text:
Russians Support Putin's Re-Nationalization of Oil, Control of Media, But See Democratic Future
July 10, 2006
Americans Endorse Russia's G-8 Membership,
Are Optimistic about Democracy in Russia
Russian President Vladimir Putin plays host to the Group of Eight major industrial powers this week despite a chorus of criticism in both Europe and the United States about Kremlin initiatives that seem to be rolling back democratic and economic reforms.
A new WPO/Levada Center poll suggests, however, that neither the Russian nor the American publics are convinced Russia is headed in an anti-democratic direction. Both Russians and Americans believe that Russia will become more democratic and that it should be part of the G-8 summit. Russians, however, generally support Putin's concentration of political power and strongly support the re-nationalization of Russia's oil and gas industry.
These results are among the findings of new joint polls conducted by the Levada Center in Russia, June 9-14, and by WorldPublicOpinion.org in the United States, June 26-July2.
Stephen J. Weber, associate director of WorldPublicOpinion.org, said the results indicated that Putin was "reading his public well."
"Russians are more attracted to order and a strong center than to press freedom and political pluralism, at least for now," he said. "A liberal democracy, often bringing in tow messiness and inequalities, is not the majority goal."
Re-nationalization of Industries
Under President Putin, the Kremlin has re-established its control over Russia's energy industry. Despite the outcry such measures have generated abroad, Russian public support for them is very strong. His re-nationalization of the oil and gas companies is especially popular: 85 percent of Russians favor the policy (56% "definitely"). Only seven percent oppose it. Moreover, most Russians (65%) say they would definitely (34%) or probably (31%) favor the "nationalization of other industries that are presently in private hands." Only a quarter (23%) say they would oppose such measures.
Restrictions on Media, NGOs
Majorities or pluralities of Russians express support for measures that international and domestic critics cite as evidence that President Putin is rolling back democratic reforms. Since Putin's election in 2000, the Kremlin has brought national television broadcasters under state control while state-owned or state-controlled companies have bought up some of the country's most influential newspapers and magazines. A majority (56%) of Russians, however, support "increased government control of the media" either generally (37%) or "only as a temporary measure" (19%). Twenty-one percent oppose such control and 22 percent say they are neutral or don't know.
President Putin's government has also come under criticism for passing legislation that tightens regulations governing the activities of internationally-funded human rights groups. But Russians themselves lean toward support for these measures. Nearly half (43%) support restrictions imposed on international NGO's promoting human rights, saying they either support them outright (28%) or as a temporary measure (15%). Thirty-two percent of Russians oppose such limits.
More than a third (37%) of Russians also supports Putin's decision in December 2004 to end the direct election of governors, including 11 percent who support it as a temporary measure. Only 18 percent of Russians oppose this change and 44 percent say they are neutral or don't know. President Putin himself now appoints Russia's 89 regional leaders.
Although Russians support policies that are concentrating political power in the Kremlin, at least as temporary measures, they still tend to believe their country is on a democratic course. Half of the Russian public (50%) feels that in ten years Russia will be either much more (16%) or somewhat more democratic (34%). The other half feel that their country will be less democratic (21%) or say they don't know (28%).
Most Americans (71%) also feel that Russia will become more democratic over the next ten years, despite negative coverage of Putin's initiatives in the U.S. media and outspoken criticism of his actions by lawmakers from both parties in Congress. Only one in four (25%) says it will become less democratic. This optimism about democratic trends in Russia echoes other recent findings by Levada and WorldPublicOpinion.org, released in May 2006, showing that both Russians and Americans felt Russia was becoming more democratic and responsive to its people.
Majorities of both Americans and Russians endorse democracy as "the best form of government," though the Russian endorsement appears far more fragile. An overwhelming majority of Americans (91%) agree with this statement and only seven percent disagree. Russians agree by a slim 52 percent majority while more than a third (34%) disagree and 15 percent express no opinion.
Liberal Democracy vs. Central Control
Russians look favorably on China's combination of strong central government controls with rapid economic growth. When asked to choose which government model had "more to offer Russia," a plurality (44%) preferred "a centrally controlled government such as China's," with less than a third (30%) selecting "a liberal democracy as in the United States." To control for any bias against the United States, half of the Russian sample was asked to choose between the Chinese model and liberal democracy "as in Great Britain or France." It made little difference which countries were used to exemplify liberal democracy, however. Again, only a third (33%) favored liberal democracy while a plurality (44%) chose the centrally-controlled Chinese model.
The Levada Center/WorldPublicOpinion.org survey released last May produced complementary results. While Russians said they believed the United States was much more democratic than China, they rated the systems of governments in both countries equally favorably. They also gave both economic systems similarly favorable evaluations. Across these studies, Russians show considerable respect for the Chinese model, although they recognize it as clearly less democratic than Western systems.
Importance of the G-8 Summit
More Russians are aware of the upcoming G-8 summit than Americans. Sixty-four percent of Russians indicated that they had heard about the summit when surveyed in June, but only 39 percent were able to identify St. Petersburg as the site. Only 27 percent of Americans said that they had heard about the summit. Because of these differences, questions about the G-8 were sometimes worded differently for the two populations (see questionnaire). In this and other studies, Russians are more likely to decline to give an opinion than are Americans.
A large majority of all Russians (77%) say that Russia's participation in the G-8 summit is important for Russia and its future and a majority (66%) also believes that Russia's participation is important for the world community. Americans broadly agree: 88 percent say that it is important for Russia to be a G-8 participant. Both Russians and Americans feel that Russia should take part, and Americans seem to endorse Russian participation even more strongly than Russians do.
Some Western critics of Russian policies have argued that Russia should be excluded from the G-8 because it is neither a democracy nor one of the world's largest economies. The Russian public seems to have heard these criticisms. Only half (49%) think that Russia is definitely (12%) or probably (37%) perceived as a full member of the G-8 by other countries. Thirty-nine percent say it is definitely not (6%) or probably not (33%_ considered a full member and 12 percent don't know. Most Americans (56%), however, say they do think of Russia as a full member. Only 31 percent think of Russia as "something less than a full member."Twelve percent don't know.
Nearly half of Russians (46%) feel that their country's relationship with the United States will improve as a result of the summit, 39 percent think it will stay the same and 2 percent say it will get worse. Among Americans, 29 percent feel Russian-U.S. relations will improve; 58 percent see no change; and 7 percent predict deterioration.
Issues for Discussion at the Summit
In both Russia and the United States, pollsters presented respondents with an identical list of topics and asked them to choose which should be discussed by world leaders in St. Petersburg. However, as noted above, survey procedures were different so the absolute percentages favoring each topic may not be comparable. Nevertheless, the question highlights the differences between Russian and American priorities.
For both Russians and Americans the "struggle against terrorism" was the most popular topic. More than half of Russians (57%) and an overwhelming majority of Americans (84%) said terrorism was an important subject for discussion. The second most popular topic among Russians (46%) was "poverty." Among Americans, in contrast, poverty was seventh among the eight topics given. For Americans "democracy and human rights" was the second most popular topic (74%), while for Russians this was the least popular of the eight topics (14%).
Prevention of infectious diseases stood third in popularity for each country, chosen by 36% of Russians and 73% of Americans. The other agenda topics stood lower in both countries: energy security was fifth among Russians and sixth among Americans, and education was sixth among Russians and eighth among Americans.
The topics put on the summit agenda by President Putin himself–energy security, prevention of infectious disease and education–were not among the most popular among the publics of either country.
Russia-NATO Relations
NATO was a Cold War creation designed to protect Europe from the Soviet Union. Fifteen years since the end of the Soviet Union, do Russians and Americans still believe NATO and Russia have reason to fear each other?
Most Russians (60%) disagree with the statement that NATO members have reason to fear Russia. Only a third (30%) believes that NATO countries have reason to fear Russia. Americans are divided: 45 percent agree with the statement and 46 percent disagree.
The Russian public, however, does believe that Russia has reason to fear NATO: 61 percent agree with this proposition and 29 percent disagree. Americans, again have a somewhat divided view, though a plurality (49%) disagrees with the notion that Russians should fear NATO, 40 percent think Russia has reason to be afraid.
In Russia, Levada Center polled 1,600 respondents (margin of error +/-2.5%) June 9-14, 2006. In the United States, Knowledge Networks polled 1,059 respondents (margin of error +/- 3.1) from June 27-July 2, using its nationwide panel, which is randomly selected from the entire adult population and subsequently provided internet access. For more information about this methodology, go to Knowledge Networks.


