Following An Orthopedic Surgeons Career Path

If you break a bone or have some other type of bone problem, you would more than likely see orthopedists, also known as orthopedic surgeons. These doctors practice a branch of medicine that uses both surgical and non-surgical means to repair musculoskeletal injuries and deformities. These problems are often related to sports injuries, infections, tumors, and degenerative childhood diseases.The name orthopedics is derived from two Greek words orthos and paideion when put together mean “straight-child” and is often used on children to correct deformities in the spine and other problems with the bones. These children are often born with these deformities.Orthopedic surgeons usually deal with patients with some type of musculoskeletal injury. Orthopedic surgeons use general anesthesia on the patients while they perform their surgeries and often are able to land a great job for life in a local hospital, teaching school, or a private practice office. The future often looks bright for these specialists, especially in areas that are away from the big cities where good doctors are not as easy to find. The pay scale for orthopedic surgeons is roughly between $100,000 and $500,000 a year, depending on your experience and ability. The pay also depends on where your practice is located as often the professionals in private practice are on a higher pay scale because the competition is not as high.If you desire to follow this path, you will need to earn a bachelor’s degree from an accredited college or university in either pre-med, or biology. Then you will need to finish four years of medical school then complete a hospital residency, which also lasts about four years. This residency usually includes general surgery with specialty training. After you have completed all the required schooling, you must apply for a medical practice license in the state that you wish to practice. To do this, you must pass the Medical Licensing Exam. You must apply to be re-certified every 7-10 years so that your license stays up to date and you can continue to practice your skill. There are many skills that are required for you to become a good orthopedic surgeon. These include having a complete understanding of any new technologies being used in the surgical field, ethics within the medical field, pharmacology so that you can prescribe the right medicines for your patients, and physiology. You will also need to have an understanding of what contributes to the health of the musculoskeletal system and how to prevent and treat disease. You must also have the stamina to work the long hours that are required with this career. If you desire to follow this path, the future is great for you. If you have the patience, your dream can come true and you can have a great future in the medical field.

Quad crash kills fourteen year-old in County Londonderry, Northern Ireland

Saturday, November 21, 2009

A 14-year-old boy has been killed in an accident involving a quad bike in County Londonderry, Northern Ireland. The boy has been identified as Paddy McErlean, who crashed near his house in the town of Maghera.

What is believed to have happened is that Paddy was travelling on an all-terrain vehicle with a 16-year-old boy along a rural road at around 2200 GMT on Thursday when the vehicle smashed into a post, the boys were then thrown from the road. The 16-year-old boy is critically injured and as of yet has not been identified.

Ann Scott, who is the head teacher in St. Patrick’s College, which is the high school that Paddy attended, said: “This tragic accident really has brought a profound sense of loss to the school. The loss of Paddy, who was only 14, has just shocked everybody at the college. He really contributed a lot to the school, he was full of life, he was such a lovely young lad, very popular with the staff and pupils and we will really miss him so terribly.”

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Men isolated to mimic Mars flight

Monday, June 7, 2010

Following a similar experiment in 2009, six men entered an enclosed room in Moscow last Thursday to simulate a flight to Mars. The Mars-500 team consist of a Chinese man, a Frenchman, an Italian, and three Russians. Only the Chinese man, Wang Yue, is a trained astronaut. The six waved goodbye, crying “see you in 520 days’ time!”.

According to Wang, not being able to see their families and friends was one of the greatest challenges, although e-mail is allowed during the experiment. Both Wang and the Frenchman, Romain Charles, expressed pride to be part of this experiment. Wang said, “it will be trying for all of us. We cannot see our family, we cannot see our friends, but I think it is all a glorious time in our lives.”

The joint-effort project is being organised by the Russian Institute for Biomedical Problems (IBMP) and the European Space Agency; the goal is to study physical and psychological effects on would-be astronauts. All six men speak reasonable English; however, as Russian is another primary language for the simulated trip, Russian crew member Sukhrob Kamolov said body language will be used should they fail to understand one another.

Food for the volunteers will be rationed as it would in a real Mars mission. All supplies were supplied by China and loaded into the ‘simulated spacecraft’ prior to the beginning of the experiment. For backup, China is sending three mission support staff to Russia.

No women are included in the crew, excluding issues relating to a mixed-sex crew from the study. During a similar experiment in 1999, a woman complained that the captain attempted to kiss her.

