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Page:Antitrust Guidelines for the Licensing of Intellectual Property.pdf/1

January 12, 2017

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


text: Page:The Czechoslovak Review, vol4, 1920.pdf/199


text: The Czechoslovak Review/Volume 4/Number 5


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Page:Antitrust Guidelines for the Licensing of Intellectual Property.pdf/2

 Table of Contents


text:
Anatole France

 * Anatole France (1925), a biography by Will Durant
 * Anatole France (1924), a biography by James Lewis May
 * "Anatole France" (1926), an essay by Stuart Pratt Sherman

title: Anatole France


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Page:Antitrust Guidelines for the Licensing of Intellectual Property.pdf/3

 1 Intellectual Property Protection and the Antitrust Laws

1.0 These Guidelines state the antitrust enforcement policy of the U.S. Department of Justice and the Federal Trade Commission (individually, “the Agency,” and collectively, “the Agencies”) with respect to the licensing of intellectual property protected by patent, copyright, and trade secret law, and of know-how. By stating their general policy, the Agencies hope to assist those who need to predict whether the Agencies will challenge a practice as anticompetitive. However, these Guidelines cannot remove judgment and discretion in antitrust law enforcement. The Agencies will evaluate each case in light of its own facts and apply these Guidelines reasonably and flexibly.

In the United States, patents confer rights to exclude others from making, using, or selling in the United States the invention claimed by the patent for a set period of time. To gain patent protection, an invention (which may be a product, process, machine, or composition of matter) must be novel, nonobvious, useful, and sufficiently disclosed. Copyright protection applies to original works of authorship fixed in a tangible medium of expression. Copyright protection applies only to the expression, not the underlying ideas. Unlike a patent, which protects an invention not only from copying but also from subsequent independent creation by others, a


text: Author:Fujiwara no Tadahira

title: Author:Fujiwara no Tadahira


text:
Page:NATIONAL INTELLIGENCE SURVEY 18; CZECHOSLOVAKIA; THE SOCIETY CIA-RDP01-00707R000200110015-7.pdf/23

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1971, 107,000 housing units were completed, along with 1970 the best construction record ever, but this number still fell almost 40% short of the 150,000.

Before 1964 the largest proportion of housing units were built by the state, but since then cooperative and private construction has become numerically more important. In 1971, construction by the state numbered 17,000 of the 107,000 units, construction by enterprises numbered 22,000, construction by private individuals numbered 29,000, and construction by cooperatives numbered 39,000. Most of the government-provided housing consists of plainly but functionally designed multistoried apartment buildings. Individual homes remain prevalent in rural areas.

The quality of the housing stock is also unsatisfactory as 71% of the units were built before 1946 including 20% before 1900. Aside from the relative decrepitude of these units because of their age, a large proportion of them lack modern conveniences. The new housing are quite modern, but the majority of them are of relatively low quality prefabricated construction. Of the units built in 1971 by the state, cooperatives, and enterprises, for example, 87.7% were supplied with gas, 99.3% with hot water, 98.6% with central heating, and 93.6% with built-in furniture. The proportion of the housing stock supplied with gas increased from 19.1% in 1961 to 30.3% in 1970, the share having central heating rose from 8.1% to 29.4%, and the share having a bathroom/shower went up from 33.3% to 57.2%.

In 1960, Czechoslovakia completed the electrification of all villages and the number of housing units supplied with electricity reached 98.6% in 1970. At the latter date, over three-quarters of all units had their own water supply; however, the proportion (47.1%) of units linked to the sewage system was still relatively low.

Preliminary results of the 1970 census also showed some other improvements in housing since 1961. The number of available housing units increased by 10.7%, whereas the population increased only by 4.5%. The number of rooms per housing unit increased from 1.77 in 1961 to 2.12 in 1970, and the flood space, excluding kitchen and bathroom, increased from 374 square feet to 425 square feet. Although the number of persons per unit dropped only slightly—from 3.58 to 3.38—the units were larger and provided somewhat more space for each person.

4. Work opportunities and conditions

a. The manpower problem and worker satisfaction

The main factor affecting work and work opportunities in Czechoslovakia is the virtual absence of a labor reserve. Almost half the population is economically active (490 per 1,000 compared to 418 in the United States in 1972). Most of these persons work in the socialized (state-owned and cooperative) sector of the economy; the 2.5% in the nonsocialized sector include mainly farmers and craftsmen. Although the labor force of the Czech Lands has long been composed basically of industrial workers and small businessmen, the occupational structure in Slovakia has changed radically during the past 30 years as the impoverished farmers who formerly dominated the labor force have been surpassed in number by those working outside agriculture. The labor reserves that Slovakia provided in the past is now minimal as that part of the country catches up with the more heavily industrialized Czech Lands. In 1973, more than 90% of those persons capable of working were already employed. Moreover, the present annual increase in employment of approximately 70,000 is expected to decline to less than 20,000 by 1980, and the working-age population is expected to stagnate and eventually decline within a few decades.

Numerous measures have been enacted to attract additional persons into the labor force and to retain those already employed. The measures have been particularly directed at 15-year-olds, housewives, and pensioners. For young persons, the regime is combining work-school programs and shortening apprenticeships. In addition, the Socialist Youth Federation has organized a campaign to utilize students at the secondary and college levels during their vacations. Special attention is being given to the problem of the working mother. Part-time positions are being created and the already extensive day care system is being expanded. The Husak regime has looked increasingly to retired persons as a source of manpower. In addition to offering higher wages, the regime is allowing pensioners to work 4 months each year without a reduction in pension. It also is requiring individuals who wish to qualify for the increased benefits available under the 1970 pension law to actively seek work. The regime is expected to rely more heavily in the future on foreign manpower, particularly from Poland and Yugoslavia, both of which have surplus labor. Agreements are being negotiated with Yugoslavia, and many Polish laborers are already working in border areas.

17

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text: Page:The Czechoslovak Review, vol4, 1920.pdf/111


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Page:William John Sparrow-Simpson - Roman Catholic Opposition to Papal Infallibility (1909).djvu/237

Pius IX. had finally resolved on assembling a Council he proceeded without delay to the necessary preparations. These preparations may be classified as twofold: those within the Roman Communion, and those relating to other religious bodies.

1. The internal preparations were largely entrusted to a Commission of Cardinals, selected for that purpose. The Cardinals reported to the Pope upon the following points.

First came the important problem, to determine who were qualified for membership in a Council of the Church. The Episcopate, of course, without all doubt. But did this apply only to Bishops possessing diocesan jurisdiction, or did it include those who possessed no definite See? It was urged that the latter were just as really Bishops as the former, and that their omission might raise disputes on the Council's validity. It was accordingly decided that, with the Pope's approval, titular Bishops as well as diocesan were qualified for seats in the coming Assembly.

The case of Abbots and generals of religious Orders was considered next. If these did not possess episcopal authority, they possessed at least a real, a semi-episcopal jurisdiction; being themselves superiors over a consider- able multitude, and also exempt from episcopal control.


text:
Author:Thomas Orlando Sheldon Jewitt

As illustrator

 * A Guide to the Architectural Antiquities in the Neighbourhood of Oxford by John Henry Parker (1842)

title: Author:Thomas Orlando Sheldon Jewitt


text: The Czechoslovak Review/Volume 4/Number 3


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Page:William John Sparrow-Simpson - Roman Catholic Opposition to Papal Infallibility (1909).djvu/238

 218 This quasi-episcopal position was considered by the Congregation to qualify them for admission to the Vatican Council. These decisions were of great significance, as they added, it is said, almost two hundred votes.

Secondly, as to regulations for procedure, the Cardinals asserted that the Pope alone had the right to introduce matters for discussion. Otherwise, argued the Cardinals, the Council would become a constitutional chamber. But a Council is only summoned to discuss what the Pope desires to have discussed; not to introduce their individual conceptions of what ought to be done. If any reminiscences of the principles of Constance, Pisa, and Basle floated before the Cardinals' memories; if any distant echo of their predecessors' intention to reform the Church in its head and members haunted them; it was instantly condemned by the theory now introduced. By way of dispelling the possible objection that the Pope might omit important matters, the Cardinals observed that it is an unlikely thing, that it must be left to Providence, and that you cannot expect perfection in human affairs. Whatever, therefore, the Bishops desire to introduce for conciliar discussion, they must report it, not to the Council, but to the Pope or to his representative; and the Pope will determine whether its introduction is desirable or not. The Cardinals recommend that a Commission should be created for this purpose.

In the third place, it was thought desirable that four permanent Commissions should be formed: one on faith; one on discipline; one on religious orders; one on missions. It was suggested that two-thirds of the members should be chosen by the Bishops and one-third by the Pope. Pius, however, decided


text:
Oscar Wilde

Biographies

 * Oscar Wilde (1916), a biography by Frank Harris
 * Oscar Wilde (1917), a biography by Edgar Everston Saltus

Essays

 * "Oscar Wilde" (1926), an essay by Stuart Pratt Sherman

Poems

 * "Oscar Wilde" (1928, "If, with the literate, I am"), a poem by Dorothy Parker

title: Oscar Wilde


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] that the selection should be entirely left to the Bishops.

Another question creating no inconsiderable discussion was whether the Bishops should be required to pronounce a profession of faith. The problem was whether the dogma of the Immaculate Conception should be included. It was contained in no existing formula of faith. Some were adverse to its introduction. Others thought it impossible for the Council to ignore the existence of this dogma. Some again held that since the dogma had already been declared by the Pope, there could be no necessity to insert it in a Council's decree. For this reason it ought to be recited in the profession of faith. Nevertheless it was held wiser not to introduce it, for fear of producing upon the Bishops a bad impression. Accordingly it was decided to fall back on the Creed of the Council of Trent.

