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Category Archive : Legal Law

Intellectual property issues within the supply chain

Intellectual property rights (IPR) are of paramount importance in today’s capital markets. They not only provide protection for innovations that have been developed, but now offer revenue-generating opportunities for proactive companies looking to license or sell their products in new markets.

Unfortunately, there is an overlooked aspect of DPI. This is the impact on a company’s supply chain. Specifically, what happens if a third party hits you with an infringement claim for technology found in a component supplied by a vendor? Or what happens if a supplier goes out of business or decides to exit a line of business that makes a key part of their product? Will your business be affected by someone else’s decision?

Let’s take a look at how to mitigate the risks associated with those scenarios so you can keep selling your products.

Build to Spec vs. build to print

First, some definitions that you should already know, but are worth refreshing. “Build to spec” is when a company literally instructs a supplier to build something of a certain size and with specific operating parameters. The degree to which the component is specified may vary, but ultimately the supplier is free to use its own design experience and manufacturing know-how to produce the parts it supplies to you. The benefit is that the supplier retains responsibility for the design and quality of the part, which can reduce your overhead as you are not required to maintain in-house expertise in a subject area that is not a core competency for your company. . . The ultimate drawback is that the vendor owns the intellectual property rights to that part, which may be a key component of their product. More on the impact of this later.

“Build to print” is when a company not only specifies the functional requirements of the part, but produces assembly drawings, work instructions, and mentions specific manufacturing practices that will be used in the production of the parts. This method requires more development work and cost on the company’s part, but the advantage lies in maintaining control of the intellectual property rights and having the ability to select any appropriate supplier to produce parts for you. This approach is more expensive since you are likely to be responsible for quality and design liability issues. However, if you have subject matter expertise, it is always better from an IPR perspective to design “in-house”. This approach also facilitates the subsequent vertical integration of your business.

Authorization Search / Non-Infringement Assessment

When introducing a new product, seeking patent clearance is an essential part of business risk mitigation. A clear path to non-infringement of existing patents and applications provides confidence to launch your new ideas.

While most companies work with their legal counsel to ensure their own intellectual property position is secured and they are free to operate, most do not consider risk mitigation needs within their vendor base.

All companies must work with their suppliers to ensure that there is a clear path to non-infringement. Otherwise, the company may be subject to a direct or contributory infringement claim as a result of a problem with a supplier-supplied component.

These claims can damage the company’s brand and reputation and could even result in monetary damages to third parties, even if the infringement was on the part of the provider.

There is a way to mitigate this risk, but there is more to it than just asking for compensation. Protocols such as patent clearance search and non-infringement screening by your vendors should be mandated as part of the qualification process.

Beware of someone telling you that they have researched the intellectual property rights of others and that it “doesn’t matter” or “won’t be a problem” without sufficient supporting material.

Indemnity Clauses in Supply Contracts

Beyond requiring a patent clearance search to be completed for supplier-supplied parts, as a purchaser/licensee, you should require explicit language in supply agreements to cover indemnification from third-party infringement claims.

“The use of [product] by [the buyer/licensee] will not infringe or violate in any other way the industrial or intellectual property rights of any third party of which [the seller/licensor] is aware If any third party claims that [the buyer’s/licensee’s] practice of Rights Licensed under [the Supply Agreement]either resulting from explicit knowledge [the buyer/licensee] had or should have had with reasonable due diligence, constitutes an infringement or misappropriation of the industrial or intellectual property rights of that party, [the seller/licensor] shall, in accordance with this article, defend, indemnify and retain [the buyer/licensee] harmless against any and all such claims”.

A request for the licensor to take out insurance in respect of this matter may also be inserted into the supply contract, depending on how much bargaining power the buyer retains. In addition, most supply agreements provide a user license to the purchaser, which is typically transferable to the end user for OEMs and system integrators. Therefore, your customers should rest assured that they will not be subject to a “suspension of use” court order as a result of purchasing your product.

However, this compensation requires the additional work of licensing the patent. The language used above requires that you have explicit knowledge or should have known about third party patents. At a minimum, the above language helps mitigate any claims of gross negligence, but if a patent clearance initiative is not pursued, your company may still be subject to misconduct and damages. This misconduct would not be covered by compensation, so mitigating this risk requires appropriate steps in the vendor qualification process.

It should be the seller’s responsibility to convince you that the product they offer for sale does not infringe the intellectual property rights of a third party. Additionally, he may be made aware of certain patents as a result of his own product approval seeking or landscaping efforts. You should ensure that you maintain a catalog or “watch list” of patents that refer to sub-component elements that are sourced from vendors. This watch list should be communicated to the supplier during the qualification process to give them the opportunity to address these issues if they have not already done so.

When conducting the patent clearance search, the provider should have legal opinions from their attorney if necessary to demonstrate a position of non-infringement or a reasonably comprehensive approach to invalidation. Like your own efforts, those opinions must address 1) literal infringement, 2) infringement through the doctrine of equivalents, 3) prosecution history and/or file wrapper impediment, 4) conduct unfair and 5) the means for invalidation (if necessary).

Second source: another possible impediment of intellectual property rights

For manufacturers that have “built to spec” rather than “built to print” parts, another problem arises when it comes to second source and replacement parts.

Imagine a scenario where one of your suppliers provides you with a key component of your product, but then discovers a quality issue that leads to a mass recall of that part. The PR and financial cost of a lengthy warranty claim can put them out of business, but it can also hurt your business if you’ve sold numerous units of your own product and there’s no way to repair/replace supplier-supplied parts.

