This paper was written as a background note for a meeting of the Ford Foundation's New Directions/New Donors program organized by the Nonprofit Finance Fund in New York in May 2002.
This paper seeks to argue two broad points about the role of risk in arts organizations today.
Second, by not addressing explicitly the need to protect their capacity to take risks, arts organizations are often more rash than they need to be because they are less organizationally aware than might reasonably be expected about the nature of the risks that they take, their interactions, and the options available for their mitigation.
In the second section of this paper, some observations are made about the current sense of adversity felt by many arts organizations, particularly post September 11, and it is argued that much of this, whilst very real, is generated by the internal dynamics of arts organizations rather than the external environment. The third section seeks to explore further the conundrum of adversity experienced in a period of historic prosperity and stability and to suggest that a significant cause is the need to grapple with multiple and conflicting goals. In the conclusion some remedies are tentatively sketched out. The remainder of this section explores the premises of the argument.
In most respects, arts organizations are no different from any other social organism in their need to manage the consequences of taking risks if they are to survive and thrive. However, they have some attributes that make their relationship to risk both distinctive and complex, and they have adopted some responsibilities and modus operandi that make the effective management of risk more challenging than it would otherwise be.
The need to take risks is at or near the heart of any cultural organization. An on-going commitment to experimentation and to development is a defining characteristic of artistic endeavor – irrespective of the ultimate aesthetic merit, critical reception, social value, or commercial success or failure of the product of that endeavor. Artistic expression, like scientific research, involves, indeed necessitates, innovation whether in medium or message.
Artistic risks are risks taken for artistic reasons – distinctive in motivation but not in manifestation. Artistic rewards are, on the other hand, distinct manifestation. This asymmetry is important and often misunderstood. The impact of taking artisticallymotivated risks may be financial ('it may bomb at the box office'); critical ('and even those few critics we rate may hate it'); organizational ('and its going to stress our organization out to pull it off'); or personal ('and if it does bomb, and get panned, and stress out our colleagues, we in turn are probably going to be sacked…'). The term 'artistic' does not therefore define the nature of a given risk, or indeed its scale – its impact maybe anywhere on the relevant calibration from the barely discernable wobble to the apocalyptic crash. Therefore, to try to find some distinctive species of risk – as opposed to the motive for taking it – that has artistic attributes is what philosophers call a 'category error'.
Artistic risk is not therefore quite the mysterious 'black box' that it is sometimes presented as being. The risk stemming from an artistically motivated decision is as open to rational analysis and measurement as are the consequences of risks taken for any other reasons, including commercial gain. However, it is the reward of successful artistic risk-taking – the potential upside return of success – that often proves more difficult to articulate in the vocabulary that arts organizations have adopted in their public descriptions. The language with which the ultimate justification of artistic risk is made is often curiously unsatisfactory, self-conscious and opaque and it is a vulnerability of those who seek to take or to champion artistically motivated risks more generally that so much of the rationale through which the case needs to be made adopts the vocabulary of other disciplines (such as that of economic impact or the generation of social capital) rather than the language of artistic value.
Indeed, unless the inevitable asymmetry between the way in which we measure artistic risk and artistic reward is better addressed in public discourse and there is a more generally understood vocabulary in which to discuss the rewards stemming from artistic risk, it is difficult to see artistic motives as anything other than seriously and increasingly disadvantaged in most dialogues about the allocation of resources. An arts organization that gives a low priority to artistically motivated risk-taking may seem like an oxymoron, but it may also be the inexorable result of incremental decision making in which artistic rewards (as opposed to risks) go uncounted or unweighed other than through the sheer force of personality and organizational weight of an incumbent artistic director.
The evolution of sophisticated and complex means or tools for the realization of these goals include such skills and disciplines as arts marketing and development, brand positioning, the harnessing of interactive technology and the management of complex relationships with an increasingly diverse and well articulated array of stakeholders – that is, those with a perceived interest in the activities of the organization in question.
All these 'drivers', to use the jargon of management science, and their complex interactions represent multi-layered and unpredictable sources of risk and failure. Small changes in the external environment can therefore have a significant impact.
Given the intimate relationship arts organizations have with risk, one might also expect them to be particularly engaged by issues relating to its successful management and, above all, vigilant in their protection of their continued ability to take risks. However, many of the broader responsibilities that arts organizations have taken to their crowded hearts, for a range of motives from the mercenary to the idealistic, have themselves clogged their organizational arteries. This has made discretionary risk-taking, whatever the motive, more difficult as the execution of these added responsibilities interacts with environmental changes, of which the aftermath of September 11 is one of the most obvious.
The title – and theme – for the meeting was decided shortly after the terrorist attacks of September 11, 2001 and it is probably as well to try to address this head on. 'Adversity' is, in this context, short-hand for the cumulative impact on America's cultural organizations not of the immediate tragedy of the lives lost in the attacks, or the immediate physical impact on New York and Washington, but of a cluster of wider repercussions that were felt throughout the world and appeared to change at least some of the context in which cultural institutions operate. In this section, four distinct sets of repercussions are identified and their broad implications assessed.
The first repercussion is simply the disturbing impact on the national psyche of the unprecedented affront of a hostile act of war successfully perpetrated on the American mainland, preceded as it was by the cumulative and adverse impact of the burst of the high tech bubble and the stock market crash of 2000, and followed by the anthrax scare and the war in Afghanistan. Cumulatively, they have shaken the instinctive conviction of many Americans that they operate in a world of continuous incremental improvement.
America's desire to act unilaterally in pursuit of its interests despite the fragile nature and complex composition of the anti-terrorist coalition of its political allies.
The heightened sense of danger abroad is combined with unease amongst many Americans that, pending contrary evidence, the attacks may have been the opening salvos in a protracted, sporadic and unpredictable conflict in which those very freedoms that are central to the polity – freedoms of speech, movement and assembly – may themselves represent a vulnerability in the nation's defenses. Their protection may, paradoxically, require their curtailment.
The third repercussion of the attack is the context that it has created for critical reflection on the enduring conflicts of 'core values' in a world where history itself – in the sense of a dialectic of conflict between incompatible and mutually hostile ideologies – had been widely touted by authors such as Francis Fukuyama as 'ended' by the total moral and de facto ascendancy of consumer-oriented liberal market democracy. The attacks have been thought by many to constitute a sort of extreme wake up call to the notion that certain core values held dear by most American citizens are seen by significant minorities of the world's population as either the selfjustificatory cant of the affluent or in themselves morally debauched and socially corrosive.
Finally, there is the fallout for the arts. In all the uncertainty generated by both the acts of terrorism themselves and the wider ramifications outlined above, it is feared that the personal and philanthropic priorities of arts organizations' stakeholders (audiences, public and private funders etc.) may experience a fundamental reordering in a way that adversely affects their continued support – specifically, by their wanting to see or hear less of these organizations and by their wanting to spend discretionary philanthropic dollars elsewhere.
Seven months later, some but by no means all of the relevant smoke has cleared, so any reckoning of whether these fears are justified is still tentative. Nevertheless, here are five observations.
First, despite a broadening range of views on the legitimacy and effectiveness of the United States' policy of overt war on terrorism, promulgated in response to the attack, there is general agreement that the policy has the potential to draw the country into armed conflict over a very wide geographical area throughout the Middle East, South America, Asia and possibly a number of ex-Soviet states. The geo-political situation remains dangerous and unpredictable. No broadly stable 'system' has replaced the uneasy stalemate of the Cold War, and the ramifications of this vacuum, combined with America's status as the only remaining super-power, are increasingly apparent. The nearest thing to a new world order is globalized consumer capitalism a l'Amercaine, to which the terrorist attacks are in some ways a reaction alongside, for example, the protests that have accompanied meetings of such bodies as the World Economic Forum in recent years.
