Hello everyone, I am here with Paula Jean Swearingen who just won her primary in West Virginia And she is facing off against Shelly more capital or a Republican and I think she's gonna pull this one off Paula welcome back to the program. Hey Mike. Thank you for having me back. It's always good to be with you It's always glad to I'm always glad to have you on and talk about your campaign So we have some excited news You were just endorsed also by Bernie Sanders So give us the update. There's lots of big things happening currently. What's going on? Tell us about the race We've had incredible national endorsements We've iron stashes is helping us Senator Bernie Sanders and Senator Nina Turner Andrew Yang has endorsed us So we've had endorsements across the aisle and people really stepping up for West Virginia and right now It's really incredible. We have a comprehensive campaigning we have about 12 on staff and If people say that people funded campaigns do not work We have raised over a million dollars. The average donation is twenty six dollars and thirty cents And we almost out raised my opponent last quarter even though she is funded by those dark funders So, you know, if anybody says that money is not an issue We've had so many people across the country People that have had to leave the state that want to come back home that have donated dollars and volunteered and You know, it's just it's up to West Virginia now To help win this race because everybody has pulled out all the stops for West Virginia and I'm just so incredibly humbled and proud and our team has a comprehensive digital strategy and We sent over 8,000 80,000 texts last week We have a lot of secret weapons behind the scenes that I don't want to talk about But everybody has been absolutely incredible and the thing is about this campaign. It's led mostly by West Virginians You know, I'm from Wyoming County. My campaign manager is a black cat coal miner and a trucker And he is from Logan County and he's Leading the ship and I can't tell you how proud that makes me To show that folks in the coal fields have T shoes and brains and you can actually accomplish something and I'm incredibly proud of my team Yeah, this is astonishing. I think you're running a phenomenal campaign You're putting out ads all of the time like this is a very very active campaign You could just see it like you're you're hungry. You all want to win And I think that you guys are doing a phenomenal job I do want to ask you though about the dynamics of this race because knowing that there's an Open supreme court seat since Ruth Bader Ginsburg passed away. Has that changed anything? I know that Democrats collectively got over a hundred million dollars after RBG passed away last week and I'm wondering if there's been any extra attention paid to this race now because Now Shelly more capital is likely, you know, she's gonna vote to approve Donald Trump's Nominees so have you been able to use this is this an effective strategy that will play well in West Virginia? Like what's your take on this situation?  Whatever Mitch McConnell Donald Trump wants to do so West Virginia is a pretty ticked off Because we know with her voting record in the past and voting for nominees That she's voted against the working class and I see you know, we see a lot of Republicans that are noticing not only she a hypocrite, but she's alive and and She's pretty much cut off her leg She's actually helped us and you know, we've had more support because of her poor decisions and her flip-flopping like she does Even with COVID relief She had the heroes act sitting on her desk for three months She was drafting legislation and helped in craft the heels act Which would take this it would which took away the $600 benefit to people that are unemployment on on unemployment And it was basically a slap in the face because she said That it just was not an incentive for people to go back to work So she essentially to me said that she was calling hard-working Americans lazy when they needed help the most Also, she wanted to push people back into unsafe working conditions and not hold any liability to employers If someone got sick when she came home They went into recess till after Labor Day having that legislation on her desk not pushing for anything She came home with our governor Jim Justice had a $25,000 plated fundraiser $11,500 for a photo op while she was talking about pushing their children our teachers our public service personnel Back in the schools while she was having digital press briefings with our governor Pretty much saying that she was out of touch and only thing she was worried about was serving her corporate, you know Her corporate donors. She's never had to have a real job except for her political career She's never had to wonder where her next meal is going to come from So many things she's proven over and over and over That she's out of touch with West Virginians even tying into Economic diversity, which you've talked to but you know, you've heard me talk about it over and over and How broadband comprehensive broadband in this state plays a role in that? We we know digitally it ties into our educational system Pre-COVID and especially since COVID with her push to put children back into school as well as their communications She's trying to sell broadband to the highest bidder. She's trying to privatize it We have seen over and over with broadband in this state We've had companies that got state and federal funding and sent and spin it out of state and instead of making it into a public utility She's just put a for sale sign on our heads again and especially our children right now that are so dependent on digital learning and We have hotspots across the state where children can go and set in the parking lot and download their work and So it's it's like not taking care of the most vulnerable in our society because we're dealing with the addiction epidemic So many people don't have role transportation. So what are they going to do? They're going to push the most vulnerable children back into the classrooms in buildings that have poor ventilation systems Our educators are doing everything that they can but I know that I've talked to some educators that are talking about Writing their wheels and talking about what they're going to do if they get sick right now and we have seen an uptick of COVID right now in West Virginia and so many people are afraid and we are in the fight