for their high-energy live performances, and they have become a crowd favorite at major festivals, fairs and concert venues all across the mid-Atlantic region and abroad. They perform in the old fashioned style, playing around a single vintage ribbon microphone. This "old timey" approach adds an authentic high-energy barn party atmosphere to their show. Watching the whole band work around the mic is like taking a trip back in time. It'll sure make you want to get up and dance!
And don't let the flash of their lively stage performance and choreography fool ya. These folks are highly skilled musicians and seasoned entertainers. Their lightning fast, award-winning picking skills and musical arrangements mixed with natural comedic wit and high lonesome, mountain vocal harmonies are sure to catch your ear right away. Combine that with a knack for original songwriting and a strong passion for old time and traditional music, and this makes for an authentic and exciting musical experience that you won't soon forget. One listen and you'll know that you are getting the real deal! The Gypsies are more than a band – they are a tight-knit family, mindful of tradition but bold explorers of new and authentic styles of acoustic music and entertainment.
members since 2005 and a crowd favorite at many IBMA promoter showcases.
Voted West Virginia's best band by West Virginia Living Magazine – Best of West 2014 competition.
The Gypsies have played many major bluegrass festival events around the country including the Gettysburg Bluegrass Festival, Poppy Mountain Bluegrass Festival, Delfest, Summersville Music in the Mountains Festival, the Outer Banks Bluegrass Festival, the OATS Bluegrass Festival, Mohican Bluegrass Festival, the Pickin' in Parsons Bluegrass Festival, Appalachian Uprising, the Rockahock Bluegrass Festival, the NEPA Bluegrass Festival, the Remington Ryde Bluegrass Festival, the Homegrown Bluegrass Festival at Snowshoe, Bluegrass in the Hills, Mandolin Farm Bluegrass Festival, Smoked Country Jam Bluegrass Festival, Hickory Fest, and many more.
Trae and Jamie Lynn Buckner, original founding members and lead singers for the band, are also husband and wife. In addition to playing all across the country for the last sixteen years together, the duo has performed internationally on multiple occasions. They have performed four times at the Al Ras Bluegrass and Old Time Music Festival in Barcelona, Spain – headlining the festival's ten year anniversary. In addition to their Barcelona performances, they have played in England, Prague, the Czech Republic, Italy and Ireland. They recently traveled to Asia to perform in Thailand. Trae and Jamie Lynn not only represent the Hillbilly Gypsies, they represent American mountain music and the heritage and culture of West Virginia and Appalachia while traveling abroad.
Through the years, a dozen members of the Hillbilly Gypsies have joined the band and later moved on. Some still pop in from time to time and join the Gypsies on stage. Once a Hillbilly Gypsy – always a Hillbilly Gypsy. The group has released six CDs over the years that represent some of the best Appalachian music you'll ever hear.
Carter Family Memorial Music Center, Incorporated, is a nonprofit, rural arts organization established to preserve traditional, acoustic, mountain music staffed by a group of dedicated volunteers. The center is family-friendly, and an alcohol and drug free facility. For further information, go to http://www.carterfamilyfold.org. Shows from the Carter Fold can be accessed at http://www.carterfoldshow.com. Partial funding for programs at the center is provided by the Virginia Commission for the Arts, the National Endowment for the Arts, and the Virginia Tourism Corporation. To access recorded information on the week's upcoming show, call 276-386-6054. The Fold is on Facebook – page Carter Fold – and Twitter – @carterfoldinfo. To speak to a volunteer Fold staff member, call 276-594-0676. If we don't answer you right away, we'll get back to you in 24 hours.