In the Commission a discussion was also held on the burning question of pontifical Infallibility. Two questions were raised: Was it definable? was it opportune? The former was answered in the affirmative. So was the latter, but with the proviso that it ought not to be proposed by the Holy See, except at the request of the Bishops. Accordingly no further mention was made of the subject in the Cardinal's report. Nevertheless they did not cease to study it.

2. The external preparation for the Council, beyond the limits of the Roman body, consisted in a series of letters and announcements to the other Churches of Christendom.

Three Papal letters were issued in reference to the Council's actual assembling.


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Page:A descriptive and historical account of the Godavery District in the presidency of Madras (IA descriptivehisto00morrrich).pdf/138

 120 THE GODAVERY DISTRICT,

think we must consider the works to have gone on well, considering our cireumstances. Our principal difficulty has heen, and is, the keeping the peoplo to their work. There has been very consider- able waste in some part of the operations, especially in the embank- ment, from their idling; but as this has arisen mainly from the great numbers of people employed before we had sufficient superin- tendence, and from things being at first in disorder, compared with the state we may hope to get them into after a time, we may hope that, in this respect also, there will be nothing to complain of, par- ticularly with the additional European superintendence that we shall now have, é 4

“That we have made the progress which we have, is entirely owing to Mr. Henry Forbes, the Sub-Collector, whose vigorous and active measures have already roused the District to a degree that could not have been expected ; and it may be said, indeed, that ag respects the getting public and private improvements effected, the District is ten years in advance of what it was a few months ago. The people have come freely from all parts of the District, and both they and the native public servants now fully understand that great ima- provements can be effected. Tho actual use of the Godavery water from the new channel, as far as Samulcotta, over an entirely new tract, has also, no doubt, helped to enable the people to realize the practicability of improving the state of the District.

“With respect to the estimate, as we have uot yeb trenched on the largest items, I cannot speak vonfidently, but, so far as we have gone, I think there has been a fair result for the money expended. About one and a haif laes of rupees will be laid out in railways, boats, buildings, and machinery, al! which will be of use in the exceution of the remaining works included in the estimate of twelve lacs.” *

The estimate was, however, insnflicient. About a year later Major Cutton reported that from various causes, such as want of stone to complete the rough-slone dams, and inability to use steam on the railways, because the locomotives had uot been sup- plied, the expenditure had greatly excoeded the estimate, althongh the works were uot half finished. He requested sanction, therefore, to expend 139,100 rupecs more. The Government of Madras, while soliciting the orders of the Court of Dircetors for this sum, observed that the Civil Engineer had noé sufficient data in the present state of the works for estimating the ultimate expenditure, and that they

�
 * Report, dated August 18, 1847.


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 220 First the Bull summoning the Bishops of the Roman Communion [29th June 1869], together with the Abbots, and all persons qualified either by right or privilege; requiring them, and exhorting them by their fidelity to the Roman See, and under the penalties appointed for disobedience, to attend at the Vatican on 8th December.

Was it accident or design which twice over introduced into this letter the famous phrase majorem Dei gloriam? Certainly it was not accident which omitted from the enumeration of the Council's uses and purposes all reference to the problem of pontifical Infallibility, and rested content with a general allusion to the wise ordering of those things which pertain to defining dogmas of faith.

A second letter was directed to the Bishops of the Oriental rite not in communion with the Apostolic See. In this letter a solicitude is expressed for all Christians everywhere; more especially for those Churches which were formerly united with the Apostolic See, but now by the machinations of the Author of all schisms are unhappily parted. The Oriental Bishops are entreated to come to this General Synod, as their fathers came to that of Florence in order to be reunited to the Apostolic See, which is the centre of Catholic truth and unity.

Another letter was directed to all Protestants and other non-Catholics. They are aware that Pius has thought it desirable to summon all Catholic Bishops to a Council at Rome. He is confident that this will issue to the greater glory of God. He calls upon them to reconsider whether they are following the way presented by Christ. No community can form a part


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 2 THE GODAVERY DISTRICT,

particularly near the coast, The north is mountainous, The hills, which commence near the coast in the north-east, and extend along thé whole northern frontier of the District proper, are very unhealthy. The highest point is to the west of the magnificent gorge through which the Godavery enters ihe District. It is called Papi-konda by the natives, and the Bison Range by the English. Its elevation is 4200 feet. The scenery of these mountains, particularly in the neighbourhood of the river, where the charm of water is added to the beauty of mountain and forest, is exceed- ingly picturesque. The sides of the mountains are clothed with luxuriant forests of teak, interspersed with bamboo and a thick undergrowth of forest shrubs.

The river Godavery rises at Trimbak, a village about sixteen tiles west of Nasik, and about fifty miles from the sea. The place which is traditionally regarded as the source of the river is on a hill behind the village. It is approached by a flight of 690 stone steps, flanked by a low stone wall. At the top of these steps is a stone platform built at the foot of the rock, out of which, drop by drop, issues the water of the stream, and an image under a canopy has been so placed that the water trickles through its mouth into a reservoir. *

After loaving Nasik, the Godavery flows in an easterly direction, slightly declining towards the south, until, after it has completed a course of 659 miles, it receives, at Sironcha, the noble aftluents, the Wardhs, the Painganga, and the Wainganga, united in the single stream called the Pranhita. The remaining course of the Godavery to the sea is 200 miles, and before it enters this District it receives on the left two more considcrable affluents, namely, the Indravati and the Sabari. The following account of the course of the river from the Falls of the Wardh4 to the gorge is taken from a deserip- tion by Sir Richard Temple, who was formerly Chief Commissioner of the Central Provinces :—

«Starting from the Falls of the Wardh4 near Hinganghat, the voyager would sce on the right hand the wild hilly country of the Nizam’s dominions, and on the left, or British side, a broad level yalley covered with cultivation. Further down the river, past the junction of the Painganga, as tho third or upper barricr is approached, the rich valley on the left becomes narrower and narrower, moro

 * Madras Chureh Miseionary Record for March 1873,

�


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Page:Antitrust Guidelines for the Licensing of Intellectual Property.pdf/4

 copyright does not preclude others from independently creating similar expression. Trade secret protection applies to information whose economic value depends on its not being generally known. Trade secret protection is conditioned upon efforts to maintain secrecy and has no fixed term. As with copyright protection, trade secret protection does not preclude independent creation by others.

The intellectual property laws and the antitrust laws share the common purpose of promoting innovation and enhancing consumer welfare. The intellectual property laws provide incentives for innovation and its dissemination and commercialization by establishing enforceable property rights for the creators of new and useful products, more efficient processes, and original works of expression. In the absence of intellectual property rights, imitators could more rapidly exploit the efforts of innovators and investors without providing compensation. Rapid imitation would reduce the commercial value of innovation and erode incentives to invest, ultimately to the detriment of consumers. The antitrust laws promote innovation and consumer welfare by prohibiting certain actions that may harm competition with respect to either existing or new ways of serving consumers.

2 General Principles

2.0 These Guidelines embody three general principles: (a) for the purpose of antitrust analysis, the Agencies apply the same analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right; (b) the Agencies do not presume that intellectual property creates market power in the antitrust context; and (c) the Agencies recognize that intellectual property licensing allows firms to combine complementary factors of production and is generally procompetitive.


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Page:A descriptive and historical account of the Godavery District in the presidency of Madras (IA descriptivehisto00morrrich).pdf/19

 THE GODAVERY DISTRICT.

CHAPTER I. GENERAL DESCRIPTION OF THE DISTRICT,

BOUNDANIES AND AREA—- DESCRIPTION OF TIE RIVER GODAVERT— GENERAG SURVEY OF TH DELTA—STATISTICAL DESCRIPTION OF THE VARIOUS DIVISIONS OF THE DISTRICT.

Tue Godavery District is one of the five Northern Circars, which form the most northern province of the Presidency of Madras, I¢ is of a rather irregular shape, but compact and accessible, its length being not very much greater than its breadth, and Rajahmundry, the principal town, being situated almostin the centre. It is divided into nearly equal parts by the river Godavery. It lies between 16” 18’ and 17° 56° 35” N, lat, and 80° 56’ and 82° 40’ E. Jong. It is bounded on tho north by the territory of His Highness the Nizam, and the Central Provinces; on the north-east by the District of Vizagapa- tam; on the cast and south by the Bay of Bengal; and on the west by the Kistna District. Its area is 6224 square miles,

The District forms a portion of the rich belt of land which fringes tho Bay of Bengal, and extends to the sea from the mountains that gird the peninsula on the eastern coast. The southern part of the District is flat, and exceedingly fertile, especially where it is irri- gated by the innumerable canals and channels which branch from the river. Green fields of paddy extend in every direction, diver- sified by gardens of plantains, betelnut, and cocoa-nut, and innu- merable palmyras aro dotted over the surface of the country,

�


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 2.1 Standard Antitrust Analysis Applies to Intellectual Property

The Agencies apply the same general antitrust principles to conduct involving intellectual property that they apply to conduct involving any other form of property. That is not to say that intellectual property is in all respects the same as any other form of property. Intellectual property has important characteristics, such as ease of misappropriation, that distinguish it from many other forms of property. These characteristics can be taken into account by standard antitrust analysis, however, and do not require the application of fundamentally different principles.

Although there are clear and important differences in the purpose, extent, and duration of protection provided under the intellectual property regimes of patent, copyright, and trade secret, the governing antitrust principles are the same. Antitrust analysis takes differences among these forms of intellectual property into account in evaluating the specific market circumstances in which transactions occur, just as it does with other particular market circumstances.

