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 of triumph or something like that in her most fascinating eyes. Charming creature, yes?"

And then I exploded.

"You ought to be shot! He'll beat the tar out of her. He'll flay her alive"

"Regrets, and all that, surely. But caveat emptor still holds good. She had no business messing around with the master's trinkets. After all, a bit of deceit"

"And that girl will surely smell hell"

"Much regret, certainly. But really, would you have me pass up such an opportunity? I'd cheerfully have committed murder for that rug. As it is"

Revell smiled at the memory of his exceeding cleverness, and gazed at the throne-rug of Saladin with that fanatic affection comprehensible only to a collector.

And that smile drove me mad. Thanks to my babbling, Revell had turned a very clever trick; and thanks also to me, that dainty girl's shoulders no, bin Ayyub wouldn't beat her himself; he'd have black Saoud lay aside his duties of foot-man, pipe-bearer and coffee-grinder, and peel every inch of skin off her shoulders. The noble Turk is a man of few words and short temper when dealing with his family. All of which went to my head, seeing that it was mainly my fault for having set Revell on the trail.

"Listen, you damned coyote!"

I gripped Revell by the shoulder by way of emphasis. He blinked in amazement.

"Listen and get me straight: you're going to return that rug here and now. Bin Ayyub treated me like a gentleman. And moreover, it's my fault if that girl


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The CARE Principles for Indigenous Data Governance

Concerns about secondary use of data and limited opportunities for benefit-sharing have focused attention on the tension that Indigenous communities feel between (1) protecting Indigenous rights and interests in Indigenous data (including traditional knowledges) and (2) supporting open data, machine learning, broad data sharing, and big data initiatives. The International Indigenous Data Sovereignty Interest Group (within the Research Data Alliance) is a network of nation-state based Indigenous data sovereignty networks and individuals that developed the ‘CARE Principles for Indigenous Data Governance’ (Collective Benefit, Authority to Control, Responsibility, and Ethics) in consultation with Indigenous Peoples, scholars, non-profit organizations, and governments. The CARE Principles are people– and purpose-oriented, reflecting the crucial role of data in advancing innovation, governance, and self-determination among Indigenous Peoples. The Principles complement the existing data-centric approach represented in the ‘FAIR Guiding Principles for scientific data management and stewardship’ (Findable, Accessible, Interoperable, Reusable). The CARE Principles build upon earlier work by the Te Mana Raraunga Maori Data Sovereignty Network, US Indigenous Data Sovereignty Network, Maiam nayri Wingara Aboriginal and Torres Strait Islander Data Sovereignty Collective, and numerous Indigenous Peoples, nations, and communities. The goal is that stewards and other users of Indigenous data will ‘Be FAIR and CARE.’ In this first formal publication of the CARE Principles, we articulate their rationale, describe their relation to the FAIR Principles, and present examples of their application.

Keywords: Indigenous; data sovereignty; data governance; data principles; FAIR principles

Introduction
As the world engages with open data, big data, data reuse, and open science, data have increasingly become a global resource used for wielding power, making decisions, spurring innovation and discovery, and commercialization (Independent Expert Advisory Group 2014, The Economist 2017). The effects of this shift are amplified by the adoption of artificial intelligence technologies and the increasing convergence of biological and digital worlds facilitated through data sharing platforms. Historically plagued by data inequities and data exploitation, Indigenous Peoples have raised concerns about the need to integrate Indigenous knowledges and approaches into data practices and policies as both the volume and opportunities for secondary use of data increase (Jackson et al. 2019; Kukutai & Cormack 2019; Carroll et al. 2019; Garrison et al. 2019; Rainie et al. 2019; Kukutai & Taylor 2016b). The articulation of Indigenous Peoples’ rights and interests in data about their peoples, communities, cultures, and territories is part of reclaiming control of data, data ecosystems, data science, and data narratives in the context of open data and open science. Control, coupled with a focus on collective benefit and equity, repositions Indigenous Peoples, nations, and communities from being subjects of data that perpetuate unequal power distributions to self-determining users of data for development and wellbeing. Harnessing data for governance and acting in the governance of data, shifts Indigenous Peoples from invisibility within data ecosystems to vibrant contributors to data policies, practices, ethics, and innovation.

Background
Global Indigenous presence spans over 90 countries and includes over 370 million Indigenous persons living out more than 5,000 distinct cultures (UN 2009). Indigenous Peoples have continuity with their pre-colonial societies and seek to use their own social, political, and economic systems to preserve, develop, and transmit to future generations their cultures, knowledges, and relationships with their territories and resources (Martinez Cobo 1982). While often limited by settler-colonial oppression and definition, Indigenous Peoples retain their rights to self-determine their forms of collective governance and rules of membership.

In the contemporary world, Indigenous Peoples and nations, people, and communities have become actors across global societies. Indigenous Peoples and their nations are the rightsholders as affirmed by the United Nations and nation-state legal recognition of Indigenous sovereignty (Echo-Hawk 2013; UN 2007; Anaya 2004). Indigenous Peoples as sovereign political collectives often participate in supra- and intertribal organizations such as the Oceti Sakowin Oyate and the Iwi Chairs’ Forum, and have local or regional sub-systems such as Tohono O’Odham districts in the US and the Federation of Victorian Traditional Owner Corporations in Australia. Indigenous people often live as citizens of nations (Indigenous) within nations (the nation state, e.g., the United States). Indigenous people also participate in other Indigenous stakeholder groups that do not hold inherent sovereignty, including daily life within Indigenous communities (groups of individuals) within their nations or mainstream society and interaction with Indigenous organizations such as health care entities, non-profits, and businesses.

Ongoing processes of colonization of Indigenous Peoples and globalization of Western ideas, values, and lifestyles have resulted in epistemicide, the suppression and co-optation of Indigenous knowledges and data systems (Carroll, Rodriguez-Lonebear & Martinez 2019; Kukutai & Taylor 2016a; Kukutai & Walter 2015; Smith 2012). These processes have limited the ability of Indigenous Peoples to recover, develop, and sustain their knowledges, an ability that is central to Indigenous Peoples’ capacity to realize their human rights and fulfill their responsibilities (Wilson, 2004; Ratima 2001).

Alongside Indigenous aspirations for self-determination, social justice movements have promoted the importance of equity within society and become more deliberate about addressing the negative effects of unconscious bias and structural racism. The pervasiveness of bias across data ecosystems (digital infrastructures, analytics, and applications), within sub-systems (regions/platforms), as well as institutions and communities indicate the importance of addressing inequities at multiple levels. Indigenous people recognize and already incorporate this multi-scale complexity in their knowledge systems and activities; however, this may not be the case for other communities of practice, or knowledge systems.

The Emergence of Indigenous Data Sovereignty
Since the 1970s, there has been a resurgence in discourse around Indigenous knowledges, identities, and rights, culminating in the 2007 United Nations Declaration on the Rights of Indigenous Peoples [UNDRIP] (UN 2007). UNDRIP reaffirms Indigenous Peoples’ rights to self-determination as political entities and honors the principle of Indigenous control over Indigenous data (Tsosie 2019; Davis 2016). The rights articulated in UNDRIP (especially Article 31) also reflect discourse around Indigenous Cultural and Intellectual Property Rights (ICIP) and Indigenous research ethics (Mātaatua Declaration 1993; Julayinbul Statement 1993; Janke 1998, 2004; Drugge 2016; Tsosie 1997, 2019; Anderson 2009, 2015). UNDRIP reflects a broad approach to Indigenous data that is not restricted by mainstream conceptions of knowledge and intellectual property (Posey & Dutfield, 1996).

Indigenous Peoples’ data include data generated by Indigenous Peoples, as well as by governments and other institutions, on and about Indigenous Peoples and territories. As well as information about Indigenous communities and the individuals, Indigenous and non-Indigenous, that live within (Carroll, Rodriguez-Lonebear & Martinez 2019; Rainie et al. 2019; MnW 2018; Nickerson 2017; TMR 2016). Indigenous Peoples’ data comprise (1) information and knowledge about the environment, lands, skies, resources, and non-humans with which they have relations; (2) information about Indigenous persons such as administrative, census, health, social, commercial, and corporate and, (3) information and knowledge about Indigenous Peoples as collectives, including traditional and cultural information, oral histories, ancestral and clan knowledge, cultural sites, and stories, belongings.

The advancement of Indigenous self-determination and the reclamation of Indigenous identity and knowledges over the past 50 years has led to the emergence of Indigenous Data Sovereignty, an assertion of the rights and interests of Indigenous Peoples in relation to data about them, their territories, and their ways of life (Carroll, Rodriguez-Lonebear & Martinez 2019; Rainie et al. 2017; Kukutai & Taylor 2016a; Snipp 2016). Indigenous Data Sovereignty has become an increasingly relevant topic as big data, open data, open science, and data reuse become an integral part of research and institutional practices (Carroll, Rodriguez-Lonebear & Martinez 2019; Lovett et al. 2019; Rainie et al. 2019; Kukutai & Taylor 2016a; Taylor & Kukutai 2015). Given that most Indigenous data are held by non-Indigenous governments, institutions, and agencies, increasing Indigenous Peoples’ participation in data governance activities is central to realizing Indigenous Data Sovereignty (Carroll, Rodriguez-Lonebear & Martinez 2019; Rainie et al. 2019; Kukutai & Taylor 2016b; Rodriguez-Lonebear 2016; Smith 2016; Snipp 2016). Indigenous data governance includes both the stewardship and the processes necessary to implement Indigenous control over Indigenous data (collection, storage, analysis, use, reuse) (Carroll, Rodriguez-Lonebear & Martinez 2019; Rainie et al. 2019; Walter 2018; Rodriguez-Lonebear 2016; Smith 2016). The development of conceptual frameworks to inform processes for stewardship and control of Indigenous data has been ongoing in areas such as science, research methods, and research governance (Cajete, 2000; Wilson, 2008; Kovach, 2009; McGregor, Restoule & Johnston, 2018). There is a need to apply insights generated from these frameworks within data ecosystems to help address the challenge of producing data that reflect Indigenous Peoples’ interests and governance needs.

