text:
Page:The last of the Mohicans (1826 Volume 3).djvu/110

 nettled at so direct an attack on his manhood; "but there are none who can say, that I have ever forgotten my faith in the Lord, even in the greatest straits."

"Your chiefest danger will be at the moment when the savages find out that they have been deceived. If you are not then knocked on the head, your being a non-compossur will protect you, and you'll then have good reason to expect to die in your bed. If you stay, it must be to sit down here in the shadow, and take the part of Uncas, until such time as the cunning of the Indians discover the cheat, when, as I have already said, your time of trial will come. So choose for yourself, to make a rush, or tarry here."

"Even so," said David firmly; "I will abide in the place of the Delaware; bravely and generously has he battled in my behalf, and this, and more will I dare in his service."

"You have spoken as a man, and like one who, under wiser schooling, would have been brought to better things. Hold your head down, and draw in your legs; their formation might tell the truth too


text:
Page:TheTreesOfGreatBritainAndIreland vol01.djvu/59

Rh

In summer the Ailanthus is readily distinguished from all other trees cultivated in England by its large pinnate leaves, which have at the base of the leaflets on each side one or two glandular teeth. The black walnut, butternut, and Cedrela sinensis have somewhat similar foliage; but in these the glandular teeth are wanting. The bark of Ailanthus is quite peculiar, and when once seen cannot be confounded with that of any other tree.

In winter Ailanthus is easily recognised by its bark in trees of a certain size; but in all stages of growth it is well marked by the characters of the buds and branchlets.

The buds are alternate, uniform in size, small and hemispherical, and show externally 2 or 3 brown tomentose scales. The buds are set obliquely on the twigs just above the leaf-scars. The latter are large, heart-shaped, and slightly concave; and on their surface may be seen about 7 little elevated cicatrices which correspond to the vascular bundles of the fallen leaves. No true terminal bud is formed; and at the apex of the twig there is an elevated small circular scar, which marks the spot where the tip of the branchlet fell off in summer. The twigs are very coarse, glabrous, or finely pubescent, shining and brown in colour, with a few plainly visible lenticels. The pith is large, buff or yellowish in colour, showing clearly on section the medullary rays. In Cedrela there is a large terminal bud, and the leafscar has 5 cicatrices. The chambered pith of Juglans will readily distinguish the black walnut and butternut.

Several varieties are mentioned in books; aucubæfolia, pendulifolia, rubra, and flavescens being recognised by Schelle; but it is doubtful if any of these are sufficiently marked to deserve recognition. The Ailanthus flavescens of gardens was determined by Carrière to be Cedrela sinensis. A form with variegated leaves is mentioned by Koch, but it is exceedingly rare. The Kew Hand-list only admits one variety, pendula, a form somewhat weeping in habit.

Ailanthus glandulosa has been only found truly wild on the mountains of the province of Chihli in Northern China; but it is cultivated in most parts of China, and doubtless was once a constituent of the forests of the northern coast provinces, most of which have been destroyed by the Chinese. I never saw it wild in any of the mountain forests of Central or Southern China. When first introduced

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


text:
Page:The last of the Mohicans (1826 Volume 3).djvu/111

 early. Keep silent as long as may be; and it would be wise when you do speak, to break out suddenly in one of your shoutings, which will serve to remind the Indians that you are not altogether as responsible as men should be. If, however, they take your scalp, as I trust and believe they will not, depend on it, Uncas and I will not forget the deed, but revenge it, as becomes true warriors and trusty friends."

"Hold!" said David perceiving that with this assurance they were about to leave him; "I am an unworthy and humble follower of one, who taught not the damnable principle of revenge. Should I fall, therefore, seek no victims to my manes, but rather forgive my destroyers; and if you remember them at all, let it be in prayers for the enlightening of their minds, and for their eternal welfare!"

The scout hesitated, and appeared to muse deeply.

