If you own or have the rights to a brand, it is likely going to be sold on Amazon. During this webinar for brand owners, you'll learn the key elements to creating a legal framework that will help you enforce distribution and pricing on the Amazon platform and beyond.
Join me as I host Howard Ullman, an attorney with Orrick and author of MyDistributionLaw.com, as we discuss intellectual property, distribution, MAP enforcement and more to help you protect your brand and pricing on Amazon.
Shannon: All right. Welcome to the webinar. I'm Shannon Roddy, the founder of Marketplace Seller Courses, online courses, resources and tools designed to help brand owners start and grow their businesses on Amazon and I have with me special guest today Howard Ullman, an attorney with Orrick who focuses on distribution law, including intellectual property, distribution and pricing policies, IP licensing, distribution structures, distributor and supplier terminations, minimum advertising price programs and market definition.
He also handles cases for businesses facing litigation, business works and commercial litigation and he is also an expert at making French press coffee. Howard, thank you so much for joining me today.
Howard: Yeah. Hi Shannon. Thanks. Thanks for having me. Happy to be here.
Shannon: I assume that making French press coffee helps as an attorney. It must come in handy for those extra hours that you have to put in.
Howard: It does indeed. The caffeine is an essential part of the job.
Shannon: Good to hear. Well, today I'm really excited because I think this is going to be so helpful for so many listeners, especially emerging brand owners who are getting launched, understanding the legal framework for creating distribution enforcement specifically around Amazon because it has such an impact on so many businesses. Again, over 55 percent of all product searches start on Amazon.
So a product being sold on Amazon is pretty much inevitable at this stage of the game. So the goal is to cover at high level some of the things that brand owners need to be aware of and some of the things that they can use to their advantage in order to control some distribution as well as pricing, not only on Amazon but also just in the digital space in the current age.
So with that, let's go ahead and get started. Why don't you – I'm just going to let you kick this off. You've set a pretty detailed outline of what we're going to cover. So I think it's best to just hand it over to you and let you start us off in terms of what it looks like to control some of the distribution enforcement and pricing on the internet and on Amazon specifically.
Howard: Yeah, great, and though I do have an outline, you know, we can obviously make this hopefully a conversation. So jump in whenever you would like.
I would just like to say at the beginning, I just have to give a little disclaimer which is while I talk about these issues a lot, the groups and so forth, what I'm about to say is not – it's self legal advice. So everybody's situation is unique and so before you go ahead and do anything, you will probably want to consult with your own counsel.
But that said, we can talk about some general points which I think are likely to be helpful and it seems to me that we can think about this in terms of what manufacturers or suppliers, online suppliers, want to do and want to control in the age of internet distribution generally and Amazon in particular.
So I came up with a list of four, five things I guess, which we can talk about further as we go along. But often suppliers want to control who gets to sell their product to end consumers in the market. So that's one thing. They want to control – at least they want to control at what prices those products are ultimately sold or they want to control at what prices those products are advertised to consumers.
I think in addition to those things, they want to prevent the sale of unauthorized – the sale of their product by unauthorized distributors online and depending on what kind of IP they own, they want to prevent the unauthorized use of bad IP such as trademarks, copyrighted material and patents, if applicable.
So some of and actually quite a lot of that can be accomplished and structured appropriately and there are some exceptions under the Antitrust Law and under various versions of what we call the First Sale Doctrine, which applies in different areas of law.
So – but those are the general issues I see people wanting to address or struggling with and I think that's a good overview and then we can talk about – drill down into each of those areas and talk about what you can and cannot do and how to do it.
Shannon: Yeah, absolutely. You talked about the basics of controlling distribution chain and what we typically refer to that is having a clean line of distribution, meaning you know who you're selling your product to and you have stipulated in the best ways possible where people can and cannot sell products.
The biggest challenge that sellers face, particularly brand owners on Amazon, is they sell to resellers. They sell to retailers, ecommerce channels or through distributors and they wind up having dozens, if not hundreds, of what they would consider unauthorized sellers of their product popping up on Amazon, either on their own listings or on duplicate listings and at that point in the game, it's usually a fairly significant challenge to go back and begin to clean up that distribution.
Essentially they had no idea who these people are. They have no idea how they're getting their product and what we're talking about today is coming from the beginning, how do you go ahead and create sort of a clear line of distribution and – but let's go ahead. That being said, let's talk about authorized distributors and what that looks like in some different tactics that a brand owner can take when signing agreements with the distributor to represent their brand.
Howard: Right. So it does make a lot of sense for many, maybe most companies, to have a formal program whereby you appoint authorized distributors. Now some companies, maybe they're going to distribute online just themselves. They're not going to have distributors. They're going to be direct sales to end consumers and that's fine.
But as you grow or as your needs change or as you find you don't have the bandwidth or the resources or whatever to focus on a particular market or market segment, that's when many companies turn to using distributors. So you're going to want to think about having some number of authorized distributors. These are folks who are going to provide really good service for you.
You're going to vet them before you appoint them hopefully and you're going to have a good relationship with them and they're going to represent your company to the public well in a positive manner and they're going to add value for you and they're going to increase customer goodwill by the service that they provide.
The important point – well, there are a couple of important points. One important point about appointing them formally is that you can terminate the relationship if it's not working out for you.
So you will spell out typically a distribution agreement or a distributorship agreement when and how you can part ways and if you do that, obviously they lose the right to be your authorized distributor.
So this is one way you get to control or maintain control over your distribution chain. Now oftentimes they are going to want, the distributor that is, they are going to want some sort of exclusivity to incentivize them. Maybe they're going to be the exclusive distributor on Amazon. Maybe that's – they're going to be the exclusive distributor for certain types of customers or classes of customers.
But that's a frequent request. Obviously it gives them an incentive to focus on your product and they don't have to worry so much about competing with your other distributors and you may find that that's a good – it makes good business sense for you as well because it does incentivize them to really work harder for you and all of that typically is fine. That is exclusivity provisions and all of that can and should be spelled out formally in a distribution agreement or distributor agreement, so that there's no fights down the road about who was promised what and who gets to do what and so forth.
So I think all of this is a way of saying you really should consider having distributor agreements, appointing one or more authorized distributors. They're going to spell out or you're going to spell out there the basic rights and obligations, whether there are any channel or territory restrictions as well as things like sales terms, credit terms, return policies, product warranties, which is something we will come back to a little bit later and the like.
So this is often the first step when people get up and running is to set something like this up or once they're up and running selling by themselves and they find out they need some assistance, this is typically the next step they're going to take.
Shannon: So you might be able to spell out something as specific as a channel. So you have the ability to – or the exclusivity or authorized to sell on Amazon or eBay for example in terms of platform or it could be a territory in terms of you have the ability to sell a product exclusively in Canada or the Continental US or it could be even within those realms. You have the ability to sell to all the B to B customers whereas other distributors might handle the B to C for example.
Howard: Exactly, and we all know if you're relatively new or you're a startup or you're small but growing, there's a lot of stuff on your plate and it can be easy just to deal with people without formal agreements and it can be all too easy to the promise or the perceived promise, something like this, some form of exclusivity, either on the phone or in an email or maybe one of your sales reps promises one firm one thing and another promises another firm something else.
So to avoid disputes in the future about who has which rights, all of this can be spelled out expressly in these distributor agreements and then there's no – there's really no possibility for a dispute about it down the road.
Shannon: Now, we're talking about distributors and typically we consider distributors – a brand owner would sell to a distributor with – who would then turn around and sell to numerous resellers. Would these same agreement principles apply if the brand owners simply sold directly to resellers instead of through a formal distributor?
Howard: Yeah. So different industries have different terms for what amount – to be the same thing. We can call them wholesalers. We can call them distributors. We can call them sub-distributors, people who buy from the distributors. We can call them resellers. But the point of all of it is there are different levels of the chain between you and the ultimate end consumer.
Howard: And yes, you can impose restrictions at these different levels. Now sometimes perhaps typically, let's say you have a multilevel chain. You have a distributor and that distributor is using resellers to sell their – to end consumers. You may not have a direct contract with the reseller who's one step removed from you or you might.
You also might have provisions in your agreement with your main distributor as to whom they can appoint as a reseller and it would give you a right of review, a right of refusal, a right to object and so forth.
So there are different ways you can essentially achieve the same end result of controlling the distribution down the different links in the chain.
Shannon: Got it. Yeah, that's very helpful and I know again we will talk about this more in detail. But knowing who's selling your product and where they're planning to sell the product is probably the biggest things in terms of preventing some of the unauthorized distribution that we see on Amazon.
So it's really sort of a legal game that's played long before the products ever end up there. That's sort of having to deal with the problem from an intervention standpoint. If we put these things in place, we might be able to be able to deal with it from a prevention standpoint.
Shannon: So that said, let's talk about pricing because that's certainly an aspect. We've mentioned the aspects of channels and territories. But are you able as a brand owner to control the prices at which your distributors sell? So that could be again to other resellers or sub-distributors? Let's talk about the pricing aspect of this.
Howard: Right. So let's cover this at a high level and briefly. So this is what we call or what the law calls "resale price maintenance". You may see that term pop up if you start Googling around online about this issue. RPM for short and there are two types of it really. There's minimum and maximum. A lot of people focus on the minimum, right? They want their products not sold below a certain floor. But sometimes there are reasons why you don't want – you may not want distributors to go above a certain ceiling. So that would be the maximum version.
Here's the bottom line. Under federal law, under federal US law, in virtually all cases – there can be exceptions, which get a little complicated. But in virtually all cases, this practice is now considered to be permissible. OK?
So people say, "Oh, that's great. That means I can do it." Well, the complication is we have a federal system and we have 50 states, each with their own laws and not all of them are the same. There are a handful of states that still think that resale price maintenance is what we call per se unlawful, which means there's no – you don't have a dissent. If you engage in doing it, you've committed a violation. One of the important states that still has this view is California and so unless you can control your distribution system entirely to avoid states like California, it can be problematic to engage in RPM and can be really hard to slice California off. I mean first of all, it's a big market.
Howard: Secondly, even if your distributor is in – even if you're in New York and your distributor is in Illinois, if they're selling on Amazon into California, this rule may be implicated. Probably it's implicated. So what we tell people generally is the conservative approach is to avoid RPM for this reason unless you can be absolutely certain to avoid the states where it's still an issue.
Shannon: Got it. Now that being said then, do brand owners have any way to control any of the pricing downstream once it leaves their hands going to the distributor or the wholesaler for example?
Howard: So the answer to that is yes. There are other things you can do and one of the more common or popular mechanisms is a Minimum Advertised Price Program.
So here, your downstream distributors, they retain the right to price unilaterally as they see – as they so choose. But they don't have the right to advertise the product let's say below some minimum threshold. So typically – and the advertising by the way would be online, including on Amazon. The distinction we usually draw between advertised price and actual price is the threshold of the checkout cart. OK?
So a banner ad or a product display ad or the like or listing, that would come within the Minimum Advertised Price policy or prohibition. But once the consumer actually puts a product in their cart and is about to check out and sees the actual price that may be discounted further, that's the point at which this program no longer controls.
But that said, to set one of these up, typically you want to adopt a policy. This is not an agreement with the retailer or a distributor. It's a policy that you adopt and promulgate and it indicates it's going to govern your advertised prices, the actual prices. It says that it's not an agreement and it specifies what happens if there's a violation and this gets a little bit complicated. But to avoid the potential problem if there's an agreement, which could get us back into the resale price maintenance realm.
Howard: Typically, what these policies will say is if there's a violation, we're going to cut you off, at least from selling the product in question. Maybe six months from now, we reserve the unilateral right to reappoint you for that product. But we're not going to have this sort of back and forth negotiation with you where we say there's a violation and you say, "Oh, I'm sorry," and then you redo your pricing and then that starts to look like an agreement.
So – and of course to make one of these programs work in addition to having a policy in place, you need to have some monitoring mechanism to make sure people are abiding by it and there are third party firms in the marketplace who do just that.
Shannon: Right. Two sort of applications for Amazon for this, one is just in terms of distribution enforcement. That aspect that you mentioned, that consequence of cutting people off, of cutting resources of is the most effective both from a distribution standpoint as well as a minimum advertised price violation standpoint, as opposed to fighting and arguing and trying to deal with different things.
So again, knowing who those sellers are is incredibly important and then second of all, there is a great tool that we use called AMZAlert that allows us to monitor our Amazon listings in the case of pricing that would go below a certain amount. What Amazon does is while they are not for MAP and they do nothing to enforce MAP as a general policy, if a seller is selling below a certain price, they can in the backend put what the MAP price is and then put their actual price below that and Amazon will say on the detail page, "Add product to cart in order to see the price." So that's how Amazon deals with that, the MAP standpoint of this.
Howard: So, right and so one other – and this may be obvious. But one other important point is that MAP programs can be very beneficial and they can be effective. But they're only – they really are only good for your authorized distributors. So we started out talking about having authorized distributors and having agreements in place with them. But somebody who's selling as an unauthorized distributor, the MAP policy doesn't really apply to them and so you can't use it to deal with that situation.
Shannon: Yeah. One other point that you made in your outline is the aspect of why MAP is so important and really it's – from a brand owner's perspective, it's not only to maintain product perception. So obviously a high quality brand, if you have a high quality brand, being sold at an incredibly low price, it questions the – not necessarily the authenticity but certainly the quality of the product.
But it also maintains channel viability. So if you sell to for example five different distributors and one of them is able to slice the margin so thin that they could sell well below the MAP and basically just above the cost of goods, it would essentially put all the other distributors out of business, at least as far as that product is concerned. So the goal of the MAP is not only to maintain the perceived value of the brand, the actual value of the brand, but also to maintain channel viability, so that a small retailer has the ability to sell a product and compete with price in the same way that a large one would, despite or regardless of the volume of sales that that seller is doing.
Shannon: So let's move into the arena of unauthorized distributors because that is where it gets a little tricky and like you mentioned, unauthorized distributors and sellers can be a big challenge on Amazon. There's some great resources for dealing with them. But what are some of the things that you wanted to cover in regards to that?
Howard: Right. So yeah, I get questions about this with some frequency and Shannon, I imagine you do as well. This can be a real thorn in the side for people. What I want to do is break this down into a few different scenarios depending on what kind of intellectual property you own.
Howard: And we will start with the situation or the scenario where you really don't have any IP. You don't have a trademark. You don't have a patent. You're just selling a product at the marketplace. Maybe it's a great product. But again, no IP protection and the unfortunate thing I tell people which they don't usually like to hear but it's – it just happens to be true is that in that situation, once somebody buys your product, they're essentially free to resell it as they will. They buy it free and clear of any restrictions.
So unless they're – in the course of their selling the product online, unless they're disparaging it somehow, which usually they're not. Because why would they want to do that if they're selling it? Or they're making some kind of misrepresentation about you or maybe the product itself, if it's apparent – it's tied to you or somehow they are – you know, knowingly interfering with your contract to sell it to somebody else. Unless you fall in one of those rather rare situations, there's really nothing you can do about that. It's just the free market in the United States, freedom of commerce. People can buy a product and then do what they want with it.
So that's a very good reason for you to think about getting some sort of IP protection. Now there are limits on that as well, which we will talk about. But at least it can give you a hook to control what's going on downstream.
