Tuesday, August 14, 2012

15 Reasons To Start A Web Development Business | KYEAN.org

I caught the entrepreneurial bug at 10-years-old. With Mom?s help, my younger brother and I started baking banana breads and selling them to door-to-door. At 12-years-old, I began making websites for fun. By 17, I had my first paid client and by 20 I was working in web development full time. Now 26, I?ve been building websites ever since.

I made a lot of mistakes early on and also experienced a lot of success. My willingness to take risks and my entrepreneurial bent kept me going through the ups and the downs. There was more to it than my own abilities, though. There is something special about the web development industry.

If someone asks me if starting a web development business is right for them, I say ?Yes!? if they?re willing to do the work. Here are 15 reasons why:

1. You Can Start Part-Time

If you?re in college or you?ve got a day-job, you can start a web development business on the side and build it part-time. While meeting with clients may present some scheduling challenges, you can work through those. The actual web development work can be done in the evenings and on the weekends.

2. You Don?t Need An Office

If you need to meet with clients, meet at their office or at a local caf?. Maintaining an office is expensive and, in the early days, it?s money that can be better spent elsewhere. If a client asks where you are located or seems put off by your lack of an office, simply explain with confidence that you built your business to be mobile and that you?re able to get more done for your clients in less time by not having an office.

3. You Don?t Need To Learn Code

If you?re just getting started, don?t waste time learning HTML or CSS. If you already know how to code, put that knowledge aside. The best way to get started is by using a platform.?I highly recommend WordPress. Start out by using pre-built themes and plugins. Stay focused on providing results for your clients and keep your learning curve to a minimum. There will be plenty of opportunity to master code down the road ? if that is your goal.

4. Your Schedule Can Be Flexible

Being the master of my own time is a big reason why I favor web development. The nature of the work means that I can get it done early in the day or late at night. If I need (or want) to take time off for a few weeks, or even longer, I can arrange the business and communicate with clients to keep things going in my absence. If communication is required, an hour or two checking email or making phone calls on the road can be all it takes.

5. The Demand In The Market Is High

More businesses and organizations than ever before are turning to the web and looking for help to establish or improve their Internet presence. Along with the demand for service there is a tremendous demand for education. The amount of information being blasted at businesses is overwhelming and they put a high value on anyone that can help them filter through the noise and make intelligent decisions. That?s where you come in.

6. The Startup Cost Is Low

Your greatest initial expense is a computer and the one you already have will probably work just fine. Beyond that, a $100-$200 budget is easily enough to get you started. Buy a domain name (around $10), choose a premium theme ($40-$50), and a managed web-host ($25-$30 a month).?Get your first client?and begin investing a portion of your earnings back in the business (development software, training, plugin licenses, etc).

7. The Margins Are High

The profit potential in web development is enormous. The greatest expense is your time and as your capabilities and processes improve, the amount of time it takes to deliver high value will decrease. I recommend that you start by calculating your per-project rates at a minimum of $75/hour and go up from there as your value increases.

8. There Is High Demand For Specialists

Web development covers a wide spectrum of skillsets and within that spectrum there is a lot of room for specialists. Even more importantly, the demand for those specialists is high. You can focus your efforts on a niche or on a specific facet of development (e.g. design, mobile development, engineering). You can also focus on a geographic region, becoming a specialist to serving businesses in a specific area.

9. Competitors Are Falling Behind

The web development industry is growing and changing at a mind-numbing pace. This means that your local competitor, the guy who?s been building websites for 5+ years, is?probably?using old technologies and is in danger of falling behind on industry best practices. This offers you a lot of room to come in, start with a clean slate, and deliver a higher value to your clients ? and eventually his.

10. You Can Scale As You Grow

When the demand for your services is higher than you can manage, you can bring in a partner, a contractor, or a first employee to manage the load. The flexible nature of the business means you?still?don?t need to get an office and the speed at which you?ve acquired your skillsets means that you can also quickly train a newcomer to continue providing a high value to your clients. You can also use technology to streamline and automate some of the time-consuming parts of your business, making it easier to scale.

