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 provider fails, the next service provider up the transmission stream must act. See Castleman Decl. ¶¶ 32–43. Further evidence of Netcom’s right to restrict infringing activity is its prohibition of copyright infringement and its requirement that its subscribers indemnify it for any damage to third parties. See Kobrin May 5, 1995 Decl., Ex. G. Plaintiffs have thus raised a question of fact as to Netcom’s right to control Erlich’s use of its services.

Netcom argues that it could not possibly screen messages before they are posted given the speed and volume of the data that goes through its system. Netcom further argues that it has never exercised control over the content of its users’ postings. Plaintiffs’ expert opines otherwise, stating that with an easy software modification Netcom could identify postings that contain particular words or come from particular individuals. Castleman Decl. ¶¶ 39–43; see also Francis Depo. at 262–63; Hoffman Depo. at 173–74, 178. Plaintiffs further dispute Netcom’s claim that it could not limit Erlich’s access to Usenet without kicking off all 500 subscribers of Klemesrud’s BBS. As evidence that Netcom has in fact exercised its ability to police its users’ conduct, plaintiffs cite evidence that Netcom has acted to suspend subscribers’ accounts on over one thousand occasions. See Ex. J (listing suspensions of subscribers by Netcom for commercial advertising, posting obscene materials, and off-topic postings). Further evidence shows that Netcom can delete specific postings. See Tr. 9:16. Whether such sanctions occurred before or after the abusive conduct is not material to whether Netcom can exercise control. The court thus finds that plaintiffs have raised a genuine issue of fact as to whether Netcom has the right and ability to exercise control over the activities of its subscribers, and of Erlich in particular.

Plaintiffs must further prove that Netcom receives a direct financial benefit from the infringing activities of its users. For example, a landlord who has the right and ability to supervise the tenant’s activities is vicariously liable for the infringements of the tenant where the rental amount is proportional to the proceeds of the tenant’s sales. Shapiro, Bernstein, 316 F.2d at 306. However, where a defendant rents space or services on a fixed rental fee that does not depend on the nature of the activity of the lessee, courts usually find no vicarious liability because there is no direct financial benefit from the infringement. See, e.g., Roy Export Co. v. Trustees of Columbia University, 344 F.Supp. 1350, 1353 (S.D.N.Y.1972) (finding no vicarious liability of university because no financial benefit from allowing screening of bootlegged films); Fonovisa, 847 F.Supp. at 1496 (finding swap meet operators did not financially benefit from fixed fee); see also Kelly Tickle, Comment, The Vicarious Liability of Electronic Bulletin Board Operators for the Copyright Infringement Occurring on Their Bulletin Boards, 80 391, 415 (1995) (arguing that BBS operators “lease cyberspace” and should thus be treated like landlords, who are not liable for infringement that occurs on their premises).

Plaintiffs argue that courts will find a financial benefit despite fixed fees. In Polygram International Publishing, Inc. v. Nevada/TIG, Inc., 855 F.Supp. 1314, 1330–33 (D.Mass.1994), the court found a trade show organizer vicariously liable for the infringing performance of an exhibitor because, although the infringement did not affect the fixed rental fee received by the organizers, the organizers benefitted from the performances, which helped make the show a financial success. But see Artists Music, Inc. v. Reed Publishing, Inc., 31 U.S.P.Q.2d 1623, 1994 WL 191643, at *6 (S.D.N.Y.1994) (finding no vicarious liability for trade show organizers where revenues not increased because of infringing music performed by exhibitors). Plaintiffs cite two other cases where, despite fixed fees, defendants received financial benefits from allowing groups to perform infringing works over the radio without having to get an ASCAP license, which minimized the defendants’ expenses. See Boz Scaggs Music v. KND Corp., 491 F.Supp. 908, 913 (D.Conn.1980); Realsongs v. Gulf


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


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 Hatchet or saw in hand, the carpenter and his assistants made a beginning without delay, by cutting and trimming the spare yards and extra spars to a proper length. These were then lowered into the sea—which was propitiously calm so as to favor the operation (which otherwise would have been very difficult) of lashing them together into a firm framework, about forty feet long and twenty-five feet wide, upon which the platform was to be supported.

I kept my own place steadily at the pumps, and Andre Letourneur worked at my side. I often noticed his father glance at him sorrowfully, as though he wondered what would become of him if he had to struggle with waves to which even the strongest man could hardly fail to succumb. But come what may, his father will never forsake him, and I myself shall not be wanting in rendering him whatever assistance I can.

Mrs. Kear, who had been for some time in a state of drowsy unconsciousness, was not informed of the immediate danger; but when Miss Herbey, looking somewhat pale with fatigue, paid one of her flying visits to the deck, I warned her to take every precaution for herself, and to be ready for any emergency.

"Thank you, doctor, I am always ready," she cheerfully replied, and returned to her duties below. I saw Andre follow the young girl with his eyes, and a look of melancholy interest passed over his countenance.

Toward eight o'clock in the evening the framework for the raft was almost complete, and the men were lowering empty barrels, which had first been securely bunged, and were lashing them to the woodwork to insure its floating.

Two hours later and suddenly there arose the startling cry, "We are sinking! we are sinking!"

Up to the poop rushed Mr. Kear, followed immediately by Falsten and Miss Herbey, who were bearing the inanimate form of Mrs. Kear. Curtis ran to his cabin, instantly returning with a chart, a sextant, and a compass in his hand.

The scene that followed will ever be engraven in my memory; the cries of distress, the general confusion, the frantic rush of the sailors toward the raft that was not yet ready to support them, can never be forgotten. The whole period of my life seemed to be concentrated into that terrible


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 Xesús, in the island of Cebú, Fray Pedro de Agurto, of the order of St. Augustine; and for the bishopric of the city of Cáceres, Fray Luis Maldonado, of the order of St. Francis. By these presents I nominate them and offer them as candidates to his Holiness, in order that by this nomination which I make as patron of all the churches of the Indias—he may bestow upon them these churches and the aforesaid archbishopric and bishoprics; for from the favorable accounts that I have of the goodness, learning, virtue, and exemplary lives of the aforesaid religious, I trust that our Lord will be well served by these provisions and the churches well governed and administered. Moreover, in according me this, his Holiness will confer upon me a special favor and kindness, which you will therefore make known to him. You will also tell him that in the absence of tithes, I have endowed the archbishopric with an annuity of three thousand ducats, drawn from my royal exchequer, and each of the bishops with five hundred thousand maravedis annually. You will see to it that the bulls on the whole matter be sent out with the utmost promptitude in order to reach the first fleet that sails. From Madrid, on the seventeenth day of June, one thousand five hundred and ninety-five.


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Rh the ease born of long practice. He sprang up as Van Aldin entered.

"Hallo, Knighton!"

"Glad to see you back, sir. Had a good time?"

"So so!" said the millionaire unemotionally. "Paris is rather a one-horse city nowadays. Still—I got what I went over for."

He smiled to himself rather grimly.

"You usually do, I believe," said the secretary, laughing.

"That's so," agreed the other.

He spoke in a matter-of-fact manner, as one stating a well-known fact. Throwing off his heavy overcoat, he advanced to the desk.

"Anything urgent?"

"I don't think so, sir. Mostly the usual stuff. I have not quite finished sorting it out."

Van Aldin nodded briefly. He was a man who seldom expressed either blame or praise. His methods with those he employed were simple; he gave them a fair trial and dismissed promptly those who were inefficient. His selections of people were unconventional. Knighton, for instance, he had met casually at a Swiss resort two months previously. He had approved of the fellow, looked up his war record, and found in it the explanation of the limp with which he walked. Knighton had made no secret of the fact that he was looking for a job, and indeed diffidently asked the millionaire if he knew of any available post. Van Aldin remembered, with a grim smile of amusement, the young man's complete astonishment when he had been offered the post of secretary to the great man himself.


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 moment when the planks bent below my feet and the ocean yawned beneath me.

Some of the sailors had taken their delusive refuge in the shrouds, and I was preparing to follow them when a hand was laid upon my shoulder. Turning round I beheld M. Letourneur, with tears in his eyes, pointing toward his son. "Yes, my friend," I said, pressing his hand, "we will save him, if possible."