"There is a principle in that," he said, "different from the law of the woods! and yet it is fair and noble to reflect upon!" Then, heaving a heavy sigh, probably


text:
Page:The last of the Mohicans (1826 Volume 3).djvu/112

 among the last he ever drew in pining for the condition he had so long abandoned, he added—"It is what I would wish to practise myself, as one without a cross of blood, though it is not always easy to deal with an Indian, as you would with a fellow Christian. God bless you, friend; I do believe your scent is not greatly wrong, when the matter is duly considered, and keeping eternity before the eyes, though much depends on the natural gifts, and the force of temptation."

So saying, the scout returned, and shook David cordially by the hand; after which act of friendship, he immediately left the lodge, attended by the new representative of the beast.

The instant Hawk-eye found himself under the observation of the Hurons, he drew up his tall form in the rigid manner of David, threw out his arm in the act of keeping time, and commenced, what he intended for an imitation of his psalmody. Happily, for the success of this delicate adventure, he had to deal with ears but little practised in the concord of sweet


text:
Easton's Bible Dictionary (1897)/Edrei

Edrei: Mighty; strength.
 * (1.) One of the chief towns of the kingdom of Bashan (Josh. 12:4, 5). Here Og was defeated by the Israelites, and the strength of the Amorites broken (Num. 21:33-35). It subsequently belonged to Manasseh, for a short time apparently, and afterwards became the abode of banditti and outlaws (Josh. 13:31). It has been identified with the modern Edr'a, which stands on a rocky promontory on the south-west edge of the Lejah (the Argob of the Hebrews, and Trachonitis of the Greeks). The ruins of Edr'a are the most extensive in the Hauran. They are 3 miles in circumference. A number of the ancient houses still remain; the walls, roofs, and doors being all of stone. The wild region of which Edrei was the capital is thus described in its modern aspect: "Elevated about 20 feet above the plain, it is a labyrinth of clefts and crevasses in the rock, formed by volcanic action; and owing to its impenetrable condition, it has become a refuge for outlaws and turbulent characters, who make it a sort of Cave of Adullam...It is, in fact, an impregnable natural fortress, about 20 miles in length and 15 in breadth" (Porter's Syria, etc.). Beneath this wonderful city there is also a subterranean city, hollowed out probably as a refuge for the population of the upper city in times of danger. (See [171]BASHAN.)

 * (2.) A town of Naphtali (Josh. 19:37).

title: Easton's Bible Dictionary (1897)/Edrei


text: Poems: Second Series (Dickinson)/The Humming-Bird


text:
Page:The last of the Mohicans (1826 Volume 3).djvu/113

 sounds, or the miserable effort would infallibly have been detected. It was necessary to pass within a dangerous proximity of the dark group of savages, and the voice of the scout grew louder as they drew nigher. When at the nearest point, the Huron, who spoke the English, thrust out an arm, and stopped the supposed singing-master.

"The Delaware dog!" he said, leaning forward, and peering through the dim light to catch the expression of the other's features; "is he afraid? will the Hurons hear his groans?"

A growl, so exceedingly fierce and natural proceeded from the beast, that the young Indian released his hold, and started aside, as if to assure himself that it was not a veritable bear, and no counterfeit, that was rolling before him. Hawk-eye, who feared his voice would betray him to his subtle enemies, gladly profited by the interruption, to break out anew, in such a burst of musical expression, as would, probably, in a more refined state of society, have been termed a "grand crash." Among


text: Poems: Second Series (Dickinson)/Secrets


text: Poems: Second Series (Dickinson)/Who robbed the woods?


text:
Page:TheTreesOfGreatBritainAndIreland vol01.djvu/61

Rh garden at Busbridge, near Godalming, and another in the Chelsea Physic Garden, both raised from the seed sent by Père d'Incarville. The tree is here first described as Rhus sinense foliis alatis, foliolis oblongis acuminatis ad basin subrotundis et dentatis.

