Time and again in American politics, Republicans have voted as a unit to frustrate our disorganized Democratic majority. No matter what’s on the table, a few Democrats will peel away from the party core; meanwhile, all Republicans will somehow manage to stay on-message.
Thus, they caucus block us.
. . .
Articles noting this phenomenon anecdotally appear […]
Earlier this year, we discussed an interesting lawsuit that was being appealed to the Supreme Court between retailer Costco and Omega over copyright claims on some imported watches. Copyright on watches? You can read all the details at that link, but basically, Omega started stamping its watches with a tiny, meaningless, barely noticeable engraving, and then registered that with the copyright office. Omega then sold some cheap watches in Europe, while keeping the prices of its US watches much higher. Sensing an arbitrage opportunity, someone who legally bought the cheap Omega watches in Europe sold them to Costco to offer to US consumers. Now, all of this should be legit under basic common sense and any “first sale doctrine,” but not so fast. Omega claims the first sale doctrine only applies to goods made in the US… and while a district court sided with Costco, the 9th circuit appeals agreed with Omega. This could lead to seriously troubling outcomes — such as if you buy a painting made outside the US and import it to the US, you might not actually be allowed to sell it again!
Unfortunately, it looks like the White House’s Solicitor General is siding with Omega, recommending that the Supreme Court not take the case. That link has some more details on the case as well, including one tidbit I hadn’t noticed before: which is that part of the case hinges on the ProIP Act, which you may recall the entertainment industry pushed hard for a couple years back. Apparently, one of the little noticed sections of ProIP changed the rules on import and export of copyright goods, such that first sale no longer applies to foreign goods. If this interpretation stands, that’s incredibly troubling, and once again demonstrates the massive damage caused by entertainment industry lobbyists continuing to push through their own language into copyright law, and pretending it’s mostly innocuous changes.
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Cadillac and Cool Hunting announced today that they Cool Hunting’s application for the upcoming Apple iPad features exclusive content designed for the iPad inspired by the 2011 Cadillac CTS Coupe. Starting April 3, iPad owners can download the free Cool Hunting iPad app features content optimized for the device, sponsored by Cadillac.
For the next twelve weeks the app will include exclusive Cool Hunting coverage inspired by the CTS Coupe’s dramatic design and performance, as well as unique content on Cadillac’s new luxury sports car.
Click here to get prices on the 2010 Cadillac CTS.
“The Cadillac CTS Coupe serves as muse for our design and technology stories.” says Josh Rubin, founder and Editor-in-Chief of Cool Hunting. “We’re always looking for ways to inspire our audience — both with the content we create and the way we deliver it. We’re excited that our relationship with Cadillac enabled new opportunities for our readers to engage with our content while pushing the innovative ways we work with brands.”
Who the heck is Cool Hunting? It’s a publication that provides daily updates on ideas and products in the intersection of art, design, culture and technology, including inside looks at the people who create them.
The 2011 Cadillac CTS Coupe will go on sale later this summer powered by a 3.6L direct-injected V6 engine making 304-hp and 273 lb-ft of torque. The 556-hp CTS-V Coupe will join the lineup later this year.
– By: Kap Shah
Some fighting words here from Stephen Leeb of the Complete Investor newsletter:
For some time now, the U.S. government, business leaders, and top economists have been trying to pressure China into allowing its own currency, the renminbi or yuan, to gain value versus the dollar. The thinking is that a higher yuan would make American products more competitive.
Meanwhile, China has been cautioning the U.S. that a free-floating yuan could result in a lose-lose situation in which both economies would be damaged.
We think our government should be careful what it wishes for. In particular, the U.S. should consider that China may be much more right about the U.S. economy than its own economy.
Let’s assume for the moment that the Chinese want the yuan to rise but know that a higher yuan will create havoc in the developed world.
Being highly intelligent, the Chinese know that they shouldn’t unilaterally let the yuan rise. If it did, China would be blamed for the fallout. Just like the hustler who wants the mark to feel like a victim of his own greed, China wants the revaluation of the yuan to look like an act of reluctant self-sacrifice which it does to appease U.S. demands.