Following 250 days of “travelling” to Mars, the group will split. Three will stay in the “spacecraft”, the other three going to the surface of “Mars”. Only two will actually leave the “spacecraft” to study the surface of “Mars”. After a month, the group will go through the return journey simulation, a 240 day trip. The men will follow a strict timetable, with 8 hours each of sleep, work, and leisure each day.

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Nitro Petrol Cars For Sale Ohio

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Suspected hijackers of Arctic Sea detained by Russian Navy

Tuesday, August 18, 2009

Reports are emerging that eight people suspected of hijacking the 4,000-tonne Maltese registered vessel MV Arctic Sea have been arrested by the Russian Navy, and are being detained on the frigate Ladny.

Russian Defence Minister Anatoly Serdyukov confirmed that none of the detainees were members of the crew, and had boarded the vessel after approaching in a small dinghy, “using the threat of arms [and] demanded that the crew follow all of their orders without condition”.

The vessel was found on Sunday off of the Cape Verde Islands, following over a week of searching. The vessel was previously last seen off the coast of France near Brest. There was much speculation as to the whereabouts of the vessel, after it did not arrive in Béjaïa, Algeria as scheduled on August 4, 2009.

The ship is said to be carrying a cargo of Finnish timber that is worth $1.8 million.

According to the Estonian Security Police, among those detained were four Russians who were naturalized Estonian nationals, two Latvians and two Russians.

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Death sentences in 2008 Chinese tainted milk scandal

Monday, January 26, 2009

On Thursday, the municipal intermediate people’s court in Shijiazhuang, Hebei province, China pronounced sentences for 21 defendants implicated in the 2008 Chinese milk scandal which killed at least six infants and sickened nearly 300,000 others.

In the local court’s decision, 17 accused were indicted for the crimes of “producing, adding melamine-laced ‘protein powder’ to infant milk or selling tainted, fake and substandard milk to Sanlu Group or 21 other dairy companies, including six who were charged with the crime of endangering public security by dangerous means.” Four other courts in Wuji County, in Hebei, China had also tried cases on the milk scandal.

Zhang Yujun, age 40, of Quzhou County (Hebei), who produced and sold melamine-laced “protein powder” in the milk scandal, was convicted of endangering public security and sentenced to death by the Shijiazhuang intermediate people’s court.

The court also imposed the penalty of death upon Geng Jinping, who added 434 kg of melamine-laced powder to about 900 tons of fresh milk to artificially increase the protein content. He sold the tainted milk to Sanlu and some other dairy companies. His brother Geng Jinzhu was sentenced to eight years imprisonment for assisting in adding the melamine.

A suspended capital punishment sentence, pending a review, with two years probation, was handed down to Gao Junjie. Under the law, a suspended death sentence is equivalent to life imprisonment with good behavior. The court ruled that Gao designed more than 70 tons of melamine-tainted “protein powder” in a Zhengding County underground factory near Shijiazhuang. His wife Xiao Yu who assisted him, was also sentenced to five years imprisonment.

Sanlu Group General Manager Tian Wenhua, 66, a native of Nangang Village in Zhengding County, who was charged under Articles 144 and 150 of the criminal code, was sentenced to life imprisonment for producing and selling fake or substandard products. She was also fined 20 million yuan (US$2.92 million) while Sanlu, which has been declared bankrupt, was fined 49.37 million yuan ($7.3 million).

Tian Wenhua plans to appeal the guilty verdict on grounds of lack of evidence, said her lawyer Liang Zikai on Saturday. Tian testified last month during her trial that she decided not to stop production of the tainted milk products because a Fonterra designated board member handed her a document which states that a maximum of 20 mg of melamine was allowed in every kg of milk in the European Union. Liang opined that Tian should instead be charged with “liability in a major accident,” which is punishable by up to seven years imprisonment, instead of manufacturing and selling fake or substandard products.

According to Zhang Deli, chief procurator of the Hebei Provincial People’s Procuratorate, Chinese police have arrested another 39 people in connection with the scandal. Authorities last year also arrested 12 milk dealers and suppliers who allegedly sold contaminated milk to Sanlu, and six people were charged with selling melamine.

