Thursday, May 31, 2007

A semi-tractor carrying 9,000 gallons (34,000 litres) of liquid butane overturned at the weekend on the United States highway 50 east of Salida, Colorado, rupturing the tank and spilling its contents.

The road was closed to traffic for 20 hours during one of the busiest times of the year, and traffic rerouted along a three-hour diversion route.

Colorado State Patrol reports state the driver, Roger Meely, 62, was hauling a pressurised tank full of butane when he lost control and crashed near Mile Marker 228. Colorado State Patrol Sgt. William Holt described the accident, “He lost control of the vehicle in the curves, veered across the lanes and rolled it.” Meely was treated and released from the Heart of the Rockies hospital in Salida after the crash, but escaped serious injury.

The truck rolled at about 6:50 p.m. six miles from Salida, prompting closure of the highway. Although the driver escaped unharmed, 10-15 homes and an unknown number of campsites along the Arkansas River were evacuated as fumes began to drift downstream towards the town of Swissvale. Rafters were ordered away from the area, but Hazmat crews were able to prevent butane from contaminating the river.

Emergency workers were forced to allow the butane to vent itself through the night. Capt. Jack Cowert of the Colorado State Patrol said, “I would say those of us on scene were surprised it didn’t explode.”

In total, the following organisations responded: the Colorado State Patrol Hazardous Materials Unit, South Arkansas Fire Protection District, Howard Volunteer Fire Department, Arkansas Valley Ambulance, Chaffee County Emergency Services, Alpine Towing and the Colorado Department of Transportation.

The driver either wasn’t paying attention or he was driving too fast

An attempt was made at 9:00 a.m. Monday to right the tanker and tow it away, but in the process of securing it to the tow truck it slipped and a dolly axle buckled, further lengthening the delay.

The road was not reopened until 3:10 p.m. Monday. Sheila Johnson, a flagger working for Alpine Towing, later said of the commuters affected that they were mostly understanding, saying of them, “For the most part people were pretty good about the road being closed,”.

Holt blamed the driver for the accident, saying he “will be cited for something,” and that “anytime a crash like this happens, the driver either wasn’t paying attention or he was driving too fast.” It was later determined that the driver’s excessive speed was to blame. He was ultimately charged over the incident.

The incident sparked a full review evaluating the emergency response, which included about ten agencies.

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Friday, December 12, 2008

A US$14 billion bailout package deal for the “Big Three” United States automakers — Chrysler, Ford, and General Motors — has been rejected in the United States Senate after failing a procedural vote.

The bill was rejected after bipartisan discussions on the bailout broke down when Republican Party leaders insisted that the United Auto Workers (UAW) union agree to increase wage cuts by next year in order to bring their pay into line with those of Japanese automobile companies in the United States. The UAW refused to meet the demands.

The final vote count in the Senate was 52-35, eight short of the 60 needed to pass. Only ten Republicans joined forty Democrats and two independents in voting for the bill. Three Democrats voted with thirty-one Republicans against it.

Senate Majority leader Harry Reid said that he was “terribly disappointed” by the failure of the bill to pass. “I dread looking at Wall Street tomorrow. It’s not going to be a pleasant sight,” Reid said. “Millions of Americans, not only the auto workers but people who sell cars, car dealerships, people who work on cars are going to be directly impacted and affected.”

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Republican Senator Bob Corker was also unhappy about the rejection. “We were about three words away from a deal. We solved everything substantively and about three words keep us from reaching a conclusion,” he said.

Some Democrats now want U.S. President Bush to reserve a portion of the $700 billion bailout package earmarked for Wall Street to assist the flagging car industry.

Stock markets worldwide fell dramatically on the news, with Japan’s Nikkei average losing 484.68 points, or 5.6 percent, reaching a level of 8253.87 points. Shares in the auto companies Toyota, Nissan and Honda all dropped by no less than 10 percent apiece. European stocks, such as those in the United Kingdom and Germany, also lost ground, with the FTSE-100 index of leading shares falling 176.3 points to a level of 4,211 at midday.

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See the discussion page for instructions on adding schools to this list and for an alphabetically arranged listing of schools.

