Fluke, or, I Know Why the Winged Whale Sings Chapter 1~2

For Jim Darling, Flip Nicklin, and Meagan Jones: extraordinary people who do extraordinary work Fluke (flook) 1. A stroke of good luck 2. A chance occurrence; an accident 3. A barb or barbed head, as on a harpoon 4. Either of the two horizontally flattened divisions of the tail of a whale PART ONE The Song An ocean without its unnamed monsters would be like a completely dreamless sleep. – JOHN STEINBECK The scientific method is nothing more than a system of rules to keep us from lying to each other. – KEN NORRIS CHAPTER ONE Big and Wet Next Question? Amy called the whale punkin. He was fifty feet long, wider than a city bus, and weighed eighty thousand pounds. One well-placed slap of his great tail would reduce the boat to fiberglass splinters and its occupants to red stains drifting in the blue Hawaiian waters. Amy leaned over the side of the boat and lowered the hydrophone down on the whale. â€Å"Good morning, punkin,† she said. Nathan Quinn shook his head and tried not to upchuck from the cuteness of it, of her, while surreptitiously sneaking a look at her bottom and feeling a little sleazy about it. Science can be complex. Nate was a scientist. Amy was a scientist, too, but she looked fantastic in a pair of khaki hiking shorts, scientifically speaking. Below, the whale sang on, the boat vibrated with each note. The stainless rail at the bow began to buzz. Nate could feel the deeper notes resonate in his rib cage. The whale was into a section of the song they called the  «green » themes, a long series of whoops that sounded like an ambulance driving through pudding. A less trained listener might have thought that the whale was rejoicing, celebrating, shouting howdy to the world to let everyone and everything know that he was alive and feeling good, but Nate was a trained listener, perhaps the most trained listener in the world, and to his expert ears the whale was saying – Well, he had no idea what in the hell the whale was saying, did he? That's why they were out there floating in that sapphire channel off Maui in a small speedboat, sloshing their breakfasts around at seven in the morning: No one knew why the humpbacks sang. Nate had been listening to them, observing them, photographing them, and poking them with stick s for twenty-five years, and he still had no idea why, exactly, they sang. â€Å"He's into his ribbits,† Amy said, identifying a section of the whale's song that usually came right before the animal was about to surface. The scientific term for this noise was  «ribbits » because that's what they sounded like. Science can be simple. Nate peeked over the side and looked at the whale that was suspended head down in the water about fifty feet below them. His flukes and pectoral fins were white and described a crystal-blue chevron in the deep blue water. So still was the great beast that he might have been floating in space, the last beacon of some long-dead space-traveling race – except that he was making croaky noises that would have sounded more appropriate coming out of a two-inch tree frog than the archaic remnant of a superrace. Nate smiled. He liked ribbits. The whale flicked his tail once and shot out of Nate's field of vision. â€Å"He's coming up,† Nate said. Amy tore off her headphones and picked up the motorized Nikon with the three-hundred-millimeter lens. Nate quickly pulled up the hydrophone, allowing the wet cord to spool into a coil at his feet, then turned to the console and started the engine. Then they waited. There was a blast of air from behind them and they both spun around to see the column of water vapor hanging in the air, but it was far, perhaps three hundred meters behind them – too far away to be their whale. That was the problem with the channel between Maui and Lanai where they worked: There were so many whales that you often had a hard time distinguishing the one you were studying from the hundreds of others. The abundance of animals was a both a blessing and a curse. â€Å"That our guy?† Amy asked. All the singers were guys. As far as they knew anyway. The DNA tests had proven that. â€Å"Nope.† There was another blow to their left, this one much closer. Nate could see the white flukes or blades of his tail under the water, even from a hundred meters away. Amy hit the stop button on her watch. Nate pushed the throttle forward and they were off. Amy braced a knee against the console to steady herself, keeping the camera pointed toward the whale as the boat bounced along. He would blow three, maybe four times, then fluke and dive. Amy had to be ready when the whale dove to get a clear shot of his flukes so he could be identified and cataloged. When they were within thirty yards of the whale, Nate backed the throttle down and held them in position. The whale blew again, and they were close enough to catch some of the mist. There was none of the dead fish and massive morning-mouth smell that they would have encountered in Alaska. Humpbacks didn't feed while they were in Hawaii. The whale fluked and Amy fired off two quick frames with the Nikon. â€Å"Good boy,† Amy said to the whale. She hit the lap timer button on her watch. Nate cut the engine and the speedboat settled into the gentle swell. He threw the hydrophone overboard, then hit the record button on the recorder that was bungee-corded to the console. Amy set the camera on the seat in front of the console, then snatched their notebook out of a waterproof pouch. â€Å"He's right on sixteen minutes,† Amy said, checking the time and recording it in the notebook. She wrote the time and the frame numbers of the film she had just shot. Nate read her the footage number off the recorder, then the longitude and latitude from the portable GPS (global positioning system) device. She put down the notebook, and they listened. They weren't right on top of the whale as they had been before, but they could hear him singing through the recorder's speaker. Nate put on the headphones and sat back to listen. That's how field research was. Moments of frantic activity followed by long periods of waiting. (Nate's first ex-wife had once commented that their sex life could be described in exactly the same way, but that was after they had separated, and she was just being snotty.) Actually, the wait here in Maui wasn't bad – ten, fifteen minutes at a throw. When he'd been studying right whales in the North Atlantic, Nate had sometimes waited weeks before he found a whale to study. Usually he liked to use the downtime (literally, the time the whale was down) to think about how he should've gotten a real job, one where you made real money and had weekends off, or at least gotten into a branch of the field where the results of his work were more palpable, like sinking whaling ships – a pirate. You know, security. Today Nate was actively trying not to watch Amy put on sunscreen. Amy was a snowflake in the land of the tanned. Most whale researchers spent a great deal of time outdoors, at sea. They were, for the most part, an intrepid, outdoorsy bunch who wore wind- and sunburn like battle scars, and there were few who didn't sport a semipermanent sunglasses raccoon tan and sun-bleached hair or a scaly bald spot. Amy, on the other hand, had milk-white skin and straight, short black hair so dark that the highlights appeared blue in the Hawaiian sun. She was wearing maroon lipstick, which was so wildly inappropriate and out of character for this setting that it approached the comical and made her seem like the goth geek of the Pacific, which was, in fact, one of the reasons her presence so disturbed Nate. (He reasoned: A well-formed bottom hanging in space is just a well-formed bottom, but you hook up a well-formed bottom to a whip-smart woman and apply a dash of the awkward and what you've got yo urself is†¦ well, trouble.) Nate did not watch her rub the SPF50 on her legs, over her ankles and feet. He did not watch her strip to her bikini top and apply the sunscreen over her chest and shoulders. (Tropical sun can fry you even through a shirt.) Nate especially did not notice when she grabbed his hand, squirted lotion into it, then turned, indicating that he should apply it to her back, which he did – not noticing anything about her in the process. Professional courtesy. He was working. He was a scientist. He was listening to the song of Megaptera novaeangliae (â€Å"big wings of New England,† a scientist had named the whale, thus proving that scientists drink), and he was not intrigued by her intriguing bottom because he had encountered and analyzed similar data in the past. According to Nate's analysis, research assistants with intriguing bottoms turned into wives 66.666 percent of the time, and wives turned into ex-wives exactly 100 percent of the time – plus or minus 5 percent factored for post-divorce comfort sex.) â€Å"Want me to do you?† Amy asked, holding out her preferred sunscreen-slathering hand. You just don't go there, thought Nate, not even in a joke. One incorrect response to a line like that and you could lose your university position, if you had one, which Nate didn't, but still†¦ You don't even think about it. â€Å"No thanks, this shirt has UV protection woven in,† he said, thinking about what it would be like to have Amy do him. Amy looked suspiciously at his faded WE LIKE WHALES CONFERENCE 89 T-shirt and wiped the remaining sunscreen on her leg. † ‘Kay,† she said. â€Å"You know, I sure wish I could figure out why these guys sing,† Nate said, the hummingbird of his mind having tasted all the flowers in the garden to return to that one plastic daisy that would just not give up the nectar. â€Å"No kidding?† Amy said, deadpan, smiling. â€Å"But if you figure it out, what would we do tomorrow?† â€Å"Show off,† Nate said, grinning. â€Å"I'd be typing all day, analyzing research, matching photographs, filing song tapes –  » â€Å"Bringing us doughnuts,† Nate added, trying to help. Amy continued, counting down the list on her fingers, â€Å"- picking up blank tapes, washing down the trucks and the boats, running to the photo lab – ; â€Å"Not so fast,† Nate interrupted. â€Å"What, you're going to deprive me the joy of running to the photo lab while you bask in scientific glory?† â€Å"No, you can still go to the photo lab, but Clay hired a guy to wash the trucks and boats.† A delicate hand went to her forehead as she swooned, the southern belle in hiking shorts, taken with the vapors. â€Å"If I faint and fall overboard, don't let me drown.† â€Å"You know, Amy,† Nate said as he undressed the crossbow, â€Å"I don't know how it was at Boston doing survey, but in behavior, research assistants are only supposed to bitch about the humiliating grunt work and lowly status to other research assistants. It was that way when I was doing it, it was that way going back centuries, it has always been that way. Darwin himself had someone on the Beagle to file dead birds and sort index cards.† â€Å"He did not. I've never read anything about that.† â€Å"Of course you didn't. Nobody writes about research assistants.† Nate grinned again, celebration for a small victory. He realized he wasn't working up to standards on managing this research assistant. His partner, Clay, had hired her almost two weeks ago, and by now he should have had her terrorized. Instead she was working him like a Starbucks froth slave. â€Å"Ten minutes,† Amy said, checking the timer on her watch. â€Å"You going to shoot him?† â€Å"Unless you want to?† Nate notched the arrow into the crossbow. He tucked the windbreaker they used to  «dress » the crossbow under the console. It was very politically incorrect to carry a weapon for shooting whales through the crowded Lahaina harbor, so they carried it inside the windbreaker, making it appear that they had a jacket on a hanger. Amy shook her head violently. â€Å"I'll drive the boat.† â€Å"You should learn to do it.† â€Å"I'll drive the boat,† Amy said. â€Å"No one drives the boat.† No one but Nate drove the boat. Granted, the Constantly Baffled was only a twenty-three-foot Mako speedboat, and an agile four-year-old could pilot it on a calm day like today. Still, no one else drove the boat. It was a man thing, being inherently uncomfortable with the thought of a woman operating a boat or a television remote control. â€Å"Up sounds,† Nate said. They had a recording of the full sixteen-minute cycle of the song now – all the way through twice, in fact. He stopped the recorder and pulled up the hydrophone, then started the engine. â€Å"There,† Amy said, pointing to the white fins and flukes moving under the water. The whale blew only twenty yards off the bow. Nate buried the throttle. Amy was wrenched off her feet and just caught herself on the railing next to the wheel console as the boat shot forward. Nate pulled up on the right side of the whale, no more than ten yards away as the whale came up for the second time. He steadied the wheel with his hip, pulled up the crossbow, and fired. The bolt bounced off the whale's rubbery back, the hollow surgical steel arrowhead taking out a cookie-cutter plug of skin and blubber the size of a pencil eraser before the wide plastic tip stopped the penetration. The whale lifted his tail out of the water and snapped it in the air, making a sound like a giant knuckle cracking as the massive tail muscles contracted. â€Å"He's pissed,† Nate said. â€Å"Let's go for a measurement.† â€Å"Now?† Amy questioned. Normally they would wait for another dive cycle. Obviously Nate thought that because of their taking the skin sample the whale might start traveling. They could lose him before getting a measurement. â€Å"Now. I'll shoot, you work the rangefinder.† Nate backed off the throttle a bit, so he would be able to catch the entire tail fluke in the camera frame when the whale dove. Amy grabbed the laser rangefinder, which looked very much like a pair of binoculars made for a cyclops. By taking a distance measurement from the animal's tail with the rangefinder and comparing the size of the tail in the frame of the picture, they could measure the relative size of the entire animal. Nate had come up with an algorithm that, so far, gave them the length of a whale with 98 percent accuracy. Just a few years ago they would've had to have been in an aircraft to measure the length of a whale. â€Å"Ready,† Amy said. The whale blew and arched its back into a high hump as he readied for the dive (the reason whalers had named them humpbacks in the first place). Amy fixed the rangefinder on the whale's back; Nate trained the camera's telephoto on the same spot, and the autofocus motors made tiny adjustments with the movement of the boat. The whale fluked, raising its tail high in the air, and there, instead of the distinct pattern of black-and-white markings by which all humpbacks were identified, were – spelled out in foot-high black letters across the white – the words BITE ME! Nate hit the shutter button. Shocked, he fell into the captain's chair, pulling back the throttle as he slumped. He let the Nikon sag in his lap. â€Å"Holy shit!† Nate said. â€Å"Did you see that?† â€Å"See what? I got seventy-three feet,† Amy said, pulling down the rangefinder. â€Å"Probably seventy-six from where you are. What were your frame numbers?