text:
2018 Triumph Bonneville Bobber
- Year
- 2018
- Maker
- Triumph
- Model
- Bonneville Bobber
- Class
- Motorcycle
- Category
- Cruiser
- Condition
- New
- Price
- $12,150
- Trim
- State
- California,CA
Brutally beautiful, the new Bonneville Bobber is a genuine factory custom. It perfectly encapsulates the minimalistic styling principles, muscular stance and purposeful engineering attitude of a genuine Bobber.
Stripping the Bonneville T120 back to its purest essence it delivers all the hallmarks of a real bobber. With clean lines and low stance, single seat, wide flat bars, minimal bodywork and headlight, sculpted tank, wire spoked wheels, with wide rear wheel and that all important hard tail look.
A unique chassis, suspension and frame deliver a supremely confident, dynamic and comfortable category defining ride. With an innovative elegantly engineered adjustable seat and clock position to suit the rider and riding style. The stunning 'swing cage' hard tail set-up and hidden mono-shock suspension make the bobber as dynamic and thrilling to ride as it is to look at.
All electronic components are hidden from view so as not to compromise its clean lines. Rider focused technology and the signature Bonnie straight-line 'hidden cat box' exhaust run, are all neatly incorporated without interfering with the Bobber's stunning looks.
At the heart of the Bobber is a category-leading, high-torque Bonneville 1200cc engine with a dedicated Bobber tune for even more torque and power low down and twin slash cut sawn off peashooter silencers and unique twin airbox and filters to surround the rider in a pure Bonneville hot rod sound.
The Bonneville Bobber has over 150 additional accessories available to enhance its beauty further and make it truly unique.
You may interest
2018 Triumph Bonneville Bobber Black
2018 Triumph STREET TRIPLE R ABS
2018 Triumph Bonneville Bobber (2 Tone)

subset: commoncrawl


text:
LISTENING BACK through the CD collection of recent years, it's the inquiring pianism of Liam Noble that provides an edge to recordings by the likes of Mark Lockheart, Julian Siegel, Alex Garnett and the delightfully anarchic Pigfoot.
As an educator, Noble no doubt inspires the same satisfying, left-field spirit of creativity in others, whilst his 2009 trio 'take' on Dave Brubeck's work was hailed by the late, great man as "an inspiration and a challenge for me to carry on in the avenues that you have opened. I've never gone so far into the unknown as you three but I have opened the door and peeked in. Your CD is an invitation to enter."
Now, with his first solo release in 20 years, the pianist quite remarkably reveals his intentional avoidance of writing music for the two-day studio session. And whilst such ultimate freedom in improvisation might initially seem disconcerting, the recorded opportunity to re-visit these imaginings provides the intrigue (Noble likening his deconstructed interpretations of familiar tunes to slalom skiing: "Taking out all the poles, only a bare slope remains. So I leave some in, but try to surprise myself (and the listener) about where they are").
It's a fascinating course to traverse, the recognisable melody of Wouldn't It Be Loverly (the 'room somewhere' from My Fair Lady) coming more clearly into view towards the finishing line, once Noble has freestyled obliquely. Through its sparseness and melancholy, Paul Simon's Tenderness is easily discerned, though flecked with sumptuous, alternative chordal colour and sensitive rubato; and Noble's bubbling solo piano variation of Directions is striking in its acoustic interpretation of Joe Zawinul's electronic, early fusion abstractness. Classic There Is No Greater Love swaggers and swings brightly (imagine an animated and varied conversation between Ellington and Monk) – and here, as frequently throughout the album's sequence, the urge to replay and catch new detail is compelling. Indeed, Thelonious Monk's own Round Midnight hides amongst the shadows in Noble's considered ruminations, demanding careful attention.
The memory of the late, great Kenny Wheeler is honoured in a bustling reading of Sophie (from Music for Large & Small Ensembles); and standard Body and Soul is the subject of perhaps the most impressionistic of all of the pianist's concepts, initially far removed from any thoughts of Louis or Billie – yet it slowly and delicately unfurls to reveal its beauteous jazz hues. Six White Horses is a real ear-grabber, with Noble simulating so well the US Country feel of the galloping, banjo-accompanied original, especially through judicious internal muting of the piano strings.
And then there are Noble's own creations – Major Minor, which rings to deep-end prepared piano and percussive, Ginastera-like flair; Now, whose chiming harmonics are a joy (with Debussian overdub melodic variation Now and Then); and I Wish Played Guitar, its magnificently disturbed undertow reflecting the title.
Quite what Sir Ed (and Lady Elgar) might think of the pianist's closing "tinkering" with their engagement celebration piece, Salut d'Amour… well, I could probably guess! But, though it takes far more liberties than Ken Russell's classic Monitor movie of the early '60s, it does reveal a deep understanding of the salon favourite's harmonic structure – and 'Edu' enjoyed a jape or two.
So, what of the macaw sharing the cover art spotlight? It's Liam's "accomplice" – a visual metaphor for the colourful unpredictability of it all. Mr Brubeck would surely recommend 'peeking in and entering.'
Released on 25 May 2015 – on Basho Records – A Room Somewhere is available from JazzCDs and all good jazz outlets.
Liam Noble piano
Basho Records – SRCD 48-2 (2015)


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The story of Madame de Florian's home seems almost too far-fetched to be true, but the discovery of her glamorous Paris apartment – which has been locked behind closed doors since 1942 – is evidence of a life and style too fabulous to be fiction.
{Getty images via AnOther}
The apartment belonged to Marthe de Florian, an actress and socialite who lived in swirl of fine gowns and love affairs with important men, from Prime Minister Georges Clemenceau to painter Giovanni Boldini, who captured her beauty in the radiant portrait above. She lived in this decadent apartment on the Right Bank with her own portrait in pride of place until she died, leaving her home to her grandaughter, Madame de Florian.
In 1942 at the age of 23, Madame de Florian was forced to flee Paris as the German troops drew ever nearer. She locked the doors and moved to the South of France, never to return, although she continued to pay her service charges until her death at the age of 91. It wasn't until 2010 that auctioneers opened the doors to the apartment once again and discovered the incredible time capsule that lay gathering dust inside.
Amongst the elegant carved furniture, moth-eaten silks and dulled cut crystal the auctioneer came across Marthe de Florian's portrait alongside ribbon-bound love letters that confirmed the identity of both the artist and subject, who was only 24 when it was painted. The painting recently sold for an astonishing €2.1 million… the apartment however remains in the hands of the de Florian estate, back behind closed doors and just as it was the day Madame de Florian left.
Ps – If this apartment captivates you too, you must visit Dennis Severs' House in Folgate Street. It's the closest you'll get to the magic of an abandoned home.


text:
(Redirected from Trial)
Trials are difficult experiences which test the character of the person experiencing them.
- TRIAL, n. A formal inquiry designed to prove and put upon record the blameless characters of judges, advocates and jurors. In order to effect this purpose it is necessary to supply a contrast in the person of one who is called the defendant, the prisoner, or the accused. If the contrast is made sufficiently clear this person is made to undergo such an affliction as will give the virtuous gentlemen a comfortable sense of their immunity, added to that of their worth.
- Ambrose Bierce, The Devil's Dictionary (1911).
- Q: You just don't get it, do you, Jean-Luc? The trial never ends. We wanted to see if you had the ability to expand your mind and your horizons. And for one brief moment, you did.
- Brannon Braga and Ronald D. Moore, "All Good Things", Star Trek: The Next Generation, (May 23, 1994).
Hoyt's New Cyclopedia Of Practical QuotationsEdit
- Quotes reported in Hoyt's New Cyclopedia Of Practical Quotations (1922), p. 814-15
- Pray, pray, thou who also weepest,—
And the drops will slacken so;
Weep, weep—and the watch thou keepest,
With a quicker count will go.
Think,—the shadow on the dial
For the nature most undone,
Marks the passing of the trial,
Proves the presence of the sun.
- Elizabeth Barrett Browning, Fourfold Aspect.
- The child of trial, to mortality
And all its changeful influences given;
On the green earth decreed to move and die,
And yet by such a fate prepared for heaven.
- Sir Humphrey Davy, Written after Recovery from a Dangerous Illness.
- 'Tis a lesson you should heed,
Try, try, try again.
If at first you don't succeed,
Try, try, try again.
- W. E. Hickson, Try and try again.
- But noble souls, through dust and heat,
Rise from disaster and defeat
The stronger.
- Henry Wadsworth Longfellow, The Sifting of Peter, Stanza 7.
- Rocks whereon greatest men have oftest wreck'd.
- John Milton, Paradise Regained (1671), Book 2, line 228.
- There are no crown-wearers in heaven who were not cross-bearers here below.
- Charles Spurgeon, Gleanings among the Sheaves, Cross-Bearers.
- As sure as ever God puts His children in the furnace, He will be in the furnace with them.
- Charles Spurgeon, Gleanings among the Sheaves, Privileges of Trial.
- Trials teach us what we are; they dig up the soil, and let us see what we are made of; they just turn up some of the ill weeds on to the surface.
- Charles Spurgeon, Gleanings among the Sheaves, The Use of Trial.


text:
Summer swim league season is right around the corner and now is the time to start picking your swim team swimsuits, swim caps, and team t-shirts. To help you with this process the D&J Sports Swim Shop is gearing up and ready to assist the swim teams. D&J Sports keeps one of the largest inventories on hand of swimsuits in the country, as well as all other accessories, and for swim teams that order through D&J Sports, they keep a special inventory of their swim team suits for fast turnaround on fill in orders.
Here is what D&J Sports will do for your swim team:
- They will pre-order and stock enough swimsuits to fill your swim team when you need them, there is no need for you to carry around swimsuits all summer long.
- They will give you the special team pricing for swimmers who join late.
- They will send you a sizing kit for a couple of weeks so that all of your swimmers can receive the correct size.
- They can customize your swim team suits with your swim team logo, plus they can also help you design a new logo for your swim team.
You can contact the store nearest you for more information about summer swimsuits and swim gear.