Rationale
Mainstream values related to research and data are often inconsistent with Indigenous cultures and collective rights. For instance, data historically belonged to the researcher in mainstream settings, a notion that has shifted under open data and open science movements where publicly funded research requires data sharing. Meanwhile, Indigenous worldviews have typically centered ‘people’ and ‘purpose’ through governance processes that emphasize collective ownership and control of data (Carroll, Rodriguez-Lonebear & Martinez 2019; Kukutai & Taylor 2016b; Smith 2016; Snipp 2016). Indigenous Peoples have been working on ways to authenticate Indigenous forms of knowledge and to fortify their rights to govern research and resulting data (Garrison et al. 2019; Hudson et al. 2016; Smith 2012).

Drawing on the First Nations principles of OCAP® that created data standards for Ownership, Control, Access, and Possession in Canada in the 1990s (FNIGC 2019), Indigenous Data Sovereignty networks in Aotearoa New Zealand, Australia, and the United States, as well as Indigenous scholars, leaders, and allies, determined that there was an urgent need to develop global principles for the governance of Indigenous data. Underlying this need were the primary goals of (1) fostering Indigenous self-determination by enhancing Indigenous use of data for Indigenous pursuits and (2) honoring the ‘FAIR Guiding Principles for scientific data management and stewardship’ (Findable, Accessible, Interoperable, Reusable) (Wilkinson et al. 2016), while ensuring data sharing on Indigenous terms.

The ‘CARE Principles for Indigenous Data Governance’ (Collective Benefit, Authority to Control, Responsibility, and Ethics) (RDA IG 2019) empower Indigenous Peoples by shifting the focus from regulated consultation to value-based relationships that position data approaches within Indigenous cultures and knowledge systems to the benefit of Indigenous Peoples (Castellano 2004; Anderson et al. 2003). This shift ultimately promotes equitable participation in processes of data reuse, which will result in more equitable outcomes.

Development
Academics and practitioners in the International Indigenous Data Sovereignty Interest Group within the Research Data Alliance (RDA 2017) acknowledged the tension between protecting Indigenous rights and interests in data and supporting open data. With this challenge in mind, a workshop was held in Gaborone, Botswana, on Indigenous Data Sovereignty as part of International Data Week in 2018. This Indigenous-led workshop convened Indigenous and allied academics and practitioners to draft principles for Indigenous data governance. Workshop organizers prepared an analysis of principles from frameworks issued by Indigenous Data Sovereignty and governance networks, as well as by mainstream sources, to inform dialogue (Table 1).

Table 1: Key Documents Contributing to the Development of the CARE Principles.

Participants concluded that existing frameworks were oriented toward data, people, and purpose (see Figure 1). While both Indigenous and mainstream principles identified data-centric principles (such as those named in the FAIR Principles), the Indigenous frameworks emphasized people- and purpose-oriented principles.

Workshop participants felt that the mainstream frameworks adequately covered data-centric principles and focused their attention on the ‘people’ and ‘purpose’ foci of the Indigenous principles to create the CARE Principles. Once the four primary CARE Principles of Collective benefit, Authority to control, Responsibility, and Ethics were identified, participants broke into small groups to outline and draft the language for both primary and sub-principles. The resulting draft was shared among nation-state based network members, Indigenous leaders, Indigenous scholars, and allies for input (edits, revisions, comments, feedback) via electronic media, presentations, and engagements.

The CARE Principles are designed to complement the FAIR Principles and guide the inclusion of Indigenous Peoples in data processes that strengthen Indigenous control for improved discovery, access, use, reuse, and attribution in contemporary data landscapes.

Exposition
The CARE Principles address important considerations for modern data ecosystems and across data lifecycles that support both innovation and Indigenous self-determination (Figure 2). The Principles describe high-level actions applicable within research, government, and institutional data settings. The goal is for data stewards and other users of Indigenous data to implement CARE and FAIR Principles in tandem.

While each is conceptually distinct, the CARE Principles are related to each other. The Principles define rights, interests, and concepts to be employed in facilitating Indigenous control in data governance and reuse. An enacted mechanism can address a single Principle or multiple simultaneously. However, data governance must address the full set of Principles to demonstrate a CARE Full process.

The CARE Principles and Their Supporting Concepts
Indigenous data must facilitate collective benefit for Indigenous Peoples to achieve inclusive development and innovation, improve governance and citizen engagement, and realize equitable outcomes. Benefits accrue when data ecosystems are designed and function to support (1) Indigenous nation and community use and reuse of data; (2) use of data for policy decisions and evaluation of services; and (3) creation and use of data that reflect community values.

UNDRIP affirms Indigenous Peoples’ rights and interests in their data. Recognition of these rights bolsters Indigenous Peoples’ authority to control and govern such data, further affirming the need for ‘data for governance.’ Indigenous Peoples must have access to data that support Indigenous governance and self-determination. Indigenous Peoples must be the ones to determine data governance protocols, while being actively involved in stewardship decisions for Indigenous data that are held by other entities.

When working with Indigenous data, there is a responsibility to nurture respectful relationships with Indigenous Peoples from whom the data originate. Aspects of the relationship include investing in capacity development, increasing community data capabilities, and embedding data within Indigenous languages and cultures. Pursuing these goals fulfills the ultimate responsibility of supporting Indigenous data that advances Indigenous Peoples’ self-determination and collective benefit.

Indigenous Peoples’ rights and wellbeing should be the focus across data ecosystems and throughout data lifecycles in order to minimize harm, maximize benefits, promote justice, and allow for future use. Paramount to ethics in data practices is representation and participation of Indigenous Peoples, who must be the ones to assess benefits, harms, and potential future uses based on community values and ethics.

The CARE Principles in Action
The usefulness of high-level Indigenous data governance principles relies on both Indigenous communities and research/data communities to understand operative concepts and to apply them preemptively across data ecosystems and lifecycles. Creating opportunities for non-Indigenous understanding and for Indigenous leadership in data processes will contribute to the development of data and data systems that can lead to Indigenous innovation and development.

Early Adopters of the CARE Principles
Defining principles is an important step toward exercising Indigenous Data Sovereignty and addressing longstanding concerns about data governance. Some organizations are adopting the CARE Principles through relationships, policies, and mechanisms. Examples include the Research Data Alliance, the Smithsonian Institution, and the Open Data Charter.

Research Data Alliance (www.rd-alliance.org), in research environments
In 2016, the Research Data Alliance (RDA) hosted a workshop on Indigenous Data Sovereignty. Recognizing the importance of enhancing Indigenous rights and interests in data and potential implications for mainstream data policy, the RDA supported the creation of the International Indigenous Data Sovereignty Interest Group (IG). The IG convenes existing Indigenous Data Sovereignty networks with other Indigenous and allied researchers, which has resulted in broader global connections, a deeper focus on research data, and the CARE Principles (Lovett et al. 2019; Rainie et al. 2019; RDA IG 2019; RDA 2017). In further support of the IG and the CARE Principles, the RDA formally affiliated with the Global Indigenous Data Alliance (GIDA), which hosts the Principles. The affiliation affirms the importance of both CARE and GIDA, and represents an effort to promote implementation of the Principles throughout the RDA community (RDA 2019).

The Smithsonian Institution (www.si.edu), in collections environments
In 2012, the American Museum of Natural History at the Smithsonian Institution in Washington, DC released an Access and Benefit Sharing Policy on Genetic Resources in response to the Nagoya Protocol (2010) addressing Indigenous expectations around benefit sharing, prior informed consent, and mutually agreed terms for collections that it stewards (UN 2011; SI 2012). Subsequently, the US government released the new Open Access to Research Policy in 2013 as an important step in providing unprecedented access to research and data (Stebbins 2013). However, this policy (and others like it) treats all data in the same way: without attention to the nature, the content, or the conditions under which the data was created in the first place (Creative Commons 2019, Wikimedia 2019).

In December 2019, Smithsonian Directive 609 was released (SI 2019). With specific focus on digital asset access and use, it sets forth Smithsonian policy for access and use of Smithsonian digital assets ahead of the expected release of the institutional Open Access Statement, in February 2020. The SD 609 is important, because it helps identify specific categories of material that might need more attention and care in their management. One of these includes sensitive content, which is:

"defined in different ways by members of individual communities, nations, tribes, ethnic groups, and religious denominations, but may include materials that relate to traditional knowledge and practices. Such materials may: a) be considered the private domain of specific individuals, clans, cults or societies; b) require an appropriate level of knowledge to view and understand; c) threaten the privacy and well-being of a community when exposed or disclosed to outsiders; and/or d) give offense if inappropriately used or displayed, or when appropriated or exploited for commercial purposes. SD 609 Restriction Code: B1. (SI 2019)"

This identification offers an important opportunity to further explore the incorporation of the CARE Principles into the Smithsonian’s imminent Open Access policy. Recognizing complexity within Smithsonian digital assets and accompanying metadata, the CARE Principles would add an important layer of relational and temporal governance for Indigenous collections within an open access logic. Additionally, there are further opportunities for the CARE Principles to be directly extended into collection management practices. For example, work is about to begin to develop a unique set of ‘Collection CARE Notices’ for Indigenous collections at the Smithsonian and then into other US institutional contexts. Extending the current Cultural Institution Notices developed by Local Contexts (LC 2018), these new Notices will reflect inherent relationships of care, responsibility and governance in collection stewardship within the institution. As they are developed, these Notices will integrate the CARE Principles directly, embedding these into the Smithsonian’s cataloguing and digital infrastructure for Indigenous collections. By providing item- and collection-specific information, the Collection CARE Notices will function as a direct mechanism to assist in management and decision-making consistent with CARE Principles.

