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Ouellette v. Viacom International Inc.

Ouellette v. Viacom, No. 9:10-cv-00133. This case limited the claims that can be filed against service providers by establishing immunity for service providers' takedown of fair use material, at least from grounds under the DMCA; the court left open whether another "independent basis of liability" could serve as legal grounds for an inappropriate takedown. Thus, service providers can rest easier knowing that they do not have to do a fair use analysis of content suspected of infringing copyright; the court's opinion was noteworthy in its treatment of the American Disabilities Act. The court held that online service providers would not be held liable for failure to provide services for disabled persons unless the company maintained a physical structure equivalent to the website; the order enforcing this magistrate judge's determination came out the same day as Young v. Facebook on May 17, 2011. In oddly parallel decisions, each court found that the service providers were not places of public accommodation, so they did not have to meet the requirements of the ADA.

Thus, a company does not have to worry about its website being accessible to the disabled, unless its online business replicates a physical space. The case began, he claimed that Myspace had wrongfully taken down his homemade videos. Plaintiff asked for $9,999,000 in damages. Defendants replied. Plaintiff further alleged that the videos were fair use and that defendants' refusal to put them back up was in violation of the DMCA takedown provisions. Plaintiff alleged. 17 U. S. C. § 512 of the DMCA grants safe harbor to service providers that follow the DMCA's takedown procedure. The plaintiff sent counter notices to defendants that he alleged were complete except for minor errors due to his dyslexia, he contended that the failure to restore the videos shows a violation of the Americans with Disabilities Act by depriving him of his "right to fair access to'public accommodation.'". He claimed that these websites did not comply with the ADA by having text and formatting impossible for him to read as a dyslexic person in the Terms of Service.

He mentioned that there was no audio version to help him navigate either Myspace. The Court waived the normal fees for filing the action. Judges give a plaintiff in a proceeding without a lawyer the benefit of the doubt, but the plaintiff must still have a valid underlying cause of action; the court found fair use to be irrelevant to a determination of whether defendant violated the DMCA. According to 17 U. S. C. § 107, fair use is only an affirmative defense to a claim of copyright infringement. It is not an affirmative right. Thus, fair use does not protect the right to engage in any particular use of another's copyrighted material; the court found. The court reviewed the legislative history of Congress' enactment of the DMCA and found that the goal of the legislation was "to limit the liability of internet service providers, not to create liability that could not otherwise be imposed under existing law independent of the DMCA." The statutory intent is to make it easier for service providers to know what opens the door to lawsuits against them for infringement.

Additional liability opposes this stated goal. The safe harbor provision limits internet service providers' liability for copyright infringement; the court found. The safe harbor provision cannot be used as a premise for liability, because not meeting the safe harbor provision is not by itself sufficient for liability; the only affirmative cause of action in 17 U. S. C. § 512 is 512 which permits a claim for knowingly materially misrepresenting that a work is infringing. However, the defendants never made any determination of whether plaintiffs' videos constituted fair use, let alone knowingly made representations to the plaintiff that it was infringing. Thus, there was no underlying cause of action for the plaintiff's claims. 42 U. S. C. § 12182 of ADA provides that "No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, facilities, advantages, or accommodations of any place of public accommodation by any person who owns, leases, or operates a place of public accommodation."

However, the ADA does not apply to private websites that do not constitute "places of public accommodation." The court found that YouTube were not places of public accommodation. They were not actual, physical places, they did not have an equivalent actual, physical place beyond the web "where the public gets those goods or services". Thus, the court found; the plaintiff failed not just in establishing a connection between the defendants' internet services and a physical place, but failed to establish that the defendants had any physical location for making their services available at all. The court held that impeding access to an "online theater" is not an injury within the scope of the ADA. If the company does some business in person, its online site is not a place of public accommodation. Southwest Airlines' online site was earlier hel

Accel (venture capital firm)

Accel known as Accel Partners, is an American venture capital firm. Accel works with startups in seed and growth-stage investments; the company has offices in Palo Alto and San Francisco, with additional operating funds in London and China. Accel has funded technology companies including Facebook, Dropbox, Flipkart, Spotify, Braintree/Venmo, Vox Media, Lynda.com, Qualtrics, DJI, Jet.com, Ethos, GoFundMe, Vectra Networks Inc. FabHotels, BrowserStack, Vinculum Group and Egyptian Instabug. In 1983, Accel was founded by Jim Swartz; the co-founders developed the firm's "Prepared Mind" investment philosophy based on the Louis Pasteur quote "Chance favors the prepared mind.", which requires "deep focus" and a disciplined and informed approach to investing. In 2000, Accel entered a joint-venture with Kohlberg Kravis Roberts to form Accel-KKR a technology-focused private equity investment firm focused on control investments in middle-market companies. In 2001, Accel opened its London office as a separate fund, to invest in European technology companies, focusing on Series A and Series B investments.

