I got I got to say I'm getting each day. I'm getting closer to my lifelong dream of becoming a talk show host and I get to practice it with you, which is awesome Fantastic.   Hi. This is my fourth slush and just so happy to be back here and actually in real life It's amazing Yeah, I completely agree and it's wonderful to see all the people here. I said, right? I think we're gonna have a wonderful chat about something. That's obviously very close to our hearts Come talking with gaming talking about MMOs But even more so and kind of what the next frontier for some of these more deeper more engaging games are are going forward and Naturally hearing hearing from the best best in the industry But obviously we don't have a lot of time on our hands So I think we should cut to the chase here and start start getting into the discussion So I want to start the discussion asking you You want to tell us a bit about why you started mainframe and just how did the team come together? Yeah, sure So mainframe industries the company that I'm one of the co-founders of Came together around an idea that a few of us had over the years of creating a virtual world a social virtual world that Would breach potentially millions of people that would choose to call that world Their online home for hopefully decades to come some of us had worked on projects like have a hotel here in Finland or Eve online in Iceland and we came together as a group of co-founders across Iceland and Finland to create an air bridge of experienced developers looking to kind of create the game that we've been practicing for our whole life Hmm, and I think I think what's real special about mainframe is this very rare combination of triple-a talent from companies such as Remedy and obviously CCP the guys who built even line But also combining it with this free-to-play expertise that's been built in Finland for many years Obviously the the original guys from Sulake building up a hotel later at next games And how have you seen these two kind of worlds converging? Yeah, it's a great question So our concept around the team formation and the founding team and then subsequently the team that we've built out now Was really to bring together three different corners of the games industry So mobile gaming MMO and triple-a PC and console because the the massively multiplayer online game that we are creating needs to be adapted and Excel on every screen that it's playable from and that means mobile that means your laptop that means your Large-screen TV console, etc. And that's a fairly challenging design Spike so we had to bring together a really unusually diverse group of developers to really have a shot at climbing this mountain Exactly and everyone's aligned on the same mission here and that there's no no prior to anyway, but that's not that sounds really good Then if we if we jump into the topic of cloud gaming Obviously, it's a topic now That's during the latest years generated a lot of hype a lot of awareness especially in the gaming industry But also in the wider wider kind of tech space with a lot of the incumbents having They're already building platforms in this space with Microsoft xCloud Amazon Luna Nvidia GeForce now Google Stadia So so it's clear that these these platforms want to be the de facto infrastructure for the content companies of tomorrow and the ones that are building the next big games, but Needless to say there has been Their own hiccups in the space as well mainly with Google Stadia having had their ups and downs So what are some of the challenges that still remain ahead when you guys are building in this space? Yeah, I think what's really fascinating about what has been Emerging over the last couple of years really are the you know the largest tech Forums and Giants in the industry are all moving to bring to gaming what happened to music and video With companies like Spotify and Netflix You know each of these companies that you noted are setting up, you know, very expansive technology Infrastructures that allow gaming to be made accessible to you know anyone that has a screen You know whether it's your phone your TV or your PC the challenge I think really with the space is like any new creative Disruption that is happening is that the old ways of creating games for PC or console, etc There are certain type of you know creative Execution but to create something new for the medium takes experimentation. There's a lot of risk-taking There's sort of a leap of faith and so this is a very classic sort of technology shift that is giving rise to new companies new concepts and It takes time. So what we've seen so far in cloud gaming is really Catalog games or games that were created for PC and console simply made available in the cloud So it's like having a game console in the cloud It's Experientially not any different from playing it on your Xbox or on your PC and that's just a function of time The studios the startups need time to create Content that's made for the medium. So that's taken a little bit of time I think we're just around the corner from starting to see some of the breakthrough Experiences that really you leverage what cloud gaming brings to the space No, exactly because I was trying out always PS now some time ago And I think I think the first effect is obviously the kind of fit getting the sense of a Netflix for games that it's Just pick it up from there start playing, but yeah It's a it's a lackluster experience when compared to playing playing the actual game on-site currently and I Like your point about what you said about about kind of obviously the new is the new titles that are going to shape What's actually possible with the tech? I think people usually They give a lot of credit to the the platform and the infrastructure being able to to give the features and the tools and etc That the developers then can use a build a platform and then the content will come But but I think especially in gaming is clear that it's the studios It's the games that actually push the tech to their limits and that's then what spurs more innovation on the infrastructure side And I think I think the same thing is probably happening here as well We had I think good examples would be Gran Turismo on on on PlayStation at the time and And obviously Halo 2 and and their multiplayer on Xbox and how we're there pushing pushing a lot of that infrastructure And I think this is actually a great segue Into the discussion of what we could expect from this new breed of cloud native games and Could you describe to us and to the audience here? What cloud gaming what cloud gaming really means in your view and what are some of the key things you're most excited about yeah, sure So sort of to just establish the basic sort of possibility space Technologically You're essentially running an instance of your game in the cloud in a data center and then streaming that as a series of video frames that are then being you know controlled by the screen that the player is on so That that's sort of the baseline and we're now at a stage where we're starting to see really high quality experiences technically But really the breakthrough In my opinion is going to come from both the new types of user experiences the kind of Ways in which we can access and play Game is made for this medium But also it's it's critical to also remember that Cloud gaming brings a complete shift in terms of how we do user acquisition How onboarding happens this notion of friction-free seamless Accessibility to a game experience that possibly was recommended to you by a friend who just sent you a link on whatsapp or messenger Or snap and you're jumping in and you're getting into the action immediately So the virality that the cloud enables is just a game changer from a game developer perspective Exactly and I Think I think sort of what's what's cool about that part is that obviously now if I start playing a high-end PC game It's it's quite the setup process It's much better than it used to be because now you usually have a launcher in place It's a download process, etc. You can start playing while downloading, but it's I don't think it's anything compared to let's say In this space, I would be watching some of my favorite twitch streamers, you know a lot world of Warcraft We've had this this discussion many times and Obviously I watch a lot of content creators from that space as well, but What if obviously they're doing really cool live events in the game? But I'm only participating as a spectator watching the stream I might spam the chat, but there's not much else I can do But but now imagining that okay my content creator Organizes this raid for 200 people and I'm like I want to get into the action So could I basically in this in in this space? Could I just click the stream jump straight into the action of playing with it?  You're maybe watching what's happening in the session But you can actually either choose to do an airdrop So similar to the film The Hunger Games where people spectating are actually becoming participants in the game And not only that but you can choose if you have time and you're in the right location To actually jump into the action So if you're a member of a guild for example from World of Warcraft that of course you played competitively for many years You know if your guild leader is calling for support that call to action happens on whatever screen is available to you at that time And that's just insanely cool to be able to kind of multiply the level of engagement the number of people Beyond what we traditionally do we have a session-based game like fork might etc Yeah, I think it has the potential to just have a multiplayer effect on The engagement and participation in video games, and that's just a hugely exciting innovation Exactly and one thing I want to double click there on is is basically is this notion of I think When you can access the game through many different platforms and I could play it on mobile. I could play it on browser And and it changed the session quite a lot because now if I look at the MMO games that I've been playing Obviously it requires it's a big time investment. I gotta sit down for a couple of hours and I'm just do the grind But there's not much I can do outside of those hours despite there's The MMO gamers in the audience know this but there's a lot of chores we need to do in these games as well It's almost like a second job at times obviously a very fun job I actually remember this my