Open Data Charter (opendatacharter.net), in government environments
After release of the CARE Principles, the Open Data Charter (ODC) Implementation Working Group hosted a conversation on the Principles (Stone and Calderon 2019). Discussion focused on implementation mechanisms as well as resonance among ODC, FAIR, and CARE Principles (Figure 3). While ODC Principles reflect all four FAIR Principles, they directly address only the CARE Principle of ‘Collective benefit.’ The ODC Principle of ‘Open by default’ does not directly map to the FAIR or CARE Principles. During a review of ODC Principles in 2018, open data community members hotly debated ‘Open by default,’ showing a broad range of interpretations ranging from construing ‘Open by default’ as a key tenet of open data to considering the principle as tough to define and operationalize (Stone and Calderon 2019). The CARE Principles can help refine and specify what ‘Open by default’ means by (1) ensuring roles for Indigenous Peoples and other marginalized communities in open data decision-making and (2) using mechanisms to protect access to data as indicated by these communities to minimize harms and maximize benefits.

While implementation has commenced in these examples and elsewhere, further research is needed (1) to identify mechanisms that support implementation of the CARE Principles; (2) to create tools, policies, and practices that enact the Principles; (3) to explore the application of the Principles in different contexts, such as research repositories, knowledge co-production, institutional policies and practices, and, retrospectively, in already existing databases and systems; and (4) to operationalize the Principles in tandem with the FAIR Principles.

Conclusion
Being CARE Full is a prerequisite for equitable data and data practices. The CARE Principles draw from, integrate, and build on the work of mainstream stakeholders focused on data for reuse (e.g., FAIR Principles) and the efforts of Indigenous-led networks and coalitions focused on Indigenous data governance and research control. While centering data in the FAIR Principles complements other efforts to inform responsibilities for data producers and repositories, the CARE Principles extend that work to actions that align with the ‘people’ and ‘purpose’ for which data exist and are used. As the mainstream community of data stakeholders advances standards and practices to facilitate data reuse and research reproducibility, the CARE Principles enhance that work by reversing historical power imbalances. The CARE Principles address historical inequities by creating value from Indigenous data in ways that are grounded in Indigenous worldviews and by realizing opportunities for Indigenous Peoples within the knowledge economy.

In addition, increasingly robust management and stewardship frameworks for Indigenous digital resources to the benefit of Indigenous Peoples have broader implications for other marginalized populations, highlighting the importance of local and group control for the quality and reproducibility of research and data (Rainie et al. 2019). Furthermore, the CARE Principles address issues of relevance for many populations (e.g., privacy, future use, reuse, stewardship), to the extent that the Principles provide a normative foundation for setting standards, crafting policy, and developing research agendas in relation to data acquired about populations as collectives. Those populations might be minority groups, distinctive communities, or other collectives wanting to maintain high levels of trust and accountability in the use of data about their communities.

The implementation of the CARE Principles in tandem with the FAIR Principles will result in data that reflect the realities of Indigenous Peoples, be useful for Indigenous purposes, and remain under Indigenous control, while promoting knowledge discovery and innovation. The CARE Principles are a guide for data producers, stewards, and publishers to affirm Indigenous rights to self-determination through CARE Full data practices that will ultimately address complex issues related to privacy, future use, and collective interests, and increase the value of data for reuse. Just as the FAIR Principles are a precursor to good data management and stewardship practices, the CARE Principles encourage data users to be FAIR and CARE.

Acknowledgements
The original workshop “Indigenous Data Sovereignty Principles for the Governance of Indigenous Data,” was organized by Stephanie Russo Carroll and Maui Hudson, in collaboration with the Research Data Alliance (RDA) International Indigenous Data Sovereignty Interest Group at the International Data Week held Thursday, 8 November 2018, in Gaborone, Botswana. The Principles described in this manuscript represent voluntary contributions and participation of the authors at, and/or subsequent to, this workshop and from the wider US Indigenous Data Sovereignty Network, Te Mana Raraunga Māori Data Sovereignty Network, and Maiam nayri Wingara Aboriginal and Torres Strait Islander Data Sovereignty Collective communities. We acknowledge the Indigenous Peoples of Botswana, on whose land the Principles emerged, as well as Indigenous Peoples worldwide. We are grateful to the RDA for the workshop location and to the RDA US for travel support for some attendees. This paper was supported by the RDA Europe 4.0 project that has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 777388. Thank you to the following individuals for their comments, edits, and suggestions: Randy Akee, Leah Ballantyne, Donna Cormack, Dominique David-Chavez, Bhiamie Eckford-Williamson, Nanibaa’ Garrison, Sharon Hausam, Lydia Jennings, Tahu Kukutai, Kelsey Leonard, Christina Ore, Qunmigu (Kacey Hopson), Andrew Sporle, Michele Suina, Maggie Walter, the Alaska Native Policy Center at the First Alaskans Institute, and the attendees at the “The International Law, United Nations Declaration of the Rights of Indigenous Peoples and Indigenous Data Sovereignty” Workshop at the Oñati International Institute of the Sociology of Law. We also acknowledge Andrew Martinez’s contributions to designing the tables and figures.

Competing Interests
M.P. is Editor-in-Chief of the Data Science Journal, but played no role in the review and editing of this paper. The authors have no other competing interests to declare.

Author Contributions
S.R.C. was the primary author of the manuscript, and coordinated and participated extensively in the drafting and editing of the CARE Principles. S.R.C., I.G., and D.R.L received partial support from the Morris K. Udall and Stewart L. Udall Foundation. As senior author, M.H. was significantly involved in the drafting of the CARE Principles and this manuscript text. I.G. was significantly involved in the drafting of the manuscript. J.A. contributed a case that illustrates the emerging implementation of the CARE Principles. All other authors are listed alphabetically, and contributed to the manuscript by their participation in the initial workshop and/or by editing or commenting on the manuscript text.

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


text: Talk:The CARE Principles for Indigenous Data Governance


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Author:Stephanie Russo Carroll

Works

 * The CARE Principles for Indigenous Data Governance, with Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Stephanie Russo Carroll


text:
Author:Ibrahim Garba

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Ibrahim Garba


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Page:SoK Exploring Current and Future Research Directions on XS-Leaks through an Extended Formal Model.pdf/2

Session 6B: System and Network Security #2 could be logged-in or logged out, being connected with someone one a social network site, receiving at least one result for a search query,...). The attacker can then reveal whether the user is in state s 0 or s 1 by detecting whether or not the resource was cached by using a timing attack to extract this “detectable state-difference” from the HTTP cache. Based on this formal model, we introduce a classification structure that can be used to uniquely identify different issues based on their intrinsic characteristics, i.e. the affected component, inclusion method and leak technique. We discuss how our new insights in the underlying causes of XS-Leaks can be used to identify new vulnerabilities and propose a methodology to this effect. Furthermore, we explore and analyze the different defenses that can be used to thwart a variety of XS-Leaks and find that these can be divided in three main strategies: preventing state-changes in components, isolation, and ensuring that responses are stateless. By categorizing these, we aim to improve the general understanding of these defenses and spark discussion about potentially novel protections, as some defenses may be too coarse-grained to be adopted. Finally, we analyze the adoption rate of XS-Leak defenses, introduce Leakbuster , a dynamic web interface that facilitates defense deployment, and report on a case-study where defenses were deployed at large scale.

In this section we provide the description for our model on XSLeaks, which will be referred to throughout the remainder of the paper. This model was created by thoroughly analzying the underlying commonalities of the previously-known XS-Leak vulnerabilities, which were obtained by a systematic literature review. Our model extends that of Knittel et al. [18] and focuses on the intricacies that form the foundation of XS-Leak vulnerabilities. These novel constructs allow us to comprehensively classify current attacks, propose a methodology to detect new attacks, and formally evaluate different defense strategies.

In summary, we make the following contributions:
 * We introduce a formal model for XS-Leaks, highlighting the underlying intricacies that cause the vulnerabilities, and capturing the different stages that occur during an attack.
 * Based on this model, we propose a classification method that can be used to uniquely characterize XS-Leaks, and introduce a methodology that can be used to detect new vulnerabilities.
 * As part of our analysis of the little-explored web server component, we identify two novel XS-Leak attacks.
 * We analyze the general strategies that are employed by defenses and find that a combination of isolation and mechanisms that prevent illicit requests are necessary.
 * We share the insights of a real-world case study where defenses were deployed at large scale, and use these to create Leakbuster, a dynamic web interface that can be used by web developers to facilitate the deployment of defenses.

