text:
Look over there! It's Hunter Biden ("according to people familiar with the case"). It appears that federal agents believe they have enough evidence to charge Hunter Biden with tax and gun purchase crimes during his druggie days, and what do you know…….it's just in time for the midterms.
Speaking of Biden and drugs — hours after the "news" broke about Hunter Biden's drug crimes, President Biden announced that he is pardoning everybody who has a federal conviction for simple federal marijuana possession offenses. People who have that on their record will get that removed. These unlucky people have a really hard time finding jobs and housing and they can't vote. They're branded for life for getting caught doing something that an awful lot of people do and it's no problem for society. Biden says it's time to stop this, and he urged governors to do the same for state offenses. This will immediately change the lives of 6,500 people plus thousands more in DC. Biden also wants to have marijuana reclassified. Right now it's scheduled alongside heroin and fentanyl which is like saying a zit is the same as melanoma. "Sending people to jail for possessing marijuana has upended too many lives — for conduct that is legal in many states. That's before you address the clear racial disparities around prosecution and conviction. Today, we begin to right these wrongs." White people smoke pot at the same rate as people of color do, but if they get caught they don't go to jail like POCs do. Pot has been unofficially legal for white people for decades. Especially rich and good looking ones.
Release the pot heads and make room in the jails for all the insurrectionists, domestic terrorists, Republicans and members of the Trump administration that are headed that way!
Biden is headed for having one of the most substantive first terms in modern presidential history. People who want to see more of this better get their butts to the polls on November 8 and vote for Democrats.
Governor Newsom of California is a few weeks ahead of Biden. He signed 10 marijuana bills written to build an equitable, safe and sustainable legal cannabis industry and to make it easier and more enjoyable for Californians to smoke their pot. He signed a bill to seal minor marijuana convictions. He also signed bills that make it possible for cannabis producers and sellers to do business with other states where pot is legal. Employers can no longer drug test people for pot if it's consumed on their own time and not on the job. There are exceptions for jobs like construction where somebody could hammer a nail through their thumb if they got too hammered the night before, or if they work for the feds (but hopefully not for long!) Employers can't discriminate against potheads and potheads can't get fired unless they get stoned at work. Veterinarians are now free to recommend cannabis products. Communities can't gang up on dispensaries by not letting them make deliveries (yes, you can order your pot online and have it delivered to you like a pizza in California). On top of that, the tax revenue generated from legalizing cannabis is huge. It pays to legalize pot. Gavin Newsom is one cool governor. He even took some of his own campaign funds and had billboards put up in red states letting women know that if they need an abortion they can come to California. That's not all. Because gas prices have been so high, 23 million Californians will start seeing $350-$1050 in their bank accounts starting today (through January) to help take the edge off of inflation. Individual taxpayers will get $350. Parents will get an extra $350 if they have any dependents (maximum rebate $1,050.) Republicans call this a handout. It's a REBATE. The taxes have already been paid. This will be the largest state tax rebate in the country. Newsom is giving some of it back so Californians won't be as stressed out going to work after spending $100 to fill their tanks to make money so they can pay their taxes. On top of that, they can look forward to kicking back after their commute at the end of the day, and smoking a fatty without being worried about getting drug tested by their boss.
A judge declared that what Postmaster General Louis DeJoy did 2 years ago (removing mail boxes and destroying mail sorting machines to fuck up mail in voting to help Trump win) was illegal so he can't pull that crap again this year.
Republican Senator Ben Sasse, the guy who loved to take time to lecture Republicans about being immature and partisan before voting right along with them, is resigning and leaving his state to be president of University of Florida. He was re-elected in 2020 and is calling it quits. The Governor of Nebraska will get to pick his replacement. The Republican running now is Jim Pillen and he, like so many Republican candidates across the country, refuses to debate the Democratic challenger. He's getting away with it because debating is not mandatory and Republicans win in Nebraska without even trying. There are only 1.9 million people who live in Nebraska and 88% of them are white so you know what that means. They could use a big fatty.
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text:
Q: Artifactory: Publishing Ivy Descriptors to Repository via Script It has been explained to me that if you want to have Artifactory manage your repository (which I do), and if you do not wish to hand-write your own Ivy descriptors yourself (which I don't), then your options are to either:

*

*Use Ivy RoundUp, which contains Ivy descriptors in addition to the artifacts themselves; or

*Write a script to generate the descriptors for you; or

*Write an XML transform to convert between Maven and Ivy descriptor schemas

After carefully weighing my options, I have decided to write a Python script to generate these descriptors.  I will place all the artifacts I wish to deploy/install to my repository into a deploy/ folder, and the script will iterate over any artifacts it finds in this folder, query the user for information about it, and then perform the deployment for me, right there inside the script.
Although this last requirement is not mandatory, it would be nice to just have the script hit Artifactory's RESTful API and deploy the descriptor and the artifact for me, in the right location.
This page explains the API, and is the topic of my question.
The only PUT based operation the API exposes is this:
PUT http://localhost:8080/artifactory/<repo>/<organization>/<module>/<version>/<artifact>:sample-metadata

<xml-metadata-content/>

The description for this operation is:

Attach the XML metadata to an item (file or folder).

Is this what I'm looking for? For instance, if I have a jar called my-utils-2.3.jar, then I want to be able to place this in the deploy/ directory, and have my script not only generate my-utils-2.3-ivy.xml, but to deploy both of these items to my repository at the right location (which, in this example, would be http://localhost:8080/artifactory/my-repo/my/utils/2.3/).
If this is not what I'm looking for, then does Artifactory's API even support what I want (and where is the documentation on this!)?
And, if it is what I'm looking for, then I have a 2nd security-related question. I would like to keep all of my repositories secured.  Ideally, the user executing this Python script would have to provide the Artifactory admin username & password in order for the deployment to carry out successfully.
But nowhere in this operation's definition do I see any support for authentication!! Am I to assume that Artifactory doesn't authenticate REST calls?!?
Thanks in advance!
Edit:
I found the following example on the Artifactory/Users old nabble forum:
curl -X PUT -u user:password --data-binary @/absolute/path/my-utils-2.3.jar "http://localhost/artifactory/my-repo/my/utils/2.3/"

Would this be what I'm looking for? That way, I could use PyCurl for the curl/libcurl interface, and still achieve security. If so, then why am I being asked for authentication by curl, as opposed to Artifactory?

A: Artifactory uses HTTP BASIC authentication for all REST calls. The curl example you mentioned will not work, since you need to specify the full target path for the file (the current command will just (re)create the directory in Artifactory and ignore the file stream). You should use:
curl -XPUT -f -uadmin:password --data-binary @/absolute/path/my-utils-2.3.jar "http://localhost/artifactory/my-repo/my/utils/2.3/my-utils-2.3.jar"

However, you can use Ivy to resolve directly from 3rd party Maven repos via the IBiblio resolver (see "usepoms"), or automatically convert poms to ivy descriptors using the convertpom task.
Artifactory also allows you to apply this type of pom->ivy conversion internally and store the ivy file into its cache via a groovy-based user plugin that intercepts the 'afterRemoteDownload' event.

A: Although Artifactory is flexible enough to support ivy repositories, I would recommend running it as a Maven repository.
Why?

*

*Maven has established itself as the defacto Java repository standard.

*Other builds tools, Ivy, Gradle, sbt,etc all understand Maven repositories.

The following answer describes how ivy can deploy to a Maven repository:
Convert ivy.xml to pom.xml