LOS ANGELES — Chicago will sue actor Jussie Smollett for the costs of police overtime spent investigating his claims that he was the victim of a hate crime, which prosecutors say were false, a city official said Thursday.
Smollett, who is black and gay, touched off a social media firestorm by telling police on Jan. 29 that two apparent supporters of President Donald Trump struck him, put a noose around his neck and poured bleach over him.
But the actor, best known for his role as a gay musician on the Fox Television hip-hop drama "Empire," was charged in February with staging the incident himself and filing a false police report.
Last week prosecutors dropped all charges against Smollett, infuriating police and outgoing Mayor Rahm Emanuel. Prosecutors said they stood by the accusation but that an agreement by Smollett to forfeit his $10,000 bond was a just outcome.
The actor's criminal defense attorney, Mark Geragos, could not be reached for comment.
Reporting by Dan Whitcomb; editing by Bill Tarrant and Lisa Shumaker.


That's why you want to go with Hostgator. Hostgator provides all of those services, and more. And beyond that, if you need help with your website, you've got Mark Widawer here to help you, too.
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Take my advice and if you're looking for Woodland Hills, CA Web Hosting, host with Hostgator.
Use the links on this page to get started, and I'll even help you out.
I once tried a free hosting provider, 000webhost, and it was terrible. You get what you pay for. Totally agree, HostGator is awesome.


Girls Junior Olympics take place at various OC pools from July 27-30 with the key finals at Irvine's Woollett Center. The main teams with local players are: 18's, SET seeded 1; 16's, SET seeded third; 14's, Laguna seeded fifth; 12's, Laguna seeded one; 10's, Laguna seeded third. For more information see www.usawaterpolo.org/juniorolympics .
The women's senior national team continued on their title quest at FINA World Championships in Budapest. On July 18 the U.S. defeated Spain 12-8, on July 20 defeated New Zealand 22-7 and Australia 7-5 in the quarterfinals. Russia was up next this past Wednesday, July 26, with Canada facing Spain in the other semifinal. Finals are Friday July 28. Check the new Olympic Channel (Cox 1130) for coverage.


The recording of the month!
MISO represents the exceptional talent and diversity that mirror South Florida's international and multicultural richness. With national and world premieres becoming more common, MISO is a source of growing local pride and support.
Get a glimpse of the upcoming season, MISO's performances have been spectacular. The 2018/2019 Season will prove to be amazing. Click below to download the brochure.
You can get your season pass now or you can buy the package that best suits your taste, no matter which one you get you will be delighted by this season. See you shortly.


text:
using System;
using osu.Framework.Allocation;
using osu.Framework.Bindables;
using osu.Framework.Graphics;
using osu.Framework.Graphics.Containers;
using osu.Game.Configuration;
using osu.Game.Graphics.Backgrounds;
using osu.Game.Screens.Play;
using osuTK;
using osuTK.Graphics;

namespace osu.Game.Graphics.Containers
{
    /// <summary>
    /// A container that applies user-configured visual settings to its contents.
    /// This container specifies behavior that applies to both Storyboards and Backgrounds.
    /// </summary>
    public class UserDimContainer : Container
    {
        private const float background_fade_duration = 800;

        /// <summary>
        /// Whether or not user-configured dim levels should be applied to the container.
        /// </summary>
        public readonly Bindable<bool> EnableUserDim = new Bindable<bool>();

        /// <summary>
        /// Whether or not the storyboard loaded should completely hide the background behind it.
        /// </summary>
        public readonly Bindable<bool> StoryboardReplacesBackground = new Bindable<bool>();

        /// <summary>
        /// The amount of blur to be applied to the background in addition to user-specified blur.
        /// </summary>
        /// <remarks>
        /// Used in contexts where there can potentially be both user and screen-specified blurring occuring at the same time, such as in <see cref="PlayerLoader"/>
        /// </remarks>
        public readonly Bindable<float> BlurAmount = new Bindable<float>();

        private Bindable<double> userDimLevel { get; set; }

        private Bindable<double> userBlurLevel { get; set; }

        private Bindable<bool> showStoryboard { get; set; }

        protected Container DimContainer { get; }

        protected override Container<Drawable> Content => DimContainer;

        private readonly bool isStoryboard;

        /// <summary>
        /// As an optimisation, we add the two blur portions to be applied rather than actually applying two separate blurs.
        /// </summary>
        private Vector2 blurTarget => EnableUserDim.Value
            ? new Vector2(BlurAmount.Value + (float)userBlurLevel.Value * 25)
            : new Vector2(BlurAmount.Value);

