text:
Have a great day 🙂
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Caruana, Fabiano (2783) – Radjabov, Teimour (2753)
FIDE Candidates Tournament (chess24.com) [7] 2022.06.25
B28 Sicilian, O'Kelly variation
1.e4 c5 2.Nf3 a6 3.c4 Nc6 4.d4 cxd4 5.Nxd4 e5 6.Nf5 d5 7.cxd5 Bxf5 8.exf5 Nd4 9.Bd3 Qxd5 10.Nc3 Qd7 11.O-O Nf6 12.Bg5 Be7 13.Re1 O-O-O 14.Rxe5 Nc6 15.Bxf6 Bxf6 16.Rd5 Qe7 17.Bc4 Kb8 18.Qd3 Qb4 19.Bb3 Nd4 20.Qc4 Qxc4 21.Bxc4 Rc8 22.Bd3 Nc6 23.Be4 Rhe8 24.f3 Re7 25.Rad1 h6 26.Kf2 Rcc7 27.R5d2 Bxc3 28.bxc3 Ne5 29.Rc1 f6 30.Kg3 Ka7 31.Rd4 Rc5 32.Kh4 Rec7 33.Kh5 b5 34.f4 Nd7 35.Rcd1 Nb6 36.R1d3 Na4 37.Kg6 Nxc3 38.Bf3 Nxa2 39.Rd7 Nc3 40.Kxg7 b4 41.Kxf6 b3 42.Rd2 a5 43.Ke6 Rxd7 44.Rxd7+ Ka6 45.f6 b2 46.f7 b1=Q 47.f8=Q Qg6+ 48.Qf6 Qe8+ 49.Kd6 Rc4 50.Rc7 Kb5 51.Qe5+ Qxe5+ 52.fxe5 Rxc7 53.Kxc7 Kc5 54.e6 Nb5+ 55.Kd7 a4 56.e7
00:00 Hello Everyone!
00:20 Nice Photo!
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17:15 It Was In This Position
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The 2022 FIDE Candidates Tournament is an 8-player double round-robin that will decide Magnus Carlsen's challenger for the 2023 World Championship match, or, if Magnus decides not to play the match, the two players who will battle it out for the title. There is also a €48,000 top prize at stake. The venue is the Palacio de Santoña, Madrid, from June 17th to July 4th. If players tie for 1st place there will be a playoff on July 5th. No draw offers are allowed before Black's 40th move.
The players get 2 hours for 40 moves, then 1 hour for the next 20 moves, then 15 minutes for the rest of the game, with a 30-second increment only from move 61. A playoff will feature two 15+10 rapid games followed, if needed, by two 3+2 blitz games. If still tied the players will keep playing single blitz games until one of them wins. If more than two players tie for 1st there will be a mini round-robin. Official website: worldchampionshipcycle.fide.com
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Is Discontinued By Manufacturer : No
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2009 Munich Heli Masters
On 11th - 13th Sep 2009, the 2009 Munich Heli Masters was held in Munich, Germany. We would like to congratulate Mr. Eric Weber, for the second year in a row, took the first place. Mr. Kyle Dahl and Mr. Marius Müller, won the second place and third place respectively, were powered by Scorpion HK40 Series Motor.
Source: http://www.rcheliresource.com/results-2009-munich-heli-masters/


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Cheap Alcohol Highlights Need for Duty Reform
New figures out this week highlight the need for an alcohol duty reform across England.
Almost 400,000 in the North East are drinking more since Covid...
Nearly 400,000 people in the North East have been drinking more since Covid with the majority at levels likely to put their health at risk.
Soaring numbers drinking more
Balance has responded to alarming new figures out today (Tues 15 Sept) which suggest soaring numbers of people in England are drinking more during the pandemic.
Balance calls on Government to address UKs alcohol harm crisis...
Alcohol is inflicting long-lasting harm across all areas of society and family life, according to a group of cross-party Parliamentarians. The group of MPs, peers and health experts...
New survey shows drinkers being kept in the dark
Drinkers are being kept in the dark about how to minimise the risks from alcohol as a major survey shows producers are failing to include basic health and calorie information on labels....
Balance welcomes consultation on alcohol calorie labelling
Balance has welcomed an announcement by the Government to consult on calorie labelling on alcohol and is calling on Ministers to give people more information on what is in their drinks....
Warning to parents about teenagers summer drinking sessions
As lockdown eases and concerns rise about alcohol-related disorder and social distancing, Balance and partners are warning parents about the risks of teenagers and alcohol this summer....