Due to the damage by Hurricane Katrina and subsequent flooding, a number of colleges and universities in the New Orleans metropolitan area will not be able to hold classes for the fall 2005 semester. It is estimated that 75,000 to 100,000 students have been displaced. [1]. In response, institutions across the United States and Canada are offering late registration for displaced students so that their academic progress is not unduly delayed. Some are offering free or reduced admission to displaced students. At some universities, especially state universities, this offer is limited to residents of the area.

Contents

  • 1 Overview
  • 2 Louisiana
  • 3 Maine
  • 4 Maryland
  • 5 Massachusetts
  • 6 Michigan
  • 7 Minnesota
  • 8 Mississippi
  • 9 Missouri
  • 10 Montana
  • 11 Nebraska
  • 12 Nevada
  • 13 New Hampshire
  • 14 New Jersey
  • 15 New Mexico
  • 16 New York
  • 17 North Carolina
  • 18 North Dakota
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Wednesday, December 16, 2009

A report published last week in the Toronto Star by Professor Michael Geist of Canada’s University of Ottawa claims a copyright case under the Class Proceedings Act of 1992 may see the country’s largest players in the music industry facing upwards of C$6 billion in penalties.

The case is being led by the family and estate of the late jazz musician Chet Baker; moving to take legal action against four major labels in the country, and their parent companies. The dispute centres around unpaid royalties and licensing fees for use of Baker’s music, and hundreds of thousands of other works. The suit was initially filed in August last year, but amended and reissued on October 6, two months later. At that point both the Canadian Musical Reproduction Rights Agency (CMRRA) and Society for Reproduction Rights of Authors (SODRAC) were also named defendants.

January this year SODRAC and CMRRA switch sides, joining Baker et al. as plaintiffs against Sony BMG Music, EMI Music Canada, Universal Music Canada and Warner Music Canada. David A. Basskin, President and CEO of CMRRA, with a professional law background, stated in a sworn affidavit that his organisation made numerous attempts over the last 20 years to reduce what is known as the “pending list”, a list of works not correctly licensed for reproduction; a list of copyright infringements in the eyes of the Baker legal team.

The theoretical principle of the list is to allow timely commercial release while rights and apportionment of monies due are resolved. Basskin complains that it is “economically infeasible to implement the systems that would be needed to resolve the issues internally”. And, “[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.”

The Baker action demands that the four named major labels pay for and submit to an independent audit of their books, “including the contents of the ‘Pending Lists'”. Seeking an assessment of gains made by the record companies in “failure or refusal to compensate the class members for their musical works”, additional demands are for either damages and profits per the law applicable in a class action, or statutory damages per the Copyright Act for copyright infringement.

[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.

This forms the basis for Professor Geist’s six billion dollar calculation along with Basskin’s sworn testimony that the pending lists cover over 300,000 items; with each item counted as an infringement, the minimum statutory damages per case are CA$500, the maximum $20,000.

Basskin’s affidavit on behalf of CMRRA goes into detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin’s affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the “majors'” industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a “code of conduct”. Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin asserts that the named record company defendants are the “major” labels in Canada and states they “are also responsible for creating, maintaining and administering the so-called “Pending Lists” that are the subject of the current litigation”; that, specific to publishing, divisions of the four represent the “‘major’ music publishers active in Canada”. Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist summarizes the record company strategy as “exploit now, pay later if at all”. This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a “label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA.” The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989, thus:

[…I]n the early years of my tenure, CRMMA received Pending Lists from the record labels in the form of paper printouts of information. The information contained on these lists varied from record label to record label, [… i]n fact, within a few days after my arrival at CMRRA, I recall my predecessor, Paul Berry, directing my attention to a large stack of paper, about two feet high. and informing me that it was PolyGram’s most recent Pending List. Prior to that introduction I had never heard of Pending Lists.