for our lives and we know it and When I talked to my neighbor and asking for a wrench He doesn't ask me if I'm a Democrat or Republican He comes over and helps me and he brings that rich and you hear me say all the time We are some of the most united people In the country, I've never seen people united like we are in West Virginia and we've made history Mike I don't know if people know because the national media is not talking about it We had over 93 candidates and candidates in this state with the West Virginia can't wait movement run for office this time 43 of those candidates won their races Every single Democratic nominee for Congress the first congressional district the second the third and United States Senate are women We're all progressive None of us take corporate pack dollars and we're ready to bust the halls of Congress and make sure that West Virginians have a seat at The table it's a pivotal time in West Virginia and I'm just so humbled and proud to be part of this movement That's really encouraging. It seems like in West Virginia. What we're seeing is kind of a political realignment in a sense To where you know this common struggle across the state is really uniting people and these partisan differences that kind of Characterized a lot of the chaos in other states It's not necessarily prevalent in your state And one thing that I wanted to ask you about because you talked about how COVID-19 is affecting your state is the eviction crisis Because Trump's moratorium on evictions expires after December 31st So on January 1st, there's going to be millions of Americans across the country who are going to be expected to pay Months in back rents and if that's not extended if Trump for example loses the selection any kind of chooses not to act as a lame duck president It's just gonna be a disaster So has Shelley Moore capital done anything to attempt to ameliorate this crisis in her home state? Is she offering resources or even information to voters because I feel like this is such a huge disaster That it should be on the minds of every single member of Congress and I just don't see that action I don't see the urgency So can you kind of speak to this because this is something that she has to at least be aware of?  I voted for the first relief package But also she's been pushing for corporate bailouts and big bailouts for real estate companies in the middle of a relief package And she's not really pushing to help West Virginians And this we're one of the sickest and poorest states in the nation and it's been proven statistically That we are the most impacted by COVID because of addiction because of black lung cancer heart disease Cardiovascular Diabetes We're just these people here are sick and poor and we have a large bulk of our population that is elderly She's even tried to turn Medicare into a voucher program when people ask her about Medicare for all She thinks it's going to be Medicare for none when she tried to privatize Medicare and take You know the Medicare that our elderly already have away from them and privatize it and you know, like I said Put a for sale sign on it. She was the first woman to be elected to the United States Senate to represent the state of West Virginia She's a mother and grandmother. She voted against equal pay for women at least three times And West Virginia see the differences in this campaign and the difference with her Because this country girl does not want to go to DC. It's about survival It's making sure that West Virginians have a seat at the table And she has done nothing as a mother and grandmother and turned a blind eye On the children dying and starving in this state I really want to ask her the question. How does she sleep at night? But she won't even debate me Um, she's shying away from a debate because she knows she's going to be called out For her years and years of being a corporate servant getting rich off our backs in 2008 You can make your own decision about this and your own assessment But when the start the stock market Collapsed her husband was selling stock the day before So We know who she is. We know what's going on with her She's there because of her dad's corrupt dynasty And she continues with corruption across the state and we have not give her enough heat And it's time for a mother and a grandmother to actually make sure That our children have a chance to grow and thrive and have a future in their state for a change Yeah, and I think that the reason why she doesn't want to debate you is because if you if you really juxtapose both of your campaigns and your messages It's night and day. Uh, I think she would Just be uh landslided because like when you speak you speak really thoroughly to all of the specific things that impact the people of West Virginia You talk about how you know, um The issues that are already disproportionately affecting coal miners for example that intersects with covid 19 and creates a bigger disaster So if you were to ask her Healthcare, what do we do? What's your plan? She wouldn't be able to answer that and I wanted to ask you about that as well because you know, she doesn't have a plan for the eviction crisis Um, does she have any sort of idea what she wants to do for healthcare reform because I mean trump Over and over has been saying it's coming. It's coming Meanwhile, we see nothing. So are other republicans such as uh, Capital are they doing anything to ameliorate the healthcare crisis because assuming trump gets his new supreme court nominee approved Then the aca is most likely going to be repealed Which means that protections for patients with pre-existing conditions that goes away people in west virginia Will be affected by that probably more so than others in the country because they are you know, um They experience black lung and whatnot from being coal miners What has she said with regard to healthcare? I mean, has she just been silent? She just keeps on talking about Protecting health insurance companies and framing it as she's going to protect health insurance And even with this administration and with trump's tax plan that went through You know what the bulk of our public population is on medicare and medicaid already And even though we still have the expansion for adult medicaid in the state The income criteria changed under this tax plan and our hospitals were already under red alert Because people were having to go into the er for basics like sinus infections because