Local leaders have banded together in the fight for more provincial infrastructure cash.
Local leaders have banded together in the fight for more provincial infrastructure cash.
The latest statistics from The National Highway Traffic Safety Administration (NHTSA) have both positive and disappointing news for Miami and the rest of Florida. According to the NHTSA, the number of fatal car accidents across the country dropped by 1.9% in 2011, when compared with 2010. In 2010, there were 32,999 fatalities linked to traffic accidents and only 32,367 in 2011 – representing the lowest number since 1949. Since 2005, traffic fatalities have declined 26%.
Florida, however, is still third in the national for the total number of car accident fatalities. Although car accident fatalities in the state dropped 1.9% in 2011 when compared with 2010, according to experts much still needs to be done to reduce these fatalities even more. In 2011, Florida saw 2,398 car accident fatalities. Only Texas and California had more. Experts believe that there are a number of things that can be done to help prevent traffic accidents in Miami and across Florida:
1) Improve awareness of seat belts, distracted driving, drunk driving, fatigued driving, and other risk factors through public education campaigns. Making drivers aware of the risks they take – and the dangers of those risks – can encourage more motorists to drive safely, which can help reduce the number of car and truck accidents in Miami and across Florida.
2) Improve law enforcement. In some cases, awareness is not enough and motorists continue to take risks that they know can lead to traffic accidents. In these cases, law enforcement can ensure that drivers are ticketed or even taken off the roads before they cause an accident.
3) Hold reckless drivers accountable for their actions. In cases where a driver’s negligence causes a car accident in Miami or anywhere in South Florida, injured parties can hold the at-fault driver responsible. Pursuing a legal claim can push a negligent driver into being more careful in the future, preventing other accidents. A legal claim can also help someone who has been injured get compensation for their injuries, so that they can pursue medical care. If you have sustained a personal injury in Miami or anywhere in Florida due to a traffic accident, consider speaking with a personal injury attorney before you make any decisions about your case. Your case may be worth more than you realize and there may be more resources available to you than you know about. You may be able to secure a free consultation with a personal injury attorney to review your options before you accept an insurance company offer.
Car accidents cause serious injuries across South Florida. Each year, victims of car accidents are rushed to Fort Lauderdale and Florida emergency rooms with head injuries, spinal cord injuries, burns, fractures, and other serious injuries. However, it is not just the accident and impact of the crash itself that can cause serious injuries. In some cases, a secondary cause can cause serious and even fatal injuries.
Some car accidents in Fort Lauderdale and South Florida, for example, involve not only another car but also utility poles. Downed power lines can seriously injure a driver attempting to leave their car. In some cases, victims of traffic accidents in Fort Lauderdale and across South Florida sustain serious burn injuries or are even electrocuted because of downed power lines.
The safest place is in your car
If you are in a car or truck accident in Fort Lauderdale or anywhere in South Florida and the accident involves utility poles and downed power lines, the safest place for you to be is inside your car. If possible, remain in your vehicle and call 911 as well as the local power authority. Even if the downed power line is not close to your car, the area could be electrified and could harm you if you attempt to get out of your car or approach a car that has been in an accident near a downed power line. Verify with emergency dispatch and the power company that it is safe to get out of the car before you attempt to do so.
If you must leave your car after an accident, use caution
If you are in a traffic accident in Fort Lauderdale or South Florida involving a downed power line but cannot safely remain in your car, you can tuck your arms close to your body and try to leap free of your car. You can reduce the risk of electrocution if you try to avoid touching the car and the ground at the same time. However, it is best to call 911 first and try to get the power shut off before attempting this.
If you do leap from the car, experts suggest keeping your feet together and shuffling or hopping, avoiding placing one foot in front of the other or lifting one foot higher than the other. If one foot is placed in a higher voltage zone than the other, this could make your body a conduit for electricity and this can lead to serious injuries.
This year, California introduced a law that allows cars that that can drive without driver input to be tested on the California’s highways. There is a great deal of interest in the cars, which use a range of sensors as well as cameras and computer programs to drive in a variety of conditions with no input from the driver. Advocates of the cars say that the cars will even allow the visually impaired to drive since the cars will do all the “seeing” for the driver.
Advocates also claim that the cars will reduce car accidents since the sensors and programs can respond much more quickly than human drivers and are not prone to human error. Some even believe that the cars will take care of the problem of distracted driving, since owners will be able to text and engage in other activities while the car drives for them. However, will the new cars eventually reduce the risk of Miami traffic accidents – or contribute to the city’s accident rates?
Developers of the cars, which include Google technology, say that the cars have been tested for years now and the only accident in 300,000 miles of road tests was a minor rear-end crash that could be prevented in the future by installing heat-seeking technology in the trunk to detect approaching cars.
Critics weigh in
Critics of the cars are skeptical, noting that technology is imperfect and since computers and computer programs develop glitches or crash unexpectedly, the risks with a car fueled with this type of technology could be significant. After all, computers crash regularly and software is known for developing bugs and other problems that create crashes on personal computers. Drivers in an automated car are actually encouraged not to watch the road and may not notice a problem in time to stop a Miami car accident. Manufacturers of driverless cars have pointed out that the test cars in use have hundreds of thousands of kilometers of error-free driving on record.
Some critics also point out that if the cars become widespread they could put many professions, including car mechanics and traffic police, out of work. The financial impact of this could be significant. Manufacturers of driverless cars point out that driverless cars could actually make police and law enforcement authorities more effective, as time would be freed up to pursue other cases.
Cars raise questions about safety
In addition, the possibility of driverless cars raises the question of driver training and education. Will these cars allow the driving age to be lowered? How will drivers be tested to ensure that they safely drive a car that does not require their interaction? Currently, most states do not have laws about driverless cars and do not permit these cars on the road. However, since manufacturers of driverless cars claim that even blind drivers would be able to drive the vehicles, it raises questions about how drivers would be evaluated for safety. In addition, there are some questions about how roads could safely be shared between driverless cars and traditional cars. Would sharing the road lead to more Miami truck accidents and car accidents?
Many employers make company cars available for their workers, but does this mean that employers are responsible for how those employees drive? In a number of recent court decisions across the country, judges have held employers partly liable in cases where employees have caused distracted driving accidents while driving company cars on company time. In one Florida case, a woman was killed when a driver rear-ended the car because he was distracted. The employer of the man was ordered to pay .6 million in the case because the man was driving on company time. In an Arkansas judgment, an employer was forced to pay .1 million after one of its lumber salesmen caused a car accident that caused permanent injury.
The reality is that many employers now require employees to be available around the clock – and that means being available while the employee is driving. In some cases, employees are provided with company cars and company phones and may feel that they need to answer any work-related texts or phone calls as they comes in.
Experts recommend that employers should have written policies in place about cellphone use. These policies should clearly outline the dangers of using cell phones while driving and should provide clear directives to employees about what they should do if they are driving while expecting a work-related call or text.
These policies can, and in fact, should extend beyond the state regulations regarding mobile phone use. For example, in Florida, texting while driving is not prohibited but employers may still be held liable if an employee causes a Fort Lauderdale truck accident while texting. In situations where an employee on the clock causes a Fort Lauderdale car accident or traffic accident while distracted, the employee may still be held liable for reckless driving and the employer may be held liable for contributing to that negligence, even if texting while driving is technically legal in Florida.
Employers may be held liable if a distracted employee causes a Fort Lauderdale traffic accident while using a personal car for work use, while using a company car, or while using any company-provided device while driving. For this reason, it is important for employers to institute strict rules and to offer training to all employees about safe use of mobile devices. Even employees who do not drive in a company car regularly or do not drive for the company may get into an accident in which the business is partly liable.
After some homes have gone nearly five days without power, Manitoba Hydro expects to have the lights back on in southeastern Manitoba in time for turkey dinner.
A tragic car accident was reported around 11:15 Saturday night a few miles from Farmville, North Carolina. Police say that a man in a Ford Explorer crossed the center line while traveling south on NC 121. The SUV reportedly crashed with a Ford Focus driven by a 57-year-old woman from Greenville, North Carolina.
The woman suffered fatal injuries in the tragic accident. She was pronounced dead at Vidant Medical Center. Several passengers in the SUV suffered injury. The man accused of driving the Ford Explorer is now facing charges for driving while impaired in the aftermath of the tragic accident. Police claim that the 26-year-old man was under the influence of alcohol Saturday night.
Authorities arrested the man accused of crossing the center line on several charges, including DWI, driving with a revoked license and death by motor vehicle-a felony level offense.
News reports do not indicate what led police to believe that the man was under the influence at the time of the crash. Any car accident story can pull hard on a reader’s heart strings. But it is important to note that our legal justice system provides a person accused of driving while impaired with the right to be presumed innocent of the charges unless, and until, proven guilty of the charges beyond a reasonable doubt.
Tragic car accidents are difficult for victim’s families, and a family’s loss is not only heartbreaking for the family, but generally for the community as well.
However, a defendant still has an important right under our Constitution to a complete defense to any criminal charges that may flow from a tragic accident.
Source: The Greenville Daily Reflector, “Farmville man charged in fatal crash,” Jane Dail, Oct. 2, 2012
New information from the AAA shows that teen drivers are more likely to be in deadly car collisions when they drive with passengers who are under 21 years of age. According to the statistics, having one young passenger and no adult in a passenger vehicle with a teen driver increases a teen driver’s risk of a fatal car accident by 44% when compared with driving without passengers. As each additional young passenger is added, the risk of being involved in a fatal car accident increases. The same research, however, finds that when a passenger in the car is an adult over the age of 35, a teen driver’s risk of being in a fatal car collision is actually decreased by 62%
According to the AAA and other experts, these statistics show what has already been known anecdotally; younger passengers distract teen drivers and may encourage risky behaviors while having an adult in the car can encourage teen drivers to drive more cautiously. According to experts, even when younger passengers are quiet, they can be a distraction for a young driver. Distracted drivers may experience what is known as “inattention blindness.” This occurs when a driver is looking at the roadway but is distracted enough to not process everything in front of them. When this occurs, the driver cannot react in time to obstacles, in many cases, and this can result in Miami pedestrian accidents and traffic accidents.
The implications of the research is clear: if parents want to ensure that they teens are not involved in Miami traffic accidents, it is important to place limits on passengers. Parents may also want to restrict other distraction in the car and even ask teens to drive with an adult passenger during the first few months after being licensed.
Another study, out of Melbourne’s Murdoch Children’s Research Institute, shows that road accidents are the leading cause of teen deaths around the world. International research showed that injuries were the result of 40% of fatalities to young people between the ages of 10 and 24. The single leading cause of death in this age group, according to researchers, was car accidents. Researchers in the study also found an alarming trend: while fatality rates for young children under the age of five have declined over 80% internationally in the past five decades, teen fatalities have not significantly declined in the same time period. Worse, the US has the highest teen fatality rates of 27 developed countries, in part due to the rate of car accidents and violence across the country.
Some countries, including Australia, have reduced teen mortality rates by reducing road speeds, improving licensing programs, and improving road and vehicle quality. It may be time to get more serious about preventing Miami car accidents so that the rate of teen fatalities can be reduced.
Each summer, many tourists choose to visit Miami and the rest of Florida to enjoy the warm hospitality and the natural beauty of the region. While most visitors are careful and responsible, some residents do feel that tourist season can lead to an increase of Miami traffic accidents. One reason is because tourist season can mean more cars on the roads. Visitors to the state may bring their own cars or may rent cars, but many tourists choose cars to see more of the state. In addition, summer inevitably means more students home from school and therefore a slight increase in local traffic. Unfortunately, more cars on the road can mean more congestion, frayed tempers, and therefore Miami car accidents.
Tourist season can also mean more pedestrians and other forms of traffic sharing the roads. Many visitors choose to see Miami on foot. Cruise ship visitors, for example, do not bring their cars with them and may choose to see the city by walking. There are also shops offering tourists bicycles and motorcycles for rent. Some visitors may choose these transportation options to see more of the city, and local residents may also choose to bike and walk to take advantage of the beautiful weather. Unfortunately, this can also mean more types of traffic sharing the road, which can increase the risk of Miami motorcycle accidents, pedestrian accidents, and bicycle accidents.
Tourist season means more drivers who may be unfamiliar with city streets. Some of the drivers on Miami’s streets in the summer are enjoying their first glimpse of the city. While most do everything they can to drive safely, unfamiliarity with the streets can be dangerous. Visitors may be watching for signs more carefully because they are unfamiliar with the area or may be distracted by all there is to see in Miami.
Unfortunately, tourist season coincides with road construction. This can also be a problem. When construction and road repairs coincide with an influx of drivers, the result can be even more traffic congestion as well as confusion about detours and alternate routes. The stress and congestion can easily lead to road rage, Miami pedestrian accidents, and other traffic problems.
Alcohol can make tourist season driving even more dangerous. Tourist season does coincide with many summer holidays, and many summer events and parties do include alcohol. Unfortunately, Miami drunk driving accidents are a concern all year long, but can be an especial problem during the summer, when people celebrate with a cool beer or drink. Summer’s heat can also exacerbate the effects of alcohol, making car crashes even more likely.
The right to fight for your country, to enlist, serve, and potentially die, is an oft-cited justification for an 18 year-old drinking age. “If you are old enough to die for your country,” so the maxim goes, “then you are old enough to sit down and buy a beer.” It’s a powerful argument, and a common one at that. But it is only a part of something far greater that is often over-looked when used to rationalize an 18 year-old drinking age argument. There is great injustice in the fact that you can die for a country against your will (to be drafted) that doesn’t grant you with the fullest privileges of adulthood. But in some way I think it means more that you can voluntarily join the military and risk your life, yet still be denied a mug of beer.
It’s about justice. For better or worse, the United States has determined that at age 18 you become an adult. By the widest of definitions, this means that you are now legally responsible for your actions. You can buy and smoke cigarettes even though you know that, with time, they’ll probably give you lung cancer. You may even purchase property, strike binding legal contracts, or go into debt. But most importantly (for the sake of this argument), is the fact that, at 18, you can vote and hold office. 18 is the age of majority, the age at which one finally becomes part of the ruling faction, the democracy’s people. Sure, you can die for your country and not be allowed to buy a beer, and that is a travesty, but it is the over-arching disenfranchisement of responsibility for those who are in all respects legally responsible that is abhorrent.
Critics are quick to point out that 18 is not an Age of Majority, but one age amongst many that together mark the gradual path to adulthood. This argument notes that young adults cannot drink until 21, rent cars until 25, run for the U.S. Senate until they are 30, and run for President until 35. This is evidence of a graduated adulthood. But this argument is simply not sound. First and foremost, rental car companies are not legally kept from renting cars to those under 25, it is a decision made by insurance companies. In fact, some rental companies do rent to those under 25, and higher rates compensate for the potential liability. In short, 25 is not an age of increased adultness.
Neither is 30. Article II Section 3 of the US Constitution mandates that: “No person shall be a Senator who shall not have attained to the age of thirty years.” But strangely enough this clause has not preemptively kept individuals from running for Senate. Indeed, the man who John F. Kennedy called one of the 5 best senators in the history of the Republic, Henry Clay, was first elected to the Senate at age 28. While no one has yet to challenge the legitimacy of the Presidential Age Requirement, it is clear that the Constitutional age requirements are something quite different than graduated adulthood markers. As the lone mentions of age in all of the Constitution and Bill of Rights, the are requirements are more appropriately seen as exceptions to full adulthood, rather than benchmarks of adulthood.
So as it stands now when you turn 18 you are legal to engage in all things other adults do except drink alcohol and run for President. It’s bizarre but accurate. Somewhere along the line, our society failed to remember that individuals, by becoming an adult, become responsible for their actions. Whether you are 18, 19, 20, 38, 39, or 40, you are an adult, and when you drink and drive, just as when you smoke in public areas or ignore traffic laws, you are responsible . By maintaining a drinking age different than 18, our society sends a signal that drinking and driving (the original target of the 21 MLDA) is worse in consequence for young adults than it is for older adults. This opens up a Pandora’s box when it comes to expanding the logic against real and perceived public health threats. Targeting groups by age beyond some measure of adulthood validates the fears raised in the Federalist Papers that a democratic system of government offers too little protection for the rights of minority factions against the will of the masses. Above and beyond its deleterious consequences, the 21 year-old drinking age threatens the integrity of egalitarianism in an otherwise representative democracy. 18 year-old drinking age is an act of justice.