favorite advert back in the day was from Logitech. It said Work horse by day warlord by night and that was this guy image of this guy playing playing MMOs and but What do you think about or how do you see basically how this changes how players can interact with the game outside of that Core session itself could there be stuff that let's say when I'm waiting for the bus Jump in and do do certain things in the game. I might not play the full game at the time But how do you how do you see kind of the? Disimpacting kind of sessions and the way that players can interact with the game or on a more frequent basis or or let's say I'm How how how will it look different in terms of the let's say the old yeah, I think what we're seeing with both our project and some of our peers in the industry is a Expectation that the engagement pattern with the game will change fundamentally because you're you have access to that game session Throughout the day. So yeah to your point. It's hard work, but it's also entertainment throughout the day But more over what I think is really compelling is because our phone is our major social tool This is how we communicate with our friends, etc The ability to dip in and out of that virtual world, which is also your social network That's where all your friends are Throughout the day whether that's just for a couple of minutes You know checking in maybe doing a little bit of prep for your longer game session that evening This this kind of pattern and frequency of engagement with the game is Just radically different from what we've seen before because to your point if you're a PC gamer or console gamer You have to sort of intentionally plan get ready block out some time, you know a couple of hours usually But in a cloud game Scenario you're doing that throughout the day at your option and that is just a Tremendous shift again in terms of how social and the network effects of video games will change with this This shift the clock game exactly Another thing I want to double click a bit on is Matthew Ball had an interesting essay I Think a few years ago on basically what the next gaming audience looks like obviously the last big shift We saw was mobile coming into the market bringing billions of new players Across the globe of his mobile is the biggest market by revenue and by by user numbers And he had this compelling idea of of actually the next Audience of gamers being the spectators actually and how to actually build experiences for them And also for them to to get vested into the stuff they're following because I'm I also find myself Spending more time watching the content creators that play in the game Game itself. It's it's quite the social experience also just be part in the chat and follow follow what's happening but With that in mind Yeah, I mean I think just to tack on to that like when I think about how Spectating is evolving and streaming obviously if you spend time on Twitch You can kind of just passively watch what's happening. And that's how most people discover games today They don't read game reviews. They're watching on Twitch or YouTube or Facebook gaming And we're starting to see of course this shift toward an interactive format Which is the chat on the side and you can kind of interact with the streamer with the influencer that you're following And that's been happening for a number of years, but it's this next step of Breaking through the fourth wall Crossing over into the action That is is just it's a complete game changer. It literally is like when I think about mass media, you know when when You know TV came along the first idea was let's do radio plays, but on the screen You know, we we all look at what we did previously on previous versions of that medium And that's what happens initially and of course we see a glimmer now of this with what Twitch are doing with the Bit the ability to drop bits, you know, basically give tips to the influencer But I imagine how cool it is if you can actually show your fandom the fact that you're a super fan of this influencer by Supporting them directly in the game And then if you're ready for it drop straight into the session with that influencer and you're there you're playing and It's just from a creative perspective. That's what gets us out of bed It gets us excited about this this shift exactly and to put things into context. Could you do you have some ideas? You could share on what this could look like in practice. So for the audience. What could audience participation? You mentioned something like buffs What what could audience participation look like in the game that you're building? Yeah, absolutely I think so we're experimenting with a number of different interaction patterns and and sort of The the way in which we think about the core loops of our project are all with this shift from passive spectating viewing to Active participation in mind So we're always thinking about what is the user behavior or the player behavior when they cross that fourth wall and jump into the game And so we believe at least that the concept of social onboarding is incredibly powerful This idea that instead of going through a traditional first-time user experience Where the game developer needs to kind of catch you catch you really in the first few minutes of gameplay Wouldn't it be cool if the first time you hear about this game is from your best friend who invites you to join And when you get there seconds later They're waiting for you. They're there And they begin that social connection happens immediately in the game now I think that doesn't remove the need for a classic onboarding and first-time user experience because people will also come to these games Using playable ads for example So Facebook has been doing some innovation in this area Google as well this notion of you know accessing a demo of the game by watching a live session of the game and jumping in and Trying it But we want to go a little bit further with this and I think most of our peers that are thinking about this Want to go beyond just a demo which is the playable ad Conventional demo to actually deep linking and joining into kind of random arbitrary moments of the game world but again always in that social context, so This is hugely experimental You know as as a game developer We know how hard it is to balance that first minute that first five minute experience the moment moment action So this is non trivial to pull off But again, it's just such an exciting opportunity space for us creatively And I think that's really what I'm looking forward to the most is seeing how people use that shift in the medium creatively That's a really interesting challenge actually because we've seen obviously studios in in free-to-play They have honed the onboarding process now for years It's it's it's very strict on what we need to teach these players in the beginning So they learned the game very intuitively But what happens when for the first time I click I click I click a deep link Get into the game with someone else for the first time in that game. We're fighting some end-game content there I'm like, okay. What's happening? But yeah, it's an interesting challenge. It's hard.  You're gonna say wow. I mean I just got literally You know the most visceral dramatic element of the game and that was my first experience So I think that is just hugely exciting and of course You know you you practiced a lot to get to the moment where you were literally ranking You know at the top of the league in europe as a competitive pvp a wild player But you know to get that sense of emotional connection so quickly with your friends is is just Tremendous, so I'm looking forward to what What you're going to actually be doing when you come back to A competitive MMO and and how you would sort of assemble your party differently You know, how would you put together? The best possible experience for all the people that you're trying to recruit to your clan and bring into the game Right, so you become a co-creator of that experience in in this world Yeah, so currently i'm thinking two options that i'm going to do in the game First i'm going to give it a try on On the bosses i'm going to try and get the best team go out there If we get if we get our asses whooped i'm just going to go and build a house on one of the ridges In the game and just be uh, just I'll just be a farmer But um, but we'll see we'll see what ends up happening Uh, one thing I'd like to touch upon a bit and also kind of catering to the founders Also in the space that are working with experimental tech across industries or or or even in gaming How are you thinking in terms of Of know what platform to optimize obviously because this is accessible through a multitude of platforms, but I would assume there's There's one platform that you're optimizing for and and the other ones are kind of secondary to that So how are you approaching that? Yeah, that's a great question. So for our particular Project, we are very much trying to treat each screen or each device as an equal citizen in the experience Now in practical terms that of course means that the user interface the user experience is going to be different when you're playing on a touch screen Uh, you may be doing shorter core loops shorter experiences You may choose to be engaging in voice communications rather than texting Simply because of screen space that's available to you Um, and so as game developers if we're thinking about this Shift we need to think about each of these screens as being an equal entry point So we actually don't view mobile as like an accessory to the experience You know some of our players of course core mmo fans will come to the game on the traditional pc setup They've got their rig. They're you know, they've been playing games for years But I think the exciting part is if we if we don't view mobile as like an afterthought If we think about it from the get go then The experience the feeling of being an equal participant in the game for people that come to it from mobile is just going to be Completely different from what we've seen previously because as you know The conventional way to reach multi-platform is to port the game Adapt it to that particular platform But usually the game starts as a console game or a pc game or as a mobile game And its roots are always obvious, you know, it's never a native experience It's just a port of something that was mastered in a different format So I think that is one of the big