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Muscular Dystrophy is Just Part of Their Lives - The Markell Family - Our Special Life

From CafeMomStudios

Sophie has a rare form of muscular dystrophy called Emery-Dreifuss. She is celebrating her 13th Birthday and is Vice President of her student council! She has incredible control over her feet and is able to paint and play computer and Wii games with her right foot.

Source: http://mtdiablosped.blogspot.com/2012/11/muscular-dystrophy-is-just-part-of.html

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The Legal Infrastructure of Business: Empty Bottle

Background

The Associated Press reported on Monday that brewer Anheuser-Busch asked Paramount Pictures Corp. to either blur or take out?its Budweiser logo from the new film ?Flight?.? In the movie, Denzel Washington?s character is a high-functioning alcoholic who miraculously lands a crashing plane while under the influence of alcohol.? Denzel?s character is seen drinking Budweiser throughout the film.? Anheuser-Busch is upset with this association and is?worried about the negative advertising effects.? Rob McCarthy, VP of Budweiser is quoted as saying, ?We would never condone the misuse of our products, and have a long history of promoting responsible drinking and preventing drunk driving.?

Anheuser-Busch has asked Paramount to remove its Budweiser label from all current digital copies as well as all future adaptations of the film.? This request brings about the potential for a lawsuit.? Trademark lawsuits much like this have been seen in the past; however, courts typically side with the studios in cases like these.? In 2003, Paramount won a case against the makers of ?Slip ?N Slide?.? The movie "Flight" also shows several other brands of alcohol consumed throught the film.

It is believed that the current trend of product placement, where a company pays a production company to use its product, has companies who are owners of trademarks confused.? Trademark laws do not grant control to companies of the use of their products in films or television. In fact, the use of trademarked products is protected under several limitations including federal ?fair use? laws. In order to win a suit brought against Paramount, Anheuser-Busch would have to prove two things.? First, it would have to prove that the use of the product in the film was authorized and second that the audience associated the product with the film ?Flight? and the alcoholic character.

Thoughts

This story is of particular interest due to the noticeable increase of product placement in films.? Most times, companies secure lucrative deals with studios in order to feature their products.? If featured positively, the product gets good association and advertising. In fact, some television shows even go to the extreme of obscuring the image of some products in their shows because the company has not paid them to use the product in their show.

In cases where the company pays the studio, the company should be protected under the law to not have its trademarked product negatively represented.? The exchange of money is an implied-in-fact contract and obligates the studio to perform. The more difficult question to answer is when no implied-in-fact contract comes into play.?

By definition, an owner of a trademark may initiate legal proceedings for trademark infringement.? Trademark infringement can occur when a second party misuses or misrepresents what the trademarked product intends.? However, as mentioned above the company (Paramount Pictures in this case) using the trademarked product is protected under the ?fair use? defense.? ?Fair use? is affirmed when the defendant is using the trademark to accurately depict the uses of its product or when the defendant is using the trademark to identify the owner.? The truth is that Budweiser beer can be consumed by alcoholics.? I believe that Paramount is protected here under "fair use".

This story provides the other side of the Tim Tebow article on trademarks posted earlier.? It brings up the point, aside from what he trademarked, that non-owners of trademarks are protected under several limits and defenses to claims of infringement. It turns out, perhaps?more people will be able to Tebow than we thought, be it good or bad news.

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Sources:

http://newsfeed.time.com/2012/11/07/budweiser-wants-to-be-removed-from-paramounts-flight/

http://ca.movies.yahoo.com/blogs/wide-screen/flight-budweider-product-placement-gone-wrong-200352757.html

http://bigstory.ap.org/article/apnewsbreak-budweiser-seeks-removal-flight

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Source: http://picker.typepad.com/legalinfrastructure/2012/11/empty-bottle.html

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As New Jersey Votes by Email, Security Questions Linger

Email and Information Security Trends 2012

During a lull at the polls on Tuesday, where I was handing out blank ballots to voters, the discussion of voting by email came up. The reason was logical: A college woman came into our polling station distraught because she wanted to make it home to vote in person, but a tree fell onto her parents? home during Superstorm Sandy. Even if she did go home, there was no place for her to stay and she wasn?t even sure where she?d be voting. It was too late for an absentee ballot and was there anything else she could do? Would she be allowed to vote by email like they could across the river from her home, in New Jersey?