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A Gift in the Telling!
Unlike so much of what has been written, photographed, exhibited, dramatized and otherwise depicted in a macro view of the Holocaust, Joanne Gilbert offers us first-person narratives of female Jews who fled the Nazis and fought back; who lost loved ones but never lost hope; who were often able to hook up with bands of courageous partisans in the forests and swamps; who were often taken in and fed by self-sacrificing Gentiles; who refused to succumb not only to the Nazis and rampant anti-Semitism but to starvation and the harsh elements of Polish winters, often without food, shelter and warm clothing… and often alone.
After the war, they found their way to America where they’ve raised families and led full and happy lives. On which note I like what Miriam (the little “pistol-packer”) had to say in concluding her story: “It is through [our descendants] that we can be assured that the Jewish people will endure and thrive…and continue the Jewish legacy of Tikkun [Olam] – healing the world.”
The book is beautifully written, researched and organized. Joanne Gilbert opens with a brief history of Poland and the Jewish people and concludes with an epilog on how Poland and Polish Jews have evolved since World War II. She speaks in the epilog of these four “women of valor” seeing themselves not as heroines but as “…just ordinary people who, when confronted with the senseless Nazi horror, just did the only thing that made sense: they did the right thing.”
A few years ago my wife and I traveled through the South in places like Selma, Atlanta and Philadelphia (Mississippi) where we sought out and met with participants in the Civil Rights movement during the 1960s. In sharing with us their personal stories, I saw the Civil Rights movement in a new and more personal light, as if for the first time. I had a similar experience reading Women of Valor. I think others will feel the same way, for which reason I highly recommend it.
Gripping and inspiring
Joanne D. Gilbert’s Women of Valor: Polish Resisters to the Third Reich . . . is a gripping and inspiring compilation of first-person accounts from four remarkable young women who, equipped with their intelligence and skills, as well as a significant amount of good luck, successfully defied the Nazi-Germans—and survived. Despite the heavy subject-matter, I was mesmerized, unable to put the book down until I had finished the Epilogue. While each account is both compelling and horrifying, they are not depressing, because they show that the women survived and went on to live normal lives.
The honesty, candor, and voice of each woman is clear, as is her need to finally share her experiences with the world, so that what she went through will never be forgotten. A volume such as this is particularly important in an age when many Holocaust survivors and resisters are losing their battle with time. In less than a generation, all that will remain of those who endured the Holocaust will be their words and other recorded memories. It is not only important to future generations that they learn about what happened during World War II, but also important to those who endured; the telling of these stories appears to be both healing and empowering to all. Faye Lazebnik Schulman, one of the resisters whose story is in this book, states, “This education is essential to preventing another Holocaust . . . And whenever possible, as long as I can speak – I will tell the story. To my dying breath . . . I will tell the story.” Gilbert has made these accounts, and their historical context, accessible to readers of all ages and levels of Shoah-related knowledge through detailed and extensive footnotes. Her Introduction also engages readers and encourages them to place themselves in the shoes of the women they will read about, asking them questions such as “Would you risk death to protect your loved ones?” and “Would you accept your fate?”. The accounts themselves are uninterrupted by commentary, but each woman is briefly introduced by Gilbert, and following the Epilogue there is a Reader-Discussion Guide that can help readers process what they have just read. The focus on women, especially those who survived the war as child or teenage partisans, should be especially appealing to readers as it offers a different perspective on the Shoah than has been presented before. I would highly recommend this book to anyone who wants a deeper understanding of what truly happened during World War II, and I look forward to Gilbert’s subsequent volumes detailing the experiences and actions of other Women of Valor in Germany, France and the Netherlands.
A memorable and poignant read of Valor and survival
I was born two years prior to America entering the hostilities of WWII and saw my father and uncles sent away to a world event that I could not understand. I just understood over those years that it was a dangerous conflict and there were cruel people trying to take over the world. All but one of my family returned safely. The one that did not was a US Navy pilot. So, my curiosity concerning that period has always been with me.
I have learned much from both historical fiction as well as memoirs and biographies. It was reasonable then, when attending a book signing event, to obtain a copy of what seemed like four short stories of historical significance, ‘Women of Valor’.
I knew, of course, about the Nazi evils and the pogroms against Jews and other groups. I also knew the worst of all the cruelty had taken place along the Eastern frontier. These things I knew in the abstract but I had never heard, or read, a personal account of any survivor who had actively resisted. Now I come upon a book of personal accounts – survivors of the resistance and they were young women!
Author, Joanne Gilbert has successfully captured the vivid trauma, loss, pain, fear, emotions, and bravery of four young (one being very young) Jewish women through actual interviews with these most amazing, now elderly, ladies.
Author Gilbert’s ability to bring out the details of the remembrances of these four women show a talent and empathy that makes for a first class and unique piece of the historical record.
She brings you the lives of Manya Feldman, Faye Schulman, Lola Lieber, and Miriam Brysk in such vivid detail that the reader stands beside them as they move through the forests of Poland with partisans and through the intrigues of the cities, the newly formed ghettos, and personal encounters with the German high command.
This book I highly recommend, as it is most difficult to put down once begun. I would not be surprised if these recounted stories were pick up by other media such as film. Valor and honor such as told in this book should be a part of every human’s consciousness.