they were not covered under medicaid anymore uh, so, you know, it's She's talking about putting more food into food banks But she's not talking about how we can get people less dependent on food banks and making sure that they have a living wage And we have a diverse economy in this state Actually, we had an endorsement from the newspaper called the dominion post Which is in mon county and they are very known to be conservative And they really come out against her after we interviewed with them Because it really brought up all the issues and how out of touch she really is And so many republicans have come into the fold with this campaign We are in the fight for our lives And you know, we want basic human rights and we want economic diversity We want long-term solutions to the addiction epidemic Everybody deserves health care and those are basics the three top basics that all west virginians want And we don't have to agree or you know on everything But we've come up to a place in this country Whether we have representatives It's not a football game first and foremost, but if we do have a two-party system We need people that are sitting down and thinking about the people that they are supposed to serve Instead of corporations and lobbyists and making sure that they have our best interest at heart And that's why we've seen a movement on a local level to a federal level with west virginia can't wait and brand new congress because Ordinary people are standing up and saying hey We just want to be representative for represented for a change You know of the people by the people for the people That's what our government should be We can we don't have to agree on everything But we have to make sure that people are intended to represent us Period and that's what's going on with my opponent I mean, I've I've been angry at her for a long long time Because she is a mother and grandmother And she's had mothers knocking on her door trying to get arrested in her office We've had people throw paper airplanes over the top of the door to get her attention because she won't even Her staff won't even answer the door and that's why even here and now My telephone number is three zero four eight nine four seven four seven two Nobody's going to have to get arrested in my office to get attention As a matter of fact when I go to dc I'm going to make sure all these people that have been working in the front lines of our communities trying to solve our problems Have a seat at the table and writing legislation that impacts our daily lives And making sure that we do have true change and they do have a true voice in washington Yeah, and I think that you you really put it perfectly you said we don't have to agree on everything And you know, I think you've been really effective at putting out this message that it's really obvious That she just doesn't care like it's not even like she has solutions that you disagree with She just doesn't have solutions. She's not proposing anything You see this ambivalence from her which is just astonishing to me when we are facing an unprecedented level Of crisis in this country with you know, a global pandemic and the economic Depression resulting from that pandemic. So even if like I didn't agree with anything she proposed At least by proposing something there's at least some initiative Like you're showing to us that you care, but we get nothing from her which is astonishing to me Especially because this is an election year. She's seeking re-election. So it's it's shocking now Basically showing her for photo ops. I think she got some legislation Uh Passed for commemorative coins, but what does that do for the people in west Virginia? You know, she has that you know, we hear Capitol connect for five and a half years. She's been talking about broadband in their state Where is it? You know, she's been in office in congress for a long time And look, you know, anybody with common sense can look around and look at our neighbors and look in our communities and say if she really Means what she says during election season, then how come we don't see it every day and it's not happening That's happened with so many of our incumbents in their state And that's why so many people here are stepping up and running for office and raising hell because these people are not doing their jobs And my slogan investing in ourselves. That's what west virginians are doing If they're not going to do their jobs, we're coming to take them. We ain't taking it no more Yeah, that's beautifully put. So I think that anyone who has been watching the humanist report for a while is already familiar with your campaign They know about you. They support you. We're all rooting for you. So please help us help you Let us know what you need from us. How can we help you if we live in west virginia or not? What can we do to make sure that you beat her in november? We have to keep making those impressions. We need volunteers first and foremost We sent over 80 000 texts last week We need more people on the horn making those phone calls, you know every dollar counts if people can still donate We need to fundraise so we can get broadcast television We know that she's going to take off her money and invest in that to reach voters And you know, it's not a problem of reaching voters. It's it's you know reaching voters to To we have to get them motivated to the polls as well as learning this campaign And knowing that i'm not a polished politician I'm not here making campaign promises.  