redpajama_set_name: RedPajamaStackExchange


text:
2010.08.23 - Metal Sickness - Interview with Bumblefoot
by Blackstar Tue Aug 24, 2021 12:47 pm
Bumblefoot Interview
Conducted by Ben via email on 8/15/2010
Hi Ron, it's a great pleasure for me to make this interview with you. First of all, you will be in France in a few days with Guns N' Roses. What's your feeling about this tour ?
I'm looking forward to coming back. France is a special place for me – it's where all my touring began in 1997 and continued, I will always feel a connection there.
GNR gives you the opportunity to play in big stadiums and big arenas. Is it something that you really like and aren't you afraid to come back to smaller places when you will tour again with Bumblefoot ?
I LOVE playing small places. Playing arenas is exciting, it's something we usually strive for as musicians, but after doing it all, I love the personal connection of playing bars most of all. I'm not wired up with in-ear monitors, wireless transmitters, none of that. It's something real – you plug into your amp, the speakers behind you, the monitor on the floor in front of you, you and the audience are face-to-face... I can honestly say I'm looking forward to it. It'll be like coming home, but with all this life experience I gathered along the way, there's a kind of peace about it.
GNR is a huge entertainment machine. Has it been easy for you to find your place in it ?
There are times when I feel like I'm with family and we're a strong machine, and there are other times when I think "I'm in the wrong band, I shouldn't be here, this doesn't feel right." I always say not to overthink, it's easy to think yourself into a bad place. But when business and other issues are breaking you down, you become vulnerable. And it adds fuel to the dark side. And I end up having a very polarized time with it, I feel the extremes. Two shows ago, it felt like the best show we ever did. The last show I had to walk off the stage in the middle, I couldn't fight my fucking rage and needed to cool down before letting it take over.
What are your favourite songs in the G'n'R set list ?
"Shackler's Revenge", "Better", and all the classics that the audience loves –"Sweet Child", "Nightrain", "Jungle", "Paradise", "November". Whatever moves the audience is what does it for me.
Did Axl (or anybody else) ask you to change a part of your style to sound like GNR or have you been chosen because you don't sound like Slash and it's a way to modernize the GNR sound ?
I was brought into the band because of who I am, I was brought in to be me. I was never asked to change. Even when I played my fucking 'Foot' guitar (http://www.bumblefoot.com/gear/08-vigier-flying-foot-guitar.php) when I first joined, no one stopped me. They should have, but they didn't, haha...
What has this experience changed in the way you do your job?
I don't smile anymore.
Shrapnel records re-released your debut instrumental CD "The Adventure Of Bumblefoot". What memories do you keep in mind about this period and about this album?
It brings back all the memories of recording it. I was still living with my parents, and had a small home studio set up in the basement. Everything was in a little area along the wall - a seat, a rack of ADATs with a mixing board on top, a pair of headphones, and a guitar amp with a mic in front, and a blanket over it. Five feet away was the big noisy air-conditioning unit for the house, and it was a hot Summer. I'd start recording and the AC would kick on - I'd have to stop and wait for it to shut off before I could continue. It would shut off and I'd start recording again, it would go back on, I'd stop, over and over. At some point I'd sneak upstairs and turn the thermostat up to 90º F and get a good amount of recording done, and then I'd hear my mom's voice from the floor above, "Why is it so hot in the house?", followed soon after by "Who turned the thermostat up to 90?!?!" "....RONALD!!!!!" I'd stop recording, get yelled at, then I'd continue recording. And then I'd sneak upstairs and turn the thermostat back up again, haha...
I think you must be proud to see that this album has became "a cult album"?
That's great, I'm very happy about that. The one wish I have is that songs I wrote would be remembered after I'm gone. If that happens, I'll rest easy.
Do you sometimes think about making a new instrumental CD or is it something you don't want to do anymore ?
I think about it a lot, I'm thinking of doing this for my next album. I have a difficult time writing while I tour, between the travel schedule and the bombardment of intensity. But I'm going to try on this next tour, I have to. I'd like to make an instrumental album and have a lot of guests lay solos on it.
Autographed copies of the CD will be available at the official Bumblefoot.com store in August 2010, where $5/CD will be donated to Multiple Sclerosis research. Can you tell us why do you especially support this research?
A close friend of mine, Ralph Rosa was diagnosed with the disease in '97, this is what raised my awareness and made it personal for me. He started a non-profit organization "MS Research Foundation" (www.msrf.org) and with the help of friends and family, we've held concerts and events and raise money for research. Everyone involved is a volunteer, no one gets paid, there's no overhead, so all the money goes to research. We've gone to the labs, looked through the microscopes, chose the direction of research we wanted to support and are kept updated on progress. I'm donating $5 from the Adventures CDs to MS research, I'm doing this for all autographed items.
This release will contain 5 bonus tracks you composed for a SEGA videogame. Is it something you'd like to do again (for a videogame, but also for a movie soundtrack)?
I would love to do more videogame music, film music. Right now I mostly do TV music, the most recent is VH1's "That Metal Show", I did the theme song.
What's your involvement in the tab book, and what do you think about this kind of product (is it something that helped you in the past when you learnt guitar)?
The 'Adventures' transcription book is something I started in 1997. I put every guitar part from every song onto cassettes and would listen back with a guitar in hand, a few seconds at a time, re-learning everything I played and writing it out with notation software. It took six months, 200 pages of exact fingers, picking, musical notation and TAB for every note hit on the album. The whole thing was a huge challenge, but I'm so glad I did it. Books like this can be a great way to understand how other musicians think, you can get a lot of new ideas, give your fingers something new to develop, and broaden how you play and write. There were times where my ears weren't enough to learn something, and reading the notes put the puzzle pieces in place.
Do you think your music can really be transcribed in TAB for a "normal" human being and do you know where I can buy a "256 fingers kit" to play your songs ?
Haha....!
You have made a lot of master classes and you often appear in the guitar press. You give a lot of advices and share a large part of you ability. Is it something important for you as a musician to share your secrets with other musicians?
It's important to share, but I don't feel that there are secrets. I see it more as showing them how I found out what I found out. For years I've wanted to make an instructional DVD but never have the time to get it started. Every year I say 'hopefully next year...' It's completely in my power to make it happen, I just have to choose what needs my time most and it's always something else, something with a deadline, somewhere I have to be... as a wise man (Mattias Eklundh) said to me not long ago, 'Time is the enemy'
Some videos show you jamming with other guitar heroes. Have you got favourite ones (let's give us some names) or do you like any kind of guitarists?
Joe Satriani, Vinnie Moore, Guthrie Govan, Mattias Eklundh, Chistophe Godin, Stephane Alaux, and probably a bunch more that deserve mentioning that are escaping my mind at the moment. But all these guys are wonderful people with and without a guitar in their hand.
I saw you on the Guitar Part magazine DVD and your guitar really seems to be a game for you. Is it true and do you have a secret to keep in mind this dimension of the guitar playing?
I just have fun with it, and don't think too much. Just go by instincts, spontaneity, let the moment and the feeling in the air guide you...
Your music is also available on RockBand Channel. What do you think about this way to make your music known?
Yes, we started with the song "Guitars SUCK", and will work on making songs from the Normal and Abnormal CDs available next. It's a great way to connect people to music, physically, interactively, I love it.
Do you personally play games like "RockBand" or "Guitar Hero"?
When we had GNR rehearsals in LA throughout 2009, I'd go to a friend's house every Saturday, he had this huge wall and a projector. We'd watch UFC, watch obscure and vintage metal videos, then play Rock Band all night...
To end this interview, have you start composing the next Bumblefoot album? You must have tons of ideas...
I actually have some music I wrote last year that I want to get a singer on. I don't want to sing on it myself, I just want to be the guitarist.
Will the Guns N' Roses experience have an influence on it and how?
I think GNR influenced the Normal and Abnormal albums, where I was inspired to dig deeper into my own roots of 60s/70s rock and punk. My relationship with GNR started 2 years before joining the band, and some of the events are what got the writing for the Normal album flowing.
Is there a chance to see Bumblefoot in concert in France in the near future?
So many times when I make my own plans, there's a last-moment change in GNR's schedule and I have to cancel my plans. I've had to cancel tours, clinic tours, all kinds of things. The only things I plan now are meet-n-greets, things that are free to go to and a smaller investment to organize. This way if something goes wrong, there's less damage. But even something as simple as a meet-n-greet, it was almost impossible for me to make the last ones I scheduled happen – GNR changed their plans and I had to stay in different cities than the rest of the band, it was a lot of chaos on my end. It's been getting harder for me to get on that stage - if I'm gonna make it through the next tour I'm gonna have to simplify my world.
Thanks for your answers and all the best for you and your projects!
Thank you, always a pleasure!
PS : Thanks for "Normal" and "Abnormal" two albums that have change my life and the way I listen to music!
That really means a lot, thank you soooooooooooooo much.....!
Merci à/Thanks to Barry Adkins
http://www.bumblefoot.com/press/20100823_-_metalsickness/20100823_-_metalsickness.htm
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redpajama_set_name: RedPajamaCommonCrawl


text:
Title: Concretes Incorporating High Volumes of ASTM Class F Fly Ashes: Mechanical Properties and Resistance to De-icing Salt Scaling and to Chloride-Ion Penetration
Author(s): A. Bilodeau and V. M. MalhotraI
Appears on pages(s): 319-350
Keywords: abrasion resistance; chloride ions; compressive strength; creep; deicers; drying shrinkage; flexural strength; setting (hardening); fly ash; scaling; modulus of elasticity; superplasticizer; Materials Research
This paper gives the results of an investigation on the performance of high-volume fly ash concrete made with ASTM Class F fly ashes from three different sources. Cementitious materials contents of 300, 370, and 430 kg/m3 were used. The percentage of fly ash used was 58 percent of the total cementitious materials content. All the concrete mixtures were air-entrained and superplasticized. A large number of concrete specimens were subjected to the determination of compressive and flexural strengths, Young's modulus of elasticity, creep strain, drying shrinkage, abrasion resistance, deicing salt-scaling resistance, and resistance to chloride-ion penetration. High-volume fly ash concrete with adequate early-age strengths and excellent later age strengths can be produced with cement and total cementitious materials as low as 125 and 300 kg/m3, respectively. The Young's modulus of elasticity, creep, and drying shrinkage of high-volume concrete are comparable to those of the plain portland cement concrete. The high-volume fly ash concrete shows excellent resistance to chloride-ion penetration and outperforms plain portland cement concrete. The total charge in coloumbs at 91 days, a measure of resistance to the chloride-ion penetration, ranges from 278 to 1078. The corresponding values for reference concrete range from 1003 to 2313. Further research is needed to explain the relatively poor performance of the high-volume fly ash concrete under deicing salt scaling and abrasion tests.