But Curtis had already caught hold of the young man, and was hurrying him to the main-mast shrouds, when the Chancellor, which had been scudding along rapidly with the wind, stopped suddenly, with a violent shock, and began to settle. The sea rose over my ankles, and almost instinctively I clutched at the nearest rope. All at once, when it seemed all over, the ship ceased to sink, and hung motionless in mid-ocean.

of December 4.—Curtis caught young Letourneur again in his arms, and, running with him across the flooded deck, deposited him safely in the starboard shrouds, whither his father and I climbed up beside him.

I now had time to look about me. The night was not very dark, and I could see that Curtis had returned to his post upon the poop; while in the extreme aft near the taff-rail, which was still above water, I could distinguish the forms of Mr. and Mrs. Kear, Miss Herbey, and Mr. Falsten. The lieutenant and the boatswain were on the far end of the forecastle; the remainder of the crew in the shrouds and top-masts.

By the assistance of his father, who carefully guided his feet up the rigging, Andre was hoisted into the main-top. Mrs. Kear could not be induced to join him in his elevated position, in spite of being told that if the wind were to freshen she would inevitably be washed overboard by the waves; nothing could induce her to listen to remonstrances, and she insisted upon remaining on the poop—Miss Herbey, of course, staying by her side.

As soon as the captain saw the Chancellor was no longer


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vi sales, and the regulations respecting their markets. Should it appear to you that any new art or manufacture might be introduced with advantage into any district, you are to point out in what manner you think it may be accomplished.

“VII. Commerce; the quantity of goods exported and imported in each district; the manner of conducting sales, especially at fairs and markets; the regulation of money, weights, and measures; the nature of the conveyance of goods by land and water, and the means by which this may be facilitated, especially, by making or repairing roads.

“In addition to the foregoing objects of inquiry, you will take every opportunity of forwarding to the Company’s Botanical Garden at this presidency, whatever useful or rare and curious plants and seeds you may be enabled to acquire in the progress of your researches, with such observations as may be necessary for their culture.”

In pursuance with these instructions, Dr. Buchanan was occupied, during the years 1807, 8, 9, 10, and 11 in a minute survey of the districts of Dinájpur, Rangpur, Púraniya, Bhagelpúr, Behár, and the city of Patna, Sháhabád, and Gorakhpur. Upon each of these districts he submitted a voluminous report, accompanied with statistical tables, maps, and drawings, and where an opportunity was afforded him of collecting it, with collateral information illustrative of the people, or of the geography and natural history, of the neighbouring countries; thus the report on Púraniya embraces an account of Nipal, and of the Sikkim country; the report on Bhagulpúr contains vocabularies of the languages spoken by the hill tribes of that district, compared with the Hindí; and that of Behar exhibits a similar vocabulary of the Dhangar and Bengalí dialects.

The original records, occupying twenty-five folio volumes in manuscript, were transmitted by the Indian Government to the Honorable Court of Directors; a copy of the whole having been previously made, and deposited in the office of the Chief Secretary at Calcutta. Duplicates of the drawings and maps, however, were unfortunately not preserved with the rest, probably from the difficulty at that time of getting them executed in India.

It is matter of surprise and regret, that these valuable documents were not given to the public when stamped with the interest of originality and immediate applicability to the actual circumstances of the districts, and when they would have proved of great utility to the public officers of Government. Although, however, no immediate steps were taken for their publication in an entire form, we learn from the preface to Hamilton’s Hindustan, that the Honorable Court allowed the author of


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  Corp., 824 F.Supp. 89, 92 (M.D.La.1993). Plaintiffs’ cases are factually distinguishable. Plaintiffs cannot provide any evidence of a direct financial benefit received by Netcom from Erlich’s infringing postings. Unlike Shapiro, Bernstein, and like Fonovisa, Netcom receives a fixed fee. There is no evidence that infringement by Erlich, or any other user of Netcom’s services, in any way enhances the value of Netcom’s services to subscribers or attracts new subscribers. Plaintiffs argue, however, that Netcom somehow derives a benefit from its purported “policy of refusing to take enforcement actions against its subscribers and others who transmit infringing messages over its computer networks.” Opp’n at 18. Plaintiffs point to Netcom’s advertisements that, compared to competitors like CompuServe and America Online, Netcom provides easy, regulation-free Internet access. Plaintiffs assert that Netcom’s policy attracts copyright infringers to its system, resulting in a direct financial benefit. The court is not convinced that such an argument, if true, would constitute a direct financial benefit to Netcom from Erlich’s infringing activities. See Fonovisa, 847 F.Supp. at 1496 (finding no direct financial benefit despite argument that lessees included many vendors selling counterfeit goods and that clientele sought “bargain basement prices”). Further, plaintiffs’ argument is not supported by probative evidence. The only “evidence” plaintiffs cite for their supposition is the declaration of their counsel, Elliot Abelson, who states that "[o]n April 7, 1995, in a conversation regarding Netcom’s position related to this case, Randolf Rice, attorney for Netcom, informed me that Netcom’s executives are happy about the publicity it is receiving in the press as a result of this case. Mr. Rice also told me that Netcom was concerned that it would lose business if it took action against Erlich or Klemesrud in connection with Erlich’s infringements."

Abelson Decl. ¶ 2. Netcom objects to this declaration as hearsay and as inadmissible evidence of statements made in compromise negotiations. Fed.R.Ev. 801, 408. Whether or not this declaration is admissible, it does not support plaintiffs’ argument that Netcom either has a policy of not enforcing violations of copyright laws by its subscribers or, assuming such a policy exists, that Netcom’s policy directly financially benefits Netcom, such as by attracting new subscribers. Because plaintiffs have failed to raise a question of fact on this vital element, their claim of vicarious liability fails. See Roy Export, 344 F.Supp. at 1353.

 * 4. First Amendment Argument

Netcom argues that plaintiffs’ theory of liability contravenes the first amendment, as it would chill the use of the Internet because every access provider or user would be subject to liability when a user posts an infringing work to a Usenet newsgroup. While the court agrees that an overbroad injunction might implicate the First Amendment, see In re Capital Cities/ABC, Inc., 918 F.2d 140, 144 (11th Cir.1990), imposing liability for infringement where it is otherwise appropriate does not necessarily raise a First Amendment issue. The copyright concepts of the idea/expression dichotomy and the fair use defense balance the important First Amendment rights with the constitutional authority for “promot[ing] the progress of science and useful arts,” art. I, § 8, cl. 8; 1 § 1.10[B], at 1-71 to -83. Netcom argues that liability here would force Usenet servers to perform the impossible—screening all the information that comes through their systems. However, the court is not convinced that Usenet servers are directly liable for causing a copy to be made, and absent evidence of knowledge and participation or control and direct profit, they will not be contributorily or vicariously liable. If Usenet servers were responsible for screening all messages coming through their systems, this could have a serious chilling effect on what some say may turn out to be the best public forum for free speech yet


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The Myrmedoniini comprise by far the greater part of the large subfamily Aleocharinæ, and present a rather discouraging problem to the systematist through sheer force of numbers. In the European fauna probably a large proportion of the existing species have been described, though in an inconveniently scattered literature, so that it is difficult to identify many of the forms, especially as the types are widely diffused and in some instances probably lost. In the most recent European catalogue the greater part of those described are announced as synonyms of a few more accentuated species, possibly to thereby cut the Gordian knot of uncertainty of identification as much as anything, for many of these so-called synonyms are not truly such by any means. I do not think that the names printed in that catalogue under Acrotona fungi, for example, are synonyms in many instances, for I have received under this name from various European authorities at least four unequivocally distinct though generically related species.