This is go time. We're in the fight for our lives I will be a federal representative. So I'll represent everybody across this country And so this is not just about west virginia. This is making sure No matter who our president is we have a good strong congress, especially the senate Especially with everything that's going on with the supreme court right now We don't need a rubber stamp for blue or red. We need somebody that is going to put somebody in that seat That is actually going to do their job and make decisions for the american people So there'll be links in the description box to paul's website for those watching. Please. I would encourage you to support her This is a fight for our lives. I think that there's no other way to describe it and by by, you know, explaining it the way that you did You really are phenomenal at articulating what's at stake like This is this is everything so much Is at stake. So, uh, we are going to be rooting for you. Thank you so much for coming on the program I look forward to speaking to you after you win I think that's gonna be um really exciting and it gives us a little bit of hope like you running you winning your primary It gives us hope. So thank you for that and thank you for fighting for everyone Not just in west virginia, but around the country. We are absolutely looking to you, you know as a source for inspiration So, uh, we love you paula. Thank you so much for coming on We love you too mark. Thank you for raising the voice of the voiceless and making sure That these campaigns get the coverage that they need because we you know, the status quo they're going to do everything they can to fight against us and it's people like you that uh, we get the word out and Uh, you know and people know about campaigns like ours and you work so hard and I've watched you grow since 2018 And I can't thank you enough You inspire me. Oh, thank you. Thank you. That means so much coming from you.  You know given What's at stake? Um, and it's frustrating to me So, you know, I feel like I have to try to fill that role as much as I possibly can and you know It's just it's nice to be able to um Even just do a little bit and talk to you and hopefully get people to recognize the importance of this race because It's it's everything. It is everything. It's so important Well, you know, I'm only one vote so everybody needs if they're looking at the dynamic in congress go to brand new congress Scott or Look at all the candidates that went through the primary Because I can go to dc and I can raise all the hell that I want We need votes to pass legislation And so look at all these candidates and make sure that we are putting our support behind them So we can work with each other and actually bring change for a change. Yeah, absolutely It's it's not just like getting one or two more people elected like this is changing the makeup of congress Like this is we're we're thinking long term. We're playing the long game now and your victory is absolutely crucial Um, and I think that my viewers at least, you know, uh, they acknowledge that it's just a matter of getting Everyone else to understand Why these races are so important and why we have to elect people who are actually fighting for working americans That's why we're rooting for you. So thanks so much for coming on I won't keep you any longer because I know you've got a jet to your next interview But thank you so much paul. It's always a pleasure talking to you Thank you mark. Have a good night. You too


A very important category of copyrighted works consists of works of visual art, whereas the statute puts it, pictorial, graphical, and sculptural works. Most of the things that fall into this zone are obvious, paintings, posters, statues, and so forth. However, two dimensions of the protection extended to pictorial, graphic, and sculptural works are not obvious and are important. The first is that nowadays copyright law is often used by companies to shield the logos that they apply to consumer products. Here's an example. The Omega Watch company has obtained a U.S. copyright on the design shown on your screen, which it calls the Omega Globe Design. From lecture number one, you should remember how and why a Swiss company can get a U.S. copyright. Omega engraves a version of this logo on the underside of its watches, which are typically manufactured in Switzerland but sold all over the world. Typically, Omega sells its watches for lower prices in poor countries than it does in more wealthy countries. Some years ago, Costco, an American discounter, using an intermediary, purchased some of the watches that Omega had sold cheaply outside the United States, imported them into the United States, and began selling them in Costco's U.S. stores for prices lower than the prices charged by Omega's authorized U.S. dealers. Omega, dismayed, brought suit contending that this so-called parallel importation violated Omega's copyright in the logo, not its trademark or patent rights, but its copyright. The legal rule underlying this lawsuit and its outcome will consider distribution and importation in lecture number eight. For now, I just want to emphasize the expansive reach of the subject matter of copyright and how companies like Omega try to use that expansive coverage to engage in international geographic price discrimination when making their products available in different countries. The second non-obvious dimension of this category involves what is sometimes called applied art or industrial design. These typically consist of three-dimensional objects that are intended to be both useful and attractive. Objects of this sort permeate modern consumer culture. Just look around the room or space where you are located right now. Most likely, you'll notice many objects that fit this general definition. Possibilities include an unusual lamp, a container of bottled water, a distinctive coffee mug, the shape of a laptop computer or a tablet, your eyeglasses if you wear them, a decorative doorknob or window fixture, a decorative table or chair, and so forth. Each of these things combines in some way, art and function. In the United States, three different systems of law are potentially available to the creators of new objects of this sort, copyright law, design patent law, and the protection of the trademark law extends to so-called trade dress. Some innovations qualify under more than one of these systems, but others fail to qualify under any. It all depends on the shape and history of the particular object and sometimes on the whims of the tribunal evaluating it. If you're curious about the potential reach of design patent law or trademark law, feel free to follow those branches of the map on your own using the interactive version that you can get through my website. I'll concentrate here, for obvious reasons, on the possibility of copyright protection for such objects. In the late 19th century, it was clear that copyright law did not extend to works of applied art or industrial design. After 1870, three-dimensional forms of fine art were shielded, but not the kind of consumer products to which I directed your attention a minute ago. Then gradually, through a series of steps itemized on your map, Congress, the Copyright Office, and finally the courts, liberalized the relevant rules. Today, the governing general principle is that copyright protection is available to