Its European investments include Avito, BlaBlaCar, Deliveroo and Supercell, among others. In addition to Accel's continued investments in early-stage startups from the Accel early stage fund, the firm announced a $480 million growth fund in December 2008, focused on growth equity opportunities in information technology, the internet, digital media, networking and services. In March 2016, Accel raised $2 billion, $500 million for an early stage venture fund and $1.5 billion for growth investments. In April 2016, Accel raised a separate $500 million fund for investments in Israel. In November 2016, Accel's India arm closed its fifth fund with $450 million, about two years after closing its fourth fund with $325 million. Accel is a venture capital firm that concentrates on the following technology sectors: Consumer Infrastructure Media Mobile SaaS Security Customer care services Accel works with seed and growth-stage investments, its seed and early stage investments include Cloudera, Dropcam, Flipkart, Jet.com and Slack.

The firm’s growth capital investments focus on more developed companies that require a larger amount of capital to expand their business. Examples include DJI and Qualtrics. In May 2019 Accel closed $575 million investment round, which led to financing Series A of European and Israel startups; the round was the largest in the region and the total amount of funds managed by Accel reached $3 billion. Recent exits include: Arista Networks: IPO valuation of $2.7 billion in 2014 Atlassian: IPO valuation of $4.4 billion in 2015 Avito: acquired by Naspers for $1.2 billion in 2015 Braintree: acquired by PayPal for $800 million in 2013 Cloudera: IPO valuation of $2.3 billion in 2017 Despegar: IPO valuation of $1.97 billion in 2017 Etsy: IPO valuation of $1.78 billion in 2015 Facebook: IPO valuation of $104 billion in 2012 ForeScout: IPO valuation of $935+ million in 2017 Fusion-io: acquired by Sandisk for $1.1 billion in 2014 Iron Planet: acquired by Ritchie Bros. for $758.5 million in 2017 Jet: acquired by Walmart for $3.3 billion in 2016 Krux: acquired by Salesforce for $700 million in 2016 Lynda.com: acquired by LinkedIn at a $1.5 billion valuation in 2015 Legendary Pictures: acquired by Wanda Group for $3.5 billion in 2016 Rovio: IPO valuation of $1 billion in 2017 Supercell: acquired by Softbank for $5.5 billion in 2015 and acquired by Tencent for $8.6 billion in 2016 Trulia: IPO valuation of $448 million and acquired by Zillow for $3.5 billion in 2014 Facilio: financed for $6,4 million together with Tiger Global.

Accel's US fund is headquartered in Palo Alto, with offices in San Francisco, California. Accel's European fund is headquartered in London and Accel's India fund is headquartered in Bangalore, India. In addition to the U. S. Accel has investments across in France, Israel, New Zealand, Canada, Finland, India and more. Accel Crunchbase Profile

Xuanzhong Temple

Xuanzhong Temple is a Buddhist temple located in Jiaocheng County, China. After Ennin introduced Pure Land Buddhism to Japan, Xuanzhong Temple is regard as one of the cradles of Pure Land Buddhism in both Chinese Buddhism and Japanese Buddhism. Xuanzhong Temple was built in the 470s, in the Northern Wei dynasty, the construction took four years, lasted from 472 to 476. Tan-luan, founder of Pure Land Buddhism, settled at Xuanzhong Temple in his declining years, where he taught Pure Land school for many years, attracted large numbers of practitioners. In 619, namely the 5th year of Daye period in the Sui dynasty, Daochuo resided in Xuanzhong Temple and publicized Buddhism until his death in 645. In 635, in the Zhenguan era of the Tang dynasty, Emperor Taizong visited Xuanzhong Temple, he gave many priceless treasures to the temple and honored the name "Shibi Yongning Temple". In 812, Emperor Xianzong named it "Longshan Shibi Yongning Temple". In 1090, in the reign of Emperor Zhezong in the Song dynasty, a fire destroyed most of its buildings.