11. The Timing Is Right

There has never been a better time to start a web development business. Internet availability and the speed of consumer adoption means that more people than ever before are using the Internet to make decisions. Businesses realize that. For those who?ve held out all these years, they are finally ready to get a website. For those who had a website built early on, they?re ready to make changes and improve.

12. There Are Giants In The Land

Since the early days, the amount of experience within the industry has exploded at an exponential rate and more people than ever are sharing what they?ve learned. You can study the successes of web developers who?ve gone before you, not only in general, but also, more than likely, in your specific area of interest. The web development industry as a whole has a great willingness to share and if you can?t find answers by looking, you can ask.

13. Education Is Readily Available

There are thousands of blogs and websites dedicated to web development.?Smashing Magazine,?Webdesigner Depot, and?Web Design Ledger?are three great resources, to name only a few. Add to that, there are hundreds of great books (and ebooks) on specific specialties. You can also make use of online learning to further your education via sites like?Learnable,?Treehouse, and?Codecademy.

14. Web Development Favors The Young

For those of us under 30 we have a perceptive advantage in this industry over those of the older generation. Web development and new technology is heavily associated with the younger generation and while we can?t sit back (some of those older folks are still very quick to learn!) we can use the perception to our advantange.

15. Building Websites Opens Doors To New Opportunities

As you put your best into your work, you?re going to learn about clients and their businesses. Along the way, you may discover opportunities to meet a need that hasn?t yet been met. Keep your eyes and ears open. Many now successful app development companies started out doing web development for clients and, along the way, recognized an opportunity to build a service that now reaches a much wider audience.

It?s time to get started! Do you have questions? Ask them in the comments below. Have you already started? Tell us how you?re doing and what you?ve learned along the way.

Jonathan Wold is a full-time web developer with more than 13 years of experience building websites. He specializes in building websites with WordPress and he is passionate about sharing what he?s learned with others. He is writing a guide to teach beginners?how to build a web development business on WordPress.


Source: http://kyean.org/2012/08/13/15-reasons-to-start-a-web-development-business/

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Monday, August 13, 2012

Create Your Restaurant Atmosphere (and Brand) With Printed ...


Printed wallpaper for Restaurants

If you own a restaurant whether it?s a caf? or a large eatery have you taken a look at your walls lately? Are they void of ambience? Are they white with a few stock framed pictures of food or a city or country of the food your restaurant creates? Or worse, are the walls yellowed with age? Do the walls create an atmosphere your customers will feel inviting and comforting?

Perhaps it?s time for some printed wallpaper by dreamScapes and luckily, here at Sunrise Signs, we have a lineup of dreamScapes custom wallpaper to help you not only improve your restaurant atmosphere, but make it uniquely your restaurant designed around who you are and the food you prepare?and a place your customers will rave about!

What Is Printed Wallpaper?

We all know printed wallpaper isn?t new but it?s a task to put up right? Enter dreamScapes, a heavy-duty adhesive product with a plethora of designs. Not only is the installation process of these wall murals much easier than conventional wallpaper, as it?s installed, it?s easy to maneuver and shift as needed until it?s exactly where you want it to be. Our expert installers work with your restaurant to ensure the wall covering is perfect from ceiling to floor and side to side?even on the ceiling if that?s your preference.

Beyond the atmosphere it provides, it is also very easy to clean with water and a sponge and because it?s heavy-duty vinyl, there no chance of ripping or tearing when cleaning as long as the process is correctly performed. Traditional wallpaper can bubble or tear when cleaning.

Design Your Ambience

We?ve all been to restaurants where the food was good enough but the atmosphere turned us off so much so, we won?t recommend the eatery, nor do we want to visit it again?we might even leave a bad review on Yelp or Google.

This is the time for a relook at your ambience?an honest look.? There?s a pretty good Italian buffet-style restaurant in our area and it gets okay reviews but our first visit was a turnoff. Why? The walls where yellowish and the art consisted of a few grape images, a circus clown, and a torn wallpaper mural of the Leaning Tower of Pisa. Not a memorable experience for our company lunch.