When the web was originally envisioned, its main goal was to facilitate the sharing of public static information. It was not until later, after cookies were introduced to the web platform, and users could authenticate with websites, and share private information with them, that security became more important. However, as cookies were not designed with security in mind, and thus are attached to all requests of the domain they were set on, this gave rise to a new class of vulnerabilities. For example, in a CSRF attack, the attacker tricks their victim to send an authenticated request that performs an unconsented action on the target website, e.g. change the victim’s password. The automatic inclusion of cookies in requests did not only enable state-changing attacks, but is also at the base of attacks that aim to uncover information that a user shared with a particular website. As this clearly has significant security and privacy consequences, the same-origin policy was devised [31], This policy is a set of security principles that ensure that one origin cannot leak any information about resources from another origin, unless permission is explicitly granted via CORS headers. As a result, the concept of an origin (scheme, host, port) and site (scheme, eTLD+1) now is a security boundary, and information should be confined within this boundary. This includes the content of the response body, the header values as well as metadata, e.g. size of the response. Due to historical and practical reasons, some metadata is intended to be known, such as the dimensions of an image. However, it has been shown that other, potentially sensitive, information can be leaked across site boundaries through various side-channel attacks. These are referred to as XS-Leaks and are the main focus of this paper.

In this section we provide the description for our model on XS- Leaks, which will be referred to throughout the remainder of the paper. This model was created by thoroughly analzying the underly- ing commonalities of the previously-known XS-Leak vulnerabilities, which were obtained by a systematic literature review. Our model extends that of Knittel et al. [18] and focuses on the intricacies that form the foundation of XS-Leak vulnerabilities. These novel constructs allow us to comprehensively classify current attacks, propose a methodology to detect new attacks, and formally evaluate different defense strategies.

To better understand the practical aspects of XS-Leak attacks and to map these to our formal model, we first introduce a running example of a web application that is vulnerable to various XSLeak attacks. This application provides a fairly straightforward search functionality, and the web page showing the search results is implemented as a Jinja template, as shown in Listing 1. The underlying application authenticates the user based on the cookies that are attached to the request, and performs a textual search on the user’s private information based on a string provided in a GET parameter. For each result, the description is shown along with an icon that is loaded from a CDN. We assume that the application is secured against “typical” web security vulnerabilities, such as SQL injection and cross-site scripting. Interestingly, despite this fairly trivial functionality, there are multiple XS-Leak techniques that can be used to leak the user’s private information. In fact, this example is based on real-world vulnerabilities that were discovered in a series of Google products [51]. Listing 2 shows the JavaScript code that an adversary could run on their site to determine whether any results were shown for a specific (attacker-supplied) keyword. The attack code first loads the resource in an iframe (although it could also open it in a separate window using window.open or window.opener). It then waits for the document to load, and subsequently uses a timing attack to determine whether the icon was loaded from cache. As the icon is added to the cache only when there is at least one result, the cache entry would be indicative that at least one result was returned for the query. In order to check multiple queries, the attacker would


text:
Author:Oscar L. Figueroa-Rodríguez

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Oscar L. Figueroa-Rodríguez


text:
Author:Jarita Holbrook

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Jarita Holbrook


text:
Author:Raymond Lovett

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Raymond Lovett


text:
Author:Simeon Materechera

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Simeon Materechera


text:
Page:Weird Tales Volume 8 Number 3 (1926-09).djvu/58

IENS, Friend Trowbridge, this is interesting." Jules de Grandin passed the classified page of the Times across the breakfast table and indicated one of the small advertisements with the polished nail of his well-groomed forefinger. "Regard this avis, if you please, and say if I am not the man."

Fixing my reading glasses firmly on my nose, I perused the notice he pointed out:

De Grandin's round blue eyes shone with elated anticipation as I put down the paper and regarded him across the cloth. "Morbleu, is it not an apple from the tree of Divine Providence?" he demanded, twisting the ends of his diminutive blond mustache ferociously. "A remarkable man for a remarkable work, do they say? Cordieu, but Jules de Grandin is that man, nor do I in any wise imply perhaps! You will drive me down to that so generous soliciteur. Friend Trowbridge, and we shall together collect from him this ten thousand dollars, or may I never hear the blackbirds whistle in the trees of St. Cloud again."

"Sounds like some bootlegger advertising for a first lieutenant," I discouraged, but he would not be gainsaid.

"We shall go, we shall most certainly go to see this remarkable lawyer who offers a remarkable fee to a remarkable man," he insisted, rising and dragging me from the table. "Morbleu, my friend, excitement is good, and gold is good, too; but gold and excitement together—la, la, they are a combination worthy of any


text:
Author:Mark Parsons

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Mark Parsons


text:
Author:Kay Raseroka

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Kay Raseroka


text:
Author:Desi Rodriguez-Lonebear

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Desi Rodriguez-Lonebear


text:
Author:Robyn Rowe

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Rodrigo Sara, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Robyn Rowe


text:
Author:Rodrigo Sara

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Jennifer D. Walker, Jane Anderson, and Maui Hudson (2020)

title: Author:Rodrigo Sara


text:
Author:Jennifer D. Walker

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jane Anderson, and Maui Hudson (2020)

title: Author:Jennifer D. Walker


text:
Author:Jane Anderson

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, and Maui Hudson (2020)

title: Author:Jane Anderson


text:
Author:Maui Hudson

Works

 * The CARE Principles for Indigenous Data Governance, with Stephanie Russo Carroll, Ibrahim Garba, Oscar L. Figueroa-Rodríguez, Jarita Holbrook, Raymond Lovett, Simeon Materechera, Mark Parsons, Kay Raseroka, Desi Rodriguez-Lonebear, Robyn Rowe, Rodrigo Sara, Jennifer D. Walker, and Jane Anderson (2020)

title: Author:Maui Hudson


text:
Talk:Menara-e-Noor/Question & Answers

Couple of punctuation matters
In the first line, the single apostrophe seems stray.

Near the end of Q9, there is a part in italics - is that an incorrect symbol, or does it need the italics closed ? -- Beardo (talk) 22:13, 19 October 2023 (UTC)

title: Talk:Menara-e-Noor/Question & Answers


text:
Page:Scott's Last Expedition, Volume 1.djvu/648

422 Christopher, Nobby, Bones are as fit as ponies could well be and are naturally strong, well-shaped beasts, whilst little Michael, though not so shapely, is as strong as he will ever be.

To-day Wilson, Oates, Cherry-Garrard, and Crean have gone to Hut Point with their ponies, Oates getting off with Christopher after some difficulty. At 5 o'clock the Hut Point telephone bell suddenly rang (the line was laid by Meares some time ago, but hitherto there has been no communication). In a minute or two we heard a voice, and behold! communication was established. I had quite a talk with Meares and afterwards with Oates. Not a very wonderful fact, perhaps, but it seems wonderful in this primitive land to be talking to one's fellow beings 15 miles away. Oates told me that the ponies had arrived in fine order, Christopher a little done, but carrying the heaviest load.

If we can keep the telephone going it will be a great boon, especially to Meares later in the season.

The weather is extraordinarily unsettled; the last two days have been fairly fine, but every now and again we get a burst of wind with drifts and to-night it is overcast and very gloomy in appearance.

The photography craze is in full swing. Ponting's mastery is ever more impressive, and his pupils improve day by day; nearly all of us have produced good negatives. Debenham and Wright are the most promising, but Taylor, Bowers and I are also getting the hang of the tricky exposures.

Saturday, October 7.—As though to contradict the


text:
Page:Scott's Last Expedition, Volume 1.djvu/706

456 off, and the wind is dropping now, but the sky looks very lowering and unsettled.

Last night the sky was so broken that I made certain the end of the blow had come. Towards morning the sky overhead and far to the north was quite clear. More cloud obscured the sun to the south and low heavy banks hung over Ross Island. All seemed hopeful, except that I noted with misgiving that the mantle on the Bluff was beginning to form. Two hours later the whole sky was overcast and the blizzard had fully developed.

This Tuesday evening it remains overcast, but one cannot see that the clouds are travelling fast. The Bluff mantle is a wide low bank of stratus not particularly windy in appearance; the wind is falling, but the sky still looks lowering to the south and there is a general appearance of unrest. The temperature has been −10° all day.

The ponies, which had been so comparatively comfortable in the earlier stages, were hit as usual when the snow began to fall.

We have done everything possible to shelter and protect them, but there seems no way of keeping them comfortable when the snow is thick and driving fast. We men are snug and comfortable enough, but it is very evil to lie here and know that the weather is steadily sapping the strength of the beasts on which so much depends. It requires much philosophy to be cheerful on such occasions.

In the midst of the drift this forenoon the dog party came up and camped about a quarter of a mile to leeward. Meares has played too much for safety in catching us so


text:
Page:Australian Electoral Commission v Johnston.pdf/30

Hayne J

prevented from voting if the elector is prevented from voting with effect. In particular, Isaacs J explained in Bridge v Bowen that an elector is prevented from voting if, through official error, the vote which an elector submitted could not be counted. (Isaacs J distinguished between errors in performance of provisions of enactments requiring strict performance and other kinds of error but this distinction, if relevant to the Act as it then stood, need not be drawn for the purposes of the provisions at issue in these petitions.)

This being the state of the law as determined by this Court at the time of the 1922 amendments, there is no reason to conclude that "prevented from voting" was used in those amendments with some narrower meaning.

No party submitted that any later decision of this Court casts any doubt on this understanding of "prevented from voting". The parties did examine a number of decisions of State Courts of Disputed Returns which may be read as permitting, even depending upon, the adoption of a narrower construction of "prevented from voting" which would confine its application to cases where an elector was prevented by official error from submitting a vote.

The course of decisions in this Court, before the enactment of the 1922 amendments, provides a sounder foundation for construing s 365 than the later decisions of State Courts of Disputed Returns. Apart from the decision of Sugerman J in Campbell v Easter, it is not clear that all of those later decisions were made in the light of arguments which fully canvassed the relevant decisions of this Court (and the cases upon which those decisions were based) or referred to all of the decisions of other State Courts which had considered the question of construction. Further, in at least some of the State cases, it would appear that the issue agitated in the course of argument focused more upon preservation of the secrecy of the ballot than upon the more fundamental question of statutory construction and what is meant by "prevented from voting".