Balance warns of 4th July alcohol impact on emergency services...
Balance is today warning about the potential impact of alcohol on emergency services as pubs prepare to re-open from this weekend.
Renewed calls for MUP in England as new Scottish data released...
The introduction of a minimum unit price (MUP) for alcohol in Scotland is working and should be introduced in England without delay, according the North Easts alcohol office, Balance....
New study shows poor are more at risk of alcohol-related violence...
Balance and Police and Crime Commissioners have expressed concern at a major new report showing people in the poorest areas are more at risk of alcohol-related violence.


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Ideally yes. The sorting of your items is very personal and unique to you. My services include supporting and offering advice if necessary on decisions that are to be made regarding your belongings from whether to keep or not to keep, or how I think it could be best organised. Being a part of the process benefits you as you will learn how the newly organised space will work, how it will fit into your life, your family's life, and how to sustain the space. However, there are stages during the time I am there, that I can be left to work the magic, if you wish!
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variants: or pre-publication
Definition of prepublication
: released or occurring before something (such as a book or paper) is published a prepublication copy of the book In the current system of prepublication peer review, a paper is evaluated before publication by a small number of other scientists (typically three or four).— Nikolaus Kriegeskorte
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The Devil's Familiar
Not Available
Genre: Horror
Director: Kieran Edwards
Actors: Christopher Gadd, David Clarke, David Pearl, Kieran Edwards, Pete Moulam, Ross Mooney, Sarah L. Page, Thomas Lee Rutter, Uriel Davies
Release: 2020
IMDb: 2.3
Bad Ben – The Mandela Effect
In 2016 the horror Tom Riley experienced in a home he bought at a Sheriff's Sale was captured on 21 security cameras in the home. What if he was experiencing…
New arrivals at a college get in over their heads believing they are about to pledge an exclusive fraternity.
The Nights of Terror
Professor Ayres discovers a secret in an ancient stone and when he opens a crypt, he revives zombies that kill him. He had invited three couples to visit him in…
DeepStar Six
The crew of an experimental underwater nuclear base are forced to struggle for their lives when their explorations disturb a creature who threatens to destroy their base.
Exorcist Chronicles
Across the world, demonic possessions are on the increase. Two specialists are brought in and uncover a dark and terrifying worldwide plot.
Hinsdale House
Actors and crew arrive at the actual Hinsdale House in upstate New York and prepare to shoot a horror movie over the next few weeks. The owner of the property…
Tales Beyond Madness
An omnibus of tales of horror and adventure by the master of suspense Damon Packard
Basket Case 2
Having eluded the authorities after a series of grisly murders, the pair find sanctuary at the palatial home of Granny Ruth, an eccentric philanthropist who rallies the cause of "Unique…
Once upon a time … Angie, an aging star reluctantly goes on one last shoot for a seedy Producer, on location, in an enchanting old cabin deep in the shadowy…
The Addiction
A vampiric doctoral student tries to follow the philosophy of a nocturnal comrade and control her thirst for blood.
The Djinn having been released from his ancient prison seeks to capture the soul of the woman who discovered him, thereby opening a portal and freeing his fellow Djinn to…
I Heard It Too
A mother puts her daughter to bed but when she wakes up, is it really her mother calling her name?


text: 2022 – 25th June – La Baule & BBQ Evening from 5pm – at the church Ladies Meeting – meets each Wednesday at 11.00 in the church hall for fellowship, friendship and chat over coffee. Contact Jennifer Gurney for details SISTERS – have meetings and events through the year to be notified via their WhatsApp group and in church services. Contact Sabina Madiri for details Men's Fellaship – meet for meals out and other activities. These are notified via their WhatsApp Group and in services. Contact Kirk Dumpleton for details. Prayer Fellowship – meet at the church each Tuesday from 7 – 8pm. See Sabina Madiri for details. Sunday 5th June – we are planning to have a Fellowship and friendship meal after the service to celebrate the Queen's Jubilee. Saturday 25th June – BBQ & La Boule evening at the church from 5pm


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compacted soils
Hydromechanical behavior of unsaturated soils: Interpretation of compression curves in terms of effective stress
May 22, 2021
John S. McCartney
Fatemah Behbehani

This state-of-the-art paper on the hydromechanical behavior of unsaturated soils focuses on the interpretation of the compression curves of unsaturated soils in terms of effective stress, with the goal of understanding the relative impacts of suction on the effective stress, net yield stress, effective yield stress and slope of the virgin compression li...