challenges. This is a hugely challenging design problem It's one of the reasons why we founded our company here in Helsinki because the innovation around mobile gaming You know the shift touchscreen gaming happened here with companies like supercell rovio and so on And and and so you know maximizing for that Thinking of treat each of the screens that you aim to be on as a window into your world and make it as optimal as you can from the beginning That's sort of the initial design principle and it's really important to think about this because what's happened in gaming Over the decades is roughly every decade. We see a technology innovation that leads to creative disruption It happened in the 90s with the advent of 3d hardware acceleration that led to games like tomb raider I mean playing as lower craft in the 90s was just amazing and that was enabled by that shift In the early part of this century. It was the shift to digital distribution The movement from downloaded or box product to downloaded products And then of course the internet and the connectivity led to the rise of mmo's In the last decade it was about the shift to touch screens And and every time these shifts happen roughly again once a decade You know the new furry animals show up to kind of run underneath the dinosaurs But they always do it because they're leveraging a underlying shift And that's where the the opportunity for a startup or a startup studio comes because let's face it if you're just going to compete with the big guys Like trying to go head to head you're you're playing a losing game So you need to bring something fresh something different as a new team. And so that would be My main takeaway you you wait for that moment and if you pattern match to that shift and you form your thesis as a founder Then you move as quick as you can and and jump into the deep end because that's where you're going to actually You know dominate if you're if you assemble the right team. Yep perfect Looks like we're out of time Thank you Thor for the amazing session always pleasure It's a pleasure. Absolutely. And and so you're going to be the talk show host in a future cloud native mmo Being the mc for a raid party that you assembled with your team. Yes, I will be I will be the caster for that raid Fantastic. Thanks. I'm signed up Cheers. Thank you everyone


that I have these two deposits that add up to the amount that is in the undeposited funds or funds to be deposited, and we can deposit them at one time. So let's do this now. We're gonna deposit it into the checking account. We're gonna say it's the end of the day. So now we're imagining that we got the money during the day. We're imagining their cash money, even though it's way too much for normal cash transactions, but we're gonna say we have the money. But when we go to the bank, we're gonna deposit it in one lump sum. And this would be similar to what a credit card does. The credit card company would compile the money for a certain time period and then deposit it not one at a time into your checking account, but in one lump sum. So we can imagine that as a similar process to us physically collecting cash and then depositing it into the bank as one lump sum. So this is also why we would want to use the deposit form as opposed to the shortcut ways to make a deposit form, which would include possibly the bank feeds directly or the check register. Why? Because this deposit form has this section here which allows you to combine these payments. So now we see these two payments that we can combine if there were sales receipts, meaning sales that are happened like at a check register. Those are also things that would populate in here. And that again, that 34, 72, 50 is what is on the balance sheet in the clearing account. So if it was all cash, then we're gonna go in, we're gonna deposit it in cash. If we had multiple different kinds of payments here, note that you might, because we might have a system where we take all of the types of payments and put them through the clearing account. So in here, all the ones that are cash, we would combine together because we would deposit them at the end of the day as one lump sum. And then we would combine a different ones if they were credit cards. We would combine them together in accordance with what matches the credit card combination system. And if they were electronic transfers, then we might deposit those one at a time because they might hit our bank in exactly the same dollar amount that we received the payments for. So we're gonna group them in accordance to the way that we're gonna put them into the bank so they hit the bank in the same format as will be seen on the bank side of things which we will have to deal with when we reconcile possibly with the help in the use of the bank feeds. Remember, if there are any fees, if it was a credit card and they charge you fees, then you're gonna say, well, now I have something less than 34.72.50 because the credit card company took out fees before they put it into my checking account. Well, you can put the fees down here simply directly as an account. So it would be like bank charge fees and then you're gonna reduce the amount. You might need a negative number here, right? To reduce the amount. You're gonna say, well, they charge me $50 and then so the total, if I tag these two off, then would go down, right? So there's 34.72 minus 50.34.22. Okay, so that's the general idea but we're not gonna have any fees. We're gonna deposit both of them in place. What's this gonna do? Well, it's a deposit form. The deposit form clearly means that the checking account is gonna go up typically if that's what we assigned it to. But if you're using this top half of the deposit form and not the bottom half of the deposit form, it also means that the clearing account is gonna go down. And when I use a physical deposit form, that's what I'm doing. So that's what I'm thinking in my mind. When I'm gonna open the deposit form, I'm decreasing the undeposited funds account. Otherwise, if it was some other kind of deposit, like from me or a loan, then I would use the bank feeds, the shortened deposit form, or the register, which would still create a deposit form. But when I do the data input, I'll usually use the shortened form and only use this form when I have this issue of taking money out of the undeposited funds or funds to be deposited. Let's save and close it and look at that one. Let's go to the balance sheet. Now we can go into the checking account. Now we have the money. The money has finally arrived. There's the deposit. It's in there as one lump sum, which is what we want because that's what's gonna appear in the bank account. That's what we can match with the bank feeds. That's what we can see in the bank reconciliation. Going back, we can see it in our online checking account. Match it out. We don't have to tie anything together, add up numbers, do anything funky. If you're doing funky stuff in the bank rec or bank feeds, then you probably don't have a good system here. This is back down to zero, payments to deposit. That's fine. I could still drill down, see the detail and we can see that the deposits are here. So it's going out here on the 25th. I believe these are the two there. And this is one at a time. So we can see them going in and going out. We can tick and tie them off. We can see the increases. We can see the decreases and the payments are gonna be the increases or the sales receipt forms also increases. And then the deposits in this case are decreasing because we're taking them out of undeposited funds or funds to be deposited and putting them in the checking account. Okay, let's check out the trial balance and see where we stand. So here's the balance sheet. This is where we stand on the balance sheet. Nothing happened to the income statement. We just collected some money. There was already an asset. We got one asset and we got a better asset, right? There was people owed us money and now we receive the money. Accounts receivable went down and then the cash went up. And then we're gonna go into our trial balance. So we can check it all out in one place. If your trustee TB trial balance ties out to ours, great. If not, try changing the date increase in the date range. See if it is a date issue. Drill down to the source document. If it is possibly changed the date, which is a great thing to be able to do in a practice problem, but you gotta be careful with it actually in practice. All right, remember that the trial balance is just a balance sheet on top of the income statement. Cash is an asset account. Accounts receivables, an asset account. Inventories, an asset account. Investments, asset account. Payments to deposit, asset account. Accumulated depreciation, funny contra asset account, but it's tied intimately to the fixed asset of property, plant, and equipment, furniture, and fixture in our case. The accounts payable. This is where the liabilities start. Note that liabilities and equity are basically credits, whereas the assets are basically debits, two sides of the same corn, what the company has for the assets, who has claimed to those for the liabilities and equity. Liabilities, third party claims, like the vendors, the financial institution of the credit card company, the tax, the government, and then the bank with the loan payable, and then we have claimed to some of our own assets as well represented by equity in the format of our investment account, our owner's equity account, like retained earnings, and then the whole income statement can be squished together in one number, which would be part of retained earnings, but it's currently being broken out here, telling the story, not of the life of the business, but just the last year of the business. Otherwise, it would be too long of a story and nobody would want to listen to it if we told the whole story. Be like a 40-hour movie or something. So that ties out to 14, 8, 15. That's what's on the income statement. And then if I was to move it up a bit, these numbers will roll into equity. Let's just show you how that works. 77896, if we add that, it should be 92711. If I bring this up a year, 010125 to 123125, we run it to refresh it, and then we get the 92711. It's been closed out. QuickBooks does the closing process automatically, but only on a yearly basis, not on a monthly basis. That can cause a bit of confusion and I'm saving you the trouble of being confused by telling you about it now.