text:
Story by
Ken Yeung
Ken Yeung is a reporter for The Next Web based in San Francisco, CA. He carries around a big camera & likes to write about tech, startup Ken Yeung is a reporter for The Next Web based in San Francisco, CA. He carries around a big camera & likes to write about tech, startups, parties, and interesting people. Follow him on Twitter, on Facebook, and Google+.
Today marks a historic moment for one of Silicon Valley's biggest and well-known companies. It has been a decade since LinkedIn was founded as a business-related social network and now it has grown up to become a successful public company with more than 225 million members and nearly $325 million in quarterly revenue.
Founded by Reid Hoffman, Allen Blue, Konstantin Guericke, Eric Ly, and Jean-Luc Vaillant on May 5, 2003, LinkedIn has gone on to become a company most startups dream about growing into, and has certainly played a big part in bringing professional lives online and making them more social.
Let's face it, the existing way of finding a job and making connections is just not working anymore. There's an adage that says "It's not what you know, it's who you know." LinkedIn is proof of that. Simply finding an appealing job and submitting a resume isn't enough — now companies are looking for personalized approaches and recommendations from networks.
Ten years on, LinkedIn has established itself as an international company, with more than 3,700 employees around the world, including in Mountain View, California, Chicago, Los Angeles, New York, Amsterdam, Dubai, Hong Kong, Milan, Mumbai, Paris, Singapore, Tokyo, Toronto, and several others. It is available in 19 different languages too — besides English, there's Czech, Dutch, French, Indonesian, Italian, Malay, Polish, Romanian, Russian, Spanish, Swedish, and more.
Since it has become a global resource, it's interesting to see just how far-reaching has it become. Following its Q1 2013 earnings report this past week, LinkedIn revealed a breakdown of its 225 million registered members.
Naturally, the majority are from the US — after all, this is the company's country of origin. The next largest country is India with 19 million, followed by Brazil with 12 million, and the United Kingdom with 11 million.
The history of LinkedIn
Having started in the heyday of services like Friendster and MySpace (the era of Tom, not Justin Timberlake), creating yet another social network was probably not all that easy. But LinkedIn's founders sought to appeal not to the teenagers and young adults who wanted to share their updates with the world, but more towards those who were into professional development and looking for a new way of doing business.
Guericke once spoke with Bloomberg Businessweek and described what made LinkedIn different from those traditional social networks:
"We're here to build a business, not to create something cool. MySpace and Facebook have done really well. And I think they can monetize what they have built, probably by adding in more e-commerce. But I think the opportunity on the business side is ultimately larger.
"People who have been working for at least 10 years have a network. It doesn't come from networking; it just comes automatically, from going to work. But people tend to lose touch.
"Those networks are valuable. I see business as a Darwinian enterprise. People tend to hire and make other business decisions by drawing on these personal networks. Is a job candidate honest or hard-working? You can't tell from a resume or even from an interview. That's why people fall back on trusted relationships."
In an interview with CNN Money in 2009, Hoffman said that when LinkedIn was started back in 2002, the industry was in a "dot-com winter". He says that consumer Internet ventures were looked upon with skepticism and it was important for it to distinguish itself from everyone else. Keep in mind that the "dot-com bubble" burst in 2000 so the introduction of another service that some thought was going to be big lacked market confidence.
Hoffman didn't let that deter him. In that same interview, he said that starting a business during an economic downturn is the "exact right time to do it because it gives you runway." When LinkedIn began, naturally the company moved cautiously to make sure that its system worked.
One of the first challenges that the company set itself to overcome was just how it could hit a million users. That was the goal and nothing else. Hoffman admitted that LinkedIn wasn't trying to work on a business model, at least not until 2005.
Here's a screenshot of LinkedIn back when it rolled out in 2003. It features the page that you see after you've logged in. It's definitely much different than what it is now.
According to Chris Saccheri, formerly LinkedIn's Director of Web Development, in the early days, user adoption was rather slow. In the first week, the service had 2,500 users, which grew to 6,000 after the first month. Within six months, there were 37,000 users.
Making money
Two years after launching, LinkedIn had more than 1.7 million professionals signed up and began unveiling several ways for it to make money.
The first involved the launch of LinkedIn Jobs — combining online job listings with its recommendation engine. The service sought to separate itself from other job boards like Monster, HotJobs, and CareerBuilder by utilizing its LinkedInsight feature, which claimed to let hiring managers assess a candidate's viability through their relationships, references, and reputation.
LinkedIn also tried its hand at generating revenue through a subscription program, which offered enhanced communications and better search features. Of course, the last one involved advertising right on the site. It wasn't something Hoffman and his team thought about right off the bat and obviously he changed his mind. The reason is because not only did LinkedIn have appealing the demographic targeting data, but also because LinkedIn thought it was able to build unique business products.
Today, these revenues have helped the company make $325 million in this past quarter. Of note, the bulk of it comes from its Talent Solutions business unit, the service for recruiters, and comprises 57 percent of LinkedIn's total revenue distribution.
The "PayPal Mafia" connection
In an interesting twist, LinkedIn is affiliated with the tech industry's fabled "PayPal Mafia", as Hoffman served as a member of the payment service's board of directors and also as its Chief Operating Officer.
Many of the other co-founders also came over from the company and SocialNet, Hoffman's first company. Among LinkedIn's early investors included PayPal's co-founder and now renowned investor Peter Thiel and former Square COO and PayPal Executive Vice President Keith Rabois.
Riding high following the IPO
LinkedIn took eight years before it went public, having filed back in January 2011. It traded its first share as the first social networking site to go public on May 19, 2011 at a price of $45. When the market closed on its first day, investors saw their shares go up 84 percent. As of this writing, the stock is priced at over $175 on the New York Stock Exchange.
Leading up to its IPO, the company received investments from renowned names like Sequoia Capital, Greylock, Bain Capital Ventures, Bessemer Venture Partners, and the European Founders Fund. In total, it raised $103 million and went public with a valuation in excess of $1.575 billion.
Since going public, LinkedIn's annual earnings have been positive, with $0.11 per share in 2011 and $0.89 in 2012. It's expected that for 2013 and 2014, its EPS will be $1.37 and $2.13 respectively. And while the the company's stock may have ups and downs, LinkedIn has seen its quarterly revenues increase at a steady pace.
Evolution from a resume builder to an individual's CRM
When LinkedIn first started, it was a social network for professionals, where users could host their resumes online. The purpose for many was to seek out jobs and have their colleagues and mentors leave recommendations to bolster their credibility. But in the ten years since, it has slowly evolved into more of a contact relationship management service, but for individuals.
While perhaps fully capable of building out these services, the company opted instead to acquire those that best fit its needs.
In its history, eight companies have been acquired by LinkedIn. The first was mSpoke in 2010 for its "adaptive personalization engine" and continued on with ChoiceVendor for its business reviews offering. Soon other purchases were made over the next three years, some for its business-facing service while others were for its core users.
The acquisitions of CardMunch, Connected, Rapportive, SlideShare, and Pulse have gone on to strengthen the ability for users to network on the LinkedIn platform. Because the company embraced the mobile age, these purchases didn't seem to be far-fetched. With CardMunch through to the adoption of Pulse, LinkedIn has made it possible for a person to manage their contact relationships from its very beginning when a business card is presented, through to maintaining the friendship by following their updates and keeping in touch.
Perhaps this has become no truer than last month when LinkedIn revealed Contacts, its new service leveraging its Connected acquisition designed to make sure that a user can keep abreast of changes to their most important contacts. What's notable about this is that users are able to use their mobile devices in order to not only research people they wish to meet, but instantly jot down notes.
A bump in the road
While it might appear that LinkedIn has had an easy go at success, it hasn't been that way.
In June 2012, the company fell victim to a hacking attempt that resulted in 6.5 million hashed passwords reportedly leaked. At the time, it was believed that over 300,000 passwords were decrypted and LinkedIn urged its users to change their passwords — often the solution in these type of cases.
Prior to that, it was revealed that LinkedIn's iOS application was collecting and transmitting names, emails, and notes from users' calendars to the company in plain text. It was believed by some that the information was being gathered without explicit permission by the user. LinkedIn responded with an update to its iOS app, and provided a response saying:
You may have seen a few press stories highlighting concerns about how your data is used in the opt-in calendar feature of our mobile phone apps. We deeply care about our members trust so I want to provide clarity around what we do, don't do, and outline ways we are going to make a great feature even better.
While the password theft and data transmitting issues happened in close proximity to each other, there's nothing to suggest that these events were related.
LinkedIn's future
In 2012, co-founder Allen Blue was asked about the future of his company, to which he replied that LinkedIn's role has always been to help every professional find a job that they love and be great at it. He believes that soon there will be a world where "people are doing what they love, not just what they have to. Where professionals understand that the work they do is one of the most significant ways in which they can contribute to their communities and the world."
In the past decade, LinkedIn has surely changed the networking paradigm that millions of people were accustomed to. No longer are we hunting through newspapers or doing speed dating for business professionals.
Many of us have abandoned Monster, CareerBuilder, and other traditional online job boards in favor of LinkedIn because it appears to offer more context into not only what we can share about our professional accolades, but also learn about new opportunities, companies, and the people we want to be connected with.
Main header image credit: Thinkstock/iStockPhoto
Photo credit: Reid Hoffman via TechCrunch, Allen Blue via CNN/Le Web, Konstantin Guericke via Faz.net, Eric Ly via Abosch, and Jean-Luc Vaillant via Delborg-Delphis, LinkedIn screenshot via Chris Saccheri/LinkedIn, LinkedIn IPO via DaveRiskIt
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text:
83. View from Inside (side eye)
Original collage (unframed) using discarded books and paperback book covers. Collage measures 7 3/8" x 5," mounted on 12" x 9" watercolor paper (140lb) substrate which can be trimmed to size to fit your matting/framing. Signature on back. Do not hang in direct sunlight.
Shipping: free within the United States; $15 international.