This name is often given to the tree in England, corresponding to the German Götterbaum. It is not the translation of any Chinese name, as has often been erroneously stated. Desfontaines' original description occurred in a rare book which has not been looked up by most writers on the tree. He was well aware that the tree came from China, but in selecting a name for the genus he took it from another species which he found figured in Rumphius' Hortus Amboinensis, v. cap. 57, tab. 132. This species, left undescribed by Desfontaines, is Ailanthus moluccana. Rumphius calls it arbor cœli, the equivalent of the native name in the Amboyna language, Aylanto, which signifies "a tree so tall as to touch the sky.""Tree of Heaven" is accordingly a translation of the name of Rumphius, and is more properly applied to the tall tropical species than to Ailanthus glandulosa, which does not attain any remarkable height.

The Ailanthus is easily propagated from seeds; but as trees bearing male flowers are objectionable on account of their odour, it is preferable to propagate the tree from root-cuttings obtained from female trees. In addition to the disagreeable odour of the male flowers, there may be some foundation for the belief prevalent in the United States that they cause stomachic disturbance and sore throat. The pollen from staminate flowers, doubtless, occasions a kind of hay fever.

The tree suckers freely from the root and to a great distance, as far as 100 feet from the parent stem. At Kew these suckers frequently appear between the tiles of the floor of one of the buildings near which an Ailanthus stands. At Oxford a root-sucker sent up a flowering shoot, and, what is more remarkable, produced simple leaves, giving some support to the idea that plants with compound foliage originated from those with simple leaves. The tree has extraordinary vitality. Dr. Masters gives an account of a tree which was cut down, the stump being left in the ground below the surface. Several years elapsed during which nothing was observed, but after about ten years suckers were seen coming up in a gravel path adjacent, and these, being traced, were found to issue from the old stump.

Ailanthus reproduces itself freely from stools, and the coppice shoots thus obtained are very vigorous.

It was long supposed that Ailanthus would succeed even on the worst soils, but this is an error. It only does well on permeable soils, which are fairly moist, Rh


text: Poems: Second Series (Dickinson)/Two Voyagers


text: Page:Sunset Gun.pdf/53

title: Page:Sunset Gun.pdf/53


text:
Page:The last of the Mohicans (1826 Volume 3).djvu/114

 his actual auditors, however, it merely gave him an additional claim to that respect, which they never withhold from such as are believed to be the subjects of mental alienation. The little knot of Indians drew back, in a body, and suffered, as they thought, the conjuror and his inspired assistant to proceed.

It required no common exercise of fortitude in Uncas and the scout, to continue the dignified and deliberate pace they had assumed in passing the lodges; especially, as they immediately perceived, that curiosity had so far mastered fear, as to induce the watchers to approach the hut, in order to witness the effect of the incantation. The least injudicious or impatient movement on the part of David might betray them, and time was absolutely necessary to insure the safety of the scout. The loud noise the latter conceived it politic to continue, drew many curious gazers to the doors of the different huts, as they passed; and once or twice a dark looking warrior stepped across their path, led to the act by superstition or watchfulness. They were not, however,


text: Page:Sunset Gun.pdf/54

title: Page:Sunset Gun.pdf/54


text:
Page:The last of the Mohicans (1826 Volume 3).djvu/115

 interrupted; the darkness of the hour, and the boldness of the attempt, proving their principal friends.

The adventurers had got clear of the village, and were now swiftly approaching the shelter of the woods, when a loud and long cry arose from the lodge where Uncas had been confined. The Mohican started on his feet and shook his shaggy covering, as though the animal he counterfeited was about to make some desperate effort.

"Hold!" said the scout, grasping his friend by the shoulder, "let them yell again! 'Twas nothing but their wonderment."

He had no occasion to delay, for at the next instant a burst of cries filled the outer air, and ran along the whole extent of the village. Uncas cast his skin, and stepped forth in his own lofty and beautiful proportions. Hawk-eye tapped him lightly on the shoulder, and glided ahead.