domain: library


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domain: design


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According to a report from The Street, Anheuser-Busch InBev, itself a Belgian company, has purchased Belgian brewery Bosteels, maker of venerable Tripel Karmeliet, Kwak and DeuS beers. Bosteels was founded by Evarist Bosteels in 1791 and had been family-owned for seven generations. (Read more about its history here.)
The news of this latest acquisition follows AB InBev’s purchase of several American craft breweries including Breckenridge, Devils Backbone, Four Peaks and others. Anheuser-Busch InBev is also in the process of acquiring its largest rival, SABMiller, for a reported $105 billion.

domain: economics


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SHROPSHIRE, JOHN SAMUEL
SHROPSHIRE, JOHN SAMUEL (1833–1862). John Samuel Shropshire, lawyer and Confederate officer, was born on April 23, 1833, in Bourbon County, Kentucky, to John Elliot Shropshire and Rebecca (Hutchinson) Shropshire. John Samuel Shropshire moved to Texas in 1854 and settled in Columbus, Colorado County, where he began to practice law. He married Caroline Tait on July 21, 1859, and the couple had one son. In 1860 Shropshire owned sixty-one slaves, operated a 750-acre plantation, and had more than $50,000 in personal estate. Though a slave owner, he was counted among Columbus's leading cooperationists—those who opposed severing ties with the Union—on the eve of the Civil War. In September 1860 Shropshire gave speeches in favor of Constitutional Union Party candidates John Bell and Edwin Everett at the newly-formed Bell and Everett Club. Shropshire campaigned as a delegate to the convention to be held in Austin to decide the question of secession but failed to win election. When the Colorado County Citizen joined in endorsing secession in 1861, Shropshire acquiesced and began organizing Shropshire's Cavalry, one of several local militia units. At the beginning of the Civil War, he enlisted as a major in the Fifth Texas Cavalry regiment. This unit was assigned to the Sibley campaign, which was intended to seize Arizona and New Mexico for the Confederacy. On March 28 1862, during the battle of Glorietta, in New Mexico, Shropshire was killed, reportedly shot in the head by a Union private named George W. Pierce. Shropshire had a slave named Bob who fought with him since the beginning of the war and continued in Company A until war's end.
Being exceptionally tall, Shropshire did not fit into the caskets available at the time, and so he was wrapped in blankets and buried on the battlefield. In June 1987 a man building a house discovered the body, after which it was excavated, removed from the site, and identified. On August 5, 1990, Shropshire was reburied with military honors at his birthplace in Kentucky, alongside his parents, at the request of the International Society of Shropshires. A chapter of the United Daughters of the Confederacy named in Major Shropshire's honor operated in Columbus, Texas, in 2011.
Memorial and Genealogical Record of Southwest Texas (Chicago: Goodspeed, 1894; rpt., Easley, South Carolina: Southern Historical Press, 1978). SHROPSHIRE-L Archives (http://archiver.rootsweb.com/th/read/SHROPSHIRE/200111/1005621802), accessed April 5, 2011. Bill Stein, "Consider the Lily: The Ungilded History of Colorado County, Texas," Nesbitt Memorial Library Journal: A Journal of Colorado County History 9 (January 1999).
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The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this article.Handbook of Texas Online, Aragorn Storm Miller, "SHROPSHIRE, JOHN SAMUEL," accessed August 10, 2020, http://www.tshaonline.org/handbook/online/articles/fsh71.
Uploaded on April 8, 2011. Modified on May 31, 2011. Published by the Texas State Historical Association.


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How your donation is spent
The crisis in Darfur is on an almost unimaginable scale. More than 1m people have fled their homes, thousands have been murdered and the rest are struggling to survive in camps, writes Margarette Driscoll.
Médecins Sans Frontières has a track record of providing medical aid in difficult and dangerous circumstances. In Sudan it is operating on victims of violence, caring for women and girls who have been raped and feeding hundreds of malnourished children.
Your help is vital and every donation can make a real difference: £14 will buy enough vaccine to immunise 20 people against meningitis, £35 will buy 25 survival blankets to protect newborn babies from the elements, £75 will provide a field medical examination kit and £100 will buy enough rehydration salts to treat 2,500 people suffering from diarrhoea, a leading cause of death in refugee camps.
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domain: sociology


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We still think that the tech giants are fighting over too small a piece of the pie here.
— Jason Clampet
Facebook Inc. wants to be a bigger player in the restaurant game.
The social network has announced a new feature that will let users buy meals on its website through third-party delivery services like DoorDash or directly from a group of restaurants such as Chipotle Mexican Grill Inc. and Five Guys.
Facebook has been working on the new product for a year, and carried out tests with restaurants including Papa John’s. It’s part of tech company efforts to boost their presence in the restaurant industry. Amazon.com Inc. recently announced a partnership with Olo, which provides order and pay technology to thousands of U.S. locations. Olo will also be part of the new Facebook feature.
While Amazon might not make money on food orders, its delivery service is seen as a way to gather valuable customer data and keep in constant contact with consumers. All types of restaurants operate Facebook pages and the company has seen a rise in users searching out food on its site.
Facebook said it has no plans to hire drivers and actually deliver food, but it hopes the new ordering feature will keep users on its site longer, instead of logging off to place orders elsewhere.
“We’re just trying to make it easier for people,” said Alex Himel, a Facebook vice president. He referred to the process of finding a restaurant on the site, then logging onto a third-party site or actually calling the restaurant a “pain point.”
©2017 Bloomberg L.P.

domain: news


text:
Back in January, we told you about a call for five local artists to get their artwork up on a billboard. Charleston’s Alliance for the Arts and ArtPop Art Gallery teamed up with Adams Outdoor Advertising to seek out the best artists from Charleston, Berkeley, and Dorchester counties, and nine of these artists have been nominated for selection to get their artwork displayed on a billboard for one whole year.
Four of these artists will be chosen by a panel of judges, but one of them can be chosen with your help, by voting here for your favorite local artist’s work. Participating local artists include Chambers Austelle, Colin McNaught, Jordan Fowler, Francis Sills, Meyriel Edge, Janie Ball, Austin Abt, Patch Whisky, and Fletcher Williams III.
Voting closes this Fri. April 7, and the five winners (including the one you helped pick!) will be announced next Mon. April 10.