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text:
import invariant from 'invariant';
import {
  ComponentType,
  ReactElement,
  createContext,
  createElement,
  useContext,
} from 'react';

import { connectField } from './connectField';
import { Context } from './types';
import { useField } from './useField';

export type AutoFieldProps = {
  component?: Component;
  name: string;
  [prop: string]: unknown;
};

/** @internal */
export type Component = ComponentType<any> | ReturnType<typeof connectField>;

/** @internal */
export type ComponentDetector = (
  props: ReturnType<typeof useField>[0],
  uniforms: Context<Record<string, unknown>>,
) => Component;

export function createAutoField(defaultComponentDetector: ComponentDetector) {
  const context = createContext<ComponentDetector>(defaultComponentDetector);

  function AutoField(rawProps: AutoFieldProps): ReactElement {
    const [props, uniforms] = useField(rawProps.name, rawProps);
    const componentDetector = useContext(context);
    const component = componentDetector(props, uniforms);

    invariant(component, 'AutoField received no component for: %s', props.name);

    return 'options' in component && component.options?.kind === 'leaf'
      ? createElement(component.Component, props)
      : createElement(component, rawProps);
  }

  return Object.assign(AutoField, {
    componentDetectorContext: context,
    defaultComponentDetector,
  });
}

redpajama_set_name: RedPajamaGithub


text:
Home Scandal and Gossip Why? Mississippi teacher intentionally drove SUV into lake w/ 2 year old...
Why? Mississippi teacher intentionally drove SUV into lake w/ 2 year old daughter
Pictured, Cari Cullum Columbus Mississippi mother with 2 year old daughter. Image via Facebook.
Cari Cullum Columbus Mississippi elementary teacher and mom of three charged w/ attempted murder after driving SUV into lake with 2 year old daughter inside.
An elementary school teacher and mother of three in Mississippi has been charged with attempted murder after she intentionally drove her SUV into a lake with her 2-year-old daughter inside, authorities said.
Cari Campbell Cullum, 34, was booked Monday after police in Columbus said she backed her SUV off a boat ramp at the Columbus Lock and Dam in the early morning hours of Sept. 21, circa 3.15 a.m the Mississippi Clarion-Ledger reported.
'This is a tragic case and we believe this was not an accident,' Police Chief Fred Shelton said in a news release. 'Our investigation continues into the incident. Her children are in the care of another person at this time.'
Cullum and her child survived after a friend who the mother had called early that morning breaking a window to free her and her 2 year old daughter, the Northeast Mississippi Daily Journal reported.
Cullum, her daughter and the man who saved them from the partially submerged SUV were not hurt, cops said.
Told Police Chief Shelton via WTVA-TV, 'The man that put his own life at risk to save these two people is a hero. We would never tell anyone to take such actions, but he did what he had to do. I am convinced the outcome would have been much worse without his life-saving work.'
Cullum's daughter is now in the custody of her biological father in Monroe County, the Daily Journal reported.
#BREAKING A former Hamilton Elementary School teacher is charged with attempted murder after allegedly driving her vehicle and her child into Columbus Lake. 34 year old Cari Cullum made her initial court appearance today. Judge set her bond at $400,000. @WCBINEWS pic.twitter.com/vHoPiz4zzy
— Quentin Smith WCBI (@Q_Smith_) October 1, 2019
Pictured, Cari Cullum Columbus Mississippi mother of three and elementary teacher.
Prior incidents of child endangerment:
Cullum identifies herself on her Facebook page as a second-grade teacher at Hamilton Elementary School. District officials declined to discuss her employment status, according to the Clarion-Ledger.
'This is something that we're working through now as a district,' Monroe County School District Superintendent Brian Jernigan told the newspaper.
The divorced mom previously earned a bachelor's degree in elementary education from the Mississippi University for Women, according to her Facebook profile.
A judge set Cullum's bond at $400,000 during her initial court appearance Monday and ordered her to stay away from her children, the Commercial Dispatch reported. She was not listed as in custody at the Lowndes County Adult Detention Center as of Wednesday, jail records show.
Of note, heavy reported Cullum facing additional charges of child endangerment for a separate incident which occurred in August of 2019. The mother of three was also arrested on August 11, 2019, on suspicion of driving under the influence. Cullum was at the time charged with DUI and child endangerment, as a result of her two year old and eleven year old being in the vehicle.
It remained unclear when Cullum became estranged from her former husband.


Christian Wolff is a forensic accountant, who investigates financial embezzlement for numerous businesses, including some dangerous criminal enterprises.
As a child, Christian was diagnosed with a high-functioning form of autism, and his father raised him to overcome the hardships of his condition.
He arranged for Chris and his brother to receive extensive combat training, including martial arts and sharpshooting.
Christian uses those skills to protect himself from the more dangerous elements in his life.
Wolff is also being pursued by Raymond King of the Treasury Department, who knows Christian only by the alias "The Accountant".
King blackmails data analyst Marybeth Medina into helping him identify the Accountant.
In Christian's new assignment, he is somewhat befriended by in-house accountant Dana Cummings.
When a seemingly safe and normal job threatens the lives of Chris and is new found friend, Wolff ignores his standard protocol and goes after the source of the threat.
The Accountant is an entertaining and pertinent new film that highlights the difficulties of mental illness.
While the mentally ill are usually victimized or vilified in film, in this case the hero of the story has a form of autism.
The strengths of the condition are highlighted, while the character continues to battle the challenges his condition presents.
It is really quite fascinating to see the mechanisms that the main character Chris Wolff uses when faced with awkward social situations.
So in many ways the film somewhat celebrates the character's abilities, and in that sense is reminiscent of the movie Rain Man.
Of course the movie has to be good in other ways as well, and I found the story line and action sequences to be generally strong and enjoyable.
The exception is the part played by the treasury department investigators, which seems somewhat contrived and doesn't add much if anything to the story.
Nonetheless, The Accountant is a solid movie that should appeal to fans of a good crime thriller.
The cast includes Ben Affleck, Anna Kendrick, J.K. Simmons, Jon Bernthal, John Lithgow, Jean Smart, Jeffrey Tambor and Jason Davis.
The Accountant was directed by Gavin O'Connor, who also helmed Pride and Glory, Warrior, Miracle, and Jane Got a Gun.
The movie received mixed reviews, with a Rotten Tomatoes score of 51%.
However it saw a largely positive public response, earning an IMDb score of 7.5/10.
The Accountant was a success in the cinema, taking in $86.2M at the US box office – almost double its estimated budget.
The image quality is strong throughout this film, with strong contrasts and sharp pictures throughout.
This presentation is sure to satisfy the cinemaphile, though those with the capability will probably prefer the 4K Ultra HD version of the movie.
Check out the details page for The Accountant to see full resolution PNG screen captures taken directly from the disc.
The main audio is lossless 7.1 DTS-HD Master Audio with 16-bits resolution at 48 kHz.
The disc is a dual layer BD50, with 42.2 GB used and is coded for All Regions.
The Blu-ray release for The Accountant comes with just a few supplements, totaling just under a half hour of content.
In this behind the scenes segment the cast and crew discuss the main character Christian Wolff.
The idea that a high functioning autistic man can use those traits to his advantage is an interesting approach.
The film makers researched and studied the reality of the condition to help with the authenticity for the movie.
The other key characters also get some coverage in this featurette.
This supplement takes an even closer look at Christian Wolff's condition.
While on the one hand people with this condition have difficulty in communicating with others, on the other they can have exceptional intelligence and skills.
The Wolff character takes advantage of these strengths and does his best to overcome the challenges.
Stunt and weapon consultants for the film discuss the training for the action scenes and fight choreography.
The fighting style was chosen to align with Wolff's characteristics and traits.
The Accountant is a solid crime thriller that features an unlikely hero with autistic strengths and vulnerabilities.
Warner Home Video has put together a strong Blu-ray presentation that includes a half hour or so of supplemental features.
Christian Wolff is a math savant with more affinity for numbers than people. Behind the cover of a small-town CPA office, he works as a freelance accountant for some of the world's most dangerous criminal organizations. With the Treasury Department's Crime Enment Division, run by Ray King, starting to close in, Christian takes on a legitimate client: a state-of-the-art robotics company where an accounting clerk has discovered a discrepancy involving millions of dollars. But as Christian uncooks the books and gets closer to the truth, it is the body count that starts to rise.
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Well-Preserved Shipwreck From Over 200 Years Ago Washes Ashore On Florida Beach, Complete With Roman Numerals
DGoodingsThinkstock
A well-preserved shipwreck that dates back to over 200 years ago washed ashore on a Florida beach on Tuesday night. Two beachgoers discovered the remains of the 18th-century shipwreck early Wednesday morning, and researchers are now working to create a three-dimensional model of what the ship would have looked like in "its original form," according to the Daily Mail on Thursday.
The Daily Mail reports that curious Florida residents are flocking to the South Ponte Vedra Beach, which is about a 20-minute drive northwest to Jacksonville, to view the 18th-century "gigantic" shipwreck that was found by Julie Turner from Vilano and her 8-year-old son, Patrick. Only the wooden hull of the ship washed ashore, but the centuries-old wreckage is still being called the "holy grail of shipwrecks."
According to the Florida Times-Union out of Jacksonville, the hull of the shipwreck, which measures nearly 50-foot-long, could date as far back as the late 1700s. Researchers are currently taking details from the ribs of the ship's hull to try to determine an exact date of the sailing ship, as well as the story behind the wreckage.
The 18th-century shipwreck is being called a "relic" and a "historical" artifact that researchers say has been so well-preserved from laying under the sand for years before being washed ashore earlier this week. Researchers also worry that the shipwreck could be washed "under the water" again by the high tide before they're able to fully examine the ship.
Turner reportedly first thought the wreckage from the ship, that currently has an undetermined origin, was a fence, especially since several other pieces of the ship washed ashore several yards away from the main hull. The ribbed shape of the hull also resembles a wooden fence, and several up-close photos show details of the age of the shipwreck.
The previously-mentioned article on the Daily Mail shows photos of the "very rare" 18th-century shipwreck with visible Roman numerals etched into the sides of the hull's ribs, along with still-intact wooden pegs and tacks that are covered in copper, which is apparently a very indicative clue that the ship had once been completely covered in copper. One maritime historian, Brendan Burke, calls the etched writing on the hull "amazing."
"It's really amazing to see somebody's writing that's been buried in the ocean for well more than a century."
Now considered to be the property of the state of Florida, the 18th-century shipwreck will more than likely be further inspected by archaeologists that have been requested by St. Johns County, as reported by Fox News. In the meantime, current researchers are taking as many notes, measurements, photos, and drawings of the shipwreck as they can to map it out and try to determine where it came from, its date of origin, and its backstory.
The Florida Times-Union report shares that the shipwreck was washed ashore overnight Tuesday by a storm surge, and Turner first sighted the wreckage before 8 a.m. on Wednesday morning from the deck of her parents' home in Ponte Vedra. Chuck Meide, director of the St. Augustine Lighthouse Archaeological Maritime Program (LAMP), says that the 18th-century shipwreck probably didn't actually wreck "anywhere nearby" where it came ashore on Ponte Vedra Beach.
Turner's son, Patrick, confirmed that the beach had been clear on Tuesday, with "nothing there" as he played — only sand, shells, water, and sticks.
Fox News reports that the ultimate fate of the 18th-century shipwreck has not yet been determined by Florida officials.
An article on Copper Development Association Inc. notes that copper sheathing was first used on wooden ships belonging to England's Royal Navy in the mid-18th century to prevent sailing ships from being worn away by mollusks that drill into wood using "sharp teeth."