In late December, 17 people involved in producing, selling, buying and adding melamine to raw milk went on trial. Tian Wenhua and three other Sanlu executives appeared in court in Shijiazhuang, charged with producing and selling fake or substandard milk contaminated with melamine. Tian pleaded guilty, and told the court during her 14-hour December 31 trial that she learned about the tainted milk complaints and problems with her company’s BeiBei milk powder from consumer complaints in mid-May.

She then apparently led a working team to handle the case, but her company did not stop producing and selling formula until about September 11. She also did not report to the Shijiazhuang city government until August 2.

The court also sentenced Zhang Yanzhang, 20, to the lesser penalty of life imprisonment. Yanzhang worked with Zhang Yujun, buying and reselling the protein powder. The convicts were deprived of their political rights for life.

Xue Jianzhong, owner of an industrial chemical shop, and Zhang Yanjun were punished with life imprisonment and 15 years jail sentence respectively. The court found them responsible for employment of workers to produce about 200 tons of the tainted infant milk formula, and selling supplies to Sanlu, earning more than one million yuan.

“From October 2007 to August 2008, Zhang Yujun produced 775.6 tons of ‘protein powder’ that contained the toxic chemical of melamine, and sold more than 600 tons of it with a total value of 6.83 million yuan [$998,000]. He sold 230 tons of the “protein powder” to Zhang Yanzhang, who will stay behind bars for the rest of his life under the same charge. Both Zhangs were ‘fully aware of the harm of melamine’ while they produced and sold the chemical, and should be charged for endangering the public security,” the Court ruled.

Geng Jinping, a suspect charged with producing and selling poisonous food in the tainted milk scandal, knelt before the court, begging for victims’ forgiveness

The local court also imposed jail sentences of between five years and 15 years upon three top Sanlu executives. Wang Yuliang and Hang Zhiqi, both former deputy general managers, and Wu Jusheng, a former raw milk department manager, were respectively sentenced to 15 years, eight years and five years imprisonment. In addition, the court directed Wang to pay multi-million dollar fines. In December, Wang Yuliang had appeared at the Shijiazhuang local court in a wheelchair, after what the Chinese state-controlled media said was a failed suicide attempt.

The judgment also states “the infant milk powder was then resold to private milk collectors in Shijiazhuang, Tangsan, Xingtai and Zhangjiakou in Hebei.” Some collectors added it to raw milk to elevate apparent protein levels, and the milk was then resold to Sanlu Group.

“The Chinese government authorities have been paying great attention to food safety and product quality,” Yu Jiang Yu, spokesperson for the Ministry of Foreign Affairs, said. “After the case broke out, the Chinese government strengthened rules and regulations and took a lot of other measures to strengthen regulations and monitor food safety,” she added.

In the People’s Republic of China, the intermediate people’s court is the second lowest local people’s court. Under the Organic Law of the People’s Courts of the People’s Republic of China, it has jurisdiction over important local cases in the first instance and hear appeal cases from the basic people’s court.

The 2008 Chinese milk scandal was a food safety incident in China involving milk and infant formula, and other food materials and components, which had been adulterated with melamine. In November 2008, the Chinese government reported an estimated 300,000 victims have suffered; six infants have died from kidney stones and other acute renal infections, while 860 babies were hospitalized.

Melamine is normally used to make plastics, fertilizer, coatings and laminates, wood adhesives, fabric coatings, ceiling tiles and flame retardants. It was added by the accused to infant milk powder, making it appear to have a higher protein content. In 2004, a watered-down milk resulted in 13 Chinese infant deaths from malnutrition.

The tainted milk scandal hit the headlines on 16 July, after sixteen babies in Gansu Province who had been fed on milk powder produced by Shijiazhuang-based Sanlu Group were diagnosed with kidney stones. Sanlu is 43% owned by New Zealand’s Fonterra. After the initial probe on Sanlu, government authorities confirmed the health problem existed to a lesser degree in products from 21 other companies, including Mengniu, Yili, and Yashili.

From August 2 to September 12 last year Sanlu produced 904 tonnes of melamine-tainted infant milk powder. It sold 813 tonnes of the fake or substandard products, making 47.5 million yuan ($13.25 million). In December, Xinhua reported that the Ministry of Health confirmed 290,000 victims, including 51,900 hospitalized. It further acknowledged reports of “11 suspected deaths from melamine contaminated milk powder from provinces, but officially confirmed 3 deaths.”