text:
Our reviewers evaluate products and services based on unbiased research. Top Consumer Reviews may earn money when you click on a link. Learn more about our process.
Sunday, April 2nd
Inc Authority is the only provider of LLC Formation services that is 100% free - no temporary trial or subscription required! With thousands of 5-star reviews and more than 100,000 clients, this service has a proven record of giving friendly, knowledgeable help at every step of the process needed to create your business. Although some of their extra, paid features might be found for less money with other services, Inc Authority still represents the most affordable, accurate way to create an LLC today.
Formerly known as The Company Corporation, Incorporate has worked with over 750,000 companies in the last 100 years. They've got a great track record for LLC formation and incorporation, with an "A+" grade at the Better Business Bureau. But, the three packages of service they offer don't give you as much for your money when compared with the competition. Plus, their expensive Registered Agent Service fees can add up over the years, making them even more costly for small business owners.
If you're self-employed, the next step in growing your business while covering your assets is probably forming an LLC. Creating an LLC is often seen as a good move for people who want to limit their liability without the cumbersome paperwork and regulations of a corporation.
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Was "MacGruber" a "Saturday Night Live" sketch or Pepsi commercial?
Depending on when you were watching television over the weekend, it was hard to tell.
On Saturday night's "SNL," the recurring bit starring cast member Will Forte aired three times during the show, each time with comical over-the-top promotion for Pepsi.
Then on Sunday night, one of the same "MacGruber" sketches — in which Forte plays a parody of the '80s action series "MacGyver" — aired during NBC's broadcast of the Super Bowl as a commercial.
As it turns out, all were paid commercials by Pepsi, made in collaboration with producer Lorne Michaels' "Saturday Night Live." The segments weren't product placement, but commercials paid for by Pepsi and produced by "SNL." Though they appeared to be sketches on "SNL," they ran during allotted commercial breaks.
NBC Entertainment Co-Chairman Ben Silverman said Pepsi paid full freight for the spots — which sold for about $3 million per 30-second spot during the Super Bowl.
(Msnbc.com is a joint venture of Microsoft and NBC.)
"They really made it very funny and obvious, so I don't think there was any confusion," said Silverman. "Everything is ongoing experimentation, but the reality is we need to evolve and do more and more things."
Added Silverman: "It's not just an ad for Pepsi, it's an ad for `Saturday Night Live.'"
Branding expert Peter Arnell was in charge of PepsiCo's Super Bowl campaign, which also included a 3-D commercial for its SoBe Life Water.
"The creative space is `SNL's' and they were commercials we would have bought, so the economics were as normal as it ever was," said Arnell. "It's the un-advertising advertising."
The first "MacGruber" sketch/commercial that ran during "SNL" came amid other commercials — after a movie trailer for "The Pink Panther 2," which is what host Steve Martin was (what else?) promoting.
Fans may be uncomfortable with sale
PepsiCo American Beverages chief Massimo d'Amore, who watched the game from a luxury box with NBC and Michaels, declined to say how much the company paid the network for the spots. An estimated 95.4 million people watched the Pittsburgh-Arizona Super Bowl, making it second only to last year's game as the most popular ever, according to Nielsen Media Research.
The ads include all the same usual characteristics that the sketch series normally does: its cheesy opening theme song, a frightened sidekick (played by fellow cast member Kristen Wiig) and MacGruber's inevitable distraction (in this case, a Pepsi). The real MacGyver — Richard Dean Anderson — also made a cameo.
That a marquee "SNL" sketch would be sold to a marketer might rub some loyal viewers the wrong way. Fans, after all, tune in for comedy, not for well-dressed commercials.
Silverman says the viewer only wins, since the Pepsi sketches replaced regular commercials. (He also noted that "SNL" talent was paid for the work outside of their normal salaries.)
"It wasn't inside the show," said Silverman. "Lorne really protected the show. I think the fans of `Saturday Night Live' got to see a `MacGruber' that they wouldn't have otherwise seen."
Michaels wasn't available to comment Monday.
"What we're doing is selling entertainment vehicles and marketing platforms," said Silverman, who has looked for other revenue streams for NBC as network TV ratings have slid. "This is where programming is going."


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Earlier this month, Mr. Baseball and I went to visit his home town of Chicago. Well, the north suburbs to be exact (as my mom the Southsider White Sox fan always points out). Bob Chinn's Crab House in Wheeling is a favorite of the Baseball family, and I was definitely down to try it when they mentioned Mai Tais.
There really aren't any tiki-ish design details to speak of, besides the basket lamps. (I spotted a bunch of these decorating the ceilings at LA's Bahooka last weekend.)
Bob Chinn's feels less like a restaurant and more like a warehouse full of tables. I'd thought the first room was really big, and then they led us through another giant room, and then another!
The hosts are all on headsets and they herd you into lines depending on your party size. Apparently, there's a wait on most nights, in spite of the fact that the restaurant can seat more than 600 people!
I'm susceptible to the power of suggestion, so, of course, I had to order that Mai Tai. Their version was very tart and was served up in this 27-ounce plastic tiki mug (a bit Party City-esque, but nobody's perfect). When she brought my drink over, our waitress gave me a slip of paper and said that after you collect six or so of these Mai Tai receipts, you get your very own Bob Chinn's fisherman jacket…Ok, then!
I was kind of overwhelmed with the menu (lobster can be served five ways, shrimp has at least eight preparations, etc.) so I put my fate in the hands of our server, who suggested the grouper. The control freak side of me regretted that order immediately, but I ended up being really pleased with it. The fish was so flavorful and the potatoes were perfect.
When she carded me for my cocktail (which happens pretty much everywhere), our server noticed that it was just a few days until my birthday. So at the end of our meal, this dessert—Bob's Slice of Paradise—landed on our table. It's a sweet potato pie (made with a purple variety from Okinawa) with a macadamia nut crust. It was definitely different—the texture was more like Bob's Slice of Baby Food.
On our way out, we spotted Bob Chinn himself, sitting at a table and digging into a plate of crabs. Mr. Baseball cajoled me into saying hi, which turned into a photo op and trash talk about LA restaurants, he especially had some words for Gladstone's. That Bob Chinn is a feisty one. And check it out, he's wearing the aforementioned fisherman jacket. Snazzy!
Bob Chinn's Crabhouse
393 S. Milwaukee Ave.
Wheeling, IL 60090


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To clarify: The winning dude-bro gets pantsed. The shirtless loser who does the pantsing gets punched in the face—and seems so surprised to get punched in the face. We've got no details on this other than what you see here, but if that Jacksonville sign in the background is any indication, this happened in Florida!™ Because of course it did.
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BURBANK, Calif. (Sept. 4, 2012) —Walt Disney Animation Studios (WDAS) debuted a newly restored digital print of the once-thought-lost 1928 Oswald the Lucky Rabbit animated short Hungry Hobos at the Telluride Film Festival on September 2, according to Dave Bossert, producer/creative director and head of special projects for WDAS. The film, which was found in a private film vault in England in 2011, was acquired by Disney that same year and has undergone extensive digital restoration. Hungry Hobos will debut in Telluride, Colorado as part of a special animation shorts program presented by leading film historian and restoration expert Serge Bromberg. Also on the program (Serge Bromberg's Retour De Flamme) was a sneak peek at Disney's newest animated short Paperman, which premiered at this year's Annecy International Animated Film Festival, generating excitement in the industry for its innovative hybrid use of computer animation and hand-drawn techniques.
Hungry Hobos was overseen by Walt Disney in 1928 as part of a distribution deal with Universal Pictures. It was the 20th short film (out of 26 made by Disney) starring Oswald the Lucky Rabbit, a long-eared precursor to the more famous Mickey Mouse (who appeared for the first time later that year in Steamboat Willie). The film follows the misadventures of Oswald and his roughneck pal, Putrid Pete, as they ride a freight car loaded with animals and devise ways to cook a meal using the tools at hand. When a policeman chases them off the train, the duo poses as a hurdy-gurdy man and a monkey as part of their escape.
"We were so proud to be able to debut Hungry Hobos at the prestigious Telluride Film Festival, and to have the world renowned film preservationist Serge Bromberg present it to the public for the first time in over half a century," said Bossert. "Aside from creating innovative new state-of-the-art animated features like Tangled and the upcoming Wreck-It Ralph, and shorts like Paperman, Walt Disney Animation Studios is dedicated to preserving and restoring our film legacy and the art of animation. In restoring 'Hungry Hobos,' we were able to address such issues as warpage, dirt removal, broken sprocket holes, light flicker and film weave. The end result is a highly entertaining and historically important film that is part of our Disney heritage."


