Microsoft Windows Vista: The Beginning or the End of End-User License Agreements as We Know Them Recent Development.

Microsoft Windows Vista’s widespread use and influence on the market represents an ideal case study on the enforceability, pitfalls, and future of the End-User License Agreement (EULA). Since the release of the Windows Vista operating system in early 2007, Microsoft consumers often do not realize they are entering into a contract with Microsoft when they install Windows Vista onto their computer. Microsoft consumers probably do not realize that they may be clicking away valuable rights. In analyzing the enforceability of the specific terms of the Windows Vista EULA, Washington law will be the primary source because the Windows Vista EULA provides that “Washington state law governs the interpretation of this agreement.” Windows Vista EULA may not withstand a legal challenge. The Windows Vista EULA is unconscionable under the procedural unconscionability standards set forth by the Supreme Court of Washington. Substantive unconscionability, on the other hand, is likely to support only a finding of unconscionability as to certain clauses of the Windows Vista EULA. Nonetheless, a finding of unconscionability in even one term of the Windows Vista EULA may be enough to hold the entire agreement unconscionable. With the worldwide Windows user base projected to reach one billion by the year 2010, the uncertainty surrounding the Windows Vista EULA has the potential to have an economic impact far beyond the software industry; thus, its enforceability is a crucial issue. Therefore, it falls to the courts and the legislature to strike a balance between the rights of consumers, businesses, and software developers

Microsoft Windows Vista: The Beginning or the End of End-User License Agreements as We Know Them Recent Development.

Microsoft Windows Vista’s widespread use and influence on the market represents an ideal case study on the enforceability, pitfalls, and future of the End-User License Agreement (EULA). Since the release of the Windows Vista operating system in early 2007, Microsoft consumers often do not realize they are entering into a contract with Microsoft when they install Windows Vista onto their computer. Microsoft consumers probably do not realize that they may be clicking away valuable rights. In analyzing the enforceability of the specific terms of the Windows Vista EULA, Washington law will be the primary source because the Windows Vista EULA provides that “Washington state law governs the interpretation of this agreement.” Windows Vista EULA may not withstand a legal challenge. The Windows Vista EULA is unconscionable under the procedural unconscionability standards set forth by the Supreme Court of Washington. Substantive unconscionability, on the other hand, is likely to support only a finding of unconscionability as to certain clauses of the Windows Vista EULA. Nonetheless, a finding of unconscionability in even one term of the Windows Vista EULA may be enough to hold the entire agreement unconscionable. With the worldwide Windows user base projected to reach one billion by the year 2010, the uncertainty surrounding the Windows Vista EULA has the potential to have an economic impact far beyond the software industry; thus, its enforceability is a crucial issue. Therefore, it falls to the courts and the legislature to strike a balance between the rights of consumers, businesses, and software developers

Solar Sail Topology Variations Due to On-Orbit Thermal Effects

The objective of this research was to predict the influence of non-uniform temperature distribution on solar sail topology and the effect of such topology variations on sail performance (thrust, torque). Specifically considered were the thermal effects due to on orbit attitude control maneuvers. Such maneuvers are expected to advance the sail to a position off-normal to the sun by as much as 35 degrees; a solar sail initially deformed by typical pre-tension and solar pressure loads may suffer significant thermally induced strains due to the non-uniform heating caused by these maneuvers. This on-orbit scenario was investigated through development of an automated analytical shape model that iterates many times between sail shape and sail temperature distribution before converging on a final coupled thermal structural affected sail topology. This model utilizes a validated geometrically non-linear finite element model and a thermal radiation subroutine. It was discovered that temperature gradients were deterministic for the off-normal solar angle cases as were thermally induced strains. Performance effects were found to be moderately significant but not as large as initially suspected. A roll torque was detected, and the sail center of pressure shifted by a distance that may influence on-orbit sail control stability

Pasture Management in the US Midwest – An Assessment of Current Practices and Future Opportunities