Let?s say your restaurant is famous for its Mexican fare and wines from this colorful country. Either of the two dreamScapes you see below would certainly set the tone and the mood?even a tasteful combination of the two. These two printed wallpapers from dreamScapes are their ?canvas? or textured wallpaper and their ?pebble sand? ridged surface wall coverings.

Restaurant Canvas Printed WallpaperRestaurant custom wall coverings

Or, if you offer a taste of food from the Greek Islands, why not choose dreamScapes ?Mache? custom wall coverings to offer that old world flair? Even their ?suede? look can create the ambience of old Greek foods and ingredients and the wine the country is famous for.

NJ and PA restaurant printed wallpaperAffordable restaurant printed wallpaper

Are you starting to get the idea?

Atmosphere Is Part of Your Brand

While we won?t mention any specific restaurants here, there are those we visit where we know no matter which one we enter, the ambience, wall coverings and collections are a constant. Our eyes are drawn to them each and every time. We feel comfortable there because it is as expected. They have built their brand.

In essence, the printed wallpaper you see here becomes part of your brand?it defines you and allows your clients to learn a little bit about you before they even open up the menu. It relaxes them and offers a purpose. For the romantic restaurant, the mood is essential?tired walls and familiar photos won?t do. For the family restaurant, a clean look is best as it offers a freshness of reliability and cleanliness. The younger crowd of Gen X and Y want a loud, snazzy and upbeat feel or they won?t return.

Sunrise Signs knows you largest accomplishment is the food you create, design and plate. We get that. We also know a lot about marketing and branding and how by not paying attention to the details, you can lose customers?fast.

Make a good first impression and let us help you by helping you choose the right custom, printed wallpaper for your restaurant!



lets-talk-restaurant-wall-wraps-conta

Click here to view the original post.

Source: http://1minutegetaway.com/estremozmarca/2012/08/13/create-your-restaurant-atmosphere-and-brand-with-printed-wallpaper/

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Smoking increases, while alcohol consumption may decrease risk of ALS

Smoking increases, while alcohol consumption may decrease risk of ALS [ Back to EurekAlert! ] Public release date: 13-Aug-2012
[ | E-mail | Share Share ]

Contact: R. Curtis Ellison
ellison@bu.edu
Boston University Medical Center

A population-based case-control study of the rare but devastating neurological disease amyotrophic lateral sclerosis (ALS) has shown that the risk of such disease is increased among smokers, as has been shown previously. However, surprisingly, the risk of ALS was found to be markedly lower among consumers of alcohol than among abstainers.

Forum reviewers thought that this was a well-done and important paper, as it is a population-based analysis, with almost 500 cases of ALS, a very large number of cases for this rare disease. They were especially struck by the magnitude of the difference in risk of ALS between alcohol consumers and never drinkers: the risk among drinkers was about one half that of non-drinkers. Said one reviewer: "The results in this study are astonishing in this mysterious disease. One should expect that alcohol, as a toxic agent, rather should contribute to the development of ALS than to prevent it. The lower risk among drinkers compared with non-drinkers is remarkable"

Forum reviewers cautioned that the results of this paper should not be used to prompt people to consume alcohol just to prevent ALS, as it is such a rare disease. However, this paper presents important data that could help scientists understand the etiology of ALS and perhaps other more common diseases.

###

Reference: de Jong SW, Huisman MHB, Sutedja NA, van der Kooi, AJ, de Visser M, Schelhaas HJ, Fischer K, Veldink JH, van den Berg LH. Smoking, alcohol consumption, and the risk of amyotrophic lateral sclerosis:A population-based study. Am J Epidemiol 2012;176:233-239

Comments on this paper were provided by the following members of the International Scientific Forum on Alcohol Research:

Yuqing Zhang, MD, DSc, Epidemiology, Boston University School of Medicine, Boston, MA, USA

Giovanni de Gaetano, MD, PhD, Research Laboratories, Catholic University, Campobasso, Italy