Shannon: And just sort of again high level, let's hit with those three primary intellectual property. Registrations might be one. Certainly trademark of a brand name. Two would be patent protection for an innovative product that you've created and three would be a copyright which could apply to either the copy or images maybe you've created to sell your product. Those are the three that I typically deal with most when it comes to products sold on Amazon. Is there anything that you want to elaborate on, on that, in terms of intellectual property side?
Howard: Yeah, sorry. No, those indeed are the three main ones.
Howard: So with that, if you want, we can talk a little bit about trademark products first.
Shannon: Yeah, let's go ahead and go through that.
What if Your Product is Trademarked?
Howard: So what I would like to leave folks with at the 30,000-foot level is trademarks are great. But it's not the case that just because you have a trademark that means you can shut down an unauthorized distributor. So it's not that simple.
So the reason being is that this First Sale Doctrine, which is what we were just talking about, which is the freedom of people to buy and resell something, so upon your first sale of the product, the idea is that your rights in it generally are extinguished and the buyer can do whatever he or she wants with it.
This First Sale Doctrine also applies to trademarked goods. So it's not the case that just owning a trademark sort of gives you the license to go around shutting down any unauthorized distributor. Sorry. If you have a question, I can stop.
Shannon: No. I was going to mention that's one of the big questions I get from brand owners. They will say, "This person is selling my product on Amazon. They're using my trademark term. That's trademark infringement," and technically it's not as long as the product is in fact their trademark brand and product.
So it's only if somebody is using your trademark term to sell their own product, which is not your genuine product. That would actually be considered trademark infringement against specifically on Amazon in this case.
Howard: Exactly. Yeah. I mean passing off counterfeit or knockoff goods as trademarked goods, clearly that's problematic and you can go after people for that and people frequently do. But here we're talking about somebody who somehow buys your actual product. It's the real thing. It's the real deal and then they're reselling it and so there is a way, which we will talk about in a second, to try to set yourself up in a position, so that you can go after those folks. But it's a little bit complicated and it's – it sometimes works and it sometimes doesn't.
Howard: So the kernel idea here is that trademark law looks to whether the sale of the product is likely to cause consumer confusion. OK? That's kind of the standard and again, if the unauthorized distributor is selling your legitimate product that somehow they bought in an unauthorized sale from one of your distributors, one of your authorized distributors, it's hard sort of on the face of it to establish this likelihood of consumer confusion.
But there is a possible way. So the way is that you are very clear that you have a warranty policy and it's spelled out and documented appropriately in your contracts and agreements with your distributors for one thing and it's also put up on your website probably for another. But it's very clear that it only applies to sales, purchases from authorized distributors. It doesn't apply to unauthorized ones.
So if this is set up right and it's very clear in all the right documentation, what it gives you is the argument to say that these sales by the unauthorized distributors, let's say on Amazon, are causing consumers to be confused about what – about whether if they buy the product, it's going to be covered by your warranty policy.
Howard: And because of that confusion, it's damaging your brand because imagine consumers get the product. They're unhappy with it. They don't like it. They try to return it and then they find out it's not covered by the warranty and they get upset about that. So that's the theory or the hook under which you could go after these unauthorized distributors.
Now, for this to work of course, you have to have in the first place a real legitimate trademark. Then you have to do all these things which I was alluding to, which is this warranty policy has to be developed and it has to be put into your distributor agreements and it has to be posted online probably and so forth and then if you have all that in place, then you have this argument and then we can talk about practically how it works or might work. But let me stop there in case you have any questions.
Shannon: No. I think that the only – the practical takeaway for this is Amazon does not usually allow you to update the warranty section of a product detail page. It will typically just say, "See manufacturer's website," which is one of the reasons why it's so important to post that on your website because that's essentially where Amazon is directing the consumer. But also we have the ability to do it in a graphic form. So essentially we will take either the fuller snippet of the warranty, what a customer can expect to receive if purchased from an authorized seller, and create a graphic that will display as an image on the detail page, conveying that same information and that's of course backed up by what's on the manufacturer's website.
That we find tends to be the most effective. You're not able to add things like a warranty to what's called Enhanced Brand Content, the product description. So there's not a lot of places that you can add that to the Amazon detail page. But we found that images is a great place to do that and currently works to be able to do that.
Howard: Fair enough. So if you've set up this whole process and then you see unauthorized distribution taking place, what it gives you is the option or the ability to contact these unauthorized distributors and sometimes they can be hard to actually find. You know, the actual human being behind the screen name. But you can send them – usually through outside counsel is the best way because it usually gets the most attention. You can send them a cease and desist letter and you can spell out that you have a trademark and that there is this confusion issue and a warranty issue and so forth. Many times, they will back off and they will drop the listing or whatever because it's just not worth dealing with the hassle.
Howard: Shannon, do you want to talk about – before I go on, do you want to talk about what you can do in terms of notifying Amazon about this?
Shannon: Yeah, there's – I mean I think you're correct. There's really not any way that Amazon will get involved unless it moves into the realm of counterfeit or passing off. If it's simply a distribution or exclusive distribution issue, Amazon typically is not going to take any action in regards to that and in fact, they have since started limiting communication with other sellers through the Amazon platform in regards to sending cease and desist. So as you mentioned, that needs to come not only from outside counsel, but also from outside Amazon.
Howard: Uh-huh. So if you do send one of these cease and desist letters, like I said, sometimes the letter alone can be effective. But I think what you should appreciate here is that if they are recalcitrant, if they're just ignoring you, you can certainly send another letter. But at some point, the only other option you have is to go to court, right?
So if you issue the cease and desist letter and it doesn't work, you do have still an option. But in many cases, especially because the amount – the dollar amount is not necessarily huge, the dollar amount at stake, you may sort of hit the end of the road at that point. I know people don't like to hear that.
But I'm just trying to be honest about it and it would be easy for me, for other lawyers, to go around saying, "Yeah, just file a bunch of lawsuits because that would make us – I suppose more fees." But oftentimes, it's just not worth it unless you're talking about something where, you know, tens or hundreds of thousands of dollars of product is at stake.
Shannon: Well, this goes back to the earlier point that I made at the beginning, which is once you have identified a seller who's either unauthorized or violating MAP, the most effective method is not necessarily through legal means but by cutting out the distribution. If they no longer have access to legitimate product, then they no longer have the ability to continue selling and that's where we have resources and tools that we refer people to that have the ability to identify who those sellers are and then through things like serialization and other aspects, to be able to figure out where they're getting the product and cut them off from a sourcing standpoint, which is again the most effective way to enforce distribution.
What if Your Product is Patented?
Shannon: Let's go ahead and move on to the second component which is patent, so products that have been patented and just talk a little bit about what that looks like and how that might apply from the distribution enforcement standpoint.
Howard: Right. So I will try to keep this high level and brief again. So the bottom line here again is that this First Sale Doctrine comes into play. So it is not the case that just because you own a patent, that means you get to control whatever happens to the product as it flows through commerce downstream.
So for example, if you own a patent on a bicycle and you licensed somebody to make the bike and then to sell it to consumers, the – once that sale is made to the consumer, because it's an authorized sale, the law says that your rights, your patent rights are essentially exhausted. So you can no longer go after the consumer if the consumer wants to resell the bike, wants to take it apart, wants to put it back together again and sell it to his buddy. It's all outside your bundle of patent rights.
So what you can do, if you have a patented product, is impose field of use restrictions. So you can license somebody to sell only online or you can license somebody to sell only in one part of the country but not another part of the country or you can license somebody to sell to commercial businesses but not individuals or vice versa and all those kinds of restrictions are typically permissible and enforceable. OK?
But again, if somebody buys your product and it's an authorized purchase, even if it's patented, when they do that, they can resell it sort of in the free and clear end. So you no longer get to control it at that point.
Shannon: That would apply both to somebody who has been licensed to manufacture as well as licensed to sell a patented product?
Howard: Yeah. Yeah. I mean it depends on what the – so it all depends on what rights you're conferring and granting. But again, once there's that – and there are a lot of complications under the patent law which we're not – we don't have time to get into. But once you sell, once you make that sale to somebody downstream, that's going to cut off your rights and you're going to lose control at that point.
But again, if somebody is purchasing through an unauthorized sale channel, OK? They may not acquire that right in the first place. So in theory, that gives you an avenue to pursue there.
Shannon: This could be an example of a grey market for example where you sell to an authorized distributor. But instead of them selling to their authorized resellers, you have one of the employees selling products out the backdoor. Would that be a good example of what that might look like in terms of that first sale is not authorized?
Howard: Yeah. Sorry, yes, that would be such an example. Yeah.
Shannon: OK. In terms of patents then, just really high level, what are the main conditions that somebody would want or need to patent their product? I think obviously there's not a ton of ambiguity there. But just very high level. If somebody has a product that meets these conditions that they've essentially invented or created, should they get a patent?
Howard: So that's a really interesting and complicated question. It raises a lot of issues, right? So – and I can touch upon just a few of them.
Howard: Yeah, just high level. So for example, let's assume that you can get the patent, which is a whole process onto itself, which can take a long time and can cost a lot of money.
So if that's the case, you may not want to get a patent. So that's one consideration you have to balance. Again, against the time and expense of getting one.
Then I guess maybe on the flipside of that is having a patent, if you have one. It really does give you a lot of power or benefits. You can sue people for infringing it, right? You can use it to protect your brand. You can probably in many cases improve your pricing and your profitability because of essentially the patent monopoly that you're granted by the patent office. You can keep other folks off the market during the term of the patent. So – yeah. Sorry, go ahead.
Shannon: This is a good example of something where Amazon will take action and so there's a lot of stories out there where if somebody discovers a product on Amazon that is essentially virtually identical to their product, that if they are able to submit that patent to Amazon, Amazon will take that listing down very likely to protect again the platform and also to protect Amazon from any legal recourse in that regards.
What if Your Product Has or Contains Copyrighted Material?
Shannon: OK. Well, that is helpful. Let's move on to copyright and copyrighted material. Let's again sort of define that briefly and then go into some specifics in terms of how brand owners can protect their copyright in regards to the Amazon platform.
Howard: Right. So again, just I will give you a very, very brief overview. So yes, you can have a copyright. Maybe the product that you're making is itself copyrighted material. Maybe it's a book or photographs or whatever. But you also may have copyright claims in a manual that comes with your product or the text – some of the text included on the product packaging could in theory be copyrighted.
So a lot of products, actually there may be a copyright claim associated with them. The issue though once again, not to sound like a broken record is in copyright, there is also a version of this First Sale Doctrine and so typically, if you own a product and you sell it, even though there's a copyright in – if it's a book and the product itself or in the manual or some aspect of its packaging or whatever, you were right to get extinguished at that point.
Now importantly, that only extends to the actual copies sold. So somebody who buys your copyrighted product can resell it and they're free and clear. But what they can't do perhaps obviously is just make a bunch of copies of it and sell those. That would infringe your copyright.
Shannon: Yeah, and again in terms of Amazon and brand owners, the two primary aspects that we see this are the copy that you use to describe the product. So maybe the copy on your website, the copy on your Amazon listing and then primarily the product images. They're the primary product images or in some cases the additional lifestyle images that you have.
So if a reseller goes on your website, grabs your copyrighted images and uses the copy from your website to create an Amazon listing, that in many cases is a copyright violation and Amazon will take that seriously, if you can point them back to the place where the customer or the reseller grabbed that copy or that image from your website.
Those are the primary places that we see that being used. One caveat to note is for Amazon, if I as a brand owner create a list in a detail page of my product on Amazon and I upload my photos and I create copy for the detail page, the product features and descriptions, I give Amazon non-exclusive right to use that basically throughout Amazon globally.
So essentially somebody will say, "Well, I've uploaded my images and my copy and now Amazon is continuing to use them even though I'm no longer selling on Amazon." That was essentially the right and the non-exclusive right that I gave them when I created that detail page and listing. The question is, if somebody else uses your images without your permission or approval, that's where the copyright infringement typically comes into play.
Howard: Right. So yes, and so there may be cases where you can get them to stop using that. But again, even if you're successful, what you can't get them to do, at least under copyright law is to stop selling or reselling the actual product.
Shannon: Right. In terms of registration, we know that obviously trademark done through the US Patent and Trademark Office is critical to get a registered trademark. Patents again are something that have to be done through the same office.
In terms of copyright, what is the typical recommendation or the caveats in terms of whether or not you actually need to register for example your images with a copyright office or your product copy with the copyright office in order for that to be covered under US copyright law?
Howard: So I will give you a very generalized answer here. So the copyright is sort of inherent in the text as you write it. I mean it's there and you can put a little copyright symbol on it yourself to indicate that you're claiming it. There are some marginal – I guess I would say marginal protections, especially if you go to court and fight about it, but actually registering a copy with the copyright office. But that's typically not a step you necessarily need to take.
Shannon: Yeah. Again in terms of Amazon, I think that the place where this is most useful and helpful is in terms of copyrighted images. So you can do a link back to your website where maybe a reseller grabbed a copy of your image. But they do ask for it. It's optional. But if you can provide a copyright number for example where you have copyrighted all of your product photos, it's not a bad idea and it should be considered by brand owners to make that investment, to copyright your images, especially if there's a potential likelihood that they might be reused. So you have an actual copyright number to go back to and submit with Amazon or any infringing marketplace.
Howard: Yeah. Yeah, it may make it probably too easy.
Shannon: Well, I think that's – is there anything else that you wanted to cover in regards to copyright before we do a general wrap-up of the topic?
Howard: No. I think that's good.
Shannon: So give us the overview. We've covered a lot of information in terms of the distribution enforcement, in terms of MAP. If you can just sort of recap the high level points again, whether – they're not specific recommendations for anybody but things that would be considered important for any brand owner in order to maintain some type or aspect of legal distribution. If you could just cover those in terms of a summary, that would be great.
Howard: Yeah, sure. So just to recap, you're going to want to strongly consider having a rationalized distribution system, not sort of a hodgepodge of chaotic relationships and to do that, you're going to want some distributor agreements in place and you're going to want to specify in those its appropriate channel and territory and sales restrictions and the like.
On the pricing front, you're going to want to consider a MAP program, which will enable you to maintain control over advertised pricing and then on this unauthorized distribution front, one of the tools that you're going to want to at least think about is getting a trademark and then setting up a warranty policy to work hand in hand with the trademark, so that you have the argument that folks selling your actual product online but in an unauthorized manner outside the warranty are infringing that mark. So I would say those are the three big takeaways.
Shannon: Yeah, and then you mentioned in terms of a – if a product is patented or copyrighted, consider a licensing agreement. Just recap real quickly what that would mean or look like for a potential brand owner.
Howard: Oh, sure. So, well, it could be a separate agreement. It could be part of the distribution agreement. But it would specify what rights you're giving the distributor and typically that might be – while they're in good standing and they're an authorized distributor, they're allowed to display your mark, your trademark on ads online for example. But they don't thereby acquire any ownership or other interest in it, certainly not after they are terminated as an authorized distributor.
There are similar sorts of things you may want to do with other IP that you own. But that – by specifying who has what rights, you protect your own ownership interest and make sure it's not diluted and then you may give yourself avenues to pursue for example unauthorized sales which don't exhaust your patent rights, let's just say.
Shannon: Yeah. Well, Howard, thank you so much for your time today. I appreciate it. Again, if you have any questions or would like to read up on this or contact him, he has a website called MyDistributionLaw. That's www.MyDistributionLaw.com. That link will be available below the webinar and again Howard, thank you again so much for taking the time to share some of this information with our audience.
Howard: Yeah, my pleasure. Thanks so much. Thank you Shannon.


