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Anim8or - Basics to Advanced/User Interface Overview/Object Edit

The Object/Edit button set
The first button we will go over is the arrow button all the way at the top of the toolbar: This button puts you in Object/Edit mode. There is also an arrow button below this one. Don't confuse the two. The top one puts you in the Object/Edit mode while the other one is the Select button.

The button immediately to the right of the Object/Edit mode arrow button is the Object/Viewpoint mode button: This button puts you in a mode where you can change the way the camera views your 3D objects. When you are in this mode you can zoom in the view, move around the camera, and also rotate the camera.

The button below the Object/Edit button is the Object/Axis mode. ''Object/Axis mode will allow you to move the XYZ arrow so an object will rotate about itself. First select the problem object in top menu under OBJECT, select its name (if you haven't named it, will likely be something like object01, object02 etc.). Now the object will be isolated. You must be in WIREFRAME view mode to see the red and blue arrows. Click the object/axis button, then immediately click the move tool below it and you will now be able to drag the blue and red arrows to the center of your object. Don't move your object when moving the red and blue arrows for your pivot point, you will see in the very center of the grid (turn on grid ) very large red and blue arrows. Your object will located on the grid where it is supposed to be in relation to other objects (in the world) so it wont be centered on master grid. OKAY, back to moving your arrows: With the MOVE TOOL selected - Move the XYZ arrow into the center of your object then choose LEFT VIEW so you can see it from the side and move the XYZ arrow center once again to the center. Use the ARCH ROTATION viewing gizmo as well to immediately rotate your view in all directions to be sure XYZ arrow is dead center of object. To get back to a dead on straight view, exit the arch gizmo and choose from the TOP MENU bar "VIEW" and then choose "FRONT". Save often your work often. ((CAREFUL! Each time you change the VIEW to center your XYZ arrow, you must AGAIN select the object axis button and then move tool, or you might move your object if you don't pay attention.))''

''If you were having trouble with an object darting off screen each time you attempted to scale, this will likely solve that problem as now the pivot point (arrows) is within the object. It is desirable in most of your pieces, to have an object pivot in place - especially when building up items - as this will allow you to rotate and scale an object so it fits onto another without the object arching off into the distance. In other cases, you might wish to have the pivot/axis point in another spot on the object. If you had a foot, you might want to move to pivot closer to the ankle, so the foot would rotate around the ankle area, as in real anatomy (Im NOT talking about bone/figure mode). Or if you have a door, the pivot could be moved to the edge where hinges are normally, and the rotation would be real world physics correct. Pivot/axis points are a concern when you are turning objects around to see them and move/attach them.''

''Later in your 3D project the pivot/axis point will be important to you if you animate that object across a timeline in a movie. Again, a leg should rotate at the hip socket, hands of a clock would need to rotate from the end where they attach to the center, etc. Those old action figure GI JOE dolls with the ball joints, where you can bend the legs, arms, neck... that's a good way to think of pivot points. There are even quite a few action doll animations on Youtube where people animate the figures to look alive. Same concept in your 3D world.''

''Lastly, keep in mind that, for example, a toe might have its own axis/pivot—but once you JOIN SOLIDS and attach the toe to the foot—you are now dealing with the pivot/axis of the foot. The toe has been absorbed by the foot as far as pivot/axis is concerned.''

The button immediately to the right of the Object/Axis button is the Object/Point Edit mode button: This button puts you in a mode that allows you to edit the properties of the 3D object's vertices, faces, and edges.

Below those main 4 buttons you will see three buttons with the letters "X", "Y", "Z": These buttons restrict movement in 3D space to certain axis.

Right below those buttons are the Screen Coordinates option buttons: With these buttons, you change which type of coordinate system you want the program to go by. Options are world, object and screen.


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Straw Bale Construction/Characteristics/Acoustics

= Acoustics of straw bale structures =

A report carried out in Denmark (Halmhuse - Udformning og materialeegenskaber Straw_Bale_Construction/Resources/Technical_Studies) measured the sound insulation performance of a wall in an existing home. The measurements were carried out in a wall with both horizontal strawbales (where the straws were perpendicular to the plane of the wall) and on a wall with vertical strawbales (where the straws were parallel with the plane of the wall). In both instances there were approximately 40 mm of clay rendering on each side of the wall. In the first instance the sound insulation (expressed with the sound reduction R’w) was found to be R’w=52 dB and in the second instance to be R’w=46 dB. The second result is affected considerably by bed-lofts in both rooms that were carried by a wooden framework in the wall. DELTA estimates that an construction focusing on reducing the transmission due to openness in the construction (flank transmission), would be able to obtain values of 53-54 dB, regardless of the direction of the straws. For comparison it can be mentioned that the requirement of the Danish Building Regulations in 2004 for a wall that separates apartments in housing blocks is 52 dB, while the requirement for walls between non-detached houses built in accordance with the Danish Building Regulations for Small Houses is 55 dB. It should be mentioned that walls that only just satisfy these code requirements are not always perceived as satisfactory by the residents. For most other applications the strawbale-walls will have satisfactory sound insulation performance. Within a dwelling the sound reduction is particularly satisfactory and the actual sound insulation will most likely be determined by the doors.

A less formal study was made of a recording studio in Sydney by John Glassford of Huff 'n' Constructions. This has yet to be added.

Links
These links are what I have for SB recording studio's

 * http://www.alteredstaterecords.com/strawbalestudio.html
 * http://www.aaronenglish.com/aaronbio.html
 * http://www.johari.co.uk/music.html
 * http://web.archive.org/20020228092424/www.geocities.com/dreamingbones/music.html
 * http://www.pindropclub.co.uk/strawdio
 * http://sbregistry.greenbuilder.com/search.straw?RID=110

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Category talk:Cocktails

I'm not sure if anyone ever reads this page, but...  It seems that recently the format for wikibooks cocktails has been changed. At one point they were in a format like so: http://en.wikibooks.org/wiki/Bartending:Boiler but they've now been moved to a format like so: http://en.wikibooks.org/wiki/Bartending/Cocktails/Dry_Martini I bring this up because we have lots of broken links at wikipedia to cocktails articles which I can't find, either using the old or the new format. Has someone deleted a large number of these, or moved them somewhere unexpected? --24.16.34.45 16:41, 24 March 2006 (UTC)

title: Category talk:Cocktails


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User talk:72.136.80.125

If you plan to do some experimentation using Wikibooks, I would strongly suggest that you check out Sandbox before you start to create new pages on Wikibooks. --Rob Horning 17:54, 24 March 2006 (UTC)

title: User talk:72.136.80.125


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Talk:Policy Debate/Stock Issues

Major Edit
I added some wiki formatting and did some major editing. I tried to emphaaize the meaning of each of the stock issues. 64.148.172.62 17:59, 24 March 2006 (UTC)

title: Talk:Policy Debate/Stock Issues


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Go/About this book

This is a beginner's guide to understanding the game of go. Its goal is to develop, explain and demonstrate the basic and foundational concepts of go. The intended audience is beginners through to the level of intermediate amateur, and will be structured using the stages of the game as a framework. The first few sections will include all the foundational concepts of the game, with examples and context to explain why they are important. The final section is split into subsections covering the opening game, middle game, and endgame, in both theory and practice. Within each section strategy will be covered first, then tactics. Strategy concerns the big picture and focuses on larger portions of the board or even the entire board. Tactics, on the other hand, focuses on the small and intricate details specific to smaller portions of the board.