Have you ever had beef with a YouTuber? And I'm a YouTuber. That's a good one. I'm a YouTuber. We want to let's pack my Tola trees. I always like to have my Tola tree bag packed before travel, so I had to add some wipes. Of course, some lotion. Dental, of course, hair ties. And then, obviously, I cannot forget my fragrances. The fragrances that I like to keep in my Tola tree bag are from Scentbird. And if you don't know what Scentbird is, they are a frequent subscription service where you get to choose a new design and fragrance to try out every month for just $17. You can choose over 600 designer brands to choose from. This is convenient for me because I'm a perfume girly and the perfume samples you can get at a perfume counter aren't realistic. So I like that they give you a 30-day supply to try out the fragrance before committing to the full-size bottle. So the fragrances that I have for this month are from Tensiana Torenzi Kierke. I love this, the first spray. You can really smell the passion fruit. It dries down, you can really smell the petroleum must. Such a perfect summertime vacation scent. Definitely keeping this in my Tola tree bag. Next, I have the Harmonious Magnetic Wood EDP. This smells like a Jolly Rancher to me. It has bergamot, cedar wood, green mandarin, mimosa, sandalwood. Again, perfect summertime scent. Kenzie Zest for Life. It has mango, pineapple, grapefruit, lemon, and tangerine. This is for the girlies that like to smell like a bowl of grapefruit on a daily basis in the summertime. I'm in an Anicio girly, so I'm so excited to be trying the Anicio must therapy. This is the perfect everyday scent for spring and summer. You can really smell that white magnolia, the white sandalwood, the mandarin, the bergamot. It's just such a beautiful scent. You'll be able to get your own scent bird fragrances. All you need to do is click the link below and use cold kyra for 55% off your first order, making that $8 for your first month. Don't forget to click the link and thank you so much, scent bird, for sponsoring this video. What is popping? This is my first official intro to the birthday vlog or whatever this is gonna be. So today I just got my nails done. So cute, my birthday nails. Y'all see Tim do my nails all the time. So I really didn't wanna bring on in there cause also it's a little, it's been a little chaotic, it's been a little chaotic today just because planning to shoot and planning things for my birthday, trying to get an outfit together in my head.  I, this is, I see why people got up assistant cause I'm one person and I'm also was, this is like my first type of shoot, like getting people to do my hair. Like the other shoot, like the hair was already installed. That wasn't a thing. Makeup artist, like whatever. But now, I don't know. Maybe it's cause it's my birthday. Like, I don't know. But yeah, so I'm doing a birthday shoot today and it's gonna be cute. I can't wait. I'm excited. But I also gotta get some work done. And that's on top of it. It's me trying to edit, then go get my nails done, then meet everybody at Royal Suite and then just do all this extra stuff and it's hard. And a good thing I had somebody go get the hair for me cause that was one thing that knocked off my list that I didn't have to do. So I have to go back home and upload a video. Three, that was just too much for me.  Right now, I'm really not doing anything.   I'm letting things flow. You know, I'm not trying to stress too much. But yeah, so happy new vlog and let's get it started. And also I met two of my girls in the nail salon today. One of my girls' name was Dolly. She told me to go to the new restaurant called Zaki. It's a Lebanese restaurant. I always see it every time I walk past. She was like, it's so good. So I definitely gotta stop there. So hey boo. But yeah, so let's get cracking. And it's so nice outside today, y'all. It's been so ugly. It's definitely like in the springtime. Hey y'all, so I just got my hair done and we are about to make our way back to everybody. Deja did my hair. She slayed. Okay, I feel like wrong. Oh my God, please don't look at those. I have my waist trainer on y'all. I need to start wearing this on the regular.  And I still have to go get my makeup done. Well, the makeup artist and the hair stylist is going to be on set and I'm so excited. So let's go. No. Late night shoot. Are you recording it? Are you recording it? Oh, Kalia and Deja. Hi! Running in back. Don't forget. Kalia. Remember, we practice it last time? You said oh, Kalia. Oh, Kalia. Oh, Kalia. Kalia. Kalia. Okay. Yeah, I had it right it just put all in front of me Kelly is Y'all know she look like Jodi would I'm like wow No, you're sending what you're stunning queen I'm gonna throw that cake on oil after Oh, yeah, you can open it so this is gonna be the cake for the shoe.  No, she loves me. No, let me tell them how you be acting Go ahead. Tell me tell them cuz everybody in the comments.  Whoa No, they don't they say that we're brothers and sister are y'all so we're about to start makeup. It's currently 1143 But we have a high energy high hopes what time did the last she will start Right it was literally Like we got to stop making this on team, but it's cool Yes Yeah, yeah, yeah Yeah, yeah, I was really working around Dejah's Scheduling also So do you want to keep the blonde wig on or do the black way Okay, we can keep the blonde wig on So we should do the leopard look first or the black Okay He always want to make a YouTube video that don't never make it Well, you didn't even introduce your videographer And you not up behind the lens I'm cropping that out Don't age me No, I never lie. She really 30 Embrace it I'm gonna be a little ratchet on the video today. Okay, go ahead ready. Yeah, I need you to Oh Give me some money.  It's literally going This is crazy. I'm just too son. So I haven't introduced myself on the camera yet And I was kind of waiting to do my grand like turn around But like over here You gotta do a pop-up thing of her name I'm gonna get your name wrong because I hate when people in my name. They play Kara Yeah, people call you here a lot. I know it's disgusting. What makes people think is yeah, cuz that's so weird But you say your name every time I swear, but you know what I didn't know I thought your name was Kyra Monique For the longest.  No, I just saw it. It's just a lot of letters together Doesn't my skin look better from the last time? I mean you can just looks amazing.  We're here I woke up at 6 a.m. Went to my workout So that was up. Yeah, I was up to I've been up since Yeah, I've been I probably took like four naps today I'm probably not tired. I haven't taken no nap. I've just been on the go Drinking water.  Royal after dark so you know I got my family's friend I'm not Do you remember my first normal leg Do you remember my first time eating? Yeah What was it in Miami? Rollerblades on a beach He was a literally stalking me on the boardwalk was I yes What's your camera like you you came up to me off that you know how that dude on tic-tac is like Can I take a photo you yeah, he was like can I take a photo you and I was like no Yes Kind of matches mine, but mine's better. So what's your plan to your birthday my plans? I'm gonna go to Chicago. Okay the Wendy city. Okay, maybe visit the bean go out to eat with my sister. Okay And some of our friends and just have a good old time Before I get into the question this stuff, I don't try to get into the makeup part Yeah, I would do it for you. Thank you What's your Instagram?   