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August 31 will arrive with a blue moon, and it won't happen again for three years. What exactly is a blue moon? And where did it get its name?
This image of the full moon was taken by Alamelu Sundaramoorthy from Portland, Ore. on July 3, 2012.
Alamelu Sundaramoorthy
EnlargeThe month of August brings us not one, but two full moons. The first will kick off the month on Wednesday (Aug.1), and will be followed by a second on Aug. 31.
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Some almanacs and calendars assert that when two full moons occur within a calendar month, the second full moon is called a "blue moon."
The full moon that night will likely look no different than any other full moon. But the moon can change color in certain conditions.?
After forest fires or volcanic eruptions, the moon can appear to take on a bluish or even lavender hue.? Soot and ash particles, deposited high in the Earth's atmosphere, can sometimes make the moon appear bluish. Smoke from widespread forest fire activity in western Canada created a blue moon across eastern North America in late September 1950. In the aftermath of the massive eruption of Mount Pinatubo in the Philippines in June 1991 there were reports of blue moons (and even blue suns) worldwide. [Infographic: Blue Moons Explained]
The phrase "once in a blue moon" was first noted in 1824 and refers to occurrences that are uncommon, though not truly rare. Yet, to have two full moons in the same month is not as uncommon as one might think.? In fact, it occurs, on average, about every 2.66 years.? And in the year 1999, it occurred twice in a span of just three months.?
For the longest time no one seemed to have a clue as to where the "blue moon rule" originated.? Many years ago in the pages of Natural History magazine, I speculated that the rule might have evolved out of the fact that the word "belewe" came from the Old English, meaning, "to betray."? "Perhaps," I suggested, "the second full Moon is 'belewe' because it betrays the usual perception of one full moon per month."?
But as innovative as my explanation was, it turned out to be completely wrong.
It was not until that "double blue moon year" of 1999 that the origin of the calendrical term "blue moon" was at long last discovered.? It was during the time frame from 1932 through 1957 that the Maine Farmers' Almanac suggested that if one of the four seasons (winter, spring, summer or fall) contained four full moons instead of the usual three, that the third full moon should be called a blue moon.?
Source: http://rss.csmonitor.com/~r/feeds/science/~3/DdgmTxr8hjM/What-is-a-blue-moon-anyway
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Mike Campbell, from Aurora, shows his ticket from Century 16 theater Saturday, July 28, 2012, in Aurora, Colo. Campbell was in the theater when 12 people were killed and more than 50 wounded in a shooting attack early Friday, July 20, at the theater during a showing of the Batman movie, "The Dark Knight Rises." Police have identified the suspected shooter as James Holmes, 24. (AP Photo/Alex Brandon)
Mike Campbell, from Aurora, shows his ticket from Century 16 theater Saturday, July 28, 2012, in Aurora, Colo. Campbell was in the theater when 12 people were killed and more than 50 wounded in a shooting attack early Friday, July 20, at the theater during a showing of the Batman movie, "The Dark Knight Rises." Police have identified the suspected shooter as James Holmes, 24. (AP Photo/Alex Brandon)
Police continue to monitor the area around the Century 16 theater, Saturday, July 28, 2012 in Aurora, Colo. Twelve people were killed and over 50 wounded in a shooting attack on July 20, at the packed theater during a showing of the Batman movie, "The Dark Knight Rises." Police have identified the suspected shooter as James Holmes, 24. (AP Photo/Alex Brandon)
DENVER (AP) ? The Colorado movie theater complex that was the scene of a gunman's massacre this month didn't have any uniformed security guards on duty the night of the shooting, even though other theaters operated by the same company did provide such protection for the busy premiere of the Batman film "The Dark Knight Rises."
It's impossible to know whether guards ? often off-duty police officers ? at the Aurora Century 16 would have spotted the suspected gunman, James Holmes, and thwarted the attack that left 12 moviegoers dead and dozens wounded on July 20.
Officers hired as guards are generally armed and usually spend their time roaming the complex, checking bags or dealing with minor disputes.
Cinemark provided off-duty police guards at the Aurora theater on busy Friday and Saturday nights. As for other nights of the week, theater operators decide on a case-by-case basis whether to hire security, depending on the likelihood of trouble. The attack came early Friday, shortly after the midnight screening of the Batman film began.
Larry Lowak, whose son Brent was among the wounded, said security personnel on the scene possibly could have stopped the gunman, and he was dismayed to learn that guards weren't on hand.
"If you bring in security on Friday or Saturday, you sure as hell want to bring it in for this particular function," Lowak said.
Plano, Texas-based Cinemark, which operates the Aurora theater, declined to explain why guards weren't provided in Aurora that night and declined to discuss safety policies in general.
Through interviews with police officers and officials outside the theater company, The Associated Press was able to identify places around the country that did use armed security workers for the July 19-20 Batman showings ? including places like Beaumont, Texas; Lake Charles, La., and Tupelo, Miss.
Some other locations, including a Cinema Century 16 theater in the western Denver suburb of Lakewood, did not have security.
Aurora Police Chief Dan Oates has said that the Cinemark in Aurora normally uses off-duty officers to provide security on weekend nights but did not have any working for the July 19 showings that went into the next morning. The theater does not have an unusually high record of complaints or crimes, police Sgt. Cassidee Carlson said.
In Moosic, Pa., Cinemark has worked for years with off-duty officers from the local police department ? typically on Fridays and Saturdays ? and authorities said they were asked to provide two officers on July 19 because the midnight showing was likely to be a major event.
"If they're expecting large crowds, they call our department for additional police presence," said Moosic Borough Police Officer James Giehl.