Sanlu Group which filed a bankruptcy petition, that was accepted by the Shijiazhuang Intermediate People’s Court last month, and the other 21 dairy companies, have proposed a 1.1 billion yuan ($160 million) compensation plan for court settlement. The court appointed receiver was granted six months to conclude the sale of Sanlu’s assets for distribution to creditors. The 22 dairy companies offered “families whose children died would receive 200,000 yuan ($29,000), while others would receive 30,000 yuan ($4,380) for serious cases of kidney stones and 2,000 yuan ($290) for less severe cases.”

Sanlu stopped production on September 12 amid huge debts estimated at 1.1 billion yuan. On December 19, the company borrowed 902 million yuan for medical and compensation payment to victims of the scandal. On January 16, Sanlu paid compensation of 200,000 yuan (29,247 U.S. dollars) to Yi Yongsheng and Jiao Hongfang, Gangu County villagers, the parents of the first baby who died.

“Children under three years old, who had drunk tainted milk and had disease symptoms could still come to local hospitals for check-ups, and would receive free treatment if diagnosed with stones in the urinary system,” said Mao Qun’an, spokesman of the Ministry of Health on Thursday, adding that “the nationwide screening for sickened children has basically come to an end.”

“As of Thursday, about 90% of families of 262,662 children who were sickened after drinking the melamine-contaminated milk products had signed compensation agreements with involved enterprises and accepted compensation,” the China Dairy Industry Association said Friday, without revealing, however, the amount of damages paid. The Association (CDIA) also created a fund for payment of the medical bills for the sickened babies until they reach the age of 18.

Chinese data shows that those parents who signed the state-backed compensation deal include the families of six children officially confirmed dead, and all but two of 891 made seriously ill, the report said. Families of 23,651 children made ill by melamine tainted milk, however, have not received the compensation offer, because of “wrong or untrue” registration details, said Xinhua.

Several Chinese parents, however, demanded higher levels of damages from the government. Zhao Lianhai announced Friday that he and three other parents were filing a petition to the Ministry of Health. The letter calls for “free medical care and follow-up services for all victims, reimbursement for treatment already paid for, and further research into the long-term health effects of melamine among other demands,” the petition duly signed by some 550 aggrieved parents and Zhao states.

“Children are the future of every family, and moreover, they are the future of this country. As consumers, we have been greatly damaged,” the petition alleged. Chinese investigators also confirmed the presence of melamine in nearly 70 milk products from more than 20 companies, quality control official Li Changjiang admitted.

In addition, a group of Chinese lawyers, led by administrator Lin Zheng, filed Tuesday a $5.2 million lawsuit with the Supreme People’s Court of the People’s Republic of China (under Chief Grand Justice Wang Shengjunin), in Beijing, on behalf of the families of 213 children’s families. The class-action product liability case against 22 dairy companies, include the largest case seeking $73,000 compensation for a dead child.

According to a statement to the Shanghai Stock Exchange Market Friday, China’s Inner Mongolia Yili Industrial Group Company, which has a domestic market share of milk powder at 8 percent, reported a net loss in 2008 because of the milk scandal. A Morgan Stanley report states the expected company’s 2008 loss at 2.3 billion yuan. The scandal also affected Yili’s domestic rivals China Mengniu Dairy Company Limited and the Bright Group. Mengniu suffered an expected net loss of 900 million yuan despite earnings in the first half of 2008, while the Bright Group posted a third quarter loss at 271 million yuan last year.

New Zealand dairy giant Fonterra, said Saturday it accepted the Chinese court’s guilty verdicts but alleged it had no knowledge of the criminal actions taken by those involved. “We accept the court’s findings but Fonterra supports the New Zealand Government’s position on the death penalty. We have been shocked and disturbed by the information that has come to hand as a result of the judicial process,” said Fonterra Chief Executive Andrew Ferrier.

“Fonterra deeply regrets the harm and pain this tragedy has caused so many Chinese families,” he added. “We certainly would never have approved of these actions. I am appalled that the four individuals deliberately released product containing melamine. These actions were never reported to the Sanlu Board and fundamentally go against the ethics and values of Fonterra,” Ferrier noted.