I'd be going places and I swear to God like probably like a few weeks ago I went to the studio. I was gonna set up the girl ran up to me. She's like, you're wrong Yeah No, no, no, listen, so what I'm saying, you know, okay, she knows me. She's like, no, I saw you on Kyra's YouTube I said yeah, I said Kyra favors So it's pretty cool It was pretty cool I mean It was something to get used to for sure But I feel like I'm not where I want to be yet But thank you for acknowledging that, you know, I'm one of the top girls But I'm definitely worthy of getting to you know, one million that top top top top What do you expect on the first day I just feel like that's just proper shivery Like I don't know why they just be like old flowers is such a big thing when it's only fucking $20 at home foods like what's up So you don't care if it's $20 No, because roses are in roses. They look cute. They look pretty. I get the $20 one So why wouldn't I expect you to go get them? She won't think about it But if it's a special occasion of course like you can always upgrade But we can always start small baby. Okay, we can always start off with a Rolex. I don't need the pad again So you tried so many celebrities, but what's your favorite? Who's your favorite person to shoot? Like you could keep shooting with them over and over Like celebrity or something it could be anybody I got a lot of girls Well, you can tell me No It's a few people Okay, who's your dream person to shoot with? I gotta shoot it. I Definitely want to shoot Collie Jenner. Oh, yeah She's on my bucket list for sure Lori Harvey, I gotta shoot For sure. Wow She's really it. Yeah, so you was like, yeah, I need her in my lens. Yeah, I need her I ain't no, you know, so I had opportunities and stuff so I asked her where I feel like you're a time and place for everything though Right. Yeah. So it's gonna come. Yeah. One of the times right. I really don't need to try and force nothing You know, if there's nothing to be it's gonna be Okay, okay, so do you do a lot of explicit shoots? Have you in the past when you said explicit? Yeah, I'm not gonna lie when I first started photography, you know, my background I come from doing music So I didn't really know much about photography. I just thought you get the camera and I'm from Miami a lot of girls Want to be naked so it's like I was just going with the flow kind of thing But now it's like I want to go more editorial I'm trying to go fashion because I feel like I've done on that line It's boring to just shoot girls new I don't really shoot new But showing all the skin and I I feel like it's time to just because my work is way more Not I'm actually getting into photography in the middle of it and seeing like what really not matters It's all about building my legacy and just shooting all that new stuff. I don't really get you too far Right. It just become like What's your goal for this year? My goal for this year more publications expanding um and just I want harder than ever So when you were doing these explicit shoots, would you ever get? Um, honestly You know, honestly people always ask me this right my friends always ask me Y'all, when you shoot how these beautiful women, how do you keep yourself together? Because you gotta understand like The minute so you got to choose one You got to choose the money. You got to choose the money or you got to choose that getting on in trying to You know float yeah float decline and you know, like I always I'm not I got too many responsibilities I take the money every time I'm trying to stay away from my clients You know, because anybody ever tried to sleep with you on set. Of course. Do you have you ever done it?  I shot Ari after her and I had Ari pictures ready before um, like two days after But my contract, you know, my it's my everyday plans. It's like my turnaround time is two to three weeks She got mad trying to sue me that it wasn't the judge is like the photo. She was under 1500 How did you go?  Girl, you having a bathing suit? She's talking about my outfit. The judge said how much was the middle suit like So it's it's just like she lost in court had to pay court fees A few months later, I guess she found an underground blog and paid it paid paid down To try to extort me the duty and you talking about Um, if you don't pay us such a search What I'm like, go ahead.    So it's like whatever regardless But with that specific situation because in my whole life I always used to be like I feel bad for rappers and like how Chris brown or whatever Like every dinner with women saying that this and that so for that to happen to me I'm like damn.   That's just part of life.  I'm proud of you.  They understand I love people with good energy. Yeah, and people are flexible Yes, that's me. I had a girl who's like who want to be like the next person so bad Yeah, like I love when the female got confidence and they come in like I put out that camera. He don't want to bang bang bang That's what we're all saying How do you like my no-brow look? I really love the make-up Yeah, it look good on you But you know my girl gonna do her make-up She gonna get me right Yeah, this is actually It's giving like a James Bond like you could have a like I could be in a movie somebody like me in a movie.  I just want to play in the party. He just want to run big books in the bus. They pump She a baddie. She know she attempt. She a baddie Feel like I can't Oh, she max I'm taking her spot if I was bitches I need me a lot like damn. She and her move like damn. She and her move like damn. She and her move She and her move They got a box at home. So y'all it's a wrap for the photo shoot Four ten in the morning She got me here shooting at four o'clock in the morning, but you know what they put this fire on I ain't gonna care. They came out fire. So y'all better stay tuned I just want to pose like this Good morning. It's the next day. Yesterday was so Crazy.  I've been wanting to try this recipe This pancake recipe actually Let me um clean this up really quick, but Um, it's only three ingredients rolled old banana and old milk So and I'm gonna add a little peanut butter in there. Um, just to see I hope y'all we all see the pictures you like them It was very fun to get in a grungy No eyebrow type of element because it's just something that I don't know you obviously just don't get to do on a regular. So why not just go full force in a shoot And be in mode and while I was taking photos I was giving I just wanted to go for editorial Not no regular photo shoot one day. I'm gonna be in bulk or uh I'm not saying just kidding because I'm speaking that into existence. Okay, and Yeah, I I always like I was always somebody who I want to start getting more into like, you know fashion Sign with myself. Obviously y'all have seen so many people come into my life helping me style my clothes and I was always In my room Looking at like Chanel like the editorial Naomi Campbell. I was always tuned into um, america's next time model like I always like Wanted to be a model, but I always thought it was no room for me because of my My size and then also I'm a very thick girl and yesterday made me realize like wow like you are Thick girl like you are a booty for real. So I kind of want to just keep slimming it down, honestly And I don't know like you never know what the future can hold but Yeah, so I have a massage today as well I started my period last night. I'm just gonna let this Heat up and we're gonna make the batter And y'all I'm so hungry. I didn't even eat yesterday Well, so it's been a little later since I came from the spa Highly recommend water for a store yet. If you're going there for a spa Day grow you need to go. Okay period. So anyways, I just got home I just got my hair done for birthday week And oh my god y'all y'all need to go to daisies. She's the same girl that did my hair for the shoe She's out there for the last shoe and I've been to her a few times, but she slays every single time literally this is a um a quick weave install And I just she snaps literally it's nothing sewn in so Yeah, so this is like pre-birthday day and I kind of want to look at these Boots I ordered because I've been dying to see how they look. So this is from maria victoria wardrobe, that's what I don't mind sense and they're just a black knee-high boot And I've been wanting a black knee-high boot for a minute now So you see how these look I might be going out tonight Sexy just like a throw one and they're wide Big hat friendly hopefully So let's see and there's no zip around here. You just let your foot in these were affordable too All right, so these are uh Happy birthday to me. I'm going out. Okay time to strike 12 Okay, and I'm just gonna wear this chill outfit enough to major for the night So yeah, this galley that local european potato and um Dior So I'm on my way out the door y'all And I love y'all so much and I'll probably talk to y'all tomorrow So yeah I'll see y'all on the clip So a bitch is getting out Don't mind that mess in the back Like They love me but one in my place step in the party I'm looking the baddest so the paparazzi in my face pretty bitch when I creep on the gutter Said I'll be lit by that end of the summer and I'm proud that I'm still getting bigger going viral is getting them sicker Like what let's keep it a bug. It's too boring.  