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Private Lesson & Coaching on Healthy Cooking + Meal Planning for Jasmine Koh & her family on 20 Feb 2012 @ NutriHub by Vinitha.
Testimonial from Jasmine :
"Had a one-to-one session with Vinitha this week. I must say Vinitha is a person who is all out to help people to understand about health and how to prepare food that is healthy for us. I am impressed with her knowledge and experience in this area. I think her many years working as a nurse has certainly helped where she had probably seen many people with various forms of health issues and therefore she is experienced enough to share some tips that will be useful for us. Further, she is so warm and friendly and very generous with her knowledge. I have definitely benefited from the session and hope to attend her raw food making class soon."
~ Jasmine
Wednesday, March 14, 2012
Testimonial from Private student - Dan Thompson
Private classes on NutriMeal cooking, Raw Food cuisine & Nutrition Assessment on 2 , 7 & 15 Feb 2012 for Dan & Afi @ NutriHub by Vinitha (Nurse V)
Testimonial from Dan Thompson :
"I found the classes to be very helpful for myself and my maid. We are not only eating healthier, and we have more variety of vegan choices. I would highly recommend taking the private classes as I did so you can get that extra attention. It's well worth it. Nurse V is a very good teacher and makes it fun to learn. She is full of facts and Knowledge so you can ask her anything...she knows what's best.
I've saved thousands of dollars by being able to eat at home now and not have to go out every other night to get some nice vegan meals. In all we learnt about 15 new meals and I'm reaping the rewards every day and for the rest of my life. It was worth every dollar."
Dan Thompson
International Emcee/Entertainer
29 Feb 2012
Testimonial from Dan Thompson :
"I found the classes to be very helpful for myself and my maid. We are not only eating healthier, and we have more variety of vegan choices. I would highly recommend taking the private classes as I did so you can get that extra attention. It's well worth it. Nurse V is a very good teacher and makes it fun to learn. She is full of facts and Knowledge so you can ask her anything...she knows what's best.
I've saved thousands of dollars by being able to eat at home now and not have to go out every other night to get some nice vegan meals. In all we learnt about 15 new meals and I'm reaping the rewards every day and for the rest of my life. It was worth every dollar."
Dan Thompson
International Emcee/Entertainer
29 Feb 2012
Posted by Organic Fusion Cafe at 1:10 PM 1 comment:
Wednesday, September 28, 2011
Nutrihub Food Review by Veg Blogger
One of the prominent veg food reviewers and bloggers in Singapore, Mr Luke a.k.a. the "Hungry Ang Mo"
recently visited the New Nutrihub Cafe at 46, Temple Street (Chinatown).
He wrote a very decent review about Nutrihub cafe and recommended a good variety of yummy and healthy dishes. See here for his review:
Posted by pureland2012 at 6:53 PM 5 comments:
Labels: Review
Saturday, September 17, 2011
Nutrihub collaborates with The Veg School
Nutrihub and The Veg School agrees, in this September, to work hand in hand to promote vegetarianism.
Nutrihub believes by synergising with other active vegetarian players, more people will be benefited from quality food provision both physically and mentally.
The Veg School (http://thevegschool.net/) is founded by Mr Wong Kee Yew (Bach. Biotech) who has been spear-heading systematic vegetarian education in Singapore in the past 8 years.
Nutrihub highly recommends patrons of Nutrihub to attend The Veg School's "The Basics of Healthy Diet" 1-day workshop on 2nd October 2011 (Sun), for it's important understand the intrinsic principles of healthy vegetarian living.
To encourage support for this budding social entreprise for the betterment of our society, animals and environment, Nutrihub is also offering free Nutrihub Privilege Card to all students at The Veg School. The Veg School students will in turn benefit from year-long 10% discount for Nutrihub's ala-carte meals, health products and culinary classes. In addition for The Veg School students who enrol in 2 or more culinary classes with Nutrihub, they will get 15% discount, instead of usual 10%.
With this strategic collaboration, Nutrihub deeply hopes healthy vegetarianism will florish in Singapore.
Posted by pureland2012 at 6:12 PM No comments:
VSS Interview with Vinitha of NutriHub
In Aug 2011, Vinitha Ang, the founder of Nutrihub was interviewed by the Vegetarian Society of Singapore (VSS). Below is the interview script published in VSS Newsletter:
Vinitha Ang is a registered nurse who runs NutriHub organic cafe – http://nutrihub.blogspot.com/ – now at 46 Temple St , in Chinatown . The cafe is closed on Sunday, but available for group booking or hosting events / classes. Opening hours are Mon to Sat 11am to 8pm (available for dinner after 8pm based on reservation). Vinitha also offers a range of cooking classes. Recently, Vinitha was interviewed for the VSS e-newsletter by Ana Laura Rivarola Oneto. Here is Vinitha's story in her own words.
Having nursed my parents through their battle with serious illnesses and sufferings, I realised that we have to take good care of our diet, especially those of us with high risk family history. Since 2004, I have totally changed my diet to vegetarian and progressively to a more wholesome organic vegan diet.
Working at the National Cancer Centre for 7 years, I saw young and old patients suffering from both cancer and its treatment's side effects. Sad to say, there is no emphasis on a healthy vegan diet as part of the cancer management. As a health care provider, I've also seen people suffering from diseases that might be easily cured with a change of diet. This is why I have been giving consultation and dietary advice since 2007, when I started my Organic Retail & Cafe business to promote a healthy lifestyle.
Although I've made losses in my business, I have strived on, as I gain the happiness and satisfaction which I did not get it in my career in hospital, especially after seeing my customers and students improving their health status and recovering from their illness. I create lots of innovative dishes in order to attract non-vegetarians to like our vegan, healthy – no MSG, no mock – foods.
If someone is considering becoming a vegetarian and asks for my advice, I would say not to rush – do it one step at a time. Change progressively by increasing intake of fruits & vegetables, whole grains, beans, nuts & seeds, then reduce intake of meats, poultry and dairy products. I also guide those who want to convert to vegan or raw food diet, as I walked the path myself and understand all the difficulties and concerns about diet deficiencies.
Raw foods not only contain the essential nutrients we need, but they are also more alkaline and boost our body energy with lots of enzymes. That's why it is very important to include more raw fresh fruits & vegetables in the daily diet as our body falls sick or our recovery is slow due to the acidic environment. To teach about this, I created the "Raw like cooked" raw food class where my students enjoy the raw food as if it was cooked.
Please remember: "Good Nutrition does not just add Years to your Life, but also Life to your Years."
Posted by pureland2012 at 4:08 PM 1 comment:
Sunday, April 3, 2011
Dr Caldwell Esselstyn interview on Prevent and Reverse Heart Disease by Lian He Wan Bao at NutriHub on 25 March 2011
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"Word games," an "overreaching narrative" and a "case of inferences" were a few choice phrases used by attorney Orin Snyder Thursday in closing arguments for Apple in the U.S. Department of Justice's antitrust, ebooks price fixing case against the tech giant.
The DOJ brought the case against Apple and five of the largest book publishers in the U.S. for allegedly conspiring to limit price competition and raise prices in the ebook market in 2010 in an effort to stop Amazon from pricing their best-selling electronic books at $9.99 each.
Both the DOJ and Apple are making their closing arguments Thursday before Judge Denise Cote, who will decide the outcome of the antitrust suit. The five large publishers also named in the DOJ suit have already settled for a cumulative $164 million, leaving Apple to defend its practices in court. Cote presided over the three-week, non-jury trial in the U.S. Southern District Court of New York in Manhattan.
Apple makes its case
For Apple's summation, Snyder characterized the interactions that Apple had with the five publishers as typical conversations and negotiations that accompany any business agreement. At no point did Apple try to coordinate the activities of the publishers in an attempt to fix the prices of electronic books for the market. "The evidence does not show this," Snyder told the court, arguing that the DOJ made this case solely on "overreaching" interpretation of electronic documents.
Snyder focused on the timeline between December 2009 and January 2010 to rebut the DOJ's assertions over what took place between Apple and the publishers. He noted that at the time there was "turmoil" in the ebook market and that Apple executives, who had no prior knowledge of this market, were speaking with publishing heads just to hear their concerns. He also offered multiple examples of disagreement between Apple and the publishers over the proposed contracts, this contention serving as proof that the parties were not acting in unison to fix retail prices.
The case stems from contracts that Apple made with the publishers in 2010, just before the company launched its iPad mobile computing device. In January of that year, each publisher—HarperCollins, Penguin, Hachette, MacMillan, and Simon & Schuster—agreed to let Apple sell their electronic books in a relatively novel business model, one in which Apple would sell their books at the prices the publishers had set, and reap 30 percent of the retail price.
This approach, called the agency model, differed from the standard decades-old wholesale model of book selling, in which the retailer, not the publisher, set the book prices. With the new agency approach, retailers "lost their ability to compete on price, including their ability to sell the most popular ebooks for $9.99 or for other low prices," charged the DOJ in its complaint.
Agency model at issue
According to the testimony of Apple Senior Vice President Eddy Cue, publishers immediately expressed a desire to move electronic book sales to the agency model when he initially approached them in December 2009 to secure electronic book rights for the iPad.
The publishers saw the agency model as the solution to the issue of Amazon pricing the electronic versions of best selling books for $9.99, less than what the online retailer paid for these titles in many cases. The publishers worried that Amazon, which enjoyed a 90 percent share of the electronic book market in 2009, was lowering the perceived price point of books in consumers' eyes, as well as laying plans to cut publishers out of Amazon's book sales altogether and to deal with authors directly. The publishers had met throughout 2009 to discuss the issue, according to Apple.
Cue proposed the agency model to then Apple CEO Steve Jobs, who liked the idea, given that Apple was already using the agency model for its iTunes media store and the company's App store. So, in early January, Apple proposed an agency model agreement with all the publishers, in which Apple would in effect get a fixed 30 percent commission for each sale.
Apple also added a number of additional provisions to the contract. It established a tier of price points for books. Best sellers, for instance, could be priced at $12.99 and $14.99 and, later at the publishers' insistence, $16.99 and $19.99. Apple mandated caps, or limits to how much publishers could charge for electronic books. It prohibited publishers from both withholding best-selling titles from electronic release, and delaying the release of some titles in electronic form, a practice known as windowing.
Finally, Apple added what it called a "most favored nation" (MFN) clause. The MFN stipulated that the publishers must offer their electronic books to Apple at 70 percent of the lowest price offered on the retail market elsewhere. In this way Apple could match the lowest price of ebooks elsewhere and still make its 30 percent cut.
The DOJ had argued that MFN was proof that Apple was trying to set the prices for ebooks not just for itself, but for the entire industry. Snyder argued Apple was only looking out for its own best interest. Apple did not care what prices the publishers would charge, as long as Apple got its 30 percent cut. "If books were sold at $1.99, we'd make a ton of money," he said.
Snyder also pointed out that after Apple settled on the idea of including an MFN in its contract, it had no preferences as to whether the book publishers signed other retailers such as Amazon to an agency model. He showed a number of different pieces of correspondence that Cue and Jobs had had with publishers to back this point.
Five of the six largest book publishers all signed Apple agency contracts within a few days of one another in January (the sixth and largest publisher, Random House, abstained). Over the next few months, the publishers had set up other agency agreements with other retailers as well, such as Amazon.
Immediately after the contracts took effect in April 2010, and publishers moved all their retailers to the agency model, and prices of electronic books offered by both Amazon and Barnes & Noble increased by almost 20 percent, the DOJ calculated.
In his summation, Snyder made the case that the publishers, and even other retailers such as Barnes & Noble and Google, were already considering the use of the agency model before meeting with Cue. He noted for instance that Barnes & Noble had also approached the publishers in January 2010 with an agency model to sell ebooks for its Nook reader. This was proof, he asserted, that the whole industry was about to undergo a transformation in how electronic books were sold to retailers.
While the DOJ had highlighted the many talks Cue had with publishing executives as evidence that they were coordinating activities, Snyder asserted that these meetings were simply introductory meetings and, later, individual contract negotiations. Snyder cast doubt on the idea of a price fixing conspiracy given that the publishers had already been in talks for more than a year about dealing with Amazon. "How can Apple be a ringmaster before the iBookstore was even a twinkle in Apple's eyes," he rhetorically asked, referring how up until late December 2009, Jobs wasn't even interested in entering the electronic book market.
At one point, Cote asked Snyder if Apple was aware that the publishers may have been colluding among themselves. "We don't have an opinion on that. It's not our burden" to disprove that type of assertion in court, he responded. He also pointed out that the contract negotiations between Apple and the publishers were far too contentious to be considered collusion. As of mid-January Apple didn't have any agreements with the publishers and each publisher had taken issue with different parts of the proposed agreement, such as the MFN clause, or the price caps. If there was a secret agreement already in place, the negotiations would have gone far more smoothly, he asserted.
Justice Department gets its turn
When making its case, the DOJ had to prove anticompetitive behavior in a number of ways. It had to show that the publishers had conferred with one another in order to set up a new cross-publishing company pricing model that would limit retailer price control, and that Apple helped exchange information among the publishers. It also had to show that the publishers had attempted to conceal their communications. In addition, it had to show that consumers were harmed by this collusion.
Whether the DOJ has made its case sufficiently to Cote remains to be seen. Early reports indicated that she believed that the government had a strong case. Thus far, the DOJ has compiled a copious amount of email and other electronic documentation that it feels points to how the different parties worked with one another.
Legal observers, however, have doubted that the DOJ documentation is sufficient, and that its case relies too heavily on inference.
For the government's summation, DOJ director of litigation Mark Ryan challenged Snyder's idea that difficult negotiations between Apple and the publishers constituted proof there was no conspiracy.
"Sure, there was some dispute … about what the price should be," he said. "But disagreement among a cartel doesn't mean there isn't a cartel." He urged the court to look beyond the discussion of the agency model, MFN and other details, and to focus on how book prices immediately changed after the agency agreements went into play.
Ryan described the events of early 2010 as "the publishers acting as a group, and Apple bringing that group along." There was a "fairly brazen price-fixing element to this," he said.
He discounted the fact that Apple was a new entrant — and not yet a powerhouse — in the e-book market, asserting that the Sherman Antitrust Act, the law on which the suit is based, made no distinctions for new entrants. "There is no court decision saying that because you are new you can organize the suppliers of the market. This is not a defense," Ryan said.
Ryan also noted that Apple, in its talks with book publishers, stressed how moving to the agency model would solve "the industry's" problems with Amazon. Less often did Cue and Jobs talk about how it would help an individual publisher.
Cote asked if Apple, in talking about the Amazon issue, wasn't just making a sales pitch. Perhaps Apple recognized the difficulties publishers were having and proposed a solution like any new business might, she posited. Ryan countered that part of Apple's pitch was to help all the publishers confront Amazon in unison, which was an antitrust violation.
Apple put the MFN in place with one goal in mind, Ryan argued: to get Amazon to move to the agency model. Without Amazon doing so, Apple could not compete on price. But it was essential for the major book suppliers to act in unison to get Amazon to agree to an agency model, or so the publishers thought at the time. In a free market, Ryan said, each publisher would work out their issues with Amazon independently.
It was the "collective force" of the publishers that prompted Amazon to adopt the agency model and stop offering $9.99 best sellers, Ryan said.
"Apple was simply indifferent to customers paying higher prices," Ryan said.
Cote is expected to reach her decision within a few weeks.
This article was updated on June 21 to correct a description of wholesale book selling.