Some describers have not taken pains to study their material with the care exercised by such investigators as Thomson, Kraatz and Rey, whose genera are nearly all valid as such, and the absence of information concerning the intermesocoxal sternal pieces and other important structural characters, renders it impossible to identify, with very few exceptions, the species published by Mäklin, Mannerheim, Melsheimer, Say, Erichson and many of those of Bernhauer, more particularly when founded upon short comparative statements concerning certain European species, positively authentic examples of which it is almost impossible for American students to obtain. As a result, even when the species of those authors are described as pertaining to special genera or subgenera, there are frequent mistakes in the assignments, rendering their work to some extent misleading and untrustworthy. This comes about in great degree from the method of mounting pursued by most of the European collectors of the smaller Coleoptera, the entire under T. L. Casey, Mem. Col. I, Sept. 1910.


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 ::(b) the salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the Speaker and the Deputy Speaker of the House of the People;

 * (c) debt charges for which the Government of India is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the service and redemption of debt;

 * (d) (i) the salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court;
 * (ii) the pensions payable to or in respect of Judges of the Federal Court;
 * (iii) the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before the commencement of this Constitution exercised jurisdiction in relation to any area included in [a Governor's Province of the Dominion of India];

 * (e) the salary, allowances and pension payable to or in respect of the Comptroller and AuditorGeneral of India;
 * (f) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal;
 * (g) any other expenditure declared by this Constitution or by Parliament by law to be so charged.

113. Procedure in Parliament with respect to estimates.—(1) So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India shall not be submitted to the vote of Parliament, but nothing in this clause shall be construed as preventing the discussion in either House of Parliament of any of those estimates.

 * (2) So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of the People, and the House of the People shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.

 * (3) No demand for a grant shall be made except on the recommendation of the President.

114. Appropriation Bills.—(1) As soon as may be after the grants under article 113 have been made by the House of the People, there shall be introduced a Bill to provide for the appropriation out of the Consolidated Fund of India of all moneys required to meet—
 * (a) the grants so made by the House of the People; and
 * (b) the expenditure charged on the Consolidated Fund of India but not exceeding in any case the amount shown in the statement previously laid before Parliament.

 * (2) No amendment shall be proposed to any such Bill in either House of Parliament which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the Consolidated Fund of India, and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final.

 * (3) Subject to the provisions of articles 115 and 116, no money shall be withdrawn from the Consolidated Fund of India except under appropriation made by law passed in accordance with the provisions of this article.

115. Supplementary, additional or excess grants.—(1) The President shall—
 * (a) if the amount authorised by any law made in accordance with the provisions of article 114 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the current financial year for supplementary or


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Rh that useful compilation the freest access to the manuscripts of Doctor, and it must be confessed that much of the information they contain has been condensed into the body of that work, throughout the pages of which continual references will be seen to the Buchanan manuscripts.

The readers of the Journal of the Asiatic Society are aware of the manner in which the arrangement for their publication in the present form originated. Captain, Editor of the , being anxious to secure to his subscribers a privilege which should render the support of his journal less burdensome to the few and scattered cultivators of scientific knowledge in India, negociated with the Government for permission to circulate the work free of postage on condition of devoting monthly a certain number of pages (stipulated at not less than eight) to the publication “of valuable official documents, having reference to public utility.” The privilege was accorded by the Government; and the first volume of the reports, being the statistic account of Dinájpur, was placed in his hands, by Mr. , Chief Secretary to Government, who had been warmly interested in the promotion of the scheme. The Editor of the, in fulfilling the conditions of his agreement, wisely determined to print the documents in a separate form, rather than incorporate detached portions of them as separate articles in the body of his journal. “On a full consideration of the subject,” he says, in his notice to Subscribers, dated April, 1832, “we deemed the latter course the preferable one; particularly, considering the very full information contained in these journals, and that it related to the least known districts, as well as the great pains taken in the arrangement of all the particulars. It was thought that to break down and throw into detached pieces a work which the author had taken so much trouble to systematize, would be to lose one of the principal features of excellence which distinguish these records.”

It has necessarily occupied many months to complete the present volume, under such circumstances; but the delay will not have caused much inconvenience, if the subscribers to the and the  have attended to the injunction, frequently repeated, that the scattered sheets should be reserved with care to be put together in the form of a separate volume.

It will be remarked, that many plates are referred to in the text: the drawings alluded to, as has already been stated, are in possession of the Honorable Court of Directors. It was thought better to preserve the references as they stood in the manuscript, in case the Honorable Court


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 additional expenditure upon some new service not contemplated in the annual financial statement for that year, or
 * (b) if any money has been spent on any service during a financial year in excess of the amount granted for that service and for that year,

cause to be laid before both the Houses of Parliament another statement showing the estimated amount of that expenditure or cause to be presented to the House of the People a demand for such excess, as the case may be.

 * (2) The provisions of articles 112, 113 and 114 shall have effect in relation to any such statement and expenditure or demand and also to any law to be made authorising the appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or the grant in respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand

for a grant and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure or grant.

116. Votes on account, votes of credit and exceptional grants.—(1) Notwithstanding anything in the foregoing provisions of this Chapter, the House of the People shall have power—
 * (a) to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 113 for the voting of such grant and the passing of the law in accordance with the provisions of article 114 in relation to that expenditure;
 * (b) to make a grant for meeting an unexpected demand upon the resources of India when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement;
 * (c) to make an exceptional grant which forms no part of the current service of any financial year;
 * and Parliament shall have power to authorise by law the withdrawal of moneys from the Consolidated Fund of India for the purposes for which the said grants are made.

 * (2) The provisions of articles 113 and 114 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a

grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorisation of appropriation of moneys out of the Consolidated Fund of India to meet such expenditure.

117. Special provisions as to financial Bills.—(1) A Bill or amendment making provision for any of the matters specified in sub-clauses (a) to (f) of clause (1) of article 110 shall not be introduced or moved except on the recommendation of the President and a Bill making such provision shall not be introduced in the Council of States:

 * Provided that no recommendation shall be required under this clause for the moving of an amendment making provision for the reduction or abolition of any tax.

 * (2) A Bill or amendment shall not be deemed to make provision for any of the matters aforesaid by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes.

 * (3) A Bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the Bill.

118. Rules of procedure.—(1) Each House of Parliament may make rules for regulating, subject to the


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 provisions of this Constitution, its procedure *** and the conduct of its business.

 * (2) Until rules are made under clause (1), the rules of procedure and standing orders in force immediately before the commencement of this Constitution with respect to the Legislature of the Dominion of India shall have effect in relation to Parliament subject to such modifications and adaptations as may be made therein by the Chairman of the Council of States or the Speaker of the House of the People, as the case may be.

 * (3) The President, after consultation with the Chairman of the Council of States and the Speaker of the House of the People, may make rules as to the procedure with respect to joint sittings of, and communications between, the two Houses.

 * (4) At a joint sitting of the two Houses the Speaker of the House of the People, or in his absence such person as may be determined by rules of procedure made under clause (3), shall preside.

119. Regulation by law of procedure in Parliament in relation to financial business.—Parliament may, for the purpose of the timely completion of financial business, regulate by law the procedure of, and the conduct of business in, each House of Parliament in relation to any financial matter or to any Bill for the appropriation of moneys out of the Consolidated Fund of India, and, if and so far as any provision of any law so made is inconsistent with any rule made by a House of Parliament under clause (1) of article 118 or with any rule or standing order having effect in relation to Parliament under clause (2) of that article, such provision shall prevail.

120. Language to be used in Parliament.—(1) Notwithstanding anything in Part XVII, but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:

 * Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.

 * (2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted therefrom.

121. Restriction on discussion in Parliament.—No discussion shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge as hereinafter provided.

122. Courts not to inquire into proceedings of Parliament.—(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.

 * (2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to

the jurisdiction of any court in respect of the exercise by him of those powers.

123. Power of President to promulgate Ordinances during recess of Parliament.—(1) If at any time, except when both Houses of Parliament are in session, the President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

 * (2) An Ordinance promulgated under this article shall have the same force and effect as an Act of Parliament, but every such Ordinance—


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 ::(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and
 * (b) may be withdrawn at any time by the President.

Explanation.—Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this clause.

 * (3) If and so far as an Ordinance under this article makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

 * (4)*****

124. Establishment and constitution of Supreme Court.—(1) There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, of not more than seven other Judges.

