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  • Beta Test This! Keyboard Wars

    The team over kbwars.com is seeking up to 100 beta testers for their new Android game, Keyboard Wars.  The premise of the app is to compete using your mobile typing skills.  How fast and accurate are you?  Put yourself to the test and find out how you do against others from around the world!  There are various modes to play including practice and career with the ability to win cash and other prizes.  As an incentive to sign up for a beta account they are giving out an Apple iPad (yeah, we know) to one lucky tester! To qualify for the beta, you must have an Android phone with 2.0 or higher.

    Might We Suggest…

    • Developer to Watch: HyperDevbox
      We’ve received a couple of emails over the last week from a gaming studio called HyperDevbox who has alerted us to two games of theirs. Both of them, LoveCatch and the brand new ExZeus were written t…


  • Google may face legal challenges if it open-sources VP8 codec

    By Scott M. Fulton, III, Betanews

    Last February, at the time Google completed its purchase of On2 Technologies, the video technology patent holder and maker of the VPx series of video codecs, the Free Software Foundation posted an open letter urging Google to release the latest version, VP8, to the open source community. Though Google has been pretty vocal since then about what it has perceived as the bright prospects for On2 under its wing, the volume was turned down to low on Tuesday, immediately after the digital television news service NewTeeVee cited anonymous sources as saying Google intends to do just as FSF asked.

    Google declined official comment on the story to Betanews, but the tone of the spokesperson’s declination speaks volumes, especially from this characteristically forthcoming company: “We’re excited to be working with the On2 team to continue to improve the video experience on the Web, but we have nothing to announce at this time.”

    Theoretically, opening up the VP8 codec to the community would enable not only Google but other browser manufacturers, including Mozilla and Opera, to include the codec inside their browsers rather than as add-ons, or forcing users to download add-ons from other sources. Such a development could enable the originally intended use of the <VIDEO> element in HTML 5: a way for individuals to freely share Web video with some assurance that its viewers will be able to see and hear it.

    Based on the information Betanews has already been receiving since last August, when the On2 buyout deal was first announced, it appears possible, at the very least, that if Google were to attempt to release a version of On2’s VP8 codec under an open source license, rights holders and patent owners could mount a legal challenge. Although On2 is a patent holder for three principal video compression technologies, all of which were intentionally presented as alternatives to other proprietary technologies such as H.264, codecs are developed around several bedrock technologies. Companies that either have claims to those technologies, or at least believe they do, could very well file suit if they believe Google was never licensed to give away methodologies they contend they have created, and thus own.

    Today, Betanews asked a video technology business source whether our theory held water — whether technology owners could legally challenge Google, or other users, if it attempts to offer a free license for technology without the owners’ consent or license. The source replied affirmatively. While Google may very well own rights to a proprietary version of VP8 for its own sale and licensing purposes, outside of On2’s own patents, if Google and other users are not licensed under applicable patents, the “patent-free” state of that codec could be challenged in court, Betanews was told.

    The key to the viability of whatever move Google makes, Betanews research has determined and our source is confirming, is the nature of the license under which the codec is offered. Rather than an open source license, which entitles users to also acquire the source code, Google may instead offer the codec royalty-free. You could use it, but you couldn’t take it apart. Also last February, the licensing body for H.264 and AVC, MPEG LA, pledged to extend the term of free licensing to 2015 to individuals who used H.264 codecs for which royalties were already paid, for producing freely distributed Internet videos. That move could potentially set an example for Google to do something similar, providing free Web users with a way to use VP8 in a manner that rights holders may not object to.

    But there’s already historical precedent for a company attempting to offer a royalty-free license for a codec whose underlying technologies it didn’t completely own. In 2005, Microsoft offered its WMV9 technologies as the royalty-free standard VC-1. As Microsoft soon discovered, WMV9 was not “patent-free” outside of Microsoft, and its underlying technologies were not royalty-free either. Today, Microsoft’s service agreement on VC-1 includes a notice saying, among other things, that AVC — one of the bedrock encoding technologies claimed by other rights holders — may be used in the VC-1 codec, under a license granted to Microsoft by MPEG LA. That license covers Microsoft when it, in turn, licenses the use of VC-1’s three essential encoding technologies, for non-commercial purposes.

    “The software may include H.264/MPEG-4 AVC and/or VC-1 decoding technology,” the agreement reads, prior to the addition of a paragraph the agreement itself says MPEG LA requires.

    In an e-mail interview with StreamingMedia.com last February, MPEG LA CEO Larry Horn explained why such clauses continue to exist in license agreements. The newly extended H.264 agreement, for example, charges royalties for all deployments of H.264, but refrains from charging royalties for its free use on the Internet.

    “Virtually all codecs are based on patented technology, and many of the essential patents may be the same as those that are essential to AVC/H.264,” Horn told reporter Jan Ozer. “Therefore, users should be aware that a license and payment of applicable royalties is likely required to use these technologies developed by others, too. MPEG LA would consider offering additional licenses that would make these rights conveniently available to the market under a single license as an alternative to negotiating separate licenses with individual patent holders.”

    Again that month, the principal developer of the free x264 encoder for H.264 video, Jason Garrett-Glaser, reminded readers of his own blog of the history of Microsoft’s attempt to offer a royalty-free codec: “A few years ago, Microsoft re-released the proprietary WMV9 as the open VC-1, which they claimed to be royalty-free. Only months later, dozens of companies had come out of the woodwork claiming patents on VC-1. Within a year, a VC-1 licensing company was set up, and the ‘patent-free’ was no more. Any assumption that VP8 is completely free of patents is likely a bit premature. Even if this does not immediately happen, many companies will not want to blindly include VP8 decoders in their software until they are confident that it isn’t infringing. Theora has been around for six years and there are still many companies (notably Nokia and Apple) who still refuse to include it! Of course this attitude may seem absurd, but one must understand who one is marketing to. One cannot get rid of businesspeople scared of patents by ignoring them.”

    Technically, a new “licensing company” was not set up, though Microsoft’s licensing arrangement did give users the impression that one sprung up overnight. But even with all that, Garrett-Glaser went on, there may be one completely unexpected reason why a Google attempt to offer VP8 under an open source license may fail miserably: You might not want it even if it is free.

    “VP8 is proprietary, and thus even if opened, would still have many of the problems of a proprietary format. There may be bugs in the format that were never uncovered because only one implementation was ever written (see RealVideo for an atrocious example of this),” he wrote. “And given the quality of On2’s source releases in the past, I don’t have much hope for the actual source code of VP8; it will likely have to be completely rewritten to get a top-quality free software implementation.”

    Copyright Betanews, Inc. 2010



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  • In a Social World, BlackBerry’s Browser Looks Rotten

    Apple’s iPad is already nearly even with the BlackBerry line of devices when it comes to mobile device browser market share, Computer World reports this morning citing data from NetApplications.com. With just 500,000 iPads sold in the U.S. so far compared to millions of BlackBerry devices worldwide, the numbers underscore a huge problem for Research In Motion. While BlackBerry devices are the indisputable king when it comes to pocketable email machines, the world is moving to the web, applications and social networking, which their browsers simply aren’t powerful enough to support.

    Indeed, BlackBerry devices lost market share in the final quarter of 2009, while iPhone OS and Android, whose browsers are both based on WebKit — grew. And this week a Morgan Stanley trend report indicated that social networking users surpassed email users back in July of 2009. Research in Motion clearly understands the changing trends, but it’s taking a long time to react. In August of 2009, the company purchased Torch Mobile, a development firm that at the time had already created Iris, a WebKit-based browser for Microsoft Windows Mobile devices.  Immediately following the purchase, Torch Mobile announced that all work on the Windows Mobile client would cease, presumably so the company could focus efforts on a BlackBerry web client. Eight months has produced a “coming soon” announcement and a video demo, but no new web client for customers to use.