It will look like self-sacrifice, thanks to people like noted short seller Jim Chanos, who maintains that China’s economy is weak and its markets are in a bubble. By this line of reasoning, a higher yuan would take away China’s competitive advantage, ending its miraculous growth.
Frankly, we believe that eventually all the statues of Chairman Mao in China may be replaced by statues of people like Chanos, because their opinions are the misdirection that will let China rise to world dominance.
The classic Chinese book, The Art of War, states that when you are strong, you must always make the enemy think you are weak. So today, China is much stronger than most people realize. Contrary to the spin, a higher yuan will benefit China and harm the U.S.
Consider what happened after July 2005, the last time China let the yuan rise. Commodity prices across the board rose more than 100% until their peak in 2008!
Anyone who thinks that another such spike in commodity prices would be good for the U.S. economy needs to take an early retirement. The last one led to the recession and 10% unemployment.
This time around, everyone is underestimating China’s economy and its future need for commodities. But they’re wrong.
China’s need for commodities has, if anything, been growing. China has embarked on a program to build an alternative energy infrastructure which will require massive amounts of every industrial material. A higher yuan will be a blessing, since it will allow China to buy these materials around the world for less. If anything, China will be able to manufacture products for lower relative costs than now. And so how in the world will that help U.S. exports.
A freely floating yuan could cripple the U.S. economy, while helping China. Nonetheless, it seems bound to happen. And the best part, from the Chinese perspective, is that they can say, “Well, we warned you. We didn’t want to do it, but you insisted.”
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Daimler AG CEO Dieter Zetsche is coming under fire from the supervisory board due to his dual leadership as group CEO and head of the Mercedes-Benz unit.
“The double role is unacceptable as a long-term solution,” Frankfurter Allgemeine Sonntagszeitung quoted a member saying. The member also said that the 2010 operating margin target given by Zetsche for the Mercedes unit was “totally unsatisfactory.” He said that Mercedes should have a separate head.
The paper also mentioned Wolfang Bernhard, who recently rejoined Mercedes-Benz head of production, as a potential candidate to lead Mercedes. Bernhard was to become the head of Mercedes-Benz in 2004 before union opposition to his appointment.
– By: Stephen Calogera
Source: Automotive News (Subscription Required)
U.S. Rep. Emanuel Cleaver Joins Business Panel to Discuss How Clean Energy Can Key Missouri’s Economic Revival
Kansas City, MO— A new Missouri public opinion survey shows that by a 2-1 margin, Missourians believe that investment in clean technologies will help revive the state’s economy and create jobs. U.S. Rep. Emanuel Cleaver II joined a panel of business leaders and economic development experts today to discuss the poll results and how bringing clean energy businesses to Missouri will rebuild the state’s dwindling tax base, which has led to a torrent of recent Kansas City school closures and other cuts to vital services.
The roundtable discussion was sponsored by the Apollo Alliance, a national coalition of business, labor and environmental leaders that launched a chapter in Missouri last year. The statewide poll, commissioned by Apollo and conducted late last month by the polling firm Research 2000, showed that Missourians are strong believers in the opportunity for economic recovery posed by boosting investment in clean energy manufacturing. Fifty-seven percent of poll respondents said that investments in clean technologies will help revive the state’s economy, while only 24 percent disagreed.
“Policies that drive clean energy demand are the key to getting our economy back on track and creating jobs for the people of Missouri,” said Rep. Cleaver.
According to research by the Political Economy Research Institute (PERI) and Center for American Progress, a $150 billion annual national investment in clean energy resulting from Recovery Act funding and climate and energy legislation will generate major employment benefits for Missouri.
“The combination of Recovery Act funding and proposed federal clean energy investments could lead to a net increase of approximately $2.9 billion in investment revenue and 36,000 new green jobs in Missouri,” said Michael Peck, an Apollo Alliance Board Member and director of external relations for wind energy company Gamesa USA.