Meanwhile, at home, the longer-term national agenda for 'homelands security' and its impact on fundamental freedoms are still unclear. Those concerned with civil liberties have highlighted the plight of individuals with minor infractions or tangential transgressions in their residency paperwork and of those caught up in general 'sweeps'. Air travelers experience a degree of inconvenience. The American government is at pains to warn citizens periodically that there are unspecified risks of further terrorist attacks, although none have yet materialized.
Second, the issue of America's contested place in the world order remains near the surface of a national psyche that is generally fairly self-regarding and self-confident. Whilst normal life has returned, there is a low-level awareness amongst most Americans that the attack underscored both the privileged place of America in the world and the hostilities that those privileges and their protection can generate. There is a wide range of views as to the legitimacy of this hostility and therefore of the appropriateness of adjustments to public policy or private values to accommodate or address that hostility – that is, the appropriateness of addressing its social, political and economic roots rather than its extreme physical manifestations in acts of terrorism. An on-going national debate about these issues is manifest not simply in op-ed pieces in up-market newspapers and the staged table-talk of the chattering classes, but also in spontaneous discussions between strangers, within families and at the workplace.
Third, as a result, the attack represented for a significant number of people a context for reappraisal of aspects of their personal and professional lives. This is manifest in, for example, the discernable trend in searches for more meaningful employment and a better balance between work and home noted by executive search companies. Even publications as generally hard-boiled as the Harvard Business Review (April 2002) are running articles on trauma counseling and on the impact of the attack on professional and personal goals of senior executives.
Fourth, the worst fears of its impact on the arts have not materialized. The appetite for air-travel and tourism have taken a hit, with overseas tourists staying away from the States, particularly Japanese tourists. The most recent figures suggest, for example, that New York museums' visitor numbers remain down some 20%, almost wholly attributed to a decline in overseas and 'long-distance' tourists (The New York Times, April 24). The attacks dampened both arts attendance and voluntary contributions severely in the short term. But there is no evidence of a longer-term impact on either of these beyond the impact on overseas or long distance tourism. The impact on arts organizations of reduced endowments, and reduced foundation giving as a result, stems from the longer-term decline in stock market values, which bottomed following the 7% drop when the markets reopened after the attacks and appears to have stabilized.
The New York Times reported (March 12) that "New York City's major theaters and museums, which suffered a devastating drop in attendance after Sept. 11 have rebounded so strongly that several of them are reaching or exceeding pre-attack attendance predictions and even doing better than they were a year ago… [A]ttendance at the Metropolitan Museum of Art is heavier on weekends than it was last year this time. For the week ended Sunday, Broadway set box office records for this year with revenues up 18 percent and attendance up 6 percent over the same week last year." Two weeks later, Newsweek reported that Broadway has "given back a bit of what it got from the City of New York to help the theaters after the Sept. 11 attacks on the World Trade Center – and the money will go to other needy organizations. The League of American Theatres and Producers returned $1 million of a $2.5 million stipend given last fall by the city to 11 Broadway shows that were facing the prospect of a bleak winter."
And the further one moves from New York, the less noticeable the impact on attendance and contributions. Studies by AMS Planning and Research Corporation of the impact on the performing arts nationally and by the Center for an Urban Future on all arts organizations in New York both showed a dramatic impact in the six weeks after the attacks. By March of this year, however, putting aside one-off losses, the lasting impact was significantly less noticeable. Separately, a survey of 134 large, medium and small art museums conducted last month by the Association of Art Museum Directors showed that 80% of them report current attendance to be the same or higher than it was before September 11.
Fifth, the impact of the attack on civic engagement may actually have been positive. Robert Putnam, the generally lugubrious chronicler of the decline of voluntary organizations that are the social glue that binds civic life, has recorded a significant reversal in the trend of 'civic privatism' since September 11. We are, he notes, starting to 'Bowl Together' again in response to external threat.
"During the summer and fall of 2000, my colleagues and I conducted a nationwide survey of civic attitudes and behaviors, asking about everything from voting to choral singing, newspaper readership to interracial marriage. Recently, we returned to many of the same people and posed the same questions. ….Emerging from the immediate trauma of unspeakable death and destruction, these 500 Americans were adjusting to a changed world and a changed nation.
Seven months on, then, and compared with many periods of history, including some of phenomenal artistic creativity, 'adversity' may sound a little over-blown as a description when placed in a broader context.
In our own times alone, writers such as Vaclav Havel, Norman Manea, and Czeslaw Milosz have all analyzed incisively the fundamental urge to take risks either to create or experience art during periods of the political repression endured in Eastern Europe between 1945 and the fall of the Berlin Wall in 1990. Shostakovitch and Prokoviev composed great works in absurdly compromised circumstances, and recent Chinese writers like Gao Xingjian (Soul Mountain) and Dai Sijie (Balzac and the Little Chinese Seamstress) have turned their own experiences of taking risks for, respectively, the production and consumption of art and literature during the Cultural Revolution into compelling fiction. A recent copy of the American Symphony Orchestra League's magazine Symphony contains a harrowing account of the mortal risks that were taken in death camps to produce and perform Verdi's Requiem and the profound motivations for taking those risks. We could all triple this list in minutes, from the appalling and prolonged armed aggression of Renaissance Italian City States all the way to the present moment. "Taking Risks in Times of Relative and Qualified Uncertainty" has a little less panache to it as a title, but it may be more accurate in describing current conditions.
Here then is an important conundrum at the heart of arts management. Arts leaders readily acknowledge the continued prosperity and broad historic stability of their operating environment, but these objective facts are at odds with – indeed are flatly contradicted by – their visceral sense of the challenges faced in keeping the show on the road. And the difficulties they experience tend to diminish both their capacity to take risks and their appetite for those risks, given the organizational consequences. They experience, in effect, a disjunction between the safe 'facts' of relative domestic peace and prosperity and the often-fraught reality of their modus operandi.
This odd condition stems from the simple fact that both are true. However, unlike the victim of clinical depression or anxiety, where the root cause of cognitive dissonance is in some chemical imbalance causing the emotional and the objective (or socially constructed) realities to drift apart, the causes of the dissonance we experience between life inside and life outside our institutions are financial and organizational rather than pharmo-psychological. These causes and their implications are explored below, and the concluding section suggests ways in which more aggressive and conscious management of their effects may be required if arts organizations are to protect their core obligations.
3. Diseases of the Rich?
In both the United States and Europe, the discipline of political science in the 1970s was filled with erudite theses on 'ungovernability'. The basic line of argument was that democracies were growing inexorably more difficult to govern for lots of complicated reasons that no one could do anything about. Western civilization was going to hell in a hand-basket driven by the plebiscitary impulses of politicians who were prepared to debauch the currency to win over an electorate whose desire was simply to maximize its own short-term gain. Commentators from left and right had different spins on the argument, but the determinist thesis of inexorable decline was as widespread as it was, it turned out, wrong.
These stresses are compounded by rapid environmental changes caused by globalization, technology, pressures on leisure time, demographic changes etc. etc.