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The Influence of Moisture Content on Tensile and Compressive Strength of Artificially Cemented Sand
November 22, 2012
F. Stracke
J.G. Jung
E.P. Korf
N.C. Consoli

Applying Portland cement to soils is an excellent technique when it is necessary to improve local soil for the
 construction of stabilized pavement bases and to have a support layer for shallow foundations. Consoli et al. (2007, 2009,
 2010) developed a rational dosage methodology for artificially cemented soils based on porosity/c...
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Nov 07, 2021eLatest Entertainment News: Check ouक्षत्रिय राजपूत ठाकुरt the latest bollywood news and read movie reviews, box office collection updates at Pinkvilla.
Apr 06, 2020eThe UFC currently has a total of 12 weight classes; 8 mens and 4 womens. Every fighter in the UFC must fight within an existing weight class (although they can choose to move up or down the divisions if they wish).क्षत्रिय राजपूत ठाकुरUFC, for example, recognizes women's titles in the strawweight, flyweight, bantamweight and featherweight classes. Some organizations that recognize women's championships also sanction a separate atomweight title with a 105 pounds (48 kg) limit. See also. Brazilian Jiu-Jitsu weight classes; Weight class (boxing) Kickboxing weight classesक्षत्रिय राजपूत ठाकुरNov 15, 2021eThe Ultimate Fighting Championship introduced two weight classes at UFC 12: Heavyweight, which grouped competitors above 200 lb (91 kg), and Lightweight, which grouped competitors under 200 lb ...
UFC weight classes were first introduced in 1997. At UFC 12, the first two UFC weight classes were introduced, UFC lightweight division and UFC heavyweight division. At UFC 31, the weight classes were modified to reflect the current MMA standard.Oct 28, 2021eThe UFC since 2012 hasn't introduced any male weight classes and has stuck with the eight weight classes it currently has. Those weight classes are flyweight, bantamweक्षत्रिय राजपूत ठाकुरight, featherweight, lightweight, welterweight, middleweight, light-heavyweight, and heavyweight. The UFC has been more flexible with adding women's weight classes, last adding ...Nov 04, 2021eTop welterweight contender Colby Covington isn't out to make friends and he showed that during the UFC 268 Media Day by bashing fighters in three different weight classes.May 06, 2013eAlso, it's helpful to understand how the MMA classes work. Basically, there's pressure from the top down to fight in lower weight classes. You have these guys in Heavyweight weighing in at 270lbs, so the 230lbs heavyweights will drop down to 205 so they don't have a huge disadvantage.
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Defending the Lion City: The armed forces of Singapore
Allen & Unwin, 2000 - History - 360 pages
Singapore is located in the heart of the Muslim Malay world, yet 78 per cent of its population is ethnically Chinese. The prosperous city-state relies on outside sources for virtually all its water and food; it has no access to the high seas, on which it depends for 85 per cent of its trade, except through its neighbours' waters. Physically linked to Malaysia by a causeway and a bridge, only twenty kilometres of sea separate Singapore from the nearest Indonesian territory.
Surrounded by larger and more populous nations, Singapore has been acutely aware of its vulnerability since separating from the Malaysian federation in 1965. Singapore's government has met its defence needs with characteristic determination, building powerful, well-equipped and highly-trained armed forces based on a relatively small professional core and much larger numbers of conscript and reservist citizen soldiers.
Defending the Lion City, the first-ever major study of the Singapore Armed Forces (SAF), provides a comprehensive and up-to-date assessment of Singapore's impressive military capability and the strategic outlook and policies which have shaped it. The book analyses the roles, structure, training and logistic arrangements of each branch of the SAF - army, air force and navy - as well as recent moves to enhance combined arms and joint service capabilities. It investigates Singapore's growing military cooperation with other armed forces in the region - and further afield - and assesses the SAF's personnel policies, the role of SAF officers in politics and civilian administration, and Singapore's burgeoning defence-industrial capability. In light of the crucial role the SAF plays in maintaining the security of Singapore, Defending the Lion City also asks the question: what are the areas of potential vulnerability in Singapore's defence posture?