Alain Lauzon, General Manager of Canada’s Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) submitted his followup affidavit January 28, 2009 to be attached to the case and identify the society as a plaintiff. As such, he up-front states “I have knowledge of the matters set out herein.” Lauzon, a qualified Chartered Accountant with an IT specialisation, joined SODRAC in 2002 with “over 20 years of business experience.” He is responsible for “negotiation and administration of industry-wide agreements for the licensing of music reproduction and distribution”; licensing of radio and online music services use is within his remit.

Lauzon makes it clear that Baker’s estate, other rightsholders enjoined to the case, SODRAC, and CMRRA, have reached an agreed settlement; they wish to move forward with a class proceeding against the four main members of the CRIA. He requests that the court recognise this in relation to the initially accepted case from August 2008.

The responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.

The preamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of “pending lists” and that “[…] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem.”

With his background as an authority, Lauzon states with confidence that SODRAC represents “approximately 10 to 15% of all musical works that are reproduced on sound recordings sold in Canada.” For Quebec the figure is more than 50%.

Lauzon agrees that the four named record company defendants are the “major” labels in Canada, and that smaller independent labels will usually work with them or an independent distribution company; and Basskin’s statement that “[t]he responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.”

Wikinews attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that Wikinews sent to Warner Brothers Canada forwarded our initial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth responded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

I am aware of another viewpoint that provides a reasonably deep explanation of the facts, at www.barrysookman.com. If you check the bio on his site, you’ll see that he is very qualified to speak on these issues. This may answer some of your questions. I hope that helps.

Sookman is a lobbyist at the Canadian Parliament who works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or “very qualified” in the way he speaks on the issue.

Sookman’s blog post opens with a blast at Professor Geist: “his attacks use exaggeration, misleading information and half truths to achieve his obvious ends”. Sookman attempts to dismiss any newsworthiness in Geist’s article;

[… A]s if something new has happened with the case. In fact, the case was started in August 2008 (not October 2008 as asserted by Prof. Geist). It also hasn’t only been going on “for the past year”, as he claims. Chet Baker isn’t “about to add a new claim to fame”. Despite having started over a year and a half ago, the class action case hasn’t even been certified yet. So why the fervour to publicise the case now?
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As the extracted [see right] stamp, date, and signature, shows, the court accepted amendments to the case and its submission, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC’s Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog’s sitemap reveals he wrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

Prof. Geist tries to taint the recording industry as blatant copyright infringers, without ever delving into the industry wide accepted custom for clearing mechanical rights. The pending list system, which has been around for decades, represents an agreed upon industry wide consensus that songwriters, music publishers (who represent songwriters) and the recording industry use and rely on to ensure that music gets released and to the market efficiently and the proper copyright owners get compensated.

This characterisation of the pending list only matches court records in that it “has been around for decades”. CMRRA’s Basskin, a lawyer and industry insider, goes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and accrued interest.

What Sookman clearly overlooks is that, without factoring in any interest amounts, the dollar value of the pending list is increasing, as shown with the following two tables for mid-2008.

As is clear, there is an increase of C$1,101,987.83 in a three-month period. Should this rate of increase in the value of the pending list continue and Sony’s unvalued pending list be factored in, the CRIA’s four major labels will have an outstanding debt of at least C$73 million by end-2012 when the association’s Mechanical Licensing Agreement runs out.

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Friday, August 24, 2007

A two-year-old girl was found dead inside a car yesterday in Union Township, Clermont County, Ohio

The car was parked outside the Glen Este Middle School with all windows rolled up. High temperatures in the area reached 100ºF (~38ºC). Police said that the girl had been inside the car for hours before her death.

A friend of the family said the child was Cecelia Slaby, however police are not reporting any personal information.

The car was registered to the school’s vice principal, Brenda Nesselroad-Slaby. The school staff had to report to work to prepare for the start of school next week.

The family friend that identified the girl also told News 5 in Cincinnati that Nesselroad-Slaby was scheduled to attend a 7 a.m. meeting, but decided that was too early in the day to drop off Cecelia, so she ran several errands instead. The source said Cecelia likely fell asleep in the car and Nesselroad forgot about her when she did go to the school, as she usually does not care for the child in the morning. However, police have not released any specific details. The family friend described Nesselroad as “mother of the year.”