    Although WebKit browsers arguably offer a better browsing experience on mobiles, one could argue that it’s not fair to compare the iPad to BlackBerry handsets since browsing on a 9.7-inch display is so much more enjoyable than on the small screen of a handheld device. And given that Apple — citing the “runaway success” of the iPad — yesterday postponed international iPad orders due to overwhelming U.S. demand, I wouldn’t be surprised if the devices succeeds in trouncing most smartphones when it comes to browser market share. That aside, Research In Motion needs to get in motion on its web browser, because the attention of mobile device users is focused on web activities.

    Related research on GigaOM Pro (sub req’d):

    What Does the Future Hold for Browsers?

  • Energy and Global Warming News for April 15: ‘Smart charger’ invented at DOE lab rolling out; China shift to low-carbon model vital for future — U.N

    Company to roll out ’smart charger’ invented at DOE lab

    Electric vehicle maker ZAP announced today the planned rollout of a charging control device invented at the Pacific Northwest National Laboratory for use in the United States, Korea and China.

    The “smart charger controller” lets the owner of an electric car manage how and when the vehicle will charge, taking into account time-of-day or energy-cost signals.

    The controller relies on a wireless communication device using the proprietary ZigBee standard to relay information about energy pricing and the vehicle’s state of charge. It also senses voltage or frequency disruptions on the electric grid. The device then manages power flowing to a vehicle based on user-programmed settings and the grid’s state.

    Experts say this type of control can alleviate strain on the grid caused by large numbers of plug-in cars.

    “If millions of owners plug in their electric vehicles to recharge after work at the same time, it could cause stress on the grid,” said Pacific lab engineer Michael Kintner-Meyer. “The smart charger controller will prevent those peaks in demand from plug-in vehicles and enable our existing grid to be used more efficiently.”

    ZAP distributes electric trucks, vans, motorcycles, scooters and cars worldwide and is developing an electric vehicle dubbed the Alias.

    The controller license agreement is between Battelle, the company that manages the Energy Department’s lab, and ZAP, according to the auto company. The companies did not release financial details of the agreement.

    ZAP plans to use the technology for vehicles and charging stations to be introduced in the United States and Korea, and to sublicense it to a joint venture operating in China, it said. Those rollouts are expected later this year.

    A previous Pacific lab study found the U.S. power grid could support about 158 million vehicles, or about 70 percent of the light-duty fleet, if battery charging is carefully managed.

    A Program to Certify Electronic Waste Recycling Rivals an Industry-U.S. Plan

    The Basel Action Network, an American watchdog group that has sought to curb the export of toxic electronic waste from the United States, plans to begin a new certification and auditing program on Thursday for both recyclers and companies that generate electronic refuse.

    In addition to outlining safe domestic handling and disposal practices for old televisions, computers and other electronic devices, the system would effectively bar participating recyclers from exporting toxic, nonfunctional electronic waste to developing nations. The program will compete directly with a less stringent standard recently developed by industry and the federal government that companies and recyclers say makes more economic sense.

    “The U.S. has been asleep at the switch,” said Jim Puckett, the executive director of the Basel Action Network, which takes its name from the Basel Convention, an international agreement governing the handling and trade of hazardous waste, including discarded electronics. More than 165 countries have ratified the convention, but the United States has not.

    Much of the debate over the handling of electronic refuse arises from the metals like lead and mercury that are used to make electronic devices. Most discarded equipment is either ported to landfills or sold into a murky global market, where it often ends up in vast and unregulated harvesting and smelting operations in poor corners of Africa and Asia. In either case, the disposal poses significant environmental and health risks.

    Some 53 million tons of electronic waste was generated worldwide in 2009, according to ABI Research, a technology market research firm. Only about 13 percent of it was recycled. Global revenues for e-waste recovery were roughly $5.7 billion last year, according to ABI, and are expected to grow to $14.6 billion by 2014.

    The Basel network has long administered a program in which participating recyclers promised to abide by a set of rules for responsibly handling electronic waste.

    Beginning Thursday, the group’s certification, called e-Stewards, will be based on standards set out by the International Organization for Standardization, and compliance will be independently audited.

    Recyclers will pay a fee to the auditor and a licensing fee to BAN — roughly $15,000 for a midsize company, Mr. Puckett said — which will earn them the right to use the e-Steward logo.

    Electronic waste generators, including corporate buyers of technology and gadget makers, would earn an e-Steward Enterprise designation in return for a smaller licensing fee and a commitment, subject to continuing monitoring by BAN, to make a “best effort” to use e-Steward certified recyclers.

    FDA orders phase-out of ozone-depleting inhalers

    The Food and Drug Administration announced the phase-out yesterday of seven inhalers that use ozone-depleting chemicals.

    At issue are chlorofluorocarbons, or CFCs, used as propellants to move the medicine from inhalers.

    Four inhalers referenced by FDA are no longer manufactured. Companies that made them –Tilade Inhaler by King Pharmaceuticals, Alupent Inhalation Aerosol by Boehringer Ingelheim Pharmaceuticals, Azmacort Inhalation Aerosol by Abbott Laboratories and Intal Inhaler by King Pharmaceuticals — say they won’t be sold after this year.

    Three other inhalers will be phased out over the next three years, according to their manufacturers — Aerobid Inhaler System by Forest Laboratories, Combivent Inhalation Aerosol by Boehringer Ingelheim Pharmaceuticals and Maxair Autohaler by Graceway Pharmaceuticals.

    “During this transition, FDA wants to ensure that patients have access to safe and effective alternative medications to treat their asthma or COPD [chronic obstructive pulmonary disease],” Badrul Chowdhury, director of FDA’s Division of Pulmonary, Allergy, and Rheumatology Products, said in a statement.

    CFCs are known to damage the Earth’s stratospheric ozone layer, and FDA has been working for years on the phase-out. The United States banned CFC production in 1996 except for certain limited uses, including metered-dose inhalers.

    FDA struggled with eliminating the asthma inhalers and delayed a plan in 1998 to gradually replace CFC-inhalers with CFC-free alternatives given a lack of alternatives that were fully developed, widely available and affordable.

    In 2007, the agency proposed to phase out the seven remaining products and made its final announcement after reviewing more than 4,000 public comments, according to the agency’s Web site.

    Norman Edelman, chief medical officer for the American Lung Association, pointed to the Montreal Protocol — the international treaty for eliminating ozone-depleting chemicals — as the impetus behind FDA’s announcement. The treaty, ratified by the United States in 1987, established target phase-out dates for the manufacture and consumption of most ozone-depleting substances.

    “This is the final step,” Edelman said, “in something that’s been ongoing for a long time.”

    House panel approves $48B research bill

    A House Science and Technology subcommittee yesterday approved a $48 billion bill to fund research and development programs at the National Science Foundation that include big boosts in funding for innovative technology research and manufacturing research.

    The committee print — part of the reauthorization language for a broad 2007 research and education bill — was approved in the Research and Science Education Subcommittee by voice vote.

    In addition to authorizing $47.5 billion in NSF spending over the next five years, the measure approved yesterday includes language that would direct NSF to use at least 5 percent of its research budget to fund basic, high-risk, high-reward research proposals that have the potential to radically change understanding of existing scientific or engineering concepts or could lead to the creation of a new field of science or engineering.

    The language would also establish a program to award grants to university researchers studying transformative advances in manufacturing technologies, processes and enterprises that will support U.S. manufacturing.

    Lawmakers yesterday largely agreed that the language would boost and strengthen activities at NSF, although Republicans expressed some misgivings about the price tag and some Democratic amendments.

    “Many of my colleagues are concerned that the authorized levels of funding for the NSF may be excessively high in light of our current economic situation,” said subcommittee ranking member Vernon Ehlers (R-Mich.).