Managed grazing offers significant potential to improve the sustainability of livestock farms in the US Midwest, however the benefits of managed grazing are largely influenced by the management practices employed on farm. The objective of this study was to gain an understanding of current grazing practices on Midwest farms and to identify the knowledge and support needs of graziers. A total of 185 responses were received from a range of different enterprises including dairy, beef, and sheep production. Results show a substantial degree of variation in grazing management practices between respondents and highlights significant scope for improvement on farms particularly in the areas of pasture measurement and budgeting, and grazing infrastructure. Reported benefits of managed grazing included lower environmental impact, better pasture and animal performance, better animal health and welfare, and lower costs. Challenges with managed grazing included time and labor input, maintaining pasture quantity and quality during the grazing season, adverse weather conditions such as excessive rain and drought, and animal health challenges such as heat stress, parasites and in some cases coyotes. The study highlighted opportunities for research and extension providers to better support farmers with information and advice and identified knowledge gaps in areas such as pasture species selection, soil fertility, grazing infrastructure, pasture budgeting, legumes, and pasture measurement. The study successfully gained an insight into graziers in the Midwest, the outputs of which, will be valuable to a number of key stakeholders going forward, including researchers, extension agents, farmers and policy makers

Herbivore-mediated negative frequency-dependent selection underlies a trichome dimorphism in nature

Authors are grateful for funding provided by an NSF GRFP to J.K.G. (2015195769) and DEB‐1353970 to L.F.D.Negative frequency‐dependent selection (NFDS) has been shown to maintain polymorphism in a diverse array of traits. The action of NFDS has been confirmed through modeling, experimental approaches, and genetic analyses. In this study, we investigated NFDS in the wild using morph‐frequency changes spanning a 20‐year period from over 30 dimorphic populations of Datura wrightii. In these populations, plants either possess glandular (sticky) or non‐glandular (velvety) trichomes, and the ratio of these morphs varies substantially among populations. Our method provided evidence that NFDS, rather than drift or migration, is the primary force maintaining this dimorphism. Most populations that were initially dimorphic remained dimorphic, and the overall mean and variance in morph frequency did not change over time. Furthermore, morph‐frequency differences were not related to geographic distances. Together, these results indicate that neither directional selection, drift, or migration played a substantial role in determining morph frequencies. However, as predicted by negative frequency‐dependent selection, we found that the rare morph tended to increase in frequency, leading to a negative relationship between the change in the frequency of the sticky morph and its initial frequency. In addition, we found that morph‐frequency change over time was significantly correlated with the damage inflicted by two herbivores: Lema daturaphila and Tupiochoris notatus. The latter is a specialist on the sticky morph and damage by this herbivore was greatest when the sticky morph was common. The reverse was true for L. daturaphila, such that damage increased with the frequency of the velvety morph. These findings suggest that these herbivores contribute to balancing selection on the observed trichome dimorphism.Publisher PDFPeer reviewe

Human coagulation factor X deficiency caused by a mutant signal peptide that blocks cleavage by signal peptidase but not targeting and translocation to the endoplasmic reticulum

Human factor XSanto Domingo is a form of coagulation factor X in which a mutation within the signal peptide region of the precursor protein has been correlated genetically with a severe deficiency of factor X in the affected individual. A point mutation results in substitution of Arg for Gly at the critical -3 position of the factor X signal peptide. To determine the biochemical effect of this mutation on the biosynthesis of factor X, the wild-type and mutant factor X cDNAs were subcloned into a vector for transcription and translation in vitro. Translation products of mRNAs encoding portions of both mutant and wild-type proteins were used in a systematic biochemical approach to evaluate directly the effect of the mutation on targeting, transport, and proteolytic processing in vitro. The results show that targeting and transport of factor XSanto Domingo to the endoplasmic reticulum are functionally dissociated from the removal of the signal peptide by signal peptidase. Factor XSanto Domingo is translocated into the endoplasmic reticulum but not processed by signal peptidase. Transient expression of the wild-type and mutant factor X in human embryonic kidney 293 cells revealed apparently normal secretion of the glycosylated two-chain form of factor X but no secretion of factor XSanto Domingo. Thus, the inability of signal peptidase to cleave factor XSanto Domingo is directly responsible for the absence of circulating factor X and leads to the bleeding diathesis in the affected individual

Circulating microRNAs differentiate fast-progressing from slow-progressing and non-progressing knee osteoarthritis in the Osteoarthritis Initiative cohort