        /// <summary>
        /// Creates a new <see cref="UserDimContainer"/>.
        /// </summary>
        /// <param name="isStoryboard"> Whether or not this instance contains a storyboard.
        /// <remarks>
        /// While both backgrounds and storyboards allow user dim levels to be applied, storyboards can be toggled via <see cref="showStoryboard"/>
        /// and can cause backgrounds to become hidden via <see cref="StoryboardReplacesBackground"/>. Storyboards are also currently unable to be blurred.
        /// </remarks>
        /// </param>
        public UserDimContainer(bool isStoryboard = false)
        {
            this.isStoryboard = isStoryboard;
            AddInternal(DimContainer = new Container { RelativeSizeAxes = Axes.Both });
        }

        private Background background;

        public Background Background
        {
            get => background;
            set
            {
                base.Add(background = value);
                background.BlurTo(blurTarget, 0, Easing.OutQuint);
            }
        }

        public override void Add(Drawable drawable)
        {
            if (drawable is Background)
                throw new InvalidOperationException($"Use {nameof(Background)} to set a background.");

            base.Add(drawable);
        }

        [BackgroundDependencyLoader]
        private void load(OsuConfigManager config)
        {
            userDimLevel = config.GetBindable<double>(OsuSetting.DimLevel);
            userBlurLevel = config.GetBindable<double>(OsuSetting.BlurLevel);
            showStoryboard = config.GetBindable<bool>(OsuSetting.ShowStoryboard);

            EnableUserDim.ValueChanged += _ => updateVisuals();
            userDimLevel.ValueChanged += _ => updateVisuals();
            userBlurLevel.ValueChanged += _ => updateVisuals();
            showStoryboard.ValueChanged += _ => updateVisuals();
            StoryboardReplacesBackground.ValueChanged += _ => updateVisuals();
            BlurAmount.ValueChanged += _ => updateVisuals();
        }

        protected override void LoadComplete()
        {
            base.LoadComplete();
            updateVisuals();
        }

        private void updateVisuals()
        {
            if (isStoryboard)
            {
                DimContainer.FadeTo(!showStoryboard.Value || userDimLevel.Value == 1 ? 0 : 1, background_fade_duration, Easing.OutQuint);
            }
            else
            {
                // The background needs to be hidden in the case of it being replaced by the storyboard
                DimContainer.FadeTo(showStoryboard.Value && StoryboardReplacesBackground.Value ? 0 : 1, background_fade_duration, Easing.OutQuint);

                Background?.BlurTo(blurTarget, background_fade_duration, Easing.OutQuint);
            }

            DimContainer.FadeColour(EnableUserDim.Value ? OsuColour.Gray(1 - (float)userDimLevel.Value) : Color4.White, background_fade_duration, Easing.OutQuint);
        }
    }
}

redpajama_set_name: RedPajamaGithub


Jöns Jacob Berzelius discovered selenium in 1817.
(Gr. Selene: moon) Discovered by Berzelius in 1817, who found it associated with tellurium (named for the earth).
Selenium is found in a few rare minerals such as crooksite and clausthalite. In years past it has been obtained from flue dusts remaining from processing copper sulfide ores, but the anode metal from electrolytic copper refineries now provide the source of most of the world's selenium. Selenium is recovered by roasting the mud with soda or sulfuric acid, or by smelting them with soda and niter.
Selenium is used in xerography for reproducing and copying documents and letters.
Selenium is used to make ruby-colored glasses and enamels.
Hydrogen selenide at a concentration of 1.5 ppm is intolerable to man. Selenium occurs in some solid in amounts sufficient to produce serious effects on animals feeding on plants, such as locoweed, grown in such soils. Exposure to selenium compounds (as Se) in air should not exceed 0.2 mg/m3 (8-hour time-weighted average – 40-hour week).