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1 The Singapore Armed Forces origins and early years
2 Defence policy threat perceptions and strategy
3 Command and control
4 Personnel
5 Singapores army
6 The Republic of Singapore Air Force RSAF
7 The Republic of Singapore Navy RSN
8 Defence procurement RD and industry
10 Political and administrative roles
Appendix 1 Summary of forces
Appendix 2 Paramilitary forces
9 Regional and international links
Other editions - View all
Common terms and phrases
active air defence air force aircraft allowed annual areas armed forces armoured army artillery Asia Asian August Australia battalions became bilateral Brigade British cent Chief civil close combat Command communications companies concern continued cooperation December Defence Minister Division early economic effective engineering equipment established exercises expanded facilities February foreign helicopters important increased Indonesia industry infantry interest International involved January joint July June late light logistic maintain major Malay Malaysia March military MINDEF minister missiles mobilisation naval Navy November NSFs October officers operational organisation particularly personnel Pioneer planning political potential procurement programme range regional regular relations remained reservist responsible role RSAF RSAF's SAF's senior September Singapore Singapore's Singapore's defence Southeast Squadron Staff strategic strike supply threat transport units vehicles weapons


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List of Edited Articles
Recently published articles handled as primary editor:
Hajir Hilal, Qiang Zhao, Jeongwon Kim, Sungwoo Lee, MohammadNavid Haddadnezhad, Sungjae Yoo, Soohyun Lee, Woongkyu Park, Woocheol Park, Jaewon Lee, Joong Wook Lee, Insub Jung, Sungho Park
Three-dimensional nanoframes with dual rims as nanoprobes for biosensing (Journal Article)
In: Nature Communications, vol. 13, no. 4813, 2022, ( Most SERS-active nanostructures suffer from low robustness against misalignment to field polarization. Here, the authors demonstrate three-dimensional nanoframes of octahedral geometry, with two rims engraved on each facet, as polarization-independent SERS nanoprobes.).
(Abstract | BibTeX | Altmetric | Links: )
Three-dimensional (3D) nanoframe structures are very appealing because their inner voids and ridges interact efficiently with light and analytes, allowing for effective optical-based sensing. However, the realization of complex nanoframe architecture with high yield is challenging because the systematic design of such a complicated nanostructure lacks an appropriate synthesis protocol. Here, we show the synthesis method for complex 3D nanoframes wherein two-dimensional (2D) dual-rim nanostructures are engraved on each facet of octahedral nanoframes. The synthetic scheme proceeds through multiple executable on-demand steps. With Au octahedral nanoparticles as a sacrificial template, sequential processes of edge-selective Pt deposition and inner Au etching lead to Pt octahedral mono-rim nanoframes. Then, adlayers of Au are grown on Pt skeletons via the Frank-van der Merwe mode, forming sharp and well-developed edges. Next, Pt selective deposition on both the inner and outer boundaries leads to tunable geometric patterning on Au. Finally, after the selective etching of Au, Pt octahedral dual-rim nanoframes with highly homogeneous size and shape are achieved. In order to endow plasmonic features, Au is coated around Pt frames while retaining their geometric shape. The resultant plasmonic dual-rim engraved nanoframes possess strong light entrapping capability verified by single-particle surface-enhanced Raman scattering (SERS) and show the potential of nanoprobes for biosensing through SERS-based immunoassay.
Lei Zhang, Chen Yang, Chenxi Lu, Xingxing Li, Yilin Guo, Jianning Zhang, Jinglong Lin, Zhizhou Li, Chuancheng Jia, Jinlong Yang, K. N. Houk, Fanyang Mo, Xuefeng Guo
Precise electrical gating of the single-molecule Mizoroki-Heck reaction (Journal Article)
In: Nature Communications, vol. 13, no. 4552 , 2022, (Guiding chemical reactions in a predictable and controllable manner is an ultimate goal of chemistry. Here, the authors show tuning of the single-molecule Mizoroki-Heck catalytic cycle through electrical gating and direct in-situ detection.).
(Abstract | BibTeX | Altmetric | Links: )
Precise tuning of chemical reactions with predictable and controllable manners, an ultimate goal chemists desire to achieve, is valuable in the scientific community. This tunability is necessary to understand and regulate chemical transformations at both macroscopic and single-molecule levels to meet demands in potential application scenarios. Herein, we realise accurate tuning of a single-molecule Mizoroki-Heck reaction via applying gate voltages as well as complete deciphering of its detailed intrinsic mechanism by employing an in-situ electrical single-molecule detection, which possesses the capability of single-event tracking. The Mizoroki-Heck reaction can be regulated in different dimensions with a constant catalyst molecule, including the molecular orbital gating of Pd(0) catalyst, the on/off switching of the Mizoroki-Heck reaction, the promotion of its turnover frequency, and the regulation of each elementary reaction within the Mizoroki-Heck catalytic cycle. These results extend the tuning scope of chemical reactions from the macroscopic view to the single-molecule approach, inspiring new insights into designing different strategies or devices to unveil reaction mechanisms and discover novel phenomena.