† She was reaching for the notebook as she looked back at Nate. â€Å"Are you okay?† â€Å"Fine. Frame twenty-six, but I missed it,† he lied. His mind was shuffling though a huge stack of index cards, searching a million article abstracts he had read to find some explanation for what he'd just seen. It couldn't possibly have been real. The film would show it. â€Å"You didn't see any unusual markings when you did the ID photo?† â€Å"No, did you?† â€Å"No, never mind.† â€Å"Don't sweat it, Nate. We'll get it next time he comes up,† Amy said. â€Å"Let's go in.† â€Å"You don't want to try again for a measurement?† To make the data sample complete, they needed an ID photo, a recording of at least a full cycle of the song, a skin sample for DNA and toxin figures, and a measurement. The morning was wasted without the measurement. â€Å"Let's go back to Lahaina,† Nate said, staring down at the camera in his lap. â€Å"You drive.† CHAPTER TWO Maui No Ka Oi (Maui Is the Best) At first it was that old trickster Maui who cast his fishing line from his canoe and pulled the islands up from the bottom of the sea. When he was done fishing, he looked at those islands he had pulled up, and smack in the middle of the chain was one that was made up of two big volcanoes, sitting there together like the friendly, lopsided bosoms of the sea. Between them was a deep valley that Maui thought looked very much like cleavage, which he very much liked. And so, to that bumpy-bits island Maui gave his name, and its nickname became â€Å"The Cleavage Island,† which it stayed until some missionaries came along and renamed it â€Å"The Valley Island† (because if there's anything missionaries do well, it's seek out and destroy fun). Then Maui landed his canoe at a calm little beach on the west coast of his new island and said to himself, â€Å"I could do with a few cocktails and some nookie. I shall go into Lahaina and get some.† Well, time passed and some whalers came to the island, bringing steel tools and syphilis and other wonders from the West, and before anyone knew what was happening, they, too, were thinking that they wouldn't mind a few cocktails and a measure of nookie. So rather than sail back around the Horn to Nantucket to hoist noggins of grog and the skirts of the odd Hester, Millicent, or Prudence (so fast the dear woman would think she'd fallen down a chimney and landed on a zucchini), they pulled into Lahaina, drawn by the drunken sex magic of old Maui. They didn't come to Maui for the whales, they came for the party. And so Lahaina became a whaling town. The irony of it was that even though the humpbacks had starting coming to birth their calves and sing their songs only a few years earlier, and in those days the Hawaiian channels were teeming with the big-winged singers, it was not for the humpbacks that the whalers came. Humpbacks, like their other rorqual brothers – the streamlined blue, fin, sei, minke, and Bryde's whales – were just too fast to catch in sailing ships and man-powered whaling boats. No, the whalers came to Lahaina to rest and recreate along their way to Japanese waters where they hunted the great sperm whale, who would literally float there like a big, dumb log while you rowed up to it and stuck a harpoon in its head. It would take the advent of steamships and the decimation of the big, floaty-fat right whales (so named because they did float when dead and therefore were the  «right » whales to kill) before the hunters would turn their harpoons on the hum pbacks. Following the whalers came the missionaries, the sugar farmers, the Chinese, Japanese, Filipinos, and Portuguese who all worked the sugar plantations, and Mark Twain. Mark Twain went home. Everyone else stayed. In the meantime, King Kamehameha I united the islands through the clever application of firearms against wooden spears and moved Hawaii's capital to Lahaina. Sometime after that Amy came cruising into the Lahaina harbor at the wheel of a twenty-three-foot Mako speedboat with a tall, stunned-looking Ph.D. sprawled across the bow seat. The radio chirped. Amy picked it up and keyed the mike. â€Å"Go ahead, Clay.† â€Å"Something wrong?† Clay Demodocus was obviously in the harbor and could see them coming in. It wasn't even eight in the morning. He was probably still preparing his boat to go out. â€Å"I'm not sure. Nate just decided to call it a day. I'll ask him why.† To Nate she said, â€Å"Clay wants to know why.† â€Å"Anomalous data,† Nate said. â€Å"Anomalous data,† Amy repeated into the radio. There was a pause. Then Clay said, â€Å"Uh, right, understood. That stuff gets into everything.† The harbor at Lahaina is not large. Only a hundred or so vessels can dock behind her breakwater. Most are sizable, fifty- to seventy-foot cruisers and catamarans, boats full of sunscreen-basted tourists out on the water for anything from dinner cruises to sport fishing to snorkeling at the half-sunken crater of Molokini to, of course, whale watching. Jet-skiing, parasailing, and waterskiing were all banned from December until April, while the humpbacks were in these waters, so many of the smaller boats that would normally be used to terrorize marine life in the name of recreation were leased by whale researchers for the season. On any given winter morning down at the harbor at Lahaina, you couldn't throw a coconut without conking a Ph.D. in cetacean biology (and you stood a good chance of winging two Masters of Science working on dissertations with the rebound). Clay Demodocus was engaged in a bit of research liars poker with a Ph.D. and a naval officer when Amy backed the Mako into the slip they shared with three tender zodiacs from sailing yachts anchored outside the breakwater, a thirty-two-foot motor-sailor, and the Maui Whale Research Foundation's other boat (Clay's boat), the Always Confused, a brand-new twenty-two-foot Grady White Fisherman, center console. (Slips were hard to come by in Lahaina, and circumstances this season had dictated that the Maui Whale Research Foundation – Nate and Clay – perform a nautical dog pile with six other small craft every day. You do what you have to do if you want to poke whales.) â€Å"Shame,† Clay said as Amy threw him the stern line. â€Å"Nice calm day, too.† â€Å"We got everything but a measurement on one singer,† Amy said. The scientist and the naval officer on the dock behind Clay nodded as if they understood completely. Clifford Hyland, a grizzled, gray-haired whale researcher from Iowa stood next to the young, razor-creased, snowy-white-uniformed Captain L. J. Tarwater, who was there to see that Hyland spent the navy's money appropriately. Hyland looked a little embarrassed at the whole thing and wouldn't make eye contact with Amy or Nate. Money was money, and a researcher took it where he could get it, but navy money, it was so†¦ so nasty. â€Å"Morning Amy,† said Tarwater, dazzling a perfectly even, perfectly white smile. He was lean and dark and frighteningly efficient-looking. Next to him, Clay and the scientists looked as if they'd been run through the dryer with a bag of lava rock. â€Å"Good morning, Captain. Morning Cliff.† â€Å"Hey, Amy,† Cliff Hyland said. â€Å"Hey, Nate.† Nathan Quinn shook off his confusion like a retriever who had just heard his name uttered in context with food. â€Å"What? What? Oh, hi, Cliff. What?† Hyland and Quinn had both been part of a group of thirteen scientists who had first come to Lahaina in the seventies (â€Å"The Killer Elite,† Clay still called them, as they had all gone on to distinguish themselves as leaders in their fields). Actually, the original intention hadn't been for them to be a group, but they nevertheless became one early on when they all realized that the only way they could afford to stay on the island was if they pooled their resources and lived together. So for years thirteen of them – and sometimes more if they could afford assistants, wives, or girlfriends – lived every season in a two-bedroom house they rented in Lahaina. Hyland understood Quinn's tendency to submerge himself in his research to the point of oblivion, so he wasn't surprised that once again the rangy researcher had spaced out. â€Å"Anomalous data, huh?† Cliff asked, figuring that was what had sent Nate into the ozone. â€Å"Uh, nothing I can be sure of. I mean, actually, the recorder isn't working right. Something dragging. Probably just needs to be cleaned.† And everyone, including Amy, looked at Quinn for a moment as if to say, Well, you lying satchel of walrus spit, that is the weakest story I've ever heard, and you're not fooling anyone. â€Å"Shame,† Clay said. â€Å"Nice day to miss out on the water. Maybe you can get back with the other recorder and get out again before the wind comes up.† Clay knew something was up with Nate, but he also trusted his judgment enough not to press it. Nate would tell him when he thought he should know. â€Å"Speaking of that,† Hyland said, â€Å"we'd better get going.† He headed down the dock toward his own boat. Tarwater stared at Nate just long enough to convey disgust before turning on his heel and marching after Hyland. When they were gone, Amy said, â€Å"Tarwater is a creep.† â€Å"He's all right. He's got a job to do is all,† Clay said. â€Å"What's with the recorder?† â€Å"The recorder is fine,† Nate said. â€Å"Then what gives? It's a perfect day.† Clay liked to state the obvious when it was positive. It was sunny, calm, with no wind, and the underwater visibility was two hundred feet. It was a perfect day to research whales. Nate started handing waterproof cases of equipment to Clay. â€Å"I don't know. I may have seen something out there, Clay. I have to think about it and see the pictures. I'm going to drop some film off at the lab, then go back to Papa Lani and write up some research until the film's ready.† Clay flinched, just a tad. It was Amy's job to drop off film and write up research. â€Å"Okay. How 'bout you, kiddo?† Clay said to Amy. â€Å"My new guy doesn't look like he's going to show, and I need someone topside while I'm under.† Amy looked to Nate for some kind of approval, but when he simply kept unloading cases without a reaction, she just shrugged. â€Å"Sure, I'd love to.† Clay suddenly became self-conscious and shuffled in his flip-flops, looking for a second more like a five-year-old kid than a barrel-chested, fifty-year-old man. â€Å"By calling you ‘kiddo' I didn't mean to dimmish you by age or anything, you know.† â€Å"I know,† Amy said. â€Å"And I wasn't making any sort of comment on your competency either.† â€Å"I understand, Clay.† Clay cleared his throat unnecessarily. â€Å"Okay,† he said. â€Å"Okay,† Amy said. She grabbed two Pelican cases full of equipment, stepped up onto the dock, and started schlepping the stuff to the parking area so it could be loaded into Nate's pickup. Over her shoulder she said, â€Å"You guys both so need to get laid.† â€Å"I think that's reverse harassment,† Clay said to Nate. â€Å"I may be having hallucinations,† said Nate. â€Å"No, she really said that,† Clay said. After Quinn had left, Amy climbed into the Always Confused and began untying the stern line. She glanced over her shoulder to look at the forty-foot cabin cruiser where Captain Tarwater posed on the bow looking like an advertisement for a particularly rigid laundry detergent – Bumstick Go-Be-Bright, perhaps. â€Å"Clay, you ever heard of a uniformed naval officer accompanying a researcher into the field before?† Clay looked up from doing a battery check on the GPS. â€Å"Not unless the researcher was working from a navy vessel. Once I was along on a destroyer for a study on the effects of high explosives on resident populations of southern sea lions in the Falkland Islands. They wanted to see what would happen if you set off a ten-thousand-pound charge in proximity to a sea lion colony. There was a uniformed officer in charge of that.† Amy cast the line back to the dock and turned to face Clay. â€Å"What was the effect?† â€Å"Well, it blew them the fuck up, didn't it? I mean, that's a lot of explosives.† â€Å"They let you film that for National Science?† â€Å"Just stills,† Clay said. â€Å"I don't think they anticipated it going the way it did. I got some great shots of it raining seal meat.† Clay started the engine. â€Å"Yuck.† Amy untied the bumpers and pulled them into the boat. â€Å"But you've never seen a uniformed officer working here? Before now, I mean.† â€Å"Nowhere else,† Clay said. He pulled down the gear lever. There was a thump, and the boat began to creep forward. Amy pushed them away from the surrounding boats with a padded boat hook. â€Å"What do you think they're doing?† â€Å"I was trying to find out this morning when you guys came in. They loaded an awfully big case before you got here. I asked what it was, and Tarwater got all sketchy. Cliff said it was some acoustics stuff.† â€Å"Directional array?† Amy asked. Researchers sometimes towed large arrays of hydrophones that could, unlike a single hydrophone, detect the direction from which sound was traveling. â€Å"Could be,† Clay said. â€Å"Except they don't have a winch on their boat. â€Å"A wench? What are you trying to say, Clay?† Amy feigned being offended. â€Å"Are you calling me a wench?† Clay grinned at her. â€Å"Amy, I am old and have a girlfriend, and therefore I am immune to your hotness. Please cease your useless attempts to make me uncomfortable.† â€Å"Let's follow them.† â€Å"They've been working on the lee side of Lanai. I don't want to take the Confused past the wind line.† â€Å"So you were trying to find out what they're up to?† â€Å"I fished. No bites. Cliff's not going to say anything with Tarwater standing there.† â€Å"So let's follow them.† â€Å"We actually may get some work done today. It's a good day, after all, and we might not get a dozen windless days all season here. We can't afford to lose a day, Amy. Which reminds me, what's up with Nate? Not like him to blow off a good field day.† â€Å"You know, he's nuts,† Amy said, as if it were understood. â€Å"Too much time thinking about whales.† â€Å"Oh, right. I forgot.† As they motored out of the harbor, Clay waved to a group of researchers who had gathered at the fuel station to buy coffee. Twenty universities and a dozen foundations were represented in that group. Clay was single-handedly responsible for making the scientists who worked out of Lahaina into a social community. He knew them all, and he couldn't help it – he liked people who worked with whales – and he just liked it when people got along. He'd started weekly meetings and presentations of papers at the Pacific Whale Sanctuary building in Kihei, which brought all the scientists together to socialize, trade information, and, for some, to try to weasel some useful data out of someone without the burden of field research. Amy waved to the group, too, as she dug into one of the orange Pelican waterproof cases. â€Å"Come on, Clay, let's follow Tarwater and see what he's up to.† She pulled a huge pair of twenty-power binoculars out of the case and showed them to Clay. â€Å"We can watch from a distance.† â€Å"You might want to go up in the bow and look for whales, Amy.† â€Å"Whales? They're big and wet. What else do you need to know?† â€Å"You scientists never cease to amaze me,† Clay said. â€Å"Come hold the wheel while I get a pencil to write that down.† â€Å"Let's follow Tarwater.†