The distinguishing factor of this guide is this intended goal and structure. It is intended to be concise and clear, providing a complete framework to initiate someone into the game. Other sources are more expansive and detailed, and are designed to either act as a form of Go library (for example GoBase), or a complicated discussion and analysis of concepts and principles (for example Sensei's library). There are also hard copy books in print for beginners, such as "Teach yourself Go" by Charles Matthews. Next section: Go/Basic Rules and Foundational concepts

Below is an example illustration used throughout this guide. It was created by the author using the tools on gobase.org.

title: Go/About this book


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Talk:Go/About this book

This is my attempt at giving this textbook focus, strategy, and structure. If you feel this is not the best way then let me know here.The changes I make to the rest of this textbook will reflect this strategy. --Mystic Philosopher 18:33, 24 March 2006 (UTC)

The equipment section I have just added needs picturus and I don't know how to do that. Ulfrinn 17:02, 27 March 2006 (UTC)ulfrinn

"The intended audience is beginners from levels 35kyu through levels 5kyu." This is an amazingly HUGE range of ranks... I'd suggest splitting this book into 3 books if this range is required, or changing the range from absolute beginner to 20 kyu. A late beginner level book might range from 20k to 12k and an intermediate level book might range from 12k to 5k. Malweth 16:36, 27 June 2006 (UTC)

 * Agreed, I think having the separate sections will help, and I think the introduction needs to avoid using the rank system anyway, as someone coming to the game may have no idea what 30k or 5k actually represent in ability. Topazg 20:05, 4 October 2007 (UTC)

title: Talk:Go/About this book


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Mathematical Proof/Methods of Proof/Other Proof Types

= Other kinds of Proof =

Some Proofs do not fall into any of the categories listed above. For example, a non constructive existence proof is a method which demonstrates the existence of a mathematical entity, without actually constructing it.

Non Constructive Existence Proofs
For example, proofs exist which show the existence of nonconstructible numbers (numbers which can not be created using any combination of algebraic operations). These proofs can clearly not be constructive.

Proof By Exhaustion
Proofs which analyse and document every instance of an assertion in a case-wise analysis can be used in finite cases. This is a cumbersome method of proof and is really only suitable when dealing with fairly small sets. A more involved use of proof by exhaustion is the proof of the Four-Colour Theorem. The proof has broken down the four-colour problem into subsets and a four-colour proof was applied to each of these by a computer. This proof has not currently been verified by a human and is hence not considered fully proven.


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Go/Lesson 2: Basic Rules and Foundational concepts

Basic Rules =Basic Rules=

Liberties
One very important concept in the game of Go is the concept of liberties, or free intersections surrounding a stone. To count how many liberties a stone has you have to simply count how many free intersections, surrounding that stone, aren't occupied by other stones. So a lone stone in the middle of the board has four liberties (intersections placed diagonally to each other aren't connected), while a lone stone on the side of the goban has only three liberties and one placed in a corner has two.

Whenever an enemy stone occupies one of these intersections, the original stone loses one liberty (since the intersection isn't free anymore). It's also true that placing a stone of the same colour on an adjacent intersection reduces the liberties of the first stone by one, but they form a group, so their individual liberties aren't as valuable as before.

When two or more stones, of the same colour, are placed on adjacent intersections (remember, not diagonally) they form a group. When a group is formed, its liberties are now the sum of free intersections adjacent to any single stone composing the group itself. So two adjacent stones, in the middle of the board can have at most 6 liberties (three for each stone, since the fourth liberty is occupied by the other stone in the group). We can see that grouping stones is a good way to increase liberties.

Capturing Prisoners
To capture a stone, or a group of stones, one must completely cut off all of its liberties (in other words, the stone is surrounded on all four sides). Once a stone is captured, it becomes a prisoner. This is important, because for every stone captured a point is subtracted from that player's total amount of territory. Capturing works the same way with groups of stones — all captured stones are removed from the board and kept by the player who captured them. The area where the stones were removed from becomes the territory of the capturing player.

[Needs to mention suicide, both legal (when taking a group) and illegal (otherwise)]

[A diagram would also be nice for that purpose]

Atari
A stone with only one liberty remaining is in "atari." This means the stone is vulnerable to capture in a single move by the opposing player. This is somewhat comparable to "check" in the game of Chess, but occurs more often and is "less important" to the overall strategy of the game. In Chess, when the King is in check, direct action must be taken to resolve this (e.g., the king must be moved out of check, another piece must move to block the attacking piece, or the attacking piece must be captured). In Go, there is no such requirement; when a stone is placed in atari, it is not necessary to respond at all. The stone can remain in atari for many moves, or be captured by the opposing player immediately, or protected by the attacked player immediately. When a stone is placed in atari, a player may see fit to attack another area of the board or continue working to capture other territory. A player placing an opponent's stone in atari is not required to announce it.

Learn to recognize capturable stones and groups: Go/Capturing exercise

Ko rule
A ko is a shape (an arrangement of stones) where one player is able to capture exactly one of his opponent's stones with one move, but after capturing the stone his opponent is able to capture (in one move) the stone that was just played again, creating an opportunity for his opponent to capture that stone in the same way again. One could capture back and forth in a ko indefinitely. This could be a problem and stop all progress in the game, so a rule was made to stop this from continuing. When one player takes a ko the other must play in another place before they can play at the ko again. This gives the first player a chance to fill in the ko and stop the fight.

To prevent the first player from settling the ko, the second player must compel the first to also play elsewhere. This is done by identifying locations where, if the second player could play two stones in a row, the result would cost the first player more than winning the ko gains. These are called ko threats and can include threatening to rescue a large dead group, kill a large living one of the opponent, or mount a costly invasion into the opponent's territory. If the first player responds, the second player is now allowed to retake the ko and it is the first player who must now find a ko threat. If the first player ignores the threat and settles the ko, the second player follows through on their threat and takes some compensation for losing the ko.

Handicaps
To balance a game being played between players of significantly different skill, the weaker player is sometimes granted a handicap of one or more "free" stones. Some rule sets (Chinese, New Zealand, etc.) allow these to be placed anywhere the player desires. Other rules (Japanese, e.g.) have predefined handicap placement. Placing handicap stones is treated as black's first move, so white moves first after the handicap stones have been placed. One handicap stone is often given for every on rank difference between players. Thus if a player (white) with the rank of 7 kyu played a player (Black) with a rank of 12 kyu black would receive a handicap of 5 stones. though if the two players are only a rank or two different it is often unnecessary to use a handicap. In addition, one handicap stone is worth roughly 10 points, so if either you or your opponent does not know their rank play an even game and if one player loses by a large margin give them one stone for every ten points they lost by (as an estimate) and play another game. Repeat this until the proper handicap has been reached.

Komi
In even games (games without any handicap stones), white is given a compensation for the fact that black moves first. In Japanese rules, this compensation is worth 6.5 points (the half point ensuring that no game will ever be drawn). In handicap games, white is occasionally given a half (0.5) point of compensation, simply to prevent a draw from occurring.

Reverse Komi
Sometimes, instead of giving white the compensation (komi), black is given that compensation instead, as a sort of handicap. This is occasionally referred to as a "one-stone handicap", but is more popularly and simply called "reverse komi".

=Foundational Concepts=

Placing Stones
Stones are placed at the points created by the intersecting lines of the grid. A stone may be placed on any empty point, unless that point has no adjacent empty points and the placement does not cause the capture of adjacent enemy stone(s). The traditional way of placing stones on the board is by grasping the stone with the index and middle fingers, with the stone held horizontally between the index (below) and the middle (on top) fingers. This may feel awkward the first few times it is done.

Surrounding Territory
Territory is surrounded when all of the points/intersections in an area are controlled by a single colour. Only an outline is needed to claim territory — placing stones at every point within an area will not claim territory (and in fact reduces the actual territory claimed — in Japanese rules the game is scored by counting open territory claimed, not spaces occupied by stones). An "eye" is one example of a group (joined stones) that claims territory. An opponent may play within territory if it is legal to do so.

Cutting
Cutting occurs when a stone is placed between two groups of enemy stones in order to prevent the groups from connecting.

Perhaps this should be moved more towards an intermediate level

Initiative (Sente - Gote)
Sente is when a player is "ahead" of his opponent if you will. It is when he forces the other player to respond to his moves. It is said that this player is in sente and his opponent in gote.

This section needs to be expanded. It may also need to be moved to a more intermediate level

Life and Death
A dead group is one that is unable to make more than one eye. Such a group is at risk of capture because it cannot be completely defended. A live group is one that is able to make two or more eyes. This is a very powerful group because the enemy cannot attack it successfully; any attack will result in immediate suicide or eventual capture of more territory or stones by the owner of the live group.