The Pew Charitable Trusts released a national economic study last year which showed that green jobs grew nearly two and a half times faster than overall job creation between 1998 and 2007. During that time, clean energy jobs in Missouri grew at twice the rate of overall jobs, and the state now boasts more than 1,000 green businesses which employ nearly 12,000 people.
Chris Chung, CEO of the economic development group Missouri Partnership, said it is impossible to ignore the potential of clean energy industries. “Green technology represents arguably the most promising opportunity for domestic and international businesses to create new jobs and prosperity here in Missouri,” he said. “This path to success can be accelerated by public policy that invests in helping businesses and customers prepare to meet the growing demand for clean energy.”
The American Clean Energy and Security (ACES) Act, passed by the U.S. House of Representatives in June 2009, would put a cap on carbon and establish a Renewable Energy Standard that will generate unprecedented demand for clean energy, its components and systems. According to news reports, U.S. Senators John Kerry, D-Mass., Lindsey Graham, R-S.C., and Joe Lieberman, I-Conn, will soon unveil a climate and clean energy bill they hope will gain enough bipartisan support to pass the long-gridlocked Senate.
The House energy bill would provide capital for small and mid-sized manufacturers to become more energy efficient and retool to expand into the clean energy supply chain. Once enacted, these investments – based on U.S. Sen. Sherrod Brown’s “Investments for Manufacturing Progress and Clean Technology (IMPACT) Act” – will create or retain at least 680,000 direct manufacturing jobs across the country and nearly 2 million more jobs in related industries over the next five years.
For more on the Apollo Alliance, visit www.ApolloAlliance.org.
CONTACTS: Sam Haswell: (415) 371-1700 x201
###
The Apollo Alliance is a coalition of unlikely and diverse interests – including labor, business, environmental, and community leaders – advancing a bold vision for the next American economy centered on clean energy and good jobs.
Bob Devlin was 100 miles away from the Pocosin Lakes National Wildlife Refuge when he looked out a window and noticed something strange.
The thick smog he noticed that day in the summer of 2008 appeared suspicious because it wasn’t smog… it was smoke.
Though far removed, Devlin caught a firsthand glimpse of the smoke plume emanating from a huge wildfire that ravaged over 30,000 acres of eastern North Carolina.
“That was the day that started it all,” Devlin said Wednesday at the AAAR conference.
After the fire, he quickly banded together a large group of scientists to collaborate on an innovative project. He sought to not only study the health effects of such a large fire, but to do so in a way that communities and states could mimic cheaply and easily during future wildfire events.
Using satellite imagery, Devlin and his colleagues looked at every North Carolina county that was covered in smoke during the three worst days of the fire. They also collected easily accessible data on daily emergency room visits during the worst fire days.
Devlin found significant spikes in emergency room visits for asthma, heart failure, arrhythmia, and pneumonia in counties that were covered in smoke during the worst wildfire days.
The data is unique for two reasons. It is the first time such associations between wildfire pollution and emergency room visits due to cardiovascular problems have been made (previously, only respiratory effects were reported). It is also one of the first case studies of a peat fire, which, in contrast to a normal wildfire, emits pollution particles closer to the ground where people may more readily inhale them.
While the findings are interesting in their own right, the larger significance of the study lies in the ability of the public health community to replicate Devlin’s analysis cheaply, easily, and without sophisticated statistical methods.
“Anybody can access these satellite images, count up the counties covered in smoke, and look at emergency room visits,” Devlin explained.
“In the future, public health officials can use this method to make decisions… [they can decide] for example, whether elderly people should be removed from the path of wildfire smoke.”
The next step, Devlin said, is to continue analysis of the 2008 fire by incorporating data on actual hospital admissions.
For an abstract of Devlin’s work, visit
About the Author: Becky Fried is a science writer with EPA’s National Center for Environmental Research. Her OnAir posts are a regular “Science Wednesday” feature.