She and her move like damn. She and her move like damn. She and her move Like damn. She and her move she lit the money too like damn. She and her move Hey y'all so I'm in Chicago for my birthday Because I came to visit well spend it with my sister because I never do And I don't know why so That needed to change So Yeah, so me and my sister my cousin and her friend and I have a girlfriend that lives out here So she might come with us, but she's definitely coming with us tomorrow And we're just gonna have dinner and get dressed up cute. I can't wait for you I have to clean my camera. I can't wait for y'all to see my outfit for tonight. I do have to get ready It's about seven o'clock right now. Um indigent reservations are at nine 45 if you can be there So i'm gonna try and hurry up. Um I'm about to hop in the shower and then start doing my makeup and stuff, but Yeah, so happy birthday to me and my sister if y'all didn't know I am a twin And we're kind of wearing like similar outfits. Oh, I like the lighting right here So, um So, yeah I can't wait. I'm excited And this is my airport outfit. I just have on this h&m Super cute jacket this h&m halter neck tank top and then I just have all my roots. Yeah Um sweatpants and then my platform uggs. Um, but yeah, let me get ready. I'm wearing my hair straight tonight Deja had flat ironed my hair before I got on the plane Um, but yeah, I'm about to just turn on some music and we finna get ready. So I'll see y'all once I'm dressed Y'all so I just got finished with my makeup. This is my cousin. Hey, y'all I've seen her before we about to take a shot Let's go I'm forcing her to drink right right. I'm about to get dressed. So y'all I just got dressed for the night We got on this area blazer This is the Kardashian collection. This is Kylie's little stormy And then I have my majummi shoes and y'all these pants are from express Y'all don't sleep on express literally I wanted something because this does like come as like It doesn't come as a set, but it's like made as a set and Y'all I'm telling you I was not wearing that skirt. So I wanted something the same material as this So good, but anyways, we're gonna go to our reservation And then hopefully I get some pictures. So Good morning. Y'all It is The next day my throat. I have one that day I went out for like my pre-birthday The next day um, it wasn't even the next day I think it was that nighttime It was literally right after I ate some wings stop wings I was asleep And it felt like my throat Was like I couldn't breathe or clogged up or something. I don't know if it was the ranch But I don't know because y'all know like Creamy self makes mucus So I don't know I just felt real buccy And It's getting better, but um My throat isn't that sore, but it's just like a type of thing So I ordered some gel to juice Got some ginger shots to make shot and then I got a green juice With ginger and turmeric in it So I'm gonna just sleep on this. It's only like eight o'clock in the morning Um, so Chicago is really like Weird when it comes to Going out Uh, but they don't have hookah they don't have Stuff closes at 12 to in Nessie They don't have no like after hours Or nothing like that. Um, I remember when I used to live, you know in wisconsin I would used to drive To chicago all the time to go out like adriana's And all the poppin spots now I don't know But adriana's himself wasn't like the hood So maybe that's where it's cracking at but But yeah, so But today is gonna be a brunch day So we're going to this hotel called the wit and like it's supposed to be like real like, you know Poppin so we're gonna go there get cute of I probably started getting ready for that around 11 o'clock 12 maybe I really don't Want to go there early But I guess you have to So it's crazy to think like people get up so early to go to brunch I need to start getting up early to go to church. Honestly But Yeah But yeah, so I'm just chilling until I get ready Um, I'm proud of myself. You know, I was so tired yesterday. I took my makeup off wrapped my hair I just did my hair because I had to cook it for the joji juice but Yeah, y'all my birthday Was real chill, but I'm I'm taking my trips. So um Like two back to back. So Be on the lookout for those but yeah, I just wanted to chill hang out with my sis Uh, nothing major And just you know spending quality time So I'll probably check you all later Okay, y'all. So we just got dressed for brunch my outfit It's actually all from Zara and then I'm just carrying my Orange She didn't want to she was drinking meat. It is you put me out. I thought it was emotional. Thanks Can I give you a shout for you? Huh? Can I give you a shout for you?  I said this mean I can't afford it Yeah, they you can't buy it online or anything. So y'all we about to head to brunch. I'm gonna carry y'all On my phone, but I just have on this Zara top these Zara pants that I got tailored. They're still a little big But whatever and then my time for it heals You want to do outfit? Y'all this one comes from Asia I was like you don't have a headache no more, right? Yeah, she asked me I told her my hair she'd been checking on me all day because like I already know how It feels to force yourself to go out. I've never had the way I'm back to the right. Yes. I got it because you don't be caring about the room She's just be out here with the vibes Anyways, we lost the head out. We're gonna roof top the way top it's cold outside But it's okay because I'm kind of hot right now. So the Uber's here. So Check them out. I'm just feeling extra brunch today All right, we never gonna be able to get in with you. With me? No, in general You're not here Y'all, it's literally so packed inside. It's 250.  We're about to go to the next She's not taking a shot. I'm taking a shot. Yes, I am Yes, I am Okay, you can give it to me. Come on. Let's take a shot Here you go. Let me see I was sleeping over. No, I wasn't Mia said, yes you were I'm gonna have a cup You drank too much. I didn't drink wine. Straight off the bottle Okay, tween. Okay. Yeah, I really need cranberry juice The cranberry juice she out there taking Tell her to come in here Bitch, I'm fun. I'm fun. They're here All right, y'all we're going to the underground. I'm vlogging off my phone Bye So after we left the hotel and took some more shots We went to Morton's.  Y'all I didn't even vlog because I didn't I wasn't even in the right set of mine to bring my camera for one And my purse was already small. I was just living in the moment, you know Chopping it up with everybody at the table and just being attentive to everybody that was there to celebrate my birthday So, yeah, it was such a good time. Y'all and let me tell y'all the day drinking caught up to me girl So in these next couple clips, please Don't mind me girl. I was done for I was done.   Come on.  I just took my shot She's up at green tea. How's she 7 a.m. Come on She's she's she's not a trooper you leaving Manny gave up on us. Oh, it's over with y'all. Good night. Kyra. See you guys tomorrow