 * (2) Every Judge of the Supreme Court shall be appointed by the President by warrant under his hand and seal [on the recommendation of the National Judicial Appointments Commission referred to in article 124A] and shall hold office until he attains the age of sixty-five years:

[*****]

[Provided that]—
 * (a) a Judge may, by writing under his hand addressed to the President, resign his office;
 * (b) a Judge may be removed from his office in the manner provided in clause (4).

 * (2A) The age of a Judge of the Supreme Court shall be determined by such authority and in such manner as Parliament may by law provide.

 * (3) A person shall not be qualified for appointment as a Judge of the Supreme Court unless he is a citizen of India and—
 * (a) has been for at least five years a Judge of a High Court or of two or more such Courts in succession; or
 * (b) has been for at least ten years an advocate of a High Court or of two or more such Courts in succession; or
 * (c) is, in the opinion of the President, a distinguished jurist.

 * Explanation I.—In this clause “High Court” means a High Court which exercises, or which at any time before the commencement of this Constitution exercised, jurisdiction in any part of the territory of India.


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 :Explanation II.—In computing for the purpose of this clause the period during which a person has been an advocate, any period during which a person has held judicial office not inferior to that of a district judge after he became an advocate shall be included.

 * (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.

 * (5) Parliament may by law regulate the procedure for the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of a Judge under clause (4).

 * (6) Every person appointed to be a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

 * (7) No person who has held office as a Judge of the Supreme Court shall plead or act in any court or before any authority within the territory of India.

['''124A. National Judicial Appointments Commission.'''—(1) There shall be a Commission to be known as the National Judicial Appointments Commission consisting of the following, namely:—
 * (a) the Chief Justice of India, Chairperson, ex officio;
 * (b) two other senior Judges of the Supreme Court next to the Chief Justice of India––Members, ex officio;
 * (c) the Union Minister in charge of Law and Justice––Member, ex officio;
 * (d) two eminent persons to be nominated by the committee consisting of the Prime Minister, the Chief Justice of India and the Leader of Opposition in the House of the People or where there is no such Leader of Opposition, then, the Leader of single largest Opposition Party in the house of the People—Members:
 * Provided that one of the eminent person shall be nominated from amongst the persons belonging to the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Minorities or Women:
 * Provided further that an eminent person shall be nominated for a period of three years and shall not be eligible for renomination.

 * (2) No act or proceedings of the National Judicial Appointments Commission shall be questioned or be invalidated merely on the ground of the existence of any vacancy or defect in the constitution of the Commission.

'''124B. Functions of Commission.'''—It shall be the duty of the National Judicial Appointments Commission to—
 * (a) recommend persons for appointment as Chief Justice of India, Judges of the Supreme Court, Chief Justices of High Courts and other Judges of High Courts;
 * (b) recommend transfer of Chief Justices and other Judges of High Courts from one High Court to any other High Court; and


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 devised. See Jerry Berman & Daniel J. Weitzner, Abundance and User Control: Renewing the Democratic Heart of the First Amendment in the Age of Interactive Media, 104 1619, 1624 (1995) (praising decentralized networks for opening access to all with no entity stifling independent sources of speech); Rose, supra, at 4. Netcom additionally argues that plaintiffs’ theory of liability would have a chilling effect on users, who would be liable for merely browsing infringing works. Browsing technically causes an infringing copy of the digital information to be made in the screen memory. MAI holds that such a copy is fixed even when information is temporarily placed in RAM, such as the screen RAM. The temporary copying involved in browsing is only necessary because humans cannot otherwise perceive digital information. It is the functional equivalent of reading, which does not implicate the copyright laws and may be done by anyone in a library without the permission of the copyright owner. However, it can be argued that the effects of digital browsing are different because millions can browse a single copy of a work in cyberspace, while only one can read a library’s copy at a time.

Absent a commercial or profit-depriving use, digital browsing is probably a fair use; there could hardly be a market for licensing the temporary copying of digital works onto computer screens to allow browsing. Unless such a use is commercial, such as where someone reads a copyrighted work online and therefore decides not to purchase a copy from the copyright owner, fair use is likely. Until reading a work online becomes as easy and convenient as reading a paperback, copyright owners do not have much to fear from digital browsing and there will not likely be much market effect.

Additionally, unless a user has reason to know, such as from the title of a message, that the message contains copyrighted materials, the browser will be protected by the innocent infringer doctrine, which allows the court to award no damages in appropriate circumstances. In any event, users should hardly worry about a finding of direct infringement; it seems highly unlikely from a practical matter that a copyright owner could prove such infringement or would want to sue such an individual. Finally, Netcom admits that its First Amendment argument is merely a consideration in the fair use argument, which the court will now address. See Reply at 24.

 * 5. Fair Use Defense

Assuming plaintiffs can prove a violation of one of the exclusive rights guaranteed in section 106, there is no infringement if the defendant’s use is fair under section 108. The proper focus here is on whether Netcom’s actions qualify as fair use, not on whether Erlich himself engaged in fair use; the court has already found that Erlich was not likely entitled to his own fair use defense, as his postings contained large portions of plaintiffs’ published and unpublished works quoted verbatim with little added commentary.

Although the author has the exclusive rights to reproduce, publicly distribute, and publicly display a copyrighted work under section 106, these rights are limited by the defense of “fair use.” 17 U.S.C. § 107. The defense “permits and requires courts to avoid rigid application of the copyright statute when, on occasion, it would stifle the very creativity which that law is designed to foster.” Campbell v. Acuff-Rose Music, Inc., –— U.S. —, —, 114 S.Ct. 1164, 1170, 127 L.Ed.2d 500 (1994) (citation omitted). Congress has set out four nonexclusive factors to be considered in determining the availability of the fair use defense: "(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work."

17 U.S.C. § 107. The fair use doctrine calls for a case-by-case analysis. Campbell, – U.S. at —, 114 S.Ct. at 1170. All of the factors “are to be explored, and the results weighed together, in light of the purposes of copyright.” Id. at — – —, 114 S.Ct. at 1170–71.

The first statutory factor looks to the purpose and character of the defendant’s use. Netcom’s use of plaintiffs’ works is to carry out its commercial function as an Internet access provider. Such a use, regardless of


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 ::(c) ensure that the person recommended is of ability and integrity.

'''124C. Power of Parliament to make law.'''—Parliament may, by law, regulate the procedure for the appointment of Chief Justice of India and other Judges of the Supreme Court and Chief Justices and other Judges of High Courts and empower the Commission to lay down by regulations the procedure for the discharge of its functions, the manner of selection of persons for appointment and such other matters as may be considered necessary by it.]

125. Salaries, etc., of Judges.— [(1) There shall be paid to the Judges of the Supreme Court such salaries as may be determined by Parliament by law and, until provision in that behalf is so made, such salaries as are specified in the Second Schedule.]

 * (2) Every Judge shall be entitled to such privileges and allowances and to such rights in respect of leave of absence and pension as may from time to time be determined by or under law made by Parliament and, until so determined, to such privileges, allowances and rights as are specified in the Second Schedule:
 * Provided that neither the privileges nor the allowances of a Judge nor his rights in respect of leave of absence or pension shall be varied to his disadvantage after his appointment.

126. Appointment of acting Chief Justice.—When the office of Chief Justice of India is vacant or when the Chief Justice is, by reason of absence or otherwise, unable to perform the duties of his office, the duties of the office shall be performed by such one of the other Judges of the Court as the President may appoint for the purpose.

127. Appointment of ad hoc Judges.—(1) If at any time there should not be a quorum of the Judges of the Supreme Court available to hold or continue any session of the Court, [the National Judicial Appointments Commission on a reference made to it by the Chief Justice of India, may with the previous consent of the President] and after consultation with the Chief Justice of the High Court concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of the Supreme Court to be designated by the Chief Justice of India.

 * (2) It shall be the duty of the Judge who has been so designated, in priority to other duties of his office, to attend the sittings of the Supreme Court at the time and for the period for which his attendance is required, and while so attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a Judge of the Supreme Court.