If you have something built to spec, then you should have a clause in your supply agreements that refers to your ability to take the supplier’s drawings, manuals, and manufacturing know-how to a second source in the event that they cannot or choose to do so. does not provide you with a sufficient supply of parts for use or replacement in your product(s).

Also, the more you specify the parts to be supplied, the more control you have over supply scenarios. If you have more than one supplier of a part and these parts are not “interchangeable” then the question of risk exposure should be asked if one of those suppliers is unable or unwilling to supply you for whatever reason.

Taking precautions to protect your company when it comes to counterparty intellectual property rights isn’t just a good idea…it’s a must!

Making sense of the Indonesian legal system

In terms of the legal system in Indonesia, the three most widely used services in the legal profession are notaries (notaris), lawyers (pengacara) and legal advisers (konsultan hukum).

A notary is required to have a law degree (SH), a master’s degree in notary law followed by business formation and ethics courses, and one year of practical training with a licensed notary. Licenses to practice are issued by the Ministry of Justice. Notaries generally provide legal advice, handle civil and commercial agreements/contracts, leases, deeds, and company formation. Many notaries also have PPAT licenses issued by the Ministry of Lands which qualifies them to process title transfers of ownership.

A lawyer is required to have an “SH” law degree followed by a defense training course and a period of practical training at a registered law office. Licenses to practice “SK” are issued by the regional High Court. Lawyers typically provide general legal advice, handle criminal cases, breach of contract, immigration issues, litigation, and representation in court.

The most common mistake I see investors make when seeking professional legal advice is that they often go to a lawyer when they should hire a notary, and vice versa. This is especially common with those of us from an Anglo-Saxon system where the role of a notary public is to witness signatures and they are not required to have any legal knowledge, often being the local postman, hotel manager or publican. In the Indonesian system, a notary is the most qualified legal professional and the only one who can execute business contracts on behalf of clients. Making the wrong choice won’t be fatal, as you’ll probably end up in the right office eventually, but you could waste precious time and money in the process.

Another misunderstanding occurs when foreigners are led to believe that a person with an SH is a qualified lawyer or notary. SH means the person has a law degree and this does not qualify them to practice law, any more than it would in Western countries. Compounding this confusion, there are many dubious institutions giving SH qualifications in Indonesia, just as there are dubious over-the-counter qualifications available in western countries or online these days.

Before engaging the services of a lawyer or notary, it is good practice to ask them to show you their SK license. I guarantee they will be happy to show their qualifications as both titles are considered to be high positions in Indonesian society where only a small percentage get third level education. If they are reluctant or hesitant to present their credentials to you, think again before hiring them.

Try to find a lawyer or notary who speaks your language at a level that you can understand. Going through your local friend whose English is “not so good” can be expensive when it comes to legal documents. Leaving your notary’s office “thinking” he knows what he agreed to/signed is a recipe for disaster. Get all documents officially translated before you sign them.

The third category that you are likely to find in the legal profession is that of legal consultants/advisors (Konsultan Hukum). These businesses are often owned by professionals with connections to well-qualified lawyers, notaries, and government officials. They usually provide a set of services such as organizing notaries and lawyers as needed, translations, licences, permits, visas, etc. They can be useful if you are not sure if you can deal with the various offices yourself and want to save time, as they usually have a network of professionals to handle common transactions.

It is common to find legal consultants who combine their services with business and investment advice. For example, they may act as advisors for investment or development projects and also manage relationships with government departments and local community leaders. Finding a consultant you feel comfortable with should involve visiting a few companies that already provide the range of services you need, and negotiating a fixed price for the service before signing up. Again, find a consultant who speaks your language at a proficient level, and remember that consultants are only as good as the connections and professionals they employ; so don’t be afraid to ask about the qualifications of the experts they use.

In general, moving to or doing business in another country is never an easy process, even when dealing with similar cultures, languages, and legal systems. However, when you add different languages, laws, and traditions, it becomes much more challenging. Therefore, one has to be disciplined and methodical and exercise careful judgment every step of the way. Some helpful general guidelines to keep in mind:

Professional advice is relatively cheap in Indonesia; check qualifications and background and hire the best.

If you are buying property, have professional due diligence carried out; For example, you don’t want a 30-year lease on your house with only a 15-year lease on access.

Be insightful: Don’t always take things at face value and get a second opinion.

Start by opening your own bank account; get your own safe deposit box at the bank; and save all your own important documents.

Hire a professional or consultant who offers independent advice. Using the same broker you are buying the property from to arrange your legal issues and permits can be convenient at the time, but it can also leave you very vulnerable later if you made a bad decision to begin with.

Doing things legally in Indonesia is not as difficult as many would have you believe. Essentially, by employing a similar level of caution as you would at home and by avoiding some of the major pitfalls discussed above, you can ensure that the transition to your new home, business, or life is as smooth as possible.

Then you can get down to the real business: enjoying life in Bali.

By Daniel O’Leary

Secrets of the Freemasons

The construction of Rosslyn Chapel, located north of Edinburgh in Scotland, was started in about 1446 by William Sinclair, who was reputed to have been a Knight Templar who was probably involved in a war in the Holy Land. While none of those facts have been confirmed, the chapel he built is filled with stone images that, when viewed as a whole, leave the clear impression that the site is religious. However, it is definitely not a Christian site and does not easily fit into any current known religious motif. It is, in a word, a unique and revealing testimony that the architect was very involved in initiation mysteries.