text:
Home > From The Blog > Guest blog: Delaina Sepko on hip-hop, women and gender-balance in radio
Guest blog: Delaina Sepko on hip-hop, women and gender-balance in radio
We invited Delaina Sepko to write a very special guest blog for us on women and hip-hop – part of a series of features we're running focused on hip-hop, to mark the start of our new HND hip-hop and rap module. Delaina is a music researcher, with her own show on the Scottish radio station Sunny G called 'Breaks and Beats'. She writes for us about how her passion for hip-hop often conflicts with the sexism engrained in some of it's content, and how this motivated her to start a gender-balanced hip-hop radio show.
And she's even curated a hip-hop guest playlist for us too! It's an eclectic mix packed with Scottish hip-hop, and classic bangers from some of the best female rappers and MC's of the past and present – all in the same place. Nice.
In May 2020, while the UK was deep into the first COVID lockdown, I started a hip-hop radio show at Sunny G Radio in Glasgow called 'Beats & Breaks'. The show is a mix of 90s American hip-hop, modern tracks that have that vibe, a wide range of Scottish hip-hop artists and a lot of discographical information. Every week, I put on all my hats – sound engineer, hip-hop head, broadcaster and music researcher – to make what I have come to think of as another part of my life-long love letter to hip-hop. The first cassette tape I bought with my own money was Ice T's O.G. Original Gangster. I was 11 years old and ever since then, most of my jobs or hobbies have included hip-hop in some way. 30 years later, I'm still writing that letter every week with Beats & Breaks. But as a woman, hip-hop hasn't always loved me back.
While it is not the only genre with misogynistic elements, hip-hop has (arguably more than) its fair share. As a teenager in the 90s, it was common to hear male artists and even a few women rapping about violence against females, sexually using or abusing women, and reducing them to victims, subjects or trash. Dr Dre partly built his career off the back of a "bitches ain't shit but hoes and tricks" image. The artwork for Snoop Dogg's Doggystyle graphically depicts the fuck 'em and leave 'em attitude that runs through every track on the album. Eminen even rapped about killing the mother of his child and riding around in the car with her body propped up in the front seat. All this was hard to hear as a young woman, and while I didn't automatically discredit these rappers or others like them for their lyrics – Dre was and still is one of my favourite producers – it felt almost impossible to reconcile what I was hearing with my love of the music. Granted, these are some of the more extreme examples from an era of hip-hop when a lot of male rappers asserted their authority through violence and sexual dominance. Not every artist took this route and if they did, it wasn't always so extreme or degrading but it was always there.
More recently, that overt rhetoric has quieted down and changed to a less violent but equally harmful narrative: 'she's good for a female MC/DJ/Engineer/Producer/etc'. Women have always been active in hip-hop and helped build it up from the very beginning. From the late 80s, women like Roxanne Shante, DJ Jazzy Joyce and Baby Love were rapping, DJing and breakdancing alongside and against men and although there were far fewer women taking part, the comparisons were more or less equal. Now there's a divide between men and women with females working in hip-hop getting paid less, promoted less, praised less and these practices perpetuate the idea that women have less value to the genre. The scales are still tipped in favour of men and after all these years, I still can't reconcile this imbalance with my love of hip-hop.