Intellectual property law bestows on the owners of intellectual property certain rights to exclude others. These rights help the owners to profit from the use of their property. An intellectual property owner’s rights to exclude are similar to the rights enjoyed by owners of other forms of private property. The antitrust laws generally do not impose liability upon a firm for a unilateral refusal to assist its competitors, in part because doing so may undermine incentives for investment and innovation. As with other forms of private property, certain types of conduct with respect to intellectual property may have anticompetitive effects against which the antitrust laws can and do protect. The exercise of intellectual property rights is thus neither particularly free from scrutiny under the antitrust laws, nor particularly suspect under them.


text:
Author:Fujiwara no Kanesuke

Works

 * Gosen Wakashū (as contributor)
 * Kokin Wakashū (as contributor)
 * Kokin Wakashū (as contributor)

title: Author:Fujiwara no Kanesuke


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Page:A descriptive and historical account of the Godavery District in the presidency of Madras (IA descriptivehisto00morrrich).pdf/21

 GENERAL DESCRIPTION OF THE DISTRICT. 3

and moro trenched upon by hill and forest, till it is restricted to a fringe of eultivation along the river’s bank, while, on the right, the country somewhat improves, and, though still hilly, is more open. The junction of the Wainganga is hidden from view hy the hifls. he barrier itself lies elosed in by rocky hills and dense forests, a narrow strip being left on the right bank. Below the barrier the iver is called the Pranhita. On the left the hills at first arrange them- sclyes in picturesque groups, onc of which has been compared to the group of the Seven Mountains on the Rhine, and after that continue for many miles almost to overhang the river, sometimes displaying the fine foliage and blossoms of the teak-tree down to tho water's edge. On the opposite side the next noticeable feature is the mouth of the Bibria stream, justly noted for its beauty. Further down, on the left side, the only point of note is Sironcha, with its old fort over- looking the water ; the country continuing to be hilly or jungly with patches of cultivation. But, on the other side, the junction of the Godavery proper causes great, tongues of land and broad basins to be formed, all which are partially cultivated, and are dotted over by several towns. Then hills of some variety and beauty cluster thick round the second or middlo barrier. The junction of the Indrdvati also is concealed by the hills. Below this, on the left side, long ranges of hills, rising one above the other, ran almost parallel with the river, till the junction of the T4l is reached. On the opposite side the country is more cultivated and open, and marked by the towns of Nagaram and Mangampet. Below the latter place, again, the sacred hill of Rutab Gutta rises into view, immediately opposite to Dumagidem, where the headquarters of the navigation department are established, Proceeding downwards, at tho first or lower bar- Tier tho country is comparatively level on both sides, and this bar- tier is far less formidable than the two preceding ones. Below the barrier, down to the junction of the Sabari, the prominent object on the British side consists of the small hills of Bhadraéchalam, crowned with the cupolas, cones, and spires of Hindu temples. On the opposite side is the Tank region, which extending inland somo 250 miles to heyond Warangole, the capital of the anciont Telingana, is marked by the remains of countless works of agricultural improyve- ment, attesting a wisdom in the past not known to the native dynas- ties of the present. Near the junction of the Sabari the river scenery begins to assume an imposing appearance. Hitherto, as it passed each barrier and gained successive steps in its course, the �


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 4 THE GODAVERY DISTRICT.

river has been increasing in width, gencrally being a mile broad, and sometimes eyen two anda half miles. Here also the whole range of the Eastern Ghauts comes fully into view, some 2500 feet high, bounding the whole horizon, and towering over all the lesser and detached hills that flank the river. Passing the Sabari junction, the Godavery becomes more and more contracted and pressed on either side by spurs of the main range, till at length it forces a passage between them, penetrating by an almost precipitous gorge throngh the heart of the mountains that mark the frontier of the Central Provinces,” *

The gorge through which the Godavery enters the plains forms one of the most beautiful pieces of scenery in Southern India. The best time to seo it in all its grandeur is, unfortunately, the most dangerous to the health. During the rainy, and, consequently, the feverish, season the forest trees put on their most luxuriant foliage, whereas later in the season, the underwood, especially the bamboos, and the grass, aro parched by the continual glaro of the sun; and the river itself is not at its full height. Ihave seen the gorge at both seasons; I have looked down on the river from the mountains which overhang it; and I have passed through the winding stream, as the early morn- ing sun gradually lightod up hill after hill, leaving the water in shade, and as the sotting sun has gradually left the valley in gloom; and I can confidently assert that I have never witnessed moro exquisite scenery even on the Neilgherries or the Shevaroys. As the steamer glides into the gorge, the low, broken hills which had previously adorned the banks of the rivor disappear, and the moun- tains close up to the water's edge, in one place the two sides approaching as near each other as 200 yards, and the precipitous banks appearing near enough even to be touched. They then open out, and again approach each other, forming successively beautiful little lakes, resembling Highland lochs, from which thore is appa- rently no outlet. Sir Charles Trevelyan compares the scenery to that of the Rhine between Coblentz and Bingen; but it lacks the signs of human life which adorn, and the historical antiquities which beautify, the Huropean stream. Here and there a faint line of smoke indicates the existence of a Koi village; but the hills are very sparscly inhabited, and there are yory few villages near the river-banks,

 * Gront’s Gavetteer of the Central Provinces, 2d edition, p. 198.

�


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 GENERAL DESCRIPTION OF THE DISTRICT, 5

When it enters the plain, the river widens. It passes the large villages of Dévipatnam and Purushottapatnam on the left bank, and Pélavaram and Giitdla on the right. Before reaching Gutala, it passes round the picturesque island of PAta-Patesham, on which there is a Hindu temple situated on a craggy hill, whither hundreds of pilgrims flock at the annual festival in the month of February. Here, and in the whole of its future downward course, the rapid stream continually forms new islands or modifies old ones; and these constant changes are the fruitful source of litigation between the riparian proprietors, Tho friction of the water, which every year, during the freshes, brings down in its course the most fertilis- ing alluvial soil, renders these islands exceedingly fruitful, the tobacco for which this District is noted being the crop most commonly grown, Tt has received the name of “Lanka tobacco,” from the word lanka, whieh signifies “an island.” Many of these islands are covered in December and January with the reflz or flowering reed, which, when its wavy white flowers bend before the breeze, is as beautiful as a ficld of ripened wheat. As the river draws near Rajahmundry, it presses against the right bank, which is, in many places, cut down precipitously by the action of the stream, and Télapadi, and other villages, which used to be a little distance from the river, are now on the very verge of the bank. Passing Rajahmundry on the left bank— where the court-house, the judge's residence, the great pagoda, and the houses in the western part of the town, with tho hills in the distance, form a charming scene—it is barred at Dowlaishweram by the celebrated Annicnt, by which the water is kept back during the dry season, and distributed in every direction throughout the delta by innumerable watercourses and canals.

At Dowlaishweram the Godavery is divided into two large streams—the eastern, flowing past Yanam and Nilapalli, and falling into the Bay of Bengal near Capo Gordeware or Godavery; and the western, flowing nearly due south, and entering the bay at Point Nursapore. A few miles above this mouth another large branch separates from the river, and fulls into the bay near Bendamurlanka, forming the island of Nagaram. The three early English factories, Injaram, Bendamirlanka, and Madapollam, were situated near these three prineipal mouths of the Godavery. The rich delta was formerly known by the name of Kéna Shima. The Hindus say that there -are seven branches by which the river debouches into the sea, the principal of which are the Gautami, the Vriddha �


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 6 THE GODAVERY DISTRICT.

er the Old Gantami, the Vaimatéyam, the Kausika, and the Vasishta.

The Godavery is regarded by the Hindus as a peculiarly sacred stream. It is considered to flow from the same source as the Ganges, but underground, and it is frequently called by the same name. The eastern branch, after its division into several streams at Dowlaishweram, ia called the Gautami, and, if possible, is looked on ag more holy than the rest of the river. Once every twelve years a feast called Pushharam is held on the banks of the Godavery, in turn with the cleven other sacred streams of India, and pilgrims come from all parts of the land to bathe in its waters. At its sourec, near Trimbak ; in every part of its downward course, especially at the pagoda a little north of Rajahmundry, and at Kétiphali on the left bank of the eastern stream ; it is considered to be peculiarly sacred at these times, and every sin is considered to be washed away by those who bathe in it. Crowds gather on the river-bank morning, noon, and night, and convert the most favoured resorts into hugo standing camps for the twelve days during whieh the festival lasts.

The District consists of nine Taluks and of four Divisions, as men- tioned below. The former include Government villages, and small Zemindéri and Proprietary cstatcs, The latter comprise only Zemindari and Proprietary villages,

TALUKS, Divisions. i. Ramachandrapuram ) 2. Naras4pnram x, Cocanada, 3. Amalépuram i) 4. Tanuku } 5. Bhimayaram

6, Rajahmundry 7. Pedd&puram

8. Ellore 2 9. Yarnagidem } ca

2. Pittapuram.

\ 3. Coringa,

The Taluks of Bhadrachalam and Rekapalli have recently been transferred to this District from the Central Provinces, and have been placed under the provisions of the Scheduled Distriets Act (No. xiv, of 1874).

/ . �


text:
Author:Minamoto no Muneyuki

Works

 * Muneyukishū
 * Muneyukishū

title: Author:Minamoto no Muneyuki


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Page:Frenzied Fiction.djvu/91

 Rh Then I dropped in casually upon one of my friends.

“Well,” I said, “I’m off to New England to spend a month naked.”

“Nantucket,” he said, “or Newport?”

“No,” I answered, speaking as lightly as I could. “I’m going into the woods and stay there naked for a month.”

“Oh, yes,” he said. “I see. Well, goodbye, old chap—see you when you get back.”

After that I called upon two or three other men to say a brief word of farewell. I could not help feeling slightly nettled, I must confess, at the very casual way in which they seemed to take my announcement. “Oh, yes,” they said, “naked in the woods, eh? Well, ta-ta till you get back.”