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PPA threatens protest against Citizenship Amendment Bill
ITANAGAR, May 31: Expressing solidarity with the mass hunger strike staged by the people of Assam on 28 May against the Citizenship (Amendment) Bill 2016, the People's Party of Arunachal (PPA) said it will launch protest against the bill, and over Chief Minister Pema Khandu's "incredulous and nonchalant statement" on the bill.
The CM had recently said that Arunachal did not have to worry about the bill as the state is protected by the Bengal Eastern Frontier Regulation (BEFR) of 1873.
"Since Arunachal is protected under the BERF 1873, which does not allow even Indian citizens to enter the state without an inner line permit, Arunachal does not need to worry about the issue," Pema had said.
Criticizing the statement, the PPA on Thursday said "the nonchalant statement by the chief minister that we do not need to worry about the bill is incredulous. When the whole Northeast is opposing the bill, his breaking his silence with this ridiculous statement is worse than earlier when he was silent on this issue."
"Is it because of the BEFR that the number of Chakma refugees in Arunachal has increased from a few hundred to tens of thousands and some non-APSTs in Lekang (Namsai) are demanding that they are not to be asked for ILP?" the PPA questioned rhetorically.
Although the CM "occasionally raises his voice against Chakmas and Hajongs, is it because of the BEFR that he has never spoken against the issue of Tibetan refugees?"it questioned.
Claiming that, besides the PPA, only two or three community-based organizations and the AAPSU and its federal units are opposing the bill, the PPA wondered why the people of Arunachal are silent on the issue "which threatens to reduce the people of the state to a minority in their own land."
"Does no one care if Chakmas, Hajongs, and Tibetans become Arunachalees after this bill is passed?" the party questioned.
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HOYER & HICKS
Attorneys Practice Areas Case Portfolio Intake Questionnaire Class Notices Blog
The employment lawyers of Hoyer & Hicks handle cases involving wrongful termination, discrimination, harassment, missed breaks, and unpaid wages in the San Francisco Bay Area and Greater Los Angeles Area. This blog contains portions of our legal research and court submissions and updates about the ever-evolving field of employment law.
January 2021 Employment Legislation
Starting in January 2021, there will be some new employment legislation going into effect. Here's a little breakdown of some key things to know, as an employee.
Independent Contractor / Employee Misclassification, Leave
#AB 2257 #AB 5 #Borello #California Family Rights Act #CFRA #Department of Fair Employment and Housing #DFEH #SB 1383
Instacart Wage-and-Hour Settlement
ATTORNEY ADVERTISEMENT Our firm filed a representative action on behalf of Aggrieved Employees and the State of California against Instacart in Santa Clara County in 2018: Ornelas v. Maplebear, Inc. (d/b/a lnstacart), case no. 18CV323046. Based on our client's experiences, we alleged that lnstacart's timekeeping app deleted employees' hours worked on cancelled jobs and failed […]
Class Actions, Missed Meal and Rest Breaks, Unpaid Wages, Wage and Hour
#Instacart #off the clock #settlement
Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County
Under the "ABC Test" established by the California Supreme Court in Dynamex Operations West, Inc. v. The Superior Court of Los Angeles County, a worker is an employee if any of the following conditions are met:
Independent Contractor / Employee Misclassification, Wage and Hour
#employee status #independent contractor #misclassification
Wage and Hour Class Action Mediation Brief
Section 510 of the Labor Code and the applicable IWC Wage Order require employers to pay overtime for hours worked beyond eight in a day and forty in a week (and double-time as provided in the statute and Wage Order).
Class Actions, Legal Procedure, Missed Meal and Rest Breaks, Retaliation, Unpaid Wages, Wage and Hour, Wrongful Termination
#Brinker #Labor Code § 1102.5 #Labor Code § 1102.6 #Labor Code § 226.7 #Labor Code § 512 #Labor Code §§ 201-203 #Sav-On Drug Stores
Break Laws and Class Action Procedure
Labor Code §§ 226.7 and 512 and the applicable wage orders require employers to authorize and permit meal periods to their employees. California law prohibits employers from employing an employee for more than five hours without a meal period of at least 30 minutes.
Class Actions, Missed Meal and Rest Breaks
#Brinker #class action certification #Labor Code #meal breaks #PAGA #penalties #predominance #premium wages #superior method #tip pooling #typicality
California Law: Class Action Suits & Missed Meal/Rest/Break Periods
Labor Code §§ 226.7 and 512 and the applicable wage orders require an employer to authorize and permit meal and rest periods to their employees. California law prohibits employers from employing an employee for more than five hours without a meal period of at least 30 minutes. "[A]n employer's obligation is to provide an off-duty meal period: an uninterrupted 30–minute period during which the employee is relieved of all duty." Brinker Rest. Corp. v. Super. Ct., 53 Cal. 4th 1004, 1035 (2012). "An employer must relieve the employee of all duty for the designated period." Id. at 1034. An employer cannot "impede or discourage [employees] from [taking off-duty rest periods]." Id. at 1040. Section 226.7 and applicable wage orders also require employers to authorize and permit employees to take 10-minute rest periods for each four hours or major fraction thereof of work, and to pay employees their full wages during their rest periods. "[A]s a general matter," one rest break should fall on either side of the meal break." Id. at 1032. Unless the employee is relieved of all duty during the 30-minute meal period and 10-minute rest period, the employee is considered "on duty" and the meal or rest period is counted as time worked under the applicable wage orders. Augustus v. ABM Security Services, Inc. (2016) 2 Cal.5th 257, 264.
Class Actions, Legal Procedure, Missed Meal and Rest Breaks, Unpaid Wages, Wage and Hour
#Arias v. Superior Court #Augustus v. ABM Security Services Inc. #Benton #Brinker Rest. Corp. v. Super. Ct. #Fry #Fry v. Hayt Hayt & Landau #Gen. Tel. Co. of S.W. v. Falcon #Hanlon #Hanlon v. Chrysler Corp. #Isuzu Motors Ltd. v. Consumers Union of U.S. Inc. #Kamar v. Radio Shack Corp. #Labor Code § 200 #Labor Code § 226.7 #Labor Code § 510 #Labor Code §§ 201-203 #Labor Code §§ 226.7 and 512 #Labor Code §1194 (a) #Rivera v. Rivera #Wang v. Chinese Daily News Inc. #Yokoyama
Mandatory Meal and Rest Periods
Labor Code §§ 226.7 and 512 and the applicable wage orders requires an employer to authorize and permit meal and rest periods to its employees. California law prohibits employers from employing an employee for more than five hours without a meal period of at least 30 minutes, and from employing an employee more than ten hours per day without providing the employee with a second meal period of not less than 30 minutes. "[A]n employer's obligation is to provide an off duty meal period: an uninterrupted 30–minute period during which the employee is relieved of all duty." Brinker Rest. Corp. v. Super. Ct., 53 Cal. 4th 1004, 1035 (2012). "An employer must relieve the employee of all duty for the designated period." Id. at 1034. An employer cannot "impede or discourage [employees] from [taking breaks]." Id. at 1040. Section 226.7 and applicable wage orders also require employers to authorize and permit employees to take 10-minute rest periods for each four hours or major fraction thereof of work, and to pay employees their full wages during their rest periods. "[A]s a general matter, one rest break should fall on either side of the meal break." Id. at 1032. Unless the employee is relieved of all duty during the 30-minute meal period and 10-minute rest period, the employee is considered "on duty" and the meal or rest period is counted as time worked under the applicable wage orders. When an employer fails to provide a rest or meal period in accordance with the applicable wage orders, the employer must pay the employee one additional hour of pay at the employee's regular rate of pay for each workday that a required rest period is not provided, and one additional hour of pay for each work day that a compliant meal period is not provided. Labor Code § 226.7.
Class Actions, Legal Procedure, Missed Meal and Rest Breaks, Overtime, Unpaid Wages, Wage and Hour
#Brinker Rest. Corp. v. Super. Ct. #Labor Code § 1194(a) #Labor Code § 226.7 #Labor Code § 510(a) #Labor Code § 512 #Labor Code §§ 201-203
Exempt and Non-Exempt Employment in the Food Service Industry
California state laws require that all non-exempt employees be compensated at time-and-a-half for all hours worked over 8 hours per day and 40 hours in a week. See California Labor Code section 510(a) and Industrial Welfare Commission ("IWC") Wage Order, Order No. 5-2001 section 3(A). The law also requires employers to maintain accurate time records for all of the hours worked by its employees, provide accurate itemized wage statements, authorize, permit and provide meal and rest periods, and pay all wages earned to an employee immediately upon their termination.
Exempt vs. Non-Exempt, Wage and Hour
#29 C.F.R. § 541.108 #food service workers #Heyen v. Safeway (2013) #Ramirez v. Yosemite Water Co.
California Law Regarding Depositions and Discovery
"Any party may obtain discovery…by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency." (C.C.P. § 2025.010.)
Legal Procedure, Uncategorized
#Associated Brewers Distributing Co. v. Superior Court of Los Angeles County #Beverly Hills Nat. Bank & Trust Co. v. Superior Court In and For Los Angeles County #C.C.P. § 2016.040 #C.C.P. § 2023.010 #C.C.P. § 2023.030(a) #C.C.P. § 2023.450(g)(1) #C.C.P. § 2025.010 #C.C.P. § 2025.280(a) #C.C.P. § 2025.450(a) #C.C.P. § 2025.450(b) #Do v. Superior Court #I. E. S. Corp. v. Superior Court of Los Angeles County #Moran v. Superior Court in and for Sacramento County #Tatkin v. Superior Court In and For Los Angeles County #Townsend v. Superior Court
Ex Parte Application
Exempt vs. Non-Exempt
Independent Contractor / Employee Misclassification
Missed Meal and Rest Breaks
29 C.F.R. § 541.108
29 C.F.R. 785.15
42 U.S.C. § 2000e-3(a)
Adams v. Inter-Con Sec. Sys. Inc.
Alonzo v. Maximus Inc.
Alvarez v. Hill
Amaral v. Cintas Corp. No. 2
Anderson v. Mt. Clemens Pottery Co.
Arakaki v. Cayetano
Arias v. Superior Court
Armenta v. Osmose Inc.
Associated Brewers Distributing Co. v. Superior Court of Los Angeles County
AT&T Mobility v. Concepcion
Augustus v. ABM Security Services Inc.
Augustus v. American Commercial Security
Avilez v. Pinkerton Government Services
Ballaris v. Wacker Siltronic Corp.
Barnett v. U.S. Air Inc.
Barnhill v. Robert Saunders & Co.
Beverly Hills Nat. Bank & Trust Co. v. Superior Court In and For Los Angeles County
Biggs v. Joshua Hendy Corp.
Brennan v. Elmer's Disposal Serv. Inc.
Brinker Rest. Corp. v. Super. Ct.
Brinker Restaurant Corp. v. Superior Court
Bufil v. Dollar Financial Group Inc.
C.C.P. § 2016.040
C.C.P. § 2023.030(a)
C.C.P. § 2023.450(g)(1)
C.C.P. § 2025.450(b)
C.C.R. § 11040
C.F.R. § 516.2(a)(7)
C.F.R. § 778.109
C.F.R. § 785.11
C.F.R. § 785.19(a)
C.F.R. § 790.21(b)(2)
C.F.R. §778.110(b)
C.F.R. §778.211
C.F.R. 785.19(a)
C.F.R. 785.19(b)
Cabesuela v. Browning-Ferris Industries of California Inc.
Cal. Gov. Code §12926(n)(2)
Cal. Labor Code §98.6(a)
Caliber Bodyworks Inc. v. Superior Court
California Labor Code §1102.5
California Labor Code §226.7
CFRA
Cicairos v. Summit Logistics Inc.
Civ. Code § 338(a)
class action certification
class arbitration
Claudio v. Regents of University of California
Code Civ. Proc. § 2023.030
Code Civ. Proc. § 2025.420(d)
Code Civ. Proc. 2025.420(b)(12)
Colwell v. Rite Aid Corp.
communications with class members
Cornwell v. Electra Cent. Credit Union
