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Dihyroxycarotenoid
Nonprovitamin A carotenoid
For Patients & Caregivers
Tell your healthcare providers about any dietary supplements you're taking, such as herbs, vitamins, minerals, and natural or home remedies. This will help them manage your care and keep you safe.
Current evidence is not sufficient to know if lutein is useful in preventing macular degeneration or cataracts. A diet containing lutein-rich vegetables and fruits may lower the risk of some cancers.
Lutein is a natural pigment synthesized by plants and microorganisms. Because it is an antioxidant, cancer prevention activity has been proposed, but no studies have proved this. Scientists also think that lutein may stimulate the immune system, stop DNA from mutating, or stop the growth of pre-cancerous cells. Lutein has been associated with a decreased risk of macular degeneration and cataracts, but there is not enough evidence to draw definite conclusions. There is some early evidence that increased lutein levels in the blood may protect against heart disease, but more studies are needed.
Purported Uses
To prevent cancer
Increased lutein consumption has been associated with decreased risks for some types of kidney, bladder, and breast cancers. And intake of lutein-rich foods has the added benefit of providing other important nutrients.
To treat cataracts
Population-based studies in humans found that eating lutein-rich foods was associated with reduced risk of developing cataracts. There is no evidence that lutein can treat cataracts or that lutein supplements could have the same effect as dietary lutein.
To prevent and treat macular degeneration
A few clinical trials support this use, but others have found no effect of dietary lutein on macular degeneration. Also, there is not enough evidence that lutein supplementation can treat macular degeneration.
To increase visual acuity
Some trials in patients with degenerative diseases of the retina support this use.
To prevent heart disease
One small study indicates that taking lutein supplements may protect against heart disease, but additional studies are needed.
Clinical Summary
Lutein is a natural carotenoid pigment synthesized by plants and microorganisms. Carotenoids are classified as either provitamin A (alpha-carotene, beta-carotene, and beta-cryptoxanthin, which can be converted into retinol) or nonprovitamin A (lutein, lycopene, and zeaxanthin). Lutein has antioxidant (1) (2) and anti-inflammatory (3) activities, and supplements are marketed as protection against ocular diseases such as age-related macular degeneration (AMD) and for general eye health.
Preliminary studies on lutein supplementation in various populations suggest it may reduce biomarkers for coronary vascular disease, increase serum and plasma lutein, and reduce inflammatory cytokines (5) (6) (34). In addition, lutein supplementation may improve visual field in patients with retinitis pigmentosa (15) and retinal function in patients with early AMD (38). A recent meta-analysis also suggests benefit with lutein supplementation for AMD (40), although older studies found insufficient evidence (13) (14), and data on whether it improves macular pigment optical density are mixed (35) (36). Other long-term studies found no effects with supplementation on cognitive function (31) or risk for cataract surgery or vision loss (32).
Dietary lutein may protect against DNA damage, but this may be due to concomitant intake of other micronutrients (4). Epidemiologic studies also suggest an association between increased lutein consumption and decreased incidence of atherosclerosis (7) and cataracts (8) (9), although the effects of dietary lutein on macular degeneration are inconsistent (10) (11) (12).
With respect to effects on cancer risk, increased lutein consumption was associated with decreased risks for some types of kidney, bladder, and breast cancers (16) (17) (18), but not lung or prostate cancers (23) (39), and effects on risk of cervical or colon cancer are conflicting (19) (20) (21) (22).
Kale, spinach, winter squash, cruciferous vegetables, cabbage, green beans, yellow/orange fruits, mangoes, papayas, peaches, oranges (1). Lutein is absorbed best with meals that are higher in fat.
Lutein is one of the predominant carotenoids that accumulates in both the lens and retinal macula (24). It scavenges reactive oxygen species, preventing damage to DNA and protein molecules (19) (25). As an oxycarotenoid, its structure is less hydrophobic than beta-carotene and lycopene. This enables lutein to react with free radicals in a membrane's aqueous phase, resulting in increased membrane integrity, which may in turn affect tissue permeability to oxygen and other molecules (19). It may also protect against ocular damage by reducing the amount of blue light that reaches photoreceptors (25).
As a nonprovitamin A carotenoid, lutein does not have any vitamin A activity, but does have antioxidant, anti-inflammatory, and immune-enhancing properties. In an obese rat model, lutein independently reduced superoxide dismutase activity, and also raised glutathione peroxidase activity in lean rats when combined with ascorbic acid (26). In vitro and atherosclerotic mouse models demonstrate the ability of lutein to inhibit monocyte inflammatory responses to low-density lipoprotein (LDL) in the artery wall and reduce monocyte migration (7). In humans, lutein supplementation decreases lipid peroxidation and inflammatory response (5).
Carotenoids including lutein inhibit mutagenesis and transformation, and premalignant lesions (1). In murine mammary cancer models, dietary lutein selectively modulated apoptosis and inhibited angiogenesis by increasing p53 and Bax proapoptotic gene expression, while decreasing Bcl-2 antiapoptotic gene expression with a subsequent increase in Bax:Bcl-2 ratio in tumors (27). Lutein-mediated AP-1 suppression and anti-inflammatory effects are due to its antioxidative and p38/c-Jun-N-terminal kinase inhibitory activities (3). In a hepatocellular carcinoma animal model, lutein reduced γ-glutamyl transpeptidase activity, a marker of cellular proliferation (2).
Dosage (OneMSK Only)
Khachik F, Beecher GR, Smith JC, Jr. Lutein, lycopene, and their oxidative metabolites in chemoprevention of cancer. J Cell Biochem Suppl. 1995;22:236-246.
Sindhu ER, Firdous AP, Ramnath V, et al. Effect of carotenoid lutein on N-nitrosodiethylamine-induced hepatocellular carcinoma and its mechanism of action. Eur J Cancer Prev. Jul 2013;22(4):320-327.
Oh J, Kim JH, Park JG, et al. Radical scavenging activity-based and AP-1-targeted anti-inflammatory effects of lutein in macrophage-like and skin keratinocytic cells. Mediators Inflamm. 2013;2013:787042.
Yong LC, Petersen MR, Sigurdson AJ, et al. High dietary antioxidant intakes are associated with decreased chromosome translocation frequency in airline pilots. Am J Clin Nutr. Nov 2009;90(5):1402-1410.
Wang MX, Jiao JH, Li ZY, et al. Lutein supplementation reduces plasma lipid peroxidation and C-reactive protein in healthy nonsmokers. Atherosclerosis. Apr 2013;227(2):380-385.
Xu XR, Zou ZY, Xiao X, et al. Effects of lutein supplement on serum inflammatory cytokines, ApoE and lipid profiles in early atherosclerosis population. J Atheroscler Thromb. Feb 22 2013;20(2):170-177.
Dwyer JH, Navab M, Dwyer KM, et al. Oxygenated carotenoid lutein and progression of early atherosclerosis: the Los Angeles atherosclerosis study. Circulation. Jun 19 2001;103(24):2922-2927.
Christen WG, Liu S, Glynn RJ, et al. Dietary carotenoids, vitamins C and E, and risk of cataract in women: a prospective study. Arch Ophthalmol. Jan 2008;126(1):102-109.
Moeller SM, Voland R, Tinker L, et al. Associations between age-related nuclear cataract and lutein and zeaxanthin in the diet and serum in the Carotenoids in the Age-Related Eye Disease Study, an Ancillary Study of the Women's Health Initiative. Arch Ophthalmol. Mar 2008;126(3):354-364.
Dagnelie G, Zorge IS, McDonald TM. Lutein improves visual function in some patients with retinal degeneration: a pilot study via the Internet. Optometry. Mar 2000;71(3):147-164.
Tan JS, Wang JJ, Flood V, et al. Dietary antioxidants and the long-term incidence of age-related macular degeneration: the Blue Mountains Eye Study. Ophthalmology. Feb 2008;115(2):334-341.
Cho E, Hankinson SE, Rosner B, et al. Prospective study of lutein/zeaxanthin intake and risk of age-related macular degeneration. Am J Clin Nutr. Jun 2008;87(6):1837-1843.
Chong EW, Wong TY, Kreis AJ, et al. Dietary antioxidants and primary prevention of age related macular degeneration: systematic review and meta-analysis. BMJ. Oct 13 2007;335(7623):755.
Trumbo PR, Ellwood KC. Lutein and zeaxanthin intakes and risk of age-related macular degeneration and cataracts: an evaluation using the Food and Drug Administration's evidence-based review system for health claims. Am J Clin Nutr. Nov 2006;84(5):971-974.
Bahrami H, Melia M, Dagnelie G. Lutein supplementation in retinitis pigmentosa: PC-based vision assessment in a randomized double-masked placebo-controlled clinical trial [NCT00029289]. BMC Ophthalmol. 2006;6:23.
Hu J, La Vecchia C, Negri E, et al. Dietary vitamin C, E, and carotenoid intake and risk of renal cell carcinoma. Cancer Causes Control. Oct 2009;20(8):1451-1458.
Ros MM, Bueno-de-Mesquita HB, Kampman E, et al. Plasma carotenoids and vitamin C concentrations and risk of urothelial cell carcinoma in the European Prospective Investigation into Cancer and Nutrition. Am J Clin Nutr. Oct 2012;96(4):902-910.
Eliassen AH, Hendrickson SJ, Brinton LA, et al. Circulating carotenoids and risk of breast cancer: pooled analysis of eight prospective studies. J Natl Cancer Inst. Dec 19 2012;104(24):1905-1916.
Slattery ML, Benson J, Curtin K, et al. Carotenoids and colon cancer. Am J Clin Nutr. Feb 2000;71(2):575-582.
Mannisto S, Yaun SS, Hunter DJ, et al. Dietary carotenoids and risk of colorectal cancer in a pooled analysis of 11 cohort studies. Am J Epidemiol. Feb 1 2007;165(3):246-255.
VanEenwyk J, Davis FG, Bowen PE. Dietary and serum carotenoids and cervical intraepithelial neoplasia. Int J Cancer. Apr 22 1991;48(1):34-38.
Ghosh C, Baker JA, Moysich KB, et al. Dietary intakes of selected nutrients and food groups and risk of cervical cancer. Nutr Cancer. 2008;60(3):331-341.
Gallicchio L, Boyd K, Matanoski G, et al. Carotenoids and the risk of developing lung cancer: a systematic review. Am J Clin Nutr. Aug 2008;88(2):372-383.
Chitchumroonchokchai C, Schwartz SJ, Failla ML. Assessment of lutein bioavailability from meals and a supplement using simulated digestion and caco-2 human intestinal cells. J Nutr. Sep 2004;134(9):2280-2286.
Koushan K, Rusovici R, Li W, et al. The role of lutein in eye-related disease. Nutrients. May 2013;5(5):1823-1839.
Blakely S, Herbert A, Collins M, et al. Lutein interacts with ascorbic acid more frequently than with alpha-tocopherol to alter biomarkers of oxidative stress in female zucker obese rats. J Nutr. Sep 2003;133(9):2838-2844.
Chew BP, Brown CM, Park JS, et al. Dietary lutein inhibits mouse mammary tumor growth by regulating angiogenesis and apoptosis. Anticancer Res. Jul-Aug 2003;23(4):3333-3339.
van het Hof KH, Brouwer IA, West CE, et al. Bioavailability of lutein from vegetables is 5 times higher than that of beta-carotene. Am J Clin Nutr. Aug 1999;70(2):261-268.
Olmedilla B, Granado F, Southon S, et al. A European multicentre, placebo-controlled supplementation study with alpha-tocopherol, carotene-rich palm oil, lutein or lycopene: analysis of serum responses. Clin Sci (Lond). Apr 2002;102(4):447-456.
National Academy Press. Dietary Reference Intakes for Vitamin C, Vitamin E, Selenium, and Carotenoids. 2000; http://books.nap.edu/catalog.php?record_id=9810. Accessed August 6, 2020.
Chew EY, Clemons TE, Agron E, et al. Effect of Omega-3 Fatty Acids, Lutein/Zeaxanthin, or Other Nutrient Supplementation on Cognitive Function: The AREDS2 Randomized Clinical Trial. JAMA. Aug 25 2015;314(8):791-801.
Chew EY, SanGiovanni JP, Ferris FL, et al. Lutein/zeaxanthin for the treatment of age-related cataract: AREDS2 randomized trial report no. 4. JAMA Ophthalmol. Jul 2013;131(7):843-850.
Glaser TS, Doss LE, Shih G, et al. The Association of Dietary Lutein plus Zeaxanthin and B Vitamins with Cataracts in the Age-Related Eye Disease Study: AREDS Report No. 37. Ophthalmology. Jul 2015;122(7):1471-1479.
Thomson RL, Coates AM, Howe PR, et al. Increases in plasma lutein through supplementation are correlated with increases in physical activity and reductions in sedentary time in older adults. Nutrients. Mar 3 2014;6(3):974-984.
Nolan JM, Loskutova E, Howard A, et al. The impact of supplemental macular carotenoids in Alzheimer's disease: a randomized clinical trial. J Alzheimers Dis. 2015;44(4):1157-1169.
Obana A, Tanito M, Gohto Y, et al. Changes in Macular Pigment Optical Density and Serum Lutein Concentration in Japanese Subjects Taking Two Different Lutein Supplements. PLoS One. 2015;10(10):e0139257.
Korobelnik JF, Rougier MB, Delyfer MN, et al. Effect of Dietary Supplementation With Lutein, Zeaxanthin, and omega-3 on Macular Pigment: A Randomized Clinical Trial. JAMA Ophthalmol. Nov 1 2017;135(11):1259-1266.
Huang YM, Dou HL, Huang FF, et al. Changes following supplementation with lutein and zeaxanthin in retinal function in eyes with early age-related macular degeneration: a randomised, double-blind, placebo-controlled trial. Br J Ophthalmol. Mar 2015;99(3):371-375.
Graff RE, Judson G, Ahearn TU, et al. Circulating Antioxidant Levels and Risk of Prostate Cancer by TMPRSS2:ERG. Prostate. May 2017;77(6):647-653.
Feng L, Nie K, Jiang H, et al. Effects of lutein supplementation in age-related macular degeneration. PLoS One. 2019;14(12):e0227048.
Email your questions and comments to aboutherbs@mskcc.org.