Class Differences Essay

â€Å"Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe. † (– Frederick Douglass) The Kite Runner is based on two boys named Amir and Hassan. Amir is from an upper class, called the Pashtuns and Hassan is from a lower class, called the Hazaras. Pashtuns are Afghanistan’s largest ethnic group. Pashtuns are Sunni Muslims and Hazaras are Shi’a Muslims. Pashtuns consider Hazaras a disgrace to Islam and are considered a minority. Hazaras have been discriminated for many centuries. Because of this class difference, there are limitations to Amir and Hassan’s relationship. The Kite Runner would not exist if there is no class difference between Amir and Hassan because every conflict in the novel revolves around the class difference between Amir and Hassan as well as Pashtuns and Hazaras. Amir and Hassan themselves would be two completely different people if it weren’t for the labels of Pashtuns and Hazaras and the political issues that are ongoing in Afghanistan would be non-existent as well. The Kite Runner is based on the class difference between Amir and Hassan. There would be no conflicts or issues in this novel if it weren’t for the discrimination against Hazaras and the superiority of Pashtuns. The conflict between Assef and Hassan would be non-existent because if there was no class difference in the novel, Assef would have never teased Hassan. Assef even raped Hassan because he was a Hazara. Assef is the village bully and has very low tolerance for Hazaras, especially Hassan. Hassan was raped to be dominated by Assef and to prove that Hassan is inferior to Assef. Every confrontation Hassan and Assef have, Assef constantly states that Pashtuns are real Afghans and Hazaras are not. â€Å"Afghanistan is the land of Pashtuns. It always has been, always will be. We are the true Afghans, not this Flat-Nose here. His people pollute our homeland, our watan. They dirty our blood. † – (Assef, Chapter 5, Page 43) He also claims that Hazaras pollute Afghanistan and should be killed just like how Hitler murdered 6 million Jewish people because they were considered minorities in Germany. Another conflict that would also make the novel non-existent would be the limited relationship between Amir and Hassan. When Amir and Hassan participated in the Kite flying competition, Amir controlled the kite and Hassan was the kite runner. This already shows the domination Amir has over Hassan and how Amir will always remain the controller and Hassan will always be the runner. Amir only treated him like he was inferior because of he was a Hazara and also because of the favouritism between Amir and Hassan from Baba. 26 years later when Amir is in living the USA and Hassan is still in Afghanistan, Hassan protected Baba’s property with his wife and his child. Hassan and his wife were killed because he was protecting his home and was claimed a liar by the Taliban’s, also because he was a Hazara. The class difference in this novel was not only between Amir and Hassan but between the Talibans and Hazaras as well, which caused a lot of political tension. Overall, most conflicts introduced in The Kite Runner are inflicted by class differences between Amir and Hassan. If it were not for the class difference and discrimination, there would be no story at all.