Sungjae Yoo, Jaewon Lee, Hajir Hilal, Insub Jung, Woongkyu Park, Joong Wook Lee, Soobong Choi, Sungho Park
Nesting of multiple polyhedral plasmonic nanoframes into a single entity (Journal Article)
In: Nature Communications, vol. 13, no. 4544 , 2022, (The spatial configuration of nanostructure building blocks determines the physical and optical properties of their superstructures. Here, the authors report on complex nanoparticles in which different geometric forms of nanoframes are nested into a single entity by multistep chemical reactions.).
(Abstract | BibTeX | Altmetric | Links: )
The development of plasmonic nanostructures with intricate nanoframe morphologies has attracted considerable interest for improving catalytic and optical properties. However, arranging multiple nanoframes in one nanostructure especially, in a solution phase remains a great challenge. Herein, we show complex nanoparticles by embedding various shapes of three-dimensional polyhedral nanoframes within a single entity through rationally designed synthetic pathways. This synthetic strategy is based on the selective deposition of platinum atoms on high surface energy facets and subsequent growth into solid platonic nanoparticles, followed by the etching of inner Au domains, leaving complex nanoframes. Our synthetic routes are rationally designed and executable on-demand with a high structural controllability. Diverse Au solid nanostructures (octahedra, truncated octahedra, cuboctahedra, and cubes) evolved into complex multi-layered nanoframes with different numbers/shapes/sizes of internal nanoframes. After coating the surface of the nanoframes with plasmonically active metal (like Ag), the materials exhibited highly enhanced electromagnetic near-field focusing embedded within the internal complicated rim architecture.
Mingu Kang, Hyun Woo Kim, Elham Oleiki, Yeonjeong Koo, Hyeongwoo Lee, Huitae Joo, Jinseong Choi, Taeyong Eom, Geunsik Lee, Yung Doug Suh, Kyoung-Duck Park
Conformational heterogeneity of molecules physisorbed on a gold surface at room temperature (Journal Article)
In: Nature Communications, vol. 13, no. 4133, 2022, (Tip-enhanced vibrational spectroscopy at room temperature is complicated by molecular conformational dynamics, photobleaching, contaminations, and chemical reactions in air. This study demonstrates that a sub-nm protective layer of Al2O3 provides robust conditions for probing single-molecule conformations.).
(Abstract | BibTeX | Altmetric | Links: )
A quantitative single-molecule tip-enhanced Raman spectroscopy (TERS) study at room temperature remained a challenge due to the rapid structural dynamics of molecules exposed to air. Here, we demonstrate the hyperspectral TERS imaging of single or a few brilliant cresyl blue (BCB) molecules at room temperature, along with quantitative spectral analyses. Robust chemical imaging is enabled by the freeze-frame approach using a thin Al2O3 capping layer, which suppresses spectral diffusions and inhibits chemical reactions and contamination in air. For the molecules resolved spatially in the TERS image, a clear Raman peak variation up to 7.5 cm−1 is observed, which cannot be found in molecular ensembles. From density functional theory-based quantitative analyses of the varied TERS peaks, we reveal the conformational heterogeneity at the single-molecule level. This work provides a facile way to investigate the single-molecule properties in interacting media, expanding the scope of single-molecule vibrational spectroscopy studies.
Nam Heon Cho, Young Bi Kim, Yoon Young Lee, Sang Won Im, Ryeong Myeong Kim, Jeong Won Kim, Seok Daniel Namgung, Hye-Eun Lee, Hyeohn Kim, Jeong Hyun Han, Hye Won Chung, Yoon Ho Lee, Jeong Woo Han, Ki Tae Nam
Adenine oligomer directed synthesis of chiral gold nanoparticles (Journal Article)
In: Nature Communications, vol. 13, no. 3831, 2022, (Chiral plasmonic nanoparticles are of great interest in nanotechnology. Here, the authors demonstrate chiral shape guidance by single-stranded oligonucleotides during particle growth based on sequence-specific hydrogen bonding within the strand.).