text:
Ortovox vs Barryvox: Taking It to the Courts
by Jonathan Shefftz October 18, 2010
written by Jonathan Shefftz October 18, 2010
Big thanks to Backcountry Access for sponsoring this avalanche education content. Check out the additional plethora of avalanche safety resources on their website.
As avalanche beacon features advance, so too has the competition among beacon manufacturers, both in the marketplace and occasionally in words also. But Ortovox's recent patent lawsuit against Mammut might be a first.
Before delving into the details, some initial background. In 2005 Ortovox unveiled the design for its S1 beacon. Although Pieps had already been using signal separation for multiburial flagging/marking in its DSP since 2003, the S1 promised to allow a user to choose among multiple victim symbols (instead of just automatically locking onto the strongest signal) and to differentiate between fore/aft in signals, along with a radically new user interface.
Unfortunately, the S1's release was delayed until 2007 — before then Mammut released the Barryvox Pulse in 2006 with its own version of much of the S1's feature set.
Or was it Mammut's own version?
A German court has now ruled in favor of Ortovox's patent infringement lawsuit against Mammut concerning the use of the internal compass in searching. (The Pieps DSP offers a compass function in its "Advanced" version, but it is entirely unrelated to the search function.) The ruling currently applies only to the German market, but Ortovox can be expected to pursue this in other markets too.
The immediate ramification is that Mammut must withdraw all of its Barryvox Pulse beacons currently for sale in Germany and modify the firmware so that the compass is no longer used for searching: It is unclear if this will affect only the ahead/behind indicator or other aspects of the search function. Mammut must also pay damages (presumably to be computed by someone like me in my day job incarnation) and cover legal costs.
The Ortovox press release follows below (in language that is triply confusing since it was written by a non-native English speaker about legal action concerning technical beacon features, lightly edited by WildSnow for clarity). I'll try to solicit the official word from Mammut on this for some balance.
October 20 edit: Response from Mammut —
Mammut believes that the court's ruling applies to the particular manner in which the internal compass is used for searching and is not a blanket prohibition on any use of an internal compass for searching.
Mammut also believes that Ortovox's patents in other countries are different than in Germany, and that in particular the U.S. patents present no case for infringement.
Mammut is confident that the Pulse beacons currently being pulled back from German retailers will be able to made compliant in a manner that will not affect their performance.
Now back to the Ortovox press release, followed by the Mammut press release.
Press Release: ORTOVOX wins patent lawsuit against Mammut
For a few years Ortovox has been conducting a lawsuit against Mammut because of a patent infringement regarding the Mammut Barryvox Pulse avalanche rescue beacon. On October 14 the judgment on this patent infringement was announced by the higher regional court of Düsseldorf, Germany. The court decided in second instance without further appeal that Barryvox Pulse is indeed an infringement on the Ortovox patent which is used in the Ortovox S1. The court decided in favor of Ortovox as follows:
– is obliged to take back all stocked Barryvox Pulse transceivers at German retailers and refund their money or change the software programme which ensures that the compass is no longer used within the Barryvox Pulse.
– is no longer allowed to sell Barryvox Pulse using a compass as described in the patent.
– has to inform Ortovox about all retailers in Germany who have received Barryvox Pulse and the number of beacons sold to German retailers.
– is obliged to pay compensation to Ortovox for all the above.
– is obliged to pay for all the costs of the lawsuit.
Although the court decided without further appeal German law allows to lodge a complaint against no further appeal which would enable Mammut to go into a further appeal. However, this is unlikely as these complaints are only accepted in case of essential issues. In this case we just have a singular decision on a patent infringement which is normally not considered to be an essential issue.
This court decision is only valid for the German patent. As Ortovox is also holding the same patent in other European countries like Austria, Italy, France and Switzerland and also in the USA and Canada more patent lawsuits are to be expected if there is no agreement between Ortovox and Mammut.
The Ortovox patent combines magnetic compass signals with transmitted signals from an avalanche transceiver. The advantages of this Ortovox patent are:
– The transceiver with said compass function is capable of displaying the direction of the receiving signal in 360°.
– The display of the direction of the signal remains on the screen even in situations when common transceivers are not able to display a signal, for example in a pause of a signal or during the period of overlapping signals.
– Changes in the direction of a signal are shown instantly, without any delay.
– If the searcher is moving away from the victim, the transceiver will still show an arrow in the correct direction, which no other transceiver can do yet.
– The combination of the transceiver signal with magnetic compass information makes it easy to identify a signal and to display more than one victim simultaneously on the screen.
Gerald Kampel, CEO Ortovox, October 15, 2010.
And here's the Mammut press release:
Statement on Patent Infringement Case Mammut Pulse Barryvox and Ortovox S1
On 14 October 2010, the higher regional court of Dusseldorf, Germany ruled that the Mammut Pulse Barryvox infringes on the German patent for the Ortovox S1 avalanche search device.
The written judgement and the reasons for the decision have not yet been published.
Both devices were developed in the same time period and both represent the highest technical state of the art. The patent conflict developed from independent and secret attempts by both companies to develop features which offer the highest possible safety to customers. The multi-year case was decided first in favour of Mammut, and now after appeal, in favour of Ortovox.
This judgement applies exclusively to the German market and does not affect other countries. Mammut expects the final judgement to be released within a few weeks. Upon receipt of the judgement and the reasoning behind it, Mammut will work to find a lasting solution for the German market that does not affect the future safety of our customers.
The valid Ortovox patents in the remaining European countries and in the USA are significantly different than the German patent. In the opinion of the Mammut Sports Groups legal advisers the Pulse Barryvox clearly does not infringe upon these patents.
In the United States Mammut will continue to sell, service and support the Pulse Barryvox as we have for the past 5 years with no change to our long-term commitment to the safety of our customers or to the professionals who rely on our products every day.
(WildSnow guest blogger Jonathan Shefftz lives with his wife and daughter in Western Massachusetts, where he is a member of the Northfield Mountain and Thunderbolt / Mt Greylock ski patrols. Formerly an NCAA alpine race coach, he has broken free from his prior dependence on mechanized ascension to become far more enamored of self-propelled forms of skiing. He is an AIARE-qualified instructor, NSP avalanche instructor, and contributor to the American Avalanche Association's The Avalanche Review. When he is not searching out elusive freshies in Southern New England or promoting the NE Rando Race Series, he works as a financial economics consultant.)
La Niña — What Will the Girl Child Bring?
Onyx Index and FAQ is Published
Tuck October 18, 2010 - 10:33 pm
Wow, that was a scary moment there. I had to go back and check the byline, as I almost thought that I had read that Lou had a day job. 😉
What a disappointment that nearly was.
Lou October 19, 2010 - 6:53 am
Good to see Jonathan back with his beacon coverage!
Eric Steig October 19, 2010 - 7:52 am
Lou/Jonathon,
Do you know which other Ortovox transceivers have this same feature? Does the new 3+
Patrick Odenbeck October 19, 2010 - 8:05 am
Nick October 19, 2010 - 10:14 am
I worry what will happen here in the USA if Ortovox continues their litigation in other markets. Will my Barryvox have its compass function disabled by future firmware updates?
It would be nice if Mammut and Ortovox could come to a licensing agreement to allow the feature to be used on Mammut beacons.
Of course, it could be the case that Ortovox has already offered a license and Mammut refused to pay.
Just noticed that the post before mine was by a different Nick 😕 😆
Jonathan Shefftz October 19, 2010 - 10:54 am
— Only the S1 (and not the 3+).
Nathan B October 19, 2010 - 11:35 am
Very disappointing corporate behavior here.
— I like the way that this comment can be interpreted as criticizing one company, the other company, or even both companies.
Chris October 19, 2010 - 12:07 pm
I'm worried that this ruling will have a negative effect on my beacon – and therefore my safety! Is there any reports that Mammut intends to appeal this decision? I agree with another commenter – I wish that Mammut had been required to pay a licensing fee instead of removing this feature.
Jonathan Shefftz October 19, 2010 - 12:29 pm
I just looked up a New Yorker article I read years ago (back then in print, now on-line), "The Flash of Genius" on Bob Kearns and the intermittent windshield wiper.
He died in 2005 — after a lifetime pursuing lawsuits against the auto industry, two of which were successful — and a movie was made about him two years ago.
Some interesting reading if the world of patent law intrigues you.
Maki October 19, 2010 - 12:47 pm
I raised this point before, but I think it's now even more appropriate.
Despite the digital processing, current beacons are still built around a primitive technology that's half a century old. When are these folks going to discuss a new advanced standard for truly digital beacons that communicate with each other and integrate all the "extra" useful features the various manufacturers have been developping lately?
Are they interested in saving human lives or just ripping each other in the court? How much money, energy and time has been *wasted* in this litigation? What has the world gained from it?
I'm sick.
Graeme October 19, 2010 - 3:47 pm
so…a legal process amongst BC safety companies that results in decreased safety features. that's progress??
Jonathan L October 19, 2010 - 5:47 pm
Tough bones. If you spend the time and money to develop something and it is stolen, and that's okay, you ain't gonna spend the time and money to develop something even cooler. If Mammut (which makes great stuff, BTW) still wants our business, they'll do the right thing. And they'll still get our business. If they don't, they won't.
And the smart people who want to do cool work will end up working somewhere their work is defended and valued.
OMG my old frequency won't work? That's so unfair. I think I'll put on my Walkman and sulk.
Property law is an imperfect system, but seems to have worked ok when I look around… Two steps forward and one back still equals one step forward. I'd agree that avalanche beacons could be much better and I've been surprised for while that they didn't improve faster. It's really been quite a soap opera watching the whole thing over the years. But they do continue to improve…
Jonathan Shefftz October 20, 2010 - 2:12 pm
The response from Mammut (both a quick summary and the official press release) has now been incorporated into the original blog post. (Figured that was better than starting a new blog post.) I've also added hyperlinks to the original press release pdf files.
Mammut clearly views this court victory as having a lesser impact, but of course the ultimate outcome will be in the combined hands of lawyers, software engineers, and electrical engineers. (Kind of sounds like one of those bad jokes with the lawyer, software engineer, and electrical engineer walking together into the apres ski bar and . . . )
Lou October 20, 2010 - 3:29 pm
Thanks Jonathan, yes, since your post was only yesterday we might as well just edit it. If the change is major, make a note in the text. Otherwise just slip it in there.
rolf October 21, 2010 - 3:12 am
People always wonder why the transceiver technology is so 'old fashioned'. One reason is agreements between the Manufacturers in meetings at the IKAR (rescue services). Second are international standards like CE in Europe. And third (not totally neglectable): developing new software is in the millions. And the number of transceivers users is (still?) limited.
I think there is still a long way to go in tranceivers, but manufacturers also deserve some credit for constantly bringing out new software for their newest models. Like a developer of transceiver software said to me: 'I am glad they ask me HOW to built decent transceivers and not IF they should built them' (financially speaking).
Maki October 21, 2010 - 2:08 pm
Rolf,
personally I don't wonder why transceiver technology is so old fashioned. Actually, I don't think it is. It's the standard behind it that is obsolete. There is a difference.
Current standards have been set long ago, in an analog world. All you could do at the times was a totally dumb device with a single antenna emitting/receiving on a single frequency, beeping or flashing a light when you got close to the victim.
We are now in the digital era and we can do much better. You can fit under your shirt a computer with three antennas, a compass, orientation sensors, movement sensors, heart monitors, you name it. A digital device can tell the rescuer if the buried is alive, if he's a dog or a human or a snowmobile, it can be turned off by remote if needed and so on. Am I inventing something here? No. In fact, almost all the above is already done by current transceivers. However this is done independently by the various companies, each with his own proprietary solution that doesn't communicate with the others. The common ground is always the same as 50 years ago: a brainless device.
Companies are investing a lot of resources to develop interesting features, that cost a lot but in the end are worth next to nothing. You can buy a probe that turns off the victim's beacon when you find him, but only if it's the right model. You can buy a beacon that tells the world you are alive, but what good is this doing to you if most likely the world can't hear you because they bought another brand? You say sales figures are low, but why spend 400 euros on a device that eventually does not much more than as a 150 euro one?
That's the point. Unless a new, updated standard that takes in account digital transmisson and elaboration is agreed upon the developement is going to crawl, and sales to be low. Both industries and consumers would benefit largely from it. Instead they race with each other to develop secretly the same feature, hoping to be the first one to put it out in order to gain what, +5% market share? And then spend other money in lawyers…
I think this situation simply sucks. They are just wasting a lot of resources for nothing, and this case IMHO proves it regardless who's right in the court. Eventually they'll have to revise the standard, and they know it. So, why not doing the right thing now? Maybe there are reasons, but I don't understand.
rolf October 21, 2010 - 2:28 pm
Hi Maki,
I think we mostly agree! My point nr 2 is exactly about the standard. But setting a new standard is not (only) the business for manufacturers. It involves politics and governments as well! And technically there are some things to say as well (but I won't).
It is true that communication opportunities between brands are neglected, but there is hope: Mammut Pulse and the new ARVA Link will share their wireless communication. It will be a start!
The problem is not so much the sales figures, as well as the total available number of customers. Not enough interested people in the backcountry to justify 10 million or so investment in software and/or new standards!
I'd agree that ideally the stalled state of avy transceiver tech could be remedied by better and more current standards. But I've studied up on the process of standards, and it's amazing how long it takes to get them done, and how messed up they become because of all the competing interests as well as ignorance on the part of the authorities who publish the standard.
Yet ultimately, yes, it's going to take a series of new standards to really make things happen. Otherwise we'll continue to see stuttering progress with dumb things like lawsuits taking money and time away from actually making the super transceiver.
Meanwhile, I'll predict that within a decade devices such as air bags, Avalungs and who knows what else will virtually eliminate suffocation as a cause of death in avalanche entrainment, though trauma will continue to be a problem. In other words, trimming seconds off search time using space-age tech will take second fiddle to first aid and shovel skills — if it doesn't already…
Sweet Protection Ascender Helmet Review
Ski Mountaineering Racing — Why Not?
Sparkr Mini Plasma Lighter — For...