128. Attendance of retired Judges at sittings of the Supreme Court.—Notwithstanding anything in this Chapter, [the National Judicial Appointments Commission] may at any time, with the previous consent of the President, request any person who has held the office of a Judge of the Supreme Court or of the Federal Court [or who has held the office of a Judge of a High Court and is duly qualified for appointment as a Judge of the Supreme Court] to sit and act as a Judge of the Supreme Court, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that Court:


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 sinking, he set to work to take down all the sails—yards and all—and the top-gallants, in the hope that by removing everything that could compromise the equilibrium of the ship he might diminish the chance of her capsizing altogether.

"But may she not founder at any moment?" I said to Curtis, when I had joined him for a while upon the poop. "Everything depends upon the weather," he replied, in his calmest manner; "that, of course, may change at any hour. One thing, however, is certain, the Chancellor preserves her equilibrium for the present."

"But do you mean to say," I further asked, "that she can sail with two feet of water over her deck?"

"No, Mr. Kazallon, she can't sail, but she can drift with the wind; and if the wind remains in its present quarter, in the course of a few days we might possibly sight the coast. Besides, we shall have our raft as a last resource; in a few hours it will be ready, and at daybreak we can embark."

"You have not, then," I added, "abandoned all hope even yet?" I marveled at his composure.

"While there's life there's hope, you know, Mr. Kazallon; out of a hundred chances, ninety-nine may be against us, but perhaps the odd one may be in our favor. Besides, I believe that our case is not without precedent. In the year 1795, a three-master, the Juno, was precisely in the same half-sunk, water-logged condition as ourselves; and yet, with her passengers and crew clinging to her top-masts, she drifted for twenty days, until she came in sight of land, when those who had survived the deprivation and fatigue were saved. So let us not despair; let us hold on to the hope that the survivors of the Chancellor may be equally fortunate."

I was only too conscious that there was not much to be said in support of Curtis's sanguine view of things, and that the force of reason pointed all the other way; but I said nothing, deriving what comfort I could from the fact that the captain did not yet despond of an ultimate rescue.

As it was necessary to be prepared to abandon the ship almost at a moment's notice, Dowlas was making every exertion to hurry on the construction of the raft. A little before midnight he was on the point of conveying some planks for this purpose, when, to his astonishment and


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 horror, he found that the framework had totally disappeared. The ropes that had attached it to the vessel had snapped as she became vertically displaced, and probably it had been adrift for more than an hour.

The crew were frantic at this new misfortune, and shouting "Overboard with the masts!" they began to cut down the rigging preparatory to taking possession of the masts for a new raft.

But here Curtis interposed:

"Back to your places, my men; back to your places. The ship will not sink yet, so don't touch a rope until I give you leave."

The firmness of the captain's voice brought the men to their senses, and although some of them could ill disguise their reluctance, all returned to their posts.

When daylight had sufficiently advanced Curtis mounted the mast, and looked around for the missing raft; but it was nowhere to be seen. The sea was far too rough for the men to venture to take out the whale-boat in search of it, and there was no choice but to set to work and to construct a new raft immediately.

Since the sea has become so much rougher, Mrs. Kear has been induced to leave the poop, and has managed to join M. Letourneur and his son on the main-top, where she lies in a state of complete prostration. I need hardly add that Miss Herbey continues in her unwearied attendance. The space to which these four people are limited is necessarily very small, nowhere measuring twelve feet across: to prevent them losing their balance some spars have been lashed from shroud to shroud, and for the convenience of the two ladies Curtis has contrived to make a temporary awning of a sail. Mr. Kear has installed himself with Silas Huntly on the foretop.

A few cases of preserved meat and biscuit and some barrels of water, that floated between the masts after the submersion of the deck, have been hoisted to the top-mast and fastened firmly to the stays. These are now our only provisions.


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 :Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that Court unless he consents so to do.

129. Supreme Court to be a court of record.—The Supreme Court shall be a court of record and shall have all the powers of such a court including the power to punish for contempt of itself.

130. Seat of Supreme Court.—The Supreme Court shall sit in Delhi or in such other place or places, as the Chief Justice of India may, with the approval of the President, from time to time, appoint.

131. Original jurisdiction of the Supreme Court.—Subject to the provisions of this Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute—
 * (a) between the Government of India and one or more States; or
 * (b) between the Government of India and any State or States on one side and one or more other States on the other; or
 * (c) between two or more States,

if and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends:

 * [Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty, agreement, covenant, engagement, sanad or other similar instrument which, having been entered into or executed before the commencement of this Constitution, continues in operation after such commencement, or which provides that the said jurisdiction shall not extend to such a dispute.]

[131A. Exclusive jurisdiction of the Supreme Court in regard to questions as to constitutional validity of Central laws.].–Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 4 (w.e.f. 13-4-1978).

132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases.—(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the territory of India, whether in a civil, criminal or other proceeding, [if the High Court certifies under article 134A] that the case involves a substantial question of law as to the interpretation of this Constitution.

 * (3) Where such a certificate is given, *** any party in the case may appeal to the Supreme Court on the ground that any such question as aforesaid has been wrongly decided ***.

 * Explanation.—For the purposes of this article, the expression “final order” includes an order deciding an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the case.

133. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters.— [(1) An appeal shall lie to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court in the territory of India [if the High Court certifies under article 134A—]
 * (a) that the case involves a substantial question of law of general importance; and


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5.—The day was very hot. December in latitude 16° N. is a summer month, and unless a breeze should rise to temper the burning sun, we might expect to suffer from an oppressive heat.

The sea still remained very rough, and as the heavy waves broke over the ship as though she were a reef, the foam flew tip to the very top-masts, and our clothes were perpetually drenched by the spray.

The Chancellor's hull is three-fourths immerged; besides the three masts and the bowsprit, to which the whale-boat was suspended, the poop and the forecastle are the only portions that now are visible; and as the intervening section of the deck is quite below the water, these appear to be connected only by the framework of the netting that runs along the vessel's sides. Communication between the top-masts is extremely difficult, and would be absolutely precluded, were it not that the sailors, with practiced dexterity, manage to hoist themselves about by means of the stays. For the passengers, cowering on their narrow and unstable platform, the spectacle of the raging sea below was truly terrific; every wave that dashed over the ship shook the masts till they trembled again, and one could venture scarcely to look or to think lest he should be tempted to cast himself into the vast abyss.

Meanwhile, the crew worked away with all their remaining vigor at the second raft, for which the top-gallants and yards were all obliged to be employed; the planks, too, which were continually being loosened and broken away by the violence of the waves from the partitions of the ship, were rescued before they had drifted out of reach, and were brought into use. The symptoms of the ship foundering did not appear to be immediate; so that Curtis insisted upon the raft being made with proper care to insure its strength; we were still several hundred miles from the coast of Guiana, and for so long a voyage it was indispensable to have a structure of considerable solidity. The reasonableness of this was self-apparent, and as the crew had recovered their assurance they spared no pains to accomplish their work effectually.

Of all the number, there was but one, an Irishman, named


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 ::(b) that in the opinion of the High Court the said question needs to be decided by the Supreme Court.]

 * (2) Notwithstanding anything in article 132, any party appealing to the Supreme Court under clause (1) may urge as one of the grounds in such appeal that a substantial question of law as to the interpretation of this Constitution has been wrongly decided.

 * (3) Notwithstanding anything in this article, no appeal shall, unless Parliament by law otherwise provides, lie to the Supreme Court from the judgment, decree or final order of one Judge of a High Court.

134. Appellate jurisdiction of Supreme Court in regard to criminal matters.—(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court—
 * (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
 * (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
 * (c) [certifies under article 134A] that the case is a fit one for appeal to the Supreme Court:
 * Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.

 * (2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.

['''134A. Certificate for appeal to the Supreme Court.'''—Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,—
 * (a) may, if it deems fit so to do, on its own motion; and
 * (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.]

135. Jurisdiction and powers of the Federal Court under existing law to be exercisable by the Supreme Court.—Until Parliament by law otherwise provides, the Supreme Court shall also have jurisdiction and powers with respect to any matter to which the provisions of article 133 or article 134 do not apply if jurisdiction and powers in relation to that matter were exercisable by the Federal Court immediately before the commencement of this Constitution under any existing law.