Harvey Finkel, MD, Hematology/Oncology, Boston University Medical Center, Boston, MA, USA

Arne Svilaas, MD, PhD, general practice and lipidology, Oslo University Hospital, Oslo, Norway

Andrew L. Waterhouse, PhD, Marvin Sands Professor, Department of Viticulture and Enology, University of California, Davis; Davis, CA, USA

R. Curtis Ellison, MD, Section of Preventive Medicine & Epidemiology, Boston University School of Medicine, Boston, MA, USA

Erik Skovenborg, MD, Scandinavian Medical Alcohol Board, Practitioner, Aarhus, Denmark

For the detailed critique of this paper by the International Scientific Forum on Alcohol Research and a listing of references, go to www.bu.edu/alcohol-forum, click on Recent Reports, and select Critique 087 8 August 2012.

The specialists who are members of the Forum are happy to respond to questions from Health Editors regarding emerging research on alcohol and health and will offer an independent opinion in context with other research on the subject.

Helena Conibear co Director
The International Scientific Forum on Alcohol Research
helena@alcoholforum4profs.org

Professor R Curtis Ellison co Director
The International Scientific Forum on Alcohol Research
ellison@bu.edu
www.alcoholforum4profs.org www.bu.edu/alcohol-forum
Tel UK: + 44 1300 320869


[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


Smoking increases, while alcohol consumption may decrease risk of ALS [ Back to EurekAlert! ] Public release date: 13-Aug-2012
[ | E-mail | Share Share ]

Contact: R. Curtis Ellison
ellison@bu.edu
Boston University Medical Center

A population-based case-control study of the rare but devastating neurological disease amyotrophic lateral sclerosis (ALS) has shown that the risk of such disease is increased among smokers, as has been shown previously. However, surprisingly, the risk of ALS was found to be markedly lower among consumers of alcohol than among abstainers.

Forum reviewers thought that this was a well-done and important paper, as it is a population-based analysis, with almost 500 cases of ALS, a very large number of cases for this rare disease. They were especially struck by the magnitude of the difference in risk of ALS between alcohol consumers and never drinkers: the risk among drinkers was about one half that of non-drinkers. Said one reviewer: "The results in this study are astonishing in this mysterious disease. One should expect that alcohol, as a toxic agent, rather should contribute to the development of ALS than to prevent it. The lower risk among drinkers compared with non-drinkers is remarkable"

Forum reviewers cautioned that the results of this paper should not be used to prompt people to consume alcohol just to prevent ALS, as it is such a rare disease. However, this paper presents important data that could help scientists understand the etiology of ALS and perhaps other more common diseases.

###

Reference: de Jong SW, Huisman MHB, Sutedja NA, van der Kooi, AJ, de Visser M, Schelhaas HJ, Fischer K, Veldink JH, van den Berg LH. Smoking, alcohol consumption, and the risk of amyotrophic lateral sclerosis:A population-based study. Am J Epidemiol 2012;176:233-239

Comments on this paper were provided by the following members of the International Scientific Forum on Alcohol Research:

Yuqing Zhang, MD, DSc, Epidemiology, Boston University School of Medicine, Boston, MA, USA

Giovanni de Gaetano, MD, PhD, Research Laboratories, Catholic University, Campobasso, Italy

Harvey Finkel, MD, Hematology/Oncology, Boston University Medical Center, Boston, MA, USA

Arne Svilaas, MD, PhD, general practice and lipidology, Oslo University Hospital, Oslo, Norway

Andrew L. Waterhouse, PhD, Marvin Sands Professor, Department of Viticulture and Enology, University of California, Davis; Davis, CA, USA

R. Curtis Ellison, MD, Section of Preventive Medicine & Epidemiology, Boston University School of Medicine, Boston, MA, USA

Erik Skovenborg, MD, Scandinavian Medical Alcohol Board, Practitioner, Aarhus, Denmark

For the detailed critique of this paper by the International Scientific Forum on Alcohol Research and a listing of references, go to www.bu.edu/alcohol-forum, click on Recent Reports, and select Critique 087 8 August 2012.