Two major multiplexes in Amarillo, Texas, including one Cinemark facility, also ensured that off-duty uniformed police officers were present for the first screenings of the Batman film. Amarillo Police Cpl. Jerry Neufeld said that the off-duty officers work in pairs; the town's theaters made a point of asking for them on the busy opening night.
There were no incidents at the screenings, and Neufeld said he heard that people were, as always, happy to see people there to deal with any dangers.
"When they're there, they're visible, people see them and people come in and say, 'hey man, we're glad you're here,'" Neufeld said. "It gives people a sense of calm."
The Aurora shooting has stirred discussion about appropriate security precautions at gathering places commonly considered safe from the cares and worries of the outside world. Experts say that security at public venues has increased substantially over the past decade, but they also note that it's impossible to maintain perfect safety at all times.
Officials have said the Aurora shooting suspect bought a ticket to the midnight showing and went into the theater as part of the crowd. A federal law enforcement official said suspect Holmes is believed to have propped open an exit door in the theater as the movie was playing, donned protective ballistic gear, re-entered about a half-hour into the film and opened fire.
Aurora police said the suspect tossed two gas canisters into the crowd and had an AR-15 assault rifle, a shotgun, and two .40-caliber Glock handguns.
Some theaters have added security guards for all nights of the week since the shooting, and police departments around the country have also conducted extra patrols that focus to movie theaters, though it's not clear if those shifts will be permanent. AMC Theatres has barred people from wearing masks or bringing fake weapons inside its buildings.
Many theaters, including the Cinemark in Aurora, prohibit patrons from bringing in their concealed weapons they use for personal protection.
That irks people like Dudley Brown, executive director of Rocky Mountain Gun Owners, who said that he has refused to go to Aurora theater because of that ban.
"What could have stopped this is law-abiding citizens being allowed to carry," Brown insisted.
Lowak, the father of the shooting survivor, also said he believes people carrying concealed weapons might have helped limit the bloodshed.
But Hubert Williams, former head of the Newark police department and president of the Police Foundation, said that the idea that average citizens with guns could keep a theater safe only makes sense "on a piece of paper."
"Reality is much more complicated. What if you pull a gun out, take aim and someone else thinks you're the shooter?" he asked. "Would you stand up against an AR-15, AK-47 military-style assault weapon? Give me a break."
___
Associated Press writer Mike Baker can be reached on Facebook: http://on.fb.me/HiPpEV
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LONDON (AP) ? Cameron van der Burgh of South Africa set a world record to win the 100-meter breaststroke at the London Olympics on Sunday.
Van der Burgh clocked 58.46 seconds, 0.12 seconds better than the mark set by Brenton Rickard of Australia at the 2009 world championships in Rome.
Christian Sprenger of Australia took silver in 58.93 and Brendan Hansen of the United States claimed bronze in 59.49.
Two-time defending champion Kosuke Kitajima of Japan finished fifth.
Source: http://news.yahoo.com/van-der-burgh-sets-world-record-win-100-192442608--oly.html
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Credit: ALEXA WELCH EDLUND/TIMES-DISPATCH
Veteran players, such as Cooper Taylor (right), have led the Spiders in extra work involving film study, or weightlifting, independent of UR's staff.
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Offseason workouts in past years generally ended upon dismissal by Spiders strength and conditioning coach Chris Stewart. That approach no longer seemed sufficient to the program's veterans following the 2011 season, when UR went 3-8 and dropped four games by three or fewer points.
"We're letting guys know, 'We're done with (the supervised session), now we're going to run the stadium steps. Meet us there in 15 minutes,'" senior safety Cooper Taylor said of the direction provided by UR's upperclassmen.
Added senior quarterback John Laub: "Every workout that we've had, and in our spring practices, it's constantly driving home the point that when you're tired, you have to make good decisions and you have to perform well."
The extra work also involves film study, or more weightlifting, independent of Spiders' staff members, according to Taylor.
"We tell the younger guys, 'This is what it takes to win. Be here if you want it,'?" said the Georgia Tech transfer, who enters his second season at UR. "We've gotten a great response. We're looking to return Richmond to what it's known for, and that's winning championships."
Since 1998, UR captured five league titles (1998, 2000, 2005, 2007, 2009). The Spiders slipped to 6-5 in 2010 before going winless last year in CAA competition after a 3-0 start. Close games are common in CAA Football, which Old Dominion coach Bobby Wilder refers to as "a field goal league" because three-point kicks periodically provide the margin of victory in the balanced conference.
Danny Rocco was hired as UR's coach Dec. 6, watched video from each UR game in 2011 and noted deficiencies that led to close losses. Rocco, Liberty's coach for the past six seasons, said at the CAA media day Wednesday in Baltimore that first, physical elements must be in place to win tight games.
"Do you have guys who can make plays, and are you conditioned to perform late in the game?" Rocco said.
The second component, he believes, involves trust, unity and confidence among players.
"I think that is huge part of this equation, especially when you're trying to leap-frog (competitively)," Rocco said. "You have to have some belief. You have to have some conviction in what you're doing, and unity. And I think that late in a game, that leads to confidence.
"(The Spiders) are working on those things on their own right now. Hopefully, we will have taken a step forward here as we start camp."
UR holds its first preseason practice Aug. 6, and opens at Virginia on Sept. 1.
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Nutrition and health are important issues all over the world today. It is no more talking about just malnutrition but over-nutrition is also issues that are being discussed almost everywhere. As far as proteins are considered, they are useful for tissue repair and in making new tissues as well. So, regardless of whether you are up to body building or you need to recover from weakness, protein powder will be very helpful.