Finally, the preferred construction of the expression "prevented from voting" is consistent with what is now s 367 (also inserted in the Act by the 1922 Act), which regulates when the Court may admit evidence of any witness


text:
Page:Books from the Biodiversity Heritage Library (IA mobot31753000820123).pdf/51

Rh


text:
Page:Hosseinzadeh v. Klein.pdf/13

 *Ethan Klein criticizes a scene in which Bold Guy rapidly moves from one location to another, stating that the scene “broke [the] realism” of the video. Irrespective of whether one finds it necessary, accurate, or well-executed, the Klein video is nonetheless criticism and commentary on the Hoss video. Thus, like, , and , this first factor weight in defendants’ favor.

The second factor examines the nature of the allegedly infringed work. Defendants argue that the Hoss video and plaintiff’s “Bold Guy” video skits are factual rather than creative in nature because plaintiff has said he draws inspiration for the character from his own experiences and personality. The Court disagrees. Plaintiff’s videos, including the Hoss video, are entirely scripted and fictional, regardless of whether plaintiff draws on himself for the Bold Guy character. If creative works were deemed nonfiction whenever an author relies on his or her own experience, the fiction genre would be defined almost entirely out of existence. Since the Hoss video is a creative work, the second factor weighs against a finding of fair use. , 246 F.3d at 174 (citing, 510 U.S. at 586, 114 S.Ct. 1164).

The third factor examines the amount and substantiality of the portion of the copyrighted work used. Defendants argue that the third factor weighs in their favor because plaintiff’s video constitutes only a small proportion of the content of defendants’ video. Defendants’ analysis gets the math backwards. The third fair use factor considers what proportion of the the allegedly infringing work uses, and then how well tailored that use was to the allegedly infringing work’s proper purpose—no matter how large or long the allegedly infringing work is. Here, defendants use a number of short segments of plaintiff’s work, interspersing their commentary and critique along the way. It is certainly true that when one adds up all of the segments used, the total amounts to three minutes and fifteen seconds of a five minutes and twenty-four second video. The law is clear, however, that quantity alone is not determinative.

It is evident that to comment on and critique a work, clips of the original may be used. , 510 U.S. at 588, 114 S.Ct. 1164 (“[P]arody must be able to ‘conjure up’ at least enough of that original to make the object of its critical wit recognizable. … Copying does not become excessive in relation to parodic purpose merely because the portion taken was the original’s heart.”);, 320 F.Supp.2d 84, 89 (S.D.N.Y. 2003) (“[A] parody must take recognizable material from the original in order to convey its message[.]”). Without using actual clips, the commentary and critique here would lose context and utility. Here, the “extent” and “quality and importance” of the video clips used by defendants were reasonable to accomplish the transformative purpose of critical commentary. , 839 F.3d at 185. This factor is therefore neutral—a great deal of plaintiff’s work was copied, but such copying was plainly necessary to the commentary and critique.

The fourth factor—the commercial impact the allegedly infringing work has or had on demand for the Hoss video—also weighs in favor of defendants. The purpose of the fourth factor is to determine to what degree an allegedly infringing work “usurps” demand for the copyrighted work, thereby resulting in a loss for the infringee or unjust enrichment for the infringer. ;, 510 U.S. at 592, 114 S.Ct. 1164 (stating “the role of the courts is to distinguish between biting criticism that merely suppresses demand and copyright

title: Page:Hosseinzadeh v. Klein.pdf/13


text:
Page:The Lady of the Lake - Scott (1810).djvu/269

RV 253 (Rh)


text:
Page:The Lady of the Lake - Scott (1810).djvu/270

RV 254 (Rh)


text:
Page:The Lady of the Lake - Scott (1810).djvu/271

RV 255 (Rh)


text:
Page:The Lady of the Lake - Scott (1810).djvu/272

RV 256 (Rh)


text:
Page:Australian Electoral Commission v Johnston.pdf/31

Hayne J

that the witness was not permitted to vote. It is notable that s 367 uses the phrase "not permitted to vote" rather than "prevented from voting". It follows, and no party submitted to the contrary, that cases where an elector is not permitted to vote must be understood to be a subset of cases where electors are prevented from voting. The question then becomes how widely the set (of which s 367 is a subset) should be drawn. Mr Wang allowed cases where an elector is given the wrong ballot paper as a case of prevention from voting but drew no convincing distinction between such a case and other cases where an elector, through official error, submits a ballot paper which is not the subject of the determinative scrutiny.

In this case, where a re-count of some ballot papers was ordered, and the lost ballot papers should have been included within that re-count, the electors who submitted those ballot papers did not have their ballot papers included in the determinative scrutiny.

For these several reasons, the 1,370 electors who submitted ballot papers which were lost between the fresh scrutiny and the re-count were prevented from voting. The first separate question should be answered accordingly.

It follows from the proviso to s 365 that, in these petitions, where all the petitioners allege that the lost ballot papers were not included in the re-count "on account of the … error of, or omission by", an officer, "the Court shall not, for the purpose of determining whether the … error of, or omission by, the officer did or did not affect the result of the election, admit any evidence of the way in which the [electors whose ballot papers were lost] intended to vote in the election".

Would admission in evidence of the records about the lost ballot papers be evidence of the way in which electors who were prevented from voting "intended to vote in the election"?

Contrary to the submissions of Mr Wang, Mr Mead and a number of the respondents, admitting evidence of the records made at the original and fresh scrutinies about what voting intentions were validly expressed in the lost ballot papers would be evidence of the way in which those electors intended to vote at the election. It would not be evidence which would reveal how any identified or identifiable elector intended to vote and it therefore would not be evidence which broke the secrecy of the ballot. But once it is accepted that the prevention from voting with which s 365 deals extends to cases of the present kind, it follows that "evidence of the way in which the elector intended to vote" includes evidence revealing how electors whose ballot papers were not the subject of the determinative scrutiny intended (by their ballot papers) to vote.


text:
Page:Hosseinzadeh v. Klein.pdf/14

, which usurps it.”) (internal quotations and alterations omitted); , 364 F.3d at 481–82 (“In considering the fourth factor, our concern is not whether the secondary use suppresses or even destroys the market for the original work or its potential derivatives, but whether the secondary use usurps the market of the original work.”). Here, it is clear to the Court that the Klein video does not serve as a market substitute for the Hoss video; anyone seeking to enjoy “Bold Guy vs. Parkour Girl” on its own will have a very different experience watching the Klein video, which responds to and transforms the Hoss video from a skit into fodder for caustic, moment-by-moment commentary and mockery. Because the Klein video does not “offer[ ] a substitute for the original,” it does not (and indeed, cannot) “usurp a market that properly belongs to the copyright holder.” , 150 F.3d at 110. The fourth factor thus weighs in favor of a determination of fair use.

 * b.

The Court has held that the Klein video constitutes fair use, and further that the Klein video does not infringe plaintiff’s copyrights. Accordingly, it is clear to the Court that Claim II, which alleged that defendants made misrepresentations in their DMCA counter notification, must also be dismissed. It is self-evident that a statement cannot be a “misrepresentation” for purposes of 17 U.S.C. § 512(f) if it is factually accurate.

But even if this Court held the Klein video fair use, the Court would still dismiss Claim II because defendants clearly had a subjective “good faith belief” that their video did not infringe plaintiff’s copyrights. , 815 F.3d at 1153. It is undisputed that defendants understand the concept of fair use and have an established practice for ensuring their videos make fair use of copyrighted material. (ECF No. 101 ¶ 28.) It is also undisputed that defendants filed a counter notification on August 26, 2016 alleging that the Klein video constituted fair use. (ECF No. 101 ¶ 49.) This undisputed evidence clearly establishes the subjective “good faith belief” required under 17 U.S.C. § 512(g)(3)(C). Plaintiff has failed to proffer any evidence that suggests defendants lacked a subjective “good faith belief,” and therefore has failed to create a triable issue. Accordingly, Claim II must additionally be dismissed for that reason.

 * c.

Based on this Court’s review of the Lawsuit video, it is clear that Claim III, in which plaintiff alleges that defendants defamed the plaintiff, must be dismissed. First, as plaintiff has acknowledged, the Lawsuit video is replete with “non-actionable opinion[s].” (ECF No. 99. [sic]);, 449 F.3d at 402 (“New York law absolutely protects statements of pure opinion, such that they can never be defamatory.”) (internal quotation omitted). For example, Ethan Klein’s statement “I think that the heart and soul of this is … he doesn’t like that we made fun of him, and so he’s suing us” is a quintessential statement of pure opinion. Nothing about Ethan Klein’s statement suggests that his opinion is based on any non-public facts about plaintiff, therefore the statement is clearly not actionable as a “mixed opinion.”, 771 F.3d at 129.

The only other allegedly defamatory statement explicitly identified by plaintiff is Ethan Klein’s assertion that

title: Page:Hosseinzadeh v. Klein.pdf/14


text:
Page:A sentimental journey through France and Italy (1769 Volumes 1 - 4).pdf/27

 quisitive traveller,—what could occasion its motion.—'Twas the agitation, said I coolly, of writing a preface—I never heard, said the other, who was a simple traveller, of a preface wrote in a Desobligeant.—It would have been better said I, in a Vis a Vis.

—As an English man does not travel to see English men, I retired to my room.