redpajama_set_name: RedPajamaCommonCrawl


Check out this recent, greta review from our Shane's Rib Shack in Boca Raton, Florida!
Check Out This Recent, Great Review From Our Shane's Rib Shack In Boca Raton, Florida!
Our lunch today consisted of some comfort food at Shane's Rib Shack in Boca Raton. Shane's is a 'fast-casual' restaurant where you order at the counter and take a number to your table and they deliver your food to you. Today it was fairly busy but the ordering process went quick. The menu specializes in smoked meats like ribs, chicken and pork. They also have smoked chicken wings (whichare really good) and salads as well.
It's actually a good menu for both lunch and dinner and most people will find something they will like. My co-worker today ordered the Chicken Salad Sandwich with potato salad and I ordered the four piece chicken tenders, fried (you can get them grilled as well) with green beans. We also put placed a chicken sandwich order 'to-go' for someone back at the office that couldn't join us.
We took our numbers and found a seat by the window. Inside seating consists of some booths and tables with a bar section as well. They were painting today so they had a few tables out of service so it was a little more tight than usual. Sodas are self-serve which means free refills along with ice tea. Plastic utensils are also self-serve so don't forget to get your setup before you sit down. The décor is typical BBQ with lacquered wood and a 'rustic' look. The restaurant always looks clean and today was no exception. Wesettled in and sipped our drinks while we waited for our food.
The "fast" part of fast casual took a bit longer than usual…maybe due to a few large parties that had arrived ahead of us. Azalea's chicken salad sandwich came out first. A huge scoop of chicken salad between Texas toast looked really tasty. Made with smoked chicken, she said all it needed was a little salt. She felt there was the perfect amount of mayo and this has become one of her favorite menu items. She also really liked the potato salad and recommends it.
My chicken tenders came out next. I ordered four, but on a future visit I would probably only get three. I was really full by the third one, but didn't want to leave one. They are lightly breaded with a mild flavor. Since there is no skin, you are saving some calories on this version (most chicken tenders do not have skin actually) and getting them grilled saves even more calories if you are watching those. I chose lemon pepper sauce but asked for it on the side so I could control the amount used. The sauce was ok, but needed a bit more lemon flavor.
I switched the fries that they normally are served with for green beans. Their version of green beans is the wider flat version which I liked. They were served in the water they are cooked in and stayed very hot through my meal. They were not seasoned, but a little salt and pepper (and BBQ sauce) did the trick. I usually always switch up what I order here and also really like their wings…smoked and grilled.
I've been to Shane's Rib Shack many times and have never had a bad meal. The smoked meats are always full of flavor and the portions are always more than enough. The service can be slow, but this fast casual is still quicker than a full service restaurant. The to-go orders come nicely wrapped and retain the heat well. While it might not be the best BBQ in the area, it's a good solid choice for a quick chain restaurant meal.
Shane's Rib Shack is located at 2240 NW 19th St Boca Raton, FL.


text:
Q: Add 3  inside every  loop I am retrieving data from the DB and want to fill a table with 3 	 per

 Here's what I have:
foreach($extras AS $key => $extra){
                                if($key % 3 == 0){
                                    echo "
";
                                }
                                echo "
                                    <input type='checkbox' data-price='$extra->precio' value='$extra->id' name='extras[]' id='extra-$extra->id' />". $key . "
                                        id'>
                                            config->item('base_url') . "assets/" . $extra->extra_uri . "' alt='$extra->nombre' />

$extra->nombre

                                ";
                                if($key % 3 != 0){
                                    echo "
";
                                }
                            }

It gives me a weird table, however if I do it with $key % 2 then it gives me a good table with 2 td's inside, for whatever reason, I just can't make it work with 3.
I looked at: PHP: How do you determine every Nth iteration of a loop? but that's pretty much what I've done to no avail.

A: $_eol = 0;
foreach($extras AS $key => $extra){
if($key % 3 == 0 || $key == 0){
    $_eol++;
    echo "
";
}
echo "
    <input type='checkbox' data-price='$extra->precio' value='$extra->id' name='extras[]' id='extra-$extra->id' />". $key . "
        id'>
            config->item('base_url') . "assets/" . $extra->extra_uri . "' alt='$extra->nombre' />

$extra->nombre

";
if($_eol == 3 ){
    echo "
";
    $_eol = 0;
}
}

I think there will be a solution.

A: try with given code
echo "
";
foreach($extras AS $key => $extra){
echo " <input type='checkbox' data-price='$extra->precio' value='$extra->id' name='extras[]' id='extra-$extra->id' />". $key . " id'> config->item('base_url') . "assets/" . $extra->extra_uri . "' alt='$extra->nombre' />
$extra->nombre
 	 ";
if($key % 3 == 0){
  echo "

";
}
}

redpajama_set_name: RedPajamaStackExchange


Find out how an RE teacher approaches the study of Buddhism with a Year 8 class of mainly Muslim pupils.
Azam Ali is head of RE at Challenge College in Bradford where most of the students are Muslim. The majority of his students don't have an issue with learning about other faiths but occasionally students ask why they can't just learn about Islam.
As a Muslim himself, Azam reminds his Islamic students that their religion is about racial harmony, social harmony, learning about other ideas and cultures and learning about other faiths.
However, Azam knows how important it is to ensure no student is excluded because of his or her faith and so, when teaching his class about Buddhism, is aware of the sensitivities some Muslims could have.
Amongst other things, Azam realises some students could have issues with drawing images of the Buddha, particularly when in Islam idol worship is considered to be a very grave sin. He knows that some students might feel that they may be doing something that's wrong.