Contributions of Modern Technology by David Ingram Essay

Modern technology has given small businesses an unprecedented ability to communicate with their target markets, causing a dramatic evolution in the way marketers craft advertising strategies. Unlike the shotgun-scatter technique of yesterday’s mass media outlets, new advertising channels created by cutting edge technology allow companies to target small groups and individuals with personalized advertising messages, while collecting feedback and measuring responses on the fly. Research Tools Modern technology greatly enhances advertisers’ ability to perform market research and testing when developing ads. Extensive collections of consumer data can be obtained online, and the results of feedback and opinions can be analyzed instantly with computers. Virtual focus groups can bring together people on opposite sides of the world to view and provide feedback on advertisements, and opinion leaders can be engaged via online surveys that expose the viewer to a proposed ad while soliciting feedback. Development tools for internet advertisements has have improved dramatically over the past 20 years. While the static, logo-driven banner ads of the 1990s were effective themselves, today’s ads feature video, animation and even viewer interactivity. Development Tools Modern technology allows advertisers to create more effective and impressive ads for television, print, radio and the Web. Modern video editing equipment can be used to create ads with a â€Å"wow factor†Ã¢â‚¬â€œsomething that catches viewers’ attention and keeps them glued to the screen. Enhancements in computer animation allow advertisers to create lifelike settings, characters and action that could never be achieved only 40 years ago. Special effects also allows ads to fully leverage the marketing appeal of popular movies and television shows, making the obvious product appeal the only thing that differentiates the ad from the movie or show. With a range of powerful tools at their disposal, advertisers can create visual messages that appeal more personally to specific consumer groups. Social Networks Social networks are proving to be an invaluable resource for small businesses and bootstrap marketers. Social networks, besides allowing advertisers to engage consumers in research and testing, they also offer a powerful and free distribution system. Distributing interesting, memorable ads via a social network can set off a chain reaction in which individual viewers spread the advertising message in a personal way, to millions of viewers, at no cost to the advertiser. Internet Advertising The Internet has wrought havoc on the effectiveness of traditional advertising outlets while simultaneously creating interesting new avenues for marketers to reach consumers. Internet banner ads can be strategically placed on websites that target specific consumer groups much more effectively than mass media. Television-style ads can be placed on Internet videos, such as news clips. Free web-based games can be developed to provide an interactive experience while exposing players to advertising messages. Ads, combined with promotions, can be sent to individuals via email campaigns. Endorsements Paid endorsements of sports celebrities and events have become exponentially more effective due to the reach of radio, television and the Internet. Endorsements that traditionally exposed several hundred spectators to an advertising message can reach millions through national broadcasts and Internet exposure.

Strategiespoliciesprograms could be utilized to reduce the healthcare Essay

Strategiespoliciesprograms could be utilized to reduce the healthcare cost to the taxpayers for uninsured Texans - Essay Example These areas are prescription drug coverage, technology, managed care, reducing the number of uninsured, and innovative programs. There are several aspects of the prescription drug program that need to be reviewed. Currently Texas has a local health care system where the counties are responsible for the healthcare of its residents. Care often falls to charity or safety net hospitals (Uninsured in Texas n.d. p.4). There needs to be more focus on regional and statewide cooperation involving the purchase of prescription drugs. This would provide a centralized point of purchase, which would aid in the negotiating power of the state on drug prices from the pharmaceutical companies. In addition to lower price there needs to be some forms of cost control on the use of prescription drugs. There should be a review of the formulary for drug availability that would exclude some drugs from coverage. These would include cosmetic, hair loss, and investigational drugs. Drugs with a high potential for abuse such as amphetamines and barbiturates should also come under review. These exclusions would have to be accomplished within the current federal guidelines. Generic drug use should also be encouraged. ... This would also help reduce public resistance to low cost generic drugs. A preferred drug list of the lowest cost drugs should be utilized to pre-authorize a particular drug. Prior authorization would be necessry for any drug not on the list. Several other state programs have used this approach with some success. It may be seen as a burden to physicians and pharmacists and should be introduced in a step program beginning with non-emergency treatments such as anorexants and anti-ulcer reflux medications (Kaiser Commission 2002 p.9). Emergency supplies for short-term treatment could still be provided without prior authorization. There should also be a 'failed first policy' on prescription drugs. If a new more expensive drug is available, it should not be used until the older and less expensive substitute has been proven ineffective. Fail first programs may not be appropriate for rapidly evolving medications such as used for the treatment of mental illness (Fail-first policies 2003). This program would need to be strictly monitored and have a physician right to supersede it. 2. Technology Improved technology has the potential to save billions of dollars in health care costs. Texas needs to adopt the most recent innovations in medical technology. Shared medical records across a network would aide physicians and emergency rooms in reducing redundant tests and procedures. It also has the capacity to make the most recent knowledge and diagnosis available across the network in a virtual care coordination system. The creation of a cross care coordinated network would be a valuable tool for the uninsured as well as offering health care providers easy access to medical records. A system of community based care

Can shock advertising sell high fashion brands Essay

Can shock advertising sell high fashion brands - Essay Example Exploratory research will help to definite the study concepts and specify the problem of the study according to available (existing) information. This research is very important at the early stage, and it will be used to determine the problem, select data collection methods and samples necessary for further study. Abstraction and generalization are the main methods of the approach. Exploratory research is a very effective tool to explore the influences of shock advertising on buyer behavior because it will help to evaluate emotional impact of "shock" on customers' feelings, and determine their motivations and attitudes towards the message of a shock advertisement. Exploratory research helps to identify emotional approach tug at the heartstrings of the intended target groups. The advantages of this approach is that it involves comparatively small subject groups, but provides a very detailed and in-depth analysis of consumer behavior patterns influence by shock advertising, and investigate their perception of a particular "shock" message (Models in the Research Process, 2004). Descriptive research is needed to gather information about the current situation in high fashio

Postmodernism in Modern Society Research Paper Example | Topics and Well Written Essays - 1500 words

Postmodernism in Modern Society - Research Paper Example There has been a contracting debate on postmodernism among architects and plastic and visual artists. As defined by architectures, postmodernism is taking half from the traditional ways of doing things and getting the others from supplementary sources to develop a blended component. It entails using modern approach to address traditional issues in architecture. The same thing applies to visual arts. In visual arts, postmodernism is the process of blending conventional arts with new arts. There has been mixture of traditional medium of printing and the modern means of printing and designing in modern visual arts. In music, postmodernism has a remarkable impact to the method of dancing, instruments used and the costumes used in dancing. Although traditional music does not significantly change, there are some aspects of the music which are affected by postmodernism. Change in music arts, styles, and costumes has an impact on artist way of living.1 Postmodernism in visual arts has a comp lex history. Many scholars in the field are not confident in using the term since they believe it wiped away practices and techniques that existed in the field over the last thirty years. Although, there is no agreement on the components appropriate to define the current changes in visual art, postmodern arts is described as the art developed after the diminish of modern arts in 1960s. The movement that defines postmodernism includes the pattern painting in the mid 1970s. During this time, Americans celebrated both non-geometric and geometric arts. Artists were reacting against the Puritanism of negligible and abstract arts. The second widespread movement was Neo-Expressionism which occurred in the late 1970s and early 1980s. At this time, practitioners were advocating for the return of traditional sculptures and painting art. This movement was common among German expressionists. There was also another movement that occurred in mid 1980s called Neo-Geo. Practitioners in this movemen t were parodying the previous movements. They used Day-Glo colors to communicate their message. The actors in this movement were contradicting with Neo-Expressionist idea on postmodernism. The other commonly known movement was New British sculpture. This involved the sculptures of common artists at that time. According to them, there was decay in United Kingdom urban environment which led to waste of consumer community in the country. They also intended to explore the manners in which different objects were given meaning in the society. There was also Super-Realism movement which took place between 1960s and 1970s. This movement was also called Photo-Realism. The pioneers of this movement were trying to express their dissatisfaction with the application of photography in the arts of painting. Nevertheless, their concern was on technical predicament of putting light and tones on a surface instead of general verisimilitude.2 In general, postmodernism art is due to the reaction of mode rnist arts obsession. Postmodernism is the reintroduction of morals, ornaments and decorations in art and sculptures. At around 1967, art magazines were occupied with sleek cube form, but in 1969, this was substituted with photographic image, language, ongoing process and natural substances. Most of postmodern artists portray nonchalance in addressing mismatched styles. They combine different style in one art. In this case, they lack purity and uniformity in

Budget Support to SME for Malaysian budget 2013 Article

Budget Support to SME for Malaysian budget 2013 - Article Example Moreover, SMEs are also differentiated on the ground of turnover or total balance sheet amount over a certain period of time (European Commission, â€Å"Small and Medium-Sized Enterprises (SMEs)†). The role of SMEs currently played within the context of a developing nation can be well-explained with the illustration of Malaysian economy. In the current day context of Malay economy, SMEs play important functions in order to develop the industrial sectors. Furthermore, SMEs are considered as significant contributors for the development of the Malaysian economy (Radam, Abu and Abdullah, â€Å"Technical Efficiency of Small and Medium Enterprise in Malaysia: A Stochastic Frontier Production Model†). In Malaysia, SMEs are identified in accordance with activities performed, the size of the enterprises along with the extent of turnover attained by these entities over a certain period (Saleh and Ndubisi, â€Å"An Evaluation of SME Development in Malaysia†). Malay SMEs are defined into two categories, i.e. (1) manufacturing services and agro-based industries and (2) service, primary agriculture as well as Information and Communication Technology (ICT) based on their annual turnovers and their total worker population. SMEs in the manufacturing services and agro-based industries segments operate with the manpower of around 150 employees on a full time basis. Additionally, the annual turnover of these enterprises accounts to around RM 25 million (Saleh and Ndubisi, â€Å"An Evaluation of SME Development in Malaysia†). On the other hand, SMEs of the service, primary agriculture as well as Information and Communication Technology (ICT) sectors employ around 50 workers on a full time basis, while, the annual turnover of these enterprises are accounted to be around RM5 million (Saleh and Ndubisi, â€Å"An Evaluation of SME Development in Malaysia†). Contextually,

Teachers as Agents of Social Change Essay Example | Topics and Well Written Essays - 2250 words