I've got a big digital mouth. Last time, I wrote on frequencies using R, noting cavalierly that I'd done similar development in Python/Pandas. I wasn't lying, but the pertinent work I dug up from two years ago was less proof and more concept.
Of course, R and Python are the two current language leaders for data science computing, while Pandas is to Python as data.table and tidyverse are to R for data management: everything.
So I took on the challenge of extending the work I'd started in Pandas to replicate the frequencies functionality I'd developed in R. I was able to demonstrate to my satisfaction how it might be done, but not before running into several pitfalls.
Pandas is quite the comprehensive library, aiming "to be the fundamental high-level building block for doing practical, real world data analysis in Python." I think it succeeds, providing highly-optimized structures for efficiently managing/analyzing data. The primary Pandas data structures are the series and the dataframe; the Pandas developer mainly uses core Python to manage these structures.
Pandas provides a procedure, value_counts(), to output frequencies from a series or a single dataframe column. To include null or NA values, the programmer designates dropna=False in the function call.
Alas, value_counts() works on single attributes only, so to handle the multi-variable case, the programmer must dig into Pandas's powerful split-apply-combine groupby functions. There is a problem with this though: by default, these groupby functions automatically delete NA's from consideration, even as it's generally the case with frequencies that NA counts are desirable. What's the Pandas developer to do?
There are several work-arounds that can be deployed. The first is to convert all groupby "dimension" vars to string, in so doing preserving NA's. That's a pretty ugly and inefficient band-aid, however. The second is to use the fillna() function to replace NA's with a designated "missing" value such as 999.999, and then to replace the 999.999 later in the chain with NA after the computations are completed. I'd gone with the string conversion option when first I considered frequencies in Pandas. This time, though, I looked harder at the fillna-replace option, generally finding it the lesser of two evils.
The remainder of this notebook looks at these Pandas frequencies options for the same Chicago crime data with almost 6.6M records I illustrated last time. I first build a working data set from the downloaded csv file, then take a look at the different options noted above, finally settling on a poc frequency function using fillna-replace.
Gratuitously, I also demo rmagic from the rpy2 Python package that allows R capabilities to be included in a Python program, much as the R package reticulate does in the other direction. Both rpy2 and reticulate are harbingers of soon-coming inclusive interoperability between R and Python. That's all good for data scientists!