    Republicans were especially concerned by an amendment offered by subcommittee Chairman Daniel Lipinski (D-Ill.) that would authorize a new pilot program to award cash prizes in an effort to stimulate innovative research. “The prizes would highlight important problems no one knows how to solve and would benefit a broader range of researchers than traditional grants,” Lipinski said, stressing that the program was not meant to replace grants but to supplement them.

    Despite GOP misgivings, the measure was ultimately approved by voice vote.

    “I think prizes are an excellent idea, and they have a place and can be used effectively in certain areas, but I have some concerns about NSF being a part of the process,” Ehlers said. “There is no evidence that NSF is equipped to implement them in an effective manner.”

    The subcommittee also approved several other additions, including a manager’s amendment offered that makes minor technical changes and several other Democrat-offered amendments dealing with math and science education.

    Legislators voted down three amendments offered by Rep. Randy Neugebauer (R-Texas) that would shorten the overall authorization period from five years to three years, reduce authorized funding levels for certain programs and broaden language for the manufacturing research program.

    Yesterday’s markup was the second of three subcommittee markups the House Science Committee is holding on reauthorization of the 2007 America COMPETES legislation. The Energy and Environment Subcommittee marked up the first portion of the reauthorization bill, dealing with the energy program, last month (E&ENews PM). That language would reauthorize the Energy Department’s Advanced Research Projects Agency-Energy, or ARPA-E, through 2020 and authorize $3.4 billion through 2015.

    The Technology and Innovation Subcommittee meets next week to mark up the final part of the larger bill. That markup will focus on programs at the National Institute of Standards and Technology.

    Science Chairman Bart Gordon (D-Tenn.) said the full committee will mark up the bill by early May, and it will move to the House floor by Memorial Day.

    China shift to low-carbon model vital for future: U.N

    China should step up its drive to a low-carbon growth model to maintain economic development and preserve achievements that have made it the world’s third largest economy, a United Nations report says.

    The report by the United Nations Development Programme (UNDP) released on Thursday says China’s current growth model will be hard to sustain as the nation becomes more urbanized and the economy keeps expanding, consuming ever more amounts of energy.

    China is already the world’s largest emitter of greenhouse gases from power plants, industry and transport blamed for heating up the planet and is under international pressure to curb the growth of its emissions. Coal is, and will remain, a major source of energy.

    The country is also the world’s most populous with 1.3 billion people and the number is expected to keep growing in coming decades. Hundreds of millions expect to migrate to the cities, threatening a massive spike in carbon emissions.

    “The shift to a low-carbon development pathway is imperative as China balances further economic development with environmental sustainability and the need to respond to the threat of climate change,” Khalid Malik, UNDP Resident Representative in China, said in a statement.

    The report, “China and a sustainable future, toward a low carbon economy and society” and written in partnership with Renmin University of China, links economic growth, carbon emissions and human development in China.

    Enviro group hopes to unseat Rep. Michele Bachmann

    The League of Conservation Voters announced Wednesday that it will work to defeat Rep. Michele Bachmann (R-Minn.) this year.

    The group named Bachmann to its “Dirty Dozen” list of targets for the 2010 cycle, but with a twist – LCV said she won 60 percent in an online vote LCV hosted to select a “people’s choice” addition to the list.

    “Representative Bachmann’s landslide win as the ‘People’s Choice’ clearly shows voters are fed up with her over-the-top, anti-science rhetoric in which she continually parrots the talking points of Big Oil and other corporate polluters,” said Tony Massaro, LCV’s senior vice president for political affairs, in a statement.

    The group criticized Bachmann for voting against climate and energy legislation the House approved last year. LCV also cited several Bachmann statements on environmental issues, such as her pronouncement that global warming is “voodoo, nonsense, hokum, a hoax.”

  • Planting the Seeds of Hope

    This piece first appeared on the Gap Adventures blog. Jennifer Kefer is an environmental consultant who
    provides
    legal and political expertise, strategic analysis, and advice to
    NGOs, corporations and cities on a range of projects related to climate, energy
    and other environmental issues.  She serves as a
    Senior Climate Advisor at the Center on Budget and Policy and Policy
    Priorities
    .

    Some people like to vacation. They fly to far-off countries to escape reality, doze on a beach, drink too much and perhaps sleep too little. I don’t choose to vacation; I choose to travel. That’s why I chose to go to Kenya with Gap Adventures. Rather than looking at travel as a way to escape reality, I view travel as an opportunity to learn more about who I am and to better understand my place in the world. Gap Adventures provides the tools for this self-discovery.

    As a professional climate change advocate, I spend my days working to convince decision-makers to adopt policies to help address climate change. My efforts are met with resistance. In the US, decision-makers–and the American public–doubt the severity and even the very existence of climate change. While in Kenya, I spoke to dozens of people about these issues. I asked them whether they had observed any changes in their lifetime. Without fail–from educated guides to unschooled villagers–every person that I met retorted simply: “We don’t have seasons anymore.” In the United States we speak of climate change as a hypothetical, distant challenge; but in Kenya the effects are already visible. In the United States, I struggle to convince our leaders that climate change is a problem at all. In Kenya–thanks to Gap Adventures–I was able to work with people in the community to find solutions.
    Our Cultural Safari included a village homestay in the Luo village of Kuwuor. For me, this was the main attraction of the itinerary. Certainly, any tourist company could take me to see the lions and zebras of Kenya–and though this was undeniably part of the draw–I knew that my trip would have been a failure if I returned home without seeing Kenya’s people. When we arrived in Kuwuor, a multi-generational group of villagers greeted us in song. I assumed that this was a show for the tourists; akin to the costumed villagers that meet cruise ships as they pull into well-travelled ports. But, within hours, I would learn that this enthusiasm was sincere. We walked with our host family across a small creek and open pastures to their modest home. Our host–the village doctor–insisted that my friend and I sleep in their bedroom during our stay. We shared meals, took walks and did chores together.

    Many of the homes in the community were surrounded on all sides by small clay pots and buckets. These open receptacles were intended to collect water during the seasonal rains, to be used throughout the year. It was an inefficient system, to be sure. There were heavy rains the first night we slept in the village; yet, many of the buckets remained half empty in the morning. As climate change alters seasonal rains, making droughts drier and periodic downpours heavier, the people of Kuwuor will undoubtedly need to find a better system to harvest and store water. On our second day in the village, we joined a group of people from the village to erect two enormous rain barrels, positioned beneath the slanted roof with downspouts directing all of the rain into a single, covered container. We worked side-by-side with the villagers, carrying equipment, installing the gutters, positioning the barrel, and transforming their homes. These barrels will not restore the regularity of the seasons to Kenya; however, they will help ensure that the people of Kuwuor have water when the rains don’t come.

    Before leaving Kuwuor, each of us planted a small tree. My host promised to water the tree–and implored me to return to visit it one day. I certainly hope to.

  • Perking things up at Cablevision …

    We’ve always been fond of the term “perk,” meaning any of the many extras that companies bestow upon their top execs, from estate planning advice to free rides on the corporate jet. It always sounds so cheerful and innocent, which is certainly how companies tend to portray the perks themselves, downplaying any importance they might have in the overall compensation scheme.

    Then there’s Cablevision (CVC), the cable television giant known and loved (we’re using that term generously) by its millions of customers. At Cablevision, perks are big, as its latest proxy shows us. So big, in fact, that “All Other Compensation” for Chairman Charles F. Dolan is equivalent to two-thirds of his salary, or $1.1 million. For Vice-Chairman Hank J. Ratner, it’s 88%, or $1.45 million; and for CEO James L. Dolan, it’s nearly 62%, or $1.16 million.