Protein is called building blocks of human body and helps in building muscles and also helps maintain proper health especially for people related to sports. These days you will find a large number of options when you go to buy protein powder in the market. Here you have to be careful and conscious and select the right protein powder that is free from any side effect. Choose the powder after testing its amiability, taste, quality and content.
Do not forget to analyze your needs and then select the protein powder so that you choose the one that fits in your needs.While searching for good and result-oriented supplements, you will come across NO-Xplode and if you search for something equivalent or better than this product, you will find none. It is really a ground-breaking product and has no competitor till date. If you go through the ingredients you will find that many of them are unheard and unique. The manufacturer claims that he has given a number of years for the development of NO-Xplode and no one has been able to compete.
The growth, focus, mental status and performance factors that are associated with NO-Xplode is matchless and this is why it is considered as an incredible achievement in the history of supplements.
However, when it comes to personal decision, it is very important you take the decision wisely. Analyze your needs and then decide on the product that suits you perfectly. You should consult your personal trainer and doctor and find out what your body needs and how much before you decide on taking any of the supplements.As far as NO-Xplode is concerned it is a pre-workout supplement that helps give results in performance, pumps, sizes, strength, training intensity, energy and related fields. It is fast and you will start feeling the difference as soon as you start taking it. There are stores that provide discounted body building supplements also. Check out details and find out the legitimate online stores that provide this supplement if you have decided to buy this.
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Politicians run on a variety of platforms and issues, but Bill Stouffer's may be the most ingenious yet. Stouffer, a Republican candidate for Missouri secretary of state, is focusing a big part of his campaign around saving the state's roadside billboards, a stance that, if nothing else, has earned the candidate a whole lot of free advertising.
Stouffer has secured an estimated $118,000 in free advertising through Missouri billboard owners. The majority of that support has come through Lamar Companies, one of Missouri's largest billboard owners, and the Missouri Outdoor Advertising Association has also thrown its support behind his campaign.
While many are less than enthusiastic about billboards, Stouffer and his campaign make a point of praising the advantages of outdoor advertising. "Billboards promote the state and promote tourism," Chasen Bullock, Stouffer's campaign manager, said. "That's why [Stouffer has] been a long time supporter of billboards."
At the base rate of $1,500 that Lamar's website quotes for four weeks' ownership of a one-panel billboard in Missouri, Stouffer's campaign has amassed about 78 billboards' worth of donations from billboard companies alone. A representative of the Missouri Outdoor Advertising Association estimated that there were between 8,800 and 8,900 billboards in Missouri as of this spring.
Want a different take on politics? Check out OTUS on Facebook and follow us on Twitter @OTUSNews. As a state senator, Stouffer pushed through legislation that allowed electronic billboards and that protected existing billboards from being destroyed during highway expansions. The money-saving measure, which, according to Huffington Post reports, could save Missouri $60 million in billboard destruction costs by allowing governments to choose to relocate them instead, a much more cost-effective strategy. The move has also saved Stouffer a bundle in campaign costs this year.
Bullock believes that Stouffer's record will help him not only in terms of fundraising, but also come November. "This bill saved taxpayer dollars," he said. "Any bill that saves taxpayers helps communicate with the voters." While that may be true, Stouffer's billboard-friendly stance may not go over well with some voters - many drivers feel less than friendly toward what's been called the "spam of the open road."
While not a conventional donation, Stouffer's campaign will certainly still benefit from free billboard space, according to Bullock. "Our donors decided to help out our campaign by donating billboard space - and we are utilizing it as part of our discussions with voters," he said.
Stouffer's platform focuses on protecting small Missouri businesses, and with money-saving legislation under his belt, the campaign is confident that its message will reach voters this time around as well. And, you know, the free billboards don't hurt.
Stouffer faces two opponents in the Aug. 7 Republican primary. The nominee will then square off against Democratic Rep. Jason Kander in November.
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Silverview Perky likely to finish first in Coral Ladies Trophy ? Heat 1
The C. Lister trained black and white bitch, Silverview Perky, is likely to finish first emphatically in the Coral Ladies Trophy ? Heat 1 that will take place at Hove racecourse on Thursday night, July 26. The Open Race over 515 meters is scheduled to start at 21:56 (GMT).
For the sake of the prize money worth ?150, the two-year-old veteran hound will compete against five strong rivals after breaking from the black box.
The talented daughter of Head Bound out of Owens Rover owns a terrific track record. Her profile is adorned with success streaks.
The brilliant bitch stunned the sport fans by winning six high-profile races with reasonable margins during October-November 2011. She extended her winning drive to the calendar year as well and bagged a couple of consecutive triumphs in the month of April.
The experienced hound stepped forward to accomplish two tremendous triumphs in May as well. She again grabbed a grand victory by the margin of 9 ? lengths at Hove on June 7. She elegantly claimed a 6-length clean conquest on July 1.
Silverview Perky elegantly stood first in her last start on July 18. That was the Betfred Select Stakes, held at Nottingham.
These excellent stats suggest that the skilled sprinter will be able to carry the day convincingly as her talent and capabilities stand above all.
However, Silverview Perky will have to face the wrath of Flaming Honey who marvellously bagged a couple of consecutive triumphs both in March and April 2012. After getting three thirds in a row, the S. Fletcher trained black bitch won an OR race by 6 ?-length margin at Henlow on May 17.
The daughter of Droopys Vieri out of Flamingo Girl went on to get two runner-up ranks in the subsequent starts.