Groups can sometimes be neither completely dead nor completely alive.

Eyes
A single group of interconnected stones with one point of territory forms an eye. A group with two or more eyes cannot be captured, as at both points white could not play without the stone played having no liberties (called suicide, and is not a legal move in the Japanese rule set), and is a powerful structure within the game.

Tsumego
Tsumego is Japanese for life and death problems. You are given a situation and you have to figure out how to make a group live (or how to kill a group). There are several sites that offer life and death problems, for example goproblems.com. There are also books containing these problems.

Tsumego is one part of Go/Igo/Baduk/Wei Qi, though studying tsumego alone isn't enough to progress it may help a lot in battles, as well as your calculative abilities and your ability to perceive weak groups.

Seki
A Seki situation happens when opposing groups are placed so that both depend on the same liberties to survive. Neither player can place the other into atari because this would place themselves into atari as well. Seki situations are usually left alone until the end of a Go game. The free points in them are not counted when it's time to count for scoring.

Exigent
First you should play the most urgent or necessary moves. These are the moves that could cause you to lose considerable amount of territory or weaken your position. Ask yourself: do I have any groups that could be killed in less than three turns, and should I protect them?

Exploit
If you can find no moves of the first type, you should look for ones that take advantage of an opponent's weakness. Also find what would be your opponent's urgent moves and block those, or otherwise take advantage of them.

Expand
If there are none of the first two types of moves then find the move that would take the most territory or the biggest move.


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Immigrating to Canada/Provincial Nominee Program

The Provincial Nominee Program is part of an agreement set up between the federal government and certain provincial governments to encourage workers skilled in a field that is of high demand immigrate to the province.

To be eligible for the program the applicant must:
 * 1) have arranged employment in the province.
 * 2) be able to afford the fee of $5,000.


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Speech-Language Pathology/Stuttering/Fluency-Shaping Therapy/Fluency-Shaping Protocols

William Perkins believes that stuttering is a discoordination of phonation (vocal fold vibration) with articulation (lips, jaw, and tongue) and respiration (breathing). He believes that stuttering is a disorder of timing.

Perkins' therapy develops compensatory skills that enable stutterers to talk fluently. Stutterers can't use all these fluency skills in every conversation. Using fluency skills demands attention and mental effort. He recommends that his clients use these fluency skills in difficult speaking situations. The rest of the time, they talk spontaneously. For some people the fluency skills become habitual and effortless. But for most people, only parts of the motor skills become habitual. Still, this produces improved, if not perfect speech.

Establishing Fluency
Because Perkins believes that stuttering is a disorder of timing, his therapy emphasizes slow speech. The therapy uses delayed auditory feedback (DAF) to aid a very slow speaking rate of about two seconds per word, or 5-10 times slower than normal speech. You don't stutter when you talk this slowly. You start with reading out loud, then use slow speech in conversations in the speech clinic. You don't use this slow speech outside the speech clinic.

After establishing extremely slow, fluent speech, you work on five "breath flow" motor skills. These are:

 Phrasing. You limit your phrases to 3-8 syllables. This is prevents running out of air. Phrase initiation. You start each phrase with an easy vocal onset. In other words, you relax your vocal folds on the first sound of the first syllable. Soft contact. You articulate consonants softly, keeping your lips, tongue, and jaw relaxed. Breathy voice. This is a soft or breathy speaking style. Blending. You maintain a continuous airflow from the beginning of each phrase to the end. You blend each syllable into the next.

This slow-motion speech produces a monotonous, droning speaking style. You then work on adding inflections, intonations, and emotions to make your slow speech sound normal.

When you master these fluent speech motor skills at the extremely slow speaking rate, you then work on increasing your speaking rate, while continuing to use your fluent speech skills. The DAF delay is reduced from 250 milliseconds (ms) to 200 ms, or about one second per word. Then the delay is reduced to 150 ms, or about two words per minute. Then the DAF volume is reduced, then one earphone is removed, and finally DAF use is discontinued.

Transfer
At this point, your speech in the speech clinic is fluent and sounds normal. You are now ready to transfer this fluent speech to conversations outside the clinic. Perkins does this in four steps:

 Evaluate your speech. You make tape recordings of your speech, and rate your speech in terms of fluency, rate, breath flow, prosody, and self-con fidence. If you miss any of these targets, you are expected to practice the appropriate fluency shaping motor skills. Speaking hierarchies. This a rating of speaking situations from easy to dif ficult. This ranges from conversations in the speech clinic to conversations outside the speech clinic; one-to-one conversations to speaking to an audience; etc. When you can use your fluent speech in an easy situation, you move on to using it in more challenging situations.

Social and vocational changes. You are encouraged to take responsibilities at work that require talking, and to participate in social activities that require talking.

Prepare for relapse. There are times when your fluent speech will relapse, and your stuttering will return. To prepare for this, your speech therapist has you speak without each of the fluency shaping motor skills, until you stutter. For example, your talk as fast as you can, until you stutter. Then you start again, using your fluency shaping speech motor skills to regain your fluency.

"Fluency Controls and Automatic Fluency"
Perkins found that when his clients tried to use fluency skills outside the speech clinic, the fluency skills demanded too much mental concentration and attention. They also found that their speech sounded monotonous and droning. They said, "I'd rather stutter than talk like this."

So his clients stopped controlling their rate and went back to speaking spontaneously. They felt and spoke like normal speakers—at least for a few hours, usually for a few days, sometimes for a few weeks, rarely for a few months, and only once for a few years. They had no control over this spontaneously fluent speech. They could not make it happen, and they could not prevent its disappearance. They called it "lucky fluency."

Perkins at first expected that this spontaneous, fluent speech would become habitual, but it didn't. Perkins concluded that fluency shaping speech motor skills can never become automatic or permanently habitual.

Perkins then changed his therapy goals:

…those who were most satisfied with therapy were thse who found that they could use their fluency skills to warm up each day, and also have them available for emergencies. The remainder of the time they forgot about controls and spoke naturally. This made them vulnerable to some stuttering, but by facing up to their avoidances, stuttering progressively lost its sting. These clients gained confidence in their ability to speak out freely, even though that included stuttering occasionally.

Perkins differentiates two types of speech:

"Warm up" or speech exercises.

Spontaneous speech.

The "warm up" speech can sound abnormal, or require mental concentration, or use a DAF device. None of these "downsides" matter if the "warm up" speech produces carryover fluency or improved spontaneous speech.

Perkins believes that no adult stutterer is ever cured. He concludes that you will have to practice "warm up" techniques every day, to continually improve your spontaneous speech.

Perkins believes that the key issue in fluency shaping is why fluent speech too often doesn't become habitual and automatic.


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PHP and MySQL Programming/Introduction to MySQL

Introduction to MySQL
MySQL, the most popular open source SQL database, is developed and provided by MySQL AB, a commercial company which gets its income from providing services around the MySQL database. The MySQL software delivers a very fast, multi-threaded, multi-user, and robust SQL database server, intended for mission-critical, heavy-load production systems as well as for embedding into mass-deployed software.

The official way to pronounce MySQL is "My Ess Que Ell" (though in practice many users pronounce it as "my sequel"). Michael ("Monty") Widenius, the creator of MySQL, is unsure where the name originally came from, though he says that it may have come from his daughter My. Two more of Widenius's children, Max and Maria, have also lent their names to MySQL products (MaxDB and the Maria table type respectively).

MySQL Licenses
The MySQL software is released under the GNU General Public License (GPL), which is probably the best known open source license. The software is provided "as is" and is without any warranty.

The MySQL software has Dual Licensing, which means you can use the MySQL software free of charge under the GPL. You can also purchase commercial MySQL licenses from MySQL AB if you do not wish to be bound by the terms of the GPL.

You need to purchase commercial non-GPL MySQL licenses:

 * If you distribute MySQL Software with your non open source software.
 * If you want warranty from MySQL AB for the MySQL software.
 * If you want to support MySQL development.