    Total perks bill last year: $5 .2 million for the top five executives.

    As in most proxies, “All Other Compensation” means anything that’s not salary, bonus, cash incentive compensation, stock or options, or certain pension and deferred-compensation gains. At Cablevision it encompasses a panoply of goodies: special executive retirement- and savings-plan benefits ($287,337 for Charles Dolan), dividends on options and stock-appreciation rights ($665,200 each for Charles and James Dolan, and $1.1 million for Ratner) and then the perks that Cablevision actually labels as perquisites: Cars and drivers for four of the five executives listed in the proxy ($123,054 for Charles Dolan) and rides on the corporate aircraft ($271,698 for Chief Operating Officer Thomas Rutledge alone, at least some of which was for commuting by helicopter).

    But wait! There’s more! They also got free cable — television, high-speed Internet and phone service — as well as “executive home security” and corporate travel-service assistance in arranging personal travel. How much could those be worth? Less than $10,000 for Charles Dolan, but as much as $112,164 for James Dolan (we hope he gets more interesting channels than we do).

    Clearly, a lot of what gets lumped under “perks” or “all other” compensation at companies, Cablevision included, is the kind of thing people usually pay for themselves: extras or luxuries or everyday expenses that clearly aren’t business expenses for an employer, from jet-plane rides and travel agents to high-definition living-room entertainment and the family car. Call us old-fashioned, but we always thought that’s what those big salaries were for.

    After all, these gentlemen aren’t exactly paid on a shoestring. Just for signing new employment agreements late last year and early this year, Ratner got shares worth $1.75 million; Rutledge got $7.75 million cash. And each man is getting $15 million toward their deferred compensation accounts.

    Still, everyone knows $15 million isn’t what it used to be. That’s something to keep in mind the next time you pay your cable bill — or cash a dividend check from Cablevision.

    Image source: El Gran Dee via Flickr


  • What Will Be the Next Big Thing in the Mobile Space?

    The speculation and anticipation over the iPad is now over, at least in the U.S., and we fickle mobile enthusiasts now turn our thoughts to what will come next. The past two years have been exciting in the mobile space, with smartphones gaining full computing power and netbooks taking the world by storm. Apple has shaken things up with the iPad, and slates are on the minds of many enthusiasts. Will the Next Big Thing (NBT) in the mobile space come from the phone sector, or the notebook segment or will it be a tablet of some sort? That’s not clear at this point, but I believe that the driver will not be technology, it will be usage driven.

    What I mean by usage driven is the NBT is going to come from creating a new way to do things that people want to do. That may come from online activities, or handling daily tasks or a combination of those. There are already mobile devices that can do everything that people want, whether in a laptop form or with a phone. The trick is going to lie in showing a new way to do these things that blows everything else out of the water. That’s not going to be easy for companies to produce.

    Smartphones of today are full computers that can do many of the things formerly relegated to bigger devices. The processors are fast and platforms have evolved to take advantage of that in the phone space. While phones are often able to do the things people want, the restrictions of the screen size and input mechanisms are not going away. While I agree with Stacey at GigaOM that multiple core processors in phones will make them incredibly powerful, the input/output limitations will prevent them from being able to use that power to its fullest potential. We will see the smartphone continue to evolve, but the NBT will not be a phone due to these limitations.

    Notebooks are evolving at a slower pace than phones, and we’re not seeing new usage scenarios for them. They will continue to dominate the computing space, but improvements will be incremental at best. Netbooks are still selling in good numbers, but we’ve seen just about everything that can be packed into the small budget-friendly form already done. The notebook/netbook will continue to be the primary computers for most folks, but hardly the NBT.

    Slates have gotten new life in the minds of many, but they are not new technology. The iPad has pushed slates to the forefront of the mobile space, and while the form makes it possible to do many things in a more appropriate way, it doesn’t bring anything new to the user. It doesn’t create new uses for consumers like the NBT should do. The iPad is fun and useful, but at its core it is only providing uses that are already provided by other devices. Apple will sell a boatload of iPads, but it’s not the NBT.

    The same is going to hold true for the many slates we are bound to see coming down the pike. They will do many things, and some of them very well, but nothing really new. They will attempt to duplicate the popularity of the iPad, and some may come close, but there won’t be anything truly innovative in this process. The slate will simply be another way to do the things that folks already do.

    It may sound like I am cynical, and perhaps that is true. But I also find it a great time to be a mobile enthusiast, as the advancements in the past few years have been extraordinary. I am itching to see something new come along that will blow me away in sheer usefulness. That’s the primary requirement for the NBT for me — give me a new use that will rock my world.

    The Microsoft Courier concept that has leaked out in videos is the primary candidate for the NBT. This device doesn’t fit into current categories, it is creating something totally new. It is an attempt to bring the day planner of old into the digital age, and that can be huge. It was only a few years ago when seemingly everyone carried one of those paper day planners. I attended countless meetings where the conference table was covered with planners. I used one myself, it was a way to organize my life, keep track of the things important to me and to make sure I didn’t overlook anything significant.

    Smartphones began to take over some of the roles of the day planner, and they started to disappear. But the smartphone, due to the screen limitations mentioned, can’t really replace all of the benefits the day planner provided. This is where the Courier has amazing potential. The videos of the Courier show a day planner that totally integrates the web, the professional life and the social life of the user. It is the glue that binds all of that together, and has the potential to leverage that in a way that can vary as needed for the individual. It is a way to make mobile tech highly personal, and this can be big.

    Where the digital planner (Courier) can make the biggest contribution for the user is through search. The day planner of old suffered from the inability to easily find things as needed, especially those things not in the immediate past. The Courier will not suffer from that disadvantage; it will enable the user to find anything, or more appropriately everything as needed. It will turn the web into a vast fountain of information that when coupled with each user’s personal information, will be the most important tool to come along in a great while.

    So my requirement that the NBT present a new use for the individual is met by the Courier as demonstrated. Keeping all of the stuff that is important to the individual at hand, in an easily accessible way. It is personal by nature, and that can change the way we work. This could be the Next Big Thing.

    Related content on GigaOM Pro (subscription required):

    Hot Topic: Apple’s iPad

  • Michelle Obama meets young Mexican social activists; lessons in passion and patience

    michelle mex 8.JPG (photo by Lynn Sweet)

    MEXICO CITY–First Lady Michelle Obama on Thursday morning hosted a roundtable discussion with a dozen young Mexicans from around the country, each telling their own personal, passionate story about how they are trying to help their communities.

    Mrs. Obama was seated around a long table at the historic La Hacienda de los Morales, a restaurant and event venue dating back to the Spanish here in the 16th century. A U.S. State Department translator perched next to Mrs. Obama translated as the “stories” were told in Spanish. The press was provided simul-cast translations via a woman sitting at a table in a glass booth; transmitted via wireless devices with ear phones.

    Said Mrs. Obama, who seemed taken with the personal stories: There is “power in their voices,” she told the group. The U.S. Embassy in Mexico assembled the panel.

    The don’t need Bill Gates, they don’t need Michelle Obama, Mrs. Obama said in praise.

    Mrs. Obama, who flew from Washington to Haiti on Tuesday in her first solo international swing to tour the destruction from the Jan. 12 earthquake, said her parting thought to young people: learn the virtue of patience.

    “When I went to Haiti, the only thing that happens in an instant is destruction.”

    Mrs. Obama is wrapping up her Mexico stay–she landed her Tuesday night–doing interviews with Telemundo and Univision. From there, her motorcade zips to the airport to fly to San Diego, where she shifts back to her signature domestic program, combating childhood obesity in the California event.

    From East Wing guidance: First Lady Michelle Obama will visit a community farm that is supported by the California Endowment’s Building Healthy Communities Initiative.