Fonterra, which controls more than 95 percent of New Zealand’s milk supply, is the nation’ biggest multinational business, its second-biggest foreign currency earner and accounts for more than 24 percent of the nation’s exports. Fonterra was legally responsible for informing Chinese health authorities of the tainted milk scandal in August, and by December it had written off its $200 million investment in Sanlu Group.

Amnesty International also strongly voiced its opposition to the imposition of capital punishment by the Chinese local court and raised concerns about New Zealand’s implication in the milk scandal. “The death penalty will not put right the immense suffering caused by these men. The death penalty is the ultimate, cruel and inhumane punishment and New Zealand must take a stand to prevent further abuses of human rights.” AI New Zealand chief executive Patrick Holmes said on Saturday.

“The New Zealand government does not condone the death sentence but we respect their right to take a very serious attitude to what was extremely serious offending,” said John Phillip Key, the 38th and current Prime Minister of New Zealand and leader of the National Party. He criticized Fonterra’s response Monday, saying, “Fonterra did not have control of the vertical production chain, in other words they were making the milk powder not the supply of the milk, so it was a difficult position and they did not know until quite late in the piece. Nevertheless they probably could front more for this sort of thing.”

Keith Locke, current New Zealand MP, and the opposition Green Party foreign affairs spokesman, who was first elected to parliament in 1999 called on the government and Fonterra to respond strongly against the Chinese verdict. “They show the harshness of the regime towards anyone who embarrasses it, whether they are real criminals, whistleblowers or dissenters,” he said. “Many Chinese knew the milk was being contaminated but said nothing for fear of repercussions from those in authority. Fonterra could not get any action from local officials when it first discovered the contamination. There was only movement, some time later, when the matter became public,” he noted.

Green Party explained “it is time Fonterra drops its overly cautious act.” The party, however, stressed the death penalty is not a answer to the problems which created the Chinese milk scandal. “The Green Party is totally opposed to the death penalty. We would like to see the government and, indeed, Fonterra, speaking out and urging the Chinese government to stop the death penalty,” said Green Party MP Sue Kedgley.

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Subprime Lenders: Find Financing With A Bad Credit History

By Carrie Reeder

Subprime lenders finance high risk groups to enable them to buy a home. While you need to be aware of predatory lending practice, by researching lenders you can find a mortgage loan at a reasonable rate.

Bad Credit Factors

Before you sign up with a subprime lender, be sure that you truly have bad credit. There are five factors that determine your credit score: payment history, credit history, amount owed, types of credit, and new credit. Each of these factors are weighted differently, so a series of late payments on one account may be offset by low debt, no new credit inquires, and other factors.

A FICO score less than 570 will require you to use a subprime lender. However, you may be able to still use a traditional mortgage lender by providing a large down payment, qualifying you for lower interest rates.

[youtube]http://www.youtube.com/watch?v=2NBdNa6CQJc[/youtube]

Subprime Financing Versus Predatory Lenders

Subprime lenders offer genuine financing so you can purchase your home and repay your loan. Predatory lenders seek to strip your home equity, charge excessive interest rate, and foreclose on your home.

Predatory lenders will often list their site on public forums in an effort to lure unsuspecting victims. They will also make claims that they are the only ones who will lend to you or that they can fix all your credit problems. Also, beware of lenders that insist you work with a particular contractor or real estate agent.

Finding A Good Subprime Lender

To find a good subprime lender, use an online mortgage broker who will give you quotes from several different lenders. Compare rates and fees to see which are the most reasonable. Also ask lenders if they are approved by HUD. With poor credit, you may qualify for government mortgage insurance.

You should also determine what you can afford to pay monthly and not feel pressured to borrow more than that. If you are concerned about monthly payments, look at an adjustable rate mortgage (ARM), which offers low interest rates initially. An ARM is also easier to qualify for. However, a fixed rate mortgage offers long term predictability on how much your monthly payments will be.

About the Author: See my recommended Subprime Mortgage Lenders online. Carrie Reeder is the owner of ABC Loan Guide, which offers help with loans for people with bad credit.

Source: isnare.com

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Australian state of Queensland will go to the polls on March 21

Thursday, February 26, 2009

The Premier of the Australian state of Queensland has announced that the state will have its election on Saturday, March 21. In an address on YouTube, Anna Bligh of the Australian Labor Party said that she called the election due to the state of the economy and to stabilise the government.