The National Highway Traffic Safety Administration says the temperature inside a closed vehicle setting in sunlight can raise nearly 20 Fahrenheit degrees (11 Celsius degrees) in just three minutes. Another three or four minutes, and the administration says a car’s temperature can reach 125ºF (~52ºC). Heatstrokes occur when the body reaches a temperature of 104ºF (40ºC).

No charges have been filed. An autopsy has been scheduled.

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Tuesday, November 27, 2007

The mascots of the 2010 Winter Olympics in Vancouver, British Columbia were just announced. Based on mythological characters, they are Miga, Quatchi and Sumi.

Miga, a sea bear who lives in the ocean with her family pod near Tofino, and Quatchi, a young sasquatch, represent the Olympics, while Sumi represents the Paralympics that follow afterward.

A sea bear is a First Nations creature, part killer whale, part Kermode spirit bear. While illustrated as being taller than the other characters, the mascot costume of Quatchi is the same height as the other two characters.

The third mascot, Sumi, an animal-guardian spirit, is a Thunderbird that wears the hat of an orca. Sumi will be the mascot of the Paralympics.

In 2004, the Times Colonist suggested a marmot might be a good mascot, except for their winter hibernation. The organizers still chose one, named Mukmuk, as their “virtual only” counterpart.

After the Olympic logo design was leaked the day before the 2005 announcement, organizers were extremely tight lipped until today’s news conference at a Surrey school. They apparently didn’t do any development on the characters on internet-enabled computers, to ensure the images or information wouldn’t slip out.

The characters were designed by the Vancouver and Los Angeles-based Meomi Design. Their characters have been used as part of iGoogle, a customizable homepage option from Google, as well as Electronic Arts, Girls Inc., Time Out Magazine, Cyworld, Nick Jr., Bang-on Clothing, and CBC4Kids.

The Vancouver organizers have a CDN$46-million merchandising program; previous Olympics have made as much as $100 million from mascot-related products.

René Fasel, Chairman of the International Olympic Committee’s (IOC) Coordination Commission commented that “The IOC welcomes these imaginative new additions to the Olympic Family as they take their place on the world stage today – a symbol of the Games and of Canada. We know that when Olympians, Paralympians and visitors from around the globe arrive in British Columbia at Games time, they will fall under the spell of these captivating characters.”

The characters first appearance will be at a Bay store in the Lower Mainland; HBC is a major sponsor of the Games. They will then make their way to schools, take a break through the Christmas season, and fly to Ottawa for the Winterlude festival.

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Sunday, January 2, 2011

A ban on smoking in public places has gone into force in Spain today. Bars, restaurants, and nightclubs will now be smoke-free across the country.

The Spanish government had introduced voluntary regulations on smoking in 2006 which allowed for venues to ban smoking, but few chose to do so. The 2006 law also banned smoking at workplaces.

Spain now joins Ireland, the United Kingdom, France, and Italy in banning smoking in enclosed public places.

Leire Pajin, the Spanish health minister, said the law marked “a decisive step in the defence of the health of the Spanish people”, but some industry representatives have expressed concern that business will go down following the ban.

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Wednesday, December 5, 2007

The weather satellite GOES-12, which provides most of the weather pictures for the United States, became unusable on Tuesday, December 4. The satellite is positioned in geostationary orbit over the Amazon. A normal station-keeping maneuver to adjust its location was not completed as usual and services could not be continued.

The National Oceanic and Atmospheric Administration (NOAA) operates the satellites for its National Weather Service (NWS). NOAA’s satellite division intends to attempt Wednesday night to return GOES-12 to normal mode. The satellite is in its “safe” mode, which is used to protect it until problems can be identified and repaired. It is properly oriented toward the Sun so it will have full electrical power for further commands.

The GOES-10 satellite, located slightly further east, has been taken from South American coverage and is providing North American service. GOES-13 is in orbital storage in case it is needed for replacing a failed satellite.

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Wednesday, October 3, 2007

Kristen Monster is running for the Family Coalition Party in the Ontario provincial election, in the Willowdale riding. Wikinews’ Nick Moreau interviewed her regarding her values, her experience, and her campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

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