    The Building Healthy Communities Initiative is targeting 14 geographically diverse areas across the state with significant, strategic, and sustained investments to transform these underserved communities into healthy communities.

    The First Lady will meet with community farmers and volunteers, tour the garden, and give remarks.


    She is expected to return to Washington Thursday night.

  • Russell Brand Prescribes Heroin For Ailing Music Industry

    Russell Brand suggests that the music industry expose teenyboppers like Justin Bieber and The Jonas Brothers to powerful controlled substances — like heroin, for instance — thereby weeding out the future rock stars who don’t have the moxie to deal with the perils of superstardom through “natural selection.”

    “The top of the hit parade would look very different if teenyboppers were exposed to heroin,” soon-to-be Mr. Katy Perry remarks in the new issue of Rolling Stone. “It would weed a lot of them out. I don’t think Justin Bieber could handle [Pink Floyd member and heavy user] Syd Barrett’s habit . . . A lot of people in their journey to rehab overdose, and then, perhaps, we would be spared their awful music. It’s Darwinian. It’s the law of natural selection.”

    Good to see Russell taking a break from wedding planning and getting back to what he does best: Offend people.

  • Lames: Carlos Lee ruptures oxygen tank, destroys team BAs


    Want to ridicule the Noise for his Billy Butler(notes) obsession or misguided
    projections? Humiliate him in 140 characters or less on Twitter
    .

    It’s fitting in the same week Americans recognized the 40th
    anniversary of the space industry’s most "successful failure"
    mission, Apollo 13, the Houston Astros were faced with an equally daunting
    problem.

    The difference: This year’s deplorable band of Dickie Thon
    All-Stars
    doesn’t have the luxury of consulting rocket scientists to reach a
    resolution. Where’s Glenn Davis’ beautifully parted lip raccoon when you need it most?

    Still winless on the season, the ‘Stros are a Texas-sized
    embarrassment. Dead last in just about every offensive category imaginable and
    identically horrific in pitching, they’re on a fast-track to Chico’s Bail Bonds immortality. With an aging
    lineup, laughable farm system and unreliable pitching outside Roy Oswalt(notes) and
    Wandy Rodriguez(notes), Houston’s
    troubles are glaring. Unsurprisingly, normally dependable options, Hunter
    Pence
    (notes)
    and Carlos Lee(notes) have stumbled out of the gates.

    Lee’s early season swoon in particular is worrisome. That
    is, to the cursory fantasy player. 

    Currently hitting the equivalent weight of one Olsen twin
    (.097), El Caballo appears to be one step away from the glue factory. His
    unsightly strikeout percentage (29.0) and abnormally high volume of fly-outs
    has severely deflated his early season worth. Most remarkable, he’s failed to
    record a line-drive in 31 at-bats. The 33-year-old blames his turbulent start
    on swing flaws. From the Houston
    Chronicle
    :

    "I’m not pressing at all," Lee said. "I think
    that something’s going on mechanically, but I have to keep going because I have
    156 more games and 580 more at-bats."

    Undoubtedly, the absence of Lance Berkman(notes), who is targeting
    an April 20 return
    , hasn’t helped. 

    Before impatient owners start shopping the proven outfielder
    for the white-hot likes of Scott Podsednik(notes), Jorge Cantu(notes) and Vernon Wells(notes), it’s
    imperative to study Lee’s past.

    The three-time All-Star is a textbook consistency king.
    Since 2006, he’s blasted at least 26 homers, driven in 100-plus runs and
    notched a .300 BA every year. Due to his advancing age stolen base production has diminished,
    a typical decline. Still, his stellar contact rates (career 85.3 CT%), RBI-friendly
    spot in the order and steady peripherals suggest a sharp statistical regression
    is unlikely. Keep in mind, Lee is just a career .261 hitter in April and has
    played against squads with superb pitching staffs (St.
    Louis, Philadelphia and San Francisco). Similar
    to Mark Teixiera, he’s a notorious snail out of the gates. Excluding runs and
    steals, the numbers will eventually come.

    Unlike the heroic Apollo 13 crew, the ‘Stros collectively
    won’t be able to avoid disaster. Triple-digit futility is very possible.

    But to
    the thrifty, C-Lee could be a galactic bargain.

    Fearless Forecast
    (full season):
    603 at-bats, .296 BA, 25 HR, 100 RBI, 64 R, 5 SB

    CATEGORY KILLER
    Vampiristic commodity sucking
    the life out of your team owned in more than 75 percent of Yahoo! leagues

    Javier Vazquez(notes), NYY,
    SP (96 percent-owned)
    :  The
    high-priced offseason acquisition has been anything but Senor Smooth in his
    first two starts. In those fruitless endeavors he’s allowed a staggering 12
    runs (9:5 K:BB split) over 11 innings or the same number of runs he yielded in
    the entire month of April last year. Historically, the transition from the NL
    to the AL
    tacks on roughly 0.50-1.00 points to a pitcher’s ERA. In Vazquez’ case it could
    be significantly greater. He has a career 4.59 ERA on the junior circuit.
    Better days are on the horizon, but until he hones his command additional rough
    outings are in the forecast.

    3…2…1…IMPLOSION!
    Widely owned starter
    who will soon maim an innocent Gatorade cooler

    Johan Santana(notes), NYM
    (4/17 at StL, 98 percent-owned):
    Can we mutually agree some of Johan’s ace
    luster has worn off? Erratic in his last start against the Nationals, Santana
    surrendered five runs (3:3 K:BB split) in five innings, taking the loss. The NL
    Central pacesetters boast a deadly lineup. As usual, Pujols is locked in his
    own universe and complementary players Matt Holliday(notes) and Ryan Ludwick(notes) are also
    currently scorching. The Cardinals are averaging 5.5 runs per game. Santana’s
    sinister side revealed itself on the road last season (4.09 ERA). In the Lou,
    Mr. Hyde will again replace Dr. Jekyll.

    SABER SLEUTH
    Uncovering fantasy’s
    lucky bastards one decimal place at a time

    Austin Jackson(notes), Det,
    OF (25 percent-owned)
    : The "action" atop the Tigers’ lineup, Jackson has opened eyes
    over the season’s first two weeks. In eight games, he’s registered four
    multi-hit performances. He’s failed to record a hit in a contest only once.
    Suffice it to say, former Curtis Granderson(notes) supporters have confidently
    switched their allegiance. But despite his stirring start, the former Yankees
    top prospect is a master in the art of deception. His uncomfortable strikeout
    rate (30.6 K%) combined with an inflated BABIP (.440) arrows to a BA downfall.
    Simply, he has the profile of a .260 not a .300 hitter. Jim Leyland loves the
    kid and his 25-30 steals potential is enticing, but a major slump or three seems
    inevitable.

    Images courtesy of US Presswire, MLB.com

  • When diversity is good for disease | Gene Expression

    ResearchBlogging.orgYesterday I pointed to a new paper, Plasmodium vivax clinical malaria is commonly observed in Duffy-negative Malagasy people. P. vivax is the least virulent of the malaria inducing pathogens, and it is presumably responsible for the fact that the Duffy antigen locus is one of the more ancestrally informative ones in the human genome. In most of Eurasia the the Duffy negative null allele* is present at very low frequencies, less than 5%, and often simply absent. In contrast, in Sub-Saharan Africa the Duffy negative variant reaches frequencies as high as 95% in West Africa, and and 90% in many other regions. In North Africa and the Middle East the frequencies are intermediate, likely due to the necessity for local adaptation to malaria in many regions, and the historical introduction of the Duffy negative allele via the slave trade.