“It’s time for Queensland to settle this election. It’s time to settle the speculation. So that government, business and the community can get on with the task at hand and not be distracted and destabilised by looming elections,” Ms Bligh said in the statement.

Ms Bligh has recently denied that she would call an early election.

“I have always said that I want my government to run the full term and I have not changed my view on this lightly,” she said.

“After 11 years in office, Ms Bligh only cares about one job: her own,” said Lawrence Springborg head of the Liberal National Party (LNP) and the Leader of the Opposition. “Queensland deserves better. Over the next 27 days, the LNP will build on our vision for the Queensland we all deserve.”

The Opposition need to pick up at least twenty seats from the government to overcome the significant Labor majority and a number of independents.

“It is a sad legacy of economic management and mismanagement of the Labor Government that after 11 years of the rivers of gold, our state is broke,” Mr Springborg said. “It’s a little bit like lighting a fire and then running around and wanting credit for putting it out.”

A March 21 election gives candidates twenty six day to campaign. This is just within the legal requirements. The Queensland Electoral Act (1992) requires the election campaign to last between 26 and 56 days.

The Queensland Greens nominated an environmental lawyer to run against treasurer Andrew Fraser.

“We can tackle climate change and create long-term jobs, but Labor can’t see that because they are blinded by the interests of their big donors – the urban development and coal industries,” says Larrisa Waters, the Greens candidate for Mt-Cootha.

“The Greens want to give the community and the environment a voice back in State Parliament.”

“The current stance taken by both major parties, in relation to Daylight Saving in Queensland, is outdated, out of touch and inflexible. South East Queenslanders are frustrated that neither major party is currently prepared to explore options on the issue of Daylight Saving”, DS4SEQ party leader Jason Furze told Wikinews on January 30. DS4SEQ is a single-issue party, focused on the debate on daylight saving time.

Indigenous activist Sam Watson will be contesting the South Brisbane electorate which is currently held by the premier. He will represent the Socialist Alliance. Watson campaigned heavly for indigenous rights since the 1970s and was a community spokesperson following the death of Mulrunji Doomadgee in 2004.

Retrieved from “https://en.wikinews.org/w/index.php?title=Australian_state_of_Queensland_will_go_to_the_polls_on_March_21&oldid=2714797”

Stock exchange merger could end San Francisco stock trading

Sunday, July 24, 2005

After the New York Stock Exchange (NYSE) completes its acquisition of Chicago-based electronic trading company, Archipelago Holdings within the next 12 months, the impact will also be felt in San Francisco, California as the future of the 123-year-old Pacific Exchange (PCX) becomes murky.

This stems from a deal struck in January of this year, before the NYSE merger, when Archipelago struck a deal worth $83 million to take over operations of the San Francisco stock exchange and its 260 employees. All PCX operations are scheduled to be under Archipelago control by the end of September. Archipelago had planned to maintain the San Francisco operations.

As details were released Thursday of the April NYSE-Archipelago merger to the Securities and Exchange Commission, all Archipelago functions are to be folded into NYSE operations, including the PCX stock and options trading business. The report did not state whether or not the San Francisco employees would be kept after the merger is complete.

Started in 1882 at the San Francisco Stock Market, the Pacific Exchange, along with other regional stock exchanges, has suffered as customers shifted to electronic trading, which bypassed the need for stock exchange services in many instances.

Retrieved from “https://en.wikinews.org/w/index.php?title=Stock_exchange_merger_could_end_San_Francisco_stock_trading&oldid=744667”

Payment pending; Canadian recording industry set for six billion penalties?

Wednesday, December 16, 2009

A report published last week in the Toronto Star by Professor Michael Geist of Canada’s University of Ottawa claims a copyright case under the Class Proceedings Act of 1992 may see the country’s largest players in the music industry facing upwards of C$6 billion in penalties.

The case is being led by the family and estate of the late jazz musician Chet Baker; moving to take legal action against four major labels in the country, and their parent companies. The dispute centres around unpaid royalties and licensing fees for use of Baker’s music, and hundreds of thousands of other works. The suit was initially filed in August last year, but amended and reissued on October 6, two months later. At that point both the Canadian Musical Reproduction Rights Agency (CMRRA) and Society for Reproduction Rights of Authors (SODRAC) were also named defendants.