so-called useful articles if and only if the aesthetic and functional features of those articles are separable. The first step in applying this principle is to determine whether a particular object qualifies as a, quote, useful article. The reason why this is so important is that if an object does not constitute a useful article, the ordinary, lenient rules of copyright law apply, whereas if it does constitute a useful article, it has to pass more stringent tests. So what does the technical term useful article mean? The statute defines it as follows. A useful article is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. Some applications of this definition will be straightforward. For example, Rodin's sculpture does not constitute a useful article because its function is to depict itself, to depict, in other words, a thinker. By contrast, a lamp, no matter how beautiful, is a useful article because that is a function other than looking good, namely illuminating a room. In other instances, however, application of this definition is much trickier. If a particular object is deemed to fall into this special category, then its creator gets copyright protection to repeat only if its aesthetic and functional dimensions are separable. How might they be separable? There are two options. The first, which arises rarely, is that the two dimensions might be physically separable. For example, as the treatise writer Melvin Nimmer suggests, the stylized Jaguar shape that is attached to the hood of a Jaguar automobile enjoys copyright protection because it could be physically removed from the car without impairing its utilitarian function. Likewise, the utilitarian components of the car could be removed from the Jaguar without impairing its aesthetic features. With respect to most useful articles, however, physical separability of this sort is not feasible. The creators of such objects may still obtain copyright protection, but only if they can demonstrate that the aesthetic and utilitarian features are, quote, conceptually separable. What does that mean? The conceptual separability inquiry is the most intriguing and least satisfying aspect of this doctrine. U.S. courts, as you can see from the map, have developed five distinct families of interpretations of this term. The first of the five approaches asks whether the form of the object at issue is dictated by its function. If so, conceptual separability does not exist. This variant was emphasized by the majority of the judges in the influential 1985 Barnhart case, which involved these two sets of mannequins, which were copied by a competitor without permission. The majority of the judges in that case contended that the shape of the mannequins was, quote, required by their function, namely displaying clothes in stores, and consequently that their utilitarian and aesthetic features were inextricably combined. The second of the five approaches asks which aspect of the object in question is primary. So, for example, the chord in the caseltine chord case, another influential second-circuit opinion, concluded that the, quote, ornamental aspect of these belt buckles was primary, and their utilitarian function, namely holding pants up, was subsidiary, and thus that they enjoyed copyright protection. The third approach was made famous by Judge Newman's dissenting opinion in the Barnhart case, which I mentioned earlier. It's commonly known as the, quote, temporal displacement, close, quote, test. The key question under this approach is whether the article stimulates in the mind of the beholder a concept that is separate from the concept evoked by its utilitarian function. If so, there's conceptual separability. If not, not. The phrase temporal displacement comes from Newman's contention that the two concepts, utilitarian and non-utilitarian, must occur to the beholder not simultaneously, but separated in time. Newman's test is intriguing and continues to attract the interest of scholars, but so far, few judicial adherents. The fourth approach asks whether the article at issue can stand on its own as a work of art. If so, it enjoys protection. There are at least two different ways of elaborating this approach. Paul Goldstein suggests that we ask whether the article could constitute a work of art, quote, traditionally conceived, which is related, he argues, to whether the article would be equally useful without its aesthetic feature. Goldstein's reference to art traditionally conceived naturally draws us back into the debate we discussed in the first lecture concerning the best way of defining art. For the reasons we reviewed there, resolving that question would be difficult, although perhaps unavoidable. By contrast, Goldstein's fellow treatise writer Nimmer points to a more empirical interpretation asking whether a significant number of copies of the article would be purchased if it had no utilitarian use. This approach was adopted by the Court of Appeals for the Fifth Circuit and the Galliano case, which involved uniforms for employees of the Harris Gambling Casino. The fifth and last of the approaches focuses on the intent of the creator of the article, the individual designer, who determined its final shape. This approach was adopted by the Court of Appeals for the Second Circuit and the Brandier case, which involved the following interesting facts.  He twisted one wire into the shape of a bicycle and another into the shape of a ribbon, and then placed both along with some other designs on his mantelpiece. A friend of his pointed out that the ribbon shape could serve as a useful rack for the miniature bicycle. Inspired, Levine worked with a friend to refine the design and eventually began manufacturing and selling commercial versions under the company name Brandier International. His product is depicted on this slide. Here's a blow-up of the photo of the rack and another image showing how bicycles can be locked to it. The rack proved popular, and a competitor, Cascade Pacific Lumber, began producing knockoffs. Brandier brought a copyright infringement suit against Cascade. The outcome of the case hinged on whether the ribbon rack satisfies the conceptual separability test. Relying on a 1983 article by the scholar Robert Denikola, the Court of Appeals for the Second Circuit announced the following test. If design elements reflect a merger of aesthetic and functional considerations, the artistic aspects of work cannot be said to be conceptual