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GARDEN GROVE (CBSLA.com) ? A Garden Grove family is hopeful the cold case murder of their son and brother can finally be solved.
Tonight, the family held a candlelight vigil to remember Jarold Wright who was murdered 20 years ago this night.
CBS2 and KCAL9 reporter Stacey Butler was there to talk to family about their continuing quest for justice.
Wright?s mom, Gloria Wonder, says, ?I miss him today. People say time makes things better. Not this kind of ache. It doesn?t get any better, you just learn to keep moving.?
Wright was shot and killed as he lay on the couch while watching TV at his uncle?s Garden Grove home.
?I miss him more than anything in the whole wide world,? says Wright?s uncle, William Hopkins. ?It was just terrible. Bullets went all over the house.?
The loss nearly tore the family apart.
Bonnie Levorson, Wright?s sister, explains. ?It?s been 20 years. To even talk about him? hurts. He?s just missed so much.?
The candlelight vigil was held tonight ? on the steps of the Garden Grove Police Department ? at the same moment Wright lost his life ? 8:43 p.m.
Police believe Wright, then 19, was the target of a drive-by shooting even though he was not involved in a gang.
The family is still not sure why he was targeted. Detectives couldn?t figure it out either. The case went cold.
The family recently received a call from the Garden Grove police. The case was re-opened.
So many years have passed, but the family is still not giving up hope that someone will come forward.
Wright?s sister, Tammie Ruvalcaba, says, ?I do hold hope that somebody has a conscience. Without hope, there really isn?t anything.?
On this night 20 years ago, Gloria Wonder lost her only son. She has a message for his killer.
And it?s a surprising one. ?I totally from the bottom of my heart have already forgiven you,? says Wonder, ?And I would sit down and talk with you at any time.?
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EFF observed that modern video game consoles are increasingly sophisticated computing
devices that are capable of running not only games but ?entire computer operating systems.? All
three major video game manufacturers, however ? Sony, Microsoft, and Nintendo ? have
deployed technological restrictions that force console purchasers to limit their operating systems
and software exclusively to vendor-approved offerings. These restrictions require a console
owner who would like to install a computer operating system or run a ?homebrew? (i.e.,
independently developed) application to defeat a number of technical measures before they can
do so ? a process that proponents refer to as ?jailbreaking.? Proponents sought an exemption
from Section 1201(a)(1) to permit such jailbreaking of video game consoles. Because the class
they proposed would enable interoperability only with ?lawfully obtained software programs,?
proponents asserted that the exemption would not authorize or foster infringing activities.
In its comments, EFF explained the circumvention process with reference to Sony?s
PlayStation 3 (?PS3?). Sony?s PS3 employs a series of technological protections so that the
console can only install and run authenticated, encrypted code. One such measure is the
encryption of the console?s firmware, which restricts access to the console. The firmware must
be authenticated by the console?s ?bootloader? software and decrypted before it can be used.
Once the firmware has been authenticated and decrypted, it, in turn, authenticates applications
before they can be installed or run on the PS3. EFF added that Microsoft?s Xbox 360 and
Nintendo?s Wii employ similar authentication procedures as technological protection measures.
In further support of its requested exemption, EFF recounted that when Sony launched
the PS3 in 2006, it included a software application called ?OtherOS? that permitted users to
install Linux and UNIX operating systems on their consoles. EFF provided examples of
researchers who were able to use these earlier PS3 consoles in lieu of other computer systems to
conduct various forms of scientific research, citing an Air Force project that made use of 1700
PS3s, as well as two academic projects employing clusters of PS3s to create high-performance
computers. Some of these researchers chose to use clustered PS3s because they were less
expensive than the available alternatives. In 2010, however, Sony issued a firmware update for
the PS3 that removed the OtherOS functionality. PS3 users were not forced to upgrade, but the
failure to adopt the upgrade precluded access to certain gameplay features and might make repair
or replacement of the gaming system more difficult.