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Baseline 39.1 now published
June 7, 2018
Baseline 39.1 has now been published. The baseline is a formal process to revise market manuals and related documents that result from recently approved market rule amendments or technical system changes.
The changes in this baseline were communicated through the plan and review process, and feature an amendment to the market rules, as well as revisions to market manuals and supporting documents. These are available on the Market Rules and Manuals Library and Technical Interfaces web pages, respectively.
All document changes can be found in the Guide to Documents Published in Baseline 39.1.

domain: law


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by Andrea Thalasinos
Let me start with the full disclosure that I have known this author for many years. With that in mind, I dove into this book with a critical perspective. I'm like a kid when it comes to books; if it isn't good, I will move on to something else. That said, this story captivated me.
Twin plots carry the reader between Siberia and Bayfield, Wisconsin and span about sixty years. The unifying feature is the relationships formed with sled dogs. In Siberia, Tariem and Jeaantaa struggle with finding ways to save their family and still honor traditions in light of the changes imposed by Stalin's soldiers.
In Bayfield, Rosalie is a young woman who has lived a life of underestimation. An impulsive decision to rescue an animal changes her life and reveals family secrets. New and old friends help her find her way and discover hidden talents within herself and those she loves.


text:
Nick Jonas simply turned 28 years outdated and his beloved spouse made positive to mark the special occasion with an equally particular birthday message on social media! Priyanka Chopra took to her IG account to publish an excellent cute video compilation that options her husband.
The clip begins with the Jonas Brothers singer in a tuxedo, parachuting his means again to Earth.
The remainder of the video exhibits Nick at live shows, on The Voice and likewise exhibits some candy moments of him and Priyanka.
In the caption, the actress sweetly wrote: ‘So grateful you were born. Happy birthday my love.’ Aww….
These two are at all times lovable on-line, particularly on their particular days, together with birthdays, anniversaries and extra, so followers weren’t stunned to see the publish.
However, it’s at all times good to see them categorical their love for one another, giving their followers hope that they might as soon as day have a romance like theirs as properly!
This comes solely two months after Priyanka additionally celebrated her birthday.
At the time, Nick devoted a particular message to his actress spouse as properly.
He posted a shocking image of the pair and alongside it, he wrote: ‘I could stare into your eyes forever. I love you baby. You’re probably the most considerate, caring and fantastic person who I’ve ever met. I’m so grateful we discovered each other. Happy birthday lovely.’
It’s secure to say that being caught collectively 24/7 due to the quarantine has not been an issue for these two in any respect!
In truth, it seems that they’ve been taking advantage of it, Nick instructing Priyanka find out how to play the piano and extra!
They additionally work out collectively and easily spend high quality time in one another’s firm.
Their relationship was made public again in 2018 and about two months after, Nick proposed.
They tied the knot in two separate ceremonies as to honor her Indian heritage and since then, they’ve been dwelling the proper love story.