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After a "deep rift in the band" caused the Jonas Brothers to break up, the brothers broke our hearts even more when they killed any hopes we had of a reunion by deleting the band's official Twitter account. But just when we thought all hope was lost, the JoBros made a comeback on Twitter ... well, two of them did at least!
Nick and Joe took to their personal accounts, tweeting super-short, super-cryptic messages that made us believe there might still be a chance that the battling bros will get back together after all! Nick tweeted "Bear with us," while Joe took a little more abrupt approach, posting, "bear with us while we get our s#!@ together."
We're totally bearing with you boys, but we can only Hold On for so long!
More From Seventeen
Are you part of Team Jonas still, or are you sick of waiting for the bros to get their you-know-what together? Take the poll below to weigh in! Then tweet us your thoughts on the JoBro's Tweets!


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Aznavour receiving the Raoul Wallenberg Medal by President Reuven Rivlin in Israel.
They hid a number of Jews in the Paris apartment, at great risk to their lives.
Charles Aznavour, 92, is a towering figure in French music. For generations, his magnificent voice and sensitive singing have made him one of the most popular French entertainers of all time.
Some of Aznavour's many fans might be forgiven for thinking the singer is Jewish. He has appeared in French films over the years playing Jewish characters, and his version of the Yiddish song La Yiddishe Mama has been one of his enduring hits. His haunting 2011 song J'ai Connu, "I Knew", is told from the perspective of a Jew imprisoned in a Nazi concentration camp. Aznavour has performed repeatedly in Israel, most recently in October 2017.
On this most recent visit to the Jewish state, Mr. Aznavour met with Israel's President Reuven Rivlin who bestowed on Mr. Aznavour and his sister Aida the Raoul Wallenberg Medal, given by the International Raoul Wallenberg Foundation, in recognition of the Aznavour family for saving the lives of several Jews and others during World War II.
Aznavour, the son of parents who fled the Armenian Genocide in Turkey of 1915-1918 to find safety in Paris, has previously said little about his parents' heroic wartime activities.
That changed in 2016. Aznavour worked with Israeli researcher Dr. Yair Auron to write a Hebrew language book published in Israel that details the ways his family saved the lives of several people in wartime France. The book, titled Matzilim Tzadikim V'Lohamim, or "Righteous Saviors and Fighters" in English, will be translated into French and Armenian, too.
"We grew up together in the Les Marais district" in Paris, Aznavour recalls, where many immigrants mingled together, including both Jews and Armenian refugees. "They were our neighbors and friends." By the time World War II broke out, a then-teenage Charles Aznavour lived with his parents Michael and Knar Aznavour and his sister Aida at 22 Rue de Navarin, in Paris' 9th Arrondissement. That small, three-room apartment would become a safe haven, Aznavour explained, for Jews and others who were hunted by the Nazis.
A portrait photograph of the Aznavour family in the 1920s. Charles' father, Mischa (center), is next to his wife, Knar.
The first person the Aznavour family sheltered was a Romanian Jew who lived in Germany. That Jew, whose name the singer no longer remembers, was accused of subversion and had been sentenced to death. He'd escaped to France disguised as a German soldier, but had been discovered and he was being hunted by the Gestapo. A friend alerted Michael Aznavour of the situation and the family took him in.
Aida Aznavour recalls in the book, "We understood that the Jews were going to be the victims of brutality. We looked upon the Jews with sadness and sorrow." Having escaped persecution in Armenia, "we knew what genocide was."
It was clear that if the Nazis found this man in our house, they'd kill us right away.
She recalls that her parents never hesitated to shelter Jews, "even though it was clear that if the Nazis found this man in our house, they'd kill us right away. We told him that our home was his home, and we treated him warmly, like a good friend who had to extend his stay. For a few days, he even slept in the same bed as Charles."
Later, a female acquaintance of the Aznavours asked them to hide her Jewish husband, whose name Charles and Aida recall was Simon. Simon had been rounded up with other Parisian Jews and sent to the Drancy concentration camp, but he had escaped. The Aznavours took him in, and later on, Charles and Aida recall, they sheltered a third Jew in their tiny apartment, as well.
As the occupation of Paris continued, the Aznavour family also sheltered Armenian soldiers who'd been forcibly drafted into the German army and had deserted rather than fight for the Nazi regime. At times, there were up to eleven refugees hiding in the family apartment, sleeping on the floor at night.
Michael and Knar Aznavour helped the refugees obtain false papers, and Charles and Aida offered aid as well. It was the teenagers' job to burn the Nazi uniforms of the Armenian deserters and dispose of the ashes far from home, the siblings recall.
The Aznavour family was close with another Armenian couple living in Paris, Melinee and Missak Manouchian, who helped found and run an underground resistance movement in Paris called L'Affiche Rouge(The Red Poster). Charles Aznavour explains that though his parents were not formally members of the group, they helped members of the organization and even hid Melinee and Missak Manouchian for several months while they were hunted by the Gestapo, after their other friends refused to risk their lives to help.
Charles Aznavour explains, "My parents knew the danger was there every day, but my sister and I only grasped it later. We were 'crazy' young people. We were living out our youth and we followed in our parents' footsteps. Only after the war did we realize how great the risk really was."
Przyslala Ala Elczewska
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text:
Another extraordinary poem by John Keats that reminds us of the best things of autumn. Or fall, if you prefer your fall in American English.
This poem has lots of hard words in it and some grammar difficulties, so you can learn a heap of English from this. Underneath I'll try to explain everything line by line.
John Keats (1795-1821)
SEASON of mists and mellow fruitfulness,
Close bosom-friend of the maturing sun;
Conspiring with him how to load and bless
With fruit the vines that round the thatch-eves run;
To bend with apples the moss'd cottage-trees,
And fill all fruit with ripeness to the core;
To swell the gourd, and plump the hazel shells
With a sweet kernel; to set budding more,
And still more, later flowers for the bees,
Until they think warm days will never cease,
For Summer has o'er-brimm'd their clammy cells.
Who hath not seen thee oft amid thy store?
Sometimes whoever seeks abroad may find
Thee sitting careless on a granary floor,
Thy hair soft-lifted by the winnowing wind;
Or on a half-reap'd furrow sound asleep,
Drows'd with the fume of poppies, while thy hook
Spares the next swath and all its twined flowers:
And sometimes like a gleaner thou dost keep
Steady thy laden head across a brook;
Or by a cyder-press, with patient look,
Thou watchest the last oozings hours by hours.
Where are the songs of Spring? Ay, where are they?
Think not of them, thou hast thy music too,—
While barred clouds bloom the soft-dying day,
And touch the stubble plains with rosy hue;
Then in a wailful choir the small gnats mourn
Among the river sallows, borne aloft
Or sinking as the light wind lives or dies;
And full-grown lambs loud bleat from hilly bourn;
Hedge-crickets sing; and now with treble soft
The red-breast whistles from a garden-croft;
And gathering swallows twitter in the skies.
So what do you say? Okay, okay. I keep saying that a poem is amazing. This really is one of the most beautiful poems that I know in English.
What Makes To Autumn so Beautiful?
The Sound
First of all how it sounds. Even if you don't understand all the words, you'll probably agree with me that the sound of the language is serious, warm, humming, noble and happy. Only towards the end when we also come to the end of the day in the scenes that the poet is describing can we start to feel a little chill. Lambs that bleat is not a warm sound. Neither are the mourning gnats (small flies) that are wailing in a choir. Not a nice sound at all (I hate buzzing mosquitoes and similar bugs, personally).
The red-breast (robin) singing is a bit better and swallows twittering is not a bad sound either, but overall these are thin bird sounds and somehow the poem sounds colder in this last stanza. Winter is coming. Those swallows will fly away; these are migrating birds that don't stay in England over the winter. They're flying back to Africa, until the spring will lure them (= make it attractive for them) back again.
The Imagery
What's the second thing that makes the poem beautiful? The imagery, I suppose. The scene in the first stanza is of golden light that shines through a mist on ripening fruit and nuts: all the wonderful harvest that the season brings. The fruit and gourds are swelling and so are the bees' honeycombs. Everything looks sweet and mouthwatering. There is a rich bountifulness of food of the season. The scene is pastoral: we are in the countryside and not in the city. This is typical in Romantic poetry, as Romantic poets loved the country and nature.
Background about John Keats
You can read some background about Keats here. He died at the tender age of 26 and before that managed to write some stunning poems. Keats was very aware that he was writing in a tradition and he was ambitious enough to want to stand among the great (English) poets. He used ideas from earlier English poets who were heavily influenced by the Roman and Greek classics on the one hand, but Keats also experimented with immediate impressions of reality and nature that would be recognizable to his readers and that caused them joy and trigger other emotions because they'd see well-known images in their imagination.
To Autumn is a great example of this mix of classical and romantic.
The Classical Aspect
The structure of the poem is classical. It's an ode, which is a traditional verse form used by the Romans and Greeks. The meter is iambic pentameter, which is the same that Shakespeare used in his plays (but here they rhyme; in Shakespeare the lines don't rhyme.)