Wednesday, March 13th was shaping up to be a momentous pop culture day from the beginning. The night before, Colton Underwood defied logic, probable contract stipulations, and the laws of gravity after hopping over a gate to chase down his love, Cassie Randolph, and hand her The Bachelor season 23's final rose. Oh, and he also, probably, most likely, lost his virginity. In the same breath (or, more accurately, two-hour televised special), word-fumbling Hannah B was announced as the next Bachelorette. Those of us in tune to Bachelor Nation—or really, any of us who have ever desired to waste time—waited for the reactions and the memes. They were going to be fire.
I myself went to post a meme to the @betches Instagram at around 12pm. I uploaded a video, doing everything I normally do, and hit "share". When the page redirected to my Instagram feed with a "sending…" progress bar loading at the top, I thought nothing of it. It would post to the feed momentarily, I thought. It always did.
Except on Wednesday, March 13th, it didn't. For reasons still unknown, Instagram went down, leaving users unable to post, like, or comment on any new content. It's an outage that has since been dubbed the "Instagram Blackout of 2019". Some (me) are calling it this year's Fyre Festival. CNN reported users were also having trouble posting on WhatsApp, and, as I can attest from personal experience, Facebook. Facebook is aware of the issue on its family of apps, but has not yet identified a cause—though they did note the problem did not come from a DDoS attack, or an attack in which a hacker floods a site with fake traffic.
So, for whatever reason, we missed out on a day of Instagram. It wasn't the end of the world for most of us. We tried to post a few times, gave up, and quit the app. We begrudgingly went back to work. It was, more or less, business as usual—maybe even with a few less distractions.
But if your business, as usual, is Instagram, if you're making a living or even a significant side hustle off of the app, what then? I decided to ask a handful of Instagram influencers how they've been affected by the great Instagram Blackout of 2019.
"That's when I tried logging into a different account and had no luck with that one either." Then, she says, "as anyone would do, I went to Twitter and searched 'Instagram down' to see if that was the issue." At that point in time, the outage didn't have a name yet—it was simply an error stopping accounts everywhere in their tracks.
Carolyn Vazzana, author of Making It In Manhattan and the fashion blogger who runs @cvazzana, home to 226.1k followers, sensed the chaos to come the night before, on Tuesday night. "I first noticed something was up because I kept getting an error message every time I tried to comment," she says. "Then [the next day] I noticed it wasn't connecting and no new posts were showing up." Vazzana realized the problem wasn't unique for her, though, and that the whole platform was down.
Instagram going dark can pose problems to influencers, with varying degrees of urgency. Vazzana says that not being able to post all day is "extremely rare"—she typically posts on her feed once or twice a day and uploads Stories on a consistent basis throughout the day—but admits, "I didn't worry too much since it's down for everyone." She breathed a sigh of relief. Everyone was dealing with this.
No way to coordinate photoshoots (because you failed to get someone's phone number)? No way to promote your podcast? No sponcon?? That's every influencer's worst nightmare. It's #millennialproblems personified. It's easy to poke fun, but remember: it wasn't just elite twentysomethings taking smiling-laughing-away photos who were affected by the blackout. It also came for our memes. Popular memer @sluttypuffin missed out on posting his usual 4-6 feed posts and 20-30 stories for the day during the blackout. That's four to six pictures you could have laughed at and DM'd to your friends, or an average of five breaks from the crushing monotony of your desk job. Furthermore, he says he had "a few ongoing things" he was supposed to post for partners (another word for advertisers), but couldn't. "I kinda chalked it up to being a sign from God that I needed to chill on Insta," he says.
Perhaps this was divine intervention, a message from above that we are, quite literally, doing too much on Insta. The platform is less than 10 years old, but it's hard to imagine life without it. It's just always there, an ever-present sidekick waiting with jokes, videos, and envy-inducing, perfectly posed "candids" for every occasion. When you're on the toilet, Instagram is there to give your thumbs something to do. When you're at your desk and your boss walks away for a second, Instagram is there to provide relief from work. When you're the first one to arrive for a date, Instagram is there to help you pass the time so you're not just staring off into space—or worse, alone with your own thoughts. So when it inexplicably goes away for an entire day, what do you do with yourself?
For someone like Slutty Puffin, who's used to spending anywhere from 3-4 hours on the app ("trust me, I have an alert," he assures me), the prospect of filling a day without turning to IG can be daunting. It was bleak, he says, "having to look people in the eye, hearing the voices inside my head tell me I'm not good enough, not seeing puppies or models, having to stare at my own reflection in the mirror." I shudder at the thought of it. No one should have to endure that. So he spent most of his day fielding questions from friends that Instagram was, in fact, down, as well as, "eating, actually focusing on my day job, and picking up a book for once" (he's currently reading Bad Blood by John Carreyrou). Mind-blowing.
Caroline Vazzana was all business, even without a central platform of her brand. "I was actually busy catching up on emails and writing for my site most of the day so I didn't realize how serious the blackout was until later in the afternoon." And for her, it's less about any potential loss in revenue than it is about not being able to stay in touch with her followers— "I love being able to share with my community so I feel like I'm not able to connect with them because of the blackout!" Ever the optimist, she adds, "I hope it's back up tomorrow, otherwise, maybe it'll give me a chance to focus on some of my other platforms!" Oh, right. In all the post-apocalyptic frenzy, it was easy to forget that other platforms exist.
Some weren't as fortunate as Vazzana. "I actually had to work today. That's all I gotta say," says Lexi Stout, of @thelexistout. At 26.8K followers, Stout is what you might call a "micro-influencer." Posting photos on the platform is not her full-time job, making the Instagram Blackout all the more crushing—she presumably actually had to interact with other humans in the wake of Instagram's disruption.
"The hardest part of not having Instagram was just the habitual opening and refreshing the app," admits Dylan Farella, aka @dfarella. He adds, "It felt spacey." Instagram is our right hand—or, more accurately, always in our right hand—when it's cut off suddenly, without warning, it feels like a phantom limb.
March 13 will always be the day we all hung out together on Twitter like the best friends that we are.
As of 10:30pm EST on Wednesday, Instagram appeared to be more or less up and running again. By this time, the outage had been dubbed "Instagram Blackout 2019". Of course, the one thing on everyone's feeds and stories once IG was back The very blackout we had just endured. Slutty Puffin has already posted two memes about it. So did Betches. Jeff Perla promoted his podcast. Alyssa Amoroso assured her followers in a Story that she is, in fact, alive, despite not being able to post. We were back on our bullsh*t.
Overall, nobody really lost out big—even those with commitments to advertisers in place were able to resume the next day. I got the impression from the influencers that, since the blackout affected everybody, advertisers understood and business was not really affected.
"I don't plan on doing so anytime soon!" Vazzana says of a self-imposed Instagram cleanse.
Somewhere, through the screen of a computer that's riddled with Trojan viruses downloaded from a phishing link, Baby Boomers are laughing at us. If anything, being forced to live a day without Instagram just reinforced that millennials can't live without Instagram. The Instagram Blackout caused temporary pandemonium, with little permanent repercussions, and next to no resolutions to stop posting anytime soon. It was a huge event for the past 24 hours, but in a week we might totally forget the Instagram Blackout of 2019 even happened—it may go the way of the stabbing clowns of 2016, a strange cultural moment that happened, was memed, and then never spoken of again. Or, it might go the way of Fyre Festival, with two competing documentaries and endless reactions. It's pretty much up to us how we will define the Instagram Blackout of 2019, or let it define us.


text:
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<project name="echalegas" description="Échale Gas (OpenData Puebla 2013)" default="app:reset-dev">
    <!-- Initialize configuration files -->
    <target name="app:init-config-files" description="Initialize configuration files">
        <echo msg="Creating configuration files from .dist files" />
        <exec passthru="true" command="cp config/services/echalegas.json.dist config/services/echalegas.json" />
        <exec passthru="true" command="cp config/app.config.php.dist config/app.config.php" />
        <exec passthru="true" command="cp public/index.php.dist public/index.php" />
    </target>

    <!-- Install the application for development -->
    <target name="app:reset-dev" description="Reset the development environment">
        <echo msg="Resetting development environment" />
        <phingcall target="app:init-config-files" />
    </target>
</project>

redpajama_set_name: RedPajamaGithub


A healthier lifestyle needs obtaining at least the usual knowledge about typical ailments. This post is meant to offer an overview relating to the diseases which can be witnessed on mankind.
HIV is usually an infection spread through specific cellular fluids which in turn attacks the defense system. When individuals get this virus and do not obtain treatment, they might grow by distinctive phases. With time, it would likely demolish a lot of body cells that the body can't combat microbe infections as well as health issue. A majority of this unique tissue help the defense system combat against bacterial contamination. The destruction for the immune system will make it more difficult for your system to combat microbial infection and some other medical conditions. Perilous microbial infection might take advantage of the weaker immunity process. In contrast to other sorts of infection, the body could not dispose of Aids. Yet, this is often operated using correct health care.
Rheumatoid arthritis is generally swelling of several of the joints. The main signs or symptoms happen to be joint pain combined with firmness, which often aggravate as we grow old. On the grounds that some kinds of rheumatoid arthritis aren't unusual with family members, a person are more likely to grow this disease in the event your mother and father or brothers and sisters get it. The genes can make you far more vulnerable to environmental factors that may set off the sickness. People having preceding joints personal injuries can also be likely to build up rheumatoid arthritis. The procedure is focused on reducing symptoms as well as improving upon joints functionality. You may want to check out several different solutions right before establishing what works well with you.
Liver is the greatest organ in the human body. It helps the entire body take in foodstuff, keep stamina, and take off toxins. Liver disease is swelling in the liver. One can find five main varieties of hepatitis. These kinds have biggest concern as a result of sickness along with dying they lead to.
A number of liver diseases are usually brought on by ingestion of toxic foods or standard water. Other kinds arise as a consequence of contact with affected physique fluids. Widespread ways of expansion for such infections contain having contaminated health-related apparatus, getting infected blood, intimate contact and so forth.
Being diabetic represents a grouping of diseases which affect the way your body system employs blood sugar. Glucose is an essential way to obtain stamina that will make the muscles. It's also the primary cause of resource for the brain. Possessing diabetic issues signifies you possess a lot of glucose inside your blood flow, which can result in severe health concerns.
Signs and symptoms of this specific disease fluctuate dependent upon how much your own blood glucose levels are raised. Some people will not go through the symptoms primarily. On the other hand, symptoms of diabetes in men contain greater thirst, recurrent peeing, overwhelming food craving, unanticipated fat reduction, weakness, blurred perspective and many others.