"Now let the devils strike our scent!" said the scout, tearing two rifles, with all their attendant accoutrements from beneath a bush, and flourishing 'kill deer' as he


text:
Easton's Bible Dictionary (1897)/Effectual call

Effectual call
 * See CALL.


text:
Page:The last of the Mohicans (1826 Volume 3).djvu/116

 handed Uncas a weapon; "two, at least, will find it to their deaths."

Then throwing their pieces to a long trail, like sportsmen in readiness for their game, they dashed forward, and were soon buried in the sombre darkness of the forest.


text: Page:Sunset Gun.pdf/55

title: Page:Sunset Gun.pdf/55


text:
Page:TheTreesOfGreatBritainAndIreland vol01.djvu/63

Rh

The largest Ailanthus was that at Syon, which was 70 feet high in Loudon's time, and nearly 100 feet in 1880. It is now dead.

At Kew a vigorous tree is growing in the garden behind the Palace, which measures 73 feet high and 8 feet in girth. Not far off a number of Ailanthus trees of varying size, but none very large, occurs in a group, and they seem to be root-suckers; probably one of the original trees was planted in this spot in the eighteenth century.

At Milton Rectory, Steventon, Berks, there are two trees of equal height (78 feet), one girthing 9 feet 1 inch, and the other 8 feet 6 inches. Both these trees bloom freely every year, producing fruit of a bright red colour on the south side of the trees; and the seeds, as they fall in the garden near hand, produce seedlings which are very vigorous.

At the Mote, Maidstone, there are two large trees, one of which is 70 feet high and 8 feet in circumference.

At Linton Park, Maidstone, is a tree growing in a shrubbery which was nearly 80 feet high by 6 feet 6 inches in 1902.

At Broom House, Fulham, the residence of Miss Sulivan, is a tree 80 feet high, with a bole 9 feet long and 10 feet in girth, which divides into two main stems (Plate 13).

At Fakenham, Norfolk, Sir Hugh Beevor has measured a tree 75 feet by 8 feet 11 inches.

At Barton, Bury St. Edmunds, an Ailanthus which was planted in 1826 measured in 1904 55 feet high, with a girth of stem of 5 feet 2 inches. Bunbury says that it is perfectly hardy at Barton, and did not suffer in the least from the severe winter of 1860. It was 3½ feet girth at 3 feet from the ground in 1862. It flowered abundantly in August of 1861, the greater part of the flowers being hermaphrodite, and a considerable number of fruits were formed, but all dropped off before coming to maturity. It fruited abundantly in 1868. Bunbury says, generally there is only one samara to each flower, but not unfrequently two or three; he never saw more than three.

At Belton Park, the seat of Earl Brownlow, is a fine specimen of the tree, for a photograph of which (Plate 14) we are indebted to Miss F. Woolward, who gives its height as 83 feet, and its girth as 6 feet. This seems to be the tallest tree recorded in England.

At Burwood House, Cobham, Surrey, the seat of Lady Ellesmere, Colonel H. Thynne has measured an Ailanthus 71 feet high by 10 feet 10 inches girth, which, though partly fallen down and supported by a prop, is still a fine tree.

The tree seems to require a climate which is at once both warmer and drier in summer than that of the northern and western counties of England, and we do not know of any trees of any great size now existing in Scotland, Ireland, or Wales, though Loudon states that there was one at Dunrobin Castle, Sutherlandshire, 43 feet high.


text: Page:Sunset Gun.pdf/56

title: Page:Sunset Gun.pdf/56


text: Page:Sunset Gun.pdf/57

title: Page:Sunset Gun.pdf/57


text:
When Love Comes Stealing

Film appearances

 * "When Love Comes Stealing" (1928), the first performance in the synchronized sound film The Man Who Laughs
 * "When Love Comes Stealing" (1928), the second performance and the closing theme in the synchronized sound film The Man Who Laughs