136. Special leave to appeal by the Supreme Court.—(1) Notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.

 * (2) Nothing in clause (1) shall apply to any judgment, determination, sentence or order passed or made by any court or tribunal constituted by or under any law relating to the Armed Forces.

137. Review of judgments or orders by the Supreme Court.—Subject to the provisions of any law made by Parliament or any rules made under article 145, the Supreme Court shall have power to review any judgment pronounced or order made by it.


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 O'Ready, who seemed to question the utility of all their toil. He shook his head with an oracular gravity. He is an oldish man, not less than sixty, with his hair and beard bleached with the storms of many travels. As I was making my way toward the poop, he came up to me and began talking.

"And why, bedad, I'd like to know, why is it that they'll all be afther lavin' the ship?"

He turned his quid with the most serene composure, and continued:

"And isn't it me myself that's been wrecked nine times already? and sure, poor fools are they that ever have put their trust in rafts or boats; sure and they found a wathery grave. Nay, nay; while the ould ship lasts, let's stick to her, says I."

Having thus unburdened his mind he relapsed into silence, and soon went away.

About three o'clock I noticed that Mr. Kear and Silas Huntly were holding an animated conversation in the foretop. The petroleum merchant had evidently some difficulty in bringing the ex-captain round to his opinion, for I saw him several times shake his head as he gave long and scrutinizing looks at the sea and sky. In less than an hour afterward I saw Huntly let himself down by the forestays and clamber along to the fore-castle, where he joined the group of sailors, and I lost sight of him.

I attached little importance to the incident, and shortly afterward joined the party in the main-top, where we continued talking for some hours. The heat was intense, and if it had not been for the shelter afforded by the sail-tent, would have been unbearable. At five o'clock we took as refreshment some dried meat and biscuit, each individual being also allowed half a glass of water. Mrs. Kear, prostrate with fever, could not touch a mouthful; and nothing could be done by Miss Herbey to relieve her, beyond occasionally moistening her parched lips. The unfortunate lady suffers greatly, and sometimes I am inclined to think that she will succumb to the exposure and privation. Not once had her husband troubled himself about her; but when shortly afterward I heard him hail some of the sailors on the fore-castle and ask them to help him down from the foretop, I began to think that the selfish fellow was coming to join his wife.

At first the sailors took no notice of his request, but on


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138. Enlargement of the jurisdiction of the Supreme Court.—(1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer.

(2) The Supreme Court shall have such further jurisdiction and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court.

139. Conferment on the Supreme Court of powers to issue certain writs.—Parliament may by law confer on the Supreme Court power to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for any purposes other than those mentioned in clause (2) of article 32.

['''139A. Transfer of certain cases.'''— [(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or on an application made by the Attorney-General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself:

Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment.]

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court.]

140. Ancillary powers of Supreme Court.—Parliament may by law make provision for conferring upon the Supreme Court such supplemental powers not inconsistent with any of the provisions of this Constitution as may appear to be necessary or desirable for the purpose of enabling the Court more effectively to exercise the jurisdiction conferred upon it by or under this Constitution.

141. Law declared by Supreme Court to be binding on all courts.—The law declared by the Supreme Court shall be binding on all courts within the territory of India.

142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.—(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.

143. Power of President to consult Supreme Court.—(1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon.


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 Rh difference. Popley said that for him three hours’ sleep, the right kind of sleep, was far more refreshing than ten. Kernin said that a lawyer learns to snatch his sleep when he can, and Jones said that in railroad work a man pretty well cuts out sleep.

So we had no alarms whatever about not being ready by five. Our plan was simplicity itself. Men like ourselves in responsible positions learn to organize things easily. In fact Popley says it is that faculty that has put us where we are. So the plan simply was that Frank Rolls should come along at five o’clock and blow his whistle in front of our places, and at that signal each man would come down to his wharf with his rod and kit and so we’d be off to the shoal without a moment’s delay.

The weather we ruled out. It was decided that even if it rained that made no difference. Kernin said that fish bite better in the rain. And everybody agreed that a man with a couple of snorts in him need have no fear of a little rain water.

So we parted, all keen on the enterprise. Nor do I think even now that there was anything faulty or imperfect in that party as we planned it.

I heard Frank Rolls blowing his infernal whistle opposite my summer cottage at some ghastly hour in the morning. Even without

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 his repeating it with the promise of paying them handsomely for their services, two of them, Burke and Sandon, swung themselves along the netting into the shrouds, and were soon at his side.

A long discussion ensued. The men evidently were asking more than Mr. Kear was inclined to give, and at one time it seemed as though the negotiation would fall through altogether. But at length the bargain was struck, and I saw Mr. Kear take a bundle of paper dollars from his waistcoat pocket, and hand a number of them over to one of the men. The man counted them carefully, and from the time it took him, I should think that he could not have pocketed anything less than a hundred dollars.

The next business was to get Mr. Kear down from the foretop, and Burke and Sandon proceeded to tie a rope round his waist, which they afterward fastened to the forestay; then, in a way which provoked shouts of laughter from their mates, they gave the unfortunate man a shove, and sent him rolling down like a bundle of dirty clothes on to the forecastle.

I was quite mistaken as to his object. Mr. Kear had no intention of looking after his wife, but remained by the side of Silas Huntly until the gathering darkness hid them both from view.

As night drew on, the wind grew calmer, but the sea remained very rough. The moon had been up ever since four in the afternoon, though she only appeared at rare intervals between the clouds. Some long lines of vapor on the horizon were tinged with a rosy glare that foreboded a strong breeze for the morrow, and all felt anxious to know from which quarter the breeze would come, for any but a north-easter would bear the frail raft on which we were to embark far away from land.

About eight o'clock in the evening, Curtis mounted to the main-top, but he seemed preoccupied and anxious, and did not speak to anyone. He remained for a quarter of an hour, then after silently pressing my hand, he returned to his old post.

I laid myself down in the narrow space at my disposal, and tried to sleep; but my mind was filled with strange forebodings, and sleep was impossible. The very calmness of the atmosphere was oppressive; scarcely a breath of air


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2 surface being glued to cards, so that the most important characters are not observable, except through a good deal of mechanical labor and risk of injury or destruction of the types. Most remarkable systematic characters have in this way remained unappreciated, if not virtually unknown to them in various sections of the Coleoptera, especially in such genera as Cardiola and in Anthicus and related genera. The three investigators above mentioned are among the notable exceptions to this rule however.

During the past twenty-five years the writer has been steadily accumulating as much material as possible in the Aleocharinæ, with a view to ultimately describing and classifying the species, but pressure of other matters has thus far left too little time for any serious attempt in that direction. It is considered desirable, however, to describe this material now, so far as may be convenient and in a less systematic way, in order that the types may remain in this country for the benefit of coming students of our Staphylinidæ. The species were all described as new, and, in vast majority, are actually in this category without question; but in all cases where it has been possible to identify them with species previously described, I have simply substituted the name given by the previous author and allowed the description to remain. Although the species here described in the group Athetæ may seem perhaps to be inordinate in number, it can be said with great confidence that they represent only a fraction of the seemingly unending horde occurring in North America, where the Staphylinid fauna is far richer than in Europe; so the likelihood of having made any considerable number of synonyms of species previously described is, from every point of view, minute or negligible.

The Athetæ constitute one of the largest and most intricate groups of the entire Coleoptera, and give rise to much diversity of opinion regarding scope and validity of genera. In my own opinion an intermediate course between the prevailing assumption of the present day, that such conspicuously different types as Atheta, Datomicra and Amischa, not to mention a score of more in addition, are not truly generic on the one hand, and the naming of so-called


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Page:Constitution of India (9 Sep 2020).pdf/64

 :(2) The President may, notwithstanding anything in *** the proviso to article 131, refer a dispute of the kind mentioned in the [said proviso] to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.

144. Civil and judicial authorities to act in aid of the Supreme Court.—All authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.

[144A. Special provisions as to disposal of questions relating to constitutional validity of laws.] — Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 5 (w.e.f. 13-4-1978).