domain: celebrity


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1. Copyright Subsistence
1.1 What are the requirements for copyright to subsist in a work?
The requirements for copyright to subsist in a literary, artistic, musical and dramatic work are: (a) originality (interpreted by the courts to also involve a degree of creativity); (b) fixation in any form; and (c) connection to Israel (in general, that the work was first published in Israel or that when the work was created, its author was an Israeli citizen or his/her habitual residence was in Israel) or copyright under an applicable international treaty (among others, Berne and TRIPS).
1.2 Does your jurisdiction operate an open or closed list of works that can qualify for copyright protection?
The Israeli Copyright Act specifies a closed list of work categories than can qualify for copyright protection. Any work that does not fall under this statutory list is excluded from copyright protection.
1.3 In what works can copyright subsist?
Under Israeli Copyright Act, copyright can subsist in literary works (including, among others, lectures, tables, compilations (including databases) and computer programs (in any form or expression)), artistic works (including, among others, photographic works, maps, charts, architectural works and works of applied art (including typefaces)), dramatic works (including, among other things, choreography), musical works and sound recordings.
1.4 Are there any works which are excluded from copyright protection?
Any work that does not fall under any of the above-mentioned categories (see question 1.3) is excluded from copyright protection.
In addition, designs (unless the design is neither used nor intended for use in industrial manufacture (in general, manufacture of more than 50 articles incorporating the design)) and official publications are excluded from copyright protection.
Ideas, procedures and methods of operation, mathematical concepts, facts or data and news of the day are also excluded from copyright protection, but copyright can subsist in their expression.
1.5 Is there a system for registration of copyright and, if so, what is the effect of registration?
There is no system for registration of a copyright.
1.6 What is the duration of copyright protection? Does this vary depending on the type of work?
The duration of copyright protection is in general: the life of the author plus 70 years (in a joint work – the life of the longest surviving joint author plus 70 years; if the author is unknown – 70 years from the date of publication (and if the work was not published until the end of 70 years from the date of its creation – 70 years from the date of creation)); in sound recordings (in general) and typeface works – 70 years from the date of publication; and in State works – 50 years from the date of creation.
The duration of copyright protection will end at the end of the calendar year in which such protection is set to expire.
1.7 Is there any overlap between copyright and other intellectual property rights such as design rights and database rights?
As detailed in question 1.4, in general, a design is excluded from copyright protection; in the rare instance in which a design is neither used nor intended for use in industrial manufacture, it may enjoy both design rights and copyright.
A logo and slogan may enjoy both copyright and trademark rights.
There is no sui generis database right in Israel (a database may enjoy copyright protection if there is originality in the selection or arrangement of the data).
1.8 Are there any restrictions on the protection for copyright works which are made by an industrial process?
As detailed above, designs which are used or intended for use in industrial manufacture (in general, manufacture of more than 50 articles incorporating the design) are excluded from copyright protection.
2.1 Who is the first owner of copyright in each of the works protected (other than where questions 2.2 or 2.3 apply)?
The first owner of copyright in a literary, artistic, musical and dramatic work is the author; in a sound recording – the producer.
2.2 Where a work is commissioned, how is ownership of the copyright determined between the author and the commissioner?
In general, the first owner of copyright in a commissioned work is the author, unless otherwise agreed between the author and the commissioning party, expressly or impliedly. In a commissioned work, i.e., a portrait or a photograph of a family event or other private event, the first owner of copyright is the commissioning party. In a commissioned work, in which the commissioning party is the State, the first owner of copyright is the State, unless otherwise agreed.
2.3 Where a work is created by an employee, how is ownership of the copyright determined between the employee and the employer?
The first owner of copyright in a work made by an employee during and for the purpose of his employment is the employer, unless otherwise agreed; and in a work made by a State employee (including a soldier, police officer and any other person who holds a position according to a statute in a State entity or institution) during and in consequence of his employment, the owner is the State, unless otherwise agreed. The causal connection required for recognising the State as the first owner of copyright may arguably be more easily established than that required for recognising a non-State employer (‘in consequence of employment’ being arguably a broader term than ‘for the purpose of employment’). However, in any case, in determining whether a copyright-protected work made by an employee is a service work under the copyright law, courts will apply a flexible set of rules and will analyse the relationship between the copyright work and the employee’s duties. Most importantly, if an employee holds a senior position in the organisation, he is deemed to be under special fiduciary duty to promote the interests of the employer. For such employees, the scope of copyright-protected works belonging to the employer will be broader and it will be easier to establish the causal connection between the copyright-protected work and the employment.
2.4 Is there a concept of joint ownership and, if so, what rules apply to dealings with a jointly owned work?
A copyright-protected work can have joint ownership: among others, a work created jointly by several authors, wherein it is not possible to discern each author’s contribution to the work, will be regarded as a joint work, and each author will be regarded as a joint first owner of copyright in the work. The Copyright Act does not set rules addressing a jointly owned copyright work. In accordance with general principles of law, presumably, a joint owner may: (a) unless otherwise agreed, assign his share in the copyright or reasonably exploit the copyright work (i.e., in a manner that would not prevent the other joint owners from reasonably exploiting the work – it is not clear whether ‘reasonable exploitation’ may involve also the grant of a non-exclusive licence to a third party) without the consent of the other joint owners; or (b) demand the dissolution of the joint ownership (even if otherwise agreed, the court has discretion to order the dissolution of joint ownership at the request of a joint owner). In any event, joint ownership of copyright (let alone deferring to the default rules of joint ownership under the general principles of law) is generally not recommended and is prone to create conflicts.
3.1 Are there any formalities which apply to the transfer/assignment of ownership?
The Copyright Act provides that a contract for the assignment of copyright or the granting of an exclusive licence therein requires a written document. However, Israeli case law has held that the requirement to put the contract in writing is merely probative and not constitutive.
3.2 Are there any formalities required for a copyright licence?
With respect to an exclusive licence – see question 3.1. There are no formalities required for a non-exclusive copyright licence.
3.3 Are there any laws which limit the licence terms parties may agree to (other than as addressed in questions 3.4 to 3.6)?
No, there are no restrictions on licence terms.
3.4 Which types of copyright work have collective licensing bodies (please name the relevant bodies)?
TALI (The Collecting Society of Film and Television Creators in Israel Ltd.) is the collective licensing body for Israeli screenwriters and directors.
ACUM is the collective licensing body for Israeli authors, composers, lyricists, poets, arrangers and music publishers.
The Israeli chapter of the International Federation of Phonographic Industry (IFPI) and PIL (The Israeli Federation of Independent Record Producers) are both collective licensing bodies for producers of sound recordings.
In addition, there are collective licensing bodies for Israeli performers (who enjoy quasi-copyright protection in their performances): EILAM (for musicians); and Eshkolot (for artists (actors, singers, entertainers and dancers)).
3.5 Where there are collective licensing bodies, how are they regulated?
Israeli collective licensing bodies are subject to the general corporate legislation in Israel and to the article of association of each body. These bodies operate under terms set by the Israel Competition Authority.
3.6 On what grounds can licence terms offered by a collective licensing body be challenged?
Licence terms offered by a collective licensing body may be challenged on the grounds that they violate the terms set by the Israel Competition Authority or constitute ‘depriving conditions’ in a uniform contract.
4. Owners’ Rights
4.1 What acts involving a copyright work are capable of being restricted by the rights holder?
The rights holder in a copyright work has the exclusive right to exploit the work, or a substantial part thereof, in the following manner(s), depending on the category of the work:
- Publication – in respect of a work not yet published.
- Reproduction (i.e., making a copy of the work in any material form, including: (a) storage of the work through any technological means; (b) making a three-dimensional copy of the work if it is a two-dimensional work and vice versa; and (c) making a temporary copy of the work) – in respect of all categories of works.
- Public performance (i.e., aural playing or staging of the work publicly, either directly or through use of a device) – in respect of all categories of works excluding artistic works.
- Broadcasting (i.e., transmitting, by wire or wireless means, the sounds or images which are contained in the work, to the public) – in respect of all categories of works.
- Making a work available to the public (i.e., doing an act in relation to the work that will enable members of the public to access the work from a place and at a time chosen by them) – in respect of all categories of works.
- Making a derivative work (i.e., making an original work which is substantially based upon the copyright work, such as a translation or adaptation) and exploiting the derivative work in any manner set forth in sections (1) to (5) above – in respect of all categories of works excluding a sound recording.
- Rental (i.e., rental of physical copies of the work to the public for a commercial purpose, but excluding rental of a computer program or sound recording which constitutes an integral part of another object where such other object is the primary object of the rental) – in respect of a sound recording, cinematographic work and computer program.
- A person who exploits a copyright work in any of the manners specified above, or who authorises another person to exploit a copyright work in any such manner, without the consent of the copyright owner, infringes the copyright, subject to the exceptions detailed in question 5.4.
4.2 Are there any ancillary rights related to copyright, such as moral rights, and, if so, what do they protect, and can they be waived or assigned?
The author of a copyright work (excluding a computer program and a sound recording, and with respect to the ‘right of association’, excluding also a typeface) has moral rights in relation to the work during the entire period of the copyright. Moral rights protect the author’s ‘right of association’ (i.e., the right of the author to have his name identified with his work to the extent and in the manner suitable in the circumstances) and ‘right of integrity’ (i.e., the right of the author that no distortion shall be made of the work, nor mutilation or other modification, or any other derogatory act in relation to the work, where any such act would be prejudicial to the author’s reputation and unreasonable under the circumstances).
Moral rights are personal (i.e., they are available to the author even if he/she does not have copyright in the work or if he/she has assigned the copyright in the work) and not assignable, but can be waived by the author.
4.3 Are there circumstances in which a copyright owner is unable to restrain subsequent dealings in works which have been put on the market with his consent?
The Israeli Copyright Act opts for ‘international exhaustion’ of rights (i.e., a copy imported into Israel, which has been made outside of Israel with the consent of the copyright owner in the country in which it was made, shall not be deemed an infringing copy).
5. Copyright Enforcement
5.1 Are there any statutory enforcement agencies and, if so, are they used by rights holders as an alternative to civil actions?
The Israeli Copyright Act incorporates the border measure provisions provided in Part III, Section 4 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). These measures allow the Israeli Customs to require the copyright owner to submit a bank guarantee as security for the damages that may be caused to the importer and to file legal action against the importer within a prescribed period of time. In practice, most of the TRIPS seizures are concluded promptly after the seizure and only rarely require full-scale litigation.
In addition, the following measures are available:
- Expedited Procedure: under Israeli internal Customs working guidelines, Israeli Customs set up a simplified procedure whereby its staff can confiscate shipments of infringing goods without requiring the copyright owner to take legal action or to file a bank guarantee. Israeli courts have denied attempts to question those Customs’ broad powers and have held that the TRIPS border measures provisions do not derogate from Customs’ general powers to seize goods whose importation is in violation of IP or other laws. Customs’ expedited procedure allows for a cost-effective means of combatting piracy and creates a substantial barrier against the importation of infringing goods into Israel.
- IP Unit of the Israeli Police: as the marketing of infringing goods amounts to a criminal offence, the Israeli police set up an IP Unit that monitors the markets, obtains intelligence (from copyright owners, among others) and raids the premises of businesses manufacturing and marketing infringing products. While police raids and confiscation of infringing goods are in themselves valuable, criminal prosecution is slow and inefficient with unsatisfactory criminal sanctions.
- Goods in Transit: in accordance with the bilateral economic agreement between Israel and the Palestinian Authority and the 1994 Act implementing it, Israel and the Palestinian Authority constitute a single Customs Union that permits free movement of goods. The Supreme Court held that importation of goods into Israel for the purpose of sale or marketing in the areas of the Palestinian Authority is equivalent to the importation of goods into Israel for the same purpose (LCA 2736/98 Habboub Bros Co v Nike International Ltd, 54(1) PD 614). Although the subject matter of this ruling was trademark-infringing goods, the Tel Aviv District Court clarified that this ruling also applies to copyright-infringing goods (C.F. (Tel Aviv) 1007/06 Disney Enterprises Inc. v International Line for Trading Company). The District Court accordingly held that the importation into Israel of goods-in-transit destined into the areas of the Palestinian Authority may amount to an infringement of copyright in Israel. Israeli Customs are therefore authorised to seize copyright-infringing goods destined for the Palestinian Authority. In practice, a significant part of customs’ seizures is of shipments of infringing products imported by residents of the Palestinian Authority and destined for these areas.
5.2 Other than the copyright owner, can anyone else bring a claim for infringement of the copyright in a work?
Other than the copyright owner, an exclusive licensee can also bring a claim for infringement of the copyright in a work. A claim for infringement of moral rights may be brought by the author, and if the infringement occurred after his death, by his relatives (a spouse, descendant, parent or sibling).
5.3 Can an action be brought against ‘secondary’ infringers as well as primary infringers and, if so, on what basis can someone be liable for secondary infringement?