text:
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Ac Services (Pvt.) Ltd., and Another Vs. S. Dinesh and Company Through Its Partner Pal JaIn and Others - Court Judgment
LegalCrystal Citation legalcrystal.com/1107147
Court Punjab State Consumer Disputes Redressal Commission SCDRC Chandigarh
Decided On Oct-21-2013
Case Number First Appeal Nos. 1707 & 1726 of 2010
Judge GURCHARAN SINGH SARAN, PRESIDING JUDICIAL MEMBER, THE HONOURABLE MR. PIARE LAL GARG, MEMBER & THE HONOURABLE MR. JASBIR SINGH GILL, MEMBER
Appellant Ac Services (Pvt.) Ltd., and Another
Respondent S. Dinesh and Company Through Its Partner Pal JaIn and Others
.....4,93,575/-. c) gr bearing no. 617440 dated 23.4.09 for rs. 2523/- as opposite party charges and value of consignment is rs. 21,345/-. d) gr bearing no. 617453 dated 23.4.2009 for rs. 11,288/- as opposite party charges and value of consignment is rs. 10,65,164/-." 3. however, the complainant was surprised and stunned when the complainant started receiving calls from the consignees that they have not received their books even after 10 days. when contacted with op no. 1, op no. 1 firstly was putting of the matter on one pretext or the other but when op no. 1 did not give any satisfactory reply what happened to the consignments, a legal notice dated 15.6.2009 was issued to the ops, which was duly received by the ops. instead of apologizing sent the false and frivolous reply to make.....
Judgment:
Gurcharan Singh Saran, Presiding Judicial Member:
1. This judgment will dispose of two appeals i.e. (1) First Appeal No. 1707 of 2010(AC Services Pvt. Ltd. versus S. Dinesh and Company) and (2) First Appeal No. 1726 of 2010(S. Dinesh and Co. and another versus AC Services (Pvt.) Ltd.). Both the appeals are arising out of the same order dated 16.8.2010 passed by the District Consumer Disputes Redressal Forum, Jalandhar(in short the "District Forum") vide which the complaint No. 547 dated 3.8.2009 filed by complainant was partly accepted and the direction was given to OP Nos. 1 and 2 to pay Rs. 9,79,408/- alongwith compensation of Rs. 15,000/- and Rs. 3,000/- as litigation expenses within the period of one month. In case the Ops have failed to pay the amount within the stipulated period then it will pay interest @ 9% till the date of payment.
2. The complaint was filed by the complainants under Section 12 of the Consumer Protection Act (in short the 'Act) on the allegations that the complainant is carrying on the business of publication of educational books under the name and style of M/s S. Dinesh and Co. since 1981. Complainant No. 2 is the partner of complainant No. 1 and is running the business of complainant No. 1. It was further alleged that M/s Bokaro Students Friend Pvt. Ltd., Sector IV, Bokaro Steel City, Jharkhand vide invoice No. 344 dated 21.4.2009 for a sum of Rs. 1,46,156/- and vide invoice No. 373 dated 23.4.2009 for Rs. 66,768/-, M/s Durga Pustak Mandir, Khazanchi Road, Patna, Bihar vide invoice No. 352 dated 22.4.2009 for a sum of Rs. 21,344.70, M/s Nova (PandD), Laxmi Market, B.M. Dass Road, Patna, Bihar vide invoice No. 358 dated 22.4.2008 for a sum of Rs. 4,93,575/- and S. Dinesh and Co. Branch Office, Patna, Bihar vide invoice No. 4 dated 23.4.2009 for a sum of Rs. 10,65,164/- had purchased the goods. It has been further alleged that the complainant had to send consignment to the abovesaid consignee within the period of 7 days and contacted OP No. 1 for consignment, who assured that the consignment will reach the destination within time and issued the following bills/GRs as under:-
"a) GR Bearing No. 717452 dated 23.3.2009 for Rs. 1025/- as opposite party charges and consignment value is Rs. 66,768/-.
b) GR bearing No. 617441 dated 22.4.2009 for a sum of Rs. 5704/- as opposite party charges and consignment value is Rs. 4,93,575/-.
c) GR bearing No. 617440 dated 23.4.09 for Rs. 2523/- as opposite party charges and value of consignment is Rs. 21,345/-.
d) GR bearing No. 617453 dated 23.4.2009 for Rs. 11,288/- as opposite party charges and value of consignment is Rs. 10,65,164/-."
3. However, the complainant was surprised and stunned when the complainant started receiving calls from the consignees that they have not received their books even after 10 days. When contacted with OP No. 1, OP No. 1 firstly was putting of the matter on one pretext or the other but when OP No. 1 did not give any satisfactory reply what happened to the consignments, a legal notice dated 15.6.2009 was issued to the Ops, which was duly received by the Ops. Instead of apologizing sent the false and frivolous reply to make the payment on the ground that the said truck was set on fire by the mob when met with an accident and took a plea that the goods were booked at owners risk, therefore, the Ops have indulged in unfair trade practice and is deficient in his services. In fact the opposite party was negligent in performing their duties, hence, the complaint with the direction to the opposite parties to make payment of actual total value of the consignment of books that Rs. 17,93,007/- and Rs. 21,080/- paid to the opposite party to hire their services alongwith interest @ 18%; compensation on account of harassment to the tune of Rs. 1,50,000/- and litigation expenses of Rs. 21,000/-.
4. The complaint was contested by OP Nos. 1 and 2, who filed written statement taking preliminary objections that the complaint is not maintainable; the complainant has no cause of action to file the present complaint; there is neither any negligence nor deficiency in services on the part of the Ops; complainant has not come to the Court/District Forum with clean hands and has concealed the material facts; the complainant is barred by his act, conduct, waiver and latches as the complainant himself failed to get his goods insured; the complaint is against the terms and conditions mentioned over the consignment note/Bilty/GR in which it has been clearly mentioned in Clause No. 4 "the company shall not be responsible for any loss, damages, shortage, pilferage, theft, weather conditions, strikes, riots, leakages, disturbances, fire, explosions or Accidents etc.; the complaint requires elaborate evidence, therefore, the matter be relegated to the Civil Court; the complainant has no locus-standi to file the present complaint nor he has been authorised by other partners to file the complaint; complaint is bad for non-joinder and mis-joinder of necessary parties; the complainant is not a consumer as per the provisions of Act and that the complainant had not deposited the required fee alongwith the complaint. On merits, it has been denied that the complainant No. 2 is partner of complainant firm or that he has been authorised by the other partners to file the complaint. It is correct that consignments were booked for delivery of goods to M/s Bokaro Students Ltd., M/s Sri Durga Pustak Mandi, M/s Nova (PandD) and M/s Dinesh and Co., however, the value of the goods has been denied. The goods were never shown to the OP. However, as per the copy of the bills annexed with the complaint, the value of the goods was only Rs. 3,09,364/- and not Rs. 10,65,164/-. It has been further stated that the goods were sent from Ludhiana to Patna through truck No. PB-10-BE-8371 but it was an ill luck and act of the God that the truck in question, which was carrying the goods on 3.5.2009 met with an accident near Alinagar P.S. Chandoli, Varanasi and after that the said truck was set to fire. The driver and cleaner of the truck were beaten mercilessly by the mob. FIR No. 155 dated 3.5.2009 under Sections 279, 304-A of IPC, was registered in P.S. Alinagar Chandoli. It has been denied that the complainant visited the office of the opposite party for several times or contacted on telephone or they put of the matter on one excuse or the other. In fact the information of the abovesaid occurrence was given on telephone and vide letter dated 8.5.2009. It has been denied that the loss has been caused to the complainant by the Ops on account of negligence of their driver or there was any deficiency in the services. In the end, it has been stated that there is no merit in the complaint and the same be dismissed.
5. The parties were allowed by the learned District Forum to lead their evidence.
6. In support of his allegations, the complainant had tendered into evidence his affidavit Ex. C-A, partnership deed Ex. C-1, bills and consignment booking receipts Ex. C-2 to Ex. C-12, letter regarding non receipt of books dated 12.5.09 Ex. C-13, legal notice Ex. C-14, postal receipts Ex. C-15, price list of books/catalogue Ex. C-16, intimation to police Ex. C-17, order of the Court Ex. C-18. On the other hand, the opposite party had tendered into evidence affidavit of Daulat Ram, Manager of OP Co. Ex. OP-A, consignment note Ex. OP-2, 3, 4, transfer invoice Ex. OP-5, FIR Ex. OP-6and7, newspaper cuttings Ex. OP-8 to OP-12, letter written to complainants Ex. OP-13, copy of bilty Ex. OP-14, reply to legal notice Ex. OP-15, letter to Police by Ops Ex. OP-16 and postal receipt Ex. Op-17.
7. After going through the allegations in the complaint, written statement, taking into consideration the evidence and documents brought on the record, the learned District Forum vide impugned order observed that the complainants had sent their consignment of the books with the Ops to:-
"M/s Bokaro Students Ltd., M/s Sri Durga Pustak Mandi, M/s Nova (PandD) and M/s Dinesh and Co. vide
a) GR Bearing No. 717452 dated 23.3.2009 for Rs. 1025/- as opposite party charges and consignment value is Rs. 66,768/-.
However, the OP Company had contested the price of the consignments of the books to Rs. 10 lacs rather they have stated that their value was Rs. 3,09,364/-. Ops have further contended that their truck was set ablaze by irate mob or act of God. But it was due to rash and negligent driving of the driver of the OP, who had crushed three persons on the scooter by hitting his truck from behind, which prompted the mob to set on fire the truck and at that time reasonable care and precaution to ensure the safety of the books were not taken by the Ops. Ops Company was under legal obligation to deliver the consignment in a safe condition to the consignees and they cannot take the shelter of Clause 4 and after relying upon the judgment of Honble Supreme Court "M/s Economic Transport Organization versus Dharwad Distt. Khadi", 2002(2) CLT 24 wherein it was observed that the fire did not take place on account of an Act of God but due to negligence of the Driver of the Carrier and ultimately, it was observed that the loss was due to negligence of the carrier Company and under Section 8 of the Carrier Act, it is the liability of the carrier to make good where any loss or damage arises due to negligence of the carrier and under Section 9 of the Act that negligence has to be presumed on the part of the Carrier until the contrary is proved by satisfactory evidence. The value of the goods was found to be Rs. 10,65,164/- vide EX. C-11 based upon Catalogue Ex. C-16 and not Rs. 3,09,364/- and ultimately, the complaint was partly allowed as stated above.
8. In the appeal filed by the Ops, it has been contended that the learned District Forum had no jurisdiction to decide the complaint as the complainant was not a consumer as defined under the CP Act. The learned District Forum also fell in error in holding that there was negligence or deficiency on the part of the appellant. In fact the truck was put to fire by the Mob near Alinagar, P.S. Chandoli, Varanasi, although, the fire brigade had immediately arrived at the spot but it failed to extinguish the fire, therefore, the loss was not on account of any negligence on the part of the Ops. The consignment in question was booked for transportation at owners risk, therefore, the appellants are not liable for the loss. Then according to Clause 4 of the terms and conditions of the GR, the company was not liable for any loss, damages, shortage, pilferage, theft, weather conditions, strikes, riots, leakages, disturbances, fire, explosions or Accidents etc.. In the present case, the loss has occurred due to fire caused by mob, therefore, it falls under Clause 4 of the terms and conditions of the policy and that the disputed questions of facts are involved, therefore, the matter should have been relegated to the Civil Court. The amount of compensation awarded by the learned District Forum is highly excessive and exaggerated and without any reasons.
9. Firstly taking the plea of the appellant whether the complainants comes under the definition of 'consumer or not? It has been contended by the counsel for the appellant that as per the complaint, complainant No. 1 is Company and complainant No. 2 is the partner and is running the business of publications of educational books, therefore, it is a commercial transaction. However, the counsel for the respondent argued that it is not a case of sale or purchase of the books by the Company that it can be categorized for commercial purposes. In the present case, the transport services of the Company were availed to transport the books from one place to another, therefore, it will not be for commercial purposes. On this point, there is a judgment of the Honble National Commission "Swiss Air Cargo versus Century Silk Inc. and ors.", 2012 (2) CLT 118. In that case, plea that the goods were being transported for commercial purposes - whereas the findings recorded by the Honble State Commission that the services of OP No. 3 were availed only for transportation of goods from Bangalore to Athens and it did not involve any sale, the question of commercial purpose did not arise upheld. Therefore, the contention of the appellant that the complainant does not fall within the definition of 'consumer is not tenable.