Criado v. IBM Corp
Dawn v. Sterling Drug Inc.
Department of Fair Employment and Housing
DFEH
Diaz v. Fed. Express Corp.
Dietrick v. Securitas Sec. Servs. USA Inc.
Dilts v. Penske Logistics LLC
Division of Labor Standards Enforcement
DLSE
Do v. Superior Court
Donovan v. Crisostomo
Donovan v. New Floridian Hotel Inc.
employee status
F.W. Stock & Sons Inc. v. Thompson
Fair Employment and Housing Act
Faulkinbury v. Boyd
Faulkinbury v. Boyd & Associates
Federal Rule of Civil Procedure rule 56
FEHA
food service workers
Forest Conservation Council v. U.S. Forest Serv.
FRCP 24(a)
FRCP 24(b)
FRCP 24(b)(1)(B)
FRCP 24(b)(3)
Freund v. Nycomed Amersham
Fry v. Hayt Hayt & Landau
Gantt v. Sentry Insurance
Garcia v. Rockwell Internat. Corp.
Gardner v. Shell Oil Co.
Gelfo v. Lockheed Martin Corp.
Gen. Tel. Co. of S.W. v. Falcon
Ghazaryan v. Diva Limousine Ltd.
Gilb v. Chiang
Gould v. Maryland Sound Industries Inc.
Government Code § 12926.1(c)
Government Code § 12926(l)
Green v. Ralee Eng'g Co.
Guifu Li v. A Perfect Day Franchise Inc.
Hale v. Morgan
Hanlon
Hanlon v. Chrysler Corp.
Hanson v. Lucky Stores Inc.
Haro v. City of Los Angeles
Harris v. Vector Mktg. Corp
Hentzel v. Singer Co.
Heritage Residential Care Inc. v. DLSE
Herman v. Hector I. Nieves Transport Inc.
Heyen v. Safeway (2013)
Hill v. RL Carriers Inc.
Hoffman-La Roche Inc. v. Sperling
Home Depot U.S.A. Inc. v. Superior Court
Hoohuli v. Lingle
Horsford v. Board of Trustees of California State University
Huene v. U.S. Dept. of the Treasury
Huntington Memorial Hospital v. Superior Court
I. E. S. Corp. v. Superior Court of Los Angeles County
Industrial Welfare Com. v. Superior Court
Industrial Welfare Commission
Inherent.com v. Martindale-Hubbell
Isuzu Motors Ltd. v. Consumers Union of U.S. Inc.
IWC Wage Order No. 4
Jaimez v. DAIOHS USA Inc.
Jensen v. Wells Fargo Bank
Jeske v. California Dept. of Corrections and Rehabilitation
Kamar v. Radio Shack Corp.
Kimbro v. Atlantic Richfield Co.
Lab. Code §1102.5(c)
Labor Code
Labor Code § 1102.5
Labor Code § 1194(a)
Labor Code § 1199
Labor Code § 200
Labor Code § 201(a)
Labor Code § 203(b)
Labor Code § 226.3
Labor Code § 226.7(c)
Labor Code § 226(e)(2)
Labor Code § 2699(e)(2)
Labor Code § 2699(f)
Labor Code § 2699(g)(1)
Labor Code § 98
Labor Code §§ 1174-1175
Labor Code §§ 201 and 203
Labor Code §§ 201-203
Labor Code §§ 226.7 and 512
Labor Code §1194 (a)
Labor Code §6401
Leuthold v. Destination America Inc.
Lewis v. Wells Fargo & Co
Lowy Development Corp. v. Superior Court
LWDA
Madera Police Officers Assn. v. City of Madera
Martinez v. Combs
Mayle v. Felix
McDonnell Douglas Corp. v. Green
McLaughlin v. Ho Fat Seto
meal breaks
Mills v. Joshua Hendy Corp.
Monzon v. Schaefer Ambulance Service Inc.
Moran v. Superior Court in and for Sacramento County
Morton v. Valley Farm Transp. Inc.
motion to compel arbitration
Murphy v. Kenneth Cole
Murphy v. Kenneth Cole Productions Inc.
Ortega v. J.B. Hunt Transport Inc.
Pacesetter Sys. Inc. v. Medtronic Inc.
Phillip v. Mayo Clinic Arizona
Plaisted v. Dress Barn Inc.
Poland v. Chertoff
predominance
premium wages
Price v. McDonald's Corp.
Price v. Starbucks Corp.
Prilliman v. United Air Lines inc.
Prillman v. United Air Lines Inc.
Ramirez v. Ghilotti Bros. Inc.
Ramirez v. Yosemite Water Co.
Reinhardt v. Gemini Motor Transport
Rivera v. Rivera
Road Sprinkler Fitters Local Union No. 669 v. G & G Fire Sprinklers Inc.
Rother v. Lupenko
Rubin v. Wal-Mart Stores Inc.
Salazar v. U.S. Department of Justice
Sanchez v. Swissport Inc.
Sav-On Drug Stores
Seymore v. Metson Marine Inc.
Smith v. Marsh
Soules v. Cadam Inc.
Spitzer v. Good Guys Inc.
St. John v. Employment Development Dept.
St. Mary's Honor Ctr. v. Hicks
Starving Students Inc. v. Department Of Industrial Relations
Stolt-Nielsen
Suckow Borax Mines Consol. v. Borax Consol.
Sullivan v. Oracle Corp.
superior method
Tameny v. Atlantic Richfield Co.
Tatkin v. Superior Court In and For Los Angeles County
Tennessee Coal Iron & R. Co. v. Muscoda Local No. 123
Thiebes v. Wal-Mart Stores Inc.
Thurman v. Bayshore Transit Management Inc.
tip pooling
Townsend v. Superior Court
Turner v. Anheuser-Busch Inc.
typicality
U.S. v. Ewald Iron Co.
U.S.C. § 12111(9)(B)
U.S.C. § 2000e-3(a)
U.S.C. § 202
U.S.C. § 207(a)(1)
U.S.C. § 216(b)
U.S.C. § 255(a)
U.S.C. §§ 206 207(a)(1)
U.S.C. §§ 211(c) 215(a)(5)
U.S.C. §215(a)(3)
U.S.C. 211(c)
Wage Order 4-2001
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White v. Davis
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Startups and Company Law: The Competitive Pressure of Delaware on Italy (and Europe?)
Paolo Giudici
Professor of Business Law at the Free University of Bolzano-Bozen
Peter Agstner
Assistant Professor at Free University of Bozen-Bolzano, Italy
Freedom of contract
Regulatory competition
Our paper on startups shows that European company law is still anchored to last century ideas about growth and economic development. We hope that the Italian experience and our proposals can be of interest to any European country which wants to change company law to make it more amicable to startups.
During the last decades of the XIX century, with the rise of stock markets, many financial scams plagued European countries. In reaction to abuses, the German legislator, among other reforms, 'invented' in 1892 the GmbH. This corporate form was designed for small and medium firms, which were prevented from accessing outside market investors and capital markets. The United Kingdom, instead, intervened on disclosure regulation. The European dichotomy between the one-law and the two-law company models was born.
After the fundamental 1999 Centros decision by the ECJ and its progeny, the fear of intra-European competition for charters pushed Member States around Continental Europe to overhaul the law of private companies. In particular, the efforts concentrated on the facilitation of the formation of new enterprises, relaxation of rules on legal capital and the introduction of new types or subtypes of close corporations. Although all Member States have made significant efforts for the promotion of entrepreneurship and competitiveness, a specific approach addressing the problems and needs of startups was missing. The GmbH/Société à responsabilité limitée/Società a responsabilità limitata (SRL) was not directed to capture initiatives today vehicled by startups, which in the US inspiring experience are rapid-growth corporations with outside market investors and an IPO (or a trade sale) as final outcome. According to the European tradition, the public company should be the appropriate form for startups. However, the European public company can be very expensive and less open to contractual freedom with regard to management and internal corporate governance. Company law in many European countries does not offer an appropriate space for startups.
After the 2007-2008 financial crisis, Italy needed to reignite economic growth. In the meantime, Italian startuppers who had worked, come into contact or simply heard of the Silicon Valley model were pushing for the adoption of a vehicle similar to the Delaware corporation. Constrained by, on the one hand, European rules on capital concerning public companies and self-imposed strict rules on statutory auditors and management and, on the other hand, the GmbH tradition of a private company that cannot access public markets nor, in the Italian construction, have outside equity investors but only partner-like quotaholders, the Italian lawmaker, in a curious and totally unexpected turn of events, decided to break with tradition. With a row of reforms that took place from 2012 to 2017, Italy morphed the SRL into a semi-liberal creature that should offer Italian startuppers an instrument to finance their business through venture capital, and allow access to crowdfunding and capital markets. As a result, the SRL can now offer its quotas to the public and issue different classes of quotas, mimicking the different stock classes of venture capital financing. At the same time, the private company maintains some form of flexibility as to management and corporate governance organization.
We show in our paper that this reshaping of the Italian private company has been the product of competitive pressure from US company law, and not of intra-European competition for charters. More specifically, this result has been generated by the forces of economic logic and example, but also and totally unexpectedly by the force of direct Italy/US competition for charters, which is clearly visible with regard to Italian teams that have migrated to the US or to Italian teams that have adopted the 'dual company' scheme, which in startuppers' parlance defines teams that establish a US corporation (usually in Delaware) for accessing venture capital funding and simultaneously maintain an entity in their home jurisdiction with laboratories, research and other operational infrastructures. We have identified a small number of high-profile Italian 'dual companies', which highlights that Italian teams consider both the US and the Italian legal environment when they think about the company formation and access to capital. We have also identified, among Italian SRLs with US quotaholders, many companies that are financed by early stage US VCs. Moreover, we have collected the charters of other Italian startups which are known for being financed by outside investors and have found, as expected, many of the essential features of US VC financing, even though adapted to the persistent constraints of Italian company law. The articles of incorporation of the companies we have selected and analyzed confirm how the SRL model has been moulded by competitive pressure from the US and Delaware in particular.
In our paper we also show how doctrinal discourses tend somehow to limit the impact of the 2012-2017 reforms by deriving implicit limits to the possibility of using the new-SRL as a true enabling corporate form. Those limits are drawn from what remains of the original law of the SRL, from the limits and barriers contained in the law of the public company through reasoning by analogy, and by potential limits that are drawn from the general principles of company law. The interpretation of the new provisions appears still to be subject to the widespread enthusiasm of Italian jurists for the construction of mandatory, paternalistic provisions through doctrinal legal analysis. Accordingly we propose a rule of construction stating that if a provision is not explicitly identified as mandatory, it has to be treated as a default one, allowing the contracting parties to amend it as they wish. This construction rule would be basically the opposite of the famous principle of Satzungsstrenge ('statute stringency': § 23(5) Aktiengesetz) governing the German law of public companies. This intervention would complete the reform and change forever the Italian SRL, making it an enabling instrument for early stage VC deals.
To conclude, our paper shows that European company law is still anchored to last century ideas about growth and economic development. We hope that the Italian experience and our proposals can be of interest to any European country which wants to change company law to make it more amicable to startups.
Paolo Giudici is Professor of Business Law at the Free University of Bolzano-Bozen.
Peter Agstner is Assistant-Professor at the Free University of Bolzano-Bozen.
GCGC/ECGI Global Webinar Series - How to Rescue Startups During the Pandemic
The global startup sector looks back on a decade of rising VC investment and favourable economic conditions. Many new technologies and innovative products were recently launched by startups...
Dorothea Ringe
Wolf-Georg Ringe
Fintech Startups and Incumbent Players Series: The Fourth OBLB Annual Conference Report
The potential of financial technology for innovation and growth is well-established by now. Yet startups often face many regulatory challenges in the early years, obstructing market access. Technology firms and...
Eftim Ancev
Carlo Brunold
Param Pandya
Georgios Pantelias