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Canadian Contract Law/Introduction

A contract is an agreement that legally binds the parties to the agreement to do (or not do) what the contract stipulates. The essential elements of a contract are the offer, acceptance,  and  consideration. An offer is the proposal to make a contract. The acceptance is the "meeting of minds", when the "offeree" agrees to be bound to the offer. Consideration is the substance of the agreement: each side must receive something, tangible or not, in order for a contract to be legally binding.

In Quebec civil law, a contract is conceived as one part of a broader legal category, the "obligation". One is obliged to honour a contract, just as one is obliged to behave according to the minimum standards of society in avoiding harm to others. This second concept is the equivalent of the common law concept of the "tort". In the common law system, for historical reasons, the rules of contract and the rules of tort evolved separately.

title: Canadian Contract Law/Introduction


text:
Canadian Contract Law/Formation of the Bargain

Offer and Invitation to Treat
An offer is a promise which, if accepted, will bind the person who offers and the person who accepts. All of the essential terms of a contract should be in an offer, so that the person to whom the offer is made should only have to say "yes", and the contract will become enforceable.

In most contracts, the offer is made to a specific person, and that person only will be able to accept. However, this is not always so. A unilateral contract is a promise to the whole world: the offeror promises to do something in return to whomever does the thing requested. An example of a unilateral contract is a reward poster: The offeror promises to pay $25 to whomever finds his lost dog. The offer is not made to any person in particular; it is made to whomever finds his dog. An offer is deemed accepted at the moment of performance of the contract-- as soon as someone finds and returns the dog, he is entitled to $25. In fact, he need not have known about the reward poster to be entitled to the $25; in this way, the unilateral contract is in some ways an exception to the principle that a contract is the "meeting of minds".

A tricky question about unilateral contracts often arises out of their expiry. For example, many old paperbacks have coupons in them; "send in $7.95 and we shall send you the rest of this series". This is a unilateral contract: whomever sends the $7.95 should receive the other books. However, if the paperback was printed in, say 1956, one could not fill out the coupon today along with $7.95 and hope to receive the rest of the series. Why?

There are several principles for interpreting contracts. One is called the "business efficiency" principle. Where a term in a contract is missing (for instance, the expiry date of a unilateral contract), the business efficiency principle requires judges to ask what would the parties to the contract necessarily have agreed to at the time the contract was made for this contract to make business sense. Taking the example above, it would have made no business sense in 1956 for the offer contained in the paperback coupon to have remained valid for several decades: they knew then that the books would eventually go out of print and the value of the currency would drop due to inflation. However, if in 1956, they believed that this series of books would still be in print in 2004, and that inflation would remain at zero for the next fifty years, then the coupon would probably still be valid today, even if hindsight showed this offer to be foolish.

Courts have made a distinction between a unilateral contract and "mere puffery". "Mere puffery" is often found in advertising. "This is the best product ever!" and "You won't be disappointed" are examples of mere puffery. Such descriptions of the product are not considered as part of the offer, i.e., if you are disappointed, you cannot complain that the offeror did not live up to the contract. On the other hand, if an advertiser says, "if you're not satisfied, we'll give you your money back!" then that would be considered as part of a valid contract. This is called a warranty, which will be discussed below.

Acceptance
A contract is made at the moment of acceptance. What the parties thought they agreed to after the acceptance is not relevant. What matters is what the parties thought they agreed to at the moment it was accepted.

As a contract is a "meeting of the minds", it is crucial for a contract to be formed that the offeree accepts the same thing that the offeror offered. If the offer is "I will sell you this bicycle for $50" and the acceptance is "I accept your offer to sell me your bicycle for $80", then there is no acceptance, because the offer and the acceptance were for different terms.

An acceptance on different terms than the offer may be regarded as a counter-offer. If in the above example, the first person says "O.K., $80 it is," then a contract is made. Both parties are bound to an exchange of the bicycle for $80.

Consideration
Consideration is something of value in the eyes of the law moving from the promisee that will invoke the agreement. It is usually in the for ofa benefit to the promisor or a detriment to the promisee. In general, consideration is essential to all contracts, with the exception of contracts under seal. Moreover, the courts will often go to great length to find consideration.


text: Canadian Contract Law/Unenforceable Contracts


text:
Canadian Contract Law/Excuses for non-performance

Mistake
There are three types of mistake:
 * 1) Unilateral mistake
 * 2) Mutual mistake
 * 3) Common mistake


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Canadian Contract Law/Remedies for Breach

Remedies for Breach
If a contract is broken, the injured party might be expected to demand any of the following:

 * to have what they gave returned to them ("restitution")
 * compensation for their loss ("damages")
 * forcing the other party to live up to the contract ("specific performance")

In the common law tradition, damages is the usual remedy that a court awards for a broken contract. Restitution and specific performance are only available in specific circumstances.

Damages
Compensation to attempt to put victim in position he/she would have been in if contract properly performed

Rescission
Rescission (to "set aside" a contract) refers to the cancellation of the contract between the parties. This is done to bring the parties as far as possible to the position they were before they entered into a contract. This an equitable remedy and is discretionary. The court may decline to rescind a contract if one party has affirmed the contract by his action (see Long v Lloyd) or a third party has acquired some rights or there has been substantial performance in implementing the contract.


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Canadian Copyright Law/Introduction

Copyright is a legal regime that provides a set of limited exclusive rights to regulate the creative expression of ideas. In Canada, copyright provides for two forms of rights: economic rights and moral rights. Economic rights, which is the most frequent meaning when discussing "copyright", are rights designed to allow the holder of the rights to benefit from the work. These rights can be bought and sold in any part, however, they necesssarily have a limited longevity. Moral rights on the other hand, are inalienable rights of the creator of a work that acknowledge the work as an extension of the artist's personality. They are rights that allow for the artist to protect their dignity and reputation.

The purpose of copyright law was articulated in Apple Computer v. Mackintosh Computers by Reed J.
 * purpose of the Copyright Act is and always has been to grant a monopoly. No distinction is made therein as to the purpose of the work created -- for entertainment, instruction or other purposes. The legislation historically, in my view had two purposes: to encourage disclosure of works for the "advancement of learning", and to protect and reward the intellectual effort of the author (for a limited period of time) in the work

However, the scope of these rights and those of the public are put in a delicate balance that the courts must regulate.
 * The Copyright Act is usually presented as a balance between promoting the public interest in the encouragement and dissemination of works of the arts and intellectual and obtainning a just reward for the creator (or, more accurately, to prevent someone other than the creator from appropriating whatever benefits may be generated).

Drawing the line indicating what can and cannot be property is always an ongoing debate. The ephemeral nature of expression has made it often very difficult to distinguish from an idea. Moreover, the extent to which right holders should be advantaged adds to the debate. The proliferation of new technologies has only complicated these problems as the law must continually play catch-up to the ever changing information landscape. Since 2002 copyright law has experienced a significant change on an almost yearly basis. The Courts have slowly been adopting an interpretive approach similar to the US wherein interests of the artists are offset by interests of the public as demonstrated in the quote above.

title: Canadian Copyright Law/Introduction


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Canadian Copyright Law/Sources of Copyright

Like most other common law countries there are no inherent rights to works, performances, or sound recording at the common law. Copyright exists solely in statute. According to section 91(23) of the Constitution Act, 1867 the federal government is granted exclusive power to enact laws related to copyright. The evolution of copyright in Canada has been guided by international treaties signed by Canada that try to unify copyright laws across the globe.

Copyright Act
The Copyright Act was first enacted in 1921 and was based almost entirely on the British Copyright Act of 1911. But since ratifying the Berne Convention the Act has been amended to accommodate many of the requirements of a modern copyright regime.

International Treaties
Section 91 of the Copyright Act states that Canada adheres to the following treaties:
 * (a) the Convention for the Protection of Literary and Artistic Works concluded at Berne on September 9, 1886, as revised by the Paris Act of 1971; and
 * (b) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, done at Rome on October 26, 1961.


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Canadian Copyright Law/Subsistence of Copyright

Subsistence of Copyright is at the core of the debate on what should be protected. Copyright is meant to protect the expression of ideas but never ideas in themselves. This becomes problematic as there is no clear way to discern the two. The case law on the subsistence of copyright focuses on the court's many attempts at demarking the difference between the two.