We tried to help the young woman ? I have no idea if she was ever able to vote ? but it did spur the conversation of whether or not we should be able to vote by email. While everyone else in the room said yes, I was wary. I don?t trust the security, I said. All you need to do is take a look at the news this year and see the number of government entities that have been hacked into or had major security failures. I?m not sure how secure my vote would be. And that doesn?t include the phishing scams that could lead to malware or even to the concerns over computerized voting in polling places or the fraud in creating fake email addresses or the countless other security matters.

According to a Washington Post story, experts share my concerns:

Charles Stewart, a professor of political science at MIT and co-director of the Caltech-MIT voting technology project, said security is a concern. If the military and major banks have been hacked into, e-mail servers for New Jersey can easily be hit with denial of service attacks.

Stewart?s concerns are echoed by Andrew Appel, a Princeton University computer science professor, who was quoted by USA Today:

Internet voting is inherently insecure ? and e-mail voting is the most insecure form of Internet voting. It's quite easy to fake an e-mail return address. E-mail voting is completely untrustworthy and insecure unless it's backed up by a paper ballot signed by the voter.

Email voting is used by 30 states, including New Jersey, primarily for overseas residents and deployed military. New Jersey normally requires a paper backup to validate the vote sent electronically from overseas, and some experts believe that having a paper backup makes the vote more secure. However, the paper ballot is being bypassed during this unusual time, putting the issue of email voting security front and center in major media outlets.

I bring up this issue after the elections because email security is more than a voting-related issue. Email security should be a commonplace discussion, and not only government, but businesses and other organizations should be regularly exploring ways to make email more secure. We should encourage this current discussion to continue, especially as the holiday shopping season approaches and the tips and advice on how to stay safe on Cyber Monday hit my inbox. Email security is a problem every day, not just on special occasions.

Source: http://www.itbusinessedge.com/blogs/data-security/as-new-jersey-votes-by-email-security-questions-linger.html

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Observatory: The Trick to the Archer Fish?s Powerful Attack

To capture their prey ? a spider or insect, often sitting on branches above the water ? archer fish spit out a powerful jet of water. The jet knocks the prey off and the fish race to capture their dinner.

?When the jet hits a solid surface you can hear a loud knock that?s very impressive because the fish are very small,? said Alberto Vailati, a physicist at the University of Milan.

Just how the fish generate a stream of water powerful enough to detach prey from vegetation has been a mystery. Now Dr. Vailati and his colleagues say the fish are able to modulate the velocity of the water coming out of their mouths. They increase the velocity over time and the water builds up as it is spit out in a continuous stream.

?You have this drop of water that progressively increases in size over time, and gets inflated,? Dr. Vailati said.

This large drop of water is then able to hit and knock down prey with incredible force.

Dr. Vailati and his colleagues studied the fish, which are found in South and Southeast Asia, Australia and Polynesia, with a high-speed video camera. Previously, researchers had speculated that archer fish had some sort of special muscle in the mouth to enable the powerful jet of water. That hypothesis was disproved.

The technique used by the fish resembles something called water jet cutting, Dr. Vailati said, in which jets of water cut through metal. He and his colleagues report their findings in the current issue of the journal PLoS One.

Source: http://www.nytimes.com/2012/10/30/science/the-technique-behind-an-archer-fishs-powerful-attack.html?partner=rss&emc=rss

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'Suits,' 'White Collar,' 'Necessary Roughness' Get January Return Dates

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The science of Halloween's scariest creatures

Ooooowwwoooo! Werewolves, zombies and good old-fashioned ghosts may pop out of the crypt tonight, but Halloween's creepiest staples didn't just appear out of thin air. Many of them once instilled real fear in medieval towns, when folklore reigned supreme and getting freaked out came easy.