Here was a man about to risk his life—for there was no denying the fact—in a great sociological experiment, yet they received the announcement with absolute unconcern. It offered one more assurance, had I needed it, of the degenerate state of the civilization upon which I was turning my back.

On my way to the train I happened to run into a newspaper reporter with whom I have some acquaintance.

“I’m just off,” I said, “to New England to spend a month naked—at least naked all but

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Page:Calcutta Review Vol. II (Oct. - Dec. 1844).pdf/333

328 Such, according to Mr. Adam, is the sketch of a completed course of Bengali instruction; but he distinctly cautions us, that it “must be regarded rather as what it is intended to be, than what it is;” for “most of the schoolmasters whom he met were unqualified to give all the instructions here described, although he has thus placed the amount of their pretensions on record.” All, however, he adds, “do not even pretend to teach the whole of what is here enumerated; some professing to limit themselves to agricultural, and others to include commercial accounts; while the most of them appeared to have a very superficial acquaintance with both.”

In estimating the nature and amount of the instruction received, Mr. Adam very properly directs special attention to the fact, that “the use of printed books in the native language appears hitherto to have been almost wholly unknown.” Yea, scarcely one even of the schoolmasters “ had ever before seen a printed book; those which he presented to them from the Calcutta School-book Society being viewed more as curiosities than as instruments of knowledge.” And not only are printed books not used in these schools, but in many whole thanas even manuscript text-books are unknown; and in all the districts, except Moorshedabad and Burdwan, the number of schools in which written works are not employed vastly exceeds the number in which they are employed. Thus, in Beerbhoom, the number of the former is 398, and of the latter only 13; in South Behar, of the latter 283, and of the former only 2. How, then, it may be asked, in the latter description of schools, is the business of education conducted? Why, simply thus:—All that the scholars learn is acquired from the oral dictation of the master. What is so acquired is firmly lodged in the memory, by dint of incessant repetition, without any understanding for a long time of what meaning the sounds, so imitated and repeated, convey. Or, at other times, it may, from oral dictation, be committed to writing.

But the point of chiefest importance is that which concerns the subject-matter of what is taught, whether orally, or by the aid of manuscript text-books. What constitutes the staple or substance of the intellectual, moral, and religious provision which is supplied to the opening minds of ingenuous Hindu youth? As regards the use of particular pieces or compositions, there is considerable variety; some being employed in one locality, and others in another,—one or two only being found in some schools, and a larger number in others. But, as regards their general and essential character, there is a distressing samenesss—a terrible uniformity. Apart from the rhyming arithmetical rules of Sub-


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Rh hankar—a writer whose name is as familiar in Bengal as in England, without any one knowing who or what he was, or when or where he lived—these scholastic compositions and text-books consist of translated extracts of wild and extravagant legends from the Purans and other shastras, more particularly works describing the adventures and loves of Radha and the incarnate god, together with the boyish amusements of the latter,—such as his boating pleasures on the , in the neighbourhood of , and the tricks which he played the milkmen with his youthful companions. There are also hymns or songs without number in praise of the goddess, and other popular divinities. But the works or pieces that are best known, and in most general use, throughout the country, appear to be the following:—The Chanakya, a series of slokes or brief sententious sayings in the proverbial style, avowedly in praise of learning and precepts of morality; the Ganga Bandana, describing the virtues of the river goddess; the Saraswati Bandana, or “Salutation to the Goddess of Learning,” which is committed to memory by frequent repetitions, and is daily recited by the scholars in a body before they leave school, all kneeling with their heads bent to the ground, and following a leader or monitor in the pronunciation of the successive times or couplets; the Guru Bandana, a doggrel composition, containing an expression of the respect and devotion due from the scholar to his teacher; the Guru Dakhina, another doggrel composition, which, in glowing terms, describes the fee or reward which Krishna and his brother gave to their teacher, after having finished their education, and which is constantly sung by the elder boys of a school from house to house, to elicit donations for their master; and lastly, the Data Karna, illustrating the beneficence and hospitality of, the prime-minister of , and the  of India.

But no mere general description can convey the remotest conception of the genuine nature and character of these almost universally current school compositions. Mr. Adam, in his report, furnishes no particulars. But having, through the kindness of some educated native friends, got possession of authentic copies of the originals of most of them, accompanied with literal translations in English, we feel tempted to do what alone can convey any adequate impression, and that is, to supply a few specimens. Of


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Page:History of the Literature of the Scandinavian North.djvu/182

164 1588 his royal patron died, his rivals and enemies at court began to denigrate and revile him in every possible manner; so that he at length, weary of their unceasing persecutions, resolved to leave his country forever. He was at first received by the Vice-regent of Holstein, the learned Count Heinrich Rantzau, who placed at his disposal the castle of Wandsbeck. Here he published in 1598 a description of his observatories and instruments with illustrations, under the title "Astronomiæ Instauratæ Mechanica," and this superb work he dedicated to the German Emperor, Rudolph II. The latter invited him to come to Prague and promised him solid support for the continuation of his studies. Tyge Brahe accepted the invitation, but was soon disappointed in his expectations, for the emperor, who was continually in financial straits, was unable to keep the splendid promises he had made to him, and Brahe was obliged to work under rather discouraging conditions. In addition to this Tyge Brahe had in Keppler found an assistant, who soon discovered the errors on which Brahe's whole system was based. The latter did not long survive its master, who died in 1601, though in the eyes of the men of that age it possessed this advantage over the Copernican system, that it was in harmony with the Bible, while the latter conflicted with the Scriptures. And still Tyge Brahe made his name immortal through his services to astronomy, since he, in spite of his errors and his astrological daydreams, made positive contributions to the progress of science. For thirty years he had made regular and careful observations in regard to the movements of the planets. These he had recorded and used as the basis of calculations, and it was only on the foundation of these vast preliminary labors, which in accuracy surpassed all that practical astronomy had previously achieved, that Keppler was able to produce his celebrated theories and laws. As has been well said: "Tyge Brahe made the observations, Keppler discovered the law, and Newton conceived the nature of the law." That stupidity and reckless hatred, which had driven Denmark's greatest


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Page:Antitrust Guidelines for the Licensing of Intellectual Property.pdf/6

 The Agencies recognize that the licensing of intellectual property is often global. Consideration of whether the U.S. antitrust laws apply to such intellectual property-related conduct and whether international comity or the involvement of a foreign government counsels against investigation or enforcement may be necessary. When the Agencies determine that a sufficient nexus to the United States exists to apply the antitrust laws and that considerations of international comity and foreign government involvement do not preclude investigation or enforcement, the principles of antitrust analysis described in these Guidelines apply equally to all licensing arrangements.

2.2 Intellectual Property and Market Power

Market power is the ability profitably to maintain prices above, or output below, competitive levels for a significant period of time. The Agencies will not presume that a patent, copyright, or trade secret necessarily confers market power upon its owner. Although the intellectual property right confers the power to exclude with respect to the specific product, process, or work in question, there will often be sufficient actual or potential close substitutes for such product, process, or work to prevent the exercise of market power. If an intellectual property right does confer market power, that market power does not by itself offend the antitrust laws. As with any other asset that enables its owner to obtain significant supracompetitive profits, market power (or even a monopoly) that is solely “a consequence of a superior product, business acumen, or historic accident” does not violate the antitrust laws. Nor does such market power impose on the intellectual property owner an obligation to license the use of that property to others. As in other antitrust contexts, however, an intellectual property owner could illegally acquire or maintain market power. Furthermore, even if it lawfully acquired or


text: Author:Ōshikōchi no Mitsune

title: Author:Ōshikōchi no Mitsune


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Page:Antitrust Guidelines for the Licensing of Intellectual Property.pdf/7

 maintained that power, the owner could still engage in anticompetitive conduct in connection with such property.

2.3 Procompetitive Benefits of Licensing

Intellectual property typically is one component among many in a production process and derives value from its combination with complementary factors. Complementary factors of production include manufacturing and distribution facilities, workforces, and other items of intellectual property. The owner of intellectual property has to arrange for its combination with other necessary factors to realize its commercial value. Often, the owner finds it most efficient to contract with others for these factors, to sell rights to the intellectual property, or to enter into a joint venture arrangement for the development of the intellectual property, rather than supplying these complementary factors itself.

Licensing, cross-licensing, or otherwise transferring intellectual property (hereinafter “licensing”) can facilitate integration of the licensed property with complementary factors of production. This integration can lead to more efficient exploitation of the intellectual property, benefiting consumers through the reduction of costs and the introduction of new products. Such arrangements increase the value of intellectual property to consumers and owners. Licensing can allow an innovator to capture returns from its investment in making and developing an invention through royalty payments from those that practice its invention, thus providing an incentive to invest in innovative efforts.

Sometimes the use of one item of intellectual property requires access to another. An item of intellectual property “blocks” another when the second cannot be practiced without using the first. For example, a patent on a machine may block an improved version of that machine. Licensing may promote the development of such technologies that are otherwise in a blocking relationship.

Field-of-use, territorial, and other limitations on intellectual property licenses may serve procompetitive ends by allowing the licensor to exploit its property as efficiently and effectively as possible. These various forms of exclusivity can be used to give a licensee an incentive to invest in the commercialization and distribution of products embodying the licensed intellectual


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 property and to develop additional applications for the licensed property. The restrictions may do so, for example, by protecting the licensee against free riding on the licensee’s investments by other licensees or by the licensor. They may also increase the licensor’s incentive to license, for example, by protecting the licensor from competition in the licensor’s own technology in a market niche that it prefers to keep to itself. These benefits of licensing restrictions apply to patent, copyright, and trade secret licenses, and to know-how agreements.