Originality
The Act provides protection for all "original literary, dramatic, musical and artistic" works. Close attention has been paid to the use of the word "original". It has been well established that the foremost requirement for the subsistence of copyright is that the work be original.

The CCH Canadian case re-evaluated the meaning of "original" in the context of several other countries including the US and Australia. The US had adopted a "creative spark" doctrine requiring a minimal sign of originality to have copyright. While Australia had adopted a "sweat of the brow" doctrine that did not require any creativity whatsoever, rather originality is substituted by the effort made by the creator. McLachlin chose a middle ground, which in retrospect is closer to the "creative spark" doctrine. For a work to be original it must be the result of the exercise of "skill and judgement". More specifically: skill, meaning the "use of one's knowledge, developed aptitude or pracised ability in producing work", and judgement, meaning the "use of one's capacity for discernment or ability to form an opinion or evaluation by comparing different possible options in producing the work". Nevertheless, originality does not require any novelty or creativity. But it does require intellectual effort beyond mere mechanical exercise.

The determination of originality on the basis presented in CCH Canadian depends on the facts. For a large part, it depends on the degree to which the work originated from the author. Many factors are considered, in particular the medium or form used is significant. Of relevance is whether it is comprised of elements that are in the public domain or not, the ordering of data or facts, or whether the form is pedestrial or novel. Mere selection is generally not enough. As well, it is significant to consider whether there is any artistic elements to it.

The exact determination is still difficult. It has been determined that copyediting of texts is not usually sufficient. But, for example, does a quick snapshot taken by a parent of their child have sufficient judgement and skill? Generally, not.

Fixation
As stated at the beginning, the philosophy behind copyright is the protection of expression of ideas. This entails that there must be a form, or "fixation", to the expression. It is fixation that distinguishes an expression from an idea.

In Canadian Admiral Corp. v. Rediffusion, the court considered fixation: "for copyright to exists in a 'work' it must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance." [emphasis added] In this case, the court found that there was insufficient fixation in the live broadcast of a sports event. Any sort of broadcast, telecast, or display of a spectacle on its own is not sufficient to be fixed. At the least, it must be simultaneously recorded in some fashion to be fixed.

To the possible exception of choreographed works, there is a requirement that the work be recorded in a relatively permanent form. Typing a note into a computer screen may be sufficiently permanent. Some cases have shown that unstructured speech or other spontaneous or improvised creations, such as a sports game, cannot contain copyright.

Exclusion
Both facts and ideas are by their very nature uncopyrightable. This will often create difficulties when it becomes necessary to separate the idea from the expression as well as in the separation of fact from the arranging and use of those facts. Where the distinction between idea and expression becomes obscured the Courts often take a precautionary view that it cannot be copyrighted so as to avoid preventing others from expressing the same idea.

Minor designs that are largely ornamental or functional are excluded as well. For example, coloured blocks used as tools in a educational progam are excluded.


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Canadian Copyright Law/Classification

In order for a work to be protected under the Copyright Act it must fall within an enumerated class of work. Copyright subsists in "every original literary, dramatic, musical and artistic work." Each class is defined within the Act, however, they are in many cases open-ended.

Literary
The term "literary" has been given an extremely broad meaning in copyright law. It naturally includes written texts, but it has also been extended to include tables, source code and compiled code. Manuals, diagrams, architectural plans, forms have all been shown to be copyrightable.

In determining whether a work is literary Courts have refused to examine whether there is any "literary merit". By virtue of being written it a work can be considered literary. It need only be shown to have taken labour, skill, and judgement to arrange the work.

The meaning of literary in its broadest form, can extend to protect characters and situations in a story. The main two criteria for determining this is the distinctiveness of the character and the notoriety of the character. (Hutton v. 20th Century Fox) Generic situations and stock characters, however, are not copyrightable (Nichols v. ??).

Computer Programs
Since the amendments in 1988 computer programs are deemed to be literary works. The Act defines a program as "a set of instructions or statements expressed, fixed, embodied or stored in any manner, that is to be used directly or indirectly in a computer in order to bring about a specific result."

In practice, this has meant that translation of code into another language can be considered infringement in the same manner that the translation of a book into another language can infringe the copyright.

Dramatic
A "dramatic work" includes:
 * (a) any piece for recitation, choreographic work or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise,
 * (b) any cinematographic work, and
 * (c) any compilation of dramatic works;

A Choreographic work includes "any work of choreography, whether or not it has any story line".

A Cinematographic work includes "any work expressed by any process analogous to cinematography, whether or not accompanied by a soundtrack".

As discussed in the "fixation" section. The communication of a dramatic event is not enough to attract copyright, nor is the presentation of musical works on television enough. The degree of premeditation is significant. A reality TV show may be largely unpredictable and improvised however, the structure of the show is well defined and likely contains copyright.

Artistic
An artistic work is typically said to be a work in a visual medium as distinguished from literary, musical, or dramatic works. "Artistic work", as defined in the Act includes "paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of artistic works" From this three basic categories of artistic works can be formulated. A work can be 1) an enumerated work (as listed in subsection 2(2) such as paintings, drawings, maps, etc.); or 2) a work of artistic craftsmanship; or 3) residual works. The first category has been relatively well defined. "Architectural works", "engravings", "photographs", and "sculptures" are all defined within the Act, while the rest are defined through their dictionary definition. The second category, however, has taken a divergent turn from the rest, requiring analysis of artistic merit. The third category remains debatable that it even exists.

As with all classes of works, an artistic work must be sufficiently original and in a fixed material form. Nonetheless, the artistic merit of the work has generally not been examined, with the exception for works of artistic craftsmanship. ''I do not accept that the category of artistic works in general must meet [an artistic] test. I do not accept that the word "artistic" in reference to "artistic work" is being used in the same sense as the word "artistic" in reference to "works of artistic craftsmanship", that is, in the latter case "artistic"-ness requires a determination along the lines of that attempted in Hercher, Merlet, or Hay. In my view the phrase "artistic work" is used merely as a generic description of the type of works which follow. It is used as a general description of works which find expression in a visual medium'' This policy decision has largely been grounded on the basis that artistic evaluation is far too difficult for the court to decide and generally leads to complications. For example, the original interpretation of "architectural works" required some degree of artistry beyond what the structure required for its use. This proved too cumbersome and thus they reformulated the protection to include all architectural works. There still remains some debate on the need for artistic merit. In, Cuisenaire v. South West Imports Ltd. the Court found that a set of coloured rods that accompanied a math book was not sufficiently artistic as the "rods are physically little more than tools or counter to be used for a particular purpose...they were never intended primarily as an article regarded as artistic or because it in itself...Indeed, even if artistic merit is not a matter of importance in copyright law, the word artistic must still be given its ordinary meaning". The end conclusion was that "an artistic work...must to some degree at least, be a work that is intended to have an appeal to the aesthetic senses not just an incidental appeal...but as an important or one of the important objects for which the work is brought into being." The requirement set by the courts means that the work be primarily designed to serve a purpose more than pure function. Nevertheless, in DRG v. Datafile the Court found copyright in a labeling system that had been created to serve a functional purpose.

Compilations
A compilation of either copyrightable or non-copyrightable material may create copyright as long as it is the result of a sufficient amount of labour, skill, and judgement.

Normal telephone books typically are said not to involve sufficient skill or judgement to have copyright. Nor are broadcast days (ordering of network TV shows).

The creation of a compilation does not alienate any of the rights that exist in the components of the works. This has resulted in many complications. Robertson v. Thompson considered the issue of a freelance writer who gave permission to a newspaper publish her article. However, she only granted the right to public her work as part of the collective work that makes up the newspaper edition, so when the newspaper put the article into an online database she sued for copyright infringement.

title: Canadian Copyright Law/Classification


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Canadian Copyright Law/Protection of Economic Rights

Protection of Economic Rights
The owner of a copyright has exclusive rights over the certain economic benefits derived from the rights.The determination of whether any rights have been violated depends on what is the extent of those rights. This is reflected in the "infringement" provision of the Copyright Act which states: 27(1) It is an infringement of copyright for any person to do, without consent of the owner of the copyright, anything that by this Act only the owner of the copyright has the right to do. The exclusive economic rights are those enumerated in section 3(1). The section gives rights to produce, reproduce, present, communicate, publish, or authorize works, depending on the type of protected work.