Records

 * , the original record performed by Lewis James

Sheet music

 * "When Love Comes Stealing" (1928), sheet music

title: When Love Comes Stealing


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/151

or Pilgrimage to Mecca, is the fifth of the five foundations of practice. It is said, by Muhammad, to be of Divine institution, and has the authority of the Qurán for its observance. Its performance is incumbent upon those men and women who have sufficient means to meet the expenses of the journey,


text:
Page:TheTreesOfGreatBritainAndIreland vol01.djvu/71

evergreen trees, with naked buds and coriaceous leaves, which are widest at their bases and spirally arranged on the shoots. Usually dioecious. Male flowers in catkin-like masses, solitary or in fascicles at the ends of the branchlets; anthers numerous, with a prolonged connective, from which hang six to fifteen pollen sacs. Female flowers terminal, composed of many scales spirally arranged in a continuous series with the leaves, there being no obvious distinction between the seed-scale and the bract; each scale bears one ovule attached to the scale along its whole length. Cones globular, composed of imbricated wedge-shaped scales thickened at the apex. Seeds, one on each scale and adnate to it, flattened and without wings.

The genera Araucaria and Agathis constitute the tribe Araucarineae, which are distinguished from the other Coniferae by having a single ovule on a simple scale. In Agathis the ovule is free from the scale, while in Araucaria it is united with it. Cunninghamia, which was considered by Bentham and Hooker and by Masters to belong to this tribe, is now generally classed with the Taxodineae; in it each scale bears three ovules.

There are about ten species of Araucaria, inhabitants of South America, Australia, New Guinea, New Hebrides, New Caledonia, and Norfolk Island. Araucaria Cunninghami has been reported several times as growing in the open air in England; but in some cases it is evident that Cunninghamia sinensis was the tree in question, while in other cases small plants were referred to which were speedily killed by the cold of our winters. Araucaria imbricata is the only species which is hardy in this country. There are fine specimens of some of the other species in the Temperate House at Kew, viz. Araucaria Bidwilli, 48 feet high; Araucaria excelsa, 48 feet; Araucaria Cunninghami, 47 feet; and Araucaria Cookii, 30 feet.


text: Page:Sunset Gun.pdf/58

title: Page:Sunset Gun.pdf/58


text: Page:The Chace - Somervile (1735).djvu/18


text: Page:Sunset Gun.pdf/59

title: Page:Sunset Gun.pdf/59


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/152

 Rh and to maintain their families at home during their absence.

The ceremonies observed on this occasion are so ridiculous that they do more to reveal the imposture of Muhammad than any other part of his system. They are, even by the confession of Muhammadans themselves, the relicts of the idolatrous superstitions of ancient Arabia; and they are either evidences of the dark and superstitious character of Muhammad's mind, or, what is perhaps even more probable, they show how far the "Prophet" found it suit his purpose to compromise with the heathen Arabians of his day. The merits of the pilgrimage are so great, that every step taken in the direction of the Kʾaba blots out a sin; and he who dies on his way to Mecca is enrolled on the list of martyrs.

However ingeniously the apologists of Islám may offer excuses for some of the weak points of Muhammad's religious system, and endeavour to shield the "Prophet of Arabia" from the grave and solemn charge of having "forged the name of God," the pilgrimage to Mecca can admit of no satisfactory solution. In its institution the false prophet layeth open his


text: Page:Sunset Gun.pdf/60

title: Page:Sunset Gun.pdf/60


text: Page:Sunset Gun.pdf/61

title: Page:Sunset Gun.pdf/61


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/153

132 own folly, for in the ridiculous ceremonies of the Hajj, we see the law-giver, whose professed mission it was to uproot the idolatry of Arabia, giving one of its superstitious customs the authority of a Divine enactment. The pilgrimage to Mecca is one of the numerous inconsistencies of Muhammad's pretended revelation.

The following is the orthodox way of performing the pilgrimage, founded upon the example of the "Prophet" himself.