Example 1

Situation: ComputerCo develops a new, copyrighted software program for inventory management. The program has wide application in the health field. ComputerCo licenses the program in an arrangement that imposes both field of use and territorial limitations. Some of ComputerCo’s licenses permit use only in hospitals; others permit use only in group medical practices. ComputerCo charges different royalties for the different uses. All of ComputerCo’s licenses permit use only in specified portions of the United States and in specified foreign countries. The licenses contain no provisions that would prevent or discourage licensees from developing, using, or selling any other program, or from competing in any other good or service other than in the use of the licensed program. None of the licensees is an actual or potential competitor of ComputerCo in the sale of inventory management programs.

Discussion: The licenses at issue appear to facilitate the combination of ComputerCo’s copyrighted software with the licensee health care providers’ complementary factors of production and may offer potential procompetitive benefits. The key competitive issue raised by the licensing arrangement is whether it includes any provisions that are likely to harm competition among entities that would have been actual or potential competitors in the absence of the arrangement. Such harm could occur if, for example, the licenses anticompetitively foreclose access to competing technologies (in this case, most likely competing computer programs), prevent licensees from developing their own competing technologies (again, in this case, most likely computer programs), or facilitate market allocation


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Page:Frenzied Fiction.djvu/92

 Rh my union suit—in the woods; no doubt you’ll like a few details about it for your paper.”

“Thanks, old man,” he said, “we’ve pretty well given up running that nature stuff. We couldn’t do anything with it—unless, of course, anything happens to you. Then we’d be glad to give you some space.”

Several of my friends had at least the decency to see me off on the train. One, and one alone accompanied me on the long night-ride to New England in order that he might bring back my clothes, my watch, and other possessions from the point where I should enter the woods, together with such few messages of farewell as I might scribble at the last moment.

It was early morning when we arrived at the wayside station where we were to alight. From here we walked to the edge of the woods. Arrived at this point we halted. I took off my clothes, with the exception of my union suit. Then, taking a pot of brown stain from my valise, I proceeded to dye my face and hands and my union suit itself a deep butternut brown.

“What’s that for?” asked my friend.

“For protection,” I answered. “Don’t you know that all animals are protected by their peculiar markings that render them invisible? The caterpillar looks like the leaf it eats from;

title: Page:Frenzied Fiction.djvu/92


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Page:Operation Crossroads 1946.pdf/68

 CHAPTER 3

CROSSROADS EXPERIMENTAL PROGRAM

INTRODUCTION

In late 1945 and early 1946 several conferences were held by the Manhattan Engineer District Project with the military services. It was agreed that the CROSSROADS program should gather data:

 * On the nature, range, and duration of radiation danger

 * On bomb efficiency, burst location, wave formation, and ship movement

 * For ship designers and ordnance designers to aid in assessing damage from and designing protection against nuclear weapons

 * That would be helpful in learning to detect nuclear detonations.

As a result, CROSSROADS had two experimental programs. The first was to determine nuclear weapon effects on military equipment, such as ships, planes, and supplies, and on animals. The second was to measure weapon phenomena such as blast, heat, radiation, and wave action. The ABLE and BAKER tests were not weapon development tests; in fact, the bombs used were of the same design as the one dropped on Nagasaki, Japan.

The Deputy Task Force Commander for Technical Direction had responsibility for both experimental programs. To accomplish this mission he had two organizations under his control. The first was the Ship Material and Inspection Division, headed by the Director of Ship Material (DSM), and the second was the Instrumentation Division, headed by the Technical Director.

EFFECTS ON MILITARY EQUIPMENT

The Ship Material and Inspection Division was responsible for determining weapon effects on military equipment. The organization of the Ship Material and Inspection Division contained both Army and Navy elements (see Figure 13). Responsibilities included preparing the ships, aircraft, equipment, supplies, and animals for each test and determining the exact cause and extent of damage. Decontaminating ships and material after the second test also became a responsibility of this group. Duties included distinguishing between damage caused by the direct effects of the explosion and damage caused by indirect effects such as fires and flooding. Table 4 shows the exposures received by personnel in each of the groups under the DSM.

The DSM set up a two-phase program to accomplish his mission. The first phase was readying the target ships, aircraft, and equipment and included conditioning, loading, instrumenting, and preparing specific equipment, and

63

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 or price-fixing for any product or service supplied by the licensees. If the license agreements contained any such provision, the Agency evaluating the arrangement would analyze its likely competitive effects as described in parts 3-5 of these Guidelines.

In this hypothetical, there are no such provisions and thus the licensing arrangement does not appear likely to harm competition among entities that would have been actual or potential competitors if ComputerCo had chosen not to license the software program. The arrangement is merely a subdivision of the licensor’s intellectual property among different fields of use and territories. The Agency therefore would be unlikely to object to this arrangement. The Agency’s conclusion as to likely competitive effects could differ if, for example, the license barred licensees from using any other inventory management program.

3 Antitrust Concerns and Modes of Analysis

3.1 Nature of the Concerns

While intellectual property licensing arrangements are typically welfare-enhancing and procompetitive, antitrust concerns may nonetheless arise. For example, a licensing arrangement could include restraints that adversely affect competition in goods markets by dividing the markets among firms that would have competed using different technologies. An arrangement that effectively merges the activities of two actual or potential competitors in research and development in the relevant field might harm competition for development of new goods and services. An acquisition of intellectual property may lessen competition in a relevant antitrust market. The Agencies will focus on the actual or likely effects of an arrangement, not on its formal terms.

The Agencies ordinarily will not require the owner of intellectual property to create competition in its own technology. However, antitrust concerns may arise when a licensing arrangement


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Page:Frenzied Fiction.djvu/93

 Rh the scales of the fish counterfeit the glistening water of the brook; the bear and the ’possum are coloured like the tree-trunks on which they climb. There!” I added, as I concluded my task. “I am now invisible.”

“Gee!” said my friend.

I handed him back the valise and the empty paint-pot, dropped to my hands and knees—my camera slung about my neck—and proceeded to crawl into the bush. My friend stood watching me.

“Why don’t you stand up and walk?” I heard him call.

I turned half round and growled at him. Then I plunged deeper into the bush, growling as I went.

After ten minutes’ active crawling I found myself in the heart of the forest. It reached all about me on every side for hundreds of miles. All around me was the unbroken stillness of the woods. Not a sound reached my ear save the twittering of a squirrel, or squirl, in the branches high above my head, or the far-distant call of a loon hovering over some woodland lake.

I judged that I had reached a spot suitable for my habitation.

My first care was to make a fire. Difficult though it might appear to the degenerate dweller of the city to do this, to the trained

title: Page:Frenzied Fiction.djvu/93


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Page:Operation Crossroads 1946.pdf/69

Figure 13. Organization of Ship Material and Inspection Division, Operation CROSSROADS (source: Reference C.9.206).

64

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Page:Manual of the New Zealand Flora.djvu/559

Veronica.] lobes subequal, oblong, obtuse. Capsule elliptic-ovate, acute, compressed, twice as long as tbe calyx.—''Bot. Mag. t. 6390, and t. 7296, f. 5; Masters in Gard. Chron. 1873, p. 1046; Armstr. in Trans. N.Z. Inst.'' xiii. (1881) 351.

32. V. subalpina, Cockayne in Trans. N.Z. Inst. xxxi. (1899) 420.—A much-branched erect shrub 3–6 ft. high; branches suberect or spreading, terete, glabrous or the younger ones minutely puberulous, leafy above, below ringed with the sears of the fallen leaves. Leaves spreading, sessile, ¾–1½ in. long, ⅕–⅓ in. broad, lanceolate or oblong-lanceolate, broadest below the middle, acute or subacute, subcoriaeeous, pale glistening green, slightly concave above when fresh, flat when dry, margins entire. Racemes 2–4 near the tips of tbe branches, equalling the leaves or longer than them, 1–2 in. long, simple, dense- or lax-flowered; rhachis slender, puberulous; lower pedicels slender, usually exceeding the calyx; bracts small. Calyx deeply 4-partite; segments ovate-lanceolate or ovate-oblong, acute, margins ciliolate. Corolla-tube short and broad, hardly exceeding the calyx; limb longer than the tube, 4-lobed; lobes oblong, obtuse. Capsule ¼ in. long, ovate, acute, compressed, about twice as long as the calyx.

Nelson—Clarence Valley, ''Kirk! T. F. C.; Lake Tennyson, T. F. C. Canterbury—Arthur's Pass and Upper Waimakariri, Enys! Kirk!''


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Page:The spirit of the Hebrew poetry 1861.djvu/131

 security and repose shall be—not precarious, but perpetual.

Toward this model Idea, embodied as it has been in the early history of the human family, and authenticated as good for its time, by the apostolic recognition of it, religious feeling in all times has constantly shown itself to be tending. At times and in places when and where the patriarchal well-being has been wholly unattainable, there came, in the room of it, or as its best substitute, the earlier and the less fanatical form of the monastic life—the anchoretic—not the conventual—the sentimental and mystical, rather than the ascetic; and it is observable that this milder style of the wandering pilgrimage life over the ruggedness of earth to heaven drew itself as near as it could to the scenes of its patriarchal archetype. The commendation of this primæval piety may be this:—that it was in place as a preparation for a more advanced stage of the religious training of the human family;—but the condemnation of the later mood—in itself innocent, was this, that it was out of place—out of date, after the ultimate Revelation had been promulgated. The ascetic had forgotten evangelic principles:—the anchoret had retreated from evangelic obligations. The Patriarchal life was the foreshadowing of a future, wherein communion with God being the high end or intention of existence, whatever else is done will be regarded only as a means conducive to that end.