EFF further asserted that none of the three major console manufacturers currently allows
the installation of independently developed applications on their consoles unless the developer
has obtained approval of the software from the manufacturer through a ?stringent? process that
may require the developer to license costly development tools. As a result, hobbyists and
homebrew developers engage in circumvention to defeat technical restrictions in order to create
and run games and other applications on the PS3, Wii, and Xbox consoles.
EFF noted over 450 independently created games and applications for Nintendo?s Wii
available on the homebrew site WiiBrew.org, as well as some 18 homebrew games and several
nongaming applications developed for the PS3 ? including a file backup program called
?Multiman? and an application that transforms the PS3 into an FTP server ? and a handful of
other homebrew applications for other platforms and handheld gaming devices. EFF pointed out
that there is no strong homebrew community for the Xbox360, attributing this phenomenon to a
Microsoft development program that allows developers to publish games ?with relative ease.?
Proponents argued that manufacturers? technological restrictions on video game consoles
not only constrain consumer choice but also inhibit scientific research and homebrew
development activities. Pointing to the Register?s determination in the last Section 1201
rulemaking that circumvention of technological measures on smartphones to enable
interoperability with lawfully obtained applications was a permissible fair use, proponents urged
that the same logic should apply here. According to proponents, the restrictions on video game
consoles do not protect the value or integrity of copyrighted works but instead reflect a business
decision to restrict the applications that users can run on their devices.
EFF explained that a ?large community? of console jailbreakers currently exists for all
three major video game consoles but noted that such jailbreakers face potential liability under
Section 1201(a)(1). As evidence of this, EFF cited recent litigation pursued by Sony against an
individual and others who developed a method for jailbreaking the PS3. EFF explained that in
January 2010, George Hotz (also known by his online name ?GeoHot?) published a method for
jailbreaking the PS3. In response, Sony initiated a lawsuit against Hotz and others alleging,
among other things, that the defendants had conspired to violate the DMCA.
Finally, a few supporters of EFF?s proposal suggested potential scenarios in which a
console might need to be jailbroken to effectuate a repair but did not provide any specific
evidence of actual repair issues.
The proposal to permit circumvention of video game consoles was vigorously opposed by
the Entertainment Software Association (?ESA?), Sony Computer Entertainment America LLC
(?SCEA? or ?Sony?), and Joint Creators. Opponents filed extensive comments in response to
EFF?s request.
ESA characterized video game consoles as ?the center of an intellectual property
ecosystem? which makes copyrighted content readily and legally accessible, stating that the
entire system depends upon effective and secure access controls. ESA explained that there are at
least two potential access controls at issue. To play an unauthorized application, the user must
circumvent not only the encryption on the console?s firmware, but also modify the firmware to
defeat the authentication check access control. It added that once modified, the firmware will
operate, but the access controls will be circumvented, effectively allowing the console to run
unauthorized content.
SCEA?s comments focused on its PS3 console (the dominant example addressed in EFF?s
proposal). SCEA confirmed that the technological restrictions controlling access to the PS3
protect both its firmware and the copyrighted video games that are developed for that system.
As explained by SCEA, allowing circumvention of the PS3 access controls would mean that the
basic security checks could be skipped and the firmware freely modified to bypass or eliminate
the process by which the video games are authenticated for use on the console, thus making it
?virtually certain that successful hackers, under the guise of the exemption, will create the tools
that enable even novice users to make, distribute, download, and play back illegal copies of
games.?
Throughout their comments, opponents stressed piracy as an overriding concern, noting
that once a user circumvents a console?s security measures ? even for an ostensibly benign
purpose ? it becomes a vehicle for unauthorized content. In their view, EFF?s attempt to limit
the exemption to interoperability with lawful applications would make no difference in practice,
because ?all known methods for circumventing game console [technological protection
measures] necessarily eliminate the measures? ability to preclude the play, reproduction and
distribution of infringing content.?