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Home How To Documentary
Public domain – what's theirs is sometimes yours
Jennifer O'Rourke
When does a Copyright enter the Public Domain? We get this question all the time. We'd love to say, If published after this date add XX number of years, and then its OK to use. But—Heavy Sigh—we're talking legal stuff and legal stuff is never so easy.
Disclaimer: In the old days, many copyright rules only applied to the country the work was registered in. Now that so many pieces of original work can be found on the internet, "The World" can be considered your place of origin. That's hard to police. So for this report, I'm going to stick with rules that pertain to the United States of America. Many of these rules also apply to European copyright issues. Like my sources here, you can find answers pertaining to other countries' rules online.
What is public domain?
Let's first define the properties of the "works" we're talking about. There are several types of works that can fall into the Public Domain category. Works registered or first published in the U.S. or works that have never been published or registered, but are sitting in some attic somewhere. And, yes, this does happen once in a while, much like the old da Vinci found in Grandma's attic myth.
Believe it or not, due to their uniqueness and frailty, more than half of the silent films made back in the early days of filmmaking, no longer exist. Yet, an old unregistered film of Charlie Chaplin, before he was a star, was discovered at an antiques fair recently. The film, A Thief Catcher doesn't star Chaplin, which is why it was unknown. He just plays a bit part in one of the many famous Keystone Cop capers. So who owns this film? Because of its age, the person who bought it from the unsuspecting seller, owns it.
What can you copyright and protect?
Anything that was created by a person in a written, audible, pictorial, graphical nature — art, photos, literature, film/video, etc. — or is a new invention or design, is considered "intellectual property" [IP] and is the property of the creator. You can't patent an original piece of work. Original works are protected by copyright law. Patent laws provide protection to inventions or discoveries. These things are important to understand when it comes to video production and the law.
"Under intellectual property law, owners are granted certain exclusive rights, such as the ability to publish to various markets, license the manufacture and distribution of inventions, and sue in case of unlawful or deceptive copying. Common types of intellectual property rights include copyrights, trademarks, patents, industrial design rights, and trade secrets."
His works — your rights
How would you like to own the Mona Lisa? You can't, of course, she is owned by the people of France, and has a famous home in Paris called The Louvre. But her image has no copyright owner, so you're free to use her in postcards, video or any other creative source. Then YOUR portrayal of the famous smile becomes an intellectual property and YOU own the copyright to that portrayal. (Even if you don't fill out any paperwork.) In other words, if an artist creates a copy of the famous work and makes his or her own additions to it – no matter how badly done – the original Mona Lisa isn't copyrighted, but the new one is.
OK then what IS considered public domain?
Other confusing areas are Creative Commons work and Open Source software. While usually free to use, they are not free to own. These works are protected under copyright law. The owner chooses to allow their free use and can pull the plug of that benevolent gesture any time. In many instances, you can use footage on a creative commons site. The developers may encourage you to pad the coffers, or give you very strict rules of use. For example, you can use a music or video clip for your kid's birthday video, but not for a commercial production.
The Disney company makes billions of dollars using public domain material. Literary classics like The Little Mermaid, The Jungle Book, Peter Pan and stories by The Brothers Grimm are all past their copyright range. They are free to copy. Disney movies created from these classic stories are not. Not surprisingly, Disney know how to protect its properties better than anyone!
I was in a local restaurant recently where the kids' menu had Disney characters dancing all over it. The menu displayed The Princess and the Frog, Beauty and the Beast and more. The owners had pulled images from the internet and were in direct copyright violation. I mentioned this to the restaurant owner and she looked at me like I was speaking a foreign language.
Ahhhh… the waters get muddier by the second. Fair Use is a gray area. It's defined to allow users to use copyrighted material for parody, criticism, news reporting, education, research and few technical purposes. For example, an image of the Mona Lisa, created by an artist other than DiVinci, belongs to the artist who created them. The media discovers that artist is using the image as part of a scam. The news outlets are protected when they display the image on television and the web.
You might have noticed that Videomaker created a video series called Deconstructing Cinematography, where we used clips from such well-known movies as The Godfather, Saving Private Ryan, and Butch Cassidy and the Sundance Kid . Videomaker is a commercial business, how were we able to use these movie clips? Because we are offering up some examples to teach viewers how specific movie-making techniques were made and we aren't, changing their original purpose, re-editing the pieces, or giving away important plot points.
Confusing? You bet'cha!
Here's more: playing an old song from a piece of Baroque sheet music from the 1600s is ok, because it's clearly old enough to be in the public domain. If Justin Bieber records a tune from that sheet music, he now owns copyright; not to that sheet music but to his version of the tune.
Then what CAN you use?
OK. Old paintings and old sheet music aside, how can public domain benefit a video producer? Except for those old silent movies, our media isn't that old, so what can we use? Well, a lot more than you think, depending on what you're using it for. For example, almost anything created by the U.S. Government can be used by the citizens of the U.S. because we the people own the U.S. government, thus we own its intellectual property. I saw "almost", because there are some cases where photos, video, music or other creative works might have been created by a contractor to the government, like some NASA images, and those follow the usual copyright rules. In that case, NASA might display them, distribute them and archive them, but they belong to the original creator of the work.
Those that slipped through the public domain cracks
Recently Videomaker forums host Gregory Watts found this site and posted it to our forums. He says many of the movies and TV shows in the list are no longer under copyright protection. It wasn't common to protect copyrights on many pre-1974 TV shows. One big example he cites is the annual Christmas tear-jerker, It's a Wonderful Life. Frank Capra directed the film that stars James Stewart.
How long can one hold the copyright?
A good guide from Cornell University explains a lot of the rules of when a work goes into the public domain. Below is a brief breakdown of some of the points:
Never Published, Never Registered Works: If a product from authors who died BEFORE 1942 and was never published, the copyright runs until 70 years after the author's death. In other words, if you want to use old home-movie film made by silent film star Rudolph Valentino, who died in 1926 and was never registered, that footage would be in the public domain as of 1996.
Type of Work: Copyright Term – What was in the public domain in the U.S. as of 1 January 2012
Unpublished works: Life of the author + 70 years – Works from authors who died before 1942
Anonymous and pseudonymous unpublished works, and works made for hire (corporate authorship): 120 years from date of creation – Works created before 1892
Unpublished works when the death date of the author is not known: 120 years from date of creation – Works created before 1892
Works no longer protected are out there.
The Center for the Study of the Public Domain has been following the changes in copyright law. They report: "The public domain has been dramatically eroded in recent years… By some estimates, 90% of works did not include this copyright notice and immediately entered the public domain… before 1978, only 10% of works might have been subject to copyright at all, and of the works that were, up to 85% only used the first 28-year term, with 15% renewing for the full 56-year term."
Every day sites are adding up the footage. You'll find everything from old World War II battle scenes to movies and shows that fell off the radar. They're out there – you just have to search for them. Do us a favor, when you find a good site, let us know and we'll add it to our growing list!
http://web.law.duke.edu/cspd/publicdomainday/2012/faqs
http://www.videomaker.com/community/videonews/2009/07/5089-free-free-freepublic-domain-footage/ Center for the Study of the Public Domain
http://web.law.duke.edu/cspd/
Jennifer O'Rourke is an Emmy award-winning videographer & editor.
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hal9000 September 12, 2012 At 2:44 PM
Although no one owns the rights to "It's a Wonderful Life" and hasn't for a long time, someone, a business I believe, found out a few years back that they own the rights to the music in that movie, which is why every TV station in the country no longer shows it around Christmas, except for NBC who has paid a fee for the exclusive rights to air it. Even the big guys should tread lightly in this arena.
VideoChick September 13, 2012 At 7:34 AM
Interesting point, William, and another reason to keep tabs on what you're using. As I mentioned about the baroque music, if someone took that old sheet music and re-arranged it, they owned it and if you were going to use that tune, you had to go back to the old 1600s version, not the recent one.
I remember reading a reason the old WKRP TV series has difficulties getting into the syndicated circuit is not the show but the music. I could be wrong, but i recall the story saying that parts of some segments had current pop songs of the era that the copyright owners won't sell so the show's syndicators tried to insert royalty-free tunes over the old classics, but in some scenes it was impossible to cover due to vocal interactions… or something.