Teachers as Agents of Social Change - Essay Example In this manner, there is a direct relationship between culture and education. While culture gives identity to a society, education sustains it. Education also plays a dynamic role in society. It performs the function of an initiator of social change. It not only generates new ideas and values but also transmits them to the younger generation. In this chapter, our attempt will be to examine the relationship between education and social change. Education emerges out of the needs of society. An individual member passes away in course of time, but society continues to exist and new members are added to it by birth. Every society, thus, tries to stay together as a unit and develops a way of life. The group members have to train children to carry on the customs, knowledge and skills of the group to preserve and perpetuate their way of life. This function is performed by education. Education also trains people to develop new ideas and adjust to a changing environment. Parents and family play an informal role in education. A more formal part comes from education provided by social groups and community agencies. School, which is especially established for the purpose, conducts the most formal education. School has, thus, become a social necessity for providing special learning. It makes possible the accumulation and transmission of knowledge on a large scale which were impossible before. Education, thus, performs several social f unctions. Starting from the socializing role in a family, its tasks cover areas like economic organization, social stratification and political ideas. This is the essence of Apple's statement: that teachers as well as the whole education system should be the agents of change. More than a century ago, Emile Durkheim rejected the idea that education could be the force to transform society and resolve social ills. Instead, Durkheim concluded that education "can be reformed only if society itself is reformed." He argued that education "is only the image and reflection of society. It imitates and reproduces the latterit does not create it" (Durkheim 1951: 372-373). Most mainstream proposals for improving education assume that our society is fundamentally sound, but that for some reason, our schools are failing. Different critics target different villains: poor quality teachers, pampered, disruptive or ill-prepared students, the culture of their families, unions, bureaucrats, university schools of education, tests that are too easy, or inadequate curriculum. But if Durkheim was correct, a society has the school system it deserves. Denouncing the poor quality of education is like blaming a mirror because you do not like your reflection. The first step in improving education is to recognize that the problems plaguing our schools are rooted in the way our society is organized. We live in a competitive economy where businesses and individuals continually seek advantage and higher profits, and where people on the bottom rung of the economic ladder are stigmatized as failures and blamed for their condition. Our culture glorifies violence in sports, movies, video games, and on evening news broadcasts that celebrate the death of others through hygienic strategic bombings. It is a society where no one feels obligated to pay taxes for the broader social good and where welfare

Learnig styles and Personality types Essay Example | Topics and Well Written Essays - 750 words

Learnig styles and Personality types - Essay Example Howard Gardner (1983), in his theory of multiple intelligences, proposed that learning, for every individual, is a distinctive combination of intelligences, resulting from one's distinctive abilities, challenges, experiences, and training (Stremba & Bisson, 2009). Individuals possess distinctive learning styles depending on their process of focusing, processing, assimilating and reproducing content. Effectiveness of learning is mostly influenced by the mode of communication which connects the learner with the learning, through words, pictures, thoughts, feelings (verbal, visual, nonverbal, kinesthetic), sounds, numbers etc (Ryan & Cooper 2008). The visual learners have a tendency to relate their learning to observed events, objects, situations thereby forming impressions that help them retrieve information when they visualize these events or objects. Auditory learners tend to grasp information presented to them in some form of sound, like lecture, recording, music, discussion etc. this is characteristic of a classroom teaching, learning through audio-visual aids in training sessions, or in group discussions. Kinesthetic learners are more inclined to learning through experimentation, touching, and feeling. These learners tend to learn more when they move around, act out concepts while reading and by touching or feeling structures such as historical monuments. Effective learning can be ensured by adopting specific strategies that can match these learning styles, and help in better understanding, remembering, relating to facts and better reproducibility. For this, assessment of personality type is also important. Myers-Briggs model identifies four types of personalities based on specific traits possessed by people; they are thinker, organizer, giver and adventurer (Carter, Bishop & Kravits 2007). Keeping in mind these personality types and the aforementioned learning styles, different strategies can be developed that will aid in effective communication and collaboration among different people within a group. For instance, organizers with visual learning style can use colorful flashcards to emphasize on main learning points, use visual aids, pictures, graphics, maps etc. Thinkers with visual learning can make use of innovative designs, puzzles, and specific problem solving methods. Givers with auditory learning style can ensure better learning by teaching others, conducting group discussions, and enacting plays. Enacting plays can also help the visual learners. Organizing group activities using physical resources skillfully and games involving different people can be used for kinesthetic learners. This will also help the thinkers as it will give them an opportunity to problem solving with different approaches. Conducting lab experiments or practical study, in case of arts, along with lectures will benefit people with all the three learning styles. This process will also make use of different characteristics of organizers, givers, and thinkers in bringing about

Sociology Essay Example | Topics and Well Written Essays - 500 words - 4

Sociology - Essay Example parted focuses on the criminal element’s ability to infiltrate law enforcement at the highest and most sensitive levels of operation in order to facilitate criminal and organized crime activities. What results, as demonstrated by the film, is the obscuring of identities, priorities, and loyalties that lead to dangerous and deadly situations for undercover operatives. Actor Leonardo DeCaprio, playing the undercover good cop, has as his counterpart actor Matt Damon, playing the undercover bad guy in the police department. DeCaprio, whose acting abilities and skills bring a superb talent and realism to the role that allows the viewer to suspend disbelief and to become engrossed in the film’s back and forth good cop versus bad cop role playing; is, in character, reduced to the role of the neighborhood thug and thief. In the film, as in reality, men of Irish descent had two options; crime and the streets, or education and law enforcement. DeCaprio’s character opts for education and law enforcement, to move away from not just the stereo-typical image of the Irish thug and hood, but the reality of it as it existed in his family. DeCaprio’s character’s family is well known in the neighborhood and within the hierarchy of law enforcement as breeding criminals. Damon’s family, on the other hand, has a less prominent family history, but nonetheless is inducted into the Irish organized crime scene early on as a child. Damon is quickly recognized as being intelligent, capable of passing the mental and physical tests for acceptance that would give him access to the highest levels of confidence and information as a law enforcement official – with the help of Nicholson’s character’s sponsorship from the outside. Damon, another skilled and talented actor, convincingly portrays the bad guy playing the good cop, and feeds Nicholson’s character inside information with which to pull off successful crime capers by the Irish thugs and thieves. Nicholson is,

Public Art Essay Example for Free

Public Art Essay The core exhibition will be based on the work of two chosen photographers due to the inability to investigate a larger number , this is because they are too many and wide spread that an attempt to look at all of them would be almost impossible , costly and time consuming. The programme will show the various works done by the photographer including digital arts, video installations all put together to give an in depth study of the history and success of the photographers The aim of the project is to explore the potential of new media, on-line technology, virtual reality/ interactive projects to provide new means of investigations on the same. To appreciate the works of the two photographers we will compare and contrast the much that they have brought to the field, what they still have to bring and the influence and education they have had on different individuals and areas of interaction. The two photographers to be investigated are Patrick Renschen and Russ Rosener. The work of Renschen is most inspirational and does not only touch on the basic art but has an in-depth meaning which one needs to be keen enough to grasp the whole idea behind the same and also be able to appreciate that such work could be so educative. The work of this particular photographer was one of a kind since it didn’t involve a norm or a routine which would be followed day in day out rather he tried to make it very exciting by carrying out researches on how to improve it and make it more satisfying to both him and his assistants. His aim was as well very clear in that he wanted not just to be the best but the only one in the field of engagement who could be counted on and relied on. He also ensured connecting them up electronically in all the archives, also documenting and publishing the work which is now held in regional, national and international museum collections and university centers, and to ensure wide accessibility to international and domestic audiences. The photographer had an exhibition that had all the history and development of the installation, and the critical legacy left in terms of the influence on contemporary sculpture, environmental art, and architecture to name but a few. He had presentations of all the original photographs, drawings, sketches, correspondence, and even written descriptions of every detail that he undertook, it also had all the interpretations by curators and art critics such John Elderfield and Fred Brookes. The photographer also was keen to display new commissioned documentation by leading artists/photographers. He traced the evolution using interactive digital projects he also used digital animation and 3D articulation of the key design and sculptural elements just to ensure perfection and accuracy was maintained throughout the whole exercise. The photographer also employed lots of subordinate staff to help in the completion of his work. A commission for a photographer/artist to generate new visual images for the exhibition based on the environmental and architectural aspects alongside a detailed study of the same, and the art works locations associated with him. Possible portraiture commission, to photograph people associated with the photographer this was for the record and for future references and evidence of their participation and also a way of making them feel appreciated. He worked hard to ensure that he was always on site despite his tight schedule but since at times he was faced with some unavoidable circumstances, he was not left out in having planned in advance for such emergencies, in his absence work went on just as usual since there was a commission of artists and photographers to produce a new body of work based on the idea that his absence was a test on their accountability and reliability. The photographer would even incorporate fresh blood and brain from schools and colleges by involving students to participate in the same using existing archives and sketches. Production of a set of 3D architectural models, drawings and projections documenting the findings and proposing hypothetical outcome. The photographer had interactive architectural and digital arts research and their restoration project possibly organized to collaborate well with the agenda in question. This brought together many architects artists and IT engineers to construct an interactive virtual representation , tracing its iconography and evolution from conception through the various stages of the construction and design. The photographer used on line chat room and interactive website/3D virtual, allowing scholars, artists and researchers from different countries to contribute their views and suggestions as he believed in being dynamic. He believed in the use of new technology to visualize and construct alternative on line solutions to problems encountered in his work. Unlike Patrick Renschen, Russ Rosener, another world renowned photographer had a whole different approach to the same photography both as a career and as an interactive kind of work. He is so different from other photographers in that he has not specialized in only one area of photography and he has a diverse range of areas where he features. He covers a wide range of activities which he says gives him better exposure and satisfaction as there is no word as boredom which many photographers tend to suffer from. He has much of his corporate work covering international assignments and duties such as annual reports, portraiture, advertising and social responsibility programmes. Whether he is all alone or leading a group of individuals he can be relied on by a company that minds the global competitiveness in the field for his experience and enthusiastic nature, he is also very flexible and his approach to his job is not static rather depends on the situation and content. He is able to ensure that his clients can rely on him to be able to deliver high quality material and best results which is easy for anyone to access and even use across print, present and web based media they are also able to represent their company to a very high professional standard due to the high competition facing them thus requiring one to have a competitive advantage over the others. (Rosenblum, Naomi) As a photographer he is able to maintain both quality and confidentiality in his work and in this very dynamic sector thus ensuring client loyalty and repeat buying by same customers instead of finding new people altogether which is a costly and hard situation to gain. Being involved in social responsibility has only brought more demand to this photographer especially lately when most companies have embraced social responsibility as a requirement for the success and continuity of the companies; this is because they need credible pictures for the accurate representation of challenges and achievements associated with the whole project. The photographer says that his is not acquired kind of skill rather it is a born kind of art and assures anyone that for the best results and sure win he is the answer. He does most of his work as it presents itself to him and he does not have to go out there trying to be original by conducting research and even reading more and he has still managed to be a world well renowned photographer who can be counted among famous photographers. This could be due to the fact that he is so original and very clear compared to other photographers and he has maintained this all along without foregoing the quality for quantity when the work is too much, he is a slow but sure themed person who believes in quality and creating of trust in all his clients. The two photographers are quite controversial in that one is very resourceful and researchful while the other just sits and handles a situation as it presents itself to him and depending on what the clients wants as final results. All the same they don’t lack some similarities in that they are both result oriented and care about the quality of results that they deliver to their customers and fans as this is very important if they are to continue in business without losing it to competitors. The photographers have proved to be very reliable and for that they have gotten a lot of attention from both domestic and international markets and companies. Though the work of photography presents itself as full of fun and excitement all the time the two have cordially agreed that it also has its weak areas and also has a percent of boredom though they try as much as possible to keep on the fire and make the work the best they can. Generally photography can be seen as a very demanding area of undertaking due to its dynamic nature which makes it very unpredictable especially with the improvement in technology which happens almost on a daily basis and which they have to keep track of lest they become outdated and overcome by events. It is very important in the modern day and age and is require by every company and individual for the smooth running of the day to day activities. This area of photography is particularly very exciting and interesting since it involves mostly outdoor activities which is a good idea for lovers of site seeing and appreciating nature and what it has to offer. Where it takes place indoors its all the same quite interesting since its all flashy and all smiles especially for celebrities, fashion and models as one sees newest designs and shapes of different attires and poses for use elsewhere. This is especially so interesting to me since I love reading fashion magazines which contain a lot of photographers work and I get to appreciate every bit of it. In addition we should not forget the fact that the photographers have brought a lot of harmony to many different communities of the world at large through the theme contained in their works of art and for that we should not fail to appreciate their work even more. The photographer like any other person needs encouragement and the feeling of actualization and this is only possible if lots of his work is bought at a high rate and he gets more calls for the same.(Rosenblum, Naomi) The photographers have tried to a very large extent to encourage artistic growth and photography development to ensure that its not only them who stand to benefit but that generations to come will also appreciate and adopt what these great men and women of our land will have done and left behind for all to see. Many of these artists and photographers in particular have already started colleges and learning institutions where they are passing on the knowledge to other interested parties for the continuity, growth and development of this most dynamic field of photography. Photography has really gone to a whole new level altogether this due to the competition that the photographers are giving each other and no one wants to be ruled out of the market and so everyone is doing all they can to emerge as the best and most demanded. A good example is like the move that photographers like Marcus have taken by coming up with photographs that document the history and development of say a certain state and put it in his work of art, this is so essential because most people generally hate the aspect of learning but since this will present itself as having fun and studying some work of art, more people will be attracted to the same and this provides a chance for the to learn about the places they stay in and therefore appreciate how far they have come and where they are headed. We can therefore all accept that all photographers have done much to achieve greater things and heights at both individual, national and international level and so we cant let them go unnoticed and it’s the duty of each one of us to ensure that the photographers and other artists grow to the greatest heights by supporting them in they work. Finally is to all artists out there both the well known and who have the basis and those who are just starting the work and realizing their talent to keep up their work and even go the extra mile to give us more that we have not yet seen  and are eagerly waiting for that and more. Thesis statement The photographers have a bright future ahead if they keep up with the pace and ensure that research and technology development is top on their agenda. Sources 1.Rosenblum, Naomi. A World History of Photography. 3rd edition. New York: Abbeville Press, 1997. 2.Johnson, William. Nineteenth-century Photography: An Annotated Bibliography, 1839-1879. Boston: G.K. Hall, 1990. 3.Roosens, Laurent, and Luc Salu. History of Photography: A Bibliography of Books. London: Mansell, 1989. 4.Rosenblum, Naomi. History of Women Photographers. Updated and Expanded Edition. New York: Abbeville Press, 2000.