10. The next proposition raised by the counsel for the appellant is that the case of the complainant falls within the exclusion clause as mentioned in the GR. Clause 4 reads as under:-
"4. The company shall not be responsible for any loss, damages, shortage, pilferage, theft, weather conditions, strikes, riots, leakages, disturbances, fire, explosions or Accidents etc."
and that as is clear from the FIR, Ex. OP-6 and 7 when the truck of the Ops was passing near Alinagar P.S. Chandoli, three persons on the scooter came in front of the truck of the Ops as a result of which truck crushed those boys and they had died and the mob collected there and put the truck to fire, therefore, it has been stated by the counsel for the appellant that it is the act of the God and that the appellant is exempted under the warranty clause given in the GR. The Honble Supreme Court in "Patel Roadways Ltd. versus Birla Yamaha Ltd.", 2000(2) CLT 250 has held that 'under Section 9 of the Carrier Act, 1865 in case of claim of damage for loss to or deterioration of goods entrusted to a carrier it is not necessary for the plaintiff to establish negligence. In case "Brigadier Dr. Shiv Darshan Dutta versus Pashupati Nath Road Carriers and Ors.", I (2010) CPJ 224 wherein the Honble State Commission of Jammu and Kashmir held that OP No. 1 hired services of OP2 and OP3 – Truck driven by OP2 entangled with the over head low hanging electric wires – Fire ignited from wires engulfed the loaded goods – Allegedly, truck driven negligently by OP2 – Allegations denied – Contention, OP2 forced by complainant to take the truck towards his residence in spite of knowledge that the passage leading to his residence was narrow – Plea was rejected as low tension electric wire network on that road was having requisite ground clearance – Vehicle driven negligently and got entangled with wires – Total loss of the goods proved – OP1 was held liable to reimburse." There is another judgment of the Honble National Commission "Unichem Laboratories Ltd. versus New India Assurance Co. Ltd. and Anr.", III (2006) CPJ 359 (NC). In that case loss/damage of goods entrusted for carriage – It is the duty of the carrier to take due care, so long as goods are in its custody – Expression 'at owners risk does not exempt carrier from his own negligence or criminal act or that of his servants or agents.
11. In the present case also the mob put the truck of the Ops to fire only after the driver of the Ops drove the truck in negligent manner and crushed three persons on the scooter, therefore, he had driven the truck negligently, which prompted the mob to agitate against the driver and in that process the truck was put to fire, therefore, it cannot be said that it is an act of the God. The truck was put to fire due to rash and negligent driving of the truck driver of the Ops. In case "Bhilai Golden Transport Co. versus Raipur Sales Agency", III (2004) CPJ 487, the Honble Chhattisgarh State Commission, Raipur observed that 'fire is not an Act of God and OP could not be absolved from liability and the complainant is entitled to compensation for loss of consignment.
12. So far as the expression 'owners risk is concerned because it was not insured with the insurance company. There is a judgment "Patel Roadways Ltd. versus Birla Yamaha Ltd.", 1(2000) CPJ 42 (SC) wherein Honble Supreme Court held that "the liability of a common carrier under Carriers Act is that of an insurer. It was observed therein that this position is made further clear by the provision in Section 9 in which it is specifically laid down that in case of claim of damages for loss or deterioration of goods entrusted to a carrier, it is not necessary for the plaintiff to establish negligence. In another case "Nath Bros. Exim International Ltd. v. Best Roadways Ltd.", I (2000) CPJ 25 the Honble Supreme Court held 'after considering pronouncements of various High Courts observed that expression 'at owners risk does not exempt a carrier from his own negligence or negligence of his servants or agents. It was further laid down in the said case:
'From the above discussion, it would be seen that the liability of a carrier to whom the goods are entrusted for carriage is that of an insurer and is absolute in terms in the sense that the carrier has to deliver the goods safely, undamaged and without loss at the destination, indicated by the consignor. So long as the goods are in the custody of the carrier, it is the duty of the carrier to take due care as he would have taken of his own goods on account of his own negligence or criminal act or that of his agent and servants.
13. With regard to the proposition raised by the counsel for the appellant that the goods were not got insured by the complainant; since the value of the goods was more than Rs. 1,000/- to the knowledge of the Ops as in the written statement they admitted the value of the goods for more than Rs. 3 lacs then they were under obligation to ask the complainant to get the goods insured but did not press for the insurance of the goods by the complainant, now they cannot agitate that they were not liable for the claim as the goods were not got insured by the complainant.
14. It is contended that the amount of compensation awarded by the learned District Forum is highly excessive. However, it has not been stated that how the amount is exaggerated or highly excessive. A sum of Rs. 9,79,408/- has been awarded on account of value of the goods whereas just Rs. 15,000/- has been awarded on account of compensation and Rs. 3,000/- as costs of litigation, which is quite reasonable, therefore, it cannot be said that the amount of compensation is highly excessive or exaggerated.
15. No other point has been raised.
16. Accordingly, the order passed by the learned District Forum is correct and we do not find any infirmity in the order passed by the learned District Forum and the same are affirmed.
17. In view of the above discussion, we do not find any merit in the appeal and the same is dismissed with no order as to costs.
18. The complainant in its Appeal No. 1726 of 2010 has contended that the learned District Forum erred in not determining the true value of the goods. As per invoice No. 4 only the amount of 8 items out of 17 has been stated as Rs. 3,09,364/- whereas the rates of certain books were not uploaded in the software, therefore, the rates of the special category of books was not mentioned whereas as per catalogue the amount comes to Rs. 10,65,164/-.
19. The cost of the books is not to be assessed on the basis of catalogue but on the basis of invoice/bills and on the basis of invoice the learned District Forum has calculated the amount of Rs. 9,79,408/-, therefore, we do not agree with the proposition that the cost of the books should be calculated on the basis of the price mentioned in the catalogue.
20. No other point has been argued.
21. As per the above observation, we do not find any merit in appeal No. 1726 of 2010 and the same is dismissed with no order as to costs.
22. The arguments in these appeals were heard on 8.10.2013 and the orders were reserved. Now the orders be communicated to the parties as per rules.
23. The appellant in F.A. 1707 of 2010 had deposited an amount of Rs. 25,000/- with this Commission at the time of filing the appeal and Rs. 2 lacs in compliance with the order dated 7.10.2010. These amounts with interest accrued thereon, if any, be remitted by the registry to respondent No. 1 by way of a crossed cheque/demand draft after the expiry of 45 days under intimation to the learned District Forum and to the appellant. Remaining amount shall be paid by the appellant to respondent No. 1 within 30 days from the receipt of the copy of the order.
24. The appeals could not be decided within the statutory period due to heavy pendency of Court cases.
25. Copy of this order be placed on First Appeal No. 1726 of 2010 (S. Dinesh and Co. and another versus AC Services (Pvt.) Ltd.).
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Home » News » Administration » Sixth annual U-M climate change survey tracks attitudes surrounding sustainability on campus
Posted inAdministration
Sixth annual U-M climate change survey tracks attitudes surrounding sustainability on campus
by Justin O'Beirne October 26, 2021 October 27, 2021
Design by Erin Ruark.
The University Insider is The Daily's first faculty and staff-oriented newsletter. This weekly newsletter will give U-M faculty and staff the ability to see the most important issues on campus and in Ann Arbor — particularly those related to administrative decisions — from the perspective of an independent news organization. It will also provide a better understanding of student perspectives.
Investigators at the University of Michigan's Institute for Social Research and Graham Sustainability Institute launched the sixth Sustainability Cultural Indicators Program survey on Oct. 12. The survey tracks the degree to which members of the campus community are aware of the University's sustainability measures and also asks about respondents' personal actions to reduce their carbon footprint.
The University began sending these annual surveys to students and faculty in 2012. The last version of the survey was in 2018, before the COVID-19 pandemic. The 2021 survey was sent to more than 20,000 students and 7,000 faculty and staff.
This year's SCIP survey included a new section about carbon neutrality and was the first survey of its kind to be sent to students, faculty and staff on the U-M Flint and Dearborn campuses.
John Callewaert, director of strategic projects in the Office of the Associate Dean for Undergraduate Education in the College of Engineering and an investigator at the Institute for Social Research, said the SCIP survey is unique because it is a longitudinal study, meaning it measures attitudes over time.
"What we really wanted to do is measure any changes over time, particularly if there are ways to test new initiatives in part of campus and see if there's a change there as a way to inform action in other places," Callewaert said.
Alexandra Haddad, strategic communications manager for the Graham Sustainability Institute, said the survey aims to find out how the campus community feels about the University's sustainability practices.
"What we're measuring is not sustainability, like reduction in carbon footprint (or) … quantifiable outcomes and lower greenhouse gas emissions," Haddad said. "We're measuring how the culture of sustainability has changed over time at the University of Michigan."
Since the survey was last sent in 2018, U-M President Mark Schlissel and the Board of Regents committed to achieving total carbon neutrality for the University by 2040, achieving net-zero carbon emissions from purchased electricity and creating a plan to fully divest from fossil fuels by 2050.
In the 2021 winter term, the Board of Regents voted to disinvest from fossil fuels following years of sustained student activism on campus. As a result, the University will no longer invest in the top 100 coal and top 100 oil and gas publicly traded companies.
Some student organizations, such as the Climate Action Movement, said the move does not go far enough because it still allows the University to invest in natural gas projects. CAM also criticized the slow timeline for divestment, because the University does not have to sell their existing fossil fuel holdings until 2050.
Callewaert said though many parts of the SCIP survey remained the same from the previous iteration, including questions about waste prevention, conservation and transportation, the addition of questions about carbon neutrality are especially relevant:
"The major change this year is the whole set of questions on carbon neutrality, given the objectives and priorities that the University set recently for getting moving towards carbon neutrality and setting some goals around really increasing efforts around climate action," Callewaert said.
The surveys differed slightly between the three campuses, Callewaert said, in order to reflect the campuses' unique sustainability plans.
"Particularly with the carbon neutrality initiative, there's been a big push for the three campuses to work more collaboratively around some sustainability issues," Callewaert said. "We created very similar surveys, but we adapted them in ways to best address the activities and the interests of the Dearborn and Flint campuses … We tried to make sure we were only asking questions that made sense at each campus."
Engineering sophomore Sophie Cronk, a collective impact coordinator for the Student Sustainability Coalition, said the addition of a section on carbon neutrality will help people learn about the University's carbon neutrality efforts and the President's Commission on Carbon Neutrality, which released its final report this past March after two years of research.
"It's a really helpful addition because it spreads awareness about the PCCN to people that might not already know about it," Cronk said. "One of the great things about the SCIP survey is that it goes out to … a broad group of students and not people who just engage with sustainability on campus."
Daily Staff Reporter Justin O'Beirne can be reached at justinob@umich.edu.
Clarification: This article has been updated to more accurately reflect the University's carbon neutrality goals.
Ever wondered why building lights stay on after hours at UMich? Here's why.
'The University of Michigan's work will remain unfinished': Schlissel discusses University goals and accomplishments at State of the University address
The Daily's 2021 demographics report shows staff remains majority white, upper class