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Zach Carter | Why Are Unemployment Benefits a Major Political Fight? (3)
Zach Carter,
The Media Consortium | News Analysis
Congress finally authorized an extension of unemployment benefits on Wednesday, providing a critical lifeline to families across the country and an absolutely essential boost to the economy.
But with the jobless rate hovering near 10 percent, minimum measures like unemployment benefits shouldn't be a source of controversy. Lawmakers should be debating big-picture jobs packages to get people back to work, not drips and drabs that keep a worst-case-scenario from getting unbearable.
As Annie Lowrey notes for the Iowa Independent, Senate Republicans blocked the unemployment benefits bill for two months, causing benefits to lapse for 2.6 million Americans. That's a humanitarian outrage. When people don't have access to this minimal support, they can't pay bills or feed their kids. There is no excuse for anyone in a position of power to cut off access to such basic social necessities. So what's the hold up?
It's a mix of talking points and public misconception. Conservatives have been demonizing the unemployed and using erroneous claims about the federal budget deficit as an excuse to block unemployment benefits, and that narrative has been reinforced by President Barack Obama's handling of the public debate over the economic stimulus package approved in February 2009.
Unemployment Benefits = Economic Stimulus
In addition to the humanitarian imperative, there's a broader economic case for extending unemployment benefits. When people are out of work, they can't spend money. If people don't spend money, businesses can't sell anything. And if businesses can't sell anything, they have to lay off more workers. Putting money in the pockets of the unemployed isn't just a humanitarian necessity—it also prevents layoffs and creates jobs.
But you wouldn't know it from the economically illiterate nonsense that conservatives have been spewing during the unemployment benefits debate. Writing for The Nation, Robert Scheer quotes prominent conservative intellectual Niall Ferguson. Here's Ferguson's vile diatribe blaming lazy, unemployed people for the recession:
"If you pay people to do nothing, they'll find themselves doing nothing for very long periods of time. Long-term unemployment is at an all-time high in the United States, and it is a direct consequence of a misconceived public policy."
$293 a week
Ferguson actually said that. He really believes that a major reason why unemployment is so high is because the United States pays out unemployment benefits, and that jobs would just miraculously be created if we stopped supporting the people hit hardest by the recession. And as Seth Freed Wessler emphasizes for ColorLines, Republican politicians repeatedly parroted this nonsense argument again as they attempted to block the unemployment benefits legislation.
Wessler notes that the average unemployment benefits package comes to just $293 per week. People like to feel like they have contributed meaningfully to society and be rewarded with an honest day's pay. They do not choose to live in squalor out of laziness, as much as Ferguson might wish that were the case.
Preventing more public-sector layoffs
The economy has shed 8 million jobs since the Wall Street crash. Our job woes are a direct result of recklessness in the upper echelons of the financial sector—lazy workers did not create the recession, and they are not prolonging it.
Given the enormity of lost jobs, you'd think politicians would be considering robust programs to put people back to work—hundreds of billions of dollars in jobs programs, rather than a $30 billion extension of unemployment checks.
As Danny Schechter details for GRITtv, the economy is facing a host of major hurdles that hit families hardest. In addition to epic joblessness, we're also facing record foreclosure numbers and state budgets that are stretched beyond the breaking point. The state situation is dire. Without federal aid, states will be forced to lay off 900,000 public employees in the coming months.
That's what makes the jobs debate so crazy. There are easy ways to prevent layoffs and create jobs right now. A quick injection of cash into state governments would have an immediate stabilizing effect. The government can't bring the unemployment rate down to 5 percent overnight, but it can keep things from getting worse and start bringing the rate down.
Don't blame the deficit
But, as Lowrey notes, some conservatives are not blaming the unemployed, but harping on the deficit, claiming that they're all for benefits, they just want them to be paid for.
This is a disingenuous excuse for inaction. The conservative deficit-talk is totally misleading, and it's the wrong way to deal with deficits. Since Republicans have been universally opposed to all tax increases, demanding that unemployment benefits be paid for means pulling spending out of other programs, which means cutting jobs in other areas (slashing the defense budget probably wouldn't hurt the jobs picture, but good luck getting a Republican to vote for it).
The U.S. doesn't have a deficit problem. If it did, investors would be demanding a very high interest rate on U.S. Treasury bonds. But in fact, the interest rate on those bonds is at record lows. If the U.S. did have a deficit problem, however, sabotaging jobs and growth would be a lousy way to fix it. Consider Ireland. The country had a vastly larger deficit than that faced by the U.S., and implemented draconian austerity programs. Those spending cuts hit economic growth so hard that the nation's deficit problem actually got worse, so much worse that the rating agency Moody's just downgraded Ireland's debt.
If the U.S. wants to deal with deficit issues, it should address big long-term structural issues, like the enormous defense budget, extremely generous tax rates for the wealthy and the rising cost of health care. It makes zero economic sense to be attacking jobs in the name of the deficit, when doing so only makes the deficit larger.
What about that economic stimulus package?
So why can't we get a decent jobs package? As Steve Benen notes for The Washington Monthly, much of the public uneasiness stems from misunderstandings about how the economic stimulus package passed in February 2009 worked.
The stimulus was very much a success—it kept the unemployment rate from reaching 12 percent or higher. But it was also much too small, in part because the Obama administration underestimated the severity of the recession, but mostly because Republicans created ludicrous political hurdles for the package, forcing it to shrink. Unfortunately, with unemployment still out of control, many in the public believe the stimulus didn't actually stimulate. That's the wrong lesson to learn. As Benen puts it:
"Imagine there's a massive, dangerous fire. Those responsible for the blaze insist that some lighter fluid should take care of the problem, while the fire department recommends water. Forced to compromise, the fire department uses less water than is needed, and the blaze is only partially contained."
It's about time Congress got around to extending unemployment benefits. But in the face of the longest and most severe jobs crisis since the Great Depression, much stronger action on jobs is needed, and soon.
This post features links to the best independent, progressive reporting about the economy by members of The Media Consortium. It is free to reprint. Visit the Audit for a complete list of articles on economic issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Mulch, The Pulse and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.
Zach Carter