One of the carved stone images inside the chapel symbolizes a Green Man, which in certain religious studies has been associated with so-called pagan religions. After careful study of those images, it seems more likely that the Green Man is consistent with a more Masonic interpretation of the Deity than any other religion or philosophy. The depiction is clearly that of a man’s head with leafy vines growing from the inside extending out through the mouth and traveling upwards forming dense shrubby vegetation.

While the figure could certainly symbolize the endless cycle of the seasons and regeneration commonly found in other clearly defined pagan symbols, its origin is Greek and Roman. For them, the Green Man represented the full flowering of education and thus inspired those who contemplated the quest for knowledge. The Green Man later found his way into Christian symbolism where he represented the immortality of the spirit and the resurrection of Jesus. Regardless of whether the Green Man represents Jesus uniting Heaven with Earth, or the more simplistic search for knowledge, it is undeniable that he also represents the growth of the spirit of man.

Art is the seed of man’s spirituality, because from a simple phrase in a literary masterpiece, or from a line drawn in a painting, messages and ideas sprout that whoever reads or observes can interpret for their respective personal improvement. It is the basis for the regeneration of humanity, or the transmutation from a state of unknowing to a state of knowing, just as the ancient alchemists transformed tin into gold. Thus, the Green Man symbolizes the wisdom that man acquires from the knowledge he has acquired as a direct result of his growth in spiritual matters beginning with the mustard seed, or the smallest particle of spiritual knowledge imparted to him.

It is fair to ask at this point what art a Freemason should explore. Should it be an examination of Da Vinci’s painting The Last Supper, which aroused so much interest in recent exciting books and movies about the legend surrounding the ancient Knights Templar? Is it the total and complete absorption of all literary works written by Albert Pike? Or is he expected to absorb other types of art and discern the messages about God from those? Although the answer that all art is important for the growth of man is inaccurate, it is the truthful answer.

A secret of the Freemasons is that the affinity with the pursuit of knowledge has never been solely because it benefits the learner, but because it eventually benefits those with whom the learner comes into contact. Masonic writers who have explored both the science and philosophy of alchemy have also given us insight into how the Green Man represents the benefit of one man’s knowledge to another man’s well-being. Freemasonry has consistently embraced the belief that the Supreme Architect of the Universe manifests through human growth – the impulse that moves from within a human being into a manifestation of action. There is no greater miracle than the one produced by the tiny mustard seed, which, when planted in the ground, produces a bush thousands of times larger than itself. The Holy Bible contains a parable that uses the tiny mustard seed to illustrate an important spiritual truth about the power of faith. In Freemasonry, the Craft teaches that the Supreme Architect manifests through an infinity of forms that implant themselves in the dark material earth. One of those forms is art, which Freemasons are taught to understand and create.

Scholars from around the world are currently engaged in a concerted effort to identify the historical beginnings of Freemasonry. They do this by following several avenues that promise empirical certainty once fully analysed. However, since Freemasonry includes a diverse number of disciplines, it is unlikely that the true origins will be discovered without a thorough evaluation of the symbolism that Freemasonry has selected over the centuries to impart wise and serious truths. A famous Masonic writer has gone further and stated that the origins of Freemasonry will never be traced, because that origin is veiled by a superphysical mystery. Whether or not we know the full truth about the origin of Freemasonry, one can begin the effort by parting that veil and studying the various symbols of the Craft, as well as the various works of art created from the depths of the soul and spirit of man. . .

There are essentially two methods by which man can grow: by observing Nature, or by creating and appreciating art. The true artist models his work after the laws of Nature, either by adopting all that Nature has revealed, or by assimilating as much of what exists in Nature as is necessary to complete the design envisioned by the artist. It is from such designs that humanity learns humanity’s place in the Magnus Opus of all works of art: the grand design of the Supreme Architect of the Universe.

The art of deciphering the secrets of the Freemasons and the symbols used by the Freemasons can be used to unlock unsuspected wisdom most likely originally possessed by those who lent those symbols to the fraternity. Old books with wrong paginations, as well as a host of secret alphabets used over the centuries, should be included in the decipherment effort. Because subtle methods were often used to hide divine truths from the uninitiated. As a specific example, consider the literary works of Shakespeare, believed by some to actually be the works of Sir Francis Bacon: that renowned Rosicrucian and Freemason, said to have been the legitimate son of Elizabeth I; dedicated to the charitable works of Art; and in desperate need of “political cover” to avoid detection as the author of politically inflammatory writing such as is found in several of Shakespeare’s plays. What is the truth? Can it be determined by studying the artwork itself? Is it worth knowing? The answers to those questions can only come to those who take the time to explore the works and decide for themselves.

The Green Man symbolism also teaches us that growth is experiential, that is, it can only be experienced to fully understand. The same goes for the “secrets” of Freemasonry. Those “secrets”, like understanding what growth means, can’t be revealed even if someone really wants to sit down and explain them to the whole world. Like death, Freemasonry can only be “experienced”, and therefore the “secrets” remain hidden from all who choose never to enjoy the experience. That is what happens with our Green Man, for it is from his mouth that the vegetation grows and around his head the resulting growth coils. He grows, experiences and becomes wise.

What about you?