Upon the pilgrim's arrival at the last stage near Mecca, he bathes himself, and performs two rakʾat prayers, and then divesting himself of his clothes, he assumes the pilgrim's sacred robe, which is called Ihrám. This garment consists of two seamless wrappers, one being wrapped round the waist, and the other thrown loosely over the shoulder, the head being left uncovered. Sandals may also be worn, but not shoes or boots. After he has assumed the pilgrim's garb, he must not anoint his head, shave any part of his body, pare his nails, nor


text:
Page:TheTreesOfGreatBritainAndIreland vol01.djvu/73

Rh Seedling.—The cotyledons are two in number, and on germination remain below the soil enclosed in the seed (Plate 15). The caulicle, to which is attached the cotyledons, is thick, fleshy, and carrot-shaped, serving as a store of nutriment for the plant after that of the cotyledons is exhausted; it is directed downward into the soil, and terminates in a long, slender, fibrous root, which gives off a few lateral rootlets. The plumule, the portion of the axis with its accompanying leaves, which is formed in the embryo prior to generation, protrudes between the stalks of the cotyledons, speedily becomes erect, and develops into the young stem, which bears leaves similar in shape to those of the adult plant. The cotyledons sometime after the stem has grown well above ground wither away, the ends of their stalks being visible on the upper part of the caulicle. At the end of the first season the stem is 4 or 5 inches long, and bears alternate leaves about ¾ inch long, gradually increasing in size from below upwards and forming a crowded tuft at the summit. The lower end or so of the stem is reddish, with leaves small and scale-like. The fusiform caulicle, about an inch in length, is continued below into a root 8 or 9 inches long.

Sexes.—The Araucaria is usually dioecious, the trees being either male or female. It was long supposed that there was a difference in the habit of the two sexes, due, doubtless, to Pavon's account of the matter. Araucarias differ, however, remarkably in habit, and no inference can be drawn as to sex from the habit or character of the growth of an individual. Monoecious trees (as is the case in nearly every dioecious species) are of exceptional and very rare occurrence. The most noted of these occurred at Bicton. Other cases have been recorded from South Lytchett, near Poole, and Pencarrow in Cornwall.

This remarkable tree was discovered in or about 1780 by a Spaniard, Don Francisco Dendariarena, who was employed by the Spanish Government to examine the trees in the country of the Araucanos, with the object of finding out those whose timber was best suited for shipbuilding. His account of its discovery, as quoted by Lambert, pp. 106-108, is as follows:—

"In September 1782 I left my companion, Don Hippolito Ruiz, and visited the mountains named Caramavida and Nahuelbuta belonging to the Llanista, Peguen, and Araucano Indians. Amongst many plants which were the result of my two months' excursion, I found in flower and fruit the tree I am about to describe.

"The chain or cordillera of the Andes offers to the view in general a rocky soil, in parts wet and boggy, on account of the abundance of rain and snow which fall in these regions, similar to many provinces in Spain. There are to be seen large forests of this tree which rises to the amazing height of 150 feet, its trunk quite straight and without knots, ending in a pyramid formed of horizontal branches which decrease in length gradually towards the top, and is covered with a double bark, the


text: Page:Sunset Gun.pdf/81

title: Page:Sunset Gun.pdf/81


text: Page:The Chace - Somervile (1735).djvu/19


text:
Easton's Bible Dictionary (1897)/Effectual prayer

Effectual prayer
 * Occurs in Authorized Version, James 5:16. The Revised Version renders appropriately: "The supplication of a righteous man availeth much in its working", i.e., "it moves the hand of Him who moves the world."


text: Page:Sunset Gun.pdf/80

title: Page:Sunset Gun.pdf/80


text:
Easton's Bible Dictionary (1897)/Egg

Egg
 * (Heb. beytsah, "whiteness"). Eggs deserted (Isa. 10:14), of a bird (Deut. 22:6), an ostrich (Job 39:14), the cockatrice (Isa. 59:5). In Luke 11:12, an egg is contrasted with a scorpion, which is said to be very like an egg in its appearance, so much so as to be with difficulty at times distinguished from it. In Job 6:6 ("the white of an egg") the word for egg (hallamuth') occurs nowhere else. It has been translated "purslain" (R.V. marg.), and the whole phrase "purslain-broth", i.e., broth made of that herb, proverbial for its insipidity; and hence an insipid discourse. Job applies this expression to the speech of Eliphaz as being insipid and dull. But the common rendering, "the white of an egg", may be satisfactorily maintained.