Perceived that something darken'd the passage more than myself, as I stepp'd along it to my room; it was effectually Mons. Dessein, the Master of the hôtel, who had just returned from vespers, and, with his hat under his arm, was most complaisantly following me, to put me in mind of my wants. I had wrote myself pretty well out of conceit with the Desobligeant; and Mons. Dessein speaking of it, with a shrug, as if it would no way suit me, it immediately struck my fancy that it belong'd to some innocent traveller, who, on his return home, had left it to Mons. Dessein's honour to make the most of. Four months had elapsed since it had finish'd its career of Europe in the corner of Mons. Dessein's coach-yard; and having sallied out from thence but a vampt-up business at the first, though it had been twice taken to pieces on Mount Sennis, it had not profited much by its adventures—but by none so little as the standing so many months unpitied in the corner of Mons. Dessein's coach-yard. Much indeed was not to be said for it—but something might—and when a few words will rescue misery out of her distress, I hate the man who can be a churl of them.


text:
Page:A sentimental journey through France and Italy (1769 Volumes 1 - 4).pdf/28

 —Now was I the master of this hôtel, said I, laying the point of my fore-finger on Mons. Dessein's breast, I would inevitably make a point of getting rid of this unfortunate Desobligeant—it stands swinging reproaches at you every time you pass by it

Mon Dieu! said Mons. Dessein—I have no interest—Except the interest, said I, which men of a certain turn of mind take, Mons Dessein, in their own sensations—I'm persuaded, to a man who feels for others as well as for himself, every rainy night, disguise it as you will, must cast a Page 22 damp upon your spirits—You suffer, Mons. Dessein, as much as the machine—

I have always observed, when there is as much sour as sweet in a compliment, that an Englishman is eternally at a loss within himself, whether to take it, or let it alone: a Frenchman never is; Mons. Dessein made me a bow.

C'est bien vrai, said he—But in this case I should only exchange one disquietude for another, and with loss: figure to yourself, my dear Sir, that in giving you a chaise which would fall to pieces before you would go half way to Paris—figure to yourself how much I should suffer, in giving an ill impression of myself to a man of honour, and lying at the mercy, as I must do, d'un homme d'esprit.

The dose was made up exactly after my own prescription; so I could not help taking it—and returning Mons. Dessein his bow, without more casuistry, we walked together towards his Remise, to take a view of his magazine of chaises.


text:
Page:Hosseinzadeh v. Klein.pdf/15

 “several months passed [and] nothing happen[ed]” prior to plaintiff’s first settlement offer and threat of litigation. But because that statement is “substantially true” as a matter of New York law, it is non-actionable. As previously noted, a statement is “substantially true” “if the statement would not have a different effect on the mind of the reader from that which the pleaded truth would have produced.”, 864 F.3d at 243–44 (quotation omitted). Here, plaintiff argues that Ethan Klein’s failure to mention that plaintiff sent a warning e-mail on August 2, 2016 makes Ethan Klein’s statement that “nothing happen[ed]” false and defamatory. (ECF No. 99.) Plaintiff further argues that Ethan Klein’s omission is defamatory because it paints plaintiff as “a trigger-happy litigant who immediately activates his lawyers when he is criticized.”

Plaintiff is mistaken for at least two reasons. First, viewing the Lawsuit video as a whole, the clear import of Ethan Klein’s statement that “nothing happen[ed]” is that defendants were surprised and disappointed by plaintiff’s decision to file a lawsuit months after the Klein video was first posted on YouTube. , 864 F.3d at 243 (“When a court interprets a publication in an action for defamation, the entire publication, as well as the circumstances of its issuance, must be considered in terms of its effect upon the ordinary reader.”) (internal quotation and alteration omitted). Plaintiff’s objection to the word “nothing” is hyper-literal and based on a strained and unsupported interpretation of the Lawsuit video. Given the Lawsuit video is all about plaintiff’s decision to file the present action, Ethan Klein’s statement that “nothing happen[ed]” could easily refer to the fact that in the intervening months, not that the parties had no communication.

Second, mention of the warning e-mail would not have produced a “different effect on the mind of the reader” from what defendants actually said. , 864 F.3d at 243–44 (quotation omitted). If, as plaintiff has alleged, the ordinary viewer would see plaintiff as a “trigger-happy litigant” after watching the Lawsuit video, it is exceptionally unlikely that knowledge of the April 2, 2016 e-mail, in which plaintiff explicitly threatened “costly” legal action if defendants did not comply with his demands within twenty-four hours, would change that perception. In other words, the “pleaded truth” would do absolutely nothing to undercut the allegedly defamatory implication of Ethan Klein’s statement (though the Court disagrees that Mr. Klein’s statement carried that implication). Because the statements identified by Plaintiffplaintiff [sic] are either non-actionable opinions or substantially true as a matter of law, Claim III is hereby dismissed.

IV. CONCLUSION

For the forgingforegoing [sic] reasons defendants’ motion for summary judgment is GRANTED in its entirety, and plaintiff’s motion for partial summary judgment is DENIED.

The Clerk of Court is directed to terminate the present action.

SO ORDERED.

title: Page:Hosseinzadeh v. Klein.pdf/15


text: Hosseinzadeh v. Klein

title: Hosseinzadeh v. Klein


text:
Page:Australian Electoral Commission v Johnston.pdf/32

Hayne J

The submissions that this reading of s 365 would lead to incongruent (perhaps even absurd) results should not be accepted. In particular, this reading of s 365 does not exclude any evidence in respect of any ballot paper which was the subject of the determinative scrutiny. It is not a reading of the provision which restricts in any way the Court's consideration of ballot papers which were included in the determinative scrutiny, regardless of whether, on that scrutiny, the vote recorded in the ballot paper was rejected or accepted. If ballot papers were rejected in that determinative scrutiny as informal, the electors concerned would not have been prevented, by official error, from having their papers considered in the determinative scrutiny. The proviso to s 365 would not be engaged and, because it would not be engaged, there can be no resulting incongruous or absurd application.

For these reasons, evidence of the records made at the original and fresh scrutinies about the voting intentions recorded in the lost ballot papers may not be admitted for the purpose referred to in the proviso to s 365. Whether the official errors relied on by the petitioners did or did not affect the result of the election must be decided without regard to that evidence.

Some attention was given in argument to whether anything turns on the use in s 362(3) of the expression "the result of the election was likely to be affected" but the use in s 365 of the expression "did or did not affect the result of the election".

Nothing turns on the use of these different expressions in the two provisions. Section 362(3) provides the relevant limitation on the Court's exercise of two of the powers given by s 360(1) and it is the text of s 362(3) which provides the content of that limitation. The Court must be satisfied that the result of the election was likely to be affected before making (and also satisfied that it is just to make) either of the specified kinds of declaration. By contrast, the proviso to s 365 regulates the evidence which may be admitted for the purpose of the Court deciding whether it is satisfied that the result was likely to be affected.

Some attention was also given to what is meant by "likely" in the expression "likely to be affected". Does it mean "more probable than not"? Does it include "substantial possibility less than probability"? Perhaps other expressions could be used to capture the various meanings referred to in argument but, for present purposes, the two meanings given capture the substance of the debate.

As already noted, without regard to the voting intentions recorded in the 1,370 lost ballot papers, the conclusion that the loss of those ballot papers probably affected the result of the election is inevitable. The conclusion follows


text:
Page:Australian Electoral Commission v Johnston.pdf/33

Hayne J

from matters which I identified earlier in these reasons. The result declared was based on a scrutiny from which 1,370 ballot papers were excluded. The result depended upon who was excluded at the 50th exclusion point. The margin at that point was determined in the original and fresh scrutinies to be 14 votes one way but then (excluding scrutiny of the lost ballot papers) determined on the re-count to be 12 votes the other way. And the re-count yielded different tallies of votes and different decisions about rejection or acceptance of ballot papers from those reached in the original and fresh scrutinies, in numbers which cannot be dismissed as irrelevant or trivial. Those are reasons enough to conclude that it is more probable than not that the loss of ballot papers affected the result of the election which was declared.

If, as Mr Wang and Mr Mead allege, there were wrong decisions made in relation to reserved votes, the particular errors they allege could only reinforce the conclusion otherwise reached that the result declared was likely to be affected by illegal practices.

It is not necessary, in this case, to resolve any dispute about the meaning to be given to the word "likely" in the expression "likely to be affected" in s 362(3). It is, however, desirable to deal specifically with one submission made by Mr Dropulich. It was submitted, in effect, that if the Court could not take account of the records made in the original and fresh scrutinies about the lost ballot papers, the Court could not be satisfied that the result of the election was likely to be affected by the loss of the ballot papers. The Court could not be satisfied, the argument ran, because the Court could form no judgment at all. The Court could form no judgment because both outcomes (the result declared and the opposite result) were equally probable. This argument must be rejected. Wrongly, the argument treated the question of effect on the result of the election as requiring a petitioner to prove what the result would have been if the ballot papers had not been lost. The argument did not take account of all of the relevant facts that are known, including the closeness of the outcome, and the differences shown to exist between the original and fresh scrutinies and the re-count as to both tallies and rejection and acceptance of votes. It is more probable than not that the loss of the ballot papers affected the result of the election which was declared.

Subject to one possible caveat, those who submitted that the Court can and should have regard to the records which were made about the lost ballot papers all did so in aid of arguments that the Court should decide who would have been declared elected if the re-count had been conducted according to law. It is


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Hayne J

convenient to deal at once with the possible caveat and notice a strand of argument which might be understood as seeking to support the admission of evidence about the records of the original and fresh scrutinies on a basis other than demonstrating entitlement to a declaration that Mr Wang and Senator Pratt were duly elected.