Loan Modification Fact and Fiction – Who Qualifies and What Can Be Modified

  • Do you owe more than your house is worth?
  • Has your rate been adjusted so high that you can’t make your monthly payments?
  • Have you received calls or emails offering you loan modification services?

This article explains who qualifies for a loan modification. It describes what can be negotiated with the lender and provides advice on how to decide whether to pursue a loan modification alone or hire an expert.

Should you hire someone to help you with your loan modification?

The answer is maybe, maybe not. Before you hire a company to trade on your behalf, understand that you can trade on your own. There is no “magic” that lawyers, mortgage brokers or anyone else can bring to a loan modification negotiation. Homeowners can take advantage of the free information available from HUD and the California Department of Real Estate and try to negotiate a loan modification on their own. A lawyer or broker can contact you on your behalf and try to negotiate a loan modification, just like you can. California recently enacted Senate Bill 94 prohibiting upfront fees for residential loan modification services. As a result, most loan modification providers have stopped offering services.

Should a homeowner use an attorney or company that ‘specializes’ in loan modification?

Homeowners behind on their mortgage payments are often contacted by individuals or companies offering to help resolve a loan modification. But California law now prohibits anyone from accepting fees in advance. Any person or business seeking up-front fees is breaking the law now that SB 94 has been filed. The loan modification industry was plagued with deceptive practices. Numerous businesses in California tried to take advantage of desperate homeowners by offering to help save their homes. Many overpromise and underdeliver. Brokers cannot provide legal advice and may not have any more knowledge of real estate law than a homeowner can obtain from HUD and the California Department of Real Estate.

What can a lawyer do that a homeowner can’t do for themselves?

The lawyer can review the loan for legal flaws that could be used as bargaining chips with the lender, but the most important thing a lawyer can do is act as an unemotional advocate and try to persuade the lender that the loan modification is right. the best interests of both parties. In other words, the lender will make more money by accepting the loan modification than by foreclosing on the property. Most attorneys prepare a report that outlines the homeowner’s financial situation and describes why a loan modification makes sense for both the homeowner and the lender.

What can be negotiated with the lender?

Reinstatement – ​​Your lender may allow you to pay the full amount you are past due, in a single payment, on a specific date. This is often coupled with leniency when you can show that funds from a bond, tax refund, or other source will be available at a specific time in the future.

Forbearance: Your lender may offer a temporary reduction or suspension of your mortgage payments while you recover. Forbearance is often combined with a reinstatement or payment plan to pay off late or reduced mortgage payments.

Payment Plan: This is an agreement that gives you a set amount of time to pay the amount that is past due by combining a portion of what is past due with your regular monthly payment. At the end of the payment period, you have gradually paid off the amount of your mortgage that was delinquent.

Changes in Loan Terms: This is a written agreement between you and your mortgage company that permanently changes one or more of the original terms of your promissory note to make payments more affordable. This is the goal of most homeowners in trouble with home loans. A loan modification agreement changes the terms of your loan: a lower interest rate, an extension of the life of the loan, the conversion of an adjustable rate loan to a fixed rate loan can be effected.

What are the problems with loan modification?

Many people will not qualify. Good candidates are homeowners who have a demonstrable reason for being late, such as a change in their income or loan amount, and can show they have enough income to make the payments if the loan terms are changed . The mortgage business is a business. A loan holder will not consider modifying a loan unless the homeowner can afford to make the new payments. If the landlord is current and pays on time, it is unlikely that he will get a modification. Loan servicers are less likely to negotiate than banks because they often lack the power to modify loans.

If you’re considering a loan modification, check out all the free information available. Think hard about trying to do it yourself. If you decide to seek help, a qualified attorney can explain the law, review your situation, and guide you to the most appropriate options.

baseball glove brands

Baseball mitts are a baseball player’s ultimate defensive weapon and once the player and mitt have bonded… don’t come between them. A suave guy turns into a junk dog and you’re between him and his food bowl.

This may be a bit of an exaggeration, but I remember my first baseball glove and I bet most major leaguers remember my first.

In my time there were only a few glove manufacturers. Spaulding, the first manufacturer of gloves, Rawlings and Wilson. Knowing that these were ancient times, I thought I’d do a review of the current manufacturers and pass on any insights or information I got.

I was surprised to see how many baseball manufacturers there are today. I knew there would be more, but… Unfortunately, I can’t go through every glove as much as I’d like.

I might especially draw attention to Katz Gloves, who I found fascinating in concept. This firm does not make gloves, but rather specializes in reconditioning baseball gloves.

Akadema – $40 – $100 – Hamilton, NJ – Asia

Easton – $30 – $200 – Van Nuys, CA – Asia

Wilson – $15 – $200 – Chicago, IL – Asia

Louieville Slugger/TPX – $40 – $150 – Louieville, KY – Asia

Rawlings – $40 – $400 – St. Louis – United States

Nike – $60 – $100 – Beaverton, Oregon – Asia

Mizuno – $20 – $250 – Japan – Asia

Nocona $125+ – Nocona, TX – USA

Glove – $20 – $230 – St. Louis, MO – USA

SSK – $50 – $100 – California – Asia

DeMarni – $40 – $50 – Hillsboro, Oregon – Asia

Yennaco Custom Gloves – $100 – $500 – NH – Mexico

Kazuma – $50 -$200 – California – Asia

Kelley – $50 – $500 – Fort Worth Texas – Asia

Hobby Custom Creations – $150 – $550 – Bronx NY USA

Salinas Gloves – $50 – $200 – Corpus Christi – USA

Barraza Pro – $150 – $300 – Buena Park, – Mexico

Warrior Gloves – $125+ – Lansing MI. – Mexico City

Value – $50 – $175 – Tullahoma, TN – USA

Custom Gloves NV – $160+ – California – Mexico

Brady Custom Gloves – $200+ – Park City, UT – USA

Vinci Pro – $75 – $300 – Richmond, VA – USA

Katz Gloves – Meriden, CT Reconditioning Specialty USA

Catchers Mitts LLP – $150+ – White Bear Lake – USA

SAF Gloves $100 – $130 – West Covina, CA Mexico

As you can see, the list is quite extensive, but if you’re not in a rush, researching the various baseball glove companies can be quite interesting.