separable from the utilitarian elements. Conversely, where design elements can be identified as reflecting the designer's artistic judgment exercised independently of functional influences, conceptual separability exists. Applying this approach, the Court ruled against Brandier, emphasizing several ways in which Levine had modified the shape of the original abstract sculpture in order to make it durable and to accommodate as many bicycles and mopeds as possible. Because the shape of the product did not reflect, quote, artistic expression uninhibited by functional considerations, close quote, it could be copied with impunity. As one might expect, then at result of the decision is that other companies now manufacture and sell competing versions of the ribbon rack. The approach exemplified by Brandier now appears to be gaining in popularity among courts. Whether that trend will continue remains to be seen. If it does, one can expect designers of industrial products in the future to include in their designs features unconstrained by functional considerations and with the support of their employers to document their indulgence of their artistic impulses. There remains one more type of three-dimensional object that now enjoys copyright protection, architecture. Inclusion of architecture in the list was a long time coming and its implications are still not entirely clear. Here's a bit of background. The original 1886 version of the Berne Convention included architectural plans in the set of things that member countries were obliged to protect, but not architectural works per se. Application of this principle would mean that if you copied the drawings that an architect had prepared to guide the construction of a building, you would be liable for infringement, but not if you were able to construct an identical building without use of those plans. In 1890, the Belgian scholar Jules de Borschgrave published an article criticizing the state of affairs and arguing that works of architecture deserve protection identical to that employed by other works of art, such as painting and music. Borschgrave's argument slowly took root in European copyright systems, first in Belgium, then in France. For a while, some countries, England and Germany, resisted adoption of his proposal on the grounds that it could prevent replication of ordinary non-innovative buildings and thus would retard development, but when reassured that the proposal would only apply to, quote, original artistic work, close quote, they acquiesced. A key step in this campaign was the addition of architectural works to article 21 of the 1908 version of the Byrd Convention. As you know, the United States did not join the Byrd Convention until 80 years later. Until it did so, copyright protection for architecture in this country was skimpy. Architectural plans were shielded, as they were in most countries, and a few cases took the position that an architect whose plans were copied without his permission could prevent construction of the building using those plans, but the buildings themselves were treated as useful articles, just like the types of industrial design we considered a minute ago. As such, they were subject to the conceptual separability test. Only if the aesthetic components of a building were separable from its utilitarian features did they enjoy protection against non-permissive copying. Rarely was this true. When the United States did finally join the Byrd Convention, Congress considered whether formally to extend copyright protection to architectural works. It initially decided not to do so, persuaded that the protections available for useful articles were adequate, but it commissioned a report from the Copyright Office, which, when it was issued, urged that the law be modified, and finally, Congress adopted the Architectural Works Copyright Protection Act, which became effective in 1990. The key provisions of the new statute are set forth on your screen. Notice that it's limited to architectural works, which are defined as the design of a building. Courts in the United States have construed building to be limited to freestanding structures. The most important implication of this new statute is that, in the United States, architectural works no longer have to run the gauntlet of the conceptual separability test. To be sure, like all types of copyrighted work, a piece of architecture must be original to be protectable, but as we've seen, the standard for originality is soft. Here's an example of a building design that would clearly pass muster. In 1989, the Polish-born architect Daniel Liebeskind won a competition to design the Jewish Museum in Berlin. Here's a photograph of the building taken from directly above it, and a second aerial photograph taken from a slight angle. As you can see, the shape of the building is unusual, a complex zigzag. Here's how Liebeskind himself explained the structure. His architectural partner and wife, Nina Liebeskind, emphasized the theme mentioned at the end of the second paragraph on your screen, likening the shape of the building to a, quote, broken star of David. In the late 1990s, the Australian architect, Howard Ragat, was commissioned to design the new National Museum of Australia, which was to be located on this peninsula in the centre of Canberra. Ragat's much-celebrated design is shown in these aerial photos. Until the Australian Museum had been finished, no one apparently noticed the resemblance between its central building and the Jewish Museum in Berlin. But once the connection was suggested, the parallelism becomes so mistakable. This case never resulted in litigation. Had it done so, it would have resulted in liability for Ragat and the Australian firm. Since 1968, Australian copyright law has extended to, among other things, quote, a building or model of a building, whether the building or model is of artistic quality or not. Certainly, if this standard were construed in the same way the current U.S. standard is construed, Liebeskind's design would qualify protection, and the Australian Museum resembles it sufficiently despite the legal standard of substantial similarity. The fact that the case nevertheless was not litigated bears emphasis. Why not? We can't be sure, but probably two factors were at work. First, copyright litigation is very time-consuming and expensive. As a result, only a tiny percentage of potentially actionable cases ever end up in court. Second, architects, at