(Abstract | BibTeX | Altmetric | Links: )
Precise control of morphology and optical response of 3-dimensional chiral nanoparticles remain as a significant challenge. This work demonstrates chiral gold nanoparticle synthesis using single-stranded oligonucleotide as a chiral shape modifier. The homo-oligonucleotide composed of Adenine nucleobase specifically show a distinct chirality development with a dissymmetric factor up to g ~ 0.04 at visible wavelength, whereas other nucleobases show no development of chirality. The synthesized nanoparticle shows a counter-clockwise rotation of generated chiral arms with approximately 200 nm edge length. The molecular dynamics and density functional theory simulations reveal that Adenine shows the highest enantioselective interaction with Au(321)R/S facet in terms of binding orientation and affinity. This is attributed to the formation of sequence-specific intra-strand hydrogen bonding between nucleobases. We also found that different sequence programming of Adenine-and Cytosine-based oligomers result in chiral gold nanoparticles' morphological and optical change. These results extend our understanding of the biomolecule-directed synthesis of chiral gold nanoparticles to sequence programmable deoxyribonucleic acid and provides a foundation for programmable synthesis of chiral gold nanoparticles.
Li-Zhe Feng, Jing-Jing Wang, Tao Ma, Yi-Chen Yin, Kuang-Hui Song, Zi-Du Li, Man-Man Zhou, Shan Jin, Taotao Zhuang, Fengjia Fan, Manzhou Zhu, Hong-Bin Yao
Biomimetic non-classical crystallization drives hierarchical structuring of efficient circularly polarized phosphors (Journal Article)
In: Nature Communications, vol. 13, no. 3339, 2022, (Chiral emitters with high photoluminescence quantum yield are desirable for use in circularly polarized LEDs. The authors demonstrate the transfer of chirality from nanoscale copper iodide clusters to microscale chiral luminescent polycrystals by non-classical crystallization.).
(Abstract | BibTeX | Altmetric | Links: )
Hierarchically structured chiral luminescent materials hold promise for achieving efficient circularly polarized luminescence. However, a feasible chemical route to fabricate hierarchically structured chiral luminescent polycrystals is still elusive because of their complex structures and complicated formation process. We here report a biomimetic non-classical crystallization (BNCC) strategy for preparing efficient hierarchically structured chiral luminescent polycrystals using well-designed highly luminescent homochiral copper(I)-iodide hybrid clusters as basic units for non-classical crystallization. By monitoring the crystallization process, we unravel the BNCC mechanism, which involves crystal nucleation, nanoparticles aggregation, oriented attachment, and mesoscopic transformation processes. We finally obtain the circularly polarized phosphors with both high luminescent efficiency of 32% and high luminescent dissymmetry factor of 1.5 × 10^−2, achieving the demonstration of a circularly polarized phosphor converted light emitting diode with a polarization degree of 1.84% at room temperature. Our designed BNCC strategy provides a simple, reliable, and large-scale synthetic route for preparing bright circularly polarized phosphors.


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discussing prohibitions of the Stored Communications Act, 18 U.S.C. § 2701, et seq.Summary of this case from Oksiit Madencilik San. Tic. A.S. v. Linkedin Corp.
Case No.: C 12-80242 EJD (PSG)
(Re: Docket No. 11)
Before the court is the persnickety, but persistent, question of exactly what qualifies as "content," whose disclosure by service providers is prohibited under the Stored Communications Act. On November 7, 2012, Tibra Trading Pty Ltd. & Ors. ("Tibra") moved to quash a subpoena issued by Optiver Australia Pty. Ltd. & Anor. ("Optiver") to obtain certain discovery from Google, Inc. ("Google") for use in a foreign proceeding. Optiver opposes the motion. On December 18, the parties appeared for oral argument. Having reviewed the papers and considered the arguments of counsel, the court GRANTS-IN-PART Tibra's motion.
Unless otherwise noted, the factual background undisputed and is taken from Optiver's "Memorandum in Support of Motion for Judicial Assistance Pursuant to 28 U.S.C. Section 1782." See Docket No. 2, 3.
Optiver is a trading firm. In the underlying proceeding in the Federal Court of Australia, Optiver alleges that several of its former employees copied Optiver's proprietary source code, left Optiver, and used the code to found Tibra in 2006. In the Australian proceeding, Optiver sought discovery from Tibra of emails sent and received by individual parties related to the Optiver source code. Tibra produced a number of emails, but Optiver suspected that key emails relating to the allegedly stolen code were previously deleted. In response, the Federal Court of Australia ruled Tibra's responses were inadequate and ordered further discovery. The court's order specifically contemplated Optiver seeking leave of a United States court to allow Optiver to obtain discovery from Google.