Many of the organizational and physical means required to dispatch the newer, more instrumental ends that arts organizations pursue are themselves often inimical to risk-taking. The inclusive, often cumbersome, structures of governance; the generally consensual and process-heavy nature of the managerial paradigm that has become received wisdom for non-profit management in the United States; and the rapacious demands of planning, constructing, occupying and maintaining high profile civic buildings (a.k.a. the edifice complex) all militate against the maneuverability and entrepreneurial opportunism that is the breeding ground of artistic innovation – and indeed of commercial success.
These are reasons, the argument might run, that so many arts organizations are challenged in finding the audiences they crave, the creativity in production and presentation that their missions mandate, and the culture of experimentation and tolerance to failure that the creative process requires. Indeed some arts organizations are, perhaps, morphing into something else: hybrid agencies geared up to support complex, broad-based social agendas. The risk is that the exigencies of financial survival and the level of activity at which these organizations aspire to operate requires the adoption of roles and responsibilities that threaten to snuff out their informing creative impulses.
A recent overview of the history and philosophy of the community cultural development movement provides an interesting contrast. The movement is no less 'instrumental' in its uses of culture but has a much more obviously conflicted relationship with the status quo.
"Although projects may yield products of great skill and power (such as murals, videos, plays and dances), the process of awakening to cultural meanings and mastering cultural tools to express and communicate them is always primary. To be most effective, projects must be open ended, leaving the content and focus to be determined by participants. "Action research" – whereby the direction of a project is focused through experimentation with different approaches to gathering relevant material, each producing new learning – is a key element to community cultural development work. Social and cultural creativity are paramount. Freedom to experiment and even to fail is essential to the process.
"Attempts to make projects conform to predetermined models remove them from the category of authentic community cultural development."
Notwithstanding its outsider status, there is much in the community cultural development field that more securely established arts organizations aspire to adopt. The rhetoric of social engagement adopted by better-established organizations often appears cut and pasted from the manifestos of more activist peers. But then, in contexts such as fundraising pitches to corporate sponsors, the rhetoric looks cut and pasted from the brand management guidelines of the most sophisticated advertising agencies.
The danger, of course, is that cultural institutions, in embracing the scale and complexity of tasks that are in principle open to them, risk losing sight of the one thing for which they alone are responsible – providing a context in which risks informed by artistic motives can be taken.
Like its 1970s poli-sci equivalent, the arts management 'un-governability' thesis – the idea that the complex demands and scarce funding that most arts organizations face make effective management increasingly difficult, if not impossible – overlooks one important factor: that the successful leaders of arts organizations, like the politicians they have to be, do have choices about the priorities they pursue. They are not simply the victims of circumstance in which the capacity to exercise risk has evaporated under the heat of socio-economic forces that they are powerless to influence.
Many of the difficulties experienced in 'taking risks in times of adversity' result from having made choices about institutional agendas and priorities that either consciously downgrade the organizational priority afforded to artistic risk or, alternatively, unconsciously encourage the adoption of agendas or modus operandi that make it difficult to localize risk and hence to take it.
Here, unfortunately, it is necessary to lapse into the snappy lists that alienate most discerning readers of management literature, irrespective of the insights it may offer: "The seven habits of highly effective companies" / "The five essential truths of leadership" / "What the ambitious CEO can learn from Sun Tzu's Art of War," etc. etc.
An organization that wishes to extend its capacity to take risks will manifest at least three distinctive traits, and an organization that is indifferent to risk will not manifest these traits and may manifest the opposite traits.
An equal interest in its own organizational dynamics: the causal relationships that link programs, financial capacity and organizational capacity – the 'iron triangle' – that are different for all organizations in their details but that, if ignored, will always prevent an organization from realizing its potential because it is being dragged down by an inappropriate management or capital structure.
In the private sector, 'maximizing rate of return on capital' defines the first of these traits—it is the ultimate goal or mission, and the organization's interest in the other two are driven by this. In nonprofit cultural organizations, life is more complicated. Mission statements can as easily disguise as illuminate core purposes. Even when simplified and clearly stated, those purposes are usually still multiple and nuanced, and the promotion of artistic endeavor may – or may not – be first among equals. In any event it rarely stands alone.
The technical literature on the mitigation and management of risk is extensive and occasionally illuminating – although much of it assumes there are numerical values that can be deduced, which makes it difficult to apply in the often-qualitative world in which arts organizations operate. However, the literature can only make sense in the context of an organization that manifests these three characteristics. Without them, there is no purchase, no context, for risk management.
There is a fairly compelling – and increasingly fashionable – explanatory framework that is found under the rubric of 'socio-biology' and that searches for the roots of much of human endeavor in systemic risk avoidance. Many of our more fundamental social mores, legal codes and public institutions are informed, the argument runs, by the instinct to reduce risk through collective action, and the 'thin veneer of civilization' comprises, for the most part, risk successfully mitigated through the construction of social institutions and conventions.
One can go further. The psychological weight we bear from the irreducible, untransferable rump of risk that we cannot avoid constitutes, broadly, the human condition. It is the human condition both to be continuously at risk from loss or harm or entropic decay and for some subset of that inalienable rump of risk to present itself in the form of choices – areas over which we can exercise, with widely varying skill and luck, a degree of free will. The debate about the precise proportion of inalienable risk over which we can in fact exercise meaningful choices, as opposed to just fooling ourselves that we are exercising it, is at the very core of philosophical debate about the balance in our lives between the role of free-will and the constraints of social, economic or genetic determinism.
Where risk and reward are more or less equal, then either agonize ineffectually or be arbitrarily decisive, depending on temperament (if you are an individual) or structure and culture (if you are an organization).
Where we seek objective evidence, however quantified or qualified, for the probabilities that we insert in these calculations, then we describe the risk taken as rational. On the occasions where, having sought to inform our decisions, we are successful in finding relevant evidence that we can bring to bear, then we describe the risk as rational and informed. Where we have not sought evidence, we describe the risk taken as rash. Economists, for whom the calculus of informed choice is a cornerstone, have further sought to distinguish between calculable 'risk' and incalculable, unknowable 'uncertainty', a refinement that is sometimes useful in weighing the odds.
Some of the informed judgments we reach as to whether a given risk is worth taking are arrived at through the application of common – i.e., communal – sense; others are (or would be if their grounds were laid bare) finely balanced and vigorously contested; some judgments – usually those of a financial nature – are arrived at analytically through the application of sophisticated tools such as probability theory; yet others are reached viscerally – gut instincts – and intuitively, and their rationale is not readily articulated in words or numbers. Our tolerance to risk also varies: the more entrepreneurial we are, whether as individuals, organizations or societies, the more willing we are to trade high risks for high rewards.
Arts organizations, like other social and physical organisms, exist in space and more important in this context, through time; therefore they, too, find themselves in this existential fulcrum of risk and choice. Their capacity to exercise meaningful choices when presented with risk varies. They can have more or less organizational autonomy (the collective manifestation of free will) depending upon the crush of environmental and organizational factors noted above. There is also a wide variation in the extent of their understanding or awareness of the consequences of the risks they take – their choices can be rational, informed or rash; and their tolerance to known and understood risk varies – they can be more, or less, entrepreneurial.
The price of freedom, in Thomas Jefferson's famous dictum, is eternal vigilance. Perhaps some arts organizations have been less vigilant than they might have been in understanding the character of the threats to their freedom and the centrality of organizational autonomy to their mission. This is unsurprising given the siren song of programmatic and physical expansion and the gratifying thrill of invitations to the civic table. But this restricted existence is neither inevitable nor irreversible.