In support of their contentions regarding the link between circumvention and piracy,
opponents provided documentation of console ?hacking packages? that come bundled with
applications to play pirated content. They further noted, again with supporting materials, that the
homebrew channel installed with a popular Wii hacking package automatically includes
applications that enable the console to play pirated content. They pointed out, with still further
support in the record, that the ?Multiman? backup system referenced by EFF as an example of a
useful application enabled by jailbroken PS3s is used to decrypt and copy protected PS3 games
so they can be illegally distributed. Other documentary evidence submitted by opponents
showed that the PS3 FTP file server application described by EFF is used as a means to transfer
illegal files. Opponents also furnished multiple examples of advertisements for console
jailbreaking services that included (for an all-in price) a library of pirated games.
Opponents pointed to online forums and other sources that specifically referenced George
Hotz?s hack of the PS3 ? described sympathetically by EFF in its proposal ? as permitting users
to play pirated games and content, and provided representative postings. The documentation
evidenced a broadly shared perception in the gaming community that jailbreaking leads to
piracy. Notably, some of those providing commentary made the further observation that such
piracy would negatively impact the development of new games.
Possibly referring to Hotz, SCEA elaborated on the hacking issue by commenting
specifically on the events surrounding a 2010 breach of its PS3 system. In that case, hackers
announced that they had successfully circumvented the technological measures on PS3 firmware,
which was accomplished by exploiting vulnerabilities in Linux operating in the OtherOS
environment. Although the hackers stated that they did not endorse or condone piracy, one
hacker subsequently published PS3?s encryption keys on the internet, which were quickly used to
create jailbreak software to permit the use of illegally made games. Sony saw an immediate rise
in the number of illegal copies but no increase in homebrew development, while sales of
legitimate software ?declined dramatically.? As a result of the hack, Sony decided it had no
choice but to discontinue OtherOS and issued a system upgrade that disabled OtherOS
functionality for those who wished to maintain access to Sony?s PlayStation network.
Mindful of the exemption established by the Librarian in the prior proceeding to permit
jailbreaking of smartphones, opponents urged that video game consoles are not the equivalent of
iPhones, asserting that the technological measures on game consoles legitimately protect the
creation and dissemination of copyrighted works by discouraging pirated content and protecting
creators? investment in new games. Opponents distinguished the development of a video game ?
a long and intensive process ?akin to ? motion picture production? involving a team of
developers that can cost tens of millions of dollars ? from the relative ease and inexpensiveness
of creating a smartphone application. According to opponents, the development of new video
games would be significantly impaired without reliable technological protections to protect
developers? investments.
With respect to the need to jailbreak consoles to permit the operation of Linux-based
homebrew programs, opponents observed that while EFF?s request focused on the PS3, the
homebrew community for that device is small, as evidenced by the fact that less than one-tenth
of one percent of PS3 users (fewer than 2,000 in all) had made use of the PS3?s OtherOS feature.
In any event, they noted, there are over 4,000 devices on which Linux can be run without the
need for circumvention, and homebrew games and applications can be played on a wide array of
open platform devices. Opponents further observed that each of the three major video game
console manufacturers has a program to support independent developers in creating and
publishing compatible games.
Finally, opponents disputed proponents? suggestion that circumvention is necessary to
repair broken game consoles, explaining that each console maker offers authorized repair
services free of charge for consoles still under warranty for a nominal fee thereafter.
Although EFF sought to rely upon the Register?s 2010 determination that modification of
smartphone software to permit interoperability with non-vendor-approved applications was a fair
use, the Register concluded that the fair use analysis for video consoles diverged from that in the
smartphone context. Unlike in the case of smartphones, the record demonstrated that access
controls on gaming consoles protect not only the console firmware, but the video games and
applications that run on the console as well. The evidence showed that video games are far more
difficult and complex to produce than smartphone applications, requiring teams of developers
and potential investments in the millions of dollars. While the access controls at issue might
serve to further manufacturers? business interests, they also protect highly valuable expressive
works ? many of which are created and owned by the manufacturers ? in addition to console
firmware itself.