Yes, as noted in question 4.1, a person who authorises another person to infringe a copyright work, infringes the copyright. In addition, a person who does one of the following acts with respect to a copyright-infringing copy infringes the copyright, if he has actual or constructive knowledge that said copy is an infringing copy:
- Sale or rental, including offer or display for sale or rental.Possession or import for a commercial purpose.
- Distribution on a commercial scale.
- Exhibition to the public in a commercial manner.
Secondary infringement of moral rights: a person who does one of the above listed acts (excluding import) with respect to a copy of a work (excluding a building or other structure), and such act constitutes an infringement of moral rights, infringes the moral rights if he has actual or constructive knowledge that such copy infringes the moral rights.
Secondary infringement of the right of public performance: a person who permits another person, for financial gain, to publicly perform a copyright work in a place of public entertainment, without the consent of the copyright owner, infringes the copyright, if he has actual or constructive knowledge that said performance would constitute an infringement.
Secondary infringement of the right of making a work available to the public: the Copyright Act provides that a person who facilitates or expands public access to a copyright work which was made available to the public in an infringing manner, infringes the copyright, provided that his actions are made ‘in the course of business’ and for financial gain, and he has actual or constructive knowledge that the work was made available to the public in an infringing manner.
Contributory infringement under general principles of law: in addition to the above which is provided under the Copyright Act, the Israeli Supreme Court has incorporated the general doctrine of contributory infringement into Israeli jurisprudence (C.A. 5977/07 The Hebrew University of Jerusalem v. Schocken Publishing House) and this doctrine is also applicable to copyright infringements. Under the Supreme Court ruling, three cumulative conditions must be satisfied for imposing contributory liability on intermediate parties:
- The plaintiff must prove that at least one actual direct infringement has occurred.
- The defendant must possess actual knowledge of the infringing activity (i.e., constructive knowledge will not suffice).
- The contribution must be significant and substantial.
5.4 Are there any general or specific exceptions which can be relied upon as a defence to a claim of infringement?
Under the Copyright Act, the following uses of a copyright work are permitted:
- Fair use: fair use of a copyright work for purposes such as: private study; research; criticism; review; journalistic reporting; quotation; or instruction and examination by an educational institution.
- Use of works in juridical or administrative procedures: making use of a copyright work in juridical or administrative procedures according to law, including reporting on such proceedings, to the extent that is justified taking into consideration the purpose of the use.
- Reproduction of a work deposited for public inspection: copying of a copyright work that is accessible to the public by law, if consistent with the purpose for which the work was made accessible to the public, and to the extent that is justified taking into consideration the said purpose.
- Incidental use: incidental use of a copyright work by way of including it in a photographic work, in a cinematographic work or in a sound recording, as well as the use of such work which thus includes a copyright work (the deliberate inclusion of a musical work, including its accompanying lyrics, or of a sound recording embodying such musical work, in another work will not be deemed an incidental use).
- Broadcast or copying of work in public place: broadcasting or copying by way of photography, drawing or similar visual description, of a copyright architectural work, sculpture work or work of applied art, where such work is permanently situated in a public place.
- Computer programs:
- Back-up: making a back-up copy of a copyright computer program, by a person who possesses an authorised copy (provided that such copy is destroyed when no longer needed for back-up).
- Maintenance and service: copying a copyright computer program for purposes of maintenance of an authorized copy of the program or of a computer system, or for purposes of providing a service to a person in possession of an authorised copy of the computer program, provided that it is necessary for using the program.
- Repair, interoperability and security: copying a copyright computer program, or making a derivative work therefrom, by a person who possesses an authorised copy of the computer program, for the following purposes and to the extent necessary to achieve these purposes:
- Use of the computer program for purposes for which it was intended, including correction of errors in the computer program or making it interoperable with a computer system or with another computer program.
- Examination of the data security in the program, correction of security breaches and protection from such breaches.
- Obtaining information which is needed to adapt a different and independently developed computer system or program, in such a way that it will be interoperable with the computer program.
- Recording for purposes of broadcast: recording of a work by a person permitted to broadcast it, if the copy is made solely for use in his broadcasts (provided that the recording is destroyed within six months from the first broadcast, or within a later period if so prescribed by law (however, the recording need not be destroyed if it is preserved for archival purposes or as long as the broadcaster is permitted to broadcast the recorded work)).
- Temporary copies: transient copying, including incidental copying, of a copyright work, if such is an integral part of a technological process the only purpose of which is to enable transmission of the work as between two parties, through a communications network, by an intermediary entity, or to enable any other lawful use of the work, provided that said copy does not have significant economic value in itself.
- Additional artistic work made by the author: making a new artistic work which comprises a partial copying of an earlier work, or a derivative work from an earlier work, as well as any use of the said new work, by the author of the said earlier artistic work (even where said author is not the owner of the copyright in the earlier artistic work), provided that the new work does not repeat the essence of the earlier work or constitute an imitation thereof.
- Renovation and reconstruction of buildings: making use of the following works for the purpose of renovation or reconstruction of a building or other structure:
- The architectural work is the aforesaid building or structure or a model thereof.
- The drawings and plans that were used with the consent of the owner of the copyright therein, at the time the said building or structure was originally constructed.
- Typefaces: making use of a typeface in typing, word processing, print and printing, as well as possessing a product for such use, even if made by using a computer program or another product which infringes the right in the typeface (however, a copy embodying a copyright typeface, made without the consent of the copyright owner, remains a copyright-infringing copy). In addition, in evaluating a claim for copyright infringement in a typeface, the existing variety of options for designing letters, digits and other language symbols should be taken into consideration.
In addition to the above, the Copyright Act permits, under certain conditions, the public performance of copyright works in educational institutions, making copies of copyright works in libraries and archives, making copyright works accessible for persons with disabilities and the manufacture of copyright sound recordings subject to royalty payment and private copying of copyright works. Furthermore, in accordance with Amendment No. 5 to the Copyright Act, use of orphan works is also permitted under certain conditions (subject to royalty payment for commercial use, in the event that the copyright owner steps forward).
5.5 Are interim or permanent injunctions available?
In general, both interim and permanent injunctions are available. An exception exists regarding infringing structures under construction: where the construction of a building or other structure has begun, and there is (or there will be upon the completion of construction) copyright or moral rights infringement in that building or other structure, an order to enjoin the construction (or to tear down the construction) will not be available.
5.6 On what basis are damages or an account of profits calculated?
Damages are calculated based on the actual damages suffered by the plaintiff due to the infringement. An account of profits is calculated based on the profits of the infringer that are attributable to the infringement. In general, the plaintiff must elect between recovering his damages and recovering the infringer’s profits.
A third alternative is an award of statutory damages without proof of injury, in an amount not exceeding NIS 100,000 in respect of each copyright or moral rights infringement (however,
infringements carried out as part of a single set of activities shall be deemed a single infringement). In accordance with Amendment No. 5 to the Copyright Act, statutory damages are no longer available, under certain conditions, with respect (among others) to making artistic works available to the public over the internet by an individual person or a small non-profit entity.
An innocent infringer (an infringer who did not know and could not have known that copyright subsists in the infringed work) will not be liable for any damages. The threshold to prove that the infringer was ‘innocent’ is very high and the defence is rarely invoked.
5.7 What are the typical costs of infringement proceedings and how long do they take?
Costs of copyright litigation in Israel vary depending on the complexity of the matter, the type of copyright work and the scope of the evidence. There is no ‘general’ ballpark cost estimate for different cases involving different types of works and different levels of complexity. The duration of infringement proceedings (in the first instance) is anything between 14 and 36 months and sometimes significantly longer. Preliminary injunctions and search and seizure (Anton Piller) orders can, however, be obtained within days to weeks depending on the urgency of the matter.
5.8 Is there a right of appeal from a first instance judgment and, if so, what are the grounds on which an appeal may be brought?
Yes, there is a right of appeal from a first instance judgment. The appellate court has very wide discretion to remedy any error made by the first instance court.
5.9 What is the period in which an action must be commenced?
The period of limitations for commencing an action is seven years. If the plaintiff was not aware of the infringement, for reasons beyond his reasonable control, the seven-year limitation period will only begin on the day on which the infringement has become known to the plaintiff. Furthermore, in case of a continuing infringement, only the ‘part’ of the infringement which took place prior to the seven-year period will be subject to limitations. The cause of action itself will not be lost. Thus, the plaintiff will be entitled to an injunction restraining prospective infringements and to damages for the ‘part’ of the infringement which is not subject to limitations.
6. Criminal Offences
6.1 Are there any criminal offences relating to copyright infringement?
Yes, any of the following acts constitutes a criminal offence:
- Making, possessing or importing into Israel an infringing copy for the purpose of trade therein.
- Selling, renting or distributing an infringing copy of a work or doing any of these acts on a commercial scale.
- Making or possessing an object designed for the production of infringing copies of a work for trading therein.
- In accordance with Amendment No. 5 to the Copyright Act, broadcasting or making a copyright work available to the public in an infringing manner, if made on a commercial scale, ‘in the course of business’ and for financial gain.
6.2 What is the threshold for criminal liability and what are the potential sanctions?
In general, the threshold for imposing criminal liability is general intent. The potential sanctions vary according to the type of offence:
- Making or importing into Israel an infringing copy for the purpose of trade therein is subject to a penalty of up to five years’ imprisonment or a fine in the amount of up to NIS 2,260,000.
- Making or possessing an object designed for making of infringing copies for the purpose of trading therein is subject to a penalty of up to one year imprisonment or a fine in the amount of up to NIS 452,000.
- Any other offence is subject to a penalty of up to three years’ imprisonment or a fine in the amount of up to NIS 1,582,000. In case the offence was committed by a corporation, the fine prescribed for that offence will be doubled. In addition, in case the offence was committed by a corporation or its employee, an office holder in the corporation who is responsible for the field in which the offence was committed or is an active manager or a partner, other than a limited partner, will be liable to a fine in the amount of up to NIS 226,000, unless he proves that he had supervised and done all that is possible to prevent the occurrence of the offence.
In practice, courts are forgiving and criminal sanctions are not imposed to their fullest extent or even close to that.
7. Current Developments
7.1 Have there been, or are there anticipated, any significant legislative changes or case law developments?
Israeli courts have broadly applied the fair use defence and held that it may cover satire and parody. Thus, for instance, the Supreme court ruled that in certain circumstances, a commercial parody is permissible under the fair use doctrine (C.A. 3425/17 Societe des Produits Nestle v. Espresso Club Ltd. (7.8.2019)).
Several bills in copyright matters have been introduced into the Knesset (Israeli parliament) in recent years. These bills propose, among others, to exempt, under certain conditions, public performance of copyright-protected works in the premises of small businesses and to regulate the payment of royalties to collective licensing organisations.
7.2 Are there any particularly noteworthy issues around the application and enforcement of copyright in relation to digital content (for example, when a work is deemed to be made available to the public online, hyperlinking, in NFTs or the metaverse, etc.)?
See question 5.3 (obviously, the imposing of liability for secondary infringement of the right of making a work available to the public, which was introduced in Amendment No. 5 to the Copyright Act, is of particular relevance to the issue of hyperlinking).
In addition, the courts are authorised to issue blocking orders to internet service providers (ISPs) with regard to copyright-infringing sites and to order ISPs to disclose the identity of alleged infringing subscribers to prospective plaintiffs.
In addition, the Israeli Supreme Court has already ruled, in 2012, that the streaming of copyright works via the internet amounts to their ‘broadcasting’, and thus may constitute copyright infringement (CA 9183/09 The Football Association Premier League Limited v John Doe). Furthermore, the Supreme Court noted that hosting or hyperlinking to infringing content in one’s internet site may amount to contributory copyright infringement.
7.3 Have there been any decisions or changes of law regarding the role of copyright in relation to artificial intelligence systems, including the use of copyright in those systems and/or any work generated by those systems?
The role of copyright in relation to artificial intelligence (AI) systems is not regulated in the Copyright Act and has not yet been addressed in the local case law. However, In December 2022, the Israel Ministry of Justice published an opinion on the question of whether machine leaning (ML) enterprises can make unauthorised use of copyright-protected materials to train AI systems. The Opinion concludes that apart from certain circumstances, the use of copyright-protected materials for ML is permitted under existing copyright doctrines. According to the Opinion, the use of copyright-protected materials for training AI systems will typically be covered by the fair use doctrine, but may also fall, in some cases, under the doctrine of incidental use and the doctrine of transient use (in cases where the copyright-protected materials are erased at the end of the ML process).
The Opinion, however, does not apply to the output of the ML process and indicates that that there may be cases where the ML process would be protected under the Opinion, yet the output of the resulting AI system would be infringing.
Although the courts are not bound by said opinion, they are likely to give it substantial weight in relevant cases.