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 harms competition among entities that would have been actual or potential competitors in a relevant market in the absence of the license (entities in a “horizontal relationship”). A restraint in a licensing arrangement may harm such competition, for example, if it facilitates market division or price-fixing. In addition, license restrictions with respect to one market may harm such competition in another market by anticompetitively foreclosing access to, or significantly raising the price of, an important input, or by facilitating coordination to increase price or reduce output. When it appears that such competition may be adversely affected, the Agencies will follow the analysis set forth below.

3.2 Markets Affected by Licensing Arrangements

Licensing arrangements raise concerns under the antitrust laws if they are likely to affect adversely the prices, quantities, qualities, or varieties of goods and services either currently or potentially available. If an arrangement appears likely to have anticompetitive effects, the Agencies normally will identify one or more relevant markets in which the effects are likely to occur. The Agencies will typically analyze the competitive effects of licensing arrangements within the relevant markets for the goods affected by the arrangements. In other cases, however, the Agencies may analyze the effects within a market for technology or a market for research and development.

3.2.1 Goods Markets

A number of different goods markets may be relevant to evaluating the effects of a licensing arrangement. A restraint in a licensing arrangement may have competitive effects in markets for


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Page:The spirit of the Hebrew poetry 1861.djvu/135

 the picturesque is the Conservatism of Landscape Beauty. It is where the picturesque holds undisputed sway that we shall find—or shall expect to find—secure and placid longevity—domestic sanctity and reverence; together with a piety that holds more communion with the past than correspondence with the busy and philanthropic present. Give me only the picturesque, and I shall be well content never to gaze upon tropical luxuriance, or upon Alpine sublimities; nor shall ever wish to tread the broad walks that surround palaces; shall never be taxed for my admiration of those things which wealth and pride have superadded to Nature.


text: Frenzied Fiction/To Nature and Back Again


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 things—as they are, or—as they have become. The picturesque belongs to the foreground always; or to the stage next beyond the foreground;—never does it take its range upon the horizon. The picturesque claims as its own the cherished and delicious ideas of deep seclusion, of lengthened, undisturbed continuance, and of the absence, afar-off, of those industrial energies which mark their presence by renovations, by removals, and by a better ordering of things, and by signs of busy industry, and of thriftiness and order.

Within the sacred precincts of the picturesque, the trees must be such as have outlived the winters of centuries, and been green through the scorching heats of unrecorded sultry summers: they stoop, and yet hold up knarled giant branches, leafy at the extreme sprays; and their twistings are such as to look supernatural, seen against an autumnal evening sky. The fences that skirt the homestead of the picturesque must have done their office through the occupancy of three or four generations. The dwellings of man must declare themselves to be such as have sheltered the hoary quietude of sires long ago gone to their graves. Inasmuch as the picturesque abjures change, it rejects improvement; it abhors the square, the perpendicular, the horizontal; and it likes rather all forms that now are other than at first they were, and that lean this way and that way, and that threaten to fall; but so did the same building threaten a fall a century ago! In a word,


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 final or intermediate goods made using the intellectual property, or it may have effects upstream, in markets for goods that are used as inputs, along with the intellectual property, to the production of other goods. In general, for goods markets affected by a licensing arrangement, the Agencies will approach the delineation of relevant market and the measurement of market share as in sections 4 and 5 of the U.S. Department of Justice and Federal Trade Commission Horizontal Merger Guidelines.

3.2.2 Technology Markets

Technology markets consist of the intellectual property that is licensed (the “licensed technology”) and its close substitutes—that is, the technologies or goods that are close enough substitutes to constrain significantly the exercise of market power with respect to the intellectual property that is licensed. When rights to intellectual property are marketed separately from the products in which they are used, the Agencies may analyze the competitive effects of a licensing arrangement in a technology market.

Example 2

Situation: Firms Alpha and Beta independently develop different patented process technologies to manufacture the same off-patent drug for the treatment of a particular disease. Before the firms use their technologies internally or license them to third parties, they announce plans jointly to manufacture the drug, and to assign their manufacturing processes to the new manufacturing venture. Many firms are capable of using and have the incentive to use the


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 In accordance with its intention and its external conditions, the piety of the Patriarchal era was individual, not congregative;—it was domestic, not ecclesiastical;—it was genuine and affectionate, not formal or choral, or liturgical:—it did not emulate, or even desire, the excitements of a throng of worshippers, assembling to "keep holy day," and making the air ring with their acclamations: more of depth was there in this ancient piety; and it may be believed that the worshipper drew much nearer to the throne of the Majesty on high than did the promiscuous crowd that, in after times, assembled to celebrate festivals and to observe national ordinances. On these conditions, namely—the renouncing of worldly ambition, and the restless imagining of a something better, supposed to be attainable by thought and labour; then the Patriarchal repose took its rest upon the hope and promise of a land—unseen—the land of souls, whereinto the servants of God are gathered, each in his turn as he fails from his place on earth. How desirable a lot might we now think this, if only its material conditions might be secured!—but they may not—this is not possible; for man is summoned to work, and to suffer; and the piety of meditative repose, and of conscious transit to the paradise of spirits, must give way to a piety that needs to be strenuous, self-denying, and martyr-like; and that must win its crown, after a conflict.

Nevertheless, this enviable lot having once been


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 licensed technologies to manufacture and distribute the drug; thus, the market for drug manufacturing and distribution is competitive.

Discussion: To evaluate the competitive effects and delineate a relevant market, the Agencies will identify a technology’s close substitutes. The Agencies will, if the data permit, identify a group of technologies and goods over which a hypothetical monopolist of those technologies and goods likely would exercise market power—for example, by imposing a small but significant and nontransitory price increase. The Agencies recognize that technology often is licensed in ways that are not readily quantifiable in monetary terms. In such circumstances, the Agencies will delineate the relevant market by identifying other technologies and goods that are reasonable substitutes for the licensed technology.

In assessing the competitive significance of current and potential participants in a technology market, the Agencies will take into account all relevant evidence. When market share data are available and accurately reflect the competitive significance of market participants, the Agencies will include market share data in this assessment. The Agencies also will seek evidence of buyers’ and market participants’ assessments of the competitive significance of technology market participants. Such evidence is particularly important when market share data are unavailable, or do not accurately represent the competitive significance of market participants. When market share data or other indicia of market power are not available, and it appears that competing technologies are comparably efficient, the Agencies will assign each technology the same market share.

In this example, the structural effect of the joint venture in the relevant goods market for the manufacture and distribution of the drug is unlikely to be significant, because many firms in addition to the joint venture compete in that market. The joint venture might increase the


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Page:The Proletarian Revolution in Russia - Lenin, Trotsky and Chicherin - ed. Louis C. Fraina (1918).djvu/211

The war conditions are twisting and obscuring the action of the internal forces of the Revolution. But none the less the course of the Revolution will be determined by these same internal forces, namely, the classes.

The revolution which has been gathering strength from 1912 on, was, at first, broken off by the war, and later, owing to the heroic intervention of an infuriated army, was quickened into an unprecedented aggressiveness. The power of resistance on the part of the old regime had been, once for all undermined by the progress of the war. The political parties which might have taken up the function of mediators between the monarchy and the people suddenly found themselves hanging in the air, owing to powerful blows from below, and were obliged at the last moment to accomplish the dangerous leap to the secure shores of the Revolution. This imparted to the Revolution, for a time, the outward appearance of complete national harmony. For the first time in its entire history, bourgeois liberalism felt itself "bound up" with the masses—and it is this that must have given them the idea of utilizing the "universal" revolutionary spirit in the service of the war.

The conditions, the aims^ the participants of the war did not change. Guchkov and Milyukov, the most outspoken of the imperialists on the political staff of the old regime, were now the managers of the destinies of revolutionary Russia. Naturally, the war, the fundamental character of which remained the same as it had been under Czarism—against the same enemy, with the same allies, and the same international obligations—now had to be transformed into a "war for the Revolution." For the capitalist classes, this task was equivalent to a mobilization of the Revolution, and of the powers and passions it had stimulated, in the interests of Imperialism. The Milyukovs magnanimously consented to call the "red rag" a sacred emblem—if only the working masses would show


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 realized in the remoteness of ages, it still lives in the imaginations of men, and toward it, not poets only, but the most prosaic of the order of thrift are seen to be tending. Toil and turmoil through sixty years are endured, if only these may purchase a closing decade of rest—rural occupation—security—or, in a word, a sort of suburban resemblance of the leisure and the dignity that was long ago realized in the desert, by them of old.

The Poetry of all nations has conserved more or less of these elements of the primæval repose; and in fact we find them conserved also, and represented, in that modern feeling—the love of, and the taste for—the Picturesque. Modern, undoubtedly, is this taste, which has not developed itself otherwise than in connection with pictorial Art, in the department of landscape. What is the picturesque? A question not easily answered; yet this is certain, that any attempt that may be made to find an answer to it must bring us into contact with the very elements which already have been named; and which are assembled in the Ideal of the Patriarchal Repose. The picturesque could not belong to Paradise; for it finds its gratification in those forms of decay and disorder which bespeak damage and inaction. The picturesque is not simply—beauty in Nature;—it is not luxuriance; it is not amplitude or vastness; it is not copiousness; it is not the fruit of man's interference: but rather is it the consequence of an indolent acquiescence on his part, in


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 prices of the drug produced using Alpha’s or Beta’s technology by reducing competition in the relevant market for technology to manufacture the drug.

The Agency would delineate a technology market in which to evaluate likely competitive effects of the proposed joint venture. The Agency would identify other technologies that can be used to make the drug and evaluate the levels of effectiveness and cost per dose relative to that of the technologies owned by Alpha and Beta. In addition, the Agency would consider the extent to which competition from other drugs that are substitutes for the drug produced using Alpha’s or Beta’s technology would limit the ability of a hypothetical monopolist that owned both Alpha’s and Beta’s technology to raise its price for the license.