The Register noted that research activities and functional applications that proponents
claimed would be enabled by circumvention might well constitute transformative uses. On the
other hand, circumventing console code to play games and other entertainment content (even if
lawfully acquired) is not a transformative use, as the circumvented code is serving the same
fundamental purpose as the unbroken code. While the second and third fair use factors did not
greatly affect the analysis, on the significant question of market harm, the Register concluded
that opponents had provided compelling evidence that circumvention of access controls to permit
interoperability of video game consoles ? regardless of purpose ? had the effect of diminishing
the value of, and impairing the market for, the affected code, because the compromised code
could no longer serve as a secure platform for the development and distribution of legitimate
content. The Register noted that instead of countering this evidence with a factual showing to
prove opponents wrong, EFF merely asserted that its proposal would not permit infringing uses.
The Register did not believe that this response satisfied proponents? obligation to address the
?real-world impact? of their proposed exemption. Overall, the Register found that proponents
had failed to fulfill their obligation to establish persuasively that fair use could serve as a basis
for the exemption they sought.
The Register further found that even if proponents had satisfied their burden of
establishing noninfringing uses, they nonetheless failed to demonstrate that video game console
access controls have or are likely to have a substantial adverse impact on such uses. Proponents
identified two broad categories of activities that were allegedly threatened by the prohibition on
circumvention, scientific research and homebrew software development. With respect to
scientific research, a small number of research projects involving only one type of gaming
console, the PS3, suggested a de minimis impact, if any. This conclusion was reinforced by
record evidence indicating that Sony had in fact cooperated with and been a supporter of
research efforts and that alternative computing resources for such projects were available in the
marketplace.
Nor, according to the Register?s analysis, did the record support a finding that Section
1201(a)(1) is having a substantial adverse impact on lawful homebrew activities. The most
significant level of homebrew activity identified by EFF appears to have occurred in relation to
the Wii, but the record was relatively sparse in relation to other gaming platforms. Concerning
the use of video game consoles to operate Linux software generally, the record showed that only
a very small percentage of PS3 users availed themselves of the (now discontinued) OtherOS
option that permitted users to run Linux on their PS3s. At the same time, there are thousands of
alternative devices that can be used to develop and run Linux-based video games and other
applications. In addition, the record indicated that developers can and do take advantage of
various manufacturer programs to pursue independent development activities.
Finally, as noted above, the Register determined that proponents offered no factual basis
in support of their suggestion that users are having difficulty repairing their consoles as a result
of Section 1201(a)(1). This appeared to be only a hypothetical concern, as proponents failed to
document any actual instances of users seeking to make repairs.
The Register therefore concluded that proponents had failed to establish that the
prohibition on circumvention, as applied to video game console code, is causing substantial
adverse effects.
Turning to the statutory factors, the Register took issue with proponents? view that piracy
was an irrelevant consideration because the exemption they sought was only to allow
interoperability with ?lawfully obtained applications.? The Register explained that she could not
ignore the record before her. Even if piracy were not the initial or intended purpose for
circumvention, the record substantiated opponents? assessment that in the case of video games,
console jailbreaking leads to a higher level of infringing activity, thus sharply distinguishing the
case of video consoles from smartphones, where the record did not support the same finding.
The evidence also suggested that the restriction limiting the proposed class to ?lawfully
obtained? applications ? which the Register has found effective in other contexts ? did not
provide adequate assurance in this case. The Register noted that simply to suggest, as
proponents had, that unlawful uses were outside the scope of the exemption and therefore of no
concern was not a persuasive answer.
Finally, the Register agreed with proponents? assessment that the access controls
protecting video game console code facilitate a business model, as many technological
restrictions do. But the Register concluded that in the case of gaming platforms, that was not the
sole purpose. Console access controls protect not only the integrity of the
console code, but the copyrighted works that run on the consoles. In so doing, they provide important
incentives to create video games and other content for consoles, and thus play a critical role in the
development and dissemination of highly innovative copyrighted works.
NTIA supported the ?innovative spirit epitomized by independent developers and
researchers whose needs proponents contemplate in this class,? but noted that the evidence in the
record was insufficient to support the considerable breadth of the proposed class. NTIA asserted
that the record was unclear with respect to the need for an exemption to enable software
interoperability, and that there was compelling evidence of reasonable alternatives available for
research purposes. NTIA was also ?cognizant of the proposal?s likely negative impact on the
underlying business model that has enabled significant growth and innovation in the video game
industry.?