Here are some real science and history tales of the scary stars of Oct. 31.

1. Jack-o'-lanterns
A standout among freaks and monsters, the nutritious pumpkin may be Halloween's most famous symbol. The practice of carving and lighting the gourd is a Celtic custom brought to America by Irish immigrants, who used the more-plentiful turnip back home. Glowing, frightening faces emanating from the pumpkins were meant to frighten off the evil spirits thought to roam the streets on Oct. 31, the Celtic New Year's Eve. [In Images: Peculiar Halloween Pumpkins]

2. Bats
They're blind, they hang out in caves and they inspire masked crusaders. But how did bats become associated with Halloween? The winged mammals can thank vampires for that. Like their Draculian counterparts, a small number of bat species actually subsist on animal blood ? vampire bats have been known to attack humans on occasion ? using sharp teeth to cut into the sleeping victim. Their nocturnal ways frightful appearances probably don't help either.

3. Gargoyles
They're one way to add a little freaky je ne sais quoi to otherwise lovely architecture. But gargoyles, those frightening stone monsters protruding from cathedrals worldwide, do actually have a function. They were incorporated into gothic stonework as early as the 13th century to keep rain water off cathedral roofs, their mouths serving as the ejector spout. More spiritually, gargoyles were supposed to protect the congregation from the ever-present evil forces lurking outside. Killing two birds with one stone, so to speak.

1. Science news from NBCNews.com

   1. Scientists foresaw storm's flood ? but now what?

      Science editor Alan Boyle's blog: Researchers have issued warnings for years that the New York metro area was susceptible to a catastrophic storm surge, but they don't feel any better about it now that they've been proven right.

   2. Storm kills legions of NYU lab mice
   3. Subway rats may flood NYC streets
   4. The science of Halloween's scariest creatures

4. Goblins
Made famous in fairy tales, the small and furry goblin is more mischievous than menacing. Legend tells of goblins hiding out in forests, pulling pranks and sometimes switching human babies for their own changeling spawn. Unlike some of the other creatures mentioned here and probably because of their disconnect from religion, goblins never quite crossed the threshold from the imaginary to cause real panic in medieval towns. [ 10 Beasts and Dragons: How Reality Made Myth ]

5. Witches
Forget the pointy black hat and warty nose. Those popular associations are relatively recent compared with the long and often tragic history of witches across the globe. In the past, witches were thought to possess magical powers connected with the natural world. Like all pagans, they were demonized as heretics by the Christian church, a hunt that reached its apex in medieval Europe and 17th-century America. Good luck picking them out of a crowd today: Witch costumes frequently top the list at Halloween.

6. Zombies
Kings of the B-movie industry, zombies are individuals who've either had their souls sucked from their bodies or been revived from the dead through black magic. Zombie culture stems from the voodoo religion of Haiti, where it is still believed that people can fall into mindless trances just like the walking dead we've seen on film (minus the missing limbs and snacking on human flesh). An ethnobotanist investigating the claims in Haiti found a toxic drug that could actually induce a zombie-style catatonic state.

7. Ghosts
Poke two eyeholes into a bed sheet and you've got the easiest Halloween costume around. Becoming a real ghost is a bit more complicated. First you have to die, maybe tragically, then leave part of your soul hanging around Earth to spook relatives and haunt houses. From a supposedly scientific angle, parapsychologists argue that energy ? including what's in the body ? can never be completely destroyed. Society seems to agree: Various studies peg belief in ghosts at about 50 percent.