In this morning’s Hedgeye email, Keith McCullough discusses how the S&P 500 is ultimately due for a correction.
The bull rally of recent weeks has been impressive, squeezing shorts hard and making people lots of money but alas, McCullough does not agree with it, saying that if lower volume and past performance are anything to consider, this trend won’t last forever, as demonstrated by the chart showcasing 2009’s performance.
Hedgeye: In the last 2 weeks, I have largely missed these short squeeze rallies to higher-highs in the SP500. I missed making money on them in last part of 2007 too. This time, the volume is a lot lower (both actual market volume and the daily yip-yap of who is going to be LBO’d next), but things I am seeing and hearing out there are starting to rhyme.
I won’t remind you who those were that used to parrot that “the world is awash with liquidity” in 2007, but I will show you a chart that A) isn’t new and B) gets emailed to me at this point every other day. This is one way the perpetual bulls are trying to justify chasing this rally up here – the “cash on the sidelines.” Yes, there is a lot of it. But there was with the SP500 -74% lower too.
The second chart shows you the Pain Trade since the February 8th lows. By any historical analysis of SP500 price performance, a +11.2% melt-up in over a 7-week timeline is not normal. Some people are calling this a complacency rally. I disagree – I think it’s a Fear Rally at this point. There is outright fear of either being short squeezed or redeemed for missing another massive move higher. This fear factor is usually most prominent at month and quarter ends (Wednesday).
I’m not calling for a 2008 style crash, yet. But I am calling for another correction.
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Starting tomorrow, most of the automotive industry will focus most of its attention on the 2010 New York Auto Show. However, next week the attention will shift to AMI Leipzig.
At the show, Audi will showcase the new Audi A1, A8, RS5 Coupe and the Audi e-tron. Joining the lineup will be the upgraded version of the Audi TT coupe and roadster for the 2011 model year.
We’re not sure how significant the changes will be but we’re definitely excited to see what Audi has in store.
Click through for the press release.
Press Release:
AMI Leipzig: Audi to present a spectacular lineup of premieres
· The German premiere for the new Audi A1 in Leipzig
· The upgraded Audi TT to be shown for the first time
· Audi e-tron show car is an additional highlight
Ingolstadt, March 30, 2010 – Audi will present a spectacular lineup of premieres at the AMI Leipzig, along with its current model range. The product improvement of the Audi TT Roadster and Audi TT Coupé will be shown to the public for the first time during the exhibition. Other highlights include the German premiere of the new Audi A1, the Audi A8 and the Audi RS 5 Coupé, the Audi e-tron show car and the car that won the 2009 DTM (German Touring Car Masters).
Visitors to the 2,300 square-meter (24,757 square-foot) Audi exhibition stand in Hall 1 will find no fewer than 25 production models and two show cars. The exhibition runs from April 9-18. The DKW Malzoni will participate in the traditional exhibit in the Glass Hall. In addition, Audi will again participate in the “AMI fuel-saving driving lesson” this year with three models.
Audi will be showing almost its entire current model range at the AMI Leipzig – from the Audi A1 to the company’s flagship car, the Audi A8. Michael-Julius Renz, Head of Sales for Germany at
AUDI AG, will present detailed information on the premieres, products and promotional activities during the Press conference on April 9 at 9 a.m. at the Audi exhibition stand (No. C02) in Hall 1.
DTM Champion Timo Scheider will also take part in the press conference.
The product improvement of the Audi TT will celebrate its world premiere in Leipzig. To mark the 30th anniversary of quattro, the Coupé and Roadster continue building upon the successful history of the
TT models. The new Audi A1 will also be making its first appearance at an exhibition in Germany. Urban, sporty and individual – they’re all hallmarks of the smallest Audi model. It offers customers a wide range of possibilities for customization, the latest technology in its sophisticated infotainment system, and high efficiency coupled with an extraordinarily fun driving experience.