title: Easton's Bible Dictionary (1897)/Egg


text: Page:Sunset Gun.pdf/79

title: Page:Sunset Gun.pdf/79


text:
Page:Sega Enterprises v. Accolade.pdf/16

 computer program is the idea of the program as a whole, and “everything that is not necessary to that purpose or function [is] part of the expression of that idea.” Whelan Assoc., Inc. v. Jaslow Dental Laboratory, Inc., 797 F.2d 1222, 1236 (3d Cir.1986) (emphasis omitted). The. Whelan rule, however, has been widely—and soundly—criticized as simplistic and overbroad. See CAI, 23 U.S.P.Q.2d at 1252 (citing cases, treatises, and articles). In reality, “a computer program’s ultimate function or purpose is the composite result of interacting subroutines. Since each subroutine is itself a program, and thus, may be said to have its own ‘idea,’ Whelan’s general formulation is descriptively inadequate.” Id. For example, the computer program at issue in the case before us, a video game program, contains at least two such subroutines—the subroutine that allows the user to interact with the video game and the subroutine that allows the game cartridge to interact with the console. Under a test that breaks down a computer program into its compenent subroutines and sub-subroutines and then identifies the idea or core functional element of each, such as the test recently adopted by the Second Circuit in CAI, 28 U.S.P.Q.2d at 1252–53, many aspects of the program are not protected by copyright. In our view, in light of the essentially utilitarian nature of computer programs, the Second Circuit’s approach is an appropriate one.

Sega argues that even if many elements of its video game programs are properly characterized as functional and therefore not protected by copyright, Accolade copied protected expression. Sega is correct. The record makes clear that disassembly is wholesale copying. Because computer programs are also unique among copyrighted works in the form in which they are distributed for public use, however, Sega’s observation does not bring us much closer to a resolution of the dispute.

The unprotected aspects of most functional works are readily accessible to the human eye. The systems described in accounting textbooks or the basic structural concepts embodied in architectural plans, to give two examples, can be easily copied without also copying any of the protected, expressive aspects of the original works. Computer programs, however, are typically distributed for public use in object code form, embedded in a silicon chip or on a floppy disk. For that reason, humans often cannot gain access to the unprotected ideas and functional concepts contained in object code without disassembling that code—i.e., making copies. Atari Games Corp. v. Nintendo of America, 975 F.2d at 843–44 (Fed.Cir.1992).

Sega argues that the record does not establish that disassembly of its object code is the only available method for gaining access to the interface specifications for the Genesis console, and the district court agreed. An independent examination of the record reveals that Sega misstates its contents, and demonstrates that the district court committed clear error in this respect.

First, the record clearly establishes that humans cannot read object code. Sega makes much of Mike Lorenzen’s statement that a reverse engineer can work directly from the zeros and ones of object code but “[i]t’s not as fun.” In full, Lorenzen’s statements establish only that the use of an electronic decompiler is not absolutely necessary. Trained programmers can disassemble object code by hand. Because even a trained programmer cannot possibly remember the millions of zeros and ones that make up a program, however, he must make a written or computerized copy of the disassembled code in order to keep track of his work. See generally Johnson-Laird, Technical Demonstration of “Decompilation”, reprinted in Reverse Engineering: Legal and Business Strategies for Competitive Design in the 1990’s 102 (Prentice Hall Law & Business ed. 1992). The relevant fact for purposes of Sega’s copyright infringement claim and Accolade’s fair use


text:
Easton's Bible Dictionary (1897)/Eglah

Eglah
 * A heifer, one of David's wives, and mother of Ithream (2 Sam. 3:5; 1 Chr. 3:3). According to a Jewish tradition she was Michal.