There are a number of factors which are responsible for this disaster Essay Example for Free

There are a number of factors which are responsible for this disaster Essay 1. Documents which were obtained in the course of a law suit against Union Carbide for environmental contamination before a New York Federal District Court have revealed that the Carbide that had been exported to the Indian plant was untested unproven technology. 2. The Indian subsidiary plant unlike the Union Carbide plants in the U. S. A. were not equipped to handle or cope with problems of this magnitude nor were the local authorities informed about the dangers of the chemicals that were being manufactured in Bhopal. 3. The scientist’s reports which talked and warned about such a possibility as the accident which occurred were ignored outright and the senior staff never got to view them. 4. The sales were dipping and the staff was reduced due to which the safety checks were less frequent. 5. Slip-band plates which had to be installed in order to prevent the water from the pipes entering the tanks were not installed. 6. The MIC tank refrigeration coolant was being used elsewhere, but if a button was pressed in the control room it would have activated it to use the remaining coolant. This was overlooked by the staff. 7. The gas scrubber was kept on standby, so it could not be used to clean the escaping gases with sodium hydroxide which could bring the concentration down to a safe level. 8. The water curtain also was set to ~ 13m and it did not reach the gas, it was perhaps not designed to contain a leakage of such magnitude.. 9. The audible external alarm had been activated to warn the residents of Bhopal, but this was quickly switched off in order not to cause panic among the residents. So, many kept sleeping little realizing what was happening and those who woke up thought the problem was resolved. 10. The flare towers which were used to burn off gases before escaping into the air were under repairs. 11. Doctors were not updated about the proper treatment methods for MIC gas inhalation. When they inquired they were told to give the patients cough medicines and eye drops. Union Carbide denies all this. Their theory is that one of the employees introduced water into the tank by removing a meter, â€Å" a disgruntled plant employee, apparently bent on spoiling a batch of methyl isocyanate, added water to a storage tank†(Browning). Their argument is that so much water could not have entered the tank by accident. They further accuse that the plant staff falsified the numerous records to distance themselves of the disaster and that the Government of India did not prosecute the employee as it would weaken the allegations against the Union Carbide, but the Union Carbide themselves have not named or identified the employee. Still others, like the many experts in industrial safety, believe that the tragedy was preventable, arguing that it was the due to â€Å". the negligence on the part of the Union Carbide Corporation and its corporate subsidiary Union Carbide of India Ltd. (UCIL), which had the responsibility for taking care of the day-to-day operations of the facility†(Bogard 4). Moreover, the Indian Madhya Pradesh State Government had also not done anything for the safety standards and the Union Carbide also failed to implement its safety rules. This plant had experienced six accidents between 1981 and 1984, three of them involving MIC or phosgene, but since they were small scale ones, only one worker died in 1981, the official inquiries were shelved. Probably the neglect of not getting trained workers at the plant and the laxity in the upkeep of the equipments was responsible for the leakage. Union Carbide agreed to pay US$470 million in an out of court agreement for the damages caused in the tragedy, but little of the money went to the survivors, and the people of Bhopal felt betrayed by both the Union Carbide and their own politicians. Thus on the anniversary of the tragedy they burnt the effigy of Warren Anderson who was the chairman of the Union Carbide at that time as well as the effigies of their own politicians. In July 2004, The Supreme Court of India ordered the government to pay the victims and their families the remaining $330 compensation fund. Union Carbide sold its Indian subsidiary which ran the Bhopal plant to the Eveready Battery manufacturers in 1994. The Union Carbide was purchased by the Dow Chemical Company in 2001 for $10. 3 billion. Dow Chemicals have refused to clean up the toxic waste even as activists have demanded it and are pressurizing the Government of India to demand more money from Dow. According to environmentalists the contamination may lead to slow poisoning and diseases of the liver, kidney and the nervous system. Studies have also thrown light on the fact that cancer and other illness are on the rise in this region after the tragedy. BBC Radio5 reported on 14th November 2004 that the site is still contaminated with thousands of metric tones of toxic chemicals which are held in open containers or loose on the ground. Rainfall causes run off thus polluting local wells and boreholes. Some of the areas are so polluted that anyone entering the area for more than ten minutes are likely to loose consciousness.