least high-end architects, would rely on copyright to protect their work. Peer pressure and public condemnation, they seem to think, are more effective mechanisms for discouraging knockoffs. Indeed, such extra-legal sanctions were deployed in this particular controversy. The Liebeskind's publicly expressed outrage and the press, both in Germany and in Australia, condemned what one paper called, quote, architectural kleptomania. The director of the Australian Museum, who apparently had not known if the relationship between the two buildings expressed mixed giveings, publicly acknowledging that, quote, had we known we might well have asked for that particular reference not to be included. Close quote. Interestingly, however, Ragat himself seems to have had no such reservations. The overall design of the Australian Museum is clearly postmodern in character, alluding to many other structures. Ragat readily admitted to having been inspired by the Jewish Museum and does not seem to resist the inference drawn by many observers that he intended to analogize the treatment of aborigines in Australia to the treatment of the Jews in the Holocaust. As one might imagine, that suggestion remains highly controversial in Australia. The more general point latent in this example is that there is not complete consensus, even among architects, concerning the definition and significance of copying. What do one person constitute plagiarism or theft? May, to another, seem quotation or illusion. The law, as we've seen, now sides with the former. Whether it should is one of the questions I hope you'll be in a position soon to answer. This concludes lecture number three. Next week, we'll return to copyright theory, examining in some detail the utilitarian approach. The week after that, we'll return to the law and discuss authorship.


I think many of you have heard of Ruby Motion. It's Ruby that runs on the iOS, so you can finally do Ruby on your iPhone. Yay. So here to speak to us about that is Amit Kumar. He's from Mumbai, India. He lives in New York. And are we good to go, Michael? Sorry, we're making a technical adjustment here, so I will do a little soft shoot. I guess I'm supposed to do the, what is the Gangam style? That's enough of that. I'm not in five inch heels though, so I got it easier than Brittany. Okay, are we good to go? Great, so here's Amit. Thank you. Thank you. So here I am. It has been great in San Francisco, coming all the way from India, Mumbai. So thank you, San Francisco, and thank you, Josh. So I'm here to talk about Ruby raising iOS development, which is Ruby Motion. I have been doing Ruby Motion for just a couple of months, and I would like to share my experience, learnings, how I started getting into Ruby Motion, and what I have been doing so far. But before I do that, I would like to quickly introduce myself. I'm a Rubyist doing Ruby development for almost four or five years. A consultant at Tata Consultancy Services Limited, the company that manufactures cars. That's what I have been hearing from everyone. Whenever I say I work for Tata, oh, the company that manufactures cars. Well, Tata is a company that is into every business that you can think of. That's my GitHub handle, Twitter, and my blog post. So I would like to do a quick survey. How many of you in the crowd are Objective-C programmers and have done Objective-C next code? And keep your hands holding. And how many of you love Objective-C?  Okay, so basically I can be safe. I'm not going to be killed. Because just a year before I started learning Objective-C, I thought of learning Objective-C and this is what I ended up. It's complicated. Yeah, everyone is talking about simplifying things. It was complicated, so I did not choose to go that route. And just in May this year, Laurent Sansonetti, he's a one-man army. He created Ruby Motion. It launched. I saw that, I liked it, kind of paid for it. It's a paid licensed product. I bought it, enjoyed it, and I'm enjoying it. I have built three apps so far. One of them is going to be on App Store pretty soon. Recently, the one-man army becomes two-man army. I joined by Watson. Watson is his handle on Twitter and other places. He's CISO from Zapan. So what is Ruby Motion and how Laurent defines Ruby Motion? So basically Laurent says that it's a revolutionary tool chain for building native IS applications using Ruby language. I define it as it's a neighbor's envy and code is delight, which brings happiness. So we'll see in the presentation the moments of happiness as a Ruby developer. Let's dive deep. What exactly is Ruby Motion? So Ruby Motion is a commercial folk of Mac Ruby, Ruby implementation of Mac OS X. It compiles into optimized machine code. So basically the source code of Ruby compiles into optimized version of machine code, which is converted into SMB language by LLVM. Laurent rewrote LLVM for Ruby Motion from Mac Ruby because it was a folk from Mac Ruby. It has automatic object memory allocation and reclaim, which is pretty cool. So that is the first moment of happiness because I'm not going to deal with memory allocation of objects and for objects and then releasing them. I don't have to worry about that. Ruby Motion is going to take care of it. I'm happy. Next aspect is it compiles the interface. So I'm sure everyone who has done a little bit of object to see or have heard about it, you know what is storyboards, what is Nibs. So basically you create interfaces and interface builder of Xcode. What Ruby Motion does is you create your interfaces in your interface builder of Xcode and kind of get that XML file in your Ruby Motion application and Ruby Motion takes care of compiling it. So that's pretty neat. That's the second moment of happiness because then I can design the interface in Xcode and still kind of important Ruby Motion application. Ruby Runtime is tightly integrated with Objective C Runtime. We'll get into it what exactly it means. One important aspect is it has the same ancestors as Objective C which means that all the classes that you have in Objective C, you can kind of use that directly in your Ruby application which is Ruby Motion. Let's look at an example. So what we see over here is in an array class, it's a blank array, and if we see the ancestors, the array is the Ruby Motion class or the Ruby class. The NSMutable array is the Objective C class and so on it goes all the way to kernel. So what we see is they share same ancestors