Monk Daozhen reconstructed the temple. In 1186, in the reign of Emperor Shizong in the Jin dynasty, the temple was demolished in a fire. Monk Yuanzhao rebuilt it. In 1238, the Emperor Taizong of Yuan dynasty changed its name to "Longshan Huguo Yongning Shifang Daxuanzhong Chan Temple", which known as "Xuanzhong Temple". Under the support of the Imperial court, abbot Huixin restored the temple and the temple had reached unprecedented heyday. During the Tongzhi and Guangxu periods of the Qing dynasty, Xuanzhong Temple became dilapidated for neglect; the local government began to rebuild the temple since 1954, only the Hall of Four Heavenly Kings preserves the original building of Ming dynasty. In 1983, Xuanzhong Temple was designated as a National Key Buddhist Temple in Han Chinese Area by the State Council of China. In November 2012, Xuanzhong Temple was categorized as an AAAA level tourist site by the China National Tourism Administration. Xuanzhong Temple is built along the up and down of mountains and divided into the central and west routes.

The entire temple faces south with the Hall of Four Heavenly Kings, Mahavira Hall, Hall of Seven-Buddha and Hall of Thousand-Buddha. The Hall of Four Heavenly Kings was built in 1605, in the late Ming dynasty, the oldest building in Xuanzhong Temple; the statues of Four Heavenly Kings are enshrined in the hall. The Mahavira Hall is the main hall in the temple, it is 20-metre wide. In the middle of the hall enshrine the Maitreya Buddha, the most feature of Xuanzhong Temple. On the walls are paintings of the Sixteen Arhats; the paintings of Tan-luan and Shandao is enshrined in the Hall of Guru, which were presented by the Japanese monk Sugawara Ekei in September 1957. The Hall of Seven-Buddha is for enshrining the statues of Seven-Buddha, they are Vipassī Buddha, Sikhī Buddha, Vessabhū Buddha, Krakucchanda, Koṇāgamana Buddha, Kassapa Buddha and Sakyamuni; the quadrilateral-shaped pagoda stands at a height of about 2.31-metre, built on a stone foundation. Zhang Yuhuan. " Blossoming Lotuses: Cradles of Schools of Buddhism in China" 第十一章《莲开朵朵:中国佛教宗派祖庭》.

《图解中国佛教建筑》. Beijing: Contemporary China Publishing House. ISBN 978-7-5154-0118-8

Frederick Law Olmsted Summer Home

The Frederick Law Olmsted Summer Home known as Felsted, is a historic house in the town of Deer Isle, Maine. It is located on the west side of the same-named island, south of the village of Sunset. Designed by William Ralph Emerson and built in 1897, it was for one year the summer home of the famous landscape architect Frederick Law Olmsted in a bid to improve his failing mental health. Olmsted retired and affected by senility, was committed McLean Hospital in Massachusetts, where he died in 1903; the house is a high-quality example of Shingle style architecture. The Olmsted house is perched on rocky crag above a cove on the west side of a peninsular lobe of Deer Isle south of the village of Sunset, it is a 2-1/2 story wood frame structure T-shaped, with a hip roof across its main block and a gable section that projects over the rocky shore. The house rests in part directly on the bedrock of the shore; the house is characterized by numerous porches, gables and projecting sections, with expansive use of windows to give fine views accorded by its location.

The impetus for the house's construction came from Frederick Law Olmsted's wife Mary. The Olmsted had traveled to England in a bid to combat his increasing senility, but he became depressed by the English climate. Mary asked their son Frederick Jr. to build them a summer retirement home in Maine. The younger Olmsted retained Boston architect William Ralph Emerson noted for his Shingle style designs and work in Maine, to design the house, built in 1897, his plans included landscape work, intended to stimulate the elder Olmsted's decreasing mental faculties. The Olmsteds moved in in 1897, but he was not happy, his condition continued to deteriorate; the following year he was committed to McLean Hospital in Massachusetts, where he died in 1903. National Register of Historic Places listings in Hancock County, Maine

Craig Allen (footballer)

Craig Allen is a former Guernsey association football striker who played professionally in the North American Soccer League and Major Indoor Soccer League. In 1979, the nineteen-year-old Allen came to California on vacation. While in California, he attended an open tryout with the California Surf of the North American Soccer League and gained a contract offer. Over three years, he played three NASL outdoor and two NASL indoor seasons with the Surf. In 1981, he moved to the New Jersey Rockets of the Major Indoor Soccer League. After one season, he moved to the Cleveland Force. In 1988, the Force lost to the San Diego Sockers in the MISL championship. In Jun 1988, the Force released Allen. By this time he scored 275 goals and added 180 assists with Cleveland. In March 1993, Allen scored a record 7 goals for Guernsey in their 10-0 win against Alderney in the semi-final of the Muratti Vase; this was his first Muratti-appearance since 1978.. Craig's son, Ross Allen, is a competitive footballer, was named Guernsey Football Association Division One Player of the Year for 2008-09.

He plays for Guernsey in the Isthmian League Division One South. In August 2011 he was scouted by Swindon Town. Allen's NASL/MISL statistics and photograph from nasljerseys.com