Exhaustion Online with regard to Database in the EU

Exhaustion Online with regard to Database in the EU Sandro Sandri   EXHAUSTION Before explaining exhaustion online with regard to database in the European  Union, we should first start by explaining what exhaustion in an Intellectual Property  context is. 1. a) Definition The exhaustion of intellectual property rights is one of the limits of Intellectual  Property (IP) Law. After a product has been sold under the authorization of the IP owner,  the reselling, rental, lending and other third party commercial uses of IP-protected goods in  domestic and international markets is protected by the principle. Once a product is covered  by an IP right, such as by a patent right, has been sold by the Intellectual Property right  owner or by others with the consent of the owner, the Intellectual Property right is said to  be exhausted. It can no longer be exercised by the owner. This limitation is also referred to  as the Exhaustion Doctrine or First Sale Doctrine. For example, if an inventor obtains a  patent on a new kind of umbrella, the inventor (or anyone else to whom he sells his patent)  can legally prohibit other companies from making and selling this kind of umbrella, but  cannot prohibit customers who have bought this umbrella from the patent owner from  reselling the umbrella to third parties. There is a fairly broad consensus throughout the  world that this applies at least within the context of the domestic market. This is the  concept of National Exhaustion. However, there is less consensus as to what extent the  sale of an Intellectual Property protected product abroad can exhaust the IP rights over this  product in the context of domestic law. This is the concept of Regional exhaustion or  International Exhaustion. The rules and legal implications of the exhaustion largely differ  depending on the country of importation, i.e. the national jurisdiction.   The paternity of the exhaustion theory is ascribed to the German jurist Joseph  Kohler.2 The word  ´exhaustion` seems, however, to have been first used by the German  Reichsgreicht in a number of judgments in the early years of the twentieth century. In a  judgment of 26 March 1902 the Reichsgericht held, for example, that the effect of the  protection conferred by a patent (i.e. the exclusive right to manufacture products covered  with regard to Database in the European Union  by the patent and to put them on the market) was exhausted by the first sale.3 In other  words, once the patent holder had transferred legal ownership of goods made in  accordance with the patent, by selling them to another person, he lost the power to control  the further destiny of those goods subsequently. 1. b) Exhaustion in the European Union   The European Court of Justice (ECJ) has taken serious steps to harmonize the rules  of a Community-wide/regional exhaustion doctrine in the field of copyright law since the  1970s. Schovsbo called the harmonization by the ECJ as 1.-phase development of  exhaustion or negative harmonization, and the creation of directives by the competent  bodies of the EEC (and later the EU) as 2.-phase development or positive  harmonization. The first-ever decision on the exhaustion of distribution rights was handed over in  the famous Deutsche Grammophon case. Here, the ECJ based its decision on different  objectives of the EEC Treaty: the prohibition of partitioning of the market, free movement  of goods, as well as the prohibition of distortions of competition in the common market.   The European Court of Justice highlighted that prohibitions and restrictions on trade  might be applied by Member States, also in cases of copyright law, if they do not constitute  a means of arbitrary discrimination or a disguised restriction on trade between Member  States6. Based upon these, the European Court of Justice concluded that [i]f a right related  to copyright is relied upon to prevent the marketing in a Member State of products  distributed by the holder of the right or with his consent on the territory of another  Member State on the sole ground that such distribution did not take place on the national  territory, such a prohibition, which would legitimize the isolation of national markets,  would be repugnant to the essential purpose of the Treaty, which is to unite national  markets into a single market. That purpose could not be attained if, under the various legal  systems of the Member States, nationals of those States were able to partition th e market  and bring about arbitrary discrimination or disguised restrictions on trade between Member  States. Consequently, it would be in conflict with the provisions prescribing the free movement of products within the common market for a manufacturer of sound recordings to exercise the exclusive right to distribute the protected articles, conferred upon him by  the legislation of a Member State, in such a way as to prohibit the sale in that State of  products placed on the market by him or with his consent in another Member State solely  because such distribution did not occur within the territory of the first Member State.7  In the EU, the principle of exhaustion of IP rights is as follows. The holder of an  Intellectual Property right loses his absolute right with the first sale in the EU territory. In  other words, the first commercialization of a good in a territory of the European Union  made by the holder of an industrial property right, or by a legitimate licensee, has as a  consequence that that good may freely circulate in Europe, and the legitimate IP holder  may not oppose the successive acts of reselling. Using the wording of the Centrafarm Case:   It cannot be reconciled with the principles of free movement of goods under the  provisions of the Treaty of Rome if a patentee exercises his rights under the legal  provisions of one Member State to prevent marketing of a patented product in said State  when the patented product has been brought into circulation in another Member State by  the patentee or with his consent Again, this is a good example of the function of the law  as a system to solve conflicts: on one side the traditional principle of territoriality of IP  rights; on the other side the aspiration to a common market in favour of international  trade. The aim of the exhaustion theory is to strike a balance between the free movement  of goods on the one hand, and the proprietors exercise of exclusive intellectual property  rights to distribute his goods on the other hand. The holder of an IP right holds therefore   the right to choose where, under which conditions and at which price his goods are put on  the market for the first time. No need to say that international exhaustion allows parallel  imports. The theory of exhaustion obviously improved in the course of time. In order to be  applicable, various conditions have to be met. It requires the consent of the legitimate  holder (consent that may be express or implied). And it also requires that the legitimate  holder receives, with the first sale, a reasonable remuneration. Depending on the  jurisdiction concerned, one often distinguishes between national exhaustion and  international exhaustion. In the European Union the term regional exhaustion is  frequently used. Regional exhaustion, in the EU member States, means that IP rights are  considered exhausted for the territory of the EEA when the product has been put on the  market in any of the EEA Member States.   Once the principle of exhaustion was established, the EU Law incorporated it in  regulations, directives and conventions. For example, art. 7 n. 1 of the First Council  Directive of 21 December 1988 to approximate the laws of the Member States relating to  trade marks (89/104/EEC states that The trade mark shall not entitle the proprietor to  prohibit its use in relation to goods which have been put on the market in the Community  under that trade mark by the proprietor or with his consent9. Art. 13 of the Council  regulation (EC) n. 207/2009 of 26 February 2009 on the Community trade mark states that   A Community trade mark shall not entitle the proprietor to prohibit its use in relation to  goods which have been put on the market in the Community under that trade mark by the  proprietor or with his consent10.   The Information Society Directive (Directive 2001/29/EC) on the harmonization  of certain aspects of copyright and related rights in the information society refers to this  principle in paragraph 28 and 29. The Directive is a little old in relation to the high speed  of technology, but is still there.11   1. c) The principle of exhaustion in EU Case Law   In Germany, the German Supreme Court (BGH) has repeatedly acknowledged the  exhaustion principle as a precautionary principle for the entire IP law (BGH, 22 January  1964, Maja Case; BGH, 10 April 1997, Sermion II Case).   In France a large number of decisions were reported to deal with the exhaustion  principle (Commercial Chamber of the Court of Cassation, 9 April 2002 n ° 99/15428,   Cass. Com., 20 February 2007, n ° 05/11088; Cass. Com., 26 February 2008, n ° 05/19087;   Cass. Com., 7 April 2009, n ° 08/13378; CA Paris, 15 June 2011, n ° 2009/12305).   In Austria the principle of exhaustion within the EU was applied even before it was  explicitly mentioned in the Austrian Trade Mark Act (Austrian Supreme Court October 15,  1996).   9 89/104/EEC First Council Directive of 21 December 1988 to approximate the laws of the Member States  relating to trade marks   10 COUNCIL REGULATION (EC) No 207/2009   11 Directive 2001/29/EC   Exhaustion Online with regard to Database in the European Union 2- DATABASE   The protection of electronic databases was first considered by the EC Commission  in the 1998 Green Paper. An initial proposal was adopted on January 29, 1992, and was  greeted, at least in the United Kingdom (which has the largest database industry in the  Community) by a considerable degree of opposition, due to the perceived reduction in  protection for many factual and numerical databases.12   Regarding the concept of database, we should say that it is a collection of  independent works, data or other materials arranged in a systematic or methodical way and  individually accessible by electronic or other means which can include literary, artistic,  musical or other collections of works or collections of other material such as texts, sound,  images, numbers, facts.13 Databases in the European Union are regulated through Directive  96/9/EC, also known as the Database Directive. It is an European Union Directive in the  field of Intellectual Property Law, made under the internal market provisions of the Treaty  of Rome. It harmonizes the treatment of databases under copyright law and the sui generis  right for the creators of databases which do not qualify for copyright.   The exhaustion principle does not allow the reproduction of data. The German  Supreme Court has confirmed this: it held that if there is extraction of a substantial part of  the database, there is no exhaustion as exhaustion covers the right of distribution and not  extraction.14 Online electronic databases cannot benefit from the exhaustion principle. The  database must have been sold. If it is given free of charge, the principle of exhaustion does  not apply. The CJEU held this to be so in the field of trademarks in Peak Holding v Axolin-  Elinor and later confirmed it in LOreal v eBay.15 There is no reason why these decisions  would not apply here by analogy as the term used in Article 7(2)(b) is sale. The same  applies to Article 5(c) in the copyright chapter of the Database Directive.   Article 7 furthermore specifies acts of temporary or ephemeral copying as  extraction.112 In contrast to the initial draft, which required a commercial intention,   12 E.C. Intellectual Property Materials, Sweet Maxwells, 1994, 1 (F) Amended Proposals of 4 October 1993  for a Council Directive on the legal protection of databases (COM (93) 464 final SYN 393) [1993] O.J.  