Audi has taken up the task of lowering fuel consumption and CO2 levels – with the focus on further advancements in the combustion engine and its environment. High priority is also placed on further development of alternative drive systems, such as electromobility. This is right in keeping with the concept behind the Detroit show car Audi e-tron, which will also be exhibited in Leipzig.
Right next to the new-car exhibit, this year Audi will also be offering attractive, recent Audi company cars for sale under the “Audi Approved:plus” brand. Prospective customers will find a wide range of Audi models filling the 660 square-meter (7,104 square-foot) exhibition area, along with information about the “Audi Approved:plus” brand.
Once again this year, Audi will participate in the “AMI fuel-saving driving lesson” with three Audi cars. This event, sponsored by the German Motor Vehicle Importers Association (VDIK), teaches exhibition visitors highly efficient driving techniques. Professional trainers will demonstrate techniques for lowering fuel consumption with an Audi A3, an Audi A4 and an Audi A6.
In addition to the exhibition of car models, the Audi stand will also feature many promotional activities. Guests can try out the Xbox game “Forza III” and compete against each other in this car race. There will also be prize drawings for two DTM VIP packages. The packages include direct access for the winners to the driver paddocks. DTM driver Timo Scheider will sign autographs for an hour at the Audi stand on April 10, starting at 11 a.m. At 1 p.m., the DTM champion will take his place on a so-called “celebrity sofa” in the Glass Hall.
“Hidden Treasures” is the theme for this year’s edition of the traditional exhibition in the Glass Hall. Audi will participate with a DKW Malzoni, a full-blooded 1965 sport coupé with a 60 hp two-stroke, three-cylinder engine.
AUDI Group sold around 950,000 cars in 2009. The Company posted revenue of €29.8 billion and an operating profit of €1.6 billion. Audi produces vehicles in Ingolstadt and Neckarsulm (Germany), Györ (Hungary), Changchun (China) and Brussels (Belgium). Aurangabad in India saw the start of CKD production of the Audi A6 at the end of 2007 and of the Audi A4 in early October 2008. The Company is active in more than 100 markets worldwide. AUDI AG’s wholly owned subsidiaries include AUDI HUNGARIA MOTOR Kft., Automobili Lamborghini Holding S.p.A. in Sant’Agata Bolognese (Italy) and quattro GmbH in Neckarsulm. Audi currently employs around 58,000 people worldwide, including 45,500 in Germany. Between 2010 and 2012 the Audi Group is planning to invest around €5.5 billion in order to sustain the Company’s technological lead embodied in its “Vorsprung durch Technik” slogan. By 2015, Audi plans to significantly increase the number of models in its portfolio to 42.
Audi has long been fulfilling its social responsibility on many levels – with the aim of making the future worth living for generations to come. The basis for Audi’s lasting success is therefore formed by environmental protection, the conservation of resources, international competitiveness and a forward-looking human resources policy. One example of AUDI AG’s commitment to environmental issues is the newly established Audi Environmental Foundation.
– By: Kap Shah
Sony Computer Entertainment Asia (SCE Asia) announced that the company will officially initiate the PlayStation business in Republic of the Philippines making the world’s popular computer entertainment systems and services available to the PlayStation fans and consumers in the country. The Philippines will be the 9th country and region in the SCE Asia territories.
Along with the initiation of the PlayStation business in the Philippines, SCE Asia will introduce to the market the PlayStation 3 (PS3) (CECH-2012A / CECH-2012B) (body color: charcoal black) computer entertainment system featuring an extremely streamlined form factor with 120GB (CECH-2012A) or 250GB (CECH-2012B) variations. They will also sell the PSP (PlayStation Portable) (PSP-3006) handheld entertainment system. The PS3 and PSP system will become available in stores now, at suggested retail prices of PHP18,999 for PS3 120GB model, PHP 20,999 for PS3 250GB model and PHP 9,999 for PSP-3006 respectively (including tax). With the launch of the PlayStation platforms, users in the Philippines will be able to enjoy a wide variety of entertainment content including games, music and movies on the popular entertainment systems.