    _47495404__47060392_rajoelina_afp-1Before genomics looking at the Duffy locus was one simple way that geneticists ascertained the proportion of white admixture in the African American population. The Duffy negative allele was nearly absent in Europeans, and present in frequencies of ~95% in West Africa. Therefore, the ~70% frequency in African Americans indicates what we know from other sources, a substantial minority European contribution to their ancestry. The people of Madagascar are similar insofar as they are a byproduct of admixture between African and non-African populations. The source of the non-African ancestry is rather easy to determine, unlike most African countries Madagascar has one language, Malagasy, and it is of the Bartio family of languages. Aside from Malagasy the Barito languages are spoke only in a small region of southern Borneo in Indonesia. There are other aspects of the Malagasy culture which make their Southeast Asian provenance clear. The photo above is of Andry Rajoelina, the current President of Madagascar. Two aspects of his visage are salient, his youth (he used to be a disk jockey!), and the fact that his features do not seem typical Sub-Saharan African. Many of the leaders of Madagascar, including the former royal family, are from the highlands where Asiatic features and folkways are more prevalent.

    But there is also a clear African component to the Malagasy, more obvious among coastal populations, but also possibly dominant in a genetic sense in terms of proportion to the Asian according to research using uniparental markers. An analysis of Y lineage Fst genetic distances suggests that the Malagasy are, on the whole, somewhat closer to East Africans than to people from Borneo. I stipulate on the whole because as implied above there seems to be regional variation, which Southeast Asian ancestry and culture least hybridized with a Sub-Saharan African in the central highlands, likely for ecological reasons.

    malagas1If the Duffy negative allele was viewed purely as a neutral locus, and so ancestrally informative, one would assume that the Malagasy were mostly African. In the figure to the left the red tinted portions represent Duffy negative proportions, the green Duffy positive, and the darker shade P. vivax positivity. The green star indicates a site where P. vivax positivity was only found among the Duffy positive, while at the sites with red stars it was found among both antigen state groups. As you can see at none of the sites was the Duffy positive allele modal, and at Andapa the frequency of Duffy negative was typical of much of Sub-Saharan Africa. In the total data set 72% of the individuals were Duffy negative. Going by the previous cited work this would underestimate Asian ancestry, which seems likely to be near parity, if not quite.

    Two points come to mind:

    1) It seems clear that the Duffy locus is not neutral. It is subject to natural selection, as even though the malaria caused by P. vivax is relatively mild, it t does reduce fitness. Natural selection should result in an increase in frequency of the negative allele in regions where malaria caused by P. vivax is endemic. In the American South malaria was not as extreme of a problem, nor does Duffy negative status have a strong side effect (e.g., sickle cell), so it was a neutral locus and appropriate to inform ancestry.

    2) Modern African populations may not be an accurate representation of the allele frequencies of Duffy in the ancestral groups which contributed to the ancestry of the Malagasy. More plainly, the Africans who intermarried with the Barito speakers may have had much higher frequencies of Duffy positive alleles because natural selection had not proceeded so that the null allele was driven to near fixation.

    To assess the plausibility of #2, one needs to know how the Malagasy, or more accurately, the speakers of the Barito language which became Malagasy, got where they are. Unfortunately, no one really knows, and the hypotheses are controversial because of their speculative nature. It seems likely that the Southeast Asian mariners initially arrived in the western Indian ocean region ~2,000 years ago, but widespread settlement of Madagascar’s interior may not have been occurring until ~1,000 years ago. By the 13th century there was a large Muslim city in the north of Madagascar integrated into the Indian ocean trade network, so Madagascar is on the fringes of written history at that point. The anthropological evidence seems to point to a sojourn on the coast of East Africa by Southeast Asians, as there are aspects of Malagasy culture which seem related to Bantu groups in that area. Additionally, there some genetic data which point to an African contribution on the mtDNA from populations further north on the coast, toward Kenya, and Y DNA which suggests a connection with the adjacent region of the continent in Mozambique. A model of how this could occur is that the initial colonists in East Africa picked up local wives along the northern coast, and eventually resettled in Madagascar. After this settlement there were periodic migration of Africans from nearby regions, either voluntary or forced through slavery, which added the later diversity. The fact that this component is male-biased would point to slavery of the sort practiced in the New World, whereby Africans were forced to work in agriculture and male robustness was prized (this is in contrast with much of the Middle East, where female African domestic servants were the primary driver of slavery).

    mapmapOne of the mysterious aspects of the arrival of the Malagasy is that there aren’t records by the literate polities which fringed the Indian ocean of their movements. But why should there be? Open ocean traders were generally marginal to these states, who simply extracted rents from the activities of the merchants and migrants. It seems entirely plausible that many populations have been on the move throughout history, their impact in particular regions slowly being ablated by time. There is one aspect of Africa which makes it entirely plausible that the Barito presence would disappear or be marginal: the local populations seem biologically very well adapted to the pathogens on the continent. It is notable for example that the Arab and Persian cultural influence in East Africa never spread inland beyond the Indian ocean littoral. And yet these groups were present on the East African coast from the time of the Romans on. It seems likely to me that Africa is relatively resistant to “back-migration” from Eurasia on ecological grounds. North Africa is part of the Palearctic ecozone, while the highlands of Ethiopia are also ecologically distinct. Both these regions are strongly shaped genetically by populations with Eurasian connections, in the former case predominantly so, but both they are exceptions which prove the rule.

    The maps to the left show topography and population density respectively. In Madagascar in the highlands Southeast Asians could transfer wet rice agriculture, and also escape the most baleful influences of African diseases (which would naturally be introduced with African populations). It is also where there is the greatest population density. In contrast the coastal regions are more lightly populated and have more African influence. Like South Africa or the Kenyan highlands I believe that Madagascar was one region of Sub-Saharan Africa which was open to the settlement of outsiders who lacked biological defenses because of its ecology. Granted, it seems to have been unsettled before the Malagasy arrived, but if its pathogen environment was equivalent to that of the mainland I suspect that African genes and culture would have replaced the Malagasy component rather rapidly. The Malagasy are just one of many populations which made some sort of great trek. Most of them disappear, get absorbed or become extinct. But in a few rare cases, such as in that of Iberians in the 16th century, or Polynesians 2,000 years ago, and the Malagasy, these travelers encountered territory which they were able to settle easily. And so we have concrete evidence of their past existence, their present existence. You couldn’t plausibly invent the cultural makeup of Madagascar, because our model of history and human population movement is simplified, and all the outliers and rough edges have been hidden or consciously removed.

    Though the highlands of Madagascar allowed the Southeast Asian settlers a refuge for endogenous population growth, which allowed them to perpetuate their culture and leave a stamp on the island, Madagascar is African, and much of the island is clearly suited for malaria. The evolutionary dynamics may be contingent on the peculiarities of the island’s demographic history, but they will still proceed nonetheless. It is noted in these results that though varieties of P. vivax seem to have moved from the Duffy positive to the Duffy negative segment of the population, it is still much more virulent in those who are Duffy positive. There were 15 times as many full blown cases of P. vivax induced malaria (as opposed to positive infection status) among those who were Duffy positive than among those who were negative. Nevertheless, the emergence of strains able to infect Duffy negative blood cells opens up the possibility for more virulent strains in the future which could result in many more cases of full blown malaria within this population.

    Let me jump to the conclusion:

    Our observations in Madagascar showing conclusive evidence that P. vivax is capable of causing blood-stage infection and disease in Duffy-negative people illustrate that in some conditions P. vivax exhibits a capacity for infecting human erythrocytes without the Duffy antigen. The data assembled in this study suggest that conditions needed to clear the barrier of Duffy negativity may include an optimal human admixture. In Madagascar with significant numbers of Duffy-positive people and full susceptibility of hepatocytes in Duffy negatives, P. vivax may have sufficient exposure to Duffynegative erythrocytes, allowing more opportunities for de novo selection or optimization of an otherwise cryptic invasion pathway that nevertheless seems less efficient than the Duffy-dependent pathway.