title: Easton's Bible Dictionary (1897)/Eglah


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/154

 Rh wear any other garment than the Ihrám. Immediately on his arrival at Mecca he performs the legal ablutions, and proceeds to the Musjid-ul-Harám, or Sacred Mosque, and kisses the Hajr-ul-aswad, or the black stone, and then encompasses the Kʾaba seven times. This act, which is called Tawáf, is performed by commencing on the right and leaving the Kʾaba on the left. The circuits are made thrice with a quick step or run, and four times at a slow pace. He then proceeds to the Maqám-i-Ibrahím (the place of the prophet Abraham) and performs two rakʾat prayers, after which he returns to the black stone and kisses it. He then goes to the gate of the temple leading to Mount Safá, and from it ascends the hill and


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/155

 134 runs from the summit of Mount Safá to that of Mount Marwah seven times! On the top of the hill he remains for a few moments, and raising his hands heavenwards supplicates the Almighty.

On the eighth day, which is called Tarwíah, he unites with his fellow-pilgrims at Miná in the usual services of the Muslim ritual, and stays the night.

After morning prayer he rushes to Mount ʾArifát, where, having said two rakʾat prayers with the Imám and heard the Khútbah (or oration), he remains until sunset. He then proceeds to Muzdalífah, and having said the sunset and night prayers, he stays the night at that place.

The next morning, which is the ʾId-ul-Azhá, or great feast, he comes to three places in Miná, marked by three pillars called Jamra. At each of these pillars he picks up seven small stones, or pebbles, and having said some particular prayer over each pebble and blown upon it, he throws it at one of the pillars. This ceremony is called Rami-ul-Jamár, or the throwing of pebbles.

He then proceeds to the place of sacrifice at


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/156

 Rh Miná, and performs the usual sacrifice of the ʾId-ul-Azhá; after this sacrifice he gets himself shaved, and his nails pared. The pilgrim garb is then removed and the pilgrimage is ended, although he should rest at Mecca the three following days, which are called the Ayyám-ut-Tashríq, or the days of drying up the blood of the sacrifice. These are three days of well earned rest after the vigorous peripatetic performances of the last four days.

The pilgrimage must be performed on three days of the month of Zul Hijja, namely from the seventh to the tenth; a visit to Mecca at any other time has not the merit of a pilgrimage.

Before he leaves Mecca the pilgrim should once more perform the circuits round the Kʾaba, and throw stones at the sacred pillars, each seven times.

He then proceeds to Medina, and makes his salutations at the Shrine of Muhammad. The Wahhábis do not perform the last act, as it is contrary to their principles to visit shrines.

The Musulmán who has performed the pilgrimage is called Hájí.

The Kʾaba is also called the Qibla, or the


text:
Page:Thomas Patrick Hughes - Notes on Muhammadanism - 2ed. (1877).djvu/157

 136 direction to which Muslims are to pray. Mosques are, therefore, always erected Qibla-wards. At the commencement of Islám, the Qibla was Jerusalem; but when Muhammad failed to conciliate the Jews to his prophetic pretensions, he made the Kʾaba the Qibla, or the direction in which to pray.

The pilgrimage cannot be performed by proxy, as some English authors have stated, although it is considered a meritorious act to pay the expenses of one who cannot afford to perform it. But if a Muhammadan on his death-bed bequeath a sum of money to be paid to a certain person to perform the pilgrimage, it is considered to satisfy the claims of the Muslim law. If a Muslim have the means of performing the pilgrimage, and omit to do so, its omission is equal to a kabíra, or mortal sin.


text: Notes on Muhammadanism/Chapter 22

title: Notes on Muhammadanism/Chapter 22


text: Page:Poems McDonald.djvu/95

title: Page:Poems McDonald.djvu/95


text: Sunset Gun/A Dream Lies Death

title: Sunset Gun/A Dream Lies Death


text: Sunset Gun/The Homebody

title: Sunset Gun/The Homebody