3.2.3 Research and Development Markets

If a licensing arrangement may adversely affect competition to develop new or improved goods or processes, the Agencies may analyze such an impact as a competitive effect in a separate research and development market. A licensing arrangement may have competitive effects on research and development that cannot be adequately addressed through the analysis of goods or technology markets. For example, the arrangement may affect innovation that is related to research to identify a commercializable product or to the development of particular goods or services. Alternatively, the arrangement may affect the development of new or improved goods or processes in geographic markets where there is no actual or potential competition in the relevant goods.

A research and development market consists of the assets comprising research and development related to the identification of a commercializable product, or directed to particular new or improved goods or processes, and the close substitutes for that research and development. When research and development is directed to particular new or improved goods or processes, the close substitutes may include research and development efforts, technologies,


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Page:The Proletarian Revolution in Russia - Lenin, Trotsky and Chicherin - ed. Louis C. Fraina (1918).djvu/212

 their readiness to die with ecstasy under this red rag, for Constantinople and the Straits.

But the imperialistic cloven hoof of Milyukov was sticking out too plainly. In order to win over the awakened masses and guide their revolutionary energy into the channel of an offensive on the external front, more intricate methods were required—but, chiefly, different political parties were needed, with platforms that had not yet been compromised, and reputations that had not yet been sullied.

They were found. In the years of counter-revolution, and particularly in the period of the latest industrial boom, capital had subjected to itself and had mentally tamed many thousands of revolutionists of 1905, being in no wise concerned about their Laborite or Marxist "notions." And among the "Socialistic" intellectuals there were therefore rather numerous groups whose palms were itching to take part in the checking of the class struggle and in the training of the masses for "patriotic" ends. Hand in hand with this intelligentsia, which had been brought into prominence in the counter-revolutionary epoch, went the compromise-workers, who had been frightened definitely and finally by the failure of the 1905 Revolution, and had since then developed in themselves the sole talent of being agreeable to all sides.

The opposition of the bourgeois classes to Czarism—upon an imperialistic foundation, however—had, even before the Revolution, provided the necessary basis for a rapprochment between the opportunist Socialists and the propertied classes. In the Duma, Kerensky and Cheidse built up their policy as an annex to the progressive bloc, and the "Socialistic" Gvozdyevs and Bogdanovs merged with the Guchkovs on the War Industry Committees. But the existence of Czarism made an open advocacy of the "government" patriotism standpoint very difficult. The Revolution cleared away all obstacles of this nature. Capitulating to the capitalist parties was now called "a democratic unity," and the discipline of the bourgeois state suddenly became "revolutionary discipline," and finally, participation in a capitalist war was looked upon as a defense of the Revolution from external defeat.

This nationalistic intelligentsia, which the social-patriot Struve had prophesied, invoked and trained, in his paper Vyekhi, suddenly met with an unexpectedly generous support in the helplessness of the most backward masses of the people, who had been forcibly organized as an army.


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520 T. F. C.; Rakaia Valley, Haast! Mount Cook district, T. F. C. Westland—Kelly's Hill, Jackson's, &c., ''Petrie! Cockayne! Otago—Hector and Buchanan; Lake Harris, Kirk! Clinton Valley, Petrie!'' 2500–4500 ft. December–March.

Very close to V. Traversii, but I think sufficiently distinct in the difierent habit, flatter lanceolate leaves, which taper from below the middle to an acute or subacute apex, acute calyx-lobes, and short and broad corolla-tube. Mr. N. E. Brown informs me that specimens collected by Haast and Hector and Buchanan. exist in the Kew Herbarium, but were referred to V. Traversii by Hooker.

33. V. vernicosa, ''Hook. f. Handb. N.Z. Fl.'' 208.—A small usually rather stout erect or decumbent shrub 1–3 ft. high; branches spreading, often in the same plane, pubescent at the tips or almost glabrous. Leaves close-set, decussately inserted but often becoming almost distichous from the twisting of the petioles, spreading, petiolate, ¼–⅔ in. long, ⅙–⅓ in. broad, obovate or obovate-oblong, obtuse or apiculate, suddenly contracted into the short petiole, coriaceous, flat or slightly concave; midrib impressed above, thick and prominent beneath, excurrent; margins entire, sometimes ciliolate when young. Racemes few or many near the tips of the branches, ½–1½ in. long, simple, usually dense-flowered but sometimes lax; rhachis, pedicels, and bracts pubescent; pedicels variable in length, sometimes almost wanting, at other times equalling the bracts. Flowers white, ¼–⅓ in. diam. Calyx 4-partite; segments oblong, obtuse; margins usually pale, membranous, ciliolate. Corolla-tube short and broad, usually about as long as the calyx, rarely slightly exceeding it; limb 4-lobed, longer than the tube; lobes spreading,, ovate-oblong, obtuse. Capsule ovate, acute, compressed, glabrous,, rather more than twice as long as the calyx.—Kirk in Trans. N.Z. Inst. xxviii. (1896) 526. V. canterburiensis, ''Armstr. in Trans. N.Z. Inst.'' xiii. (1881) 355.

Var. gracilis, Cheesem.—Much more slender and more sparingly branched; branches widely divaricating. Leaves distichously spreading, narrower and less coriaceous than in the type, linear-obovate or linear-oblong to oblong-obovate, obtuse or subacute. Racemes 1–4 near the tips of the branches, 1–2 in. long, very slender and lax-flowered; pedicels longer. Capsule narrow-ovate, acute.

Var. multiflora, Cheesem.—Racemes very numerous, forming a crowded mass near the tips of the branches, slender, tapering, many-flowered.—(?)V. Grayi, ''Armstr. in Trans. N.Z. Inst.'' xiii. (1881) 354.

Mountain districts in Nelson, Marlborough, Canterbury, and Westland, not uncommon. Sea-level to 4500 ft. December–February.

A well-marked species, recognised without much difficulty by the spreading habit and numerous short and broad leaves, which, although decussately inserted, usually spread in a more or less distichous manner through a twist in the petiole. In the typical state the racemes are generally numerous and rather short and dense-flowered; but in var. gracilis, which is a shade-form most common by the side of streams at low elevations, the racemes are usually fewer and much more slender and lax-flowered. Var. multiflora I have only seen in cultivation. It is known in gardens as V. Grayi, but I am not quite sure that it is the plant described by Armstrong under that name. Armstrong described his V.


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 and goods that significantly constrain the exercise of market power with respect to the relevant research and development, for example by limiting the ability and incentive of a hypothetical monopolist to reduce the pace of research and development. The Agencies will delineate a research and development market only when the capabilities to engage in the relevant research and development can be associated with specialized assets or characteristics of specific firms.

In assessing the competitive significance of current and potential participants in a research and development market, the Agencies will take into account all relevant evidence. When market share data are available and accurately reflect the competitive significance of market participants, the Agencies will include market share data in this assessment. The Agencies also will seek evidence of buyers’ and market participants’ assessments of the competitive significance of research and development market participants. Such evidence is particularly important when market share data are unavailable or do not accurately represent the competitive significance of market participants. The Agencies may base the market shares of participants in a research and development market on their shares of identifiable assets or characteristics upon which innovation depends, for example, on shares of research and development expenditures, or on shares of a related product. When entities have comparable capabilities and incentives to pursue research and development that is a close substitute for the research and development activities of the parties to a licensing arrangement, the Agencies may assign equal market shares to such entities.

Example 3

Situation: Three of the largest producers of a plastic used in disposable bottles plan to engage in joint research and development to produce a new type of plastic that is rapidly biodegradable. The joint venture will grant to its partners (but to no one else) licenses to all patent rights and use of know-how. The Agency is evaluating the likely competitive effects of the proposed joint venture.


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Page:The Proletarian Revolution in Russia - Lenin, Trotsky and Chicherin - ed. Louis C. Fraina (1918).djvu/213

 It was only because the Revolution broke out in the course of a war that the petit bourgeois elements of city and country at once automatically took on the appearance of an organized force, and began to exert, upon the personnel of the Council of Workers' and Soldiers' Delegates, an influence which would have been far beyond the powers of these scattered and backward classes in any but war times. The Menshevist-populist intelligentsia found in this great number of backwoods, provincial, for the most part as yet hardly awakened persons, a support that was at first entirely natural. By leading the petty bourgeois classy on to the path of an agreement with capitalist liberalism, which had again beautifully demonstrated its inability to guide the masses of the people independently, the Menshevist-populist intelligentsia, through the pressure of the masses, acquired a certain position even among the .proletarian sections, which had been momentarily relegated to a secondary position by the numerical impressiveness of the army.

It might at first seem that all class contradictions had been destroyed, that all social fixtures had been patched up with fragments of a populist-Menshevist ideology, and that, thanks to the "constructive labors" of Kerensky, Cheidse and Dan, a national Burgfrieden truce between the classes had been realized. Therefore, the unparalleled surprise and wonder when an independent proletarian policy again asserted itself, and therefore the savage, in truth, disgusting wail against the revolutionary Socialists, the destroyers of the universal harmony.

The petit bourgeois intellectuals, after they had been raised by the Soviet of Workers' and Soldiers' Delegates to heights for which they were entirely unprepared, were frightened more by the idea of responsibility than by anything else, and therefore respectfully handed over their power to the capitalist-feudal government which had issued forth from the womb of the Duma of June 3. The organic terror of the petit bourgeois in the presence of the sanctity of state power, which was transparent in the case of the populists (Laborites), was veiled, in the case of the Menshevik-patriots, by doctrinaire notions as to the inadmissibility of having Socialists assume the burden of power in a bourgeois revolution.