    There are several issues that I’ve glossed over in this paper, and one of them is that there are other populations which have a mix of negative and positive individuals. Implicitly the American South is one. But malaria is not endemic in most of the South. But in Brazil there is a similar racial mixture, and its climate is conducive to tropical diseases. It seems there are issues with detecting the P. vivax pathogen within blood cells, and so earlier studies as to the possibility of the infection of those who were Duffy negative were often muddled or inconclusive. In this study they established the existence of this group rather clearly, but is it due to the peculiarities of Madagascar’s population mixture and history? True, Brazil also has an admixed population whose Duffy allele frequencies are interchangeable with that of Madagascar, but Brazil has been settled for only the past ~300 years or so, with much of the population being of more recent origin (Brazil had the highest slave attrition rate on the American mainland, which explains the African nature of Afro-Brazilian culture. Many of the slaves were from Africa, or first generation, at emancipation). A lower bound for Madagascar is ~1,000 years, and the coexistence of Barito and African populations is likely closer to ~2,000 years. So the existence of P. vivax lines which can penetrate the negative allele population may be a function of the longer time given to the emergence of adaptive strategies.

    I suspect the fact that there is a component of what ecologists term “patchiness” in the settlement patterns of various populations and ecology in Madagascar might have aided in the persistence of the Duffy positive allele. It seems that in much of the rest of Africa once agriculture became common and the conditions for the mosquito which carries P. vivax improved the Duffy negative allele swept to fixation. At this point the P. vivax infection rates were so low that natural selection became less of an issue (the extant variation was reduced, and only a small proportion of the population would have been subject to selection). It is on marginal areas where fixation did not occur that you’d have the diversity which might allow for the emergence of different P. vivax lineages. Another place to look besides Madagascar would be the margins of Ethiopia, as well as South Africa, where Bantu farmers came up against a very different ecologies and populations which they could not assimilate, or did so only partly.

    * Duffy is really the the antigen itself, so “Duffy negative” means lacking the antigen. But I’m going to use the shorthand Duffy negative to point to the alleles which confer this state, which have names such as FY*A and FY*B. The gene itself is DARC.

    Citation: Ménard D, Barnadas C, Bouchier C, Henry-Halldin C, Gray LR, Ratsimbasoa A, Thonier V, Carod JF, Domarle O, Colin Y, Bertrand O, Picot J, King CL, Grimberg BT, Mercereau-Puijalon O, & Zimmerman PA (2010). Plasmodium vivax clinical malaria is commonly observed in Duffy-negative Malagasy people. Proceedings of the National Academy of Sciences of the United States of America, 107 (13), 5967-71 PMID: 20231434

    Image credit: BBC, Wikipedia

  • SAIC Leaf Concept Detailed

    SAIC Leaf Concept 1

    Do not confuse the Nissan Leaf with this because this concept comes from the Shanghai Automotive Industry Corporation. The original name of the concept vehicle is Ye Zi which means ‘leaf’ and this concept probably gathers energy for mobility from the surrounding environment. Amazingly, the Ye Zi isn’t just a leaf in the name; the concept vehicle is shaped like a leaf too. Interestingly SAIC Leaf isn’t a zero emission vehicle but a negative emission automobile and SAIC will have to explain that bit in detail. The car body is itself made of metal-organic framework that can absorb CO2 and water to generate an electric current and oxygen.



  • Incorporative Statutes and the Borrowed Treaty Rule

    by John F. Coyle

    [John F. Coyle is a Climenko Fellow and Lecturer on Law at Harvard Law School]

    I want to thank Opinio Juris and the Virginia Journal of International Law for the opportunity to discuss my Article, “Incorporative Statutes and the Borrowed Treaty Rule.” I’d also like to express my gratitude to Professor Ingrid Wuerth of Vanderbilt Law School for providing a response to the piece.

    This Article considers the question of how U.S. courts should interpret statutes that incorporate language and concepts derived from international treaties. Over the years, Congress has enacted such “incorporative statutes” in a number of areas, including conservation law, intellectual property law, arbitration law, maritime transport law, immigration law, and criminal law. While courts and scholars have previously examined these statutes on an individual basis, there has been little attention paid to incorporative statutes as a separate class of statutes.

    This relative inattention has given rise to two problems.  The first is that courts called upon to construe incorporative statutes are generally unaware of the ways in which other courts have gone about this task.  It is virtually unheard of, for example, for a court examining an incorporative statute in the intellectual property context to look to how courts have construed an incorporative statute that relates to immigration law, notwithstanding their common animating purpose.  A second cost is a tendency by some scholars to misapprehend the proper scope of the long-standing Charming Betsy canon of statutory construction, which provides that “an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains.”  Specifically, these scholars have advanced a view of the canon that erodes the distinction between incorporative and non-incorporative statutes and directs courts, in effect, to read all ambiguous statutes as though they were incorporative statutes.

    This Article seeks to address both of these problems.  It first looks to a number of sources—including the structure and function of incorporative statutes, common law canons of construction, and the case law of the Supreme Court of the United States—to outline an interpretive framework for reading such statutes.  Under the proposed framework, courts should presume that a statute that incorporates language or concepts from a treaty should be read to conform to its interpretation of the language in the source treaty, regardless of whether the statute is ambiguous.  This presumption may be rebutted only by compelling evidence that Congress intended a different result.  The Article labels this approach “the borrowed treaty rule.”

    The Article then goes on to distinguish the borrowed treaty rule from the Charming Betsy canon.  The view of the Charming Betsy canon that requires courts to construe all ambiguous statutes to conform to international law is misguided, the Article suggests, because it effectively abolishes the important and meaningful distinction between incorporative and non-incorporative statutes.  Unlike their incorporative brethren, non-incorporative statutes are statutes of general application, drafted without an eye to international law.  Courts called upon to interpret such statutes have no way of knowing whether Congress, had it foreseen the conflict between the statute and international law, would have chosen to redraft the statute to conform it to international law.  Moreover, none of the rationales underlying the borrowed treaty rule support its application to non-incorporative statutes.  In light of these and other differences, the proposition that courts should read ambiguous non-incorporative statutes in precisely the same way as incorporative statutes is untenable.  The Article proposes that whereas statutes that incorporate written international law should be read to conform to that law (in accordance with the borrowed treaty rule), ambiguous non-incorporative statutes should be read merely so as not to conflict with it (in accordance with the Charming Betsy canon, properly understood).

  • Polícia usa roupa de Coelho da Páscoa para realizar operações nas ruas


    Uma coisa interessante que acontece em outros países como os EUA é que uma autoridade não precisa estar vestida a caráter para impor respeito sobre a população. Imagino o que aconteceria se pessoas representando a autoridade na cidade usassem fantasias bizarras para fazer seu trabalho, como uma roupa de Coelho da Páscoa.

    Foi o que aconteceu em Glendale, Califórnia, onde em certo dia um homem se vestiu de coelho marrom e começou a andar fora da faixa de pedestres. Interessante é que os motoristas pareceram não se importar com o louco fantasiado no meio da rua.

    O homem que quis pagar esse mico foi o policial Tom Broadway, que participou de uma operação de conscientização aos motoristas sobre segurança no volante. Cerca de 24 motoristas foram advertidos pelo Coelho da Páscoa que não levaram a sério o negócio e não deram atenção à chamada do orelhudo. Um motorista diz que ficou muito confuso porque o coelho pulou na frente do seu carro.

    O tenente Gary Montecuollo diz que o objetivo dessa ação era lembrar da segurança dos pedestres nas ruas: “Nós não estamos aqui para criar infrações. Francamente, nós ficaríamos felizes se todos tivessem parado. A idéia foi a de gerar conhecimento da segurança dos pedestres”.