text:
Q: Finding the polygon that has a specific point I am using mapboxgl's geocoder to get the coordinates of a user's input. I have a geojson file that has data pertaining to the polygon regions, and I want to be able to match this data to the searched point.
I tried used turf.js, but I get a pretty generic error: TypeError: Cannot read properties of undefined (reading 'length')
let pt = turf.point([ -120.459644 ,38.13742 ])

let data = geojson.features.find(d => turf.booleanPointInPolygon(pt, d.geometry.coordinates))

Am I doing something wrong here? Is there another way?

redpajama_set_name: RedPajamaStackExchange


text:
News Sports Memphis Tigers Business Opinion Obituaries E-Edition Legals
DeSoto County high school football preview
Khari Thompson
The Commercial Appeal continues its high school football preview series with a look at DeSoto County. There will also be previews of Class 6A and 5A, Class 4A and 3A, Class 2A and 1A and Division II.
Josaih Hayes, Horn Lake, Sr.: Hayes is a four-star Ole Miss defensive line commitment who had 76 tackles, 11 tackles for loss and 7.5 sacks last season. He is the No. 2 prospect in the state, according to the 247Sports Composite.
Jakivuan Brown, Horn Lake, Sr. Brown was a first-team all-state selection at tight end last season. He is primarily being recruited at outside linebacker. He is committed to Ole Miss.
Xavier Hill, Olive Branch, Sr. Hill impressed scouts in his first season playing organized football. The 6-foot-3, 325-pound offensive lineman is committed to Alabama.
Jevon Banks, Olive Branch, Sr. Banks is a three-star defensive end who is committed to Mississippi State.
Kahlil Benson, Southaven, Sr. The 6-foot-5, 325-pound three-star offensive lineman is committed to Ole Miss.
Caleb Offord, Southaven, Sr. Three-star cornerback who is committed to Notre Dame.
Cameron Threatt, Lewisburg, Sr.: Three-star cornerback who is committed to Mississippi State
Isaiah Brevard, Southaven, Jr.: Four-star receiver with offers from Ole Miss, Mississippi State, Texas A&M and Duke, among others.
Fred Watson, Lake Cormorant, Sr.: Three-star safety is committed to Louisiana Tech.
West Point at Horn Lake, Aug. 23, 7 p.m.
Defending 6A state champ Horn Lake opens the season by hosting defending 5A state champ West Point, which shut out Olive Branch in last year's 5A North Half title game.
Whitehaven at Southaven, Sept. 20, 7 p.m.
Southaven hosts TSSAA Class 6A runner-up Whitehaven. The game will feature four Power-Five commitments in Martavius French (Arkansas), Tamarion McDonald (Mississippi State), Kahlil Benson (Ole Miss), Caleb Offord (Notre Dame), as well as four-star linebacker Bryson Eason, who hasn't committed yet.
Horn Lake at Olive Branch, Oct. 11, 7 p.m.
Olive Branch was DeSoto County's best 5A team last year. This year the Conquistadors take on new region foe Horn Lake.
Storylines to watch
Can Horn Lake repeat?
Last year Horn Lake went 15-0 and captured its first football state title. The question is, with Nakobe Dean and Raydarious Jones now in the SEC, will the Eagles be able to do it again?
Olive Branch in 6A
Olive Branch has finished the last two seasons the same way, with a 12-2 record and a loss in the Class 5A North Half title game to West Point. This year, the Conquistadors move up to 6A.
Trench work
The county's top-three highest rated players according to the 247Sports Composite — Hayes, Hill and Benson are lineman who are committed to SEC schools.
Region predictions
Region 1-5A
1. West Point
2. Lafayette
3. Lake Cormorant
4. Center Hill
5. Grenada
6. Saltillo
8. New Hope
1. Horn Lake
2. Olive Branch
3. Oxford
4. Southaven
5. Tupelo
6. DeSoto Central
7. Hernando
8. Lewisburg

redpajama_set_name: RedPajamaCommonCrawl


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A cold front arrived Thursday afternoon, Nov. 21. High temperatures dropped about 40 degrees, accompanied by at least three days of ice and snow.
Other crops such as peanuts and sorghum are nearly completely harvested region-wide.
Calvin Trostle, an agronomist with Texas A&M AgriLife, said the only commodity still growing is winter wheat. And even as cold as they felt, temperatures didn't dip below the threshold of what that crop can tolerate, he said.
"I'm not really expecting any significant damage from the cool weather we had," he said. "Our wheat varieties have adaptation to growing under cooler conditions."