Radio airplay is one area where there's a pretty big imbalance. In August 2020, Linda Coogan Bryne and Womxn In CTRL published Gender Disparity Report: UK Radio that in part surveyed UK airplay of the top 20 songs by domestic artists on commercial stations between 1 June 2019 and 1 June 2020. The report broke down the results by male, female and collaborations and showed that every station assessed gave male artists more airplay than women and some stations were heavily, if not entirely, favouring men. Kerrang! and Absolute Radio, we see you. For example, BBC Radio 1 and BBC 1 Xtra – the two stations in the BBC network you'd be most likely to hear hip-hop – favoured songs by male artists 85% and 76.2% respectively. The effects this imbalance has on female artists are many and profound, with two of the most important being less exposure and less PRS or PPL payments for airplay. Add hip hop's less than favourable attitude towards women to the general practice of giving women less radio airtime and you'll find that there aren't many hip hop shows that play female artists, fewer fronted by female presenters and almost none that present a gender-balanced track list.
At points during the last 30 years, I thought it would be better for me – particularly my peace of mind and self-esteem – to just give up on hip-hop. Why continue to love the music and to work in the industry when I had to put in 3 or 4 times the effort just to sit at the table and get paid less? Some of the worst experiences I had as a sound engineer came from male hip-hop artists that simply couldn't stomach the fact there was a woman behind the board for their sessions. Sometimes it was awkward when I was mistaken for the studio's receptionist. Other times it was demeaning. And only once was the name calling accompanied by physical threats. One bad apple doesn't spoil the bushel – as my gran used to say – and I agree but it sure does give you the boke when you bite into it.
Beats & Breaks is a way for me to stop fretting about all the things I feel are off about hip hop and focus on one thing I could do to help put some of it right: even out radio airplay. At first, I thought I'd just programme a gender-balanced track list and that would be good enough. Normalise it, and not make a fuss. But once I saw the Report's results, I knew I'd have to be more open about what I was doing. I wasn't just playing music; I was also giving all hip-hop artists an equal footing on the same platform. As far as I can tell, I host the only female-fronted hip hop show in Scotland and Beats & Breaks is the only one with a gender-balanced track list. I want to be wrong about this. I want there to be other shows I haven't heard about because I don't want to hold on to this title.
I understand not every radio presenter has the luxury of playing whatever she or he wants. Commercial stations have much stricter and tighter constraints on what songs their presenters can choose from but as a community radio presenter, I have no such obligations. Beats & Breaks is my opportunity to not just settle the discomfort in my own heart and soul but also to encourage other women to present hip-hop radio shows and generally raise awareness about the airplay imbalance. I realised early on that wasn't going to happen if I didn't share what I was doing with Beats & Breaks. I want more women in Scotland involved in hip-hop as MCs, DJs, producers, promoters, sound engineers, radio presenters, event organisers and managers and part of seeing that happen – at least my part – is to reach out to anyone considering those roles and let them know that Beats & Breaks and Sunny G are spaces where the you'll never be called "good for a female."
Delaina Sepko is a music researcher, radio presenter and life-long hip hop head living in Glasgow, Scotland. She trained as a sound engineer at Sarm West under Trevor Horn, Tim Weidner and Robert Orton and was a finalist for the 2005 Music Week Woman of The Year award for being Sarm's first female assistant engineer. After working with the Pet Shop Boys, Seal, Tinchy Stryder, Transglobal Underground and Get Cape. Wear Cape. Fly., she earned an MSc and PhD in Information Studies and audio preservation from University of Glasgow. Now she is a contributor to the long form blog Hip Hop Scotland, presents Beats & Breaks on Sunny G Radio every Wednesday from 8-10 PM and uses the show to promote gender equality and showcase Scottish hip-hop.
Website: www.dmfresearch.com
Twitter: @delainasepko
Listen to Beats & Breaks archived shows on Mixcloud.
10th January 2022 / From The Blog, Glasgow
6th January 2022 / From The Blog, Glasgow
2nd December 2021 / From The Blog, Glasgow
1st November 2021 / From The Blog, Glasgow