(1) The paper reflects conversations with a number of participants in the program over the past few weeks. I am particularly indebted to: Michael Gennaro, Larry Goldman, Louis Grachos, Anne Hawley, Arthur Jacobus, Gail Kalver, Arnie Malina, Lynda Myers and Andrea Rogers, and my colleague Joe Hill. The insights are theirs and the wild generalizations mine.
(2) See, most recently, Marjorie Schwarzer, 'Turnover at the Top: Are Directors Burning Out,' Museum News, May / June 2002. See also Adrian Ellis, The Context for Culture Now, J Paul Getty Trust, November 2001.
(3) Robert D. Putnam, "Bowling Together," The American Prospect, February 2002.
(4) This and the following citation are taken from Don Adams and Arlene Goldbard, Creative Community: The Art of Cultural Development, Rockefeller Foundation, 2001.


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Data and privacy >
Unmeritorious privacy claim dismissed as attempted extortion.
A privacy claim brought by an ex-business associate of Lord Sebastian Coe in relation to an Evening Standard article which published leaked business emails was dismissed on Tuesday by the High Court.
Mr Justice Tugendhat's judgment rejected the claim in the most clear and scathing of terms. He found that the business associate in question, a Mr Peter Abbey: 1) had no reasonable expectation of privacy in relation to the information complained of; 2) that, in any event, the article was published in the public interest and 3) that the claim was an abuse of the court process and an attempt at extortion.
The Claimant has not asked the court for permission to appeal. The judgment can be accessed here: Peter Abbey v (1) Andrew Gilligan and (2) Associated Newspapers Ltd.
The Claimant is a business consultant with a chequered business history. He helps companies attract investors and raise finance and has, over the years, been linked as either a director or a consultant to various different business initiatives. He has had mixed success and has, as a result, featured frequently in Private Eye as being an individual connected to a number of failed and bankrupt businesses. He is currently subject to an Individual Voluntary Arrangement. Yet despite his controversial commercial record, the Claimant was someone who Lord Coe chose to go into business with in March 2005 when he allowed him to assist in the formation of a company called Sebastian Coe Limited. This company was set up for the provision of speakers, product endorsements and consultancy advice on sports related activities. As the judgment states, Lord Coe is well known: a winner of Olympic Gold medals, a former member of Parliament and a very well-known figure in public life.
On 6 July 2005 London was selected as the host for the 2012 Olympic Games. Three weeks later, on 22 July 2005, Lord Coe and the Claimant set up a company which later became the Complete Leisure Group or "CLG". On 3 October 2005 Lord Coe was appointed Chairman of LOCOG (the organising committee set up to stage the 2012 London Olympic and Paralympic Games). In November 2005 CLG agreed to acquire Sebastian Coe Limited and with it the services, image and intellectual property rights of Lord Coe for a period of 40 years or until his death.
On 8 November 2005 CLG announced its proposal to raise up to £1m by the sale of up to 1 million Ordinary Shares at £1 each. Various individuals took up this subscription and invested in CLG. These investors were no doubt attracted to a company whose objective was to profit from the heightened image and popularity of Lord Coe. The investors had been led to believe that the company was due to float on the Alternative Investment Market and hoped that this would increase the value of their shareholding significantly. Many of the investors were introduced to CLG by the Claimant in his capacity as consultant to CLG. On 31 May 2006 CLG re-registered as a Public Limited Company. A second subscription to raise a further £500,000 was announced in August 2006. At this time Sebastian Coe Limited had a projected annual turnover of £850,000.
The Claimant was not only heavily involved in raising investments for CLG, he also helped with the practicalities of setting up both CLG and Sebastian Coe Limited. Their registered offices were listed as Mr Abbey's place of business and he introduced both solicitors and accountants to the companies. He was also a shareholder in CLG (through one of his companies, Berkeley Consultants Limited).
The Dispatches Programme
On 10 September 2007 Channel 4 broadcast a Dispatches programme which focused upon the likely cost of the 2012 Olympics to the taxpayer and considered whether any individuals connected to the Olympics stood to personally profit. A section of the programme focused upon Lord Coe's earning capacity in the context of his Olympic role. The programme considered whether Lord Coe sought to profit from the Olympics via CLG and touched upon the Claimant's involvement.
Prior to the broadcast, journalists from Dispatches had contacted both Mr Abbey and Lord Coe for comment. Carter Ruck on behalf of Lord Coe denied that Lord Coe was seeking to profit from his Olympic position, explained that CLG was created to ring-fence his private business interests from his public responsibilities and sought to distance Lord Coe from the Claimant by explaining that the Claimant did not play any part in the management of CLG.
Shortly before broadcast a journalist working on the Dispatches programme came into possession of copies of emails about CLG which he had been given by a confidential source. The emails were neither hacked nor stolen. The emails suggested that CLG was experiencing some financial difficulties and that certain investors were demanding their money back. It was too late to incorporate the emails into the Dispatches programme, yet the journalists on the programme felt that the content of the emails clearly merited legitimate journalistic enquiry and decided that there was a clear public interest in giving another journalist the chance to pursue the story. They passed the emails to the journalist Andrew Gilligan (the First Defendant) who in turn decided that it was in the public interest to publish quotes from them in the article complained of.
The article entitled "Email from Coe investors: We want our money back" was published in the Evening Standard on 14 September 2007. It referred to a number of the leaked emails to show that CLG was suffering financial difficulties and also that Lord Coe appeared not to have achieved the complete separation of his business interests from his public Olympic role as he had claimed. The article also mentioned the Claimant's involvement with CLG together with a reference to his controversial career.
The First Defendant had made attempts to contact the Claimant prior to publication of the article but the Claimant declined to comment and in fact denied in evidence that he had been aware of the story before its publication.
The Claim
The Claimant did not complain about the article at the time of publication. Instead he waited for nearly four years to bring a complaint against the Defendants, which included, amongst other things, various criminal allegations including an allegation of email hacking. The Claimant admitted that he was prompted to do so when he read about payments being made to individuals by the News of the World in relation to the phone hacking scandal.
When the Claimant's claim was finally formulated, most of the allegations of criminality had been dropped and instead the claim was for breach of confidence and/or misuse of private information. The particulars of claim did include a speculative allegation of email hacking but accepted that the emails could have been obtained by other means. In any event the Claimant later withdrew the hacking allegation entirely.
The Claimant's claim fell into two parts:
1. The fact that the Defendants obtained the emails with a view to publication was claimed to be in itself an actionable breach of confidence and/or unjustified infringement of his privacy; and
2. There was a further actionable breach of confidence and/or misuse of private information in respect of the publication of parts of some of the emails obtained in the article.
The Defence
The Defendants contended that the Claimant's stale claim was an abuse of process and further denied that the emails contained information that was confidential to the Claimant and asserted that the Claimant could have no reasonable expectation of privacy over such information. If the Defendants were held to be wrong on that, they argued that there were a number of different public interest grounds which justified both the obtaining of the relevant emails and their subsequent publication.
1. Title to sue – Mr Justice Tugendhat held that the claim failed at the first hurdle because the information complained of related to the affairs of CLG and was not information that was personal to the Claimant. As such the Defendants did not owe a duty of confidentiality to the Claimant and the Claimant had no reasonable expectation in relation to any information which was not personal to him.
2. The case on obtaining – there was one email which did contain information that was personal to the Claimant. This email was not referred to in the article. Mr Justice Tugendhat held that the information was not so clearly private or confidential that it could be said that it was a breach of confidence or misuse of private information for Mr Gilligan to obtain and read it.