text:
Post Office hopes for stamp of approval by launching its own mobile network
By Hugh Langley 2014-07-08T12:00:00.188Z Mobile phones
The PO is catching up with the times
Big up the Big Red
Well here's one we weren't expecting: the Post Office is hoping to shake up the market by launching its own mobile service, which will run on EE's network.
Promising to offer "great value for money and transparency in a market dominated by complex offers", the Post Office says it'll offer its contracts online or in one of 50 branches across the country starting this autumn - with a wider rollout planned for later in the year, it tells us.
The Post Office - which will also be offering up some currently-unspecified handsets - is a big name to enter the arena and its main competition will likely be Tesco and Asda. Of course, it's not entirely shocking, as the Post Office already offers home phone and broadband bundles.
"We're delighted that the Post Office has selected EE to power its mobile services, reinforcing our position as the UK's biggest, fastest and most reliable network," an EE spokesperson told TechRadar.
We've not been given any information on prices just yet but we expect they'll be pretty competitive. But if the SIM doesn't come coloured like a postage stamp then we don't know why anyone's bothering with any of this.
Speaking of EE, check out our review of the network's buget Kestrel phone
Amazon Prime Day 2019: UK deals live now ahead of the 48-hour event
Nintendo Switch vs Nintendo Switch Lite: is bigger really better?
iPhone 12 could finally see Apple drop the notch
Best Amazon Prime TV shows (July 2019): the best series to watch this month


text:
Home › Entertainment › Entertainment News
Good Music, Inspiration, Tributes Dominate The 2019 BET Awards [VIDEO]
MESKIN FEKADU, AP, additional reporting, Tonya Pendleton
The 2019 BET Awards packed a lot into a nearly four-hour show. There were Lifetime Achievement Awards, there were tributes galore. There was a moving performance in honor of the late Nipsey Hussle. Regina Hall managed to quickly move herself to the short list of best BET hosts ever, while simultaneously paying homage to a changing Washington, D.C., her hometown. And of course, there was music – Cardi B., LIl Nas X, Mary J. Blige, Migos, H.E.R., Fantasia, DJ Khaled and John Legend represented music and artists both old and new. Even Rihanna showed up as did the Exonerated Five.
Hussle, a respected and beloved community activist in South Los Angeles who was shot to death on March 31, posthumously earned the Humanitarian Award on Sunday night. His family, including his mother, father, grandmother, children and girlfriend, actress Lauren London, accepted the honor on his behalf.
"I just want to thank you guys for all the love and support, and the marathon continues again," London said onstage at the Microsoft Theater in Los Angeles.
Regina Hall gave the BET Awards everything it has been missing. #BETAwards
— ✨🌷 (@_mariaaaaaaaa) June 24, 2019
John Legend, DJ Khaled, YG and Marsha Ambrosius celebrated Hussle, born Ermias Asghedom, with a performance ending in "Higher" the last video he would appear in.
Blige, who earned the Lifetime Achievement Award, ran through her hits during a lengthy performance, which featured Lil Kim and Method Man. The R&B star went from "My Life" to "No More Drama" to "Just Fine," when audience members turned the aisles into "Soul Train" lines as they showed their best dance moves while the Queen of Hip-Hop Soul sang onstage.
Rihanna presented Blige with the award, who earned a standing ovation as she walked to the stage.
"Yeah, I know, a lot of hair," she said in her curly blonde-do. "It's a big day."
"Mommy, I love you and I want to thank you for your love and understanding," Blige said as her mom teared up in the audience.
This has been the best BET Awards I've watched in a long time, I had a ball tweeting with y'all Regina Hall was amazing!! See y'all next year!!#BETAwards pic.twitter.com/fT3M2gyEWo
— 🖤❄Tina Snow 🖤❄ (@BlackMermaid34) June 24, 2019
The nine-time Grammy winner and two-time Oscar nominee went on to thank her father, saying she was happy their "relationship is healed." She also thanked her siblings, nieces, nephews, cousins, aunts, uncles and friends, including longtime collaborator Diddy.
Another standing ovation during the nearly four-hour show came when The Exonerated Five — whose profiles were recently raised with the release of a Netflix series based on their lives — introduced a performance by R&B singer H.E.R. and rapper YBN Cordae. Korey Wise, Kevin Richardson, Yusef Salaam, Raymond Santana and Antron McCray spoke onstage as audience members got out of their seats to cheer them on. Directed by Ava DuVernay, "When They See Us" tells of the wrongful conviction of five black and Latino teenagers for the 1989 assault on a white female jogger in Central Park.
Angelique Smith, mother of late rapper Nipsey Hussle, accepts the humanitarian award on behalf of her son at the BET Awards on Sunday, June 23, 2019, at the Microsoft Theater in Los Angeles. . (Photo by Chris Pizzello/Invision/AP)
The audience also erupted in cheers for media mogul Tyler Perry, who earned the Ultimate Icon Award, presented to him by Taraji P. Henson.
"When I built my studio, I built it in a neighborhood that is one of the poorest black neighborhoods in Atlanta so that young black kids could see that a black man did that, and they could do it too," Perry said. "The studio was once a Confederate army base … which meant that there were Confederate soldiers on that base plotting and planning on how to keep 3.9 million negroes enslaved. Now that land is owned by one negro."
Lil Nas X also got the loud applause from the crowd when he brought his global country-rap hit "Old Town Road" to life with a performance at a makeshift Western saloon alongside country singer Billy Ray Cyrus. In a yellow fringe jacket, yellow chaps and a black cowboy hat, Lil Nas X worked the stage as dancers in denim shorts, leather vests and cowboy hats performed behind him.
Lizzo also had a fiery performance with "Truth Hurts," which featured her playing the flute while twerking. Cardi B, the most nominated act with seven, kicked off the show with an explosive performance. She won album of the year for her major-label debut, "Invasion of Privacy," during the live telecast.
"I'm glad I made an album that your sister, your mother, your grandmother (likes)," she said of the project, which also won the Grammy for best rap album earlier this year.
Actress Regina Hall, who hosted the show, told a number of jokes throughout the night. She was hilarious after Regina King — who won an Oscar this year for her role in "If Beale Street Could Talk" — was announced as the winner of best actress, an award Hall was also nominated for.
"She said King? So I lost?" Hall asked when a producer followed with: "We need you to announce the next performance."
"Why am I announcing the next performance? That's why I hosted (the awards show)," Hall said. "You tell them I said, 'You can go to Beale Street and get the (girl) who won and you let her introduce it.' "
BET Awards 2019	, cardi b	, D.C.	, music awards	, Washinton
4 thoughts on "Good Music, Inspiration, Tributes Dominate The 2019 BET Awards [VIDEO]"
Sharon on June 24, 2019 at 4:51 pm said:
I truly enjoyed the show tremendously from beginning to end. Enjoyed Mary J. and Rihanna. Great show not bombarded with Carters.
Rayar Johnson on June 24, 2019 at 5:46 am said:
Awesome Baby
Anonymous on June 24, 2019 at 2:43 am said:
B.E.T. Is the worst. They need a new recipe. They cause a negative atmosphere to T.V. That I do not like!
Buster on June 24, 2019 at 8:41 pm said:
I agree. The only part with any tack was Tyler and Taraj. The show was classless. Ever since Viacom has taken over the award shows and programming is very suspect. didn't even know that The awards show was even on if I had not been surfing the TV guide. After watching for a little bit I saw why. Just tacky. Also Mary J. Bridge is not the Queen of R & B.