ThinMist Weight Loss Spray Review: How It Can Help You Lose Weight Naturally

This article provides a quick introduction and review of ThinMist Weight Loss Spray, a new product from Living Well Nutraceuticals. This is a dietary supplement that you can use before each meal to help prepare your body for natural weight loss through high metabolism.

What is ThinMist slimming spray?

On the market you can find two types of spray to lose weight: oral and nasal. ThinMist Weight Loss Spray is an oral type, one that is sprayed into the mouth just under the tongue. This form of application is called sublingual administration, in which the nutrients in ThinMist are quickly absorbed into the bloodstream after it is sprayed.

Three squirts of ThinMist is all you need 30 minutes before eating. This will prepare your body to speed up the metabolism and turn on its fat burning furnace to work on those calories you are accumulating. Use ThinMist three times a day and metabolism will stay high throughout the day to help you lose weight.

Human growth hormones and metabolism

A high metabolism is necessary for the body to burn fat, helping you lose those extra pounds. However, metabolism is affected by human growth hormones, or HGH, which are naturally produced in the pituitary gland. The main problem is that your HGH level decreases as you age, so your body’s metabolism slows down.

Studies conducted by the National Institute of Health (NIH) have revealed that HGH dramatically decreases once a person reaches 35 years of age. This low level then persists into old age, causing what is commonly known as the effects of aging. A slower metabolism is one of those effects.

When he was young, a much higher level of HGH was responsible for his rapid growth into adulthood. This peak level (shown at 10 years on the NIH chart showing HGH secretion as a function of age) can be up to 5 times higher than the eventual low level mentioned above. In fact, it is a tremendous fall.

ThinMist stimulates the production of HGH

HGH can be injected into the body, but it is only approved by the FDA to treat growth disorders in children and growth failure in adults. It is not approved for weight loss, so you need to be aware of the marketing claims of weight loss supplement manufacturers.

Research by the New England Journal of Medicine has shown that HGH can melt away trapped body fat. In order for this to work effectively, ThinMist stimulates your body to produce HGH naturally, through the action of the amino acids present in its formulation.

Which essentially makes ThinMist a safe way to lose weight without the negative side effects caused by weight loss pills and other supplements.

Other benefits

In addition to amino acids such as L-tyrosine, L-arginine and L-valine, ThinMist’s potent ingredients include a chromium-growth factor complex consisting of GABA, DHEA, elk antler velvet, etc. These can improve your health and well-being. For example, chromium keeps blood sugar at a healthy level, while DHEA (dehydroepiandrosterone) helps boost metabolism.

All in all, ThinMist weight loss spray is effective in helping you lose weight naturally and steadily. Most importantly, it requires you to starve yourself or follow a fad diet that can lead to malnutrition. In fact, with ThinMist you can almost eat all those foods you love; Of course, you’ll want to start making healthy food choices for a leaner, healthier you as you lose weight.

Astrophysicist Neil DeGrasse Tyson’s Philosophy on UFOs: A Response

When it comes to the emotive topic of UFOs (as in alien spacecraft), scientists simply don’t want to know or enter into the debate if it can be avoided, for the main reason that the makers of the UFO = alien spaceship equation doesn’t hold. he doesn’t shut up That’s ‘present’ in terms of the kind of evidence scientists tend to have to ‘present’ when making claims. If they have to ‘present’, they in turn expect others to ‘present’ evidence before them. The scientific consensus is that UFO = alien spacecraft aficionados have not done an adequate job in the ‘presentation’ department. One of those scientists with that point of view (POV) is the well-known astronomer, Dr. Neil deGrasse Tyson. While on the whole he is reasonably correct in that view, some of his arguments are flawed and lack credibility in my view.

When it comes to evidence for this or that explanation for a UFO sighting, especially the UFO = Alien Spacecraft explanation, eyewitness testimony is suspect. Or so recounts the astrophysicist Dr. Neil deGrasse Tyson through several YouTube clips relevant to his opinion on UFOs. But wait, there is more!

Dr. Tyson very correctly points out that the “U” in UFO stands for “unidentified” and that is all anyone seeing what to them is an Unidentified Flying Object can expose. One should not jump to the conclusion that “U” equals an alien ship. There is no plot there. However, he also points out, an equally valid comment, is that we don’t like mysteries as things that are unidentified and therefore tend to jump to unwarranted conclusions to identify the unidentified and perhaps unidentifiable. No argument from me there, other than to point out that we jump to the conclusion of UFOs = alien craft in favor of some other explanation, probably because there must be something to suggest that possibility; there is something in the observation date that points to alien spacecraft and not something else.

He points out that there are natural phenomena and conditions that can confuse someone unfamiliar with those phenomena. There is no argument on that observation either.