Although NTIA did not support the exemption as requested by proponents, it did support
a limited exemption to allow videogame console owners to repair or replace hardware
components, or to ?obtain unlicensed repairs when the console is out of warranty or when the
console and authorized replacement parts are no longer on the market.? As explained above,
however, the Register found that the record lacked any factual basis upon which to recommend
the designation of even such a limited class.
Source: http://www.ps3-infos.fr/forum/news-f42/le-jailbreak-de-consoles-maintenant-illegaux-t3582.html
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Destination weddings have caught up in a big way. An entire industry which manages destination weddings has been born because of the growing preference of destination weddings among couples from all over the world. Destination wedding planners, destination wedding photographers and other specialists required for smoothly conducting a destination wedding are in great demand all over the world.
Whether the wedding is in China or Europe, couples these days are not shying away from having their weddings at exotic locations. These couples opting for destination weddings leave no stone unturned in making their wedding a dream affair not just for them selves but for their family and friends too. Wedding photographers in Scotland and other places around the world are flooded with requests for destination wedding photographers who will be able to capture the best pictures on the wedding day. Depending on the amount of coverage the couple wants and the amount of editing which they require, these wedding photographers in Scotland offer bespoke wedding packages starting at 1195.
Couples should carefully evaluate all the options of wedding photographers they have and go through their portfolios, speak to their previous clients and also talk to the photographer himself so that they can evaluate whether his style meets their vision and only then should they hire a photographer. Wedding photographs are treasures for the entire life and a photographer who is passionate about his work should be able to click great pictures of spontaneous and heart touching moments and then edit and present them is such a way that nothing would have to be explained. The photographs would be self explanatory and would tell hundreds of stories about the love between the couple, the joy of their union, the camaraderie between their family and friends and so many other little emotions experienced and shared on the special day of the couple.
Photographers who specialise in wedding photography understand how important the event is for the couple and that there can be no reshoot and hence the best among the lot do not worry about stretching themselves a little bit so as to click amazing pictures and then spend hours editing them. For these wedding photographers, the money is not the reward. The smile on the face of the couple after seeing the wedding album made by them is the reward which they look for. These photographers have a passion for their work and client satisfaction is their ultimate aim.
About the Author:
http://www.vanishingmomentsphotography.com/Wedding-Photographers-Edinburgh/
http://www.vanishingmomentsphotography.com/
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??|?? November 3, 2012 ?? 10:50am ??|Contributed by manoja
The Maharashtra government?s decision to abolish the requirement of ?no objection certificate? (NOC) from a developer at the time of resale of a flat is a long overdue step that would reduce the time taken for resale transaction and also eliminate the harassment that buyers routinely undergo. It is also a major relief coming at a time when the cost of property is reaching stratospheric levels.
The practice is prevalent in other states too, and the Maharashtra example would hopefully be emulated in due course.
Need for NOC
The rationale behind the NOC is actually very simple. It gives the land-owner or society the opportunity to know the new buyer and also ensure that the seller has settled all existing dues before the sale. It is like a bona fide certificate for the seller and a surety about the seller that the land-owner gives the buyer. It can also be understood as a status report about the premises and the legal position of ownership to the government, and the banks for loan processing etc.
The rider, however, is that no money can be charged for this procedure. That is not how it has worked.
Navin Shah (name changed) had to sell his newly bought 1 BHK flat of 460 sq ft at Goregaon, Mumbai. To get the sale registered, he had to get the NOC from the developer, as the housing society was yet to be formed. The developer charged Rs 600 per sq ft, calling it ?transfer charges? to be paid in cash. Shah had no recourse but to succumb to this demand and pay up Rs 2.76 lakh.
If the flat is in a registered society, which also owns the land, then the NOC from the land-owner i.e. the society is required. No money is usually demanded for this NOC. However, once the sale agreement is registered and submitted, most societies charge Rs 25,000 as transfer fee to make the new flat-owner a member of the society. This is valid. However, many societies also charge an additional amount from the seller or the buyer as ?donation?.