The Tour of Mull is the second biggest event in the UK after the Network Q World Championship Rally. There would be around 160 stage miles over three legs (Friday night, Saturday afternoon and Saturday night). It would also be the first time that the team had rallied in the dark.
Gordon, Ian and Rab Walker (who would be helping to service with us) arrived on the Wednesday. Sam and Brian would join us on the Friday. The weather was very nice on Wednesday and Thursday and we were able to go over all of the stages and check all of our route notes to ensure they were OK. Typically for the Tour of Mull Friday was very wet and it looked as if the rain was on to stay for a while. Although we hadn't planned to go over any stages on the Friday morning we decided to go over two of them on the way to ferry to meet Sam just to get an idea of how wet the roads were getting.
We started at 10:05 on Friday night and headed out of Tobermory to the first stage. Unfortunately a spectator had fallen ill and the ambulance had to go into the stage to get them. With no medical cover for that stage and with time running out the organisers cancelled the stage which meant had to wait a little longer to have our first go at a night stage.
Stage 2 went OK although we were a little cautious to start with as we got used to the grip levels in the rain and also driving in the dark. We were caught and passed by the car behind us about half way through the stage but other than that there were no problems.
After another stage we then went to service but there were no problems with the car so it was just a routine check over and then we were on our way again. We then completed the last four stages of the night without any problems and got back to bed around 4 o'clock on Saturday morning.
The car had been working fine but the engine felt a bit under powered so we got Sam to have a look at it and he reset the timing and got it running a bit smoother. After that we headed for the restart in Tobermory just before 1 o'clock on Saturday Afternoon. The first couple of stages were a bit slippy as a car in front had been dropping some oil on the road but we didn't have any problems to speak of. The car was struggling to get off the line and the clutch was starting to smell a bit so we decided to change the tyres at service and put on smaller 13inch wheels on the back to try and reduce the strain on the transmission.
The next couple of stages went OK although it was still slippy with some oil still being dropped. On the second last stage of the day we had our only worrying moment. A Subaru in front of us was having some trouble and was going very slowly so we caught it fairly quickly after the stage start. It seen us coming and pulled over but unfortunately it used a passing place just after a humpback bridge. We had added to the notes that Gordon was to keep tight to the drivers side going into the bridge and there would be enough space on the exit if we used the passing place. We hit the bridge quite hard which sent the car airborne, it then became obvious that we were going to land fairly close to the parked Subaru. Luckily we missed it by about a foot and were able to continue.
The car had been giving a slight vibration off of the steering after it had landed from the humpback bridge but this was the only problem. The service crew got the front of the car in the air and checked everything out which cured the problem. We started the third and final leg at around 10:30 on Saturday Night and things went well. On the road sections we suffered from the intercom and the map light both switching off momentarily. Then on the last stage before service they both went off for about 4 seconds just after the stage start. This meant Ian couldn't read the notes and Gordon couldn't hear anything. They then came back on and everything was OK for the remainder of the stage. At service Sam tightened up all of the electrical fittings in the fuse box and this seemed to cure the problem.
Only 3 stages left between us and the finish. On the second last stage the Subaru we had passed in the morning got his own back as now repaired he was working his way back up through the field. The last stage proved to be very difficult as the stage had been stopped and while we were waiting for things to get started again tiredness really started to set in. After about a forty minute wait the stage got restarted but it was very difficult to regain concentration for that last 14 miles. We were very slow through the last stage but fortunately didn't have any problems and finally finished in Tobermory at 3:30 on Saturday night.
Mull was a very enjoyable experience and as all we had set out to do was finish we were delighted with 79th overall and 10th in class, which wasn't too bad from 160 starters 23 of them in our class.


Compost can be easy to make and offers many benefits, from helping your garden grow greener – for free – to lightening the load in your curbside yard waste bin.
The basic ingredients for compost are "browns," "greens," air and water. Browns like fall leaves and woody materials are high in carbon, an essential energy source for microorganisms in the compost. Greens like grass clippings and fruit and vegetable trimmings are high in nitrogen, an essential nutrient for the decomposer organisms.
For fall leaves and small garden clippings (six inches or shorter), a simple pile covered in winter and kept a little moist in summer will break down in about a year. Larger woody materials and fruit and vegetable trimmings do require a little more effort to compost, but not much.
Soil organisms from compost continuously generate fertilizers for your plants so you don't have to. Bacteria, fungi, and other microscopic organisms dissolve minerals in tiny rocks, recycle nutrients in dead plants and animals and release these into the soil where roots can absorb them. Some bacteria even "fix" nitrogen from the air, making it available to plants. To ensure these little workers stay on task, avoid fast-acting fertilizers and pesticides, maintain proper moisture levels, and keep all soil covered with mulch or living plants.
A compost pile is a teeming community of microorganisms that help break down yard debris into compost. Help speed up the composting process and avoid common problems by following Metro's recipes for success.
As simple as it may be to set up a composting system, even seasoned professionals can encounter an occasional problem. Here some of the most common issues along with recommendations for success.
Learn about composting with worms and follow these easy steps to build your own worm bin.
As simple as it may be to set up a worm bin, even seasoned professionals can encounter an occasional problem. Here some of the most common issues along with recommendations for success.


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text:
Q: "success=n" control syntax in pam.conf / pam.d/* files  After sucessfully configuring Kerberos, this is what I've found in /etc/pam.d/common-auth file:
auth    [success=2 default=ignore]      pam_unix.so nullok_secure
auth    [success=1 default=ignore]      pam_winbind.so krb5_auth krb5_ccache_type=FILE cached_login try_first_pass
auth    requisite                       pam_deny.so
auth    required                        pam_permit.so

Does the success=2 control value mean that if the pam_unix.so fails, the authentication skips to the auth requisite pam_deny.so line or to the last line?

A: pam.d(5) - Linux man page

For the more complicated syntax valid control values have the following form:

  [value1=action1 value2=action2 ...]

  The actionN can be: an unsigned integer, n, signifying an action of 'jump over the next n modules in the stack'

What the common-auth says:

*

*If local UNIX authentication returns success, jump two modules over to 4th module (module 1 + 2 modules to jump -> module 4). Otherwise ignore the result of the local auth and move to the next module.

*If winbind (replaced with sssd these days) with kerberos authentication returns success, jump one module over to module 4. Otherwise ignore the result of the local auth and move to the next module.

*Deny the authentication request. The result is finalized as DENIED and PAM stops there (the action defined for requisite control).

*Permit all. The result is finalized as PERMITTED but move to the next module (the action defined for required control). However there is no module left to execute, so it ends there.

A: From my understanding, success=$num will specify how many rules to skip when successful.  So if either pam_unix.so or pam_winbind.so succeed, PAM will skip to the final line.  Of course, the final line permits access in all cases.


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Join us for our signature #TwilightMarket on the beautiful Lourensford Estate in Somerset West! The ultimate night market experience in the winelands.
Bring your loved one, family, friends or even your four-legged kids! Great quality food, a variety of artisan goods stalls & live entertainment!
The market will be open on Friday, the 26th of April from 17:00 – 21:00.
Entrance to the market is free and all doggies on leashes are welcome.
The Lourensford Market is open every Friday evening from 17:00 – 21:00 and every Sunday from 10:00 – 15:00 come rain or shine!
For more info, visit our Facebook Page.


Determining if life ever existed on another planet is one of the main goals of space exploration. Since it is believed that liquid water is a basic ingredient for life, an important step in the search for extraterrestrial life is to determine if liquid water exists in other planets. The recent discoveries of liquid saline water or brines, and evidence for methane on Mars have excited the science community by reviving the possibility of extant microbial life in this nearby planet. This talk will describe the discovery of evidence for liquid water by Phoenix and new photometric and spectral evidence that liquid saline water exists on Mars.


July 10, 2017, 2:44 p.m.
In this technological day and age, going out for a fun night without a cellphone is like enjoying a nightclub from the 1700's. You need your cellphone to share all of your memorable moments, meme-worthy jokes of the night, and tag unsuspecting targets in many 'flattering' photos. With that said, there are numerous apps that can enhance your nightlife experience, apps that are worthy of your thumb hitting the "download" button. Let's get to know them so you can get on the road to being the best party monster in NYC.
If you are looking to make the most out of your nightlife experience by being the social butterfly of every group, Social Status is for you. This app allows you to get to know where the best crowds are at and what is going on at each venue. Search restaurants, nightclubs, bars, and many other establishments to see which mood fits your social-ability for the evening. Whether you want a more relaxed crowed or a fun gathering of clubby folks, Social Status will help you find your gang. This app also gives you an estimate of how crowded an area will be, so you can better plan ahead.
This app is your personal event finder. This app will search through millions of data sources to find the best events suited for you. Everything from concerts, to happy hours, and nightclubs and bars, this app will find the best places with the best crowd. Find the hottest events or offbeat things to do. Either way, your evenings will never be dull.
Do you plan on buying yourself a delicious bottle of wine for a night in with your best pals? Well, check out this handy app that gives you cash back with your alcohol purchases. That is right, buy booze, get money back. Scan receipts and save money, receive discounts on future purchases, and at times find the best deals for grocery items. Buy wine, save money! Does not get better than that.
If you require upscale bottle service, then InList is for you. Get the VIP treatment for the best events of the evening in over 45 different cities in the U.S. Receive upgraded tables, points towards future purchases, and receive exclusive invites to some of the world's most trendy events. Everything from galas, to concerts, and nightlife events, InList will keep you on the it lists. Get 24/7 access to a nightlife expert to book reservations, receive tips, and advice on things to do and places to attend near you. As the NYC Rooftop Bar experts, we highly suggest this app!
Share your perfect night with your circle of closes friends. Create a group of friends, pick the availability, and share information on where and when to go out. You can privately share your location and quick chat with your circle of friends to better make plans. Also, set your status to one of five available options and see your friends availability on a specific evening and time.