HUMAN PERCEPTION

But it goes a bit off the rails by suggesting that the least likely form of bona fide evidence is human perception or eyewitness testimony. Optical illusions are a good example, as he delights to point out. However, when it comes to man-made or designed optical illusions, there aren’t that many natural ones, though there are some, of course, like mirages or that ship that “sinks” when it passes beyond the visible horizon.

I get the impression from Dr. Tyson’s comments that eyewitness testimony is as reliable as a $7 bill. Human perception is absolutely 100% fallible. Although eyewitness testimony is a cornerstone in legal proceedings, court lawyers have a field day to discredit eyewitness testimony. Experiments by psychologists overwhelmingly show that any sudden and unexpected event witnessed by ten people will result in ten different versions of what happened, just not that drastically. I mean ten witnesses will differ on the height, weight and attractiveness of the person in the unexpected event, but they will not differ on the fact that he was a human and not an elephant!

Humans are pretty good when it comes to the details, otherwise why would law enforcement officials ask you to flag down the criminal in a police lineup or news reporters question witnesses to some unusual news? To take just one of thousands of possible examples, you can easily distinguish your face from the faces of your parents and from the face of anyone else you know (in person) or have seen frequently (like Dr. Tyson on YouTube). . You know a new and different face when you see it. You can tell a human face from, say, a reconstructed Homo erectus face. You can tell a primate face from a feline face from a canine face from a bovine face. You can tell the face of a penguin or an eagle from its ancient ancestor, the T-Rex. If you can’t tell a frog face from a crocodile face from a shark face from a spider face, there’s something seriously awry. Assuming there is nothing crooked; you can distinguish all these examples of faces even though they are all faces.

So, in your day to day life, 99.9% of what other people tell you they saw (ie Joe Blow drinking in the pub) you will believe them. Human perception is flawed, but it’s all you’ve got for all practical purposes, despite the millions of smartphone cameras snapping photos of everything. People don’t tend to tell you they saw Joe Blow in the pub AND show you Joe Blow’s smartphone camera photo of him in the pub, as you obviously wouldn’t believe them without pictorial backing.

In any case, perception in humans is usually more than adequate, for example, when driving a car or playing a baseball game. Human beings have an excellent innate ability to judge height, depth, color, direction of sound, types of sound, movement, speed (speed plus direction), etc. We’d better have those skills if we want to survive from day to day; week to week; month to month; etc from birth to death.

THE PHONE GAME

Dr. Tyson places great importance on the boy’s game of ‘phone’ and how that relates to the evidence of how unreliable eyewitness (or hearing witness) testimony is. It is that version of someone who told someone, who told someone, who told someone, who told someone, who told someone, etc. etc That story that goes to ear number one usually ends up having little to do with what the last person in the chain recounts what they were told. Cases where someone who told someone repeated it many times in the future are really suspicious, but that’s not usually the case with UFO sightings. The ‘phone’ is actually quite irrelevant to UFO reports, as the chain is usually just a one-link chain between two people – the UFO witness recounting first-hand his story to the UFO investigator. There are no 20-somethings who have told someone links here. Direct first-person testimony is written or recorded for posterity.

THE LAYMAN WITHOUT EXPERIENCE

Dr. Tyson points out that Joe Blow’s average citizen isn’t usually as familiar with astronomical, meteorological, and optical phenomena, and visions of lights in the sky are frequently misinterpreted: Venus turning into an alien spaceship. However, not all UFO sightings are reports of dots of lights in the sky. UFOs have been seen up close on the ground and often exhibit a substantial disk when viewed in the sky. That is why the late Dr. J. Allen Hynek (who was a pioneer in the scientific study of UFOs and also an astrophysicist like Dr. Tyson) came up with that category of UFO sightings called “close encounters” where misidentification of, say, a star for an alien spacecraft is unlikely since a star never exhibits a substantial 2-D or 3-D geometric shape.

KIDNAPPING

Dr. Tyson also suggests (ironically?) that if you are abducted, take (steal) something from the alien’s shelf to back up your claim with something that can be put on the slab in a lab for independent testing. That is flawed for several reasons. Assuming that he has been abducted by aliens, he must think about it at that time in rather difficult circumstances. That is if he is not naked on the slab being poked and prodded: he has no available pockets to stow anything in, assuming there is something within easy reach to stow in any case. That’s also assuming you’re not being watched. Even if you cut through something, elements and compounds tend to be uniform throughout the cosmos, so an alien ashtray or knife could be made of the same material as an Earth ashtray or knife. Any alleged extraterrestrial artifact would clearly have to be of such a nature as to rule out any terrestrial origin or hoax. It’s a sensible suggestion, but a much more likely bet is that any supposed UFO abductees would pick up extraterrestrial microorganisms that could be detected and cultured as evidence.

FOREIGN PSYCHOLOGY

An obvious flaw in Dr. Tyson’s reasoning is that according to Dr. Tyson, if UFOs are alien craft, why should those aliens land in a farmer’s field instead of something more visible like landing in Times Square? (NY)? Well, aliens, by definition, are aliens and will have alien motives; an alien psychology. We cannot determine in advance how aliens should behave, as we have no studies to deliver on extraterrestrial wet material, alien neurochemistry, and alien motivations.