The court understands that discovery from Google under the authority of the Australian Court was unavailing. See Docket No. 3 ¶ 8.
On October, 9, 2012, Optiver filed ex parte for judicial assistance pursuant to 28 U.S.C. § 1782 to serve a subpoena upon Google for documents to be used in the foreign proceeding. The court granted Optiver's ex parte application. Soon thereafter, Optiver issued a subpoena to Google regarding a number of electronic communications sent or received by certain Gmail accounts allegedly used by employees of Tibra. Optiver's requests consist of two requests:
See Docket No. 1.
See Docket No. 6.
See Docket No. 5, 11-12.
Request One: Documents sufficient to identify the recipient(s), sender, subject, date sent, date received, date read, and date deleted of emails, email attachments, or Google Talk messages that contain either of the terms "PGP" or "Optiver" (case insensitive) sent or received between January 1, 2006 and December 31, 2007 for the following email addresses: (email addresses omitted).
Request Two: Documents sufficient to show the recipient(s), sender, subject, date sent, date received, date read, and date deleted of emails, email attachments, or Google Talk messages sent or received between November 3, 2005 to December 31, 2009 that were sent to or from the above-listed email addresses and to or from the following email addresses: (email addresses omitted).
Tibra now moves to quash the subpoena.
By now it is well-established that civil subpoenas, including those issued pursuant to 28 U.S.C. § 1782, are subject to the prohibitions of the Stored Communications Act ("SCA"). Congress passed the SCA in 1986 because "the advent of the Internet presented a host of potential privacy breaches that the Fourth Amendment does not address."
See Theofel v. Farey-Jones, 359 F.3d 1066, 1071-72, 1077 (9th Cir. 2004) (holding that the SCA applies in the civil subpoena context); Suzlon Energy Ltd. v. Microsoft Corp., 671 F.3d 726, 718 (9th Cir. 2011) (holding that the SCA applies to a subpoena issued under 28 U.S.C. § 1782).
Quon v. Arch Wireless Operating Co., Inc., 529 F.3d 892, 900 (9th Cir.2008) (rev'ed in part on other grounds) (citing Orin S. Kerr, A User's Guide to the Stored Communications Act, and a Legislator's Guide to Amending It, 72 Geo. Wash. L.Rev. 1208, 1209-13 (2004)).
The SCA prohibits service providers from knowingly disclosing the contents of a user's electronic communications. The SCA states that "a person or entity providing an electronic communication service to the public shall not knowingly divulge to any person or entity the contents of a communication while in electronic storage by that service." The "contents" of a "wire, oral, or electronic communication" is defined as "any information concerning the substance, purport, or meaning of that communication."
See 18 U.S.C. § 2701, et seq.
Id. subsection (a)(1).
A. Request One Impermissible Seeks Content by Requesting Communications Containing the Terms "PGP" or "Optiver" in the Substance of the Communication
Optiver's Request One seeks information pertaining to emails, email attachments and Google Talk messages containing the terms "PGP" or "Optiver." Tibra argues that by requesting emails and such containing these terms, Optiver is requesting content of the communications in violation of the SCA. Optiver responds that "PGP" is the name of an encryption system, not content. Optiver also argues it wants documents mentioning "Optiver" not to discover the substance of the communications, but to locate communications that might be relevant to the foreign litigation. Optiver notes that if the email has been encrypted through PGP, it cannot access the content without the proper encryption key and pass phrase, which it does not have.
Optiver misses the point. The SCA prohibits any knowing disclosure by service providers of the content of electronic communications, no matter how insignificant. The search proposed by Optiver would necessarily reveal that the emails identified contain the terms "PGP" or "Optiver," which are words contained in the body of the communications. These terms constitute content, or information concerning the "substance, purport, or meaning" of the communications. However trivial, this is exactly the sort of information the SCA sought to protect.
Cf. Crispin v. Christian Audigier, Inc., 717 F. Supp. 2d 965, 969 (C.D. Cal 2010) (quashing subpoena that sought all communications referring to certain keywords).
B. Requests One and Two Seek the Subject Lines of the Emails, Which are Content under the SCA
Tibra next contends that both Requests One and Two violate the SCA because they seek the subject lines of the email communications and Google Talk messages.