It is expected that the experienced bitch will give enough tough time to Silverview Perky who needs to employ a calculated strategy to survive. The spectators will have an amazing and exciting action to enjoy. Most of the punters have stake their money on Silverview Perky. Let us see how Lister?s trainee lives up to the market expectations. Good luck to her.
Disclaimer: The views expressed in this article are the writer's own and do not reflect Bettor.Com?s editorial policy.
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(Charles Dharapak/AP)LONDON?For the second day in a row, Mitt Romney's visit to London was marred by controversy, as the British media seized on comments the GOP candidate made suggesting he found London's preparations for the 2012 Summer Olympics "disconcerting."
In an interview with NBC News on Wednesday, Romney, who has campaigned on his experience running the 2002 Winter Olympics in Salt Lake City, was asked if he thought London was "ready" for the games.
"You know, it's hard to know just how well it will turn out," Romney told NBC. "There are a few things that were disconcerting. The stories about the private security firm not having enough people, the supposed strike of the immigration and customs officials ? that obviously is not something which is encouraging."
Romney's comments were immediately big news in London, splashed across the websites of major newspapers. In a press conference Thursday just hours before he was set to meet with Romney, Prime Minister David Cameron issued a snippy rejection of Romney's comments.
"We are holding an Olympic Games in one of the busiest, most active, bustling cities anywhere in the world. Of course it's easier if you hold an Olympic Games in the middle of nowhere," Cameron said, a comment that was widely interpreted as a reference to Salt Lake City, where Romney headed up the organizing committee.
Cameron told reporters he looked forward to addressing the subject with Romney during their meeting at No. 10 Downing Street?and presumably he did.
Emerging after his sit-down with Cameron to speak to more than 100 reporters waiting outside the prime minister's office, Romney immediately heaped effusive praise on the London games. He spoke of how the games would energize "millions" of people in the city and how nice it was to look out the back windows of No. 10 Downing Street to see an Olympic venue?right in the "heart of London," he noted.
"What I see shows imagination and forethought and a lot of organization, and I expect the games to be highly successful," Romney said.
[Get more updates from Romney's overseas trip by following @hollybdc on Twitter]
Asked about his comments to NBC, Romney suggested they had not been meant as an insult and repeatedly praised London organizers. He said that no Olympics has ever been pulled off without mistakes?not even the Olympics he ran in Salt Lake City.
"My experience with Olympic organizing is that there's always a few very small things that end up going not quite right the first day or so," Romney said. But the issues always get "ironed out," he added.
The flap over Romney's Olympics comments comes just a day after his campaign went on the defense after the Daily Telegraph quoted an unnamed Romney adviser suggesting President Barack Obama did not fully appreciate the "Anglo-Saxon heritage" between the United States and Great Britain. The Romney campaign immediately insisted the comment didn't come from anyone affiliated with the campaign?a position later echoed by the candidate himself, who told NBC he believes Obama does understand the special relationship between the U.S. and Britain.
Both controversies threatened to overshadow a trip that Romney aides hoped would help the GOP candidate boost his credibility on foreign policy issues, an area where some believe his resume is lacking. The stir over Romney's Olympics comments could also undermine another goal of the trip: to call attention to Romney's successful stewardship of the Salt Lake City games.
Speaking to reporters outside No. 10 Downing Street, Romney did damage control, going on at length about the enthusiasm around the games and how well the games appeared to be organized.
"This is an indication of a community that will share in the Olympic experience, be unified and uplifted by it, and I am delighted," Romney said.
Source: http://news.yahoo.com/blogs/ticket/romney-under-fire-comments-london-olympics-160305180.html
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Police returned to the apartment of suspected Colorado shooter James Holmes to search for more evidence as relatives of the victims make plans for funerals. NBC's Miguel Almaguer reports.
By Vignesh Ramachandran
Around the country, funeral and memorial services are being arranged for those killed in Friday's movie theater shooting in Aurora, Colo., as families and friends grieve and find ways to honor their loved ones.
Among the victims: a hockey blogger, a military veteran with two young children and an aspiring art teacher.
In Aurora,?a candlelight vigil for the victims was held Sunday night, with family and friends of the victims in attendance.
Jordan Ghawi, the brother of 24-year-old aspiring sportscaster Jessica Ghawi, wrote on his blog Monday?that a memorial service for Jessica will be at 10 a.m. Saturday in San Antonio at the Community Bible Church. Her body will be cremated in Denver, before being flown back to Texas ? the state where she spent most of her life.
Related: Miracle baby of the Aurora tragedy
Matt McQuinn, 27, died from injuries he sustained while trying to shield his girlfriend, Jessica Yowler, from bullets in the movie theater.?According to the Springfield News-Sun, a visitation will take place from 2 to 4 p.m. and 6 to 8 p.m. Friday at the Maiden Lane Church of God in Springfield, Ohio. A fund to help offset costs for these arrangements is set up at that church. On Saturday, his funeral is at 10 a.m. and burial is at Lawrenceville Cemetery in Clark County, Ohio.
Services for Micayla Medek, 23, take place this week, a family spokesperson said. A viewing is 2 to 9 p.m. Wednesday?at the Newcomer Funeral Home & Crematory at 190 North Potomac in Aurora. The service for Medek will be at 11 a.m. Thursday at the New Hope Baptist Church at 3701 Colorado Boulevard in Denver.?A memorial fund also was set up: the Micayla Medek Memorial Fund at the Fitzsimons Credit Union (800-919-2872).