The specialists who are members of the Forum are happy to respond to questions from Health Editors regarding emerging research on alcohol and health and will offer an independent opinion in context with other research on the subject.

Helena Conibear co Director
The International Scientific Forum on Alcohol Research
helena@alcoholforum4profs.org

Professor R Curtis Ellison co Director
The International Scientific Forum on Alcohol Research
ellison@bu.edu
www.alcoholforum4profs.org www.bu.edu/alcohol-forum
Tel UK: + 44 1300 320869


[ Back to EurekAlert! ] [ | E-mail | Share Share ]

?


AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


Source: http://www.eurekalert.org/pub_releases/2012-08/bumc-siw081312.php

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Mum on the Run...: Point + Shoot : Bubby Brunching

I've said it before and I'll say it again...

and again...and again...

The women in my life are utterly fabulous.

I love a celebration - of any kind.

The generosity and kindness?of people borders on embarrassing.

These seem to be common trends in my life - and therefore, this space.

Sorry.

But, not really.

I make no apology that I am one fortunate lass with amazing friends.


?

This morning a Baby Brunch was held in honour of this little lady inside me.

(I always knew there was a 'lady' in me somewhere - too bad she has to vacate the premises shortly!)

The beautiful company was a treat in itself - and then the gifts started to surface.

My baby girl is a super spoilt little?one already

-?but now I can blame everyone else when?she turns out to be quite the madam!

Aren't second children supposed to have to?fight for attention and spoils?

The gorgeous women who have literally 'showered' us this week have?made it far too easy on this bub.

And have made her Daddy slightly nervous about the wardrobe space that is going to be required from here on in.

Linking with Lou's Point + Shoot

Did your weekend leave you slightly red faced but super grateful too?

Shar :-)

Source: http://mummyontherun.blogspot.com/2012/08/point-shoot-bubby-brunching.html

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Jennifer Aniston, Justin Theroux engaged

This combo made from Feb. 16, 2012 file photos shows Justin Theroux, left, and Jennifer Aniston. Aniston's rep, Stephen Huvane, on Sunday, Aug. 12, 2012 confirmed to The Associated Press that Theroux and the actress are engaged. It was first reported by People.com. (AP Photo/Matt Sayles, File)

This combo made from Feb. 16, 2012 file photos shows Justin Theroux, left, and Jennifer Aniston. Aniston's rep, Stephen Huvane, on Sunday, Aug. 12, 2012 confirmed to The Associated Press that Theroux and the actress are engaged. It was first reported by People.com. (AP Photo/Matt Sayles, File)

FILE - This Feb. 23, 2012 file photo shows actress Jennifer Aniston after a ceremony to award her a star on the Hollywood Walk of Fame in Los Angeles. Aniston is ready to marry again. The actress is engaged to screenwriter and actor Justin Theroux, Aniston's rep, Stephen Huvane, confirms, Sunday, Aug. 12, 2012. (AP Photo/Chris Pizzello, file)

FILE - In this Feb. 16, 2012 file photo, cast member Justin Theroux arrives at the premiere of "Wanderlust" in Los Angeles. Jennifer Aniston's rep, Stephen Huvane, on Sunday, Aug. 12, 2012 confirmed to The Associated Press that Theroux and the actress are engaged. It was first reported by People.com. (AP Photo/Matt Sayles, File)

(AP) ? After years of breathless anticipation ? at least on the part of the tabloids ? Jennifer Aniston is finally ready to wed again.

Her representative, Stephen Huvane, confirmed Sunday night that the actress is engaged to her boyfriend of more than a year, Justin Theroux.

"Justin Theroux had an amazing birthday on Friday, receiving an extraordinary gift when his girlfriend, Jennifer Aniston, accepted his proposal of marriage," said Theroux's rep in a statement to People, which first reported the engagement.

Theroux, 41, and Aniston, 43, have known each other for years, but started dating more than a year ago after working on the comedy "Wanderlust." Though that film disappeared quickly from movie theaters after its release earlier this year, the relationship clearly proved to have more staying power. The two moved in together and tabloids soon began predicting everything from marriage to babies for the new couple.