INTRODUCTION: The objective of this study is to identify circulating microRNAs that distinguish fast-progressing radiographic knee osteoarthritis (OA) in the Osteoarthritis Initiative cohort by applying microRNA-sequencing. METHODS: Participants with Kellgren-Lawrence (KL) grade 0/1 at baseline were included (N = 106). Fast-progressors were defined by an increase to KL 3/4 by 4-year follow-up (N = 20), whereas slow-progressors showed an increase to KL 2/3/4 only at 8-year follow-up (N = 35). Non-progressors remained at KL 0/1 by 8-year follow-up (N = 51). MicroRNA-sequencing was performed on plasma collected at baseline and 4-year follow-up from the same participants. Negative binomial models were fitted to identify differentially expressed (DE) microRNAs. Penalized logistic regression (PLR) analyses were performed to select combinations of DE microRNAs that distinguished fast-progressors. Area under the receiver operating characteristic curves (AUC) were constructed to evaluate predictive ability. RESULTS: DE analyses revealed 48 microRNAs at baseline and 2 microRNAs at 4-year follow-up [false discovery rate (FDR) \u3c 0.05] comparing fast-progressors with both slow-progressors and non-progressors. Among these were hsa-miR-320b, hsa-miR-320c, hsa-miR-320d, and hsa-miR-320e, which were predicted to target gene families, including members of the 14-3-3 gene family, involved in signal transduction. PLR models included miR-320 members as top predictors of fast-progressors and yielded AUC ranging from 82.6 to 91.9, representing good accuracy. CONCLUSION: The miR-320 family is associated with fast-progressing radiographic knee OA and merits further investigation as potential biomarkers and mechanistic drivers of knee OA

Information and communication technology solutions for outdoor navigation in dementia

INTRODUCTION: Information and communication technology (ICT) is potentially mature enough to empower outdoor and social activities in dementia. However, actual ICT-based devices have limited functionality and impact, mainly limited to safety. What is an ideal operational framework to enhance this field to support outdoor and social activities? METHODS: Review of literature and cross-disciplinary expert discussion. RESULTS: A situation-aware ICT requires a flexible fine-tuning by stakeholders of system usability and complexity of function, and of user safety and autonomy. It should operate by artificial intelligence/machine learning and should reflect harmonized stakeholder values, social context, and user residual cognitive functions. ICT services should be proposed at the prodromal stage of dementia and should be carefully validated within the life space of users in terms of quality of life, social activities, and costs. DISCUSSION: The operational framework has the potential to produce ICT and services with high clinical impact but requires substantial investment

The influence of sex-division, experience, and pacing strategy on performance in the 2020 CrossFit® Open

To observe workout pacing strategies and determine which best predicted performance, this retrospective study analyzed recorded efforts from a random selection of 160 high-ranking (top 10,000) men and women (n = 80 each) in the 2020 CrossFit® Open (CFO). Video recordings submitted to the official competition leaderboard for all five tests were analyzed to quantify overall test completion rates (and tie-break time for test 5 only) and within-test repetition completion rate (repetitions × sec−1) for each exercise, as well as the quantity of failed repetitions, break strategy (count and duration), and transition times. Each variable was aggregated into first-half, last-half, and total-test averages, slopes, and coefficient of variation; except on test 5 (total-test only). Spearman's rank correlation coefficients were calculated between test completion rates, each test's respective pacing variables, competitor demographics (height and body mass) and CFO experience (i.e., past participation, consecutive competitions, and ranks). Stepwise regression using significantly (p < 0.05) correlated variables produced two prediction models for test performance (best predictor only and best overall model within 8 variables) in a validation group (50% of valid efforts) and then cross-validated against remaining athletes. When no between-group differences were seen, data were combined and used to create the final prediction models for test 1 (r2adj = 0.64–0.96, SEE = 0.4–1.2 repetitions × sec−1), test 2 (r2adj = 0.28–0.85, SEE = 2.0–4.5 repetitions × sec−1), test 3 (r2adj = 0.49–0.81, SEE = 1.1–1.7 repetitions × sec−1), test 4 (r2adj = 0.63–0.78, SEE = 0.6–0.9 repetitions × sec−1), and test 5 (rate: r2adj = 0.71–0.84, SEE = 1.2–1.6 repetitions × sec−1; tie-break time: r2adj = 0.06–0.62, SEE = 1.4–2.3 min). Across the five 2020 CFO tests, the data suggested that repetition pace, breaking strategy, and/or consistency in completing calisthenic-gymnastics components (when prescribed) was most predictive of performance. However, their influence was affected by the complexity of prescribed resistance training exercises and their relative loads. Athletes should prioritize calisthenic-gymnastics components but divert attention to more complex resistance training exercises when prescribed at higher relative intensity loads. Neither previous competition experience nor sex-division altered the hierarchal importance of these considerations