The family of John Larimer, 27, has not be able to make funeral arrangements yet, because they're not sure when his body will be released, father Scott Larimer told the Chicago Sun-Times?on Monday.
"While we are overwhelmed by pain by this terrible loss, we are mindful of the other 11 families mourning the loss of another promising, wonderful young person, and the?dozens of other families at the bedside of their injured loved one, hoping, praying they recover fully," Larimer's aunt, Karen Lavin, said in a statement to the Northwest Herald?? a newspaper in Larimer's hometown of Crystal Lake, Ill. "None of us will ever fully recover from such a terrible loss,?the senseless, brutal actions that in just seconds took so many, so much away from us."
It was Alex Sullivan's 27th birthday on Friday, when he fell victim to the gunfire. Christine Turner, the Sullivan family's spokesperson, told NBC News on Monday that the family is still determining plans for a memorial service.
Shelly Fradkin, the mother of one of Sullivan's good friends, spoke to the Longmont Times-Call: "We're shocked. We're numb. We're sick," Fradkin said. "Our hearts are broken, and we're crushed."
Alex Teves, 24, was shielding his girlfriend from the flying bullets.
"You're talking about probably one of the best people on Earth, and he can't be replaced," father Tom Teves told Denver's NBC-affiliate, KUSA. "He can't be replaced for our family. He can't be replaced in society. We're going to miss him terribly. We love him. We know he's in Heaven. We know he's going to be ok. We're the ones who're going to suffer."
The Teves family is planning memorial services in Arizona and New Jersey.
Related: 6-year-old girl, sailor, aspiring broadcaster among Colorado shooting victims
Jonathan Blunk, 26, also passed while attempting to shield his girlfriend. Chantel Blunk, his estranged wife, told NBC News from Reno, Nev.: "He wanted to die a hero." She said there are plans to bring his body home to Reno, and has set up an account through Wells Fargo to raise funds to offset the funeral and transportation expenses. Blunk will be buried with military honors.
Us Air Force / AP
Jesse Childress, 29, threw himself in front of a friend during the gunfire. Originally from the Palmdale, Calif.-area, Childress was an Air Force reservist on active duty and stationed at Buckley Air Force Base in Aurora.
Air Force Chief Master Sgt. Schwald told The Denver Post on Saturday: "He was a huge part of our unit, and this is a terrible loss. The person that did this was an incredible coward."
Alexander Jonathan "AJ" Boik, 18, had plans to attend art school, become an art teacher and open his own studio. A spokesperson for Aurora Public Schools, where Boik was a recent graduate of Gateway High School, said there was a private memorial service Monday.
Rebecca Ann Wingo, 32, was originally from Quinlan, Texas. Father Steve Hernandez wrote on his Facebook page on Saturday:?I lost my daughter yesterday to a mad man, my grief right now is inconsolable, I hear she died instantly, without pain, however the pain is unbearable." A college fund has been set up for Wingo's two daughters at the Nebraska Educational Savings Trust, according to KUSA.
Gordon W. Cowden?was the oldest victim at age 51. In a statement to reporters cited in the Austin American-Statesman, his family stated: "A quick witted world traveler with a keen sense of humor, he will be remembered for his devotion to his children and for always trying his best to do the right thing, no matter the obstacle."
Veronica Moser-Sullivan?was the youngest victim at age 6. Her father, Ian Sullivan, told KUSA, "She's always been a free-spirited child."
As of Tuesday, a fund for all the victims and families of the tragedy has reached $2 million, KUSA reported. People can donate online at GivingFirst.org.
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Count Michael Bloomberg as someone who doesn't think any lives would have been saved inside an Aurora, Colorado movie theater last Friday if MORE people had been carrying guns.
During an appearance on Face the Nation, the NYC Mayor was asked about remarks made by a Texas Congressman in which Louie Gohmert speculated that James Holmes could have been stopped and fewer people killed/injured if only movie goers had been "carrying."
Bloomberg's responded by basically making like Seth Meyers and asking: REALLY?!? You really think it will be safer to create a "wild west" like country where every other person is holding a weapon?
In the wake of the massacre, many celebrities took to Twitter and also called on Obama/politicians to crack down on gun control. The President has made no attempt to do so during his time in office so far.
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On Friday, July 20, the Federal Circuit heard oral arguments in the remand of the AMP et al. v. USPTO et al. appeal ? the case better known as the Myriad Genetics ?gene patent? case. The supplemental briefing in this case, and the oral argument itself, continue to reveal how those with diverse perspectives on DNA patents misunderstand each other. Scientists are making dubious assumptions about the operation of patent law. Patent lawyers are making inaccurate assumptions about how the science works. And those who are neither patent lawyers nor scientists just go by what they?ve been told. The Department of Justice?s (DOJ) supplemental amicus brief and oral argument in this case are a good example of the widening disconnect.
?Kitschy, Not Catchy?
Readers will recall that this is not the first time DOJ appears in this case. Two years ago when the Myriad case first reached the Federal Circuit, DOJ filed an unsolicited brief, replete with hypothetical examples of elemental lithium, cotton, coal, isolated electrons, and other things having nothing to do with molecular biology, siding in part with the American Civil Liberties Union (ACLU), and arguing that Myriad?s claims to BRCA-encoding DNA molecules are patent-ineligible under Section 101.