It is clear from the purpose and nature of the subject line that it is "content" intended to fall under the protection of the SCA. The subject lines of emails and other electronic communications serve to convey a substantive message about the body of the email. In the sense that they communicate information concerning the "substance, purport, or meaning" of the topic of the email, subject lines are no different from the body of the email. In contrast to, say, subscriber information, revealing the subject line would necessarily reveal information about the substance of the communication. In fact, a message's subject line is nothing less than a pithy summary of the message's content.
See Mintz v. Mark Bartelstein & Associates, Inc., Case No. 12-02554 SVW SSX, 2012 WL 3553351 (C.D. Cal. Aug. 14, 2012).
Cf. In re United States for an Order Authorizing the Use of a Pen Register & Trap, 396 F. Supp. 2d 45, 48 (D. Mass. 2005) (holding that "the information contained in the 'subject' would reveal the contents of the communication and would not be properly disclosed pursuant to a pen register or trap and trace device"). While this case considered the Wiretap Act and not the SCA, the SCA explicitly adopted the definition of the "content" set forth in the Wiretap Act. See 18 U.S.C. § 2711(1).
Materials from the U.S. Department of Justice and the legislative history of the SCA underscore the notion that subject lines are content. The U.S. Department of Justice manual advises United States Attorneys that subject lines are considered "content" under the SCA. The legislative history of the SCA shows that Congress appreciated that subject lines would be included within the meaning of "content": the House Report on the USA PATRIOT Act and the PATRIOT Act amendments state that email subject lines are "clearly content."
See U.S. Dep't of Justice, Searching and Seizing Computers and Obtaining Evidence in Criminal Investigations, 123, 148 at n.15 (2001). See also Kerr, supra, at 1228 (noting "[i]t is also fairly clear that the subject line of the e-mail counts as 'contents,' as the subject line generally carries a substantive message.")
H.R. Rep. No. 107-236, Part 1, at p. 53 (2001) ("Thus, for example, an order under the [SCA] could not authorize the collection of email subject lines, which are clearly content"). Tibra further argues Requests One and Two impermissibly seek the file names of email attachments, which it argues are content under the SCA. In its response, however, Optiver explicitly disclaims any interest in the attachments, mooting the argument. See Docket No. 13 at 6.
C. Optiver is Entitled to Non-Content Metadata
In the event the court finds that the requests seek impermissible content, Optiver asks that the court only quash the portion that violates the SCA. The court struggles to understand how such information would be helpful to Optiver, who states its goal in requesting this information is to "seek[] data regarding these email accounts to potentially support its arguments in the Federal Court of Australia that Tibra has intentionally destroyed evidence that indicates it stole Optiver's source code." But Optiver is entitled to such non-content metadata, and such metadata it shall receive.
Docket No. 13 at 3.
See Beluga Shipping GMBH & Co. KS BELUGA FANTASTIC v. Suzlon Energy LTD., Case No. 10-80034 JW PVT, 2010 WL 3749279 (N.D. Cal. Sept. 23, 2010) (holding that Google, as a service provider, was only required to produce non-content information such as names of the email account holders, when the email accounts were created, and the countries from which the email accounts were created).
The SCA offers broad protection against disclosure of content by service providers. Optiver's Request One is invalid because it seeks disclosure of the terms "Optiver" and "PGP," so Tibra's motion to quash Request One is GRANTED. Request Two violates the SCA insofar as it seeks the subject of the communications, but the remainder is permissible. Accordingly, consistent with the remainder of the subpoena, Google is required to provide only the following information: "Documents sufficient to show the recipient(s), sender, date sent, date received, date read, and date deleted of emails, email attachments, or Google Talk messages sent or received between November 3, 2005 to December 31, 2009 that were sent to or from" the email addresses listed.
United States Magistrate Judge


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text: Moses Mwebaze is an educational technologist and researcher with actionable knowledge and skills in Online and Distance Education. He holds a master's degree from the Institute of Educational Technology, Open University, UK. Moses is the team leader at Kufundisha Tecknologia Consults (KTC). He is currently providing Technology Enhanced Learning(TEL) classes to Kampala School of paramedical(KSP) and also providing advisory and technical support to the country's leading school textbook publisher on their eLearning project for primary and secondary education. With his vast experience working with health research projects in Uganda, he developed a mobile application prototype to justify the support for continuous training of Community Health Workers using mobile learning. As a researcher, he is also working on the topic "Factors that support or hinder educators in Central Uganda primary and secondary education in utilizing OERs, OS tools, and MOOCs in their Professional Development". The goal is to support educators at all levels to adapt to utilizing the affordances technology to facilitate education and training.


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