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So today we're going to talk a little bit about volume and the relationship of rate of change of volume, which is called flow. Volume is a measurement, is our measurement of space in three dimensions. And for solids, solid materials, the boundaries, for example I have a baseball here, the boundaries of a solid are well defined, that's part of what defines a solid is something that has a definite shape. And the motion of something that's solid, if we take something like this ball and we move it, the motion of that is usually considered called rigid body motion because it's assumed that the body maintains that shape. And often when we analyze something like that, we travel with the body. We move with the body, we consider thinking about things with the body. This is called, has a special term called Lagrangian motion or Lagrangian perspective where we think about that motion as moving with whatever we're analyzing. So now when we talk about fluids, fluids are a little bit different, fluids being both liquids and gases. In their case, they don't have a definite shape and what ends up defining our shape for a fluid is usually some sort of solid container. For example, if here I have a lake, I have sort of the bottom of the lake that's sort of containing the lake. Or we can put a conceptual boundary or define some sort of shape. For example, if I'm looking at the bottom of the lake, I might create a column of water. And I might sort of create an area that I'm conceptually thinking about that is the column of water. And then the third thing we can sort of think about is we can have just a general conception where maybe we have a box here and in that box or pool that's going to represent all of the lake water in North Carolina. And notice that doesn't necessarily have a shape but it sort of has a conceptual set of boundaries around it that captures everything that we're talking about. So if I let the shape sort of change but I move with the shape, then that's still sort of a Lagrangian perspective. For example, if there's a stream, if there's water flowing in a stream and I make some dye and sort of put a plug of dye in that water and then I watch and I travel with that dye as it moves to the stream and maybe the dye stretches out and gets thinner as it moves downstream. And if I kind of travel with that dye, that is still a Lagrangian perspective. However, there's another perspective that we often use with fluids. In this case, the other perspective is something called the Eulerian perspective. And the Eulerian perspective, what we're trying to consider is the idea of we use our boundaries but we let the fluid flow in and out of the boundaries. For example, with our lake here, if we have a stream that's running out and perhaps rain or runoff from the side of a mountain that's flowing into the stream, we might not keep track, we may not follow what happens to the water when it leaves and we may not know where it's coming from. If we just consider the water within the boundaries, that is our Eulerian perspective where we kind of encase ourselves. Similarly with this column of water, there may be water leaving, flowing through and at the same time, water flowing in. Or if we look at our conceptual idea here, the lake water in North Carolina, we can think about the things that might add to that lake water or subtract from that lake water. For example, precipitation might add to the overall lake water whereas we might have some sort of streams flowing off, removing the overall lake water, and we might have evaporation, removing the overall lake water. For each of these things, for each of these elements, inside we have some sort of volume, a volume V. There's a volume inside the lake, there's a volume here inside my column of water and there might be some sort of volume of water encased representing all the lake water in North Carolina.


In this final segment of the lecture, I will briefly juxtapose the U.S. fair use doctrine with a few strategies adopted outside the United States. Which of the available strategies makes the most sense is currently hotly debated. Many countries, for example, the United Kingdom, Japan and Australia, are currently reviewing their laws in this area, so the legal landscape may shift soon. In the meantime, you can and should form your own opinions concerning which of the approaches I'll describe is optimal. A few countries other than the United States have adopted general exceptions to the rights of copyright owners that resemble the fair use doctrine in the United States. The copyright law of Israel, for example, now contains a provision that closely echoes section 107 of the U.S. statute. As you can see, it adopts the same ad hoc open-ended approach as is used in the U.S., and indeed employs more or less the same four factors. The Israeli provision does, however, deviate from the U.S. approach in two respects. First, as you can see, it omits any reference to the commercial character of the defendant's use, tacitly following the lead of the U.S. courts that in recent years have, as we've seen, increasingly demoted the commercial use sub-factor. Second, the final section of the Israeli provision empowers the Minister of Justice to, quote, make regulations prescribing conditions under which a use shall be deemed a fair use, close quote. Thus far, apparently, the Israeli government has not exercised this power, but it offers an intriguing possible way in which the unpredictability of fair use might be mitigated. The copyright law of Singapore contains a similar provision. Factors A, B, C, and D, once again echo, as you can see, the components of fair use in the United States, the factor E is new. The instruction to consider, quote, the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial price, close quote, presumably will have the effect of limiting the availability of fair use somewhat because it would weaken the position of defendants who could have obtained a license from the plaintiff but refused to do so. This provision might also put pressure on copyright owners to collaborate in the organization of a system like the Copyright Clearance Center in the United States designed to facilitate licensing. The net effect would be roughly analogous to a compulsory licensing system of the resource we have previously considered in this series of lectures. A recent study by Royo Gaffelli and Benjamin Gilbert of the impact of the adoption of this approach on the economy of Singapore is broadly encouraging. As we can see, these three variants of fair use in the United States, Israel, and Singapore are not identical, but they share a basic approach.ative judges consider all power to decide, after considering various factors, whether a given, puritatively infringing activity should be privileged. Radically different is the so-called enumerated exceptions approach. The central principle of this strategy is that, instead of conferring on court's responsibility to assess on an ad hoc basis defendants' assertions that they should be excused for making unauthorized uses of copyrighted works, the legislature should anticipate and provide an advance for all circumstances in which unauthorized uses should be permitted. This approach has been adopted in a much larger set of countries than fair use. It reigns in the European Union, for example. As you can see, Article 5 of the EU's information society directive employs this approach. It identifies one exception that member countries must adopt, and a long list of exceptions specifically to the right of reproduction and the right to communicate or make works available to the public that member countries may adopt. The list is exhaustive, meaning member countries are not obliged to recognize all of them, but they may adopt a subset, but they may not recognize more, and they may not adopt open-ended discretionary standards like the US or Israeli approaches. Many of the activities that, as we have seen, escape liability in the United States on fair use grounds are dealt with in specific provisions in the EU's list. For example, parity here in Item 3K, but other things such as copying student essays verbatim for the purpose of running a plagiarism detection service that have been able to pass muster under fair use in the