INEPT FOREIGNERS: SHIT HAPPENS

Dr. Tyson also ridicules UFOs as alien craft by pointing out the [Roswell] crash. How can advanced high-tech aliens navigate and travel across the galaxy and then end up crash-landing? They must be pretty stupid and inept aliens. Actually, in this case, it is an unusually inept example of reasoning on Dr. Tyson’s part. Dr. Tyson – Shit Happens! How many UFOs (if they are alien ships) have not crashed? Almost all of them would be an appropriate response. Sometimes, though rarely, we have plane crashes. Most of the time planes don’t crash. If terrestrial shit happens, alien shit happens. These are fallible aliens, not infallible deities.

In conclusion, Dr. Tyson’s various YouTube submissions are clearly his standard response to the UFO question and his well-rehearsed monologue on the subject. They were pure spectacle: witty, highly entertaining, but unfortunately scientifically barren. His presentations did nothing to promote acceptance of the UFO phenomenon in good faith. As the saying goes, “if you’re not part of the solution, you’re part of the problem.”

Doggin’ Reno, Nevada: 10 Interesting Things to See While Walking Your Dog

“If your dog is fat,” the old saying goes, “you’re not getting enough exercise.” But walking the dog doesn’t have to be just a little exercise. Here are 10 cool things to see in Reno, Nevada while walking your dog.

COLORFUL FISH.

Walking the dog along the Stream Profile camera trail at the Taylor Creek Visitor Center leads to a sectional view of the stream and its underwater inhabitants. In fall, spawning Kokanee salmon, tinged a bright red, swim past the trail. Another place to see goldfish up close is the Truckee River Bike Path in Tahoe City. Look out over the water from the side of the Fanny Bridge and watch for rainbow trout at the headwaters of the Truckee.

FAMOUS ROADS.

In the mid-1800s, the Reno area was simply a stopover on the way to somewhere else. Train cars, the Pony Express, and others used many roads to reach California, including Hawley’s Grade, the detour through Dog Valley, and mountain passes such as Roller Pass, Donner Pass, and Carson Pass. Today, many of these historic routes are public trails that are home to canine hikers. Keep an eye out for faint rust marks on the rocks that are reminders of wagon wheels from the Western migration.

GEOLOGY.

The geological origins of the region are revealed in many places along the local trails. At Cascade Creek Falls, ridges on either side of Cascade Lake are visible where retreating glaciers have pushed up rocky debris. This depression, like other similar rock-cut pits, filled with melted snow and rainwater to form the Tahoe-area lakes.

HEADSTONES.

Cemeteries are good destinations for an off-the-beaten-path dog walk. In Virginia City, the largest federally maintained historic district in the country, there are separate cemeteries that are reminiscent of the rigidly structured society of the prosperous city. Wander among the tombstones that are markers of the time when Virginia City was the largest city in Nevada.

HISTORICAL BUILDINGS.

Area parks are home to some of Reno/Lake Tahoe’s most historic buildings. Relocated to Bartley Ranch is the one-room Huffaker School that predates even Reno. In Idlewild Park is the California Building, built in 1927 and now home to the Reno Art Center. From the same era, near the Loch Levens Lake trailhead, stands the Rainbow Lodge, built from hand-hewn logs. Even older, dating back a century, are the rustic farm buildings visible from the paths of Wilson Commons Park.

INTERESTING BALLS.

The Reno/Lake Tahoe region is riddled with memories of its icy past. Many of these boulders were used by the Washo Indians to grind food; look for smoothed depressions in the granite rocks as an indication that it may have been a grinding boulder. A good place to see these stones and learn about their history is the Lam Watah Washo Heritage Site. Pyramid Lake got its name from a triangular shape

rock that can be seen from the trails along its southern shore. And canine hikers on Peavine Mountain can visit the rocks that a University of Nevada student placed in a symbolic “N” in 1913 and continue to maintain annually.

MAGNIFICENT URBANIZATION.

Your dog can walk up close and marvel at three estates at the Tallac Historic Site: Pope Estate, Heller Estate, and Baldwin Estate. Wooded walkways connect the mansion sites. You can see, but not visit with your dog, Vikingsholm on Lake Tahoe in Eagle Falls and Bower’s Mansion in Davis Creek State Park.

OLD RUINS OF THE FORT.

Fort Churchill State Park contains the ruins of the 1861 frontier fort built to secure overland migration routes. Fort Churchill lasted only a decade and has been in an arrested state of decay ever since. The remains of the adobe buildings can be seen from the trails in the state park.

TV AND CINEMA PLACES.

Your dog can follow in the footsteps of famous Hollywood actors at locations in the Reno/Lake Tahoe region where TV shows and movies are filmed. Lower Prey Meadows on Tahoe’s east shore was a prime location for setting shots for NBC’s great western, “Bonanza.” Hoss, Little Joe, Adam and Ben Cartwright could often be seen riding through this lush meadow in the shadow of towering mountains. Any canine walk to Dayton State Park will take you close to the filming locations of the latest film by The Misfits, Clark Gable and Marilyn Monroe.

CASCADES.

The Reno/Lake Tahoe region is certainly not without its picturesque waterfalls that you can visit with your dog. Some, like Heath Falls, require considerable travel time, but others like Cascade Creek Falls and Eagle Falls, the only waterfall that flows directly into Lake Tahoe, can be enjoyed with very little purchase.

he did it his way

The Tommy Koh Reader: Favorite Essays and Lectures – Tommy Koh

* World Scientific Publishing, 529 pages, nonfiction

A LITTLE black and white sketch on the cover of The Tommy Koh Reader gives a partial view of the author’s face.