Porsche is working on pursuing the U.S. Environmental Protection Agency and the Department of Transportation to allow low volume sports-car makers to get a partial exemption from the forthcoming U.S. emissions and economy standards.
The Stuttgart automaker has submitted a few documents to the EPA and DOT in hopes to win an exemption on the forthcoming legislation that will require automakers to have a fleet-average fuel-economy of 35 mpg by 2016.
The document says that the regulations “would perversely require Porsche to become the fuel efficiency leader in the United States.” It is recommending that company’s that produce niche sports cars should face easier targets.
We’re guessing Ferrari and Lamborghini should also jump on board and support Porsche.
– By: Omar Rana
Source: Green Car Advisor
Sony Pictures Entertainment sold a portion of its investment and certain ancillary rights in its HBO Latin America joint venture, which owns and operates certain premium pay television businesses in Latin America, to an affiliate of Time Warner. Prior to this transaction, SPE owned approximately 29% of this joint venture and, after this transaction, will own approximately 8%. The cash proceeds from the sale were U.S. $217 million, and the sale is anticipated to result in a pre-tax gain of approximately U.S. $200 million in Sony’s consolidated financial results for the fiscal year ending March 31, 2010. After the closing of the sale, the parties submitted a filing with the Brazilian competition authority. In the event the Brazilian competition authority does not approve the sale, the sale of the Brazil portion of the investment could be subject to rescission, in which case approximately 40% of the purchase price (and the corresponding pre-tax gain) could be subject to rescission.
In January 2010, in a separate transaction, SPE sold its investment in its HBO Central Europe joint venture, which owns and operates a premium pay television business in Central Europe, to another affiliate of Time Warner. The sale resulted in pre-tax gain of approximately U.S. $45 million in Sony’s consolidated financial results for the fiscal year ending March 31, 2010.
The impact of these gains on sales was incorporated within the outlook for the fiscal year ending March 31, 2010, announced on February 4, 2010.
These sales are in keeping with SPE’s strategy of focusing on and investing in its majority and wholly owned network operations across Latin America and Europe. SPE will continue to provide its content to the HBO pay television businesses in Latin America and Central Europe.
Disney’s The Incredibles are bringing their superpowered selves to LittleBigPlanet. The Incredibles costume pack is mega-sized, containing a total of nine new costumes, and that’s only half of it. An Incredibles-themed level pack will also hit the
Ever since Honda unveiled its HSV-10 Super GT race car, a model which is based on the NSX that Honda says will never be, we’ve been left craving a road-going version. According to a report (rumor) by AutoBild, Honda is now working on a road-legal version of the HSV-10 Super GT.
Of course we’re a bit skeptical since Honda has repeatedly confirmed that it has no plans to do a next-generation NSX.
Either way, it would be nice to see this become a reality but we’ll have to file this under “Rumor” for now.
Refresher: Power for the Honda HSV-10 Super GT comes from a 3.4L V8 making 500-hp with a maximum torque of 289 lb-ft. It is mated to a Ricardo sequential gearbox with steering wheel paddle shifters.
Honda HSV-10 GT:
– By: Kap Shah
Source: AutoBild (via AutoBlog)
Craig Mod has an interesting story about publishing a guide book to the Tokyo art world. Here’s Craig’s description of what happened:
I coauthored and designed a guide book to the Tokyo art world: Art Space Tokyo.
It came out in 2008 to much acclaim and sold out rather quickly.
The publisher we originally published with didn’t have the money to support a reprint. It sat in limbo for ages.
This is a niche book — Tokyo & art.
It’s also a beautiful book: silkscreened clothbound hardcover, detailed maps, printed and bound in Japan. Elegant.
The original publisher was talking about reprinting it — cheaply, paperback, disposable. Destroying much of the original charm.