In Shah?s case, the developer could charge because that project had not become a society then, which meant that the developer was the landlord. According to the Maharashtra Ownership Flats Act (MOFA) 1963 and 1964, the developer has the responsibility to issue the NOC, but has no right to charge for this service.
Developers found a way out ? labelling it as transfer charges. There are other fancy names such as client servicing or transfer handling or customer care charges to escape the illegality.
The Problem
The charge for the NOC under any label in Mumbai is from around Rs 500 to Rs 1,500 per sq. ft. depending on the location and quality of the project. For example, the building with 20 flats each admeasuring 1,000 sq. ft. has say 20 per cent resale of flats within the first two years of its possession i.e. four flats with a total 4,000 sq. ft. area. If the NOC charge is say Rs 1,000 per sq. ft., then the total amount the developer would get is Rs 40 lakh for signing four ?fill-in-the blank? type of ready-format letters.
?The argument by the developers is ridiculous,? says Rajesh Ranka, a broker in Kandivali a western suburb of Mumbai. ?These developers feel that the flat-owner is selling at a better price than the rate at which he booked the flat. Since the seller is booking a huge profit, he should not mind sharing some with the developer. If a seller can pay the broker, the registrar, and the advocate, then why not pay the developer? Is this any logic? They have come down to the level of agents seeking commission.?
The extortion for NOC happens in the fully-completed ownership buildings. The modus operandi is simple. As per law, after selling all the flats, the developer has to form a society in the stipulated period and then in the given time-frame he must convey the land i.e. transfer the ownership of the land to that society. Once this is done, he has no jurisdiction over that project. So, despite selling every inch of the project at the market price, some developers continue to eye spoils of the sale.
That is why, they will try to delay the formation of the society. If the flat owners are aware of their rights and put pressure as per the regulations, then he may form the society but would delay the conveyance by creating legal or technical hurdles. In short, the developer tries to remain the land-owner of the project to control the plot, the society and the members in order to make the same flat buyers cough up additional money through all possible ways. NOC is one of them.
It is a distressing fact: several societies in the Mumbai Metropolitan Region (MMR) are not being conveyed the land by developers for decades together. This is a key requirement for redevelopment, which is the need of the day in land-stressed Mumbai. This remains an illegal control mechanism in the hands of the developer.
Unsolved issues
On receiving hundreds of complaints regarding non-conveyance and NOC charges the Maharashtra housing department announced new norms to help flat-owners. Now, owners of newly developed flats need not take the NOC even if the society is not formed.
The Inspector General of Registration and Stamps, Maharashtra is been asked not to demand NOC. In addition, if any government official insists on it and stalls the registration process, the seller can report the case to the housing department.
On the conveyance front, the official communication says, ?If the developer fails to provide conveyance certificate within four months of possession of the flat, a Deemed Conveyance Certificate can be obtained from the local District Deputy Registrar (DDR)?s office.?
Experts feel the decision could have been more comprehensive in scope. There are mainly three issues.
Senior Advocate Anil Harish, says, ?The new norm addresses the issue of ready flats but no provision is made for the flat buyers who would like to exit from the project when the building is still under construction. They would also need NOC in case they wish to sell or transfer the flat at that stage.?
?This norm does not speak of any penalty for the developer who charges NOC illegally. No punishment, no fear. The harassment will continue. If the government says that they received many complaints, then let people also know what action has been initiated against those culprits. If not, then this is nothing more than a political stunt. ? says Ashok Vadilani, a broker from south Mumbai.
The other issue that remains unaddressed is the insistence of the NOC by banks to sanction loans. The state government is silent on this issue. Unless banks are instructed to refrain from demanding NOC, the matter comes back to square one. Developers will continue to make hay.
http://www.indianexpress.com/news/noc-on-resale-crucial-issues-unresolved/1025906/1
News Published Under:?? Mumbai, Pune, Real Estate India | Comments Off
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Source: http://www.indianrealtynews.com/real-estate-india/noc-on-resale-crucial-issues-unresolved.html
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