When it comes to doing business in East Europe, English and Russian alone are not sufficient. There are independent states with official language status in Eastern Europe. Target your country with the language of the market and grow business.
The following are languages spoken and has official language status in respective countries of Eastern Europe.
Armenian Armenian is officially recognized in Armenia. It also spoken in Russia, Georgia and Iran. There are approximately 7 million people who speak Armenian language.
Albanian Official Language of Albania. The language is also spoken in Macedonia and Kosovo. The language is spoken by approximately 6 million people.
Bulgarian Official Language of Bulgaria having a native population of 7.4 million in Bulgaria and another 4.6 million spread across Ukraine, Moldova, Greece and Serbia. The language belongs to South Slavic group.
Croatian Official Language of Croatia. Croatian is also spoken in Bosnia and Herzegovina.
Czech Official Language of The Czech Republic. Czech language is also spoken in Austria, Germany and Slovakia. It uses Latin alphabet. Czech is native language for 12 Million people in Europe.
Georgia It is an official language in Georgia. Georgian is also spoken in Turkey, Armenia, Azerbaijan, Greece, Iran and Russia.
Hungarian Official Language of Hungary. Hungarian is also spoken as native language in Romania, Slovakia, Slovenia, Serbia and Austria. There are a total of 15 million native speakers of Hungarian Language in Europe.
Kazakh Kazakh language belongs to Turkish Language family. It is the official language of Kazakhstan and has 12 million native speakers.
Latvian Latvian is the official language of Latvia and spoken by 2 million people. It resembles closely with Lithuanian.
Macedonian The language belongs to South Slavic Language Group. Macedonian is the official language of the Republic of Macedonia and is also spoken in Albania, Greece and Bulgaria.
Bosnian Bosnian is the official language in Bosnia and Herzegovina. It is written in Latin alphabet and closely resembles Serbian and Croatian language. Bosnian is spoken by 3 million people.
Romanian Romanian is also official language in Moldova. It is also spoken in Hungary and Serbia. It uses Latin alphabet and is related closely with Italian, Spanish and French. There are approximately 24 million native speakers of Romanian in Europe.
Russian Spoken as Native language by 145 million people and another 110 million people as a second language. Russian is written in Cyrillic language. It is a East Slavic Language group together with Ukrainian and Belarusian language.
Slovak Slovak is West Slavic language group. The language spoken in Slovakia, The Czech Republic, Hungary and Ukraine. There 6 million native speakers of Slovak in Europe.
Uzbek The language belongs to East Turkish Language group. It is officially recognized in the Republic of Uzbekistan.The are approximately 21 million people speaking Uzbek language.
Shakti Enterprise based in Mumbai, India is the right destination for professional translation service from any language to any language. We engage with qualified linguists for translation to and from English to any language depending upon your market requirement to see that your multi lingual communication resonates with the same power of clarity as source language.


A traditional senakulo (Passion Play) based on the life and passion of Christ with a contemporary twist. Tanghalang Sta. Ana remolds this Lenten theater tradition for contemporary audiences by injecting current social issues.


Dear MERCY Malaysia's supporters and donors, it was really a wonderful evening! Thanks again for your kind supports and donation!
This entry was posted in Current Programmes, Highlights and tagged Charity Fund Raiser, Malaysia by Skytomato Admin. Bookmark the permalink.


She held back tears throughout her opening remarks.
In a heart-wrenching opening statement, Christine Blasey Ford on Thursday appeared before lawmakers to testify on her sexual assault allegations against Supreme Court nominee Brett Kavanaugh, holding back tears and visibly emotional throughout much of her initial remarks.
The appearance marked the first time the American public had heard from Ford on her allegations.
You can read Ford's prepared testimony in full here.
Dr. Ford's Full Opening Statement: "I Am No One's Pawn."
Watch Dr. Christine Blasey Ford's powerful, emotional, and revealing opening remarks to the Senate Judiciary Committee on Monday, in full.


Provides centrally managed full disk encryption using Windows BitLocker and Mac FileVault, taking advantage of the technology built into the operating system. Seamlessly manage keys and recovery functions from the SafeGuard Management Center. For an even simpler workflow, you can now also manage Windows BitLocker encryption in Sophos Central.


Are Shipping Container Homes Affordable Housing Alternative ?
Comment on Sharon Zhu's blog: Vertical City — Are the Skyscrapers Efficient to Use?
Urban Design, Health and well-being: The impact of Green space.
Comment on – Ryan Conlon's : Sustainable Transport: Reducing Emissions to Improve Health.
Comment on Zack's — Urban Design, Health and well-being: The impact of Green space.
Reflecting on my blog experience.
Comment on – Kelly Tang's : Urban Design and Public Health – What is Blue Space?
Comment on – Ryan Conlon's: Vertical City – Egotistical or Necessary?
Urban Design and Public Health – What is Blue Space?
Vertical City — Are the Skyscrapers Efficient to Use?
Comment on – Sharon Zhu – Neighbourhood Design and the Garden City.
Vertical City – Egotistical or Necessary?
Neighbourhood Design and the Garden City.
Trip to New York City & It's Amazing Skyline.


David Maraniss is a journalist's journalist. By that I mean he is a much respected, diligent researcher, graceful writer and astute interpreter of current events and past occurrences, making it clear how they have affected the lives of the famous people who have been the subjects of his acclaimed biographies.
An associate editor at The Washington Post, Maraniss has written bestsellers about Bill Clinton, coach Vince Lombardi, Vietnam and the '60s, baseball star Roberto Clemente and the 1960 Rome Olympics. How good is he? Well, Maraniss won the 1993 Pulitzer Prize for his coverage of Clinton, was part of a Post team that won the 2007 Pulitzer for coverage of the Virginia Tech tragedy and has been a Pulitzer finalist three other times. He's based in Washington, D.C., and Madison, Wisconsin.
You'd think by three years into his presidency, we'd all agree on what we know about Barack Obama. Yet, due to the egregious political divide that is plaguing our country, misinformation and mystery persists about Obama's early years, partly because some citizens want to believe the worst about him and partly because his backstory is not well known. Maraniss does us a service in this book by presenting a meticulously researched examination of Obama's parents and grandparents, his early life and how his experiences in Hawaii and Indonesia, at Occidental College and at Columbia University, influenced the man and the politician.
The election is not far off. Having enough verified information about the candidates is important for every voter, and well-informed voters are a necessity for a healthy and engaged electorate. This book offers that kind of information is a highly readable style. Whether you admire or abhor the current president, learning more about his life can help you assess whether your perceptions are accurate.
"This is a highly textured and intimate look at the family stories behind Obama …A thoroughly fascinating, multigenerational biography that explores broader social and political changes even as it highlights the elements that shaped one man's life," says Booklist in a starred review.
"Throughout, Maraniss notes Obama's "determination to avoid life's traps." His struggle to find stability in his volatile world is the book's prominent recurring theme…. General readers…will be gripped by this absorbing, graceful account," says Library Journal.
"An exhaustive, respectful study of the president's "shattered genealogy…these same "misfits" in his family, especially his hardworking mother and her Kansan parents, Stanley and Madelyn, embraced the biracial grandson unconditionally, shielding him from the bigotry of the era… Maraniss' portrayal of Barack Obama senior, from astute political mind to abusive husband and self-destructive drinker, is masterful and moving, while "Barry" the son emerges very gradually from the cocoon of his elite Honolulu boarding school to grasp his identity as an African-American young man at Occidental College and then Columbia in the 1980s. Maraniss stresses that Obama's Muslim ancestors encompass only one facet to his complex, fascinating makeup. Another in the author's line of authoritative biographies," says Kirkus Reviews.
"…a revelatory book, which anyone interested in modern politics will want to read, and which will certainly shape our understanding of President Obama's strengths, weaknesses and inscrutabilities. Every few pages Maraniss offers a factual nugget that changes or enlarges the prevailing lore….a richer view of the man we have become familiar with, without really knowing…. after this book we know one public figure much better," says The New York Times Book Review.
"It's not often that a book has the potential to change the course of political history, which is why this one is probably the most eagerly anticipated American book of the year," says NPR.org.


Published: Dec. 7, 2017 at 09:55 p.m.
The honors keep rolling in for Oklahoma quarterback Baker Mayfield.
Mayfield won the Maxwell Award for college football's top player and the Davey O'Brien Award as the nation's top quarterback during the College Football Awards Show on Thursday night. The honor comes on the same day Mayfield was named the top player in college football this year by The Associated Press.
Mayfield's big night could be a prelude for even bigger things later this week. Mayfield, along with Stanford running back Bryce Love and Louisville quarterback Lamar Jackson, is a finalist for the Heisman Trophy, which will be awarded Saturday night.
A former walk-on at Oklahoma, Mayfield has led the second-seeded Sooners into the College Football Playoff. It will play No. 3 Georgia in the Rose Bowl on New Year's Day.
Mayfield passed for 4,340 yards and 41 touchdowns this season.