Seahawks corner back Neiko Thorpe grimaces during the second half of Seattle's game against Washington, Sunday, Nov. 5, 2017 at CenturyLink Field.
One of the Seahawks' most beloved, and vocal, veteran presences is staying put.
Reserve cornerback and key special teams contributor Neiko Thorpe has re-signed with Seattle, the team officially announced Saturday.
Thorpe revealed he'd be re-signing on his Instagram early Saturday.
Thorpe, 29, was a special teams co-captain for the Seahawks last season with kicker Sebastian Janikowski. The Auburn product appeared in 12 games in 2018, primarily on special teams where he posted five tackles and a fumble recovery.
Off the field, his lively personality and fashion sense has made him a favorite among his teammates and with fans. He had initially signed with Seattle as a free agent in 2016, after two seasons with the Raiders and one with the Chiefs.
Thorpe's re-signing gives the Seahawks seven cornerbacks currently under contract: Shaquill Griffin, Tre Flowers, Akeem King, Jeremy Boykins, Kalan Reed and Simeon Thomas on top of Thorpe. Teams usually keep five or six cornerbacks on their 53-man roster.
We already know one Seahawks corner from last season won't be in the picture in 2019, however: Justin Coleman, a nickelback, signed with the Detroit Lions in free agency.
Thorpe's re-signing means Seattle has retained four of its 13 unrestricted free agents. The others are linebackers K.J. Wright and Mychal Kendricks, and guard D.J. Fluker.
The Seahawks' latest UFA to leave, strong safety Maurice Alexander, agreed to terms with the Buffalo Bills on Friday. Janikowski and defensive end Dion Jordan are still free agents.