Thus there came about the "dual authority," which might with much more truth be termed a Dual Impotence. The capitalistic bourgeoisie assumed authority in the name of order and of a war for victory; yet, without the Soviets, it could not rule; the latter's relation to the government was that of an awed half-con-


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 Discussion: The Agency would analyze the proposed research and development joint venture using an analysis similar to that applied to other joint ventures.

In this case, the Agency would assess whether the joint venture is likely to have anticompetitive effects. The Agency would seek to identify any other entities that would be actual or potential competitors with the joint venture in a relevant market. This would include those firms that have the capability and incentive to undertake research and development closely substitutable for the research and development proposed to be undertaken by the joint venture, taking into account such firms’ existing technologies and technologies under development, R&D facilities, and other relevant assets and business circumstances. Firms possessing such capabilities and incentives would be included in a research and development market even if they are not competitors in relevant markets for related goods, such as the plastics currently produced by the parties to the joint venture, although competitors in existing goods markets may often also compete in related research and development markets.

The Agency would consider the degree of concentration in the relevant research and development market and the market shares of the parties to the joint venture. If, in addition to the parties to the joint venture (taken collectively), there are at least four other independently controlled entities that possess comparable capabilities and incentives to undertake research and development of biodegradable plastics, or other products that would be close substitutes for such new plastics, the joint venture ordinarily would be unlikely to adversely affect competition in the relevant research and development market. If there are fewer than four other independently controlled entities with similar capabilities and incentives, the Agency would consider whether the joint venture would give the parties to the joint venture an incentive and ability collectively to reduce investment in, or otherwise to retard the pace or scope of, research and development efforts. If the joint venture creates a significant risk of anticompetitive effects in the research and development market, the Agency would proceed to


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 consider efficiency justifications for the venture, such as the potential for combining complementary R&D assets in such a way as to make successful innovation more likely, or to bring it about sooner, or to achieve cost reductions in research and development.

The Agency would also assess the likelihood that the joint venture would adversely affect competition in other relevant markets, including markets for products produced by the parties to the joint venture. The risk of such adverse competitive effects would be increased to the extent that, for example, the joint venture facilitates the exchange among the parties of competitively sensitive information relating to goods markets in which the parties currently compete or facilitates the coordination of competitive activities in such markets. The Agency would examine whether the joint venture imposes collateral restraints that might significantly restrict competition among the joint venturers in goods markets, and would examine whether such collateral restraints were reasonably necessary to achieve any efficiencies that are likely to be attained by the venture.

3.3 Horizontal and Vertical Relationships

As with other property arrangements, antitrust analysis of intellectual property licensing arrangements examines whether the relationship among the parties to the arrangement is primarily horizontal or vertical in nature, or whether it has substantial aspects of both. A licensing arrangement has a vertical component when it affects activities that are in a complementary relationship, as is typically the case in a licensing arrangement. For example, the licensor’s primary line of business may be in research and development, and the licensees, as manufacturers, may be buying the rights to use technology developed by the licensor. Alternatively, the licensor may be a component manufacturer owning intellectual property rights in a product that the licensee manufactures by combining the component with other inputs, or the licensor may manufacture the product, and the licensees may operate primarily in distribution and marketing.

In addition to this vertical component, a licensing arrangement may also have a horizontal component. For analytical purposes, the Agencies ordinarily will treat a relationship between a licensor and its licensees, or between licensees, as having a horizontal component when they would have been actual or potential competitors in a relevant market in the absence of the license, even if a vertical relationship also exists.


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 {| class="wikitable" ! rowspan=2 | Element ! rowspan=2 | No. of Persons Listed ! rowspan=2 | No. of Persons Badged ! colspan=3 | Exposure Ranges (R) ! rowspan=2 | High (R) ! 0 !! 0.001-0.5 !! 0.5-1 Data taken from Reynolds Electrical and Engineering Company exposure list. Since personnel were not badged all the time, these figures should be recognized as a partial statement of potential total exposure for these groups.
 * + Table 4. Ship Material and Inspection Division recorded personnel exposures, CROSSROADS.
 * Office of the Director || 31 || 9 || 3 || 5 || 1 || 0.590
 * Army Group || 322 || 7 || 1 || 6 || || 0.310
 * Bureau of Aeronautics Group || 15 || 11 || 2 || 9 || || 0.230
 * Bureau of Ships Group || 113 || 55 || 12 || 40 || 3 || 0.650
 * Bureau of Ordnance Group || 116 || 68 || 20 || 48 || || 0.420
 * Medical Group || || || || || ||
 * style="padding-left: 2em;" | Damage Control Safety Section || 17 || 11 || 5 || 6 || || 0.220
 * style="padding-left: 2em;" | Medical Research Section || 117 || 71 || 44 || 27 || || 0.340
 * Electronics Group || 411 || 56 || 23 || 32 || 1 || 0.600
 * colspan=7 | Note:
 * Medical Group || || || || || ||
 * style="padding-left: 2em;" | Damage Control Safety Section || 17 || 11 || 5 || 6 || || 0.220
 * style="padding-left: 2em;" | Medical Research Section || 117 || 71 || 44 || 27 || || 0.340
 * Electronics Group || 411 || 56 || 23 || 32 || 1 || 0.600
 * colspan=7 | Note:
 * style="padding-left: 2em;" | Medical Research Section || 117 || 71 || 44 || 27 || || 0.340
 * Electronics Group || 411 || 56 || 23 || 32 || 1 || 0.600
 * colspan=7 | Note:
 * colspan=7 | Note:
 * colspan=7 | Note:

Sources: References C.13.4 and B.0.17.
 * }

inspecting, mooring, and anchoring the target ships before each test. The second phase of his program was the inspection of ships, aircraft, and equipment after each detonation. Detailed instructions were published to provide the necessary guidance to boarding parties who were to inspect the equipment after each shot. Extensive use was made of photography to permanently record "before" and "after" conditions of the ships, aircraft, and equipment. Most of the equipment was packed and shipped to continental U.S. locations for further analysis after Test BAKER (Reference C.9.206, p. 7.3). Six subordinate groups under the DSM were responsible for carrying out the details of the experimental program

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Rh scholar into exile, also vented itself on the world-renowned house which he had built for his science. A few years after Tyge Brahe had abandoned the Isle of Hveen, there remained scarcely a vestige of the proud Uranienborg observatory.

Tyge Brahe's ablest pupil was the peasant born (Longomontanus), who in his fifteenth year deserted the plow to become a student. During the last twelve years of Tyge Brahe's life he was his constant assistant, and accompanied him in his voluntary exile; but after Tyge's death he returned to Denmark, where he obtained a professorship and died in 1647. As a scholar he gained a considerable reputation through his publication of astronomical works, and this applies even in a higher degree to Ole Römer (1644-1710). This eminent man again gave a mighty impulse to astronomy and to kindred sciences, when after the death of Longomontanus they had for a time relapsed into their old grooves. He early devoted himself to mathematics, and during a ten years' sojourn in France (1671-1681) he gained for himself a European celebrity by his various mechanical inventions and scientific discoveries among which the most important is his calculation of the velocity of light (1675), which marks a new era in scientific research. On his return to Denmark he became professor of astronomy and he continued to his dying day to labor for the advancement of this science by making observations and in other ways, and he enriched it by many new and important discoveries. The numerous instruments which he devised and which he partly made himself, gave him the name of "The Danish Archimedes." Long after his death the observatory still possessed fifty-four of his instruments. The most of his observations were destroyed by the Copenhagen conflagration in 1728.

In the field of medicine and natural science Denmark had in this period several distinguished men. , who rendered special services to the study of Norse antiquities and


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Page:The Proletarian Revolution in Russia - Lenin, Trotsky and Chicherin - ed. Louis C. Fraina (1918).djvu/214

 fidence, combined with a fear lest the revolutionary proletariat, in some unguarded gesture, might upset the whole business.

The cynically provocative foreign policy of Milyukov brought forth a crisis. Being aware of the full extent of the panic in the ranks of the petit bourgeois leaders when confronted with problems of power, the bourgeois party began availing itself, in this domain, of downright blackmail: by threatening a government strike, that is, to resign any participation in authority, they demanded that the Soviet furnish them with a number of decoy Socialists, whose function in the coalition ministry was to be the general strengthening of confidence in the government on the part of the masses, and, in this way, the cessation of "dual authority."

Before the pistol-point of ultimatum, the Menshevist patriots hastened to slough off their last vestiges of Marxist prejudice against participation in a bourgeois government, and brought on to the same path the Laborite "leaders" of the Soviet, who were not embarrassed by any supercargo of principle or prejudice. This was most manifest in the person of Chernov, who came back from the Zimmerwald and Kienthal Conferences where he had excommunicated Vandervelde, Guesde and Sembat out of Socialism—only to enter the ministry of Prince Lvov and Shingariev. To be sure, the Russian Menshevik patriots did point out that Russian ministerialism had nothing in common with French and Belgian ministerialism, being an outgrowth of very exceptional circumstances, as had been foreseen in the resolution against ministerialism of the Amsterdam Socialist Congress (1904). Yet they were merely repeating, in parrot fashion, the arguments of French and Belgian ministerialism, while they continued constantly invoking the "exceptional nature of the circumstances." Kerensky, under whose wordy theatricality there is, nevertheless, some traces of reality, very appropriately classed Russian ministerialism in the same category as that of western Europe, and stated in his Helsingfors speech, that thanks chiefly to him, Kerensky, the Russian Socialists had in two months travelled a distance that it had taken the west-European Socialists ten years to accomplish. Truly Marx was not wrong when he called revolution the locomotive of history!

The coalition government had been sentenced by History before it was established. If it had been formed immediately after the downfall of Czarism, as an expression of the "revolutionary unity of the nation," it might possibly have held in check, for a time, the struggle of the forces of the Revolution. But the first