3. Public interest – the Court went on to decide that in any event the article was published in the public interest. A number of public interest arguments were accepted by the Court. Namely:
a. In correcting the false impression that had been given by representatives for Lord Coe that the Claimant did not play a part in the management of CLG. The emails showed that the Claimant did have an active role in the management of CLG and held that it was therefore in the public interest to correct that false picture.
b. In contributing to a debate of public importance in exploring whether Lord Coe had been able to achieve a clear separation between his public and private duties and interests. There was no adverse finding against Lord Coe and no suggestion that he had breached his duty to prevent any conflict between his duty to LOCOG and his interests in CLG. However the Court accepted that Lord Coe's LOCOG PA also had a CLG email address and that there was public interest in raising this issue as a topic of public debate.
c. In exposing the inability of CLG to pay its professional advisers and other debts as they fell due, and the inability or the unwillingness of CLG's directors to file accounts when they were due, which were both matters which could have seriously put into question Lord Coe's ability to properly carry out his Olympic role.
d. In also exposing the business relationship between Lord Coe and the Claimant, which, given the Claimant's professional history, called into question Lord Coe's private and professional judgment. Due to Lord Coe's role of national importance, the public had an interest in knowing to whom he had decided to entrust his private business interests to.
4. Abuse of Process – the Court found that the Claimant's repeated allegations of serious criminality against the Defendants, in circumstances where there was no evidence to support such allegations, were made solely for the purpose of obtaining a settlement on terms which did not reflect the merits of his claim. This conduct was held to be an attempt at extortion and an abuse of the process of the Court. In addition the Court found that the claim is a "Jameel" type of abuse of process in that the costs of the litigation are out of all reasonable proportion to the possible benefit the Claimant could have achieved were he to have succeeded.

redpajama_set_name: RedPajamaCommonCrawl


text:
Robert Pittenger
stated on April 2, 2018 in a newsletter:
The omnibus bill "does not designate a single dollar for Planned Parenthood."
Emily Callen of Raleigh, center, along with other protesters with Planned Parenthood Votes, chant in Raleigh on October 1, 2014.
By Paul Specht April 6, 2018
Pittenger says bill doesn't designate money for Planned Parenthood
The recent federal spending bill has become a point of contention in the Republican primary for North Carolina's 9th Congressional District seat.
Incumbent Rep. Robert Pittenger faces a challenge from Rev. Mark Harris, who lost the 2016 primary against Pittenger by only 134 votes. The duo has traded barbs over Pittenger's voting record, whether Harris worked to stop Donald Trump from becoming president and now over the omnibus bill that Congress passed and Trump signed in March.
Harris thinks Pittenger should've opposed the bill since it didn't fully fund a border wall, among other reasons. Pittenger, meanwhile, has touted its benefits.
One of the bill's positives, Pittenger said in a recent newsletter, is that the bill "does not designate a single dollar for Planned Parenthood."
When asked about the newsletter, Pittenger's staff pointed to a breakdown of the omnibus bill that was circulated by Rep. Cathy McMorris Rodgers, chair of the House Republican Conference.
Her summary of the bill, emailed to House Republicans, says "there has never been a line item for Planned Parenthood in the Labor, HHS, Education appropriations bill."
The Pittenger campaign also pointed out a congratulatory letter he received from the National Right to Life organization – which the campaign included in its statement about Planned Parenthood funding. National Right to Life is an anti-abortion group that has endorsed Pittenger and gives him a 100 percent "pro-life" voting record.
Funding remains
The group's letter supports Pittenger's claim that the bill doesn't include any "line item" money specifically for Planned Parenthood. But, the NRL letter notes that Planned Parenthood affiliates "are able to tap into funds from the various long-standing health programs."
"The greatest amount of federal money to Planned Parenthood flows through so-called 'mandatory spending programs,' mostly Medicaid," the letter says.
Indeed, recent estimates show that the organization about 40 percent of its funding from the government. Planned Parenthood receives more than $500 million in combined state and federal government funds.
stated on December 20, 2021 in a radio interview
The expanded child tax credit in the Build Back Better Act has "no means testing," so people making $200,000 and $400,000 would get "the same as someone making" $70,000.
By Jon Greenberg • December 20, 2021
If a Medicaid patient comes to Planned Parenthood, the organization can bill the organization for services the patient chooses.
Another portion can come through the government's Title X Family program, which subsidizes birth control and tests for sexually-transmitted diseases. But Congress and President Donald Trump last year passed a law that allows states to withhold that funding for groups like Planned Parenthood. Pittenger voted for that law.
Lawrence Shaheen, a spokesman for the Pittenger campaign, argued that the newsletter isn't deceptive because it included the National Right to Life letter explaining that Planned Parenthood still receives funding through other means.
Some tried to cut all funds
So the omnibus bill doesn't end funding for Planned Parenthood, even if the health organization isn't specifically mentioned as a funding recipient. But it wasn't for a lack of trying by some Republicans in Congress.
Some House Republicans – including several from the House Freedom Caucus – tied their support for the spending bill to cutting federal funding to Planned Parenthood, according to Politico. However, the effort died largely because the bill wouldn't garner enough support in the Senate to pass, according to Vox.
Planned Parenthood's continued eligibility for federal funding prompted Senate Minority Leader Chuck Schumer to tout the bill as a victory for Democrats.
"We don't have the House. We don't have the Senate. We don't have the presidency," Schumer said, "but we produced a darn good bill for the priorities that we have believed in."
While the omnibus bill gives no new funding to Planned Parenthood and doesn't designate money for the organization by name, it does allow Planned Parenthood to continue receiving money from the federal government.
Pittenger said the spending bill "does not designate a single dollar for Planned Parenthood." Technically, in the very literal sense of the word "designate," Pittenger is right. The bill doesn't specifically direct funding to Planned Parenthood by name.
But the federal government continues to pay for Planned Parenthood's services through Medicaid and other programs. And since voters are more likely to care about whether their tax dollars go to an organization – not whether the organization is specifically named in legislation – we rate Pittenger's claim Half True.
Congressman (R-NC)
A newsletter distributed by Rep. Robert Pittenger.
Email correspondence with Lawrence Shaheen, spokesman for Pittenger's re-election campaign.
Story by PBS, "What's in the massive omnibus spending deal," published March 21, 2018.
Fact check by PolitiFact, "Florida Republican says abortions make up 37 percent of Planned Parenthood revenues," published April 21, 2011; "Would GOP bill expand women's health care by curbing Planned Parenthood?" published May 9, 2017.
Story by The New York Times, "Trump Signs Law Taking Aim at Planned Parenthood Funding," published April 13, 2017.
Story by CBS News, "Could Planned Parenthood survive without federal funds," published Feb. 6, 2017.
Story by Forbes, "What's Included (And What's Not) In The $1.3 Trillion Omnibus Bill," published March 24, 2018.
Stories by Politico, "Planned Parenthood defunding threatens government spending package," published March 7, 2018; "Congress closes in on massive spending bill," published March 19, 2018.
Stories by Vox, "Planned Parenthood gets over $500 million annually in public funds. Here's where it goes," published July 26, 2018; "Republicans are trying to defund Planned Parenthood. Again," published March 8, 2018.
Story by The Atlantic, "A Domestic Budget to Make Barack Obama Proud," March 25, 2018.


Some IoT applications requiring global coverage and mobility will focus on cellular technologies, especially on 4G technologies like LTE-M and NB-IoT, and 5G technologies in the future. But the majority of IoT devices will use non-cellular wireless technologies such as Bluetooth®, WLAN/Wi-Fi, ZigBee, Thread and others that are operating in unlicensed ISM/SRD bands. Learn more here.