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Home Dinosaur Palaeobiologists have identified another new species of pterosaur
Palaeobiologists have identified another new species of pterosaur
Fourth new pterosaur discovery in matter of weeks
Image shows artwork of the Afrotapejara zouhrii. Credit: Megan Jacobs, Baylor University, Texas
You wait ages for a pterosaur and then four come along at once.
Hot on the heels of a recent paper discovering three new species of pterosaur, University of Portsmouth palaeobiologists have identified another new species—the first of its kind to be found on African soil.
Pterosaurs are the less well-known cousins of dinosaurs. They had adept flying ability—some as large as a fighter jet and others as small as a model aeroplane.
The new species belongs to a group of pterosaurs called tapejarids from the Cretaceous period. Tapejarids were small to medium-sized pterosaurs with wingspans perhaps as wide as four metres, most of which had large, broad crests sweeping up from the front of the skull.
They are well known in Brazil and China, and specimens have also been discovered in Europe, but this is the first time the flying reptile has been found in Africa.
It differs from the three recent species discovered as this one had no teeth—it was 'edentulous'.
Professor David Martill, from the University's School of the Environment, Geography and Geosciences, led the study. He said: "The study of Moroccan material shows that we are still far from having found all the paleontological treasures of North Africa. Even fragmentary fossils, like the jaw piece of the new pterosaur, can give us important information about the biodiversity of the past."
Ph.D. student Roy Smith, one of the co-authors, said: "I feel very privileged to be part of such an exciting discovery. Working in the Sahara was a life-changing experience, and discovering a new species of pterosaur is the icing on the cake."
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The new pterosaur has been named Afrotapejara zouhrii to honour the Moroccan palaeontologist Professor Samir Zouhri. Originally a mammal specialist, Zouhri also contributed to several discoveries of prehistoric reptiles in Morocco, including dinosaurs and pterosaurs.
Professor Martill said: "The opportunity to illuminate the diversity of pterosaurs in Africa while honouring a colleague does not happen every day."
The research team included Dr. David Unwin from the University of Leicester and Dr. Nizar Ibrahim from the University of Detroit Mercy.
Palaeontologist Dr. Ibrahim, said: "Samir Zouhri has played an important role in the development of Moroccan palaeontology, not only through his publications, but also because he organised scientific conferences in Morocco and edited an entire volume for the Geological Society of France on the subject of vertebrate palaeontology in Morocco."
The fossil material is part of the collections of the Faculty of Sciences Aïn Chock, Casablanca Hassan II University and the paper was published in Cretaceous Research.
David M. Martill et al, A new tapejarid (Pterosauria, Azhdarchoidea) from the mid-Cretaceous Kem Kem beds of Takmout, southern Morocco, Cretaceous Research (2020). DOI: 10.1016/j.cretres.2020.104424
Note: The above post is reprinted from materials provided by University of Portsmouth.
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