Produce or Reproduce
The right of reproduction is said to be the broadest of the protected rights, and in practice, it is the most often applied right. It provides "the sole right to produce or reproduce the work or any substantial part thereof in any material form whatever..." This includes both public and private reproductions. Copying within the privacy of home can still constitute infringement.

A reproduction comes in two basic types, literal copying and non-literal copying (also referred to as a colourable imitation). As well, the copy does not need to consist of a complete reproduction, the act equally protects against taking of a "substantial part" of the work.

When a work is subject to literal copying in its entirety, with either minor or no changes at all, a finding of infringement is usually simple. The judge will usually find an infringement when the similarity between the works cannot be the result of coincidence. However, when the copied work has been disguised it makes determining infringement difficult. In such a case the Court will look for "colourable imitation" in characteristics of the work. This is often used in the "Substantial similarity" test which asks: First, there must be sufficient objective similarity between the infringing work and the copyright work, or a substantial part thereof, for the former to be properly described, not necessarily as identical with, but as a reproduction or adaptation of the latter; secondly, the copyright work must be the source from which the infringing work is derived. In conjunction with this, it must be shown that the accused had access to the original work.

Nevertheless, the copying of an idea from another work cannot constitute an infringement.

Authorizing
An individual may be liable for all types copyright infringement where it can shown that they "authorized" - that is, sanctioned, approved, or countenanced - someone else to infringe a copyright. This form of liability is particularly useful when the actual culprit of the infringement is unavailable or judgement proof.

In CCH Canadian v. Law Society of Upper Canada, the Court outlined what is required to show authorization. A person who merely provides the means for infringing copyright cannot be held liable.


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Canadian Copyright Law/Exemptions and Defences

Fair Dealing
Fair dealing in Canadian Copyright law provides for an exemption to copyright infringement when the use of the work is for the purpose of research or private study, criticism or a review, or for news reporting. In comparison with the US fair use clause this is a closed list and must fall into one of the three categories for the use of the works to not constitute infringement.

With the CCH Canadian case the Court has largely reframed much of the use of the exemption as a "user right" to counter balance the rights of copyright holders. As such, the exception is always available even when other exceptions apply.

In considering fair dealing the Court makes the following general observation: ''It is important to clarify some general considerations about exceptions to copyright infringement. Procedurally, a defendant is required to prove that his or her dealing with a work has been fair; however, the fair dealing exception is perhaps more properly understood as an integral part of the Copyright Act than simply a defence. Any act falling within the fair dealing exception will not be an infringement of copyright. The fair dealing exception, like other exceptions in the Copyright Act, is a user's right. In order to maintain the proper balance between the rights of a copyright owner and users' interests, it must not be interpreted restrictively. ... 'User rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation.'"''

The Court then establishes six principal criteria for evaluating fair use.
 * 1) The Purpose of the Dealing Is it for research, private study, criticism, review or news reporting?  It expresses that "these allowable purposes should not be given a restrictive interpretation or this could result in the undue restriction of users' rights."
 * 2) The Character of the Dealing How were the works dealt with?  Was there a single copy or were multiple copies made?  Were these copies distributed widely or to a limited group of people? Was the copy destroyed after its purpose was accomplished?  What are the normal practices of the industry?
 * 3) The Amount of the Dealing How much of the work was used? What was the importance of the infringed work?  Quoting trivial amounts may alone sufficiently establish fair dealing.  In some cases even quoting the entire work may be fair dealing.
 * 4) Alternatives to the Dealing Was a "non-copyrighted equivalent of the work" available to the user?  Could the work have been properly criticized without being copied?
 * 5) The Nature of the Work Copying from a work that has never been published could be more fair than from a published work "in that its reproduction with acknowledgement could lead to a wider public dissemination of the work - one of the goals of copyright law. If, however, the work in question was confidential, this may tip the scales towards finding that the dealing was unfair."
 * 6) Effect of the Dealing on the Work Is it likely to affect the market of the original work? "Although the effect of the dealing on the market of the copyright owner is an important factor, it is neither the only factor nor the most important factor that a court must consider in deciding if the dealing is fair."  A statement that a dealing infringes may not be sufficient, but evidence will often be required.

"These factors may be more or less relevant to assessing the fairness of a dealing depending on the factual context of the allegedly infringing dealing. In some contexts, there may be factors other than those listed here that may help a court decide whether the dealing was fair."


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Canadian Patent Law/Introduction

Patent law is a statutory regime that is designed to protect inventions. An inventor may apply to have their invention registered with a patent which provides them the right to exclude others from profitting from the invention. Much like copyright law, patent law is a purely statutory system that is in the exclusive domain of the federal government. The area of law is regulated by the Patent Act which outlines the scope of the patent regime, the rights and resonsibilities of a patent holder, the methods of applying for a patent, among other things.

title: Canadian Patent Law/Introduction


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Canadian Patent Law/Patentable matter

The basic requirement for something to be patentable is that it is new, useful, and inventive. The rationale behind this is that the protection of the invention should benefit all of society by encouraging those who design them to profit and continue to create more. Classic mechanical, chemical, electrical inventions follow a typically strict form of evaluation that has proven to be practicable. However, with the expansion of the sciences, new unforeseen territory is being examined for whether the public interest in protecting inventions may be outweighed by other more detrimental factors, ethical or otherwise.

title: Canadian Patent Law/Patentable matter


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Canadian Trade-mark Law/Introduction

The trade-mark regime in Canada, like most common law countries, is used to protect distinctive marks and signs that are used to identify a company, product, or service. Similar to copyright law, trade-mark law is primarily statute based. The application and registration process are governed by the Trade-marks Act and the Trade-marks Regulations. However, unlike copyright, there is common law protection behind the statutory power, and it has a foundation derived from a related area of tort law known as passing off, which prevents others from appropriating the marketable image from other companies.

"In addition, there is a miscellany of statutes that, while not in the Trade-marks Act, may affect the trade-mark process and registrability. Also, on an international level, Canada is signatory to several treaties or agreements relating to trade-marks. (page 1-1 Odutola on Canadian Trade-mark Practice)"  Relevant statutes are as follows: the Bank Act, the Canada Agricultural Products Act, the Meat Inspection Act, the Geneva Conventions Act, Canada Post Corporations Act, Criminal Code, Food and Drugs Act, Food and Drug Regulations and the Precious Metals Marking Act. (page 1-2 Odutola on Canadian Trade-mark Practice)

title: Canadian Trade-mark Law/Introduction


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Canadian Trade-mark Law/Trade-marks

A trade-mark is a distinctive sign of some kind which is used by a business to identify itself and its products and services to consumers, and to set the business and its products or services apart from those of other businesses. Conventionally, a trade-mark comprises a name, word, phrase, logo, symbol, design, image, characters, logo, a domain name, a colour applied to a surface or a combination of one or more of these elements. There is also a range of non-conventional trade-marks which do not fall into these standard categories.