Effectively, DOJ was urging reversal of longstanding policy under which the U.S. government for decades has been granting (and seeking) patents on preparations of human, animal, plant, and microbial genetic materials. DOJ?s 2010 brief did not explain any reason for such a reversal, especially in the face of interagency dissent ? no intervening change in the law, no change in economic reality, not even an overt change in official government policy.? And to highlight its interest, in a first for the Federal Circuit, DOJ dispatched none other than the acting Solicitor General of the United States, to deliver an oral argument about cotton, magic microscopes, and, yes, more lithium. ?Kitschy, not catchy.? If comments from the bench and the ensuing decision are any indication, at least a majority of the Federal Circuit panel was decidedly unimpressed.
All Tied Up
No wonder then that DOJ would scour the Supreme Court?s Mayo opinion for something ? anything ? that would vindicate its prior position. Mayo didn?t say anything about a magic microscope, not even implicitly. Accordingly, this sophisticated legal tool (?? if you could see it in nature, then it?s a product of nature ??) was downgraded to the status of ?helpful metaphor? during re-argument on July 20.
Clearly, a different concept was needed to help DOJ protect the public from those who would seek patents on lithium, coal, pine needles and DNA molecules. In DOJ?s supplemental brief, we accordingly read that higher authority at the Supreme Court has indeed, albeit in the form of indirect guidance, given us the principle that will allow us to decide the Myriad case: ?tying up.?
DOJ is serious about ?tying up.? Its brief repeats the phrase at least six times over two paragraphs, for emphasis. The plain logic goes like this: If a claim to an isolated natural substance ties up too many activities that would need to be undertaken to study or use the natural product itself, then the claim is unpatentable under Section 101:
?Mayo suggests that a court should ask whether a patent on the claimed composition has the practical effect of preempting the public?s ability to use the product of nature itself. Issuance of a patent should leave others free to study and exploit the natural substance and to devise other alterations to it. If it does not, that is a strong indication that the differences between the claimed composition and the product of nature are insufficient to render the composition patent-eligible.?
DOJ goes on to announce the applicable rule:
?[P]atents on isolated but otherwise unmodified DNA would significantly impair the public?s ability to study and make use of genomic DNA. ? [A]s is true in many fields, removing the product of nature from its natural surroundings is a prerequisite to any serious study or commercial exploitation of native DNA. If the process of removing the product from its natural environment necessarily results in creation of the patented composition (and thus in infringement of the patent) ? as is the case here ? the patent on the composition is in practical effect a patent on the product of nature itself.?
In other words, DOJ proposes a theory of patent-eligibility that focuses not on the objective differences between the claimed composition and the natural thing, but that instead turns on the activities that would infringe the composition-of-matter claim. If the study or exploitation of the natural substance would necessarily infringe the claim, then that claim is unpatentable under Section 101.
Conflation Plus
At its heart, the DOJ patent-eligibility test is thus like an infringement analysis ? only worse, because there is no actual, accused infringing conduct on which the claim could be read. Instead, the test relies on vague activities that might be undertaken by would-be infringers, for various hypothetical purposes (?serious study?) diverse modes of ?commercial exploitation?), using existing or future techniques. If the Supreme Court could be faulted in Mayo for conflating patent-eligibility under section 101 with novelty and nonobviousness under sections 102 and 103, then DOJ can be faulted for further conflating validity with infringement.
On a more practical level, DOJ?s proposed test is really impossible to apply absent a firm grasp of the kinds of activities that would supposedly infringe such a claim, as well as a proper claim construction. In this way, the government?s brief forces us to make explicit our assumptions about the underlying technology, and about what we believe to be actually covered by these claims.
Let?s take two of the claims in this case as an example:
1. An isolated DNA coding for a BRCA1 polypeptide, said polypeptide having the amino acid sequence set forth in SEQ ID NO:2.
5. An isolated DNA having at least 15 nucleotides of the DNA of claim 1.
Under DOJ?s proposed test, claim 1 to a functional, full-length BRCA1-encoding isolated DNA would be patent-ineligible. DOJ?s brief tells us that the claim just ties up too much ? that it would necessarily be practiced by someone engaging in ?serious study? or ?commercial exploitation? of the natural gene.
Says who? As I understand it, that?s very much an open question ? do scientists wanting to study or commercially exploit the natural BRCA gene necessarily have to make or use such an isolated molecule? What if I told you that it is possible ? even routine ? to study any given gene by replicating and sequencing only the gene?s? constituent pieces and ?assembling? the claimed full-length gene only in a computer? If the court were to find that it is readily possible to study a natural gene without having to make or use an isolated full-length DNA copy of it, then such a claim should be patent-eligible. But if not, then not. Either way, under DOJ?s proposed test, fact-checking really matters. In order to apply DOJ?s test the court would have to find a number of case-dispositive facts, but how is the court supposed to do so, without a developed record on the matter? Can such facts even be found in a necessarily hypothetical world of ?serious studies? or ?commercial exploitation? that someone might want to undertake today or in the future, using present or future techniques?
Now let?s take claim 5, ?an isolated DNA having at least 15 nucleotides of the DNA of claim 1.? Let?s assume, for the sake of argument, that it would be much harder to avoid infringement of that ?gene fragment? claim if someone wanted to undertake ?serious study? of the BRCA1 gene. The court could apply DOJ?s test, determine that scientists don?t have to work with full-length isolated copies of the gene, but that they have to work at least with gene fragments, and find that claim 5, but not claim 1, would necessarily be infringed by serious study of the natural BRCA1 gene. That result is entirely possible under DOJ?s test. The absurd outcome would be that claim 5 claims an unpatentable product of nature, but that claim 1 doesn?t. ?Yet how can an isolated gene fragment be an unpatentable ?product of nature? when an isolated full-length gene is not?