I recently picked up an iMac G5 that was described in the ad as "nonfunctional" I guess I got really lucky, because when I got it home I popped the back, reset the PMU (by removing the 2032 and pressing the internal power button, found through Google, please correct me if this isn't how to reset the PMU) and threw some RAM in. Wonderfully, it powered up. Now the strange part starts.
It wouldn't boot off of CD if you put in the disc and held 'c' it would only boot off CD once it got to the question mark Mac screen and you put the disc in, otherwise the Superdrive would kick out the disc. If you put the disc in after the question mark Mac screen, it would boot right up, happy as could be.
I threw an 80GB Western Digital SATA hard drive and 1GB of Kingston RAM in it (in addition to the 512MB of Samsung RAM that was already in there and booting perfectly) and then it started getting temperamental. It would start, Apple chime and all, with the back casing on, but it wouldn't get past that point, no matter how long you waited. No VGA would ever appear, and it, to the best of my observations, would not boot off the optical drive. Take the case off, and it would chime and VGA would pop up. At this point I started taking note of the length limitation on the RAM, and perhaps the fact that it could be shorting on the CPU heatsync. Measuring the RAM proved that it was slightly less than the maximum 31.75mm tall.
As it stands right now, neither the Apple PSU (which I've hotwired and tested all the voltages on, it's good) nor the modded ATX PSU (which I also measured voltages on) will power up the machine. If you press the power button, it will power the two left LEDs for a fraction of a second, and a faint clicking noise can be heard, and then the computer goes dead again.
I'm just unsure of how all this happened. No static discharges occurred, and the unit was unplugged when I was doing any work inside, aside from having the back case off to test the RAM issue. I know the symptoms sound like they may be blown/bulging caps, but all the caps are PERFECT. The power issue sounds like either a PSU or a cap issue, but given that I've tried with two PSUs and the same issue arises, I'm just unsure. Are there any capacitors on the opposite side of the board? I haven't removed the board yet to look. I've replaced blown caps on PCs before, so I'm sure none of these are bulging/blown, and I've done modifications to iMac G3s and PowerMac G4s before, and the ONLY other time I've experienced something similar to this was when I had a G4 "Mystic" and my +28V source was dead.
Attached picture is without the stock PSU inside the iMac, if you were wondering what was missing from it.
Sorry, guess I'll host it elsewhere.
• Bad 1GB stick of RAM? Try again with just the original 512, maybe again with a known-good stick.
• Wrong type of RAM? Should be PC3200, *not* PC2700 or PC2100.
• Debris in the RAM slots? Use compressed air to blow them out really well.
• Debris in the PSU connector? Again, compressed air.
• Debris in the LVDS (monitor) connector?
• Dead PRAM battery? How long did it sit in a box with no trickle power?
• Flaky AirPort card? Debris in the connector? I've seen it happen.
• Flaky modem card? Debris in the connector? Is it necessary?
• Flaky optical drive? Debris in the connector? You say it wouldn't boot to the DVD without jumping through hoops.
Could still potentially be a bad PSU -- can you borrow one from another machine and give it a try?
No caps on the underside of the MLB, but there is thermal paste between the GPU and the aluminum heatsink in the midplane. I wouldn't go removing the board until you've tried other troubleshooting steps, and make sure you clean up & replace the thermal paste.
Not only do I not see any blown caps in your photo, but this looks to be a remanufactured board: the original "bad" caps almost always had an X or + pattern on the venting end; yours mostly seem to have the K pattern, which indicates they were replaced, or the board is a later revision.
• It is PC3200, not PC2700 or PC2100.
• I've blown out the PSU and all the fans, but not the PSU connector, I'll give it a try.
• I don't think there are debris in the LVDS connector as I did have VGA up and working before adding the 1GB stick.
• No idea if it's flaky, I'll disconnect it.
• Again, no idea, disconnecting it will find out.
edit: Disconnected the modem, no change.
• No debris in the optical drive connector, perhaps the laser is dirty, I haven't blown out the drive itself.
edit: Blew out the connector and the drive, but have no way to test if this changes anything, as the machine still won't power on!
I'm going to try a PSU from another iMac 17" ALS (the 1.8Ghz model) tomorrow and see if that solves it. If so, then I'll just order a new PSU and move on.
I have no idea what the original manufacture date of the machine is. It isn't an iSight model, so I'm assuming that the machine was shipped before October 2005, but I honestly don't know the history of the machine, whether it's had a midplane replacement or not. I also noticed that many of the capacitors had the K tops, which I've never seen go bad. The PSU has the X tops, but none are swelling or blown.
It turns out that a component on the midplane, an International Rectifier F7410 8-pin DIP is fried. I've order replacements, but they'll take 2-3 weeks to come in, so we'll see what happens then. Thanks for your help.