C308/1, p. 36 13 Article 7(1) DDir (96/9/EC)   14 Marktstudien (Market Surveys), 21 April 2005, Case I ZR 1/02[2005] GRUR 940; [2006] IIC 489   15 Case C-16/03 Peak Holding v Axolin-Elinor [2004] ECR I-11313 and Case C-324/09 LOreal v eBay [2011]   ETMR 52   Exhaustion Online with regard to Database in the European Union  consent is required for loading a database into a computer RAM, as this will copy the entire  database. The consequences of prohibiting acts of temporary or even ephemeral copies   such as caching is an inconsistency between online and offline databases. Whereas an  offline database such as a CD-ROM or a smaller database technically requires RAM  storage of a substantial part, accessing a large online database normally merely requires the  copy of the entries accessed to be copied.16   Exhaustion only applies to databases in tangible format. If someone lawfully  acquired a tangible copy of the databases, the right holder will not be able to control its  resale within the European Union. However, in two cases, there will arguably not be  exhaustion. The reason is the use of the narrow word sale and resale. First, there will not  be exhaustion when the right holder gave rather than sold the database. In this case, the  right to control distribution remains. Thus, the sale of a copy of a database distributed  freely by the maker, may infringe.17 The second case is when the purchaser wishes to give  the database instead of reselling it. It seems that, in that case, the gift of the database by the  person who acquired it can also be controlled by the right holder.   It must be noted that, in a recent case, 18the Versailles Court of Appeal surprisingly  held that, for a database producer to benefit from her rights of extraction and reutilization,  she must have asserted it previously, before any infringement act is committed. The  mention of the interdiction to extract or reutilize contents from the database becomes a  condition of opposability of the sui generis right granted to the database maker by Article L.  342-2 of the IPC. The claimant lost her case since she did not make such mention on the  website she created. This decision seems to add a condition which does not exist in the  Directive. The sui generis right is not dependant on any formality.   Two German courts held that the creation of deep links is not an infringement of  the sui generis right19. This is not surprising since it is difficult to see how a deep link is an act  of extraction or reutilization.   Under Article 3, databases which, by reason of the selection or arrangement of  their contents, constitute the authors own intellectual creation are protected by copyright  16 Guido Westkamp, Protecting databases under US and European law methodical approaches to the  protection of investments between unfair competition and intellectual property concepts, 2003   17 Bently Sherman 2004, p. 303   18 Rojo R. v Guy R., CA Versailles, 18 November 2004, available on http://www.legalis.net.   19 SV on line GmbH v Net-Clipping, OLG Munich, 9 November, 2000 [2001] ZUM 255; Handelsblatt v Paperboy,   OLG Cologne, 27 October 2000 [2001] ZUM 414; BGH, 17 July 2003 [2003] Cri.   as collections: no other criterion may be used by Member States. This may be a relaxation  of the criterion for protection of collections in the Berne Convention for the Protection of  Literary and Artistic Works,[2] which covers collections of literary and artistic works and  requires creativity in the selection and arrangement of the contents: in practice the  difference is likely to be slight. Any copyright in the database is separate from and without  prejudice to the copyright in the entries.   Copyright protection is not available for databases which aim to be complete,  that is where the entries are selected by objective criteria: these are covered by sui  generis database rights. While copyright protects the creativity of an author, database rights  specifically protect the qualitatively and/or quantitatively [a] substantial investment in  either the obtaining, verification or presentation of the contents: if there has not been  substantial investment (which need not be financial), the database will not be protected  [Art. 7(1)]. Database rights are held in the first instance by the person or corporation which  made the substantial investment, so long as: the person is a national or domiciliary of a  Member State or the corporation is formed according to the laws of a Member State and  has its registered office or principal place of business within the European Union.   The holder of database rights may prohibit the extraction and/or re-utilization of  the whole or of a substantial part of the contents: the substantial part is evaluated  qualitatively and/or quantitatively and reutilization is subject to the exhaustion of rights.   Public lending is not an act of extraction or re-utilization. The lawful user of a database  which is available to the public may freely extract and/or re-use insubstantial parts of the  database (Art. 8): the holder of database rights may not place restrictions of the purpose to  which the insubstantial parts are used. However, users may not perform acts which  conflict with normal exploitation of the database or unreasonably prejudice the legitimate  interests of the maker of the database, nor prejudice any copyright in the entries. The  same limitations may be provided to database rights as to copyright in databases (Art. 9):  extraction for private purposes of the contents of a non-electronic database; extraction for  the purposes of illustration for teaching or scientific research, as long as the source is  indicated and to the extent justified by the non-commercial purpose to be achieved;  extraction and/or re-utilization for the purposes of public security or an administrative or  judicial procedure. Database rights last for fifteen years from the end of the year that the database was  made available to the public, or from the end of the year of completion for private  databases (Art. 10). Any substantial change which could be considered to be a substantial  new investment will lead to a new term of database rights, which could, in principle, be  perpetual. Database rights are independent of any copyright in the database, and the two  could, in principle, be held by different people (especially in jurisdictions which prohibit  the corporate ownership of copyright): as such, database rights can be compared to the  rights of phonogram and film producers.20   3- CONCLUSION The idea of digital first sale doctrine imploded into the mainstream copyright  discussion only a few years ago, although it has already been discussed for almost two  decades. The problem was reflected by academia, case law and legislature as well. Although  notable sources take the view that the concept of digital exhaustion deserves support, the  majority of commentators refused to accept this idea. Likewise, legislative proposals that  were submitted to the German Bundestag and the Congress of the United States, were  ultimately refused by the relevant national parliaments (or were not even discussed by them).   Under the traditional, positivist vision of copyright law, any similar ideas are condemned to  death at the moment, especially in the light of the WCT Agreed Statement. Similarly, the  CJEUs constructive interpretation of the international and regional copyright norms led to  flawed argumentation. However, significant economic, social and technological arguments  support the view that it is time to reconsider at international legislative level.   It looks like it is time to adapt the principle of exhaustion on an online perspective.  Technology goes faster than law, so when the law goes a step forward, a new problem  arises. Streaming and cloud computing are good examples. The majority of Reports  acknowledge the problems, and underline various aspects. The first is that the principle of  exhaustion of intellectual property rights was elaborated and developed in a time when  goods and services were mainly material and sold and distributed through material and  traditional channels. This approach is overturned by the new technologies. The second is  that it is no longer possible to distinguish, as far as the principle of exhaustion is  concerned, but also in general, among industrial property and intellectual property.   Copyright is expanding. The third is that it is more and more difficult to separate and  distinguish traditional industry and online industry as well as material and immaterial goods   20 Intellectual Property Law, Trevor Cook, 2010   Exhaustion Online with regard to Database in the European Union  and services. The majority of the Reports are of the opinion that on-line infringement of  intellectual property rights is normally dealt with the ordinary rules of civil procedure, and  that there is no particular necessity of elaborating new ones. The difficulties of enforcing  decisions abroad against foreign on line infringers in copyright cases are the usual ones,  common in the legal praxis when a decision must be enforced against foreign infringers.21  Dennis S. Karjalas thoughts serve as a great point to finish with. He stressed that  either we believe in the first-sale doctrine in the digital age or we do not. If we no longer  believe in it, we should discard it openly and not through verbal gymnastics interpreting the  definition of copy for the purposes of the statutes reproduction right. Nor should our  definition of copy force systems engineers into unduly intricate or artificial designs simply  to protect the right of the owner of a copy of a music file to transfer that file, provided that  no copies derived from the transferred file are retained.22   21 To what extent does the principle of exhaustion of IP rights apply to the on-line industry? Avv. Prof.   Vincenzo Franceschelli, 2014.   22 Dennis S. Karjala: Copying and Piracy in the Digital Age, Washburn Law Journal, 2013: p. 255.   Exhaustion Online with regard to Database in the European Union   BIBLIOGRAPHY à ¯Ã¢â‚¬Å¡Ã‚ · Bently Sherman 2004, p. 303 à ¯Ã¢â‚¬Å¡Ã‚ · David T. Keeling, Intellectual Property Rights in EU Law Volume 1 à ¯Ã¢â‚¬Å¡Ã‚ · Dennis S. Karjala: Copying and Piracy in the Digital Age, Washburn Law Journal, 2013 à ¯Ã¢â‚¬Å¡Ã‚ · Guido Westkamp, Protecting databases under US and European law methodical approaches to the protection of investments between unfair competition and intellectual property concepts, 2003 à ¯Ã¢â‚¬Å¡Ã‚ · Jens Schovsbo: The Exhaustion of Rights and Common Principles of European Intellectual Property Law. à ¯Ã¢â‚¬Å¡Ã‚ · Sweet Maxwells, E.C. Intellectual Property Materials à ¯Ã¢â‚¬Å¡Ã‚ · T. de las Heras Lorenzo, El agotamiento del derecho de marca, Editorial Montecorvo, Madrid, 1994, p. 47; à ¯Ã¢â‚¬Å¡Ã‚ · Trevor Cook, Intellectual Property Law, 2010 à ¯Ã¢â‚¬Å¡Ã‚ · Vincenzo Franceschelli, To what extent does the principle of exhaustion of IP rights apply to the on-line industry? 2014. à ¯Ã¢â‚¬Å¡Ã‚ · Centrafarm B.V. and Adriaan de Peijper v. Sterling Drug Inc., in 6 IIC 102 (1975). à ¯Ã¢â‚¬Å¡Ã‚ · 89/104/EEC First Council Directive of 21 December 1988 to approximate the laws of the Member States relating to trade marks à ¯Ã¢â‚¬Å¡Ã‚ · Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmà ¤rkte GmbH Co. KG. 8 June 1971, European Court Reports à ¯Ã¢â‚¬Å¡Ã‚ · Guajakol-Karbonat RGZ 51, 139. à ¯Ã¢â‚¬Å¡Ã‚ · LOreal v eBay à ¯Ã¢â‚¬Å¡Ã‚ · Marktstudien (Market Surveys), 21 April 2005, Case I ZR 1/02[2005] GRUR 940; [2006] IIC 489 à ¯Ã¢â‚¬Å¡Ã‚ · Peak Holding v Axolin-Elinor à ¯Ã¢â‚¬Å¡Ã‚ · Rojo R. v Guy R., CA Versailles, 18 November 2004, available on à ¯Ã¢â‚¬Å¡Ã‚ · COUNCIL REGULATION (EC) No 207/2009 à ¯Ã¢â‚¬Å¡Ã‚ · Directive 2001/29/EC à ¯Ã¢â‚¬Å¡Ã‚ · International Exhaustion and Parallel Importation 1 International Exhaustion and Parallel Importation http://www.wipo.int/sme/en/ip_business/export/international_exhaustion.htm 2 T. de las Heras Lorenzo, El agotamiento del derecho de marca, Editorial Montecorvo, Madrid, 1994, p. 47; F.-K.   Beier,  ´Grenzen der Erschà ¶pfungslehre im Markenrecht; zur Beurteilung des Vertriebs umgepackter und neu  gekennzeichtner Originawaren in den Là ¤ndern der Europà ¤ischen Wirtschaftsgemeinschaft.   Exhaustion Online   3 Guajakol-Karbonat RGZ 51, 139. 4 Intellectual Property Rights in EU Law Volume 1, David T. Keeling, p. 75-76 5 Jens Schovsbo: The Exhaustion of Rights and Common Principles of European Intellectual Property Law. In: Ansgar Ohly: Common Principles of European Intellectual Property Law, Mohr Siebeck, Tà ¼bingen, 2010: p. 170. 6 Case 78/70 Deutsche Grammophon Gesellschaft mbH v Metro-SB-Großmà ¤rkte GmbH Co. KG., 8 June 1971, European Court Reports, 1971: pp. 499 500., para. 5-11. Compare to Article 36 of the EEC Treaty. On the application of Article 36 of the EEC Treaty see: Nial Fennelly: Rules and Exceptions: Freedom of Movement and Intellectual Property Rights in the European Union. In: Hugh C. Hansen: International Intellectual Property Law Policy, Volume 5, Juris Publishing, Huntington, 2003: pp. 33-4 33-11. Exhaustion Online with regard to Database in the European Union 7 Case 78/70, supra note 64, p. 500., para. 12-13.   8 verbatim Centrafarm B.V. and Adriaan de Peijper v. Sterling Drug Inc., in 6 IIC 102 (1975).   Exhaustion Online with regard to Database in the European Union