145. Rules of Court, etc.—(1) Subject to the provisions of any law made by Parliament, the Supreme Court may from time to time, with the approval of the President, make rules for regulating generally the practice and procedure of the Court including—
 * (a) rules as to the persons practising before the Court;
 * (b) rules as to the procedure for hearing appeals and other matters pertaining to appeals including the time within which appeals to the Court are to be entered;
 * (c) rules as to the proceedings in the Court for the enforcement of any of the rights conferred by Part III;
 * [(cc) rules as to the proceedings in the Court under [article 139A];]
 * (d) rules as to the entertainment of appeals under sub-clause (c) of clause (1) of article 134;
 * (e) rules as to the conditions subject to which any judgment pronounced or order made by the Court may be reviewed and the procedure for such review including the time within which applications to the Court for such review are to be entered;
 * (f) rules as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein;
 * (g) rules as to the granting of bail;
 * (h) rules as to stay of proceedings;
 * (i) rules providing for the summary determination of any appeal which appears to the Court to be frivolous or vexatious or brought for the purpose of delay;
 * (j) rules as to the procedure for inquiries referred to in clause (1) of article 317.

 * (2) Subject to the [provisions of *** clause (3)], rules made under this article may fix the minimum

number of Judges who are to sit for any purpose, and may provide for the powers of single Judges and Division Courts.

(3) [ ***The minimum number] of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under article 143 shall be five:
 * Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is


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Page:Works of Jules Verne - Parke - Vol 8.djvu/89

 vibrated through the metal rigging, and yet the sea rose with a heavy swell as though it felt the warnings of a coming tempest.

All at once, at about eleven o'clock, the moon burst brightly forth through a rift in the clouds, and the waves sparkled again as if illuminated by a submarine glimmer. I start up and look around me. Is it merely imagination? or do I really see a black speck floating on the dazzling whiteness of the waters, a speck that cannot be a rock, because it rises and falls with the heaving motion of the billows? But the moon once again becomes overclouded; the sea is darkened, and I return to my uneasy couch close to the larboard shrouds.

6.—I must have fallen asleep for a few hours, when, at four o'clock in the morning, I was rudely aroused by the roaring of the wind, and could distinguish Curtis's voice as he shouted in the brief intervals between the heavy gusts.

I got up, and holding tightly to the purlin—for the waves made the masts tremble with their violence—I tried to look around and below me. The sea was literally raging beneath, and great masses of livid-looking foam were dashing between the masts, which were oscillating terrifically. It was still dark, and I could only faintly distinguish two figures in the stern, whom, by the sound of their voices, that I caught occasionally above the tumult, I made out to be Curtis and the boatswain.

Just at that moment a sailor, who had mounted to the main-top to do something to the rigging, passed close behind me.

"What's the matter? " I asked.

"The wind has changed," he answered, adding something which I could not hear distinctly, but which sounded like "dead against us."

Dead against us! then, thought I, the wind had shifted to the southwest, and my last night's forebodings had been correct.


text: Frenzied Fiction/The Old, Old Story of How Five Men went Fishing


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Page:Constitution of India (9 Sep 2020).pdf/65

 satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion.

 * (4) No judgment shall be delivered by the Supreme Court save in open Court, and no report shall be made under article 143 save in accordance with an opinion also delivered in open Court.

 * (5) No judgment and no such opinion shall be delivered by the Supreme Court save with the concurrence of a majority of the Judges present at the hearing of the case, but nothing in this clause shall be deemed to prevent a Judge who does not concur from delivering a dissenting judgment or opinion.

146. Officers and servants and the expenses of the Supreme Court.—(1) Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct:

 * Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.

 * (2) Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose:

 * Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.

 * (3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund of India, and any fees or other moneys taken by the Court shall form part of that Fund.

147. Interpretation.—In this Chapter and in Chapter V of Part VI, references to any substantial question of law as to the interpretation of this Constitution shall be construed as including references to any substantial question of law as to the interpretation of the Government of India Act, 1935 (including any enactment amending or supplementing that Act), or of any Order in Council or order made thereunder, or of the Indian Independence Act, 1947, or of any order made thereunder.

148. Comptroller and Auditor-General of India.—(1) There shall be a Comptroller and AuditorGeneral of India who shall be appointed by the President by warrant under his hand and seal and shall only be removed from office in like manner and on the like grounds as a Judge of the Supreme Court.

 * (2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office, make and subscribe before the President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule.

 * (3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:

 * Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence, pension or age of retirement shall be varied to his disadvantage after his appointment.

 * (4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India or under the Government of any State after he has ceased to hold his office.

 * (5) Subject to the provisions of this Constitution and of any law made by Parliament, the conditions of


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Page:Religious Technology Center v. Netcom On-Line Communication Services.pdf/19

 the underlying uses made by Netcom’s subscribers, is clearly commercial. Netcom’s use, though commercial, also benefits the public in allowing for the functioning of the Internet and the dissemination of other creative works, a goal of the Copyright Act. See Sega v. Accolade, 977 F.2d 1510, 1523 (9th Cir.1992) (holding that intermediate copying to accomplish reverse engineering of software fair use despite commercial nature of activity; considering public benefit of use). The Campbell Court emphasized that a commercial use does not dictate against a finding of fair use, as most of the uses listed in the statute are “generally conducted for profit in this country.” – U.S. at —, 114 S.Ct. at 1174. Although Netcom gains financially from its distribution of messages to the Internet, its financial incentive is unrelated to the infringing activity and the defendant receives no direct financial benefit from the acts of infringement. Therefore, the commercial nature of the defendant’s activity should not be dispositive. Moreover, there is no easy way for a defendant like Netcom to secure a license for carrying every possible type of copyrighted work onto the Internet. Thus, it should not be seen as “profit[ing] from the exploitation of the copyrighted work without paying the customary prices.” Harper & Row, Publishers, Inc. v. Nation Enterprises, 471 U.S. 539, 562, 105 S.Ct. 2218, 2231, 85 L.Ed.2d 588 (1985). It is undisputed that, unlike the defendants in Playboy and Sega, Netcom does not directly gain anything from the content of the information available to its subscribers on the Internet. See Because it does not itself provide the files or solicit infringing works, its purpose is different from that of the defendants in Playboy and Sega. Because Netcom’s use of copyrighted materials served a completely different function than that of the plaintiffs, this factor weighs in Netcom’s favor, see Hustler Magazine, Inc. v. Moral Majority, Inc., 606 F.Supp. 1526, 1535 (C.D.Cal.1985), aff’d, 796 F.2d 1148 (9th Cir.1986), notwithstanding the otherwise commercial nature of Netcom’s use.

The second factor focuses on two different aspects of the copyrighted work: whether it is published or unpublished and whether it is informational or creative. Plaintiffs rely on the fact that some of the works transmitted by Netcom were unpublished and some were arguably highly creative and original. However, because Netcom’s use of the works was merely to facilitate their posting to the Usenet, which is an entirely different purpose than plaintiffs’ use (or, for that matter, Erlich’s use), the precise nature of those works is not important to the fair use determination. See Campbell, – U.S. at —, 114 S.Ct. at 1175 (finding creative nature of work copied irrelevant where copying for purposes of parody); Hustler Magazine, 606 F.Supp. at 1537; 3 § 13.05[A][2][a], at 13-177 (“It is sometimes necessary, in calibrating the fair use defense, to advert to the defendant’s usage simultaneously with the nature of the plaintiff’s work.”).

The third factor concerns both the percentage of the original work that was copied and whether that portion constitutes the “heart” of the copyrighted work. Harper & Row, 471 U.S. at 564–65, 105 S.Ct. at 2232–33. Generally, no more of a work may be copied than is necessary for the particular use. See Supermarket of Homes v. San Fernando Valley Board of Realtors, 786 F.2d 1400, 1409 (9th Cir.1986). The copying of an entire work will ordinarily militate against a finding of fair use, although this is not a per se rule. Sony, 464 U.S. at 449–450, 104 S.Ct. at 792–793.

Plaintiffs have shown that Erlich’s postings copied substantial amounts of the originals or, in some cases, the entire works. Netcom, of course, made available to the


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Page:Legislative Manual of the State of Ohio 1915-1916.pdf/9

 Compiled and published under authority of a Joint Resolution of the General Assembly.