Check Out The Latest HubPages Viral Hit!
Good morning, Hubbers! Today I'm thrilled to share the inspiring success story of Hubber Carisa Gourley (blessedmommy on HubPages) who, through a collaborative effort with HubPro Editor Kate Rix, has gained a huge readership with her Hub Military Diet: Lose Up To Ten Pounds In Three Days. Carisa's Hub was already popular, and with the help of a HubPro makeover, its popularity has grown by leaps and bounds, culminating in a viral Facebook explosion. In fact, as of last week, it is one of the most successful Hubs of all time!
Although the current viral wave is due primarily to Facebook traffic, her Hub has also improved in search rankings and holds top slots for several prominent Google keywords. It remains extremely popular on Pinterest as well.
Carisa has very graciously given us permission to share the before and after HubPro versions of her Hub and answered a few questions about her Hub and the HubPro process.
You can see the entire HubPro Edited Hub here.
Your Military Diet Hub has received over 24 million page views since you wrote it 7 and a half years ago. How did you feel about your most successful Hub being selected for HubPro—did you think it could be improved?
When my Hub was selected for HubPro, I had some mixed feelings, to be honest. I was excited that HubPages saw the Hub as worthy to be selected for HubPro, but I was a little nervous to let someone else work on it. I thought it was already a pretty good Hub and it had already been pretty successful. However, I'm not a professional and I'm also teachable. I thought maybe HubPro might offer something that I couldn't do for the Hub myself. I have also learned that good things often come when different perspectives and different talents come together with a common goal, so I decided to go through with it. I'm extremely happy that I did.
I cannot say enough about how pleasant that the HubPro experience was for me. Kate, the lady that worked with me on the editing process, was very kind. She never once made me feel like my Hub was inferior; she was only enthusiastic to offer her service on making it better. She kept up timely communication with me during the whole process and explained every step in detail. She respected my input when I had something to say. She was a team player and never did anything that took me by surprise. I was able to see all the changes as they were being made and give feedback if desired.
How do you feel about your Hub now that it has been through HubPro?
I'm very proud of my Hub now and I love the end result! It's like I built a house and HubPro came and painted and decorated it for me. It looks so polished and professional. It's colorful and beautiful. I love it!
What's it like to have millions of people engaging with your Hub and wanting to share it with their friends?
It's an overwhelming feeling to say the least. I just can't wrap my mind around it. It's a feeling of awe. After my Hub came through HubPro there was an enormous traffic increase! I went from having pretty good street traffic to having a full blown interstate! The traffic increase has been so amazing that sometimes I just open up my stats and stare at the page with amazement!
You have 70 other Hubs. Do you plan to update and edit any of them?
Yes, I do plan to update several of my other Hubs. Now that I have seen what a little color and strategic wording can do for the success of a Hub I'd be foolish not to try to make some changes. I also hope to submit some new material in the near future.
How exciting! Thanks for allowing us to see the before and after, Carisa, and congratulations on your success!
Yay!!!! So excited for you!
Nice!….i wish i could start writing a Hubpage now…regards.
Nice & really fantastic.I love it.
This is really encouraging for those that are still uncertain about the Hub Pro process.


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The automotive future isn't all-electric, says F1 Champion Team Chief ahead of ASI Connect debate
Net zero-carbon fuels could be a game-changer for many types of vehicle
Synthetic petroleum has many advantages over electrification
Former F1 team chief Paddy Lowe to join the ASI Connect debate
Throughout his career Paddy Lowe has delivered success at the pinnacle of motorsport. From leading the active suspension project that helped Nigel Mansell charge to his world championship 29 years ago through to taking Lewis Hamilton and Nico Rosberg to hybrid-era F1 domination at Mercedes-Benz, Lowe is an expert on turning innovation and forward thinking into victory. Now, he proposes synthetic fuels as part of the automotive industry's cleaner future.
Lowe has embarked on a new challenge that could be transformational for the environment as well as the aviation, transport, agricultural and motorsport industries. His new venture, Zero Petroleum, focuses on the creation of synthetic fuel sources.
Lowe will be part of a debate on the future of energy at Autosport International (ASI) Connect, the virtual networking event on March 10-11th. Sharing a digital stage with some of the biggest names in electrified racing, he will state the case for synthetic fuels keeping combustion engine technology alive well into the future. With his former drivers Hamilton, Rosberg and Jenson Button investing in the new Extreme E electric championship, it promises to spark a fascinating debate for thousands of motorsport industry professionals who have been invited to log on to the ASI Connect event.
"The need to move away from fossil fuels has never been clearer," says Lowe. "We are in a climate emergency. Electric vehicles are fantastic for many situations where weight and endurance aren't performance imperatives. However, the low energy density of batteries compared to liquid petroleum fuels (gasoline, kerosene, diesel) means there are many applications where electric power isn't an option and won't be in the foreseeable future."
Lowe cites examples such as motorsport, where high power for several hours is required, and weight-limited vehicles such as combine harvesters and long-haul aircraft where the weight and size of batteries simply isn't viable. A number of leading motorsport championships have already included sustainable fuels in their future roadmaps, including Formula 1 and WTCR – FIA World Touring Car Cup.
Zero Petroleum's vision is to become a leading supplier of carbon-neutral fuel, created by recycling water and carbon dioxide using renewable energy. "The fuel we will produce is a drop-in solution," explains Lowe. "It will enable vehicles to run without any engine modification, creating a perfect net-zero carbon energy source for the transportation, motorsport and classic car industries. The advantages of Zero Petroleum lie in their ease of application. They can be used in combustion engines and plug-in hybrids and can make use of the existing network of petrol stations."
Mandy Cox, Operations Director, Autosport International, said: "Motorsport technology can help bring solutions to the climate crisis and we are making this a headline topic at ASI Connect. We are delighted that Paddy will bring his vision to the debate alongside the pioneers of electric motorsport."
About ASI Connect
The online-only event will take place on 10-11 March 2021. Invitations have been sent to thousands of high-level, industry leaders who normally attend the live Autosport International show, giving them the opportunity to network with virtual exhibitors, participate in debates on the future of the sport and share knowledge at speeches and panel discussions during the two-day event. The 'virtual attendees' will be able book appointments and build relationships through the bespoke ASI Connect mobile and desktop app.
Attendees will also receive a six-month Autosport+ subscription when they register.
Exhibitors can book their virtual stand at ASI Connect and discuss sponsorship opportunities with our sales team by contacting autosport.international@autosport.com or through our website www.autosportinternational.com. Trade registration is now open.
Formula 1 to discuss #WeRaceAsOne initiative in headline slot at Autosport International Connect
TRADE REGISTRATIONS TO OPEN IN THE NEW YEAR FOR AUTOSPORT INTERNATIONAL (ASI) CONNECT


Here's Pino Luongo's answer to American spaghetti and meatballs: A delicate dish of fresh pasta with small rounds of veal flavored with mushrooms, sweet peas and mint—and no tomato sauce in sight. Pino suggests a short pasta here, but linguine also works well.
To prepare meatballs, place meat in a large bowl; add cheese, egg yolk, bread crumbs, garlic, parsley, salt, and pepper. Mix gently. Roll into grape-sized portions.
Heat 1⁄4 cup olive oil in a large skillet over medium heat. Working in batches, place meatballs in the pan, without crowding, and sauté until browned and crisp on one side, about 3 minutes. Flip and cook until other side is browned and crisp, about 2 minutes. Remove meatballs with a spatula and place on paper towels to drain. Repeat with remaining meat mixture.
To prepare sauce, heat 2 tablespoons olive oil in a large skillet over medium-high heat. Add onion and sauté until translucent, about 4 minutes. Add mushrooms, salt and pepper, and sauté 5 minutes. Add peas, toss, and cook 2 to 3 minutes. Add broth and mint and cook another 5 minutes. Add meatballs, toss well, cover and keep warm.
Add cooked pasta to sauce. Add butter, cheese, and a few tablespoons of the reserved pasta cooking water, and heat over very low heat. Toss thoroughly, drizzling with more olive oil if desired.
Recipe by Pino Luongo. Adapted from Two Meatballs in the Italian Kitchen (Artisan Books), copyright 2007 by Pino Luongo and Mark Strausman.


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Enter the age of each children
Eurohotel Vienna Airport
Marco Polo Strasse 1, Fischamend
With a stay at Eurohotel Vienna Airport in Fischamend, you'll be connected to the airport and within the region of Orth Castle and Schloss Rohrau. This hotel is within the region of Military History Museum.
Make yourself at home in one of the 114 guestrooms. Complimentary wireless Internet access keeps you connected, and satellite programming is available for your entertainment. Conveniences include desks, and both irons/ironing boards and cribs/infant beds are available on request.
Make use of convenient amenities, which include complimentary wireless Internet access and a television in a common area. Guests can get around on the shuttle (surcharge), which operates within 2 km.
Quench your thirst with your favorite drink at a bar/lounge. Buffet breakfasts are available for a fee.
Featured amenities include express check-in, express check-out, and complimentary newspapers in the lobby. A shuttle from the hotel to the airport is provided for a surcharge (available 24 hours), and free self parking is available onsite.
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