Power electronics became an identifiably separate area of electrical engineering with the invention of the thyristor about 30 years ago. The growing demand for controllability and conversion of electric energy has made this area increasingly important, which in turn has resulted in new device, circuit and control developments. In particular, new components, such as the GTO and power MOSFET, continue to extend power electronic technology to new applications. The technology embodied by the name "power electronics" is complex. It consists of both power level and signal level electronics, as well as thermal, mechanical, control, and protection systems. The power circuit, that part of the system actually processing energy, can be thought of as an amplifier around which is placed a closed loop control system. The goal of this book is to provide an easily understood exposition of the principles of power electronics. Common features of systems and their behavior are identified in order to facilitate understanding. Thyristor converters are distinguished and treated according to their mode of commutation. Circuits for various converters and their controls are presented, along with a description of ancillary circuits such as those required for snubbing and gate drives. Thermal and electrical properties of semiconductor power devices are discussed. The line-converter and converter-load interfaces are examined, leading to some general statements being made about energy transfer. Application areas are identified and categorized with respect to power and frequency ranges. The many tables presented in the book provide an easily used reference source.


text:
Arts & Culture Film
Spokane-made Knights of Badassdom now on Netflix Instant; Z Nation to come
Posted By Chey Scott on Wed, Jan 7, 2015 at 2:42 PM
Peter Dinklage filmed in Spokane before his days of Game of Thrones acclaim.
Nearly a year after it hit local theater screens, the Spokane-made, nerd culture comedy/horror Knights of Badassdom is now available to stream on Netflix Instant.
While the film has been available on other video-on-demand platforms for some time at a fee, Netflix subscribers can now watch the fantastical LARP-ing adventures of its all-star cast of characters — played by Peter Dinklage (Game of Thrones), Steve Zahn (Treme), Ryan Kwanten (True Blood), Danny Pudi (Community) and Summer Glau (Firefly) — as part of their subscription package.
Knights was shot in and around Spokane by the local production studio North by Northwest back in summer 2010, and before major, breakthrough roles for some of the aforementioned actors. Due to delays in production and distribution, the film wasn't publicly released until January 2014.
Speaking of other locally filmed sci-fi adventures, Z Nation is set to release on Netflix Instant this Friday, Jan. 9. Looks like we all have some weekend binge-watching to look forward to.
Tags: Knights of Badassdom , Netflix , new releases , Z Nation , Culture , Film , Arts & Culture , Image
Someone has a new nickname for Ben Stuckart
Royal Tenenbaums, Iron Goat Brewing star in our next Suds and Cinema
As finale approaches, follow Z Nation's blood trail through Spokane
By Jacob Jones
Z Nation gets the green light for a second season
By Jacob H. Fries
We all watched "Z Nation" and here's what we thought
By Mike Bookey
First glimpse of Spokane-made "Z Nation" tonight during "Sharknado 2"
PHOTOS: Filming "Z Nation"
By Young Kwak
A zombie apocalypse years in the making
By Luke Baumgarten
A Long Time Coming
More than three years after being filmed in Spokane, Knights of Badassdom makes it to theaters
By Chey Scott
Do as the Italians do
By Inga Laurent
2019 Peirone Prize nominations are open! Here's your chance to recognize those doing good in the Inland Northwest
A new traveling exhibit at the MAC explores inspirations behind dragons, unicorns, mermaids and other mythic creatures
There's one day left to submit to the Inlander's first-ever Pets Issue photo contest!
Sen. Billig's "dark money" bill would root out secret big money donors in WA elections
More by Chey Scott
A new pop-up dinner series combines creative food with the power of pop culture
Ferguson's: Serving breakfast all day, and starring in movies, too
Pet obesity in the U.S. is on the rise. Local veterinarians share why it's important to keep your furry friends from overindulging
Call this Spokane man for help if your cat gets stuck in a tree
Chey Scott
Chey Scott is the Inlander's food and listings editor. She compiles the weekly events calendar for the print and online editions of the Inlander, manages and edits the food section, and also writes about local arts and culture. Chey (pronounced Shay) is a lifelong Spokanite and a graduate of Washington State University...


Looking for a meal that is: Easy? Check. Healthy? Check. Vegan? Check. Delicious? Double check.
This is one of those recipes that could easily convince you that veganism is the way to go. Seriously. It's not only super simple and easy to make but packs such flavor while also offering a diversity of textures. It's pretty easy on the eyes as well as the soba noodles provides a perfect backdrop for the brightly-colored vegetables that are the star of the show. Yum. Yum. Yum.
Heat oil in a deep skillet or Dutch oven over medium-low heat. Once hot, add shallot and cabbage and sauté for about 8 minutes or until softened.
Add noodles, tossing to combine. Serve hot garnished with extra cilantro if desired.