8. Werewolves
Typically normal and well-mannered until a full moon kicks in, werewolves are cursed shape-shifters that have appeared in the legend set of nearly every culture going back to ancient Greece. Like witches, they were hunted in medieval times and blamed for community murders that couldn't be explained otherwise. Though the violent werewolf stories of old seem to have fallen off the radar, except in Hollywood, there remains an excessive body-hair disorder lovingly nicknamed "the werewolf disease."

9. Vampires
They vant to suck your blood, and have for quite some time. Vampires have popped up in cultural folklore for thousands of years, though the fanged-and-coiffed version we know comes from the 18th- and 19th-century myths of Eastern Europe. There, it was believed that someone who was born with deformities or died an irregular death could, after burial, rise again to terrorize the living. Vampires were considered "undead" and needed to feast on human blood to remain so.

More substantial, remains of a woman with a brick shoved in her mouth (possibly to exorcise the corpse), lying in a 16th-century grave of plague victims in Italy, may be the first vampire burial known to archaeology. More recent research, however, questions the interpretation, suggesting the brick accidentally fell into the skull.

10. Demons
One of those all-encompassing terms for an "evil spirit," a demon can represent anything from a malevolent ghost or fallen angel to a puppet of Satan. Like the notion of evil itself, they have ancient origins and appear in folklore and literature across the world. The demon that possessed Linda Blair in "The Exorcist" is probably pop culture's most famous and most talented, with levitation capability, rotating head and amazing, lifelike spewing action!

Follow LiveScience on Twitter @livescience. We're also on Facebook? and Google+.

? 2012 LiveScience.com. All rights reserved.

Source: http://www.msnbc.msn.com/id/49630340/ns/technology_and_science-science/

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Cardio Teams Up With Pilates at For a Hot Body at Reform Chicago ...

By Traci D Mitchell, Wednesday at 7:51 pm

Pilates is good for your body, we all know that. Some people swear by it, and then others complement their pilates?class with cardio?workouts on alternate days. If you love pilates?and get benefits out of cardio,?then you'll love?Reform Chicago, the city's first?dynamic?pilates?studio, located on the lower level of 233 W. Huron until this Sunday! ?The studio is moving across the street to 222 W. Huron on Monday, October 22nd.

Reform Chicago Instructors

I stopped in to take a group class taught by Nik Rodriguez...mostly because?he?was the instructor. Wait, that came out all wrong! I've taken my fair share of?pilates?classes. Most of the instructors have been retired dancers or lifelong?pilates?practitioners who value the tremendous body benefits. Nik, on the other hand, is a former collegiate football player hailing from Notre Dame. ?A former Division I football player teaching?pilates? Yup. I'd met Nik earlier, and he described Reform Pilates as a studio that combines elements of?pilates?with traditional strength and?cardio-based?movements that push heart rates while creating long, lean muscles.

Classes are 55 minutes and done entirely on reformers. With eight reformers available, and class filled, I felt like there was a good energy in the studio, but not so overwhelming that I couldn't get a little direction if I needed it. Owner, Corinne Clifton, was inspired to open this style of pilates?studio while living abroad in London. Clifton mentioned that she fell in love with the fusion style of pilates?and wanted to bring it back to Chicago. Clifton mentioned there is no reason someone has to do just pilates?on a reformer, so each of the classes incorporate moves that you'd find someone doing in a gym with machines while on a reformer. The classes flow straight through without any breaks. Nik moved all eight of us through class with ease, strengthening, lengthening, twisting, lunging and squeezing every minute of the way.

No need to be intimidated! Reform offers two levels of classes for beginners and advanced?students. ?Register at Reform today and get your first class free. For more information about location, schedule or pricing, give Reform a call at 312-255-1965.

Traci D Mitchell is a Chicago-based health and fitness writer and spokesperson. She's on-the-go everywhere trying out new and healthy things with a Chicago appeal. You can reach Traci through ChicagoNow or www.tracidmitchell.com.

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Source: http://www.chicagonow.com/get-fit-chicago/2012/10/cardio-teams-up-with-pilates-at-for-a-hot-body-at-reform-chicago/

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