The function of a trade-mark is to serve as an exclusive identifier of the source or origin of a product or service. "Because the purpose of a trade-mark is to distinguish the wares/services of a person by associating the wares/services with a single source, the trade-mark must be distinctive and remain distinctive of the single source."(p 2-1. Odutola on Canadian Trade-mark Practice)

Section 2 of the Trade-marks Act defines a "trade-mark" as (a) a mark that is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others, (b) a certification mark, (c) a distinguishing guise, or (d) a proposed trade-mark;

Section 2 of the Trade-marks Act defines "certification mark" as a mark that is used for the purpose of distinguishing or so as to distinguish wares or services that are of a defined standard with respect to (a) the character or quality of the wares or services, (b) the working conditions under which the wares have been produced or the services performed, (c) the class of persons by whom the wares have been produced or the services performed, or (d) the area within which the wares have been produced or the services performed, from wares or services that are not of that defined standard;"

Section 2 of the Trade-marks Act defines a "distinguishing guise" as (a) a shaping of wares or their containers, or (b) a mode of wrapping or packaging wares

the appearance of which is used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others;

Section 2 of the Trade-marks Act defines a "proposed trade-mark" as "proposed trade-mark" means a mark that is proposed to be used by a person for the purpose of distinguishing or so as to distinguish wares or services manufactured, sold, leased, hired or performed by him from those manufactured, sold, leased, hired or performed by others;

Use
A trade-mark owner seeks to enforce their rights or interests in a trade-mark by preventing unauthorised trade-mark use. For a trade-mark to be in "use" it must have public "impact". As such internal company documents, such as letterhead, memos, reports, etc. are not sufficient unless they are used in outside correspondence.

Section 4 of the Act determines when a mark has been "used" in relation to wares or services:
 * 4. (1) A trade-mark is deemed to be used in association with wares if, at the time of the transfer of the property in or possession of the wares, in the normal course of trade, it is marked on the wares themselves or on the packages in which they are distributed or it is in any other manner so associated with the wares that notice of the association is then given to the person to whom the property or possession is transferred.
 * (2) A trade-mark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services.
 * (3) A trade-mark that is marked in Canada on wares or on the packages in which they are contained is, when the wares are exported from Canada, deemed to be used in Canada in association with those wares.

A mark for a ware is deemed "in use" if the product or packaging in labelled at the time of sale or if they are labelled at time they are exported out of the country. A mark for a service is deemed in use if it is displayed at the time of performance or in an advertisement.

title: Canadian Trade-mark Law/Trade-marks


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Canadian Trade-mark Law/Registrable Marks

Section 35 of the Act warns that a registrable trade-mark may comprise of elements that, on their own, are not individually registrable. But nonetheless, over time these elements may gain distinctiveness to be registrable.

First Names and Family Names
Under section 12(1)(a) marks that are "primarily merely" the name or surname of an individual who is living or has died within the past 30 years are unregistrable unless it can be shown that the mark can be used significantly, has acquired reputation, or has secondary meaning.

"Descriptiveness"
Under section 12(1)(b) of the Trade-marks Act, Trade-marks that are "clearly descriptive" or "deceptively misdescriptive" in English or French are not registrable. ''12. (1) Subject to section 13, a trade-mark is registrable if it is not ... ''(b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality of the wares or services in association with which it is used or proposed to be used or of the conditions of or the persons employed in their production or of their place of origin; ... ''(2) A trade-mark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it has been so used in Canada by the applicant or his predecessor in title as to have become distinctive at the date of filing an application for its registration.

 * corrupted spelling is irrelevant to the analysis

Clearly descriptive
The test to determine if a set of words in a mark are "clearly descriptive" depends on the immediate or first impression of the words as a whole rather than a parsed analysis of the potential meanings of the word. This requires that the words be taken in the context of similar wares or services. Simply put, words are "clearly descriptive" if they are "related to an intrinsic quality, character or be material to the composition of the goods or products, or describe a feature, trait or characteristic, or function/result of the goods or service" (9-13 of Hughes on Trade-marks)

In the Drackett Co. of Canada Ltd. case the Court found that "once-a-week" slogan to be clearly descriptive of the product which was a drug that was to be taken once every week.

Descriptive of Quality

Descriptive of Character

First Impression upon ordinary user or dealer

Deceptively misdescriptive
This section is meant as a means to prevent a mark from misleading the public to believe that the product possesses qualities that it does not have. Names that suggest a product was from a certain country, made in a certain fashion, or contain a certain product, are generally discounted on this ground.

In Lake Ontario Cement Ltd. v. Registrar of Trade-marks (1976), 31 C.P.R. (2d) 103, the Court held that the word "Premier" for a mark for concrete was not deceptively misdescriptive. The word suggests a quality that the product could potentially possess. Moreover, purchasers of the product would unlikely have purchased the product on the basis that they believed the concrete to be the best in the industry. The word, however, was found to be clearly descriptive and thus was not registrable.

Languages
Any words in a language other than French or English that would be considered clearly descriptive or deceptively misdescriptive cannot be excluded under section 12(1)(b). In Gula v. Manischewitz Co. (1947), 8 C.P.R. 103, a company making crackers under the mark "tam tam" was challenged by another cracker company with a product called "tum tum". The name "tam tam", which was Hebrew for "taste" or "tasty", was allowed on the basis that it was not a recognizable word in the English or French language.

Marks made up of a combination of English and French are not usually subject to this section either. Only if the English or French component of the mark, on its own, is sufficiently descriptive then it will be subject to the section. However, merging of the two languages to produce a word or phrase incomprehensible in each language will not apply. In Coca-Cola Co. v. Cliffstar Corp. (1993), 49 C.P.R. (3d) 358, a company tried to register the mark "Le Juice", which the judge held was not identifiable in either language.

Disclaiming
If part of a mark is found clearly descriptive then, by virtue of section 35, that part of the mark can be disclaimed from protection, leaving the rest of the mark protected. This, however, is not true of marks found deceptively misdescriptive.

Descriptive of Use
Under section 12(1)(c), marks, in any language, that are named in connection with the way the wares or services are intended to be used are not registerable.

Confusion
If a mark is suggestive of another mark there is a potential that the mark may be unregistrable. Marks that are "confusingly similar" to a registered or pending mark are unregistrable under section 12(1)(d). A similar mark depends on a number of factors including whether the mark has visual or auditory similarities, whether it suggests a similar idea, or whether they are used to market similar services or wares.

Prohibited Marks
Section 9(1) lists marks that are prohibited. Most of them are government related marks or are marks that must be protected for public policy reasons. These marks include:
 * official government marks
 * marks of the Royal Family
 * badges and crests of the RCMP and Armed Forces
 * emblems and names of the Red Cross, the Red Crescent, and the United Nations;
 * flags and symbols of other countries
 * marks that are "scandalous, obscene or immoral",
 * marks that "falsely suggest a connection with any living individual"
 * portraits or signatures of individuals alive or dead within the last 30 years.

"Prohibited marks have different requirements and are not obtained through the same channels as the trade-marks discussed above. Thus, a prohibited mark is not registered but is merely published in the Trade-marks Journal with a view to giving public notice of its adoption and use by the requesting party.  Moreover, unlike an application for a trade-mark, a request for publication of a prohibited mark is kept confidential until the date fo publication in the Trade-marks Journal." (Page 2-7 Odutola on Canadian Trade-mark Practice)


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Canadian Trade-mark Law/Infringement

Once a mark has been registered, the owner or licensee of a registration can sue any other user of the mark for trade-mark infringement. The determination of infringement is found in sections 19, 20, and 22(1) of the Trade-mark Act. Unregistered marks can be actionable under the tort of passing off codified in section 7.

Section 19 provides rights to owners of a mark against other users. The Act states:
 * 19. Subject to sections 21, 32 and 67, the registration of a trade-mark in respect of any wares or services, unless shown to be invalid, gives to the owner of the trade-mark the exclusive right to the use throughout Canada of the trade-mark in respect of those wares or services.

This section gives the owner the exclusive right to sue anyone who uses the identical mark for the sale of identical wares or services. Thus, three criteria must be met:
 * 1) the mark must be properly "registered" under section 18 of the Act.
 * 2) the mark must have been "used" by the infringer under section 4 of the Act.
 * 3) the mark must have been used for the sale of identical wares or services.

Section 20 expands the rights in section 19 to include confusing marks. The Act states: ''20. (1) The right of the owner of a registered trade-mark to its exclusive use shall be deemed to be infringed by a person not entitled to its use under this Act who sells, distributes or advertises wares or services in association with a confusing trade-mark or trade-name, but no registration of a trade-mark prevents a person from making
 * ''(a) any bona fide use of his personal name as a trade-name, or
 * ''(b) any bona fide use, other than as a trade-mark,
 * ''(i) of the geographical name of his place of business, or
 * ''(ii) of any accurate description of the character or quality of his wares or services,

''in such a manner as is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark. ''(2) No registration of a trade-mark prevents a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine or any of the indications mentioned in subsection 11.18(4) in association with a spirit.