Aniston had been a part of such speculation for years, ever since the demise of her marriage to Brad Pitt after a five-year union in 2005. While Pitt moved on to a long-term relationship with Angelina Jolie, Aniston had high-profile relationships with the likes of John Mayer and Vince Vaughn that didn't last, leading to the common narrative: When will Jen find someone or have a child?

It's a theme that irked the former "Friends" actress.

"It's very narrow-minded, I think. It doesn't measure the level or my happiness or success in my life and my achievements or any of that," she told "CBS This Morning" earlier this year. In the same interview, she said she was happier than she'd ever been.

This will be Theroux's first marriage. It's not clear if a wedding date for the couple had been set.

Aniston's engagement comes four months after Pitt and Jolie announced their engagement.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-08-12-People-Jennifer%20Aniston/id-c45431b9d10a4c54979a7a7cf7be5687

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Sunday, August 12, 2012

Pest control Sacramento and Pest Management - IdeaMarketers.com











This article deals with the concept of pests and pest control. It also lists down the different steps one can take for pest management.

Pests are becoming a major problem in cities like Sacramento. Pest control Sacramento has become one of the most called for services in the city as pests are causing a nuisance in almost every other house hold. They pose an eminent threat to mankind. They spread fast and will very soon start affecting human health. They already annoy humans. You can find them in the kitchen in the form of ants and beetles, in the bedrooms in the form of roaches and in the gardens in the form of weeds. No matter in what form they are present, pests are highly unwanted and disrupt the peace of mind of human beings.

Very few people have knowledge about pests and the different kinds of methods that can be undertaken in order to get rid of them effectively. Only some people are aware of the pesticides that are found in the market and whether or not they are safe to use. All people are truly aware of is the fact that they want the pests gone as soon as possible.

Not all pests are harmful to human beings. There are some pests that are very beneficial to human beings. However, they can still be a nuisance in the house or garden. Pests like rats, cockroaches, mice, ants and flies are common in a lot of households. These pests are capable of multiplying very fast. Effective pest control measure get rid of them and make sure that there are no more left to multiply and produce another big bunch of pests in the house.

The most effective way of controlling pests is by using pest management techniques. In order to control the problem, one must first identify it. Once that is done, you must determine if the pest if a beneficial one or a harmful one. Then one must decide on how serious an action is required to be taken. Then you must decide on a non-chemical pest control method, a chemical one or a biological one. Pest Control Sacramento services also make use of chemical pesticides; however, it should be done away from human beings.

If you are looking for any unique and valuable information on Pest Control Sacramento , you will find the best information provided by the author. He is very popular between the readers due to his unique style of writing and giving valuable information on roach control sacramento

This article has been viewed 10 time(s).

It is a violation of our terms and conditions for writers to submit material which they did not write and claim it as their own. If this article infringes on your copyrights, you MUST either call us at 706-866-2295 or send proof of infringement along with the offending article's title, URL, and writer name to

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Source: http://www.ideamarketers.com/?articleid=3473546

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The prevailing party | Scholarly Communications @ Duke

Since the ruling in the Georgia State case in May that decided, at the trial court level, the substantive issues of the claimed copyright infringement, I have been telling people to wait for a while before deciding to take any strong action based on that ruling?.The case, I keep saying, is far from over. ?There is likely to be an appeal, for one thing. ?But even prior to an appeal, I wanted to encourage people to wait for Judge Evans? ruling on the remedy ? the steps she would order to fix the handful of actual infringements that she found (five) out of the large number of claims that were submitted to her (ninety-nine, at trial). ?The remedy would tell us, I have been saying, how the Judge sees her own ruling. ?After all, in their filings since May the two sides have claimed to find radically different things in the Judge?s decision; her ruling about a remedy is her chance to tell us what she thinks the impact of her findings of fact and conclusions of law really should be.

On Friday the Judge filed her order on declarative and injunctive relief, and she clearly told us who she thinks won the case. ?The prevailing party is Georgia State University.