Professor Tommy Koh’s collection of speeches and written works is also a partial showcase of one of Singapore’s most versatile, successful and outspoken sons. It would be difficult to give a complete picture of his impact on academia, diplomacy, law, the arts, heritage and the environment in Singapore, but this selection covers a range of causes he has championed.

Koh and other members of the University Socialist Club “were very passionate about our quest to build a more democratic, just and equal world,” he wrote. As a student, he “hoped that we would find a socioeconomic model that would allow growth with equity.”

He is still expressing similar concerns. In 2010, he noted that Singapore’s founding fathers had a vision of a country like an olive, with a large middle class and relatively few people at the top and bottom, warning: “We must not allow the olive to become a pear”. .

After graduation, Koh studied law under former Prime Minister David Marshall and later lectured at the National University of Singapore Law School. But in 1968 he was asked to represent the newly independent nation as Ambassador and Permanent Representative to the United Nations. Although he later became dean of the Law School (1971-1974), he spent most of his professional life at the Singapore Ministry of Foreign Affairs.

As an “active participant” in the republic’s diplomacy for 41 years, Koh proved to be one of its most formidable negotiators. He described his agenda-setting tactics as chairman of the Preparatory Committee for the United Nations Conference on Environment and Development, the Earth Summit in 1991 and 1992: “My strategy was to keep the pressure on the delegates until they agreed a compromise. By 4:30 a.m., the delegates were so exhausted that they asked me to draft a compromise. I called for a short recess, and with the help of a dozen or so colleagues representing various interest groups, managed to draft a compromise I got my schedule.”

Koh combined his legal and diplomatic skills as president of the Third United Nations Conference on the Law of the Sea (1981-1982), which drafted “a constitution for the oceans.” The 1982 Law of the Sea Convention “has stood the test of time,” he wrote, “bringing legal order, security and peace to the world’s oceans and seas. It is often considered one of the most important contributions of the UN to the rule of law in the world.

The “son of a book-loving father and an art-loving mother”, Koh was the founding president of the National Council for the Arts (1991) and in 1992 chaired the Singapore Censorship Review Committee.

“When attempts were made to stigmatize forum theater and The Necessary Stage,” he wrote to Singapore’s The Straits Times newspaper to defend them. But he failed to “protect performance artist Josef Ng from the wrath of law enforcement.”

That was not the only time Koh criticized government policies. He has been part of the establishment, but he has also been active in civil society.

“NGOs, by their very nature, must be a nuisance,” he told Asiaweek magazine in 1996. “But we need such positive nuisances.”

For example, he cited “Saving the trees in Lower Peirce Reservoir from being cut down to make way for a golf course” as one of Singapore’s most important environmental achievements. Although not mentioned in the book, Koh could take credit, as he is a patron of the Nature Society (Singapore), which led Singapore’s largest protest campaign in 1992, long before the dawn of social media.

NSS members first compiled an 80-page report on biodiversity in the catchment area and the impact the proposed golf course would have on water quality and the environment. Given the lack of response from the Government, they organized a campaign that collected around 17,000 signatures. The proposal was finally saved.

This collection will resonate with many Malaysians and Singaporeans, but readers further afield may have to turn to the internet for a few acronyms and cryptic references. An index and more footnotes in later editions would be helpful.

Law Firms Should Look to Marketers as Rainmakers

Small and medium-sized law firms across the country are faced with the proverbial question: which comes first, the chicken or the egg? In the case of marketing, many companies are learning that marketing must come before customer acquisition and it is key to invest in quality marketing. The competition between lawyers and law firms is too severe to view marketing as a luxury.

Small and medium law firms should invest in marketing and see their marketing firm as their main rainmaker. The right marketing firm will attract customers to a business through a multifaceted approach.

Marketing for law firms should include: internet marketing, local marketing including advertisements, networking, seminars, and public relations among other forms of marketing. With a marketing firm focused on their area of ​​expertise and attorneys focusing on their area or areas of expertise, success is much easier.

Internet marketing for lawyers is vital. Many small and medium sized law firms are realizing that they don’t need websites with all the bells and whistles. A clean and professional website that is seen by your target audience is much more effective than a state of the art website that is not seen by anyone. The best marketing firms have law firms that spend less on website development and more on internet marketing.

Internet marketing is much more than search engine optimization and pay per click campaigns. Top marketing firms are also working with clients on webinars, optimized press releases, podcasts, social media, and more.

In addition to a comprehensive Internet marketing campaign, marketing firms use an integrated approach that focuses on branding and targeting specific markets and populations. While lawyers focus on practicing law, marketing firms are investigating local opportunities to bring clients to the firm, from local advertisements in church publications and bulletins, to opportunities to be interviewed on the latest legal news.

Streamlined press releases and ezine articles are a great way for lawyers to showcase their expertise in a particular area, while the marketing firm stays on top of what the law firm can and cannot say. (For example, few marketing firms know not to use the term “expert” to refer to lawyers in most practice areas.)

The best marketing companies, whether local or not, can also plan and execute highly effective seminars and social events to expand the company’s customer base. The key is for the marketing firm to maximize the law firm’s return on investment—the measure of a truly great rainmaker.

The highly competitive legal industry requires companies to invest in high-quality marketing that is specialized, diverse, and integrated. Leading marketing firms are offering this unique approach to small and midsize law firms across the country.