United States are likely too new or idiosyncratic to have been anticipated in 2001 and thus would be hard to justify under the EU's approach. China, as you can see, adopts the same general strategy. Article 22 of China's copyright law contains a long list of enumerated exceptions, although shorter than the EU list. Some items are not surprising. For example, the ninth exception for gratuitous live performances of a published work for which no fees are charged to the public, nor payments are made to performers, echoes a provision of the US statute. But others are more striking. For example, the tenth exception, which privileges copying, drawing, photographing, or video recording of a work of art, put up or displayed in an outdoor public space. That provision is, at least on its face, much broader than any analogous exception in either the United States or the EU. Also, remarkably expansive, is the privilege to translate, quote, a published work of a Chinese citizen or legal entity from Han language into minority national languages for publication and distribution in the country. In sum, there are two polar positions, the open-ended fair use approach pursued in the United States and the enumerated exceptions approach pursued in the EU, China, and several other nations. In between, these two sets of countries is another set that have adopted what might be described as hybrid models. Typically, such hybrid systems require a defendant first to show that his behavior falls into one of a list of enumerated potential exceptions. These tend to be more general than the type of specific exceptions found in the enumerated approach. But a defendant who is able to fit his activity into one of these boxes is still not home free. He must demonstrate that his conduct is also justified on the basis of a list of factors that are analogous to those employed in the United States. An extra element, sometimes found in such hybrid systems, is a requirement that the defendant acknowledge that he is taking material from the plaintiff, in other words, that he give credit where credit is due. The result is to import into the fair dealing analysis a bit of the right of attribution that, as we've seen, more commonly is treated as a form of moral right. The United States, as yet, has no such requirement and many defendants who have given the plaintiff's no credit whatsoever have successfully invoked the fair used events in the United States. One of the many possible implications of the cultural theory will take up next week as a reconsideration of the US position on this point, in other words, the possibility of, according greater recognition, to the principle of attribution here in the fair use setting or in other settings. So where is this hybrid approach found? The United Kingdom, as you can see, currently employs such a system, although it may make some dramatic changes to its law soon. Canada does as well, although it too is considering further liberalization of its approach. Australia, New Zealand, and Taiwan have analogous setups. So return to the general question, which of these strategies is best? This issue is often addressed as if it were purely a question of optimal legal form. So conceived, the question of the optimal fair use approach is a variant of an age-old debate in legal theory. Fair use, the US system, is an example of a type of legal norm commonly known as a standard, while the enumerated exceptions approach is an example of a type of legal norm known, somewhat confusingly, as a rule. A standard within this literature is a norm that makes direct reference to policy objectives, for example, the best interests of the child in family law, or the avoidance of unjust enrichment in contract law. And then leaves judges or other officials lots of discretion in deciding how best to accomplish those ends when resolving particular disputes. A rule, by contrast, constrains discretion. It requires judges or other officials to respond in a determinate way to specific sets of readily ascertainable variables. So for example, a norm that declared that only wise persons are eligible to be president of the United States would be a standard, because it would require judges or other decision makers to make judgments concerning whether candidates are all things considered wise. By contrast, a norm that declared, as it does in the United States, that only persons over the age of 35 may be president is a rule, because it leaves decision makers very little discretion. Standards and rules, it is widely believed, have characteristic advantages and disadvantages. For example, standards are more flexible, but also more unpredictable. Rules are more predictable and less conducive to corruption or bias, but they are also inevitably both under-inclusive and over-inclusive. In other words, they will fail to advance policy goals as well-administered standards. So which of the two types of norm is better? The standard answer is that it varies by context. Much of the current debate about what to do about fair use uses this same framework. Should we have more rule-ness, i.e., move closer to the EU enumerated approach? Or should we have more standard-ness, i.e., move closer to the U.S. fair use approach? Those who argue about the issue in these terms draw on many of the considerations that figure in the more general rule standards debate, but framing the issue in these terms misses two dimensions of the problem. First, the enumerated exceptions approach, exemplified by the EU, is less rule-like than it might appear. As Bert Hugenholz and Martin Seflinben have shown in a recent paper, the information society directive that we examined a few minutes ago permits more discretion than it might seem. Not only do countries enjoy latitude when incorporating elements of this list into their own laws, but they can and sometimes do formulate their national laws in ways that confer on judges some degree of discretion. For example, the Swedish Copyright Act, as Hugenholz points out, interprets provision 5-3-D to permit the quotation of published works, quote, in accordance with proper usage and to the extent necessary for the purpose, close quote. That construction intentionally gives judges a fair amount of latitude when deciding whether a particular defendant has gone too far. Similarly, the Canadian courts have stretched the categories of their fair dealing system considerably with the result that it operates in practice more like U.S. fair use than it appears. In short, characterizing the choice among these systems as a choice between rules and standards is to some degree inaccurate. Second, and more fundamentally, on reflection, the U.S. system is not so clearly a standard. A standard, you'll recall, identifies a policy goal and then gives judges discretion in advancing it. That's not really what the fair use doctrine in the United States does. Rather, it identifies some factors that judges should consider but doesn't tell the judges why those factors matter. Law does not, in other words, identify the substantive goal of the system as a whole. The result is that judges in the United States are forced to decide for themselves what copyright law should be trying to achieve. My social welfare? Reward authors fairly? Protect personhood interests? As we've seen, all of those are possible aspirations for copyright law. Which one is your primary concern will make a big difference in how the statutory fair use factors are construed and applied? Judges in the United States disagree concerning the fundamental purposes of copyright. It should thus not be surprising that, as a result, they disagree concerning how fair use should be construed and applied. Seen this way, the current fair use doctrine in the United States is worse than a standard because it does not clearly articulate a normative criterion. A goal or a set of goals the judges, when deciding individual cases, should strive to promote. We ought to be able to do better than that. One possible route to a better regime will be considered in the next lecture.