Judge Evans addressed both declaratory and injunctive relief in her ruling. ?In her declaratory ruling, she announced three principles intended to clarify points in her earlier order that the plaintiff publishers. ?They are helpful for understanding her ruling, but not startling, I don?t think:

  1. The holding that excerpts must be ?decidedly small? in order for the third fair use factor to favor the use applies to all excerpts assigned from a book for a particular course in the aggregate. ?This merely tells us that ?an excerpt? means the total amount assigned from a single book; it presumably rules out the possibility of putting one chapter on reserve for a while, then replacing it with a second chapter later on and asserting that only one chapter ( at a time) is being used. ?I doubt that many universities would be willing to resort to this trick, but the Judge has explicitly disapproved of it.
  2. The analysis of fair use by Judge Evans does not apply to books that are intended solely for classroom instruction. ?The Judge seems to be telling us that there is a more restrictive standard for fair use of textbooks than the one she applied in this case, but she also uses a pretty narrow definition of a textbook. ?None of the works that were at issue in this case fall into that category, she says.
  3. Fair use in the context of e-reserves and course management systems is conditioned, she tells us, on strict controls over who can access the excerpts ? only students registered for a class ? and on notice telling those students that they may not further distribute the excerpts. ?I hope this is already our practice in higher ed.

Interestingly, the Judge also adds a ?cautionary note? that is outside of her declaratory findings because, presumably, it goes beyond that matter strictly before her. ?She notes that where digital licenses were not available from publishers, the fourth factor favored fair use and, in such cases, allowed excerpts longer than her strict definition of ?decidedly small.? ?How long, we might ask, and the Judge tells us that the longest excerpt she allowed, at 18.5 %, is near the limit of fair use. ?So much beyond that point, in her opinion, fair use will not apply even when the other factors seem to support it. ?It is helpful for the Judge to tell us this, although other courts might find that this approach puts too much weight on a single factor. ?Certainly such a limit has been rejected by higher authorities in cases where the use was found to be transformative.

When she turns to the matter of an injunction, the Judge rejects the very broad, ?highly regimented? injunction sought by the plaintiffs. She feels such restrictive rules, with record-keeping requirements and monitoring, are unnecessary, given that GSU policy was a genuine attempt to comply with the copyright law and that its application resulted in so few actual infringements. ?Instead, she limits her injunction to an order that GSU maintain policies consistent with the May 11 ruling and the one from Friday, and that they disseminate those policies to faculty and staff. ?To the best of my knowledge, GSU is already doing those things.

The stunner in this order comes at the end, when the Judge must rule on the requests from each side to have the other pay for the costs and attorney?s fees of both. ?The Judge must first decide who was the prevailing party. ?She recognizes that both sides won on some points, but overall she holds that GSU was the prevailing party. ?Even so she does not have to order the publishers to pay GSU?s costs and attorney?s fees, but that is exactly what she does. ?She reminds us that of the 99 excerpts over which claims were made at trial, 25 were withdrawn by the publishers and for another 26 the publishers were not able to clearly prove that they owned the copyright. ?Also, there were 33 excerpts for which permission for digital excerpts was not available even if it had been sought. ?Because of all these situations where the infringement claims were implausible from the beginning, the Judge holds that the plaintiffs ?significantly increased the cost of defending the suit.? ?And on that basis she orders that the publishers pay the reasonable costs and attorney?s fees incurred by Georgia State.

Early on in the case I wrote that the Copyright Clearance Center, which financed half of the plaintiffs? costs, was using litigation as a marketing strategy. ?Now I hope that the CCC and the others behind this case would learn that that strategy was both counterproductive and much too costly. ?Unfortunately, I expect that rather than learn that lesson, they will ?double down? on an appeal and, in the process, throw more money that should be spent on supporting new publishing away on the ill-advised project of trying by force to increase permission fees for works that have already been published and sold.

Source: http://blogs.library.duke.edu/scholcomm/2012/08/11/the-prevailing-party/

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