Section 22(1) expands the rights in section 19 to include use of a mark that is not in relation to the sale of similar wares or services. The Act states:
 * 22. (1) No person shall use a trade-mark registered by another person in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto.

This means that owners of a mark who have their goodwill indirectly harmed by another party can sue them for infringement.

The leading case on infringement is Clairol International Corp. v. Thomas Supply & Equipment Ltd. (1968 Exchequer. Court). Clairol

title: Canadian Trade-mark Law/Infringement


text:
Georgia Water/External Links/Research

Research Programs in Georgia

 * U.S. Environmental Protection Agency, National Environmental Research Laboratory, Ecosystems Research Division

 * Georgia Water Resources Institute prepares an annual list of priority research topics for Georgia, with input from Georgia EPD and other organization. The priority list is used as basis for evaluating the relevance of research proposals submitted by Georgia university faculty.

 * Georgia Water Planning and Policy Center in Albany, Georgia.

Management Research Needs

 * How many people in Georgia are working on water resources issues (government, university, some NGOs) and could potentially help with implementing parts of the (broadly envisioned) river basin management plans?

Ideas for Student Research Topics

 * Equator Principles Financial Institutions - several major US banks have adopted environmental and fair labor standards for funding project over $10 million. Need research on details of these principles, list of Georgia banks using these principles, list of projects in Georgia financed under these principles, information about success of this initiative and how it could be expanded and/or improved.

title: Georgia Water/External Links/Research


text:
Go/Contributors e.g. authors and editors

=Authors=

Mystic Philosopher
I am not that strong but enjoy the game I play on most servers as Vose. I added the intro and worked on structure, focus and strategy --Mystic Philosopher 20:43, 24 March 2006 (UTC)

Ulfrinn
I am by no means a strong player, 18kyu. Ulfrinn 04:06, 27 March 2006 (UTC)ulfrinn

ZincAtari
Hi. I'm a potential author, about 2kyu, presiding over a club of about 15 players. So I'd be interested in creating some beginner material.

GeneralGO
I'm the one that wrote a big chunk of the current strategy section months ago (feel free to clean that up, btw), and dabbled in some other places. I'm around a 5k AGA now. Beginner stuff is great (I could definitely use it in my teaching), but it would also be good to have something that stronger players can learn from.

Devildope
I'm the first one to contribute to the Life and Death categories in this Wikibook. I have contributed in other places as well and am a current member of Wikiproject Go. I am an amateur player around 12k KGS. I play online extensively under the alias of epiman89. look for me in the beginner room at KGS. ^_^ if there is anything that you would like to add to my sections on Life and Death, feel free to. thx. --Devildope 18:55, 8 April 2007 (UTC)

topazg
Likewise, I would be interested in authoring some material on here. I'm around 1 kyu EGF, and I will be more than happy to contribute to the beginner section and some elements of the intermediate section.

DaoLin
I am interested to contribute and proofread/edit. 3d EGF

Gabaux
I am not strong player mainly due to the fact I was not playing actually for a decade or so. I have resumed playing this September. I have a long-time experince to teach go (basically for beginners), and more of my pupils became later ardent and strong players. I am a regular contributor of the Hungarian gowiki.

DonovanG
I am by no means a strong player (14k KGS), but I will contribute all that I can to the beginner and intermediate sections. I hope this book will help spread go around :)

=Editors=


text:
User talk:82.7.2.198

Vandilism
Please stop vandilising RuneScape's Price Guide. If you continue to do so, action will be taken. Richard 20:58, 24 March 2006 (UTC)

title: User talk:82.7.2.198


text:
User talk:86.132.73.59

Vandilism
Please stop vandilising RuneScape's Price Guide. If you continue to do so, action will be taken. Richard 20:59, 24 March 2006 (UTC)

title: User talk:86.132.73.59


text:
WebObjects/Web Applications/Deployment

Xcode expects to take a given set of files, as listed in your Groups & Files pane and from them build a finished product or set of products such as an application, a framework, a library or a command line tool.

It's worth noting here that the items represented in this pane are of four types: files, directories, packages and groups. Files are just that, files of various types with extensions indicating the type, such as .java, .jpg, .gif, .html. Directories represent real directories somewhere in your file system and are represented with a blue folder icon. Package is a Mac OX X term for a directory of files and subdirectories that are to be recognized as a unit both by the Finder and by Xcode. They are often represented with an icon that is indistinguishable from a file icon. If Xcode isn't familiar with the kind of package represented, it displays them as blue folders. Groups are the strange items in this categorization and are pictured as yellow folders. THEY DON'T EXIST AT ALL in the file system. They are purely organizing entities for your use in Xcode. You can group files together in an Xcode Group in the Groups and Files pane that are actually distributed all over the file system of your computer. You use them in the Groups & Files pane simply to group together those items of any of the four types just described that you feel are related somehow.

Getting back to Xcode's products, for a typical, simple, non-WebObjects project, the files would comprise Java or Objective C source files which would be compiled to intermediate object files and linked into a load module (for Objective C) or a .jar file (for Java) for execution. That file, created for execution is what I'm calling the product. An Xcode target is the set of files along with the instructions necessary to build such a product. It will be brought into existence by Xcode build processes.

The situation is complicated slightly in the case of WebObjects in that good practice suggests something called a "split install". That is, for WebObjects projects, Xcode expects to build at least two products. One of these will be the WebObjects application which will be served by the application server. The other will be a package of static HTML pages, graphics files (.jpg and .gif files, among others) and other files that can be served directly by Apache as static resources.

The files that you add to the project must be identified as belonging to the building of one or the other of these two products. The third target, which carries the same name as your project, is something called an aggregate target. It's sole purpose is to group the other two targets into a single build operation by setting the dependencies such that the aggregate target depends on the other two. That way, by building the aggregate target, the other two targets will automatically be built together. However, you can also ask Xcode to build either of these other two targets individually.

Although you should have added the static files to your project so that they are included in the project directory, Xcode will build two packages, one for the application server and one for the web server and will either create (e.g. by compiling) or copy the appropriate files to the appropriate package. If your project were named "MyProject" and were built for deployment on Mac OS X, these packages would have the following structures:

For the application server:

MyProject.woa MyProject - a Unix shell script to which control is initially passed and which sets up the execution environment under Unix MyProject.CMD - a DOS command script to which control is initially passed and which sets up the execution environment under DOS/Windows WOBootstrap.jar - a jar file containing a single class called JavaArchiveFilter that implements the java.io.FilenameFilter interface Contents - a directory containing all of the files necessary to support the execution of the WO app Info.plist - a property list file for the application MacOS/ MyProject - a Unix shell script identical to that of the same name at the top level of the project directory MacOSClassPath.txt - text file containing the derived Java ClassPath for the project PkgInfo - a text file containing the four letter package type (APPL = application) and the application's four letter file types Resources/ - a directory containing the WOComponents and other resources in the Resources group of the Groups & Files pane UNIX/ - a directory similar to the MacOS directory but used for deployment on Unix systems Windows/ - a directory similar to the MacOS directory but used for deployment on Windows systems pbdevelopment.plist - an XML file with a single element whose key is PBXProjectSourcePath and whose value is implied by the name.

For the Web Server:

MyProject.woa Contents - a directory containing all of the files necessary to support the execution of the WO app WebServerResources/ Hierarchy of files and folders containing static web resources.

Although the packages are very different, they are identically named, have similar structures and are merged in development. They are typically ONLY separated like this for a split install. You typically put the application server package in /Library/WebObjects/Applications (or a local equivalent) and you typically put the WebServer package in /Library/WebServer/Documents/WebObjects.

You can create these packages independently in various ways. I've found it easier, recently (because of various examples of Xcode intransigence) to simply build the project as I would for development and physically separate the two for deployment. Other people have various incantations to make a split install work reliably and I'm sure they will chime in here.

title: WebObjects/Web Applications/Deployment