Poet and performer Harry Giles reads more Flaneur inspired poems from the Contains Strong Language festival.
Harry Giles / Aitch is a Scottish writer and performer. Harry has featured in the SPILL National Platform, toured North America and given feature performances at venues from the Bowery Poetry Club to the Soho Theatre.
The Hull '17 are an ensemble of exciting and innovative poets, commissioned to create new work which will be premiered in the city during the festival.


text:
Friday arrests won't end graft, says CJ Maraga
Chief Justice David Maraga on Friday came out with guns blazing against attacks at the Judiciary as the weakest link in the war on graft.
Heads of investigation and prosecution agencies have accused the Judiciary of slow progress on corruption cases.
DCI George Kinoti and DPP Noordin Haji on Thursday said lenient bail and "strange orders from the courts" are some of the hurdles hampering the war on corruption.
Kinoti and Haji said courts make it difficult for the agencies to arrest rich and powerful corruption suspects.
"Some of the frustrations that pull us down are some strange orders we receive. We are stopped even before we record a statement from somebody whom we know very well has stolen from Kenyans," Kinoti said.
They spoke during the multi-agency conference at the Bomas of Kenya.
But Maraga downplayed the accusations and hit back at the DCI and DPP for what he called "gimmicks" and trying to use the Judiciary as a scapegoat.
"The fight against corruption is not going to be won by blame games. It will not be won by Friday arrests. Let truth be told. We are not going to win this war by these kind of gimmicks," the visibly agitated CJ said.
Kinoti has been arresting suspects on Friday and they sleep in police cells for the weekend since the Judiciary doesn't work on Saturday and Sunday.
Maraga said the DPP and the DCI have been filing half-baked cases in court, with weak evidence. Sometimes, he said, the prosecution appears in court ill-prepared, forcing the presiding judges and magistrates to adjourn the cases.
"The war against corruption is going to be won by concrete evidence that will be brought to us. If you are not going to bring concrete evidence, then we are going to acquit," the CJ said.
"You put 30 accused persons in one charge sheet and they have 30 lawyers. You [Kinoti and Haji] will continue blaming the Judiciary and we are not going to move anywhere."
The CJ further said Kenya will not win the corruption war without honesty and courage. "This war must be won by the application of the rule of law… the Constitution guarantees the right to be heard.. presumed innocent until proved guilty," he said.
"This war will be won by use of technology and block chains. We need to invest in courage… people being courageous. Come and tell us about this corruption case with concrete evidence."
On Friday, President Uhuru Kenyatta and ODM leader Raila Odinga also accused the Judiciary of granting "abnormal bails, strange orders and long periods cases are taking in courts". Uhuru said some orders have cost the taxpayer billions of shillings and derailed development.
"Our courts must stop the practice of issuing injunctions against investigations of corrupt activities. Issuing these orders makes it easier for the mandarins of corruption to destroy evidence and intimidate witnesses. Kenyans have spoken, this practice must stop," Uhuru said.
Raila added,"We are witnessing a trend where suspects rush to court to stop the DCI and the DPP from arresting and charging them with corruption. And the courts are granting such suspects their wishes."
While admitting that some cases have dragged on in courts for a long time, the CJ complained of the meagre resources the Judiciary has been allocated, compared with the staff and the amount of work it is required to undertake.
"There is an issue of under-funding. Last year we asked for Sh31 billion, but we only got Sh14 billion. We are being starved," he said.
Maraga further said they need support to deal with corruption within the Judiciary and Judicial Service Commission. "I agree there is corruption in Judiciary but the information we get is not actionable. We are asking for support to investigate some of the complaints that are coming in the Judiciary and JSC," he said
Suspected highway robbers disguised as cops deny charges
Dairy demo farms pay off for farmers, Brookside


The BBC is over Netflix's nonsense. In the latest case of networks pretending to be people, the BBC has called out Netflix over spending an absurd amount of money on The Crown.
It's no secret that Netflix loves dropping huge amounts of money on its original content, but The Crown is an especially expensive case. It's been reported that one 10-episode season of the royal family-focused drama costs $130 million. Show creator Peter Morgan has claimed that these estimates have been greatly exaggerated, but still. You only have to watch five minutes of The Crown to know that a lot of money went into making that series.
According to the BBC's calculations, Netflix spent an estimated $128 million to make 20 hours of content over the course of two seasons. The network also claims that The Crown has been viewed by 14 percent of adults — a number that's impossible to verify since Netflix notoriously doesn't release its streaming numbers. With the same amount of money, the BBC has produced 18 different shows and a total of 85 hours of content that's been viewed by 72 percent of adults. It's a burn so scathing both Queen Elizabeth and Princess Margaret would appreciate it.
It makes sense why the BBC would go after Netflix. The Crown is exactly the kind of quiet, highbrow drama that would be perfect for BBC; Netflix just happens to have it. The BBC's point about Netflix spending a shocking amount of money on its content is valid, but I think there's more jealousy at play here than anything else.
The real question is, how is Netflix going to respond? Hopefully they won't vaguely threaten another network with a 13 Reasons Why tape. But if we know one thing about Netflix's snarky Twitter account, it's that they're likely not going to let this go.


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UPDATE: I easily won this lawsuit. Read results here.
As many of you know, I have used my blog as a resource to bring to light the questionable actions of Michael Robertson, and to go public with his treatment of employees and shareholders. Today I was served with a lawsuit by Michael Robertson in an effort to obscure my blog and impede my freedom of speech. I have to say that I wasn't surprised to learn that Michael would use a frivolous lawsuit to threaten and silence me, but it won't work. I will not let Robertson bully or intimidate me with this or any other nuisance suit. Such lawsuits only serve to shed further light on his unscrupulous tactics.
The Internet has become a bastion of free speech for bloggers. Robertson, who claims to be a strong supporter for such rights, seems to feel quite differently when that speech is critical of him.
You see, just as the Internet is a marvelous vehicle for companies to promote their goods and services, it can be an equally effective tool for dissatisfied customers or disgruntled employees and shareholders to criticize a particular product, company or management team. Much to the chagrin of trademark owners, such "gripe sites" (which often include the company name or trademark in the URL), are very difficult, if not impossible, to shut down. Fortunately, the First Amendment typically shields the operators of corporate gripe sites from liability. If the gripe site is non-commercial in nature, the operator's freedom of speech will generally override the trademark owner's interest in controlling the use of its company name or trademark, as it should.
Earlier this year, Linspire was given the opportunity to purchase the domain name Freespire.com. They declined. When I was CEO, I spearheaded the Freespire project, but I was unable to obtain the freespire DOT COM domain name, so we did everything at freespire DOT ORG. We tried incessantly to obtain the .com domain, but the owner would never sell it to us. So you can imagine my surprise when earlier this year, the owner finally agreed to sell the domain and it was offered to Linspire, but they declined to acquire it. (I think that also sums up the commitment Linspire had to Freespire.) So, around eight months ago, only AFTER Linspire declined to purchase the freespire.com domain name, I decided to acquire it as a non-commercial opinion site to share my views about Linspire, Freespire and desktop Linux in general.
At the freespire.com site, I praised the good work other distributions were doing with Linux (Ubuntu, Mint, Nimblex, etc.), expressed dissatisfaction with Linspire/Freespire, and linked to my blog. At no time have I ever sold any of these distributions or had a financial stake in them. I was merely exercising my freedom of speech.