This is ridiculous. So I bought back worldwide publishing rights from the publisher. Drawing inspiration from REWORK — looking sideways, ignoring the ‘usual’ rules of publishing, this is what’s now happening:
Sales folk at traditional distributors push for cheap cheap cheap because it’s easy to sell. The problem is cheap cheap cheap doesn’t generate sustainable profits. And leads to disposable, flimsy books.
Instead of compromise, we’re raising the price. This lets us keep the same high quality, which readers love. It also means the revenue generated by the sales can lead to expansion of the project. Instead of every sale eeking us back to break-even, every sale helps lay the foundation for expanding the project.
Multi-touch is an enhancement to touchscreen technology, which provides the user with the ability to apply multiple finger gestures simultaneously onto the electronic visual display to send complex commands to the device. It was truly popularized by the iPhone, which allowed users to pinch, zoom and other commands by using two fingers. However, it has been unclear as to if the XPERIA X10 would ever have multi-touch. Sony Ericsson product manager Rikard Skogberg has stated on the official Sony Ericsson product blog, “there’s no multitouch in X10 – and I also can confirm that it’s not only related to SW but also to HW. Despite this, for future updates of X10 we are of course working on other solutions for e.g. zooming, which has been requested frequently on this blog, such has the solution demoed on X10 mini.”
You may have seen the news that Zorro Productions is suing Mars, the makers of M&M’s, over a trademark infringement claim, concerning an M&Ms commercial that apparently involves some sort of Zorro costume. But wait a second… just like Sherlock Holmes, it appears that at least some of Zorro should be in the public domain by now. Pamela Chestek writes in to give her very thorough analysis of this particular case, noting that, in some ways, it may be setting up some future lawsuits concerning the difference between trademark and copyright in characters. This is an issue that is going to get increasingly important — since (assuming Disney doesn’t pull another copyright extension out of its magic bag) some characters created in the last century may start hitting the public domain with their copyrights, even as their trademarks remain. But what does that mean when it comes to using those characters? Well, with Sherlock Holmes, it means that the estate holding the rights still pretends you can’t do anything, even if that’s not quite true. And it looks like Zorro Productions is doing the same thing. But it’s not that easy:
According to the Copyright Office, all works published before January 1, 1923 are in the public domain. So if the copyright in the original Zorro character is in the public domain, the public may also exploit the character. But how far does the right extend? As a matter of legal doctrine, in general copyright and trademark can happily co-exist. Therefore, even if Zorro was in the public domain, to the extent that Zorro has source-identifying significance (like Mickey Mouse does), Mars may use Zorro only as long as doing so isn’t likely to cause confusion as to the affiliation, connection, or association of Zorro with Mars, and Mars doesn’t suggest that Zorro sponsors or approves of Mars’ goods. (That’s an abridged version of the statutory language, don’t blame me because it’s almost unintelligible).We can’t know whether this might be happening without knowing what the accused work is, but the complaint may be squarely in doctrinal conflict territory. There is no suggestion that Mars used the word “Zorro”; it instead appears that ZPI is alleging that use of a Zorro character in any form is infringing. ZPI describes its proprietary character as dressed in black, wearing a flat Cordoba hat, a mask and a cape, and you can see that the registered logos of Zorro and the Zorro costume are both quite similar to the public domain Zorro…. So to the extent that the claim of proprietary rights in the Zorro character is co-extensive with the copyright in the character, which gives?
In the end, Chestek gives the edge to Mars, but isn’t entirely sure because it’s not entirely clear what the actual infringement is. Many of the news stories show an image of an M&M candy in a sorta-Zorro-like outfit, but Chestek notes that the lawsuit describes someone in a Halloween costume, which implies it may be something different. Assuming that it is a person in a Halloween costume, Chestek suggests that Mars has a strong case, and Zorro may be missing the mark:
My vote right now is that the mere use of a character in the public domain, particularly when it appears to be someone simply wearing a Halloween costume representing the character, isn’t going to be perceived as an endorsement in the first instance.
However, that could change, depending on the specific use, and if there is some impression of “endorsement.” Ah, the public domain. It isn’t quite what it used to be.