    Via | Top Speed


  • RIAA/MPAA Want Government-Mandated Spyware That Deletes ‘Infringing’ Content Automatically [Bad Ideas]

    The RIAA and MPAA have submitted a plan to the Office of Intellectual Property Enforcement. It’s basically a plan that they want the government to enact, and it’s terrifying. More »







  • How To Make Bacon Fat Popcorn

    With the bacon craze finally starting to lose a little momentum, we thought it was time to remind you of one more way you can put a little piggy goodness into your day. Although the act of cooking popcorn in bacon fat is far older than we are, it isn’t a common practice anymore in most homes. This method of cooking gives those light and fluffy kernels a little something extra and we dare you not to eat the entire bowl.

    Read Full Post


  • Beijing Preview: BMW adding all-wheel drive to Gran Turismo line

    Filed under: , , , , ,

    BMW 5-Series xDrive Gran Turismo – Click above for high-res image gallery

    BMW has just announced that its 5-Series Gran Turismo will soon be available with the company’s xDrive all-wheel drive system. The Bavarian automaker plans to show off the new running gear at the Beijing Motor Show at the end of this month. Eventually, you’ll be able to order the xDrive option with any engine combination your heart so desires.

    Starting in June, European buyers will have a shot at the 550i xDrive Gran Turismo and the 530d xDrive Gran Turismo. Shortly thereafter, in September, the 535i xDrive Gran Turismo and the 535d xDrive Gran Turismo will follow suit. BMW has also announced that its diesel-powered 740d sedan will receive available xDrive, but that particular model is confined to markets outside of North America, and it’s likely to stay that way.

    From where we sit, the all-wheel drive option will likely appeal to American buyers. As a population, we just can’t seem to give up habits instilled by the SUV era, including the notion that you can’t go anywhere without all four-wheels pulling. So far, BMW hasn’t said exactly how much specifying xDrive will add to the Gran Turismo’s price tag, or when such models will come to the North America. Judging by the company’s current price structure, we’re guessing the new models will check in at around $3,000 over the rear-wheel drive variants. Check out our high-res gallery below and the official press release after the jump

    [Source: BMW]

    Continue reading Beijing Preview: BMW adding all-wheel drive to Gran Turismo line

    Beijing Preview: BMW adding all-wheel drive to Gran Turismo line originally appeared on Autoblog on Thu, 15 Apr 2010 10:00:00 EST. Please see our terms for use of feeds.

    Permalink | Email this | Comments

  • MEDIA ADVISORY: A Call for Environmental Courts

    WHAT: A Call for Environmental Courts:
    Judges, Public Confidence, Expertise, and Visibility

    WHEN: Monday, April 19th 2010
    3 pm to 4:15 pm EST
    Cocktail Reception: 4:15 to 5 pm EST

    WHERE: World Resources Institute is located at 10 G Street, NE, #800, Washington, DC 20002 (Union Station Metro)

    LIVE WEBCAST: http://www.accessinitiative.org/resource/greening-justice
    Send questions during Webcast to Mkerdeman@wri.org titled “Greening Justice question”

    WHO:

    RSVP: Online at: http://community.wri.org/NetCommunity/greening-justice
    or by responding to this message at pmackie@wri.org


    It is often said that justice delayed is justice denied. Environmental courts and tribunals (ECTs) have been proposed as a quick, easy, and cheap solution to the challenges of access to justice in environmental conflicts. But under what conditions do ECTs meet these expectations?

    Join us in a lively debate on the creation of and effectiveness of environmental courts and tribunals around the world. Learn why environmental courts may be critical to providing access to environmental justice for all.

    This in-depth study was published by The Access Initiative (TAI), the largest civil society network dedicated to ensuring that communities have a voice in decisions concerning their natural resources. TAI partners have worked hard in over 45 countries to identify gaps in laws, institutions, practices, and tools for removing barriers to access to justice in environmental matters.

    For nearly a decade, World Resources Institute has been privileged and proud to serve as the Global Secretariat of TAI.

  • Lt. Gen. Alexander Commits CYBERCOM to Transparency in Untransparent Way

    A surreal moment in Lt. Gen. Keith Alexander’s confirmation hearing to become the first U.S. Cyber Command chief: Sen. Mark Udall (D-Colo.) noted that almost “all” substantive answers Alexander provided the Senate Armed Services Committee for how Cyber Command will operate and how it will work with the National Security Agency are classified. Could the general maybe make more information public?

    “Transparency is important,” Alexander said, and pointed to how as NSA director he created a directorate for legal compliance — his tenure, of course, came in the wake of the Bush administration’s NSA-based warrantless surveillance program, which a federal judge recently ruled was riddled with illegality — and he would carry that effort over to CYBERCOM. “We take an oath to the Constitution,” Alexander said, and Udall moved on.

    So the short answer to Udall’s question was … no.

  • Volcanic Eruption in Iceland Causes Floods, Shuts Down European Air Travel | 80beats

    EyjafjallajökullDon’t be fooled by the name—Iceland is one of the hottest hotspots in the world, geologically speaking. The island’s volcanic legacy reared its head again yesterday as a massive eruption by a volcano beneath a glacier caused the evacuation of hundreds of residents and created ash clouds that delayed flights all around Northern Europe.

    The volcano, called Eyjafjallajokull, rumbled last month, but that was nothing like this. “This is a very much more violent eruption, because it’s interacting with ice and water,” said Andy Russell, an expert in glacial flooding at the University of Newcastle in northern England. “It becomes much more explosive, instead of a nice lava flow oozing out of the ground” [AP]. The flood caused by melted glacial ice caused the evacuation about 800 people. Waters threatened to spill over onto Highway 1, Iceland’s main highway that makes a circuit around the island. But some quick digging by construction crews altered the course of the water.

    The huge cloud of ash meandered to the south and east toward the United Kingdom, and probably will move over mainland Europe before it finally dissipates. As a precaution, yesterday British aviation authorities totally closed the nation’s airspace. The move effectively grounded all flights in Britain from 11 a.m. local time and affected an estimated 6,000 flights that use British airspace every day, aviation experts said. Oddly, for travelers, the closing was announced under clear blue skies [The New York Times]. The altitude of the ash cloud made it difficult to see from the ground.

    The main aviation risk posed by the ash cloud wasn’t that it would interfere with visibility, experts say, but rather that the fine silicate particles can seriously damage airplane engines. The particles can clog ventilation holes, causing the jet engines to overheat. Says vulcanologist David Rothery: “Air traffic restrictions have very properly been applied…. If volcanic ash particles are ingested into a jet engine, they accumulate and clog the engines with molten glass” [BBC News].

    Iceland_RidgeDespite the flight cancellations, scientists tried to assure people in Britain that the ash wasn’t heavy enough to be a public health concern. In fact, it’s nothing compared to the worst eruptions to happen in Iceland, according to vulcanologist Dougal Jerram. “One of the most influential ever eruptions was the 1783-1784 event at Laki in Iceland when an estimated 120 million tonnes of sulphur dioxide were emitted, approximately equivalent to three times the total annual European industrial output in 2006. This outpouring of sulphur dioxide during unusual weather conditions caused a thick haze to spread across Western Europe, resulting in many thousands of deaths throughout 1783 and the winter of 1784″ [BBC News].

    The danger this time around is that Eyjafjallajokull will trigger an eruption of its more powerful neighbor, Katla. That happened back in 1821.

    Related Content:
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    80beats: Three Miles Down in the Carribean, the Deepest Volcanic Vents Ever Seen
    80beats: Volcanoes on Venus Could Be Alive and Ready To Erupt
    80beats: Congo Volcanic Eruption Threatens To Surround Native Chimps with Lava

    Image: Wikimedia Commons / Chris 73; USGS