The other "old-fashioned" thing is that Autumn is personified as a kind of goddess who is in charge of all the processes that go on during the season. You can especially understand this when you read stanza 2. There Autumn has several jobs: she's watching the bringing in and threshing (= getting the kernels out) of the grain, she harvests poppies with a hook, she gleans potatoes or some other vegetable from the field (gleaning is picking up the leftovers after a crop has been harvested), and finally she keeps an eye on the wine-making. And then poof! In the third stanza the goddess of Autumn is gone. Maybe that's another reason why the third stanza feels a little lonely and empty.
The Romantic Aspect
The imagery from the English countryside makes this poem romantic, including a cottage with a thatched roof, fields with sheep and a brook (= small river). You can't get any more English than this. The romantic ideal was of the people in the countryside as completely unspoilt and natural. All the food that is described in the first stanza is super healthy and wholesome, and also typically English (apples, hazelnuts).
The Autumn Figure and the Atmosphere of the Poem
By the way, it's rather interesting that there are no people in the poem. There are only plants and animals, apart from the Autumn goddess of course. The absence of people may be one reason the poem sounds so tranquil (= calm), but also stilted (formal and stiff). Autumn without people is maybe not so jolly after all, even though the poem tries to convince us very hard that it is such a great season. Nature dies in autumn, you can't argue with that. Try to imagine a poem about spring without any people in it. That would be quite impossible, wouldn't it? For instance, you have to have people lovemaking in a spring poem.
Line by Line Discussion & Explanation
Now we'll go over each line. Let's see what other nuggets of beauty we can find.
Stanza 1
Line 1: SEASON of mists and mellow fruitfulness,
Autumn is the season of mist (fog) when the clouds are hanging low. Mellow means mild. And fruitfulness is being full of fruit and juice, or in more general terms, there is a lot of everything (plenty). Fruitful can also mean fertile and productive, so there is the idea here that more can be produced; the land brings forth plenty of fruit and it's no problem to produce even more.
Line 2: Close bosom-friend of the maturing sun;
A bosom friend is a close friend, so close bosom-friend is a bit double. Who is the bosom friend here? Well, that is the figure of Autumn, who is personified in the poem as a goddess. We'll see later on that Autumn is a woman. In ancient art, autumn could be personified as a man or a woman. Here is an example of a man portrait. This shows Vertumnus, the Roman god of the harvest. It was painted in 1590-1 by the Italian painter Giuseppe Arcimboldo.
The same painter also made a head of Autumn before that in 1573:
Note how his chin is a pomegranate, his cheek is an apple. I especially like that his mouth is a burst chestnut.
At this time men wore earrings too (but probably not fig earrings).
And in Botticelli's sketch, made late 15th Century, Autumn is a woman holding a cornucopia, or a horn of plenty.
Maturing sun means that the sun is getting older. Of course the sun doesn't really get much older in the autumn, but it is sinking lower in the sky and may look a little tired.
Lines 3 & 4: Conspiring with him how to load and bless
With fruit the vines that round the thatch-eves run;
Autumn is in a conspiracy with the sun ("him") how to put on and bless with fruit the vines (= grape plants) that run around the roof. Thatch is reeds or some other plant that is used as roof covering. You can still find lots of those cottages today in the UK with thatch roofs. Here is an example:
Eve is a short word for evening. Probably the poet meant eave, which is the overhanging part of the roof. So the vines are curling around the lower ends of the roof (they're climbing against the house's walls, similar to what you see in the picture).
Line 5: To bend with apples the moss'd cottage-trees,
Bend is make it not straight. Notice how in this line and the next ones there are a number of words that express that the fruit is heavy. The apples are bending the branches of the trees they're growing on.
Mossed = covered with moss, the thick and low green stuff that can grow on almost anything.
Line 6: And fill all fruit with ripeness to the core;
Another word that shows how heavy and full the fruit is. The fruit is "filled" with ripeness to the core (= its centre).
The fruit has grown to its fullest size and needs to be harvested.
Line 7: To swell the gourd, and plump the hazel shells
The gourd becomes big and full. A gourd is a kind of vegetable or fruit that swell up like balloons. Cucumbers belong to the gourd family, as well as pumpkins and melons.
Plump means to become full. Hazel is a kind of nut ("shell): hazelnuts. You can find those in Nutella or in chocolate.
Line 8: With a sweet kernel; to set budding more,
Kernel is the core or centre (of the hazelnuts).
Budding means growing and expanding (get bigger) or, of flowers, coming out.
Line 9: And still more, later flowers for the bees,
Line 10: Until they think warm days will never cease,
Cease = stop.
Line 11: For Summer has o'er-brimm'd their clammy cells.
For means because here.
Overbrimmed means full to the brim (= edge).
Clammy usually means moist (with water or a liquid), but here it probably means pushing open because they're so full. Clams are shellfish that shut close.
So the line means that summer has made the nuts and flowers and all the harvest of summer grow until it bursts.
Stanza 2
Line 12: Who hath not seen thee oft amid thy store?
Thee is the old-fashioned form of you. You is the Autumn goddess.
Thy is the old-fasioned word for your. Thy store means your business/jobs.
Line 13 & 14: Sometimes whoever seeks abroad may find
Thee sitting careless on a granary floor,
Seek = search, look for.
Abroad means in other countries. But here it means away from home.
We're finding Autumn sitting on a granary floor: this is the place where grain is brought in to be separated from its kernels (the word for this process is threshing).
Line 15: Thy hair soft-lifted by the winnowing wind;
We should see this place as an open barn or where the wind is coming through the open door. Autumn's hair is moving up. This is how we know she is a woman in the poem, because she has long hair.
Winnow means blow (by the wind), but can also more specifically mean that the wind is separating the grains' chaff (the outer husk) from the inner kernel.
Line 16: Or on a half-reap'd furrow sound asleep,
We can also find Autumn outside in a field. A furrow is a ditch or trench (long hole) made by a plow. The furrow is half-reaped. Reaped means that the crop is harvested (gathered/collected).
Sound asleep means in a good, deep sleep.
Line 17: Drows'd with the fume of poppies, while thy hook
Autumn's asleep with the toxic smell of poppies in her nose. Poppies are those red flowers from which opium and other drugs are made.
Hook = a tool with a bent pointy end, here used to gather the poppies.
Line 18: Spares the next swath and all its twined flowers:
Spare means to save. Swath (pronounce swoth) = a strip of flowers that can be cut in one swath = one stroke made by a tool for harvesting such as a scythe.
Twined means twisted or woven.
Lines 19 & 20: And sometimes like a gleaner thou dost keep
Steady thy laden head across a brook;
A gleaner is a person who collects fruits or vegetables that are left lying after the harvest. Autumn has gleaned lots of leftovers and put them ("laden") them on her head. She is crossing a brook = a small river/stream.
Ben Rea
Lines 21 & 22: Or by a cyder-press, with patient look,
Thou watchest the last oozings hours by hours.
Autumn is watching the cyder-press = the device that squeezes the juice out of apples, to make wine (cider = apple wine).
Oozing is trickling. The apple juice is dripping out slowly, which is why Autumn is watching this process for hours by hours = a long time.
Stanza 3
Line 23: Where are the songs of Spring? Ay, where are they?
Ay = a sad exclamation.
The speaker is sad that spring isn't here.
Line 24: Think not of them, thou hast thy music too,—
No need to miss Spring, Autumn has ("hast") her own music.
Line 25: While barred clouds bloom the soft-dying day,
Bar means a strip. Think of a bar of chocolate.
Bloom means to flower.
The question here is how barred clouds can bloom?
I've read a number of comments on this line and the most logical one seems that the soft-dying day is blooming, not the clouds. Although clouds can become big like flowers, I think what the poet means to say that the sky behind them colours, like the beautiful vivid (= bright) colours of flowers.
Line 26: And touch the stubble plains with rosy hue;
The plains, which are stubbly after the harvest, get rosy (= pink).
Stubble means the short stalk after the grain or some other harvest has been cut.
Line 27: Then in a wailful choir the small gnats mourn
Gnat = a small biting fly that likes to live along rivers.
The gnats buzz in a group (a "choir" = a singing band). They mourn = they are sad because of the dying day and also the end of the summer.
Line 28: Among the river sallows, borne aloft
Sallow = a willow tree.
Borne means carried, and aloft means up.
Line 29: Or sinking as the light wind lives or dies;
The gnats sink = fly down.
Line 30: And full-grown lambs loud bleat from hilly bourn;
Bleat = the sound that sheep make.
Full-grown lambs = half-a-year-old sheep (they were born in the spring).
Hilly means with hills.
Bourn means place (a domain).
Line 31 & 32: Hedge-crickets sing; and now with treble soft
The red-breast whistles from a garden-croft;
A hedge is like a fence (a wall) made of plants or bushes. Crickets are those bugs that make a lot of noise as they rub their wings together. They don't "sing," but chirp, but never mind.
Treble is a high, shrill voice or sound.
The red-breast is a bird. In England, that would be a robin.
Chris Paul
Garden-croft is a piece of land next to the house, used as a vegetable garden.
Line 33: And gathering swallows twitter in the skies.
A swallow is a migrating bird with a split tail, a white breast and black feathers. You can see them in Europe in summer and in Africa in winter.
Dawn Ellner
They twitter = make soft noises. The swallows are making ready to leave for their winter home.
Hope you liked this.