January this year SODRAC and CMRRA switch sides, joining Baker et al. as plaintiffs against Sony BMG Music, EMI Music Canada, Universal Music Canada and Warner Music Canada. David A. Basskin, President and CEO of CMRRA, with a professional law background, stated in a sworn affidavit that his organisation made numerous attempts over the last 20 years to reduce what is known as the “pending list”, a list of works not correctly licensed for reproduction; a list of copyright infringements in the eyes of the Baker legal team.

The theoretical principle of the list is to allow timely commercial release while rights and apportionment of monies due are resolved. Basskin complains that it is “economically infeasible to implement the systems that would be needed to resolve the issues internally”. And, “[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.”

The Baker action demands that the four named major labels pay for and submit to an independent audit of their books, “including the contents of the ‘Pending Lists'”. Seeking an assessment of gains made by the record companies in “failure or refusal to compensate the class members for their musical works”, additional demands are for either damages and profits per the law applicable in a class action, or statutory damages per the Copyright Act for copyright infringement.

[…] for their part, the record labels have generally been unwilling to take the steps that, in the view of CMRRA, would help to resolve the problem.

This forms the basis for Professor Geist’s six billion dollar calculation along with Basskin’s sworn testimony that the pending lists cover over 300,000 items; with each item counted as an infringement, the minimum statutory damages per case are CA$500, the maximum $20,000.

Basskin’s affidavit on behalf of CMRRA goes into detail on the history leading up to the current situation and class action lawsuit; a previous compulsory license scheme, with poor recordkeeping requirements, and which, had a decline in real terms to one of the lowest fees in the world, was eventually abolished and the mechanical license system introduced. The CMRRA went on to become a significant representative of music publishers and copyright holders, and the pending list an instrument to deal with situations where mechanical rights were as-yet not completely negotiated. Basskin’s affidavit claiming the list grew and circumstances worsened as time progressed.

The Mechanical Licensing Agreement (MLA) between the “majors'” industry body, an attached exhibit to the affidavit, is set to expire December 31, 2012; this is between CMRRA and the Canadian Recording Industry Association (CRIA). With the original MLA expiring at end September 1990, CMRRA negotiated more detailed terms and a “code of conduct”. Subsequent agreements were drawn up in 1998, 2004, 2006, and 2008.

Basskin asserts that the named record company defendants are the “major” labels in Canada and states they “are also responsible for creating, maintaining and administering the so-called “Pending Lists” that are the subject of the current litigation”; that, specific to publishing, divisions of the four represent the “‘major’ music publishers active in Canada”. Yet the number of music publishers they represent has decreased over time due to consolidation and defection from the CRIA.

Geist summarizes the record company strategy as “exploit now, pay later if at all”. This despite the CMRRA and SODRAC being required to give lists of all collections they represented to record labels, and for record labels to supply copies of material being released to permit assessment of content that either group may represent interested parties for. Where actual Mechanical License Agreements are in place, Basskin implies their terms are particularly broad and preclude any party exercising their legal right to decline to license.

Specific to the current Mechanical Licensing Agreement (MLA) between the CMRRA and the CRIA; a “label is required to provide an updated cumulative Pending List to CMRRA with each quarterly payment of royalties under the MLA.” The CMRRA is required to review the list and collect where appropriate royalties and interest due. Basskin describes his first encounter with pending lists, having never heard of them before 1989, thus:

[…I]n the early years of my tenure, CRMMA received Pending Lists from the record labels in the form of paper printouts of information. The information contained on these lists varied from record label to record label, [… i]n fact, within a few days after my arrival at CMRRA, I recall my predecessor, Paul Berry, directing my attention to a large stack of paper, about two feet high. and informing me that it was PolyGram’s most recent Pending List. Prior to that introduction I had never heard of Pending Lists.

Alain Lauzon, General Manager of Canada’s Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) submitted his followup affidavit January 28, 2009 to be attached to the case and identify the society as a plaintiff. As such, he up-front states “I have knowledge of the matters set out herein.” Lauzon, a qualified Chartered Accountant with an IT specialisation, joined SODRAC in 2002 with “over 20 years of business experience.” He is responsible for “negotiation and administration of industry-wide agreements for the licensing of music reproduction and distribution”; licensing of radio and online music services use is within his remit.

Lauzon makes it clear that Baker’s estate, other rightsholders enjoined to the case, SODRAC, and CMRRA, have reached an agreed settlement; they wish to move forward with a class proceeding against the four main members of the CRIA. He requests that the court recognise this in relation to the initially accepted case from August 2008.

The responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.

The preamble of the affidavit continues to express strong agreement with that of David Basskin from CMRRA. Lauzon concurs regarding growing use of “pending lists” and that “[…] record labels have generally been unwilling to take the steps that would help to resolve the Pending List problem.”

With his background as an authority, Lauzon states with confidence that SODRAC represents “approximately 10 to 15% of all musical works that are reproduced on sound recordings sold in Canada.” For Quebec the figure is more than 50%.

Lauzon agrees that the four named record company defendants are the “major” labels in Canada, and that smaller independent labels will usually work with them or an independent distribution company; and Basskin’s statement that “[t]he responsibility to obtain mechanical licenses for recordings manufactured and/or released in Canada falls with the Canadian labels by law, by industry custom, and by contractual agreement.”

Wikinews attempted to contact people at the four named defendant CRIA-member record labels. The recipient of an email that Wikinews sent to Warner Brothers Canada forwarded our initial correspondence to Hogarth PR; the other three majors failed to respond in a timely fashion. Don Hogarth responded to Wikinewsie Brian McNeil, and, without addressing any of the submitted questions, recommended a blog entry by Barry Sookman as, what he claimed is, a more accurate representation of the facts of the case.

I am aware of another viewpoint that provides a reasonably deep explanation of the facts, at www.barrysookman.com. If you check the bio on his site, you’ll see that he is very qualified to speak on these issues. This may answer some of your questions. I hope that helps.

Sookman is a lobbyist at the Canadian Parliament who works in the employ of the the Canadian Recording Industry Association (CRIA). Hogarth gave no indication or disclosure of this; his direction to the blog is to a posting with numerous factual inaccuracies, misdirecting statements, or possibly even lies; if not lies, Sookman is undoubtedly not careful or “very qualified” in the way he speaks on the issue.

Sookman’s blog post opens with a blast at Professor Geist: “his attacks use exaggeration, misleading information and half truths to achieve his obvious ends”. Sookman attempts to dismiss any newsworthiness in Geist’s article;

[… A]s if something new has happened with the case. In fact, the case was started in August 2008 (not October 2008 as asserted by Prof. Geist). It also hasn’t only been going on “for the past year”, as he claims. Chet Baker isn’t “about to add a new claim to fame”. Despite having started over a year and a half ago, the class action case hasn’t even been certified yet. So why the fervour to publicise the case now?
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Should the court use admitted unpaid amounts, or maximum statutory damages – as the record industry normally seeks against filesharers?
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As the extracted [see right] stamp, date, and signature, shows, the court accepted amendments to the case and its submission, as Professor Geist asserts, on October 6. The previously mentioned submissions by the heads of CMRRA and SODRAC were indeed actions within the past year; that of SODRAC’s Alain Louzon being January 28 this year.

Sookman continues his attack on Professor Geist, omitting that the reverse appears the case; analysis of his blog’s sitemap reveals he wrote a 44-page attack on Professor Geist in February 2008, accusing him of manipulating the media and using influence on Facebook to oppose copyright reform favourable to the CRIA. In the more current post he states:

Prof. Geist tries to taint the recording industry as blatant copyright infringers, without ever delving into the industry wide accepted custom for clearing mechanical rights. The pending list system, which has been around for decades, represents an agreed upon industry wide consensus that songwriters, music publishers (who represent songwriters) and the recording industry use and rely on to ensure that music gets released and to the market efficiently and the proper copyright owners get compensated.

This characterisation of the pending list only matches court records in that it “has been around for decades”. CMRRA’s Basskin, a lawyer and industry insider, goes into great detail on the major labels resisting twenty years of collective societies fighting, and failing, to negotiate a situation where the labels take adequate measures to mechanically license works and pay due fees, royalties, and accrued interest.

What Sookman clearly overlooks is that, without factoring in any interest amounts, the dollar value of the pending list is increasing, as shown with the following two tables for mid-2008.

As is clear, there is an increase of C$1,101,987.83 in a three-month period. Should this rate of increase in the value of the pending list continue and Sony’s unvalued pending list be factored in, the CRIA’s four major labels will have an outstanding debt of at least C$73 million by end-2012 when the association’s Mechanical Licensing Agreement runs out.

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