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Janet's Titanic Art Page: KEEPERS
This is your opportunity to keep something from TITANIC. No one may keep a scene, you may keep an object, person, emotion, and or part of a scene. Limit 4 keepers per person. Please have several alternatives in mind if you something you want is kept. FYI- If you love Kate and Leo like I do, I can allow you to have this wallpaper if you send me an e-mail!
(COMING SOON.. WHO IS KEEPING WHAT!!)
This is what the graphic looks like:
Please link the keeper(s) to my TITANIC PAGE
To make your requests, please email me your name, URL (optional), and what you would like to keep. Please give me time to make the graphic and send it to you. I will try to get all graphics out with 1 or 2 weeks. The Webmistress owns: the kiss on the bow, the quote "Where to miss, to the stars", Rose and Jack's kiss in the Renault, and The reunion at the end
Janet's TITANIC Art:
Simple Yet Beautiful!
|Wallpapers and Banners|
|Movie and History Inspired Art|
|My Titanic Keepers and Awards Received for my various web pages!|
|Get a TITANIC KEEPER!!|
|Links to my web pages!|

domain: artistic


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By Maryan Abdinur
You’ll see them in every mainstream fashion magazine imaginable. Their marketing campaigns are seemingly endless, and their advertising is impeccable. But often, top selling cult beauty products are absolutely loaded with harmful chemicals that have been associated with everything from skin and eye irritations to cancer and other serious diseases. No wonder there’s a growing number of beauty companies 100% dedicated to using natural ingredients in their products.
Unfortunately though, these brands may be harder to find because the companies are smaller and can’t afford to bombard consumers with their messages in larger magazines, but as a beauty pro who has tried and tested many organic and natural brands, I can assure you that these are often on par with, if not better, than their better known counterparts.
Here, we’ve listed some of the most frequently bought chemical cosmetics, and have carefully thought about which natural alternatives are close to the brand, if not better. But don’t take our word for it – try these organic beauty dupes yourself!
YSL lipsticks are synonymous with bold lips, “pure ”colours and “silky and sensual” textures. Disappointingly, the attractive descriptors fail to mention the load of harsh chemicals we’re exposed to in the name of the shades we love. Synthetic colorants derived from petroleum or coal-tar, are especially concerning as they can expose us to hard metals which accumulate in our bodies.
Fortunately, beautifully packaged green alternative, Axiology saves us from having to forego bold lips forever. Their lipsticks use only natural minerals including iron oxides, mica and titanium dioxide to achieve beautiful colours. Vegan and cruelty-free, Axiology ethically sources all of its plant based ingredients and is an active voice in the movement against conflict palm oil.
Eight Hour Cream is heralded as being a lightly scented, go-to product for dry skin. It works on heels, cuticles, dry elbows and even lips. But guess what? The Elizabeth Arden classic is packed with chemicals, including petrolatum -a whopping 56.8% – mineral oil, fragrance and propylparaben, a preservative than can act as a hormone disruptor. The formulation is akin to paying for some expensive Vaseline with a laundry list of harmful irritants, allergens and toxins to boot.
Not so for All You Need Is Me from True Organic Sweden. Super intense and multi-purpose, the Swedes have got it right with this one. A little goes a long way with our 50mL tube that’s free of mineral oil, silicones, and alcohol. The natural balm is made up of 95% certified organic ingredients including castor oil, beeswax, olive oil, shea butter, vitamin E, blueberry seed oil and sunflower oil. That’s it! And it protects your skin even better than the EA Cream does, seriously.
Estee Lauder Night Repair Serum is marketed as a magical anti-aging product targeting lines and wrinkles. The formula is fragrance free however still receives an alarming 8 on EWG’s Skin Deep database with ingredients such as BHT, Oxtinoxate and Retinyl Palmitate, all of which are flagged for serious health concerns. Estee Lauder also features on PETA’s Companies That Do Test on Animals, so the serum can’t be classified as truly cruelty free.
On the other hand, Oskia’s Super 16 serum is cruelty-free, and is so named thanks to a fusion of 16 super nutrients and bioactive ingredients which address multiple ageing concerns. In addition to multiple sea based ingredients, this serum also contains an innovative ingredient called Bakuchiol, which is derived from Indian Babchi Seeds (historically used to heal cuts). This new ingredient works much like Retinol, and Bakuchiol also reverses signs of ageing and prevents future skin damage.
The serum itself has a light, naturally derived floral scent, is absorbed instantly, and feels silky smooth on the skin. The pipet ensures you don’t waste a drop, and skin feels velvety soft immediately after use – but the true anti-ageing effects come with continued use. This product has won multiple awards for its effectiveness, and is a perfect choice for anti-ageing serum lovers who want a more natural, ethical product.
Classic scents define us when we enter a room, and Chanel No 5 is arguably the world’s most iconic perfume for exactly this reason. Since its development almost a century ago, the formula of Chanel No. 5 hasn’t changed much. Whilst we love a classic scent, we’d prefer to take a pass on the toxic ingredient list.
Thankfully there’s a cruelty-free natural brand that creates captivating scents without the harsh chemicals. One Seed from Australia designs, formulates and handcrafts 100% natural perfumes from their Adelaide studio. The boutique perfumery eschews synthetic chemicals for plant and flower extract blends free from petrochemicals, solvents, dyes, alcohol, and pesticides. Their Freedom Eau de Parfum isn’t exactly like Chanel No. 5 of course, but it is similar, and features some of the same notes, such as rose, sandalwood, (plant derived) musk, and ylang ylang.
Cosmetics lovers, MUA’s and beauty bloggers have raised NARS Blush in Orgasm to cult status. So much so that despite the $30 price tag, the single swatch compact seemingly flies off beauty shelves; this could be because the peachy-pink shade is almost universally flattering on different skin complexions while flecks of shimmery gold lend a luminous glow we love. However, NARS Blush is made up of a number of preservatives and colour additives linked to organ system toxicity, allergies and skin, lung and eye irritations. Particularly concerning are the presence of parabens – Methylparaben, Propylparaben and Butylparaben to be exact.
Luckily, Korres’s Peach 18 Blush is an all-natural option that is in almost the same hue as the NARS favourite. It applies smooth and buttery just like NARS does, and delivers the same gorgeous pigmentation. Although you’re paying roughly the same price as the NARS blush, you’re not getting cheap synthetic compounds – it’s all about the mineral pigments, here.
Shocking fact: this (animal tested) cult cream contains not one, not two, but FIVE of the 12 most toxic ingredients in cosmetics listed on the Environmental Working Group’s website, Skin Deep! According to cult beauty blog, Paula’s Choice: “Crème de la Mer contains mostly seaweed extract, mineral oil, Vaseline, glycerin, wax-like thickening agents, lime extract, plant oils, plant seeds, minerals, vitamins, more thickeners, and preservatives.” At over £300 for a jar, but Creme de la Mer seems to be more toxic than it’s worth.
Instead, this all natural, caviar based cream by Arbu offers all the goodness of the sea, but without any chemical nasties whatsoever. We’ve tried this super rich formula and can 100% testify that it’s extremely gentle, very moisturizing and perfect for even the driest of skin. It also contains a powerful lifting formula that restores youthful facial contours and retexturizes the skin. Like Creme de la Mer, it was scientifically developed with nourishing extracts from the sea – namely caviar extract, which is naturally rich in glycine and proline – as well as essential amino acids, part of the skin’s natural bio-feedback mechanism, which stimulates collagen synthesis. Plant-derived phytoelastin helps tissues regain their original shape and structure. Organic acerola extract, an excellent source of vitamin C, provides strong antioxidant action to protect the skin against the damage caused by free radicals. And at less than half the price of Creme de la Mer, it’s a bargain, too!
Make up artists around the world rave about Maybelline Great Lash black mascara for it’s simple, straight brush that separates lashes and lasts and lasts. But Maybelline is on PETA’s ‘list of shame’ for animal testing, and despite those nasty tests, there are still plenty of ingredients in their mascara that can irritate sensitive eyes, causing itchiness and rashes around the eye socket, inflammation of the eyelashes (sometimes leading to shedding).
Lily Lilo’s well loved mascara lengthens, curls, volumizes and lifts lashes using all-natural ingredients. Formulated with none of the FD&C dyes and chemicals in most commercial mascaras, this one is gentle enough for even the most sensitive of us, and also uses nourishing ingredients that can help the lashes to grow to their potential.
Lancome’s Renergie Lift foundation gets rave reviews for its moisturizing texture and added SPF 20. Customers say that it gives enough coverage to cover light hyperpigmentation and never settles in fine lines, even without a primer. This is all certainly true, but once again, this French brand is marked by PETA as doing animal testing. And of course, like most mainstream beauty brands, this one comes packed with chemical colourants and preservatives.
I’ve personally tried both brands, and while they are remarkably similar in terms of hues and coverage, because it never tests on animals and contains only natural ingredients, ILIA’s tinted moisturiser definitely comes out on top. Like Lancome’s product, it contains SPF 20, but there’s much more to it than that. It gives enough coverage to hide blemishes, and lasts all day long without ever settling into fine lines. In fact, I would say it even gives me a bit of a glow!
MAC Russian Red lipstick has long been a favourite for its pure red hue and perfect matt finish. But recently, MAC has fallen out of favour with animal lovers including Pamela Anderson, a former MAC spokesperson, because they’ve started to sell in China, where animal testing is required. Plus, MAC uses all kinds of toxic chemicals to create its makeup – just look at the labels!
Inglot Red 408, on the other hand, is a high quality, long lasting matte lipstick enriched with natural ingredients such as macadamia nut oil and avocado butter to protect the lips, while the non-sticky, long lasting formula ensures even application. This Inglot lippie provides an opaque, perfectly matte finish without any harmful ingredients, and of course, this eco-minded brand never tests on animals.
Over 20 years ago, Chanel created a sensation with what was the nail varnish of the 90s – Vamp. Worn by Uma Thurman in Pulp Fiction, Madonna in her Take a Bow video, and it was seen all over Marc Jacobs’s runways, too. Vamp was discontinued though it flew of the shelves, and was finally reissued in 2003, but this time with a slight shimmer that looked more glossy than sparkly when applied.
Vamp’s blackened red has been lauded by many a beautista as being the perfect sophisticated nail shade for evening fetes and winter weather, and the good news is that Chanel varnishes are now all officially 5-free! But a much cheaper, and equally eco version of the shade exists – Talk To My Lawyer is so close to Vamp’s colour and texture, it’s a virtual dupe. Just like Chanel’s polish, this one lasts for about a week, and gives your mani the exact same glossy dark red sexiness, but for about half the price.
What would you rather put on your eyelashes: bimatoprost ophthalmic solution, which, if it touches your eye, is actually such a strong chemical it can change the colour of your iris….or natural plant based oils?
We know what we’d pick and that’s why Papillon Eyelash Growth Serum is our favourite replacement for Latisse. Based on the blend of oils in Papillon, eyelashes are not only encouraged to grow, they’re also gorgeous cared for, like a precious pelt. This all natural solution is the perfect way to end your bedtime beauty rituals – and did we mention it comes with the best eyelash curler we’ve ever tried? Seriously!