Lost in the Time Warp
The Supreme Court in Mayo has planted, at least in my mind, the psychedelic thought that a process can be patent-eligible at some point in time, and become patent-ineligible later because claim steps eventually become ?routine,? ?conventional,? and ?well-understood,? such that the process could no longer be said to embody an ?inventive concept.? That would be a strange inquiry, but at least it can be conducted at a fixed point in time, presumably at the time of the invention.
Not so for DOJ?s tying up test. Because of the test?s close relatedness to an infringement analysis, it would presumably be conducted in the present. After all, DOJ is concerned about uses that are supposedly tied up today and in the future ? not about uses that were tied up at the time of the invention but no longer are today. For example, under DOJ?s theory, a claim to an isolated substance could be invalid under section 101 in one year because existing technology does not then permit any study or exploitation of the naturally-occurring substance without infringing the claim. If science the next year develops new analytical techniques that enable the study or exploitation of the natural substance without tediously having to isolate it, well, then, that claim would become patent-eligible again. I find it downright trippy, to think of issued claims phasing in and out of patent-eligibility that way. Maybe I need some lithium.
Something Funky
To its credit, DOJ doesn?t rely entirely on reading chicken entrails in the Supreme Court?s Mayo opinion. There is good authority there as well, such as Diamond v. Chakrabarty. We are told that Chakrabarty is consistent with DOJ?s tying-up test because the claim to Chakrabarty?s oil-eating bacterium left the public free to study the underlying natural bacteria, or the natural plasmid DNA that was used in that invention. Accordingly, the Supreme Court held the claim patent-eligible under section 101. So far so good.
But let?s take a look at another favorite, the 1948 Supreme Court decision of Funk Bros. v. Kalo, often discussed in the context of the Myriad case. In that decision, the Supreme Court struck down a claim to an agricultural inoculant comprising multiple selected Rhizobium bacteria, for use in cultivating leguminous plants. Before Funk?s invention, farm supply stores had to stock separate inoculants for clover, beans, sweet peas, alfalfa, soybeans etc, because each crop required a different beneficial root nodule bacterium for nitrogen fixation. And these different bacteria were believed to be incompatible with each other, so that they could not be mixed in one convenient package. The inventor found that carefully selected strains could indeed be combined into one handy inoculate that would work on most legumes.
In the Supreme Court, the claim to an ?inoculant? containing an aggregation of different naturally-occurring bacteria was struck down for lack of ?invention or discovery? under the pre-1952 Act (it was later, in Chakrabarty, recast in terms of Section 101). But if the claim was patent-ineligible, it could not have been because it ?tied up? too much. In fact, Funk?s claim tied up very little, because farmers were free to continue spraying the exact same bacteria separately, like they?d always done. Justice Douglas even tells us that farmers could have bought six different inoculants for six different crops instead of one convenient package of the Funk inoculant. So if ?tying up? were the Supreme Court test for patent-eligibility, the Funk Bros. claim should have passed muster ? it was no more or less preemptive than Chakrabarty?s claim.
?A Waste Of Time And Space?
I have often wondered why the DOJ showed up out of nowhere two years ago, and started pressing legal theories that are contrary to decades of U.S. government policy and established patent law, and that would potentially invalidate thousands of patents to DNA molecules, enzymes, flavorants, pigments, dyes, fermentation products, fragrances, fungal antibiotics, and other naturally-sourced substances. To me, the low point during oral argument on July 20th was when Melissa Patterson from DOJ?s civil appellate division stated, on behalf of the U.S. government, that settled, investment-backed expectations just don?t carry any weight in a case like this. That it is ?the principle? that governs.
It is impossible to predict what the Federal Circuit will do with the proposed ?preemption? test for section 101 patent-eligibility. During oral argument, none of the three judges on the panel displayed much interest in the concept. When Chris Hansen for ACLU began to talk about the preemptive scope of Myriad?s DNA molecule claims, he was told ? figuratively speaking ? that he could use his argument time more productively (comment from the bench: preemption is ?a waste of time and space?). Melissa Patterson for DOJ was likewise redirected from a discussion of ?preemption? into other questions involving interagency dissent, the applicability of Mayo, and the utilities and qualities of the claimed DNA molecules.
So maybe the Federal Circuit won?t find ?preemption? to be useful in deciding this appeal; we?ll know soon enough. I, for one, can?t make sense of the DOJ?s fixation on ?tying up.? In Flook, the Supreme Court made clear that a claim?s patent-eligibility does not turn on the range of uses that are preempted versus those that remain in the public domain. Even in Mayo, the Supreme Court discussed preemption explicitly only as an underlying policy concern, as a justification for an outcome that, to the Court, seemed right and just ? not as a test that distinguishes a ?law of nature? from a man-made process. By elevating ?tying up? to the status of an actual analytical tool, DOJ proposes an unworkable test that fails to distinguish ?products of nature? from man-made inventions and leads to absurd outcomes. It asks the Federal Circuit to rely on asserted facts and unstated claim constructions. It requires strained interpretations of leading precedent. It is evasive and avoids the hard work of construing the claims and applying them to the activities believed to be ?tied up? ? lawyer work that, if undertaken, may or may not show that the preemptive scope of these claims isn?t all it?s trumped up to be.
PLEASE NOTE: The views expressed in this article are solely those of the author and should not be attributed to BIO or any of its members.
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We're getting a flood of reports from many of you that iMessage is down and you can't send or receive messages over Apple's network. Unlike iCloud, Apple doesn't provide a specific iMessage status page, so it's hard to tell how wide spread the issue is, how critical any failure might have been, or project how long it might last.