So, today, Michael Robertson (via the now-defunct Linspire shell company "Digital Cornerstone") sued me for "cybersquatting, trademark infringement, and unfair competition," claiming that the freespire.com "gripe" site should be taken down and seeking $100,000 and other damages.
My freespire.com site never sold anything. It never used the Freespire logo or even used the Freespire name in large fonts or type. There was certainly no confusion, as it was quite clear this site wasn't Linspire's site. In fact, there was even a disclaimer stating the fact that the site was not owned by or affiliated with Linspire or the Freespire distro in anyway.
As I pointed out earlier, it's rare that a non-commercial blog or opinion site is found to be cybersquating or violating trademarks, as they are protected by the First Amendment. And it's extremely rare for monetary damages to be awarded in a cybersquating case, particularly one as non-consequential as this one. (The freespire.com domain only got around 100 hits per day, and even fewer today. See the Alexa graph at the end of this blog.) Yet Robertson is seeking $100,000 in damages? Linspire never complained or objected about the site, even though there was a clear contact link for the site's webmaster on every page. No cease and desist letter was ever mailed. They never sought relief or arbitration from ICANN. No, instead, in classic Robertson fashion, he headed straight to the court room because this lawsuit is about intimidation and suppressing speech, not about legitimate damages.
The lawsuit even states, "Although the FREESPIRE mark was recently assigned as part of an asset purchase, [Robertson] expressly reserved all rights in and to all claims against Carmony arising from the freespire.com domain name and website." Now, why would Robertson want to carve out that one thing to hang on to? He's no longer involved with Freespire, so why does he care? Is he desperate for money? With Robertson's companies struggling and laying employees off, does anyone really believe this is the most important thing Robertson should be concerning himself with? His motives are pretty transparent--to suppress freedom of expression that is critical of Robertson.
This is a nuisance lawsuit, intended to silence my freedom of speech. I will defend my right to free speech by continuing to point freespire.com to my blog and keep reporting on Robertson's disturbing actions.
I'll keep you posted on this YARL (Yet Another Robertson Lawsuit).
UPDATE: Michael Robertson made a pretty ironical post today on his Michael's Minute. So I made an appropriate response, and it was quickly censored and removed. Below is a screenshot of what it looked like BEFORE my post was censored (click on it to enlarge to read). Michael Robertson is welcome to post here at anytime and I will assure him his non-anonymous comment will be published. As I say, Robertson can dish it, but can't take it. Just more evidence of his desire to squash free speech.
John Stossel's "Politically Incorrect Guide to Politics"
John Stossel, one of the few level headed individuals in the media and a fellow Libertarian, has made yet another excellent 20/20 Special. John looks at the fallacies of big government.
I would HIGHLY encourage everyone to watch this entire program BEFORE voting. I'm glad at least someone from the mainstream media is debunking the concept that we should turn to government to solve all our problems.
PART 1 - False promises from politicians. Spontaneous Order. Central planning and government vs self organization and business.
PART 2 - Housing crises. Regulation vs deregulation. Bailout. Necessity of business failures.
PART 3 - Rebuilding New Orleans. Government vs volunteers and the private sector. Government bureaucracy.
PART 4 - Campaign finance reform. Law of unintended consequences. Using regulation to prevent competition.
PART 5 - Farm subsidies. Job obsolescence. New Zealand eliminates farm subsidies.
PART 6 - People run America, not Government. People bring change, not politicians. Personal responsibility.
BONUS SECTION FROM PREVIOUS WEEK - Should some people not vote?
Thanks to John Jones for letting me use this song. He's never released it, but he should.
Click below video to play.
Below is a photo of the line I had to wait in for 30 minutes to get my Sprinkles!
Song "Get a Dog" (C) by John Jones.


text:
mdw Repository mdw - Homepage
Switch to english page
mdwRepository
The mdwRepository is the central institutional repository of the mdw - University of Music and Performing Arts Vienna. It is built around the concept of Digital Asset Management, and consists of a content-agnostic internal backend and public touchpoints.
At the mdw, we define a 'digital asset' as everything that is stored in a digital format, is valuable to, and legally usable by its owner, and, thus, helps to exploit the owner's goals. This reflects in a technical definition of a digital asset being a combination of a content object and/or file, and its metadata, e.g. describing the file and its contents, its creation context, its rights and permissions.
These contents can be research data, archival documents, audio and video recordings of concerts held at the mdw or images used by the communications department.
Digital assets are managed in a 'Digital Asset Management System' (DAMS), which is a combination of software, hardware and professional services that enable storing, managing and accessing digital assets throughout their lifecycle. This lifecycle typically consists of four phases:
1. creation,
2. management,
3. publishing and/or distribution, and
4. preservation or archival of digital assets.
Thus, the core part of the mdwRepository is the digital asset management system (DAMS). On the software side, we use nuxeo in its Open Source variant as the internal backend system operated in-house at the university's own IT department as a service provider (https://www.nuxeo.com/products/digital-asset-management/). We do not perform data-level curation aside from technical checks (e.g. in order to ensure data accuracy) and creation of new formats (e.g. renditions for preview).
On the services side, we provide digital asset management related training, incl. data creation support, data management planning, curation and legal support support, metadata or media format guidance.
The designated community of the backend system consists of mdw-internal researchers and their project-partners, teachers and students.
The public touchpoints are used to publish and distribute the digital assets. These include technical services (e.g. OAI-PMH endpoint or SPARQL-endpoint) or public websites. These services are intended to actively promote the use of digital assets amongst the designated communities, which may include other researchers, or ordinary citizens also via the use of additional channels such as WorldCat or BASE (Bielefeld Academic Search Engine).
The mission of the mdwRepository is to ensure and promote sustainable services of ingest, storage and access to digital assets of the mdw. It preserves the original, master data and renditions that can be previewed online when access rights are granted, together with it's metadata record (based upon metadata standards such as Dublin Core, disciplinary standards or custom schemes that are published via the mdwRepository scheme section).
The main functions of the institutional repository are.
acquiring digital assets of the mdw,
providing a management environment for the digital assets,
digital preservation,
providing access to the digital assets for various purposes,
training users involved in the digital asset management process, and
actively promoting the use of the digital assets.
Employees and students at the mdw have access to nuxeo via LDAP authentication. External users must be registered by the mdwRepository administrators.
Users of the backend systems need to accept the Terms of Use applicable to the repository services. Otherwise no access to the management interface is granted.
Access levels can be defined in the management backend depending on the digital asset requirements. The information on rights and conditions of access are written in the administrative metadata (rights metadata and ACL). We differentiate between the access to metadata and content object and/or file. When access to metadata is granted it does not automatically imply access to the content object and/or file.
Once persistently published (with URN or DOI), the digital assets are available to the public.
The users assign the licenses required for their Digital Assets on their own based on a pre-defined license list covering License Statements incl. "All Rights Reserved" or open licenses, e.g. Creative Commons. Together with the Access Rules, Licenses control the publishing and distribution option available for the digital assets.
Organizational Infrastructure
The mdwRepository is operated in-house at the mdw - University of Music and Performing Arts Vienna. We mainly use Virtual Machines to host the different services provided by the mdwRepository:
nuxeo backend system (with ElasticSearch Cluster for search functionality, Kibana for analysis, Oracle database, and network storage that can be extended dynamically as the data amount grows),
Triple Store and Graph Database (Apache Jena Fuseki instances and Blazegraph),
OAI-PMH endpoint provided via an Apache Webserver,
mdwCMS for managed content on the mdwRepository website,
Python Flask server for public touchpoints (restricted public APIs, custom frontends), and
Custom frontends (accessing the nuxeo backend system via its REST API).