domain: chemistry


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The VENICE model is the classic aviator model in a colored polycarbonate version with bamboo temples. It is a super cool model for those who like a classic model but with a modern touch.
- Flexible Polycarbonate Frame.
- Bamboo Temples.
- Flexible Hinges.
- TAC (Cellulose Acetate) Lens Polarized UV400.
- Includes: Sport case, Microfiber Cloth, Warranty Card and Gift Sticker.
- Measurements: Front 13.5 cm, Height 5.4 cm, Temples 14 cm and Bridge 1.3 cm.


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Marijuana Moment is one of my daily reads. They cover what is happening by state and federal government, including bill tracking, local and international info, science and health, and business aggregating all the information out there. How many of you know that Thailand legalized cannabis?
California, one of the most mature states in the sector, legalized recreational weed in 2016 and medical in 1996. That means most people have been buying their weed legally since the late 90s because getting a medical card was more accessible than obtaining a driver’s license.
The price differential between what legal cannabis products are being sold in California vs. NY is vastly different. A pre-rolled joint in California is around $5 vs. NY, where the price can be $20-50, depending on the brand. Not surprising that many of the Cali brands are working with NY farmers to build their brands out here for the legal market. Also not surprising you can find many of these Cali brands in illegal stores where they can make some margin.
Building a new industry is not easy, but what is holding back growth is one thing only, Federal taxes. That tax law is called 280E. It forbids businesses from deducting ordinary business expenses from gross income associated with Schedule I or II drugs—another charming throwback to the Reagan administration. Essentially nothing can be deducted like in a regular business forcing anyone in the cannabis business to be taxed around 70%. Many companies are taxed almost twice as much as they make. How do you build a new industry on that? Remember that 37 states have legalized weed.
If technology businesses were taxed at 70% gross when the industry started to ramp up in the early 90s, would we have Google, Facebook, Linkedin, Airbnb, Salesforce, etc., etc.? This tax impedes the cannabis industry that will generate over $50B in 2028, not including the illegal market blossoming in NY. The only business that benefits from all of this is the federal government. Maybe they are just not making enough with FEMA, Fannie Mae, Student Loans, and all the other businesses they run.
American Express, Amazon, and Anheuser Busch are just a handful of large companies spending lobbying dollars to make changes at the federal level that will allow cannabis to be treated like a regular business. It kills me that, once again, companies have to spend money on lobbying because that is how business is done in Washington, aka corruption.
My bet is on Gavin Newsom, who sees firsthand how his state is being hammered and probably has his eyes on something bigger than just running California. My hope is he will sue the federal government to legalize cannabis. It will change everything.
Why must we spend billions on this when the federal government could do the right thing? After watching our Congresspeople interrogate TikTok CEO Shou Chew, I guess it isn’t surprising, just depressing.


Cloud computing environments are categorized into three types– private clouds, public clouds, and hybrid clouds. Choosing any of these environments largely depends on the type of data you’re working with and the level of security and control you desire. You may prefer one over the other or you may opt to combine any combination of the three, but before you make any decision you may wish to compare them to arrive at an option that works best for you.
Data and information on a public cloud are provided off-site through the Internet. A public cloud environment offers greater flexibility in sharing information than its private counterpart.
You should consider using a public cloud if:
- Your organizational setup involves interaction between lots of people.
- Your Software as a Service (SaaS) vendor has a reliable security system for its applications.
- You intend to develop or code applications.
- You require expansionary capacity (which gives you the leverage to increase your data use capacity when your business grows.
- Your business involves collaborating with others.
- You have a small budget for cloud services.
The major disadvantage of using public clouds is that it is less secure and less reliable than the other cloud options. Carefully consider the nature of your project and the security and control levels it requires before opting for a public cloud.
Private clouds are cloud environments where data and information are organized and managed on a private network. A private cloud is more expensive to maintain than a public one but offers greater levels of security and control than the public cloud. It is the most reliable cloud option, but also the most expensive.
You should consider a private cloud if:
- Your organization deals with sensitive data and information. In such a case, security and control are imperative and should not be toyed with. The private cloud is the best option here.
- Your company belongs to an industry where information use and dispersal are regulated.
- Your organization has the capital and size to effectively operate a cloud data center without external input.
Private clouds are known for their reliability and security but are expensive to set up and maintain. On the other hand, public clouds are cheaper but less reliable and less secure. Therefore, many businesses shy away from these two options. Businesses instead prefer a solution that combines the advantages of both public and private clouds while, at the same time, minimizing the disadvantages of both. They often times opt for a hybrid cloud.
A hybrid cloud is a combination of private and public cloud options and gives user the best of both worlds. Using a hybrid cloud gives you the ability to spread things out in accordance with your particular needs. You may decide to keep sensitive data in a private location on the cloud and at the same time keep projects that need collaboration in the public sphere. For example, assuming your business is concerned with products or services that are targeted to unrelated markets, using the public option in a hybrid cloud will allow you to communicate with your customers, while at the same time secure their peculiar information in a private cloud.
If you decide to move your business to the cloud or you’re already on the cloud but thinking of changing your cloud environment, the comparison above should be enough to guide you in making the right decision. Examine your business needs and go for the option that works best for you.


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Golan Levin, an artist and engineer, uses modern tools — robotics, new software, cognitive research — to make artworks that surprise and delight. Watch as sounds become shapes, bodies create paintings, and a curious eye looks back at the curious viewer. (Recorded at TED2009, February 2009 in Long Beach, CA. Duration: 15:33)
Twitter URL: http://on.ted.com/24
Watch Golan Levin’s talk from TED2009 on TED.com where you can download this TEDTalk, rate it, comment on it and find other talks and performances from our archive of 475+ TEDTalks.
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