1917


text: Page:Legislative Manual of the State of Ohio 1915-1916.pdf/10


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Page:Constitution of India (9 Sep 2020).pdf/66

 service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the Comptroller and Auditor-General.

(6) The administrative expenses of the office of the Comptroller and Auditor-General, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund of India.

149. Duties and powers of the Comptroller and Auditor-General.—The Comptroller and AuditorGeneral shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States and of any other authority or body as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, shall perform such duties and exercise such powers in relation to the accounts of the Union and of the States as were conferred on or exercisable by the Auditor-General of India immediately before the commencement of this Constitution in relation to the accounts of the Dominion of India and of the Provinces respectively.

[150. Form of accounts of the Union and of the States.—The accounts of the Union and of the States shall be kept in such form as the President may, [on the advice of] the Comptroller and Auditor-General of India, prescribe.]

151. Audit reports.—(1) The reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the President, who shall cause them to be laid before each House of Parliament.

(2) The reports of the Comptroller and Auditor-General of India relating to the accounts of a State shall be submitted to the Governor *** of the State, who shall cause them to be laid before the Legislature of the State.

152. Definition.—In this Part, unless the context otherwise requires, the expression “State” [does not include the State of Jammu and Kashmir].

153. Governors of States.—There shall be a Governor for each State

[Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States.]

154. Executive power of State.—(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

(2) Nothing in this article shall—
 * (a) be deemed to transfer to the Governor any functions conferred by any existing law on any other


text: Page:Legislative Manual of the State of Ohio 1915-1916.pdf/12


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Page:Religious Technology Center v. Netcom On-Line Communication Services.pdf/20

 Usenet exactly what was posted by Erlich. As the court found in Sony, the mere fact that all of a work is copied is not determinative of the fair use question, where such total copying is essential given the purpose of the copying. Id. (allowing total copying in context of time-shifting copyrighted television shows by home viewers). For example, where total copying was necessary to carry out the defendants’ beneficial purpose of reverse engineering software to get at the ideas found in the source code, the court found fair use. Sega v. Accolade, 977 F.2d at 1526–27. Here, Netcom copied no more of plaintiffs’ works than necessary to function as a Usenet server. Like the defendant in Sega v. Accolade, Netcom had no practical alternative way to carry out its socially useful purpose; a Usenet server must copy all files, since the prescreening of postings for potential copyright infringement is not feasible. 977 F.2d at 1526. Accordingly, this factor should not defeat an otherwise valid defense.

The fourth and final statutory factor concerns “the extent of market harm caused by the particular actions of the alleged infringer” and “ ‘whether unrestricted and widespread conduct of the sort engaged in by the defendant … would result in a substantially adverse impact on the potential market’ for the original.” Campbell, – U.S. at —, 114 S.Ct. at 1177 (quoting 3 § 13.05[A][4]) (remanding for consideration of this factor). Although the results of all four factors must be weighed together, id. at —, 114 S.Ct. at 1171, the fourth factor is the most important consideration, 3 § 13.05[A][4], at 13-188 to -189 (citing Harper & Row, 471 U.S. at 566, 105 S.Ct. at 2233), 13-207 (observing that fourth factor explains results in recent Supreme Court cases).

Netcom argues that there is no evidence that making accessible plaintiffs’ works, which consist of religious scriptures and policy letters, will harm the market for these works by preventing someone from participating in the Scientology religion because they can view the works on the Internet instead. Further, Netcom notes that the relevant question is whether the postings fulfill the demand of an individual who seeks to follow the religion’s teachings, and not whether they suppress the desire of an individual who is affected by the criticism posted by Erlich. Netcom argues that the court must focus on the “normal market” for the copyrighted work, which in this case is through a Scientology-based organization. Plaintiffs respond that the Internet’s extremely widespread distribution—where more than 25 million people worldwide have access—multiplies the effects of market substitution. In support of its motion for a preliminary injunction against Erlich, plaintiffs submitted declarations regarding the potential effect of making the Church’s secret scriptures available over the Internet. Plaintiffs point out that, although the Church currently faces no competition, groups in the past have used stolen copies of the Church’s scriptures in charging for Scientology-like religious training. See, e.g., Bridge Publications, Inc. v. Vien, 827 F.Supp. 629, 633–34 (S.D.Cal.1993); Religious Technology Center v. Wollersheim, 796 F.2d 1076, 1078–79 (9th Cir.1986), ''cert. denied'', 479 U.S. 1103, 107 S.Ct. 1336, 94 L.Ed.2d 187 (1987). This evidence raises a genuine issue as to the possibility that Erlich’s postings, made available over the Internet by Netcom, could hurt the market for plaintiffs’ works.

In balancing the various factors, the court finds that there is a question of fact as to whether there is a valid fair use defense. Netcom has not justified its copying plaintiffs’ works to the extent necessary to establish entitlement to summary judgment in light of evidence that it knew that Erlich’s use was infringing and had the ability to prevent its further distribution. While copying all or most of a work will often preclude fair use, courts have recognized the fair use defense where the purpose of the use is beneficial to society, complete copying is necessary given the type of use, the purpose of the use is completely different than the purpose of the original, and there is no evidence that the use will significantly harm the market for the original. This case is distinguishable from those cases recognizing fair use


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Page:Frenzied Fiction.djvu/205

 Rh

Is the Knight’s gambit recognized now as a permissible opening in chess?

Answer. I don’t play chess.

For some time past I have been calling upon a young lady friend at her house evenings and going out with her to friends’ nights. I should like to know if it would be all right to ask to take her alone with me to the theatre?

Answer. Certainly not. This column is very strict about these things. Not alone. Not for a moment. It is better taste to bring your father with you.

In playing bridge please tell me whether the third or the second player ought to discard from weakness on a long suit when trumps have been twice round and the lead is with dummy.

Answer. Certainly.

Can you tell me whether the widow of a marquis is entitled to go in to dinner before the eldest daughter of an earl?

title: Page:Frenzied Fiction.djvu/205


text:
Page:Works of Plato his first fifty-five dialogues (Taylor 1804) (Vol 2 of 5) (IA Vol2worksofplato00plat).pdf/110

100 THE LAWS who the people are that are to inhabit your colony; whether such as are willing from every part of Crete, so as that a great multitude will be collected from its several cities; or whether they are such as are chosen for the purpose of cultivating the land? For you do not collect such of the Greeks as are willing; though I see that some of you from Argos, and Angina, and other parts of Greece, inhabit this region, But inform me at present whence you will derive this army of citizens,

CLIN. I think it will be procured from the whole of Crete. And it appears to me that those from Peloponnesus will be received for inhabitants, in preference to the other Greeks. For, what you said just now you said truly: I mean, that these are from Argos: for the race which is most celebrated here at present is Gortynic, because it migrated hither from the Peloponnesian Gortyna.

GUEST. This establishment of a colony, therefore, is not similarly easy to cities, since it does not take place after the manner of a swarm of bees, one race of friends proceeding from one region, and from friends, in order to form a settlement, being as it were besieged by a certain narrowness of land, or forced by other inconveniences of a fimilar nature. But it sometimes happens that a part of a city, being violently urged by feditions, is compelled to settle in some other place. And sometimes a whole city is forced to fly, in consequence of being vanquished in war. It is, therefore, partly easy for these to be colonized, and governed by laws, and partly difficult. For, when a colony is of one race, speaking the same language, and obeying the same laws, it is united by a certain friendship, and has a communion of priests, and everything else of a similar kind; but it will not easily endure different laws, and a polity foreign to its own. But such a colony, having been forced to sedition through the badness of its laws, and still desiring through custom those pristine manners by which it was corrupted, becomes, in consequence of this, refratory and disobedient to its colonizer and legislator. But when a colony is composed of all-various tribes, it will perhaps be more willingly obedient to certain new laws; but to conspire together, and, like horses under one yoke, to blow as it is said the fame blast, requires a long time, and is extremely difficult. But legislation and the establishment of cities are the most perfect of all things with respect to the virtue of men.