The pattern seems sporadic and the issues inconsistent, and it's working fine for me and the rest of iMore right now. If you are have problems with iMessage, however, please let us know when it started, where you are, and when it starts working for you again.
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Source: http://feedproxy.google.com/~r/TheIphoneBlog/~3/NgrvHzFtIhY/story01.htm
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AURORA, Colo. (AP) ? This was to be a weekend full of fun for Alex Sullivan: He planned to ring in his 27th birthday with friends at a midnight showing of "The Dark Knight Rises" and then celebrate his first wedding anniversary on Sunday.
Instead, Sullivan's family confirmed late Friday that he was among those killed in a deadly shooting rampage in suburban Denver. He was in the crowded theater when a gunman barged in at the beginning of the movie, set off a gas canister and began firing as spectators dove for cover.
"He was a very, very good young man," said Sullivan's uncle, Joe Loewenguth. "He always had a smile, always made you laugh. He had a little bit of comic in him. Witty, smart. He was loving, had a big heart."
Micayla Medek, 23, was also among the dead, her father's cousin, Anita Busch, told the Associated Press.
Busch said the news, while heartbreaking, was a relief for the family after an agonizing day of waiting for news.
"I hope this evil act ... doesn't shake people's faith in God," she said.
A sports blogger who recently wrote of surviving a Toronto shooting was also among those killed, the woman's brother said.
The death of Jessica Ghawi, who was also known as Jessica Redfield, was a "complete and utter shock, said her brother, Jordan Ghawi.
Aurora Police Chief Dan Oates said at a press conference that in addition to the 12 dead, 70 were injured, but not all were shot. Eleven remained in critical condition.
Oates said the last of the 10 deceased victims was removed from the theater Friday afternoon. Officers expected to get a list of the deceased and meet with their families later Friday.
In addition to the 10 people who died at the theater, two others later died from their injuries.
Jordan Ghawi said on his website that a man who was with his sister at the theater described the chaos, saying he and Jessica Ghawi dropped to take cover when the gunman first started shooting. Jessica Ghawi was shot in the leg, her brother wrote, describing details relayed to him by a man identified as a mutual friend named Brent.
Jessica Ghawi began screaming when she was shot, and the friend tried to calm her and stop the bleeding, according to Jordan Ghawi. The man was then shot, but he continued attending to Jessica Ghawi's wound before he realized she had stopped screaming, Jordan Ghawi stated. The man said Jessica Ghawi had been shot in the head.
Jordan Ghawi said the friend escaped the theater after being shot twice, but he was expected to survive. Jordan Ghawi praised the man, saying his "actions are nothing but heroic."
Jessica Ghawi, 24, moved to Denver from Texas about a year ago, and friends and colleagues described her as outgoing, smart and witty.
"She was always kind of a sponge as far as how she could be an even better journalist and sports broadcaster," said Peter Burns, a radio sports show host with Mile High Sports Radio in Denver, where Ghawi recently interned.
Ghawi blogged at length about surviving the Eaton Centre mall shooting in Toronto that killed two people and sent several others to the hospital. Burns and his girlfriend, Lauren Anuskewicz, said the blog reflected everything she told them.
"She was like, 'You guys would never believe what happened,'" Anuskewicz said.
Ghawi wrote of the Toronto shooting: "I was shown how fragile life was on Saturday. I saw the terror on bystanders' faces. I saw the victims of a senseless crime. I saw lives change. I was reminded that we don't know when or where our time on Earth will end. When or where we will breathe our last breath."
Anuskewicz said Ghawi had been in Toronto visiting a boyfriend and "it obviously was a very scary situation."
"And to be just so close to it," she added. "It's just impossible to imagine that not even a month and a half later this would happen, and she would be involved. It's just awful."
Yet, Burns said, Ghawi seemed more enlivened than intimidated by surviving that shooting. "After the Toronto incident, I think she even looked at that like, 'Hey, even after that, I'm able to pursue my dream," he said.
Burns said he was close to Ghawi's family. He moved to Denver from Texas a few years ago and talked with Ghawi about establishing a sports radio career there, he said.
Former colleague Mike Taylor, a sports host at KTKR-AM in San Antonio, described how she reluctantly changed her name for her career, taking the name "Redfield" as a play on her red hair because it was easier to say than her given name.
Jessica Ghawi was a prolific social media user under the new name.
Her last tweet, sent late Thursday, stated in all capital letters: "movie doesn't start for 20 minutes."
Source: http://news.yahoo.com/names-victims-emerge-colo-theater-rampage-052035147.html
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I applaud fellow long-distancers who managed to stay together in the olden days. ?I honestly wouldn't be able to do it without skype. ?We skype nearly every day and there's a constant flow of messages through facebook and email. ?Oh how dependent we've become on technology. ?Waiting weeks for snail mail? Now that's love and dedication. ?Did I mention I'm impatient?
As for us? We'll see how it goes after his first visit to the US in T-minus three weeks, and take it from there. ?Surprisingly this was his idea. ?I was a bundle of emotions and stress before he suggested this calm and mature outlook on our relationship. ?Of course, then my sister's reality check of the difficulty in obtaining a visa also helped me to understand the unclear status of our future. ?But that's just one of the many reasons I love her, she always tells me the ugly truth that I fail to see. ?The epitome of tough love =)
In the meantime, I'm counting down the days till I pick him up from the airport. ?Although these summer classes are really helping to pass the time. ?Modern Political Philosophy, anyone? ?Oh yeah, it's as fun as it sounds.
Source: http://meginvalencia.blogspot.com/2012/07/long-distance-relationships_20.html
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