All services undergo daily backups / snapshots.
The staff of the IT department ensures the technical availability and functionality of the mdwRepository infrastructure.
The Digital Asset Management team provides knowledge on digital preservation in general, expertise in data management planning, metadata management, and implementing custom application functionalities.
Data Integrity and Authenticity
The data in the backend system nuxeo is stored in a Java Content Repository (Content Repository API for Java Technology (JSR-170) -> JCR, in this case Level 2, writeable repository). The data can only be accessed via the nuxeo frontend by the registered users that have accepted the mdwRepository services Terms of Use. There is no direct access to the files on the file system aside from members of the IT department, protecting the data against unauthorized alteration and, thus, ensuring data integrity. Checksums are created for all files ingested and validated in regular intervals. In case of mismatches files will be restored from backups.
Authenticity is preserved by creating an audit record for each digital asset ingested and managed within the mdwRepository (incl. creation user and datetime information, modification or status or publication information). The audit trail is stored in the database backend.
Both metadata and files are versioned at the application layer by the repository software (using versions and revisions).
Data Discovery and Identification
The backend system nuxeo creates unique IDs for every asset. Thus, each record can be uniquely identified within the system. The files in the Java Content Repository are stored in checksum based directory structure.
For external publication the mdwRepository provides persistent identifiers:
URNs for all externally avaliable resources and
DOIs on request.
Data can be published externally via the OAI-PMH endpoint for third parties to harvest and re-use the data and through an Apache Jena Fuseki Triple Store and a Blazegraph server via our SPARQL endpoints. Additionally data can be presented on websites that interact with the backend system via a RESTful API.
All Metadata is indexed in an ElasticSearch index together with the full text extracted from documents for easy retrieval. All search strategies available by ElasticSearch can be used within the mdwRepository. Searches can be bookmarked for easy access later on.
mdwRepository is listed in the Registry of Research Data Repositories, re3data.org.
The OAI-PMH endpoint is registered in the list of OAI-PMH Registered Data Providers, which is used as a source for OAI-PMH endpoints available for harvesting data. Additionally OAI-PMH based data is available via BASE (Bielefeld Academic Search Engine).
For greater security of access all mdwRespository components are accessed via a firewall both for internal and external users (no direct access to servers aside from IT department).
Access to search servers (ElasticSearch) is restricted by IP-based access restrictions. Thus, users do not have direct access to these servers.
Only a limited number of members of the IT department, external service providers with a valid contract and non-disclosure agreement, have access to the servers, databases and storages.
Stefan Szepe
+43 1 711 55 7329
szepe@mdw.ac.at
Mag.phil. MAS Vitali Bodnar
bodnar@mdw.ac.at
Mag.phil. Michael Staudinger
staudinger@mdw.ac.at
© 2020 mdw Repository Impressum


The proposed multi modal logistic park (MMLP) by Visakhapatnam Port Trust (VPT) is all set to come up with 'draft project report' (DPR) soon, according to its Chairman MT Krishna Babu.
Hyderabad: The proposed multi modal logistic park (MMLP) by Visakhapatnam Port Trust (VPT) is all set to come up with 'draft project report' (DPR) soon, according to its Chairman MT Krishna Babu.
Speaking to media on the sideline of an event hear, Krishna Babu said that the state government has already earmarked about 400 acres near Anakapalli and the VPT will invest about Rs 500 crore on the project to develop infrastructure like water, sewage, linking roads etc.
He was in Hyderabad to attend a road-show organised together by CII and GoI here ahead of Maritime India Summit 2016, which is scheduled to be held in Mumbai in April.
The project is expected to take about 3 to 5 years time to complete once the partners are identified, he added. Considering the location advantage of being middle of the east coast, the park will cater to a vast hinterland of 500 km covering 7 states, including Telangana.
Earlier speaking at the event, Krishna Babu said that the port is expected to run its entire operations on solar power from next month. It has already commissioned 2 MW solar power generating unit, while from March it will add another 8 MW.
"We will be the first major port in the country to run entire port operations on solar energy," Krishna Babu said, adding VPT has spent Rs 60 crore to set up the plants.
Director of Shipping ministry, Devendra K Rai said, the union government is targeting 135 MW of solar power project to be set up by 2020 in eight major ports -- JNPT, Paradip, Kamarajar, Kandla, V O Chidambaranar, Visakhapatnam, Kolkata and New Mangalore.
SN Venkatraman, Convenor, CII Telangana EXIM Panel and Vice-President, ITC Ltd, suggested to the government of Telangana, a land-locked state, to establish 'dry ports' and develop strong infrastructure to link it with the sea ports in Andhra Pradesh.


How do I qualify for a house call visit by Integrated Visiting Physician Solution, PC?
7. Leaving home requires a considerable or taxing effort.
What insurance does Integrated Visiting Physician Solution, PC accept?
We accept Medicare and most Private Insurance plans. We directly bill Medicare and all secondary/supplemental insurance plans. We only bill the patient directly if there is an unpaid balance which is not covered by Medicare or the secondary/supplemental insurance plan, which usually is your deductible or co-payment that you might have under your current insurance plan.
Does Integrated Visiting Physician Solution, PC accept Private Pay patients?
Yes we accept payment by Credit Card, Personal Check or Money Order.
Do house calls cost more than a regular office visit?
Integrated Visiting Physician Solution, PC charges only what is allowed by Medicare. There are no additional charges or hidden costs. You will still need to pay the applicable co- pay and deductible amounts that you might have under your existing insurance plan.
How soon is a doctor available to visit?
In most situations, a doctor visit can typically be scheduled to visit you within 24-48 hours (during the week) of receiving your call.
Does Integrated Visiting Physician Solution, PC see patients on the weekend?
Typically, the healthcare provider makes the initial visit Monday through Friday.
How often will I see my Integrated Visiting Physician Solution, PC provider?
As often as you need us. If you are sick, your healthcare provider will see you more often. Whether you need us the next day or in a month, we will be there.
Will I have the same medical provider on every visit?
we make every effort to send the same provider to you for each visit.
Does Integrated Visiting Physician Solution, PC replace my office doctor?
No. Think of Integrated Visiting Physician Solution, PC as a supplement to your office doctor. We will keep your office doctor updated on your treatment with regularity. We will also consult with any specialty providers you have as deemed necessary. You can still see your office doctor anytime you want.
What do I do if I need blood work, labs, X-rays, or other diagnostic tests?
Most diagnostic tests can be performed in the comfort of your own home. If a larger scale test or procedure is necessary, such as an MRI or CT scan, IVPS will make arrangements at a local hospital or diagnostic center.
You are not required to go to any specific hospital. We can assist with your admission to the hospital of your choice.
Who takes care of me while I am in the hospital?
Integrated Visiting Physician Solution, PC will refer you to a hospital specialist if you are admitted to the hospital. We will communicate with the hospital specialist while you are admitted. IVPS will resume your care once you are discharged from the hospital.
Do Integrated Visiting Physician Solution, PC come out for emergency visits?
How do I schedule an appointment with Integrated Visiting Physician Solution, PC, and arrange to be seen in my home?
Call our office to arrange for a medical visit to be scheduled at your convenience. You do not need a referral to use our services.


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redpajama_set_name: RedPajamaGithub