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Today has been a pretty quiet day. Many people waiting for the HD2 to be restocked at their neighborhood stores, and now brighthand has some pretty “bright” news for us. They are reporting that after a long wait(for many people like me, 5 days is long), the device is available online for the first group of people that are lucky enough to get it while it last.
I myself have tried to order one online, but they do not offer it on upgrades, only for new costumers. With that all said, I called a few(9) T-mobile stores to get some information. In MN, all the HD2’s are sold out, and they say if we are lucky, Friday will bring more. In GA, all the HD2’s are sold out, and they are waiting for more, hopefully Friday.
I lastly called New York, New York. I called 3 stores in the city, and they all do not have any available and are waiting till friday when they might receive more. All three of the stores already began a list for people that are interested in it, and would like to reserve one. The list is getting very long from what they say and it might be a while till everyone gets a device.
I am pretty surprised about all this. I did not expect all this to happen for one device, I guess the US just love their big screened devices. Many people are resorting to Ebay to get their self a copy and that is a smart idea since they are going for around $500 dollars there.
If you are tired of waiting, Ebay, Amazon, Wirefly can all help you out, but for a very steep price.
Comment below and tell us how much you like your device, or if your still waiting.
Stores called:
Greenwich St & Warren (9306)
170 Broadway (3804)
Maiden Lane & Water St (9221)
University & Pascal (8704)
Highland Park (7853)
Rosedale Mall (1069)
Peachtree Center (5872)
Fifth & Williams (7674)
Peachtree & 8th (9010)
Long before shows like CSI misled the public about how long a DNA test takes and introduced the mythical world of “zoom and enhance,” airplane black boxes were making people think you could minutely recreate an air disaster if you could just get the box. Not so. Turns out that quite a few cars sold in the U.S. have black boxes as well, with the same limitations: you can retrieve a certain set of data from them, but its quality and usefulness varies.
Toyota has been phasing black boxes into its cars since 2001, but stresses that the data collected is for “general safety research, not accident reconstruction.” The data collected comes from several collection points like the acceleration and airbag modules. While it can help solve a case like the one of the zooming Prius in New York, where the woman was actually pressing the accelerator and not the brake, in other cases it won’t prove effective, such as when the data being gathered is from the same corrupt source that’s part of the problem.
The National Highway Traffic Safety Administration has laid out some uniform regulations to cover black boxes from 2012. Just about every automaker selling cars here uses them, but they collect different data and an owner’s access to that data differs across the country. Carmakers are generally in agreement with the new regs, but want to push the date back a year to fall in line with vehicle development timelines. The bigger issue, though, isn’t what a black box is going to record, but what it will do with those recordings, who can get to them, and how easily.
[Source: USA Today]
USA Today investigates how automotive ‘black boxes’ can help recreate accidents originally appeared on Autoblog on Tue, 30 Mar 2010 13:00:00 EST. Please see our terms for use of feeds.
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Speaking today at his keynote speech to the Automotive Forum 2010 in New York, Chrysler/Fiat CEO Sergio Marchionne said that he will delay the launch of Chrysler’s redesigned 2011 Jeep Grand Cherokee if he doesn’t think the vehicle’s quality is flawless.
The 2011 Jeep Gran Cherokee is scheduled to go on sale in June or early July.
“It is the signature vehicle” of Fiat-run Chrysler — the first all-new vehicle since Italy’s Fiat took over — and will be seen sign of the quality of all successive Chrysler-Fiat vehicles,” Marchionne said. “The Grand Cherokee “must be flawless’” he said. “It will not be launched (on time) otherwise.”
Chrysler recently kicked off production of its 3.6L Pentastar V6 engine, which will make its debut in the 2011 Jeep Grand Cherokee. It has been previously reported that prices for the 2011 Grand Cherokee SUV will start at $31,480 for the base Laredo E model.
Click here for more news on the Jeep Grand Cherokee.
– By: Stephen Calogera
Source: DriveOn