text:
Well, i'm not talking about Amarok, neither XMMS. Actually, i'm not even thinking of a GUI music player. I'm talking about mp3blaster. Mp3blaster is an interactive text-based Mp3 Player. So, if you are looking for the best Linux Mp3 Player you're not on the right page. For a good list of choices, have a look at Binny's Top 10 Linux MP3 Players. there you'll find the right player for you.
Back to my player. Why in the world i'm using a text console based player? Hello!!! We are in the 21 century, you may say. That's the point. This is the century of the applications that swallow all the CPU and memory available. The last thing I need is that a simple application, (like Audacious, my current GUI music player), to use a lot of my humble (computer) resources.
Mp3blaster works in a similar way to Xmms or WinAmp, there are play and stop buttons, the shuffle and repeat mode option and so on, as well as a menu-based playlist. It supports mp3, ogg, vorbis, wav, and sid audio files. Also it offers the possibility to divide a playlist into albums. There is also a simple mixer utility.
The quick way to install it (in Ubuntu) :
nongeek@mma:~$ sudo apt-get install mp3blaster
You can always download the latest version from SourcefForge.net.
I use the player in the virtual console (CTRL-ALT-F1), so no matter what I do in the X session (e.g. logging out to change the user) the music it's running and it's costing me almost no resources.
By the way, what Mp3 Player do you use?


text:
Plaintiff is Required to Mitigate Without Enabling Unnecessary Losses or DamagesPage last modified: March 25 2022
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What Does Duty to Mitigate Mean?
The Duty to Mitigate Requires the Person Harmed to Take Reasonable Steps to Limit the Harm. Failing to Mitigate May Reduce the Sum Recoverable Via Litigation.
Understanding the Duty to Mitigate By Minimizing Losses Including the Required Standard of Efforts to Do So
Within a society that despises waste, the law requires those who are harmed by the wrongful conduct of others to take reasonable steps to minimize the resulting loss in what is known as the duty to mitigate. The duty to mitigate arises in all realms of law, such as contract law, consumer law, construction law, employment law, tort law, among all others.
The Law
The Supreme Court very well explained the duty to mitigate within the case of Southcott Estates Inc. v. Toronto Catholic District School Board, [2012] 2 S.C.R. 675 whereas the court said:
[23] This Court in Asamera Oil Corp. v. Seal Oil & General Corp., 1978 CanLII 16 (SCC), [1979] 1 S.C.R. 633, cited (at pp. 660-61) with approval the statement of Viscount Haldane L.C. in British Westinghouse Electric and Manufacturing Co. v. Underground Electric Railways Company of London, Ltd., [1912] A.C. 673, at p. 689:
The fundamental basis is thus compensation for pecuniary loss naturally flowing from the breach; but this first principle is qualified by a second, which imposes on a plaintiff the duty of taking all reasonable steps to mitigate the loss consequent on the breach, and debars him from claiming any part of the damage which is due to his neglect to take such steps.
[24] In British Columbia v. Canadian Forest Products Ltd., 2004 SCC 38 (CanLII), [2004] 2 S.C.R. 74, at para. 176, this Court explained that "[l]osses that could reasonably have been avoided are, in effect, caused by the plaintiff's inaction, rather than the defendant's wrong." As a general rule, a plaintiff will not be able to recover for those losses which he could have avoided by taking reasonable steps. Where it is alleged that the plaintiff has failed to mitigate, the burden of proof is on the defendant, who needs to prove both that the plaintiff has failed to make reasonable efforts to mitigate and that mitigation was possible (Red Deer College v. Michaels, 1975 CanLII 15 (SCC), [1976] 2 S.C.R. 324; Asamera; Evans v. Teamsters Local Union No. 31, 2008 SCC 20 (CanLII), [2008] 1 S.C.R. 661, at para. 30).
[25] On the other hand, a plaintiff who does take reasonable steps to mitigate loss may recover, as damages, the costs and expenses incurred in taking those reasonable steps, provided that the costs and expenses are reasonable and were truly incurred in mitigation of damages (see P. Bates, "Mitigation of Damages: A Matter of Commercial Common Sense" (1992), 13 Advocates' Q. 273). The valuation of damages is therefore a balancing process: as the Federal Court of Appeal stated in Redpath Industries Ltd. v. Cisco (The), 1993 CanLII 3025 (FCA), [1994] 2 F.C. 279, at p. 302: "The Court must make sure that the victim is compensated for his loss; but it must at the same time make sure that the wrongdoer is not abused." Mitigation is a doctrine based on fairness and common sense, which seeks to do justice between the parties in the particular circumstances of the case.
Accordingly, the duty to mitigate requires a harmed person to minimize the harm suffered. Failure to minimize the harm may, and likely will, reduce the sum that the wrongdoer will owe the harmed person in a determination of liability at a court Trial. As was explained above by the Supreme Court in the Southcott Estates case, where a failure to mitigate occurs, it is the failure of the Plaintiff to act reasonably to minimize the loss that caused a portion of the harm. Simply said, where the Defendant does something wrong resulting in harm to the Plaintiff, the Defendant is responsible only for the portion of the harm that arises directly due to the wrongdoing of the Defendant and where a portion of the harm occurs or accrues because the Plaintiff failed to minimize that harm, the Plaintiff is at blame for the portion of the harm.
Summary Comment
A Plaintiff (or Defendant within a counterclaim) is required to mitigate by taking reasonable steps to keep losses at a minimum. Where a Plaintiff fails to reasonably take steps to minimize losses, it is the inaction of the Plaintiff rather than the wrongdoing of the Defendant that caused such losses. Where failure to mitigate is alleged by the Defendant, it is the Defendant who holds the duty to prove that the Plaintiff failed to mitigate and that a reasonable opportunity to mitigate was available; furthermore, the duty upon the Plaintiff is to take reasonable steps in the effort to mitigate rather than take steps to perfectly mitigate and a Defendant is unable to use the vision of hindsight to argue what the possible opportunities to mitigate were available to the Plaintiff. Again, the duty is to act reasonably without expectations of perfection.Learn More About