Some of the arguments about the admissibility of the records were expressed in terms which appeared to be directed to the application of the last clause of s 362(3), and its requirement that the Court not declare that a person returned as elected was not duly elected and not declare any election void unless the Court is satisfied that "it is just that the candidate should be declared not to be duly elected or that the election should be declared void". To the extent to which parties sought to support the admission of the evidence about the records of the original and fresh scrutinies on this basis, the argument should be rejected.

Without regard to the evidence of the records about the lost ballot papers, the Court can and should be satisfied, not only that the result of the election was likely to be affected by the loss of the ballot papers, but also that it is just that one or other of the forms of declaration dealt with by s 362(3) should be made: either that Mr Dropulich and Senator Ludlam were not duly elected or that the election should be declared void. As has already been noted, admission of evidence about the records of the original and fresh scrutinies would only reinforce these conclusions, for the evidence would show (if admissible and accepted) that the wrong result was declared in respect of the fifth and sixth places. That being so, to the extent to which admission of the evidence was sought to be supported by reference to s 362(3), its admission in this case is unnecessary.

Though variously expressed, the chief arguments advanced in support of admission of the evidence of the records of the original and fresh scrutinies asserted that, by adding what was recorded about the lost ballot papers in the original and fresh scrutinies to the results of the re-count (revised or unrevised in accordance with the allegations of Mr Wang and Mr Mead), it would be shown that Mr Wang and Senator Pratt should have filled the fifth and sixth places and should now be declared to have been duly elected.

No provision of the Act expressly provides for making such a patchwork of results. Rather, the relevant provisions of the Act provide that the result of the poll will be determined by scrutiny of all of the relevant ballot papers accompanied by whatever additional steps (such as reservation of ballot papers on a re-count for the decision of the Australian Electoral Officer for the relevant State or Territory) the Act permits or requires.

Scrutiny of the ballot papers is much more than a mechanical task. Judgments must be made about particular ballot papers. Both the Wang and Mead petitions depend, in very large part, upon this being so. And the differences between decisions made in the original and fresh scrutinies and those


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Page:Ante-Nicene Christian Library Vol 9.djvu/195

Rh Why was it, that when these two (Aaron and Miriam) had both acted with despite towards him (Moses), the latter alone was adjudged punishment? First, because the woman was the more culpable, since both nature and the law place the woman in a subordinate condition to the man. Or perhaps it was that Aaron was to a certain degree excusable, in consideration of his being the elder [brother], and adorned with the dignity of high priest. Then again, inasmuch as the leper was accounted by the law unclean, while at the same time the origin and foundation of the priesthood lay in Aaron, [the Lord] did not award a similar punishment to him, lest this stigma should attach itself to the entire [sacerdotal] race; but by means of his sister's [example] He awoke his fears, and taught him the same lesson. For Miriam's punishment affected him to such an extent, that no sooner did she experience it, than he entreated [Moses], who had been injured, that he would by his intercession do away with the affliction. And he did not neglect to do so, but at once poured forth his supplication. Upon this the Lord, who loves mankind, made him understand how He had not chastened her as a judge, but as a father; for He said, "If her father had spit in her face, should she not be ashamed? Let her be shut out from the camp seven days, and after that let her come in again."

Inasmuch as certain men, impelled by what considerations I know not, remove from God the half of His creative power,


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Page:Australian Electoral Commission v Johnston.pdf/35

Hayne J

made in the re-count about rejection or acceptance of ballot papers emphasise the importance of the scrutiny. Even the apparently mechanical task of tallying yielded different results between the original and fresh scrutinies and the re-count.

As already noted, the Act provides the procedures and mechanisms by which senators are to be directly chosen by the people. Those procedures and mechanisms are the means by which senators are "duly elected". More particularly, senators are duly elected following a poll conducted in accordance with the Act and ascertainment of the result of the polling by scrutiny of the ballot papers. Those who now seek to have the Court declare that Mr Wang and Senator Pratt were "duly elected", though not returned as elected, necessarily ask the Court to do so by reference to a "result" of the election constructed in a manner not provided for by the Act. The departures from those requirements which Mr Wang and Mr Mead invite the Court to make cannot be dismissed as immaterial (as might have been the case if at no point in the successive exclusion of candidates had the margin between candidates been less than the number of lost ballot papers).

In In re Wood, the Full Court determined questions respecting a possible vacancy in the Senate referred to the Court pursuant to s 377 of the Act. A senator returned as elected was not, at the time of his election, an Australian citizen and, therefore, was not entitled to be nominated for election as a senator. The whole Court held that the vacancy should be filled by the further counting of the ballot papers cast at the election, treating expressions of preference in favour of the unqualified candidate as ineffective: "a nullity".

The central premise for the Court's conclusions was that a valid result of the polling could be ascertained by scrutiny of the ballot papers. By construing Pt XVIII of the Act (the provisions regulating the scrutiny) in this way, the whole Court concluded that "the true result of the polling–that is to say, the true legal intent of the voters so far as it is consistent with the Constitution and the Act–can be ascertained" (emphasis added). As the Court said, there was, in that


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172 ticular pains to afford them convincing proof that Christ is of the seed of David; and therefore he commences with [an account of] His genealogy.

"The axe unto the root," he says, urging us to the knowledge of the truth, and purifying us by means of fear, as well as preparing [us] to bring forth fruit in due season.

Observe that, by means of the grain of mustard seed in the parable, the heavenly doctrine is denoted which is sown like seed in the world, as in a field, [seed] which has an inherent force, fiery and powerful. For the Judge of the whole world is thus proclaimed, who, having been hidden in the heart of the earth in a tomb for three days, and having become a great tree, has stretched forth His branches to the ends of the earth. Sprouting out from Him, the twelve apostles, having become fair and fruitful boughs, were made a shelter for the nations as for the fowls of heaven, under which boughs, all having taken refuge, as birds flocking to a nest, have been made partakers of that wholesome and celestial food which is derived from them.

Josephus says, that when Moses had been brought up in the royal palaces, he was chosen as general against the Ethiopians; and having proved victorious, obtained in marriage the daughter of that king, since indeed, out of her affection for him, she delivered the city up to him.


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Page:Australian Electoral Commission v Johnston.pdf/36

Hayne J

case, "no blemish affecting the taking of the poll and the ballot papers [were] available to be recounted" (emphasis added). As "the valid choice of the electors [could] lawfully be ascertained by recounting", it was unnecessary to take a further poll. That is, no further poll was necessary because "[t]he full number of qualified senators required [could] be returned in accordance with the Act after a recount of the ballot papers" (emphasis added).

The Full Court having answered the questions referred for its consideration pursuant to s 377 of the Act, the matter came on for further hearing before Mason CJ. His Honour gave directions for the further counting and re-counting of ballot papers and did so as an incident of and for the purpose of facilitating the exercise of the power given to the Court of Disputed Returns by s 360(1)(vi) to declare any candidate duly elected who was not returned as elected. It must be acknowledged that, as the first, third and fourth respondents to each of the petitions pointed out, the directions given by Mason CJ moulded the procedures required by the Act to the circumstance that one of the candidates named on the ballot paper was ineligible for election. But the directions given did not provide for any departure from, or addition to, the requirements of the Act regulating the scrutiny beyond recognition of the candidate's ineligibility to be chosen as a senator.

By contrast, what Mr Wang and Mr Mead invite the Court to do in this case is to adopt a method of ascertaining the result of the polling which is a method for which the Act does not provide. That step cannot be taken. Because that is so, the evidence of the records of the original and fresh scrutinies which bear on the lost ballot papers is not admissible for the purpose of the Court determining that it should declare any candidate duly elected who was not returned as elected.

The second separate question should therefore be given an answer in two parts. First, the Court is precluded by s 365 from admitting, for the purpose described in the proviso to that section, evidence of the records made at the original and fresh scrutinies that bear on the missing ballot papers. Second, those records are not admissible for the purpose of the Court determining that it should declare any candidate duly elected who was not returned as elected.

The conclusions just expressed make it unnecessary to deal at any length with the third separate question, which asks, in effect, whether an inquiry


text: Index:Fleischer Studios v. Ralph A. Freundlich.pdf


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Book v.] and leave the other: [also] at the time of the end, to order the reapers to collect first the tares together, and bind them in bundles, and burn them with unquenchable fire, but to gather up the wheat into the barn; and to call the lambs into the kingdom prepared for them, but to send the goats into everlasting fire, which has been prepared by His Father for the devil and his angels. And why is this? Has the Word come for the ruin and for the resurrection of many? For the ruin, certainly, of those who do not believe Him, to whom also He has threatened a greater damnation in the judgment-day than that of Sodom and Gomorrah; but for the resurrection of believers, and those who do the will of His Father in heaven. If then the advent of the Son comes indeed alike to all, but is for the purpose of judging, and separating the believing from the unbelieving, since, as those who believe do His will agreeably to their own choice, and as, [also] agreeably to their own choice, the disobedient do not consent to His doctrine; it is manifest that His Father has made all in a like condition, each person having a choice of his own, and a free understanding; and that He has regard to all things, and exercises a providence over all, "making His sun to rise upon the evil and on the good, and sending rain upon the just and unjust."

2. And to as many as continue in their love towards God, does He grant communion with Him. But communion with God is life and light, and the enjoyment of all the benefits which He has in store. But on as many as, according to their own choice, depart from God, He inflicts that separation from Himself which they have chosen of their own accord. But separation from God is death, and separation from light is darkness; and separation from God consists in the loss of all the benefits which He has in store. Those, therefore, who cast away by apostasy these forementioned things, being in fact destitute of all good, do experience every kind of punishment. God, however, does not punish them immediately of Himself, but that punishment falls upon them because they


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Page:Proclamation 10191 - National Building Safety Month, 2021.pdf/1

Rh

Proclamation 10191 of April 30, 2021

National Building Safety Month, 2021

By the President of the United States of America

A Proclamation

Throughout this past year, we have come to appreciate the contributions and complexity of our building and built environment. During the COVID–19 pandemic, many people saw their homes become more than a place of dwelling, evolving into a comprehensive space for education, work, childcare, and entertainment. During National Building Safety Month, we recognize the importance of strengthening our buildings and infrastructure to serve the needs and ensure the safety of every American. We also honor the building safety professionals dedicated to creating safe, sustainable, and resilient communities.

We also recognize that now is the time to repair and modernize our buildings and infrastructure, not only to meet the needs of today, but to address the challenges of tomorrow, especially the existential threat of climate change. The unrelenting impact of climate change affects every one of us, but too often the brunt falls disproportionately on vulnerable communities—especially low-income communities and people of color—who are facing new and worsening natural hazards like hurricanes, floods, extreme heat, and wildfires due to climate change. These communities are less likely to have the means to prepare for and recover from these hazards, which have increased in frequency, duration, and intensity. The buildings where we live and work provide an important line of defense against these growing hazards. Investing in our infrastructure and adopting and implementing modern building codes are the most effective mitigation measures communities can undertake.

This is why I have issued several Executive Orders related to buildings and resiliency as part of a Government-wide approach to the climate emergency. My Administration has also put the climate crisis at the center of U.S. foreign and national security policy, and established the White House Office of Domestic Climate Policy and the National Climate Task Force. We are committed to creating climate-friendly and environmentally conscious communities that not only protect the people who live and work in them, but also will boost our economy in the long-term.

In order for us to safeguard the health, safety, and economic future of our Nation’s people, we must also invest in our infrastructure more broadly. From upgrading homes in disadvantaged communities, to modernizing our Nation’s schools, to replacing lead water pipes, to securing affordable, high-speed broadband, the American Jobs Plan is an investment for all Americans. It will create millions of good jobs, rebuild our crumbling infrastructure, and promote access to opportunity for all.

To support these efforts, my Administration is also calling for broad input and collaboration from all levels of government and our partners in the non-profit and private sectors. We must all share the responsibility for ensuring that our communities are safe and resilient against the growing threat of climate change. In America and around the globe, initiatives such as the Global Resiliency Dialogue aim to increase building and climate-based science into the solution. This important work is underway, but we recognize that there is much more to do.


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23848 NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 2021 as National Building Safety Month. I encourage citizens, government agencies, businesses, nonprofits, and other interested groups to join in activities that raise awareness about building safety. I also call on all Americans to learn more about how they can contribute to building safety at home and in their communities.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

[FR Doc. 2021–09572 Filed 5–4–21; 8:45 am] Billing code 3295–F1–P


text: A Proclamation on National Building Safety Month, 2021


text:
Page:Aviation Accident Report - TWA Flight 6 - 3 August 1935.pdf/1

To the Director of Air Commerce:

On August 3, 1935 at about 12:55 a. m. approximately 30 miles East of Albuquerque, New Mexico, an airplane of United States registry, piloted by a licensed airman, while being operated in scheduled flight carrying passengers and United States mail, was forced to land with resultant destruction of the aircraft, but no serious injuries to the passengers or crew.

The plane, a Douglas, model DC-2, bore Department of Commerce license number NC-13722 and was being operated by Transcontinental and Western Air between Los Angeles, California, and Newark, New Jersey, with scheduled stops at Albuquerque, Amarillo, Kansas City, Columbus, and Pittsburgh. The pilot, Clifford V. Abbott, held a Department of Commerce transport pilot's licence and a scheduled air transport rating. The co-pilot, W. W. Jones also held a Department of Commerce transport pilot's licence and a scheduled air transport rating.

The passengers were H. B. Bowen, C. J. Wheeler, H. Buckner, Steve Hannigan, Father Walter Plimmer, Murray Blank, L. A. McDonald, G. A. Hallquit and T. F. Whipps.

After refueling, this trip, known as flight 6, took off from Albuquerque at 12:31 a. m. The pilot climbed to an altitude of 9300 feet where he changed the propeller settings from low to high pitch and switched from the emergency tank of 67 octane fuel used while taking off to the left main tank of 80 octane fuel used for cruising.

Shortly after this, while at an altitude of 9500 feet, the left engine stopped and immediately after, the right engine stopped. The pilot immediately changed back to the emergency tank with the assistance of the co-pilot attempted to get the engines started again by pumping the throttles and using the wibble pump. This was continued until the plane had lost so much altitude that an emergency landing could not be avoided. The pilot then dropped two flares, seeking a landing field, and by the aid of a third flare, dropped by a plane which had come to his assistance, succeeded in effecting an emergency landing.

The country in which this landing was effected is covered with a dense growth of scrub pine trees growing to heights of 15 to 20 fee. The ground is rolling with considerable rock formationformations [sic] making the general surface fairly rough. There were several small open pastures in the vicinity and the plane came to rest in one of these after having cut a swath through surrounding trees. The left wing apparently becarebecame [sic] entangled in the trees pulling the plane down. The nose then apparently plowed through a clump of trees while headed approximately opposite to the direction of approach. 337


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Page:Anthology of Japanese Literature.pdf/63

Approaching death

[Written when the Prince faced execution for attempted rebellion]

The border official

Last year service in the eastern hills, This, the marches of the western sea.


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60 How often in the span of an official’s life Must he weary himself with these border wars? Fujiwara no Umakai (694–737)

Watching fish in the water

Composed at a party for the Korean envoy


text: Anthology of Japanese Literature/Kaifūsō


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Page:Sanâtana dharma - an elementary text book of Hindu religion and ethics (IA santanadharmae00centiala).pdf/18

( 2 ) In later days the Religion was called the Hindu Religion, and this is the name by which it is now usually known. It is the oldest of living Religions, and no other Religion has produced so many great men-great teachers, great writers, great sages, great saints, great kings, great warriors, great statesmen, great benefactors, great patriots. The more you know of it, the more you will honour and love it, and the more thankful you will be that you were born into it. But unless you grow up worthy of it, this great and holy Religion will do you no good.

The Ancient Religion is based on one strong foundation on which are erected the walls of its structure.

The foundation is called श्रुति: Shrutih "that which has been heard;" the walls are called स्म्ऱुति: Smrtih, "that which has been remembered."

The Shruti has been given through very wise who heard it and received it from Devas; these sacred teachings were not written down till comparatively modern times, but were learnt by heart, and constantly repeated.

The teacher sang them to his pupils, and the pupils sang them after him, a few words at a time,


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Page:The Harveian oration on Harvey in ancient and modern medicine (electronic resource) (IA b20420080).pdf/15

MODERN MEDICINE 3 Harvey lived through one period which was favourable to intellectual progress, and through another which was not. Born (1578) under Elizabeth, ten years old at the time of the Armada, he was a spectator of English history until within fifteen months of the death of Oliver Cromwell. At the death of James I. Harvey was forty-seven years old; his great discovery had been made and expounded in this College, though not yet given to the world. Thus his most important work was done in a quiet time--a period not brilliant historically, but one not unpropitious to learning and research. The fetters of old superstition had been loosened, and the influ- ence of the Elizabethan age was still in the air. It is worth noting that Harvey's long life made him the contemporary of the four greatest men whom England has produced. No one will dispute that this pre-eminence belongs to Shakespeare, Bacon, Milton, and Newton, each without rival in his own way. Shakespeare died in 1616, the year in which Harvey, then thirty-seven, began to lecture at


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Page:The Harveian oration on Harvey in ancient and modern medicine (electronic resource) (IA b20420080).pdf/16

4 HARVEY IN ANCIENT AND this College. Bacon and Harvey were closely associated; Harvey was Bacon's physician, and had, as Aubrey tells us, but a mean opinion of his philosophy, though he esteemed him much for his wit. Harvey was widely separated from Milton politically, but he may have read his earlier works. Newton was fifteen when Harvey died.

It is no part of my purpose to describe Harvey's work in detail, or to vindicate his claim to the discovery with which his name is connected; the latter duty, as it recently became, has been ably performed by Dr. George Johnson. The difficulty of the dis- covery and its magnitude are the two con- siderations pertaining to it which cannot be passed over. To appreciate them we must take our stand at different points of view, and those widely separated. To see the difficulty we must place ourselves in the early part of the seventeenth century, and assume the state of mind belonging to Harvey's immediate prede- cessors. We who have passively imbibed from our infancy what was once a novelty and matter


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 of dispute, cannot without effort realise what Harvey had to rid his mind of before he could see as we do. He had to get rid of a mass of time-honoured hypotheses, mainly false but not wholly so, in which an admixture of truth made the error enduring-so enduring as to influence to the present day the belief of the laity and the language of all.

In Harvey's time, as at the time of Galen, spirits were active in the human economy. There were three-the natural, the vital, and the animal. We hear of spirits even now, but they are irregular practitioners, without any recognised place in our philosophy. Up to Harvey's time spiritual essences, not implying the supernatural, but only aerial or gaseous, played a part which we now attribute to the blood in its liquidity. We can discern a sort of forecast of oxygen obscured in the old phraseology. The vital spirits were brought to perfection in the left ventricle from materials, air in particular, obtained from the lungs. As the fountain and workshop of the vital spirits,' the heart was the origin of vital heat