which means that potentially you can use objects or share objects between your Ruby code and your Objective C code without any performance impact which is pretty neat. So essentially if you are building a Ruby Motion application you are actually building an Objective C application because at the end of it, it compiles into executables which you get as an output from your Objective C applications. There are differences here and then yes, we have seen that because Ruby Motion is pretty new. So let's look at architectural how it looks like. So what I've said that Ruby Motion and Objective C share the same runtime. They have the same ancestors which is the foundation framework and you can potentially call all the SDK APIs from your Ruby application which is kind of cool. When I started learning Ruby Motion, there was a few questions that I asked myself and I was asked by people around because that's what you have to answer questions. And I called them myths. So the first is, this question I was asked multiple times. Can I code in Ruby Motion without the pain of learning Cocoa Framework? I would request every one of you to answer that question. Is it possible to do that? Do you think it's possible? Exactly, that was my answer. No, it's not but rather I feel if you're coding in Ruby Motion, you are more close to the Cocoa Framework because as Ruby developers, we want to control things. By control, I mean not go and control everyone. By control, I mean you want to control, have a control on the code that you're writing. You don't believe in magic. You kind of, I would like to build my interface myself with code. So we look at it in one of the most powerful aspects of Ruby Motion. The second question I was asked, when there are frameworks like PhoneGap, if there are any, I didn't ask that question, are any of you lover of PhoneGap like frameworks? Okay. Yeah, so there are PhoneGap like tools which kind of does the same thing. Why should I care about learning Ruby Motion? My answer would be let's look at the pros and cons of PhoneGap. The first is it's very easy to use it. You potentially code it in HTML, CSS, and JavaScript and we all love that language, especially because JavaScript is the next big thing. Yeah, but there are a few disadvantages, especially because it's a bridge. And whenever you have a bridge, you always hit the performance bottleneck. And also, I don't know why, Apple is not optimizing UI WebView. PhoneGap uses UI WebView and it's a single thread model. So there is always a big performance bottleneck. It's one fourth of the performance that you will get in a native application. Another thing is you are basically limited to the support of PhoneGap if you have to use the native APIs. The most important aspect of using PhoneGap is debugging becomes extremely painful because what essentially PhoneGap does is it uses the native JS bridge that Apple gives you to kind of make native API calls of the SDK. So if you have to debug that, it becomes really difficult to do that. So how do I download Ruby Motion? As I said, it's a licensed product. You have to pay $200 and probably there is something. There's a surprise at the end of the session. So keep your eyes open. So you have to basically download it and to get the full featured version, you have to pay $200. But trust me, after paying that, I never regretted and probably you will not. So after you have downloaded and installed, one of the commands that you have to, which kind of kicks off here is the motion command where you have the four options. The first is the motion create, which helps you to create a vanilla application. The motion activate, which activates the license. It's pretty straightforward, updates, software, the support command, which is kind of very, very, very cool because what happens is from your console, you have access to the support ticket system of Ruby Motion. So basically you say motion support and it opens up the default browser on your machine. Probably it's always Chrome. And you have certain fields filled up already, which is your license key, the information about your machine. And then only thing that you'll have to fill in is the bug report that you're trying to file in or any feature request. There's one thing that you have to remember. One pro tip that I'll provide is, if you want to stick to a particular version, this is the command that you should always remember. Motion update will update to the latest version of the software, but if you want to stick to a particular version, you may have to use this. After you have created your first application, this is what it looks like. So you say motion create gogaruku. You have the rake file. You have the app delegate class, which is the point of delegation entering to the application. You have resources spec. We'll talk about it in the coming slides. Let's look at the motion rake command. So basically what exactly is, I'm sure every Ruby developer knows what is rake. In Ruby motion, your bread and butter is rake from the point of you developing an application to testing an application to deploy the application you will be using rake all the time. The starting point is going to the rake default command, which is kind of a command or just a rake command that basically builds your application and runs the application in the simulator. The second one is the rake spec command. You know what rake spec does. Ruby motion by default comes with a RSpec-like framework, which is called MacBacon, which has been there for a long time till the time, and what it does is it has all the flavors of RSpec, syntactic sugar that we have used in RSpec world. Rake build, which kind of just builds the application. Archive creates an IPA file which you can distribute or you can push it to App Store. This is something that, you know, there are other commands as well, but I'm not talking about it because as a new developer in Ruby motion, this is only that I'm concerned about how should I build the application, how should I test it and deploy it, that's all. There is one more command which is very, very important, which is rake config command. So every iOS application has a bunch of configuration options and this rake config command gives you or rather lists down all the configuration options that you have in the application. So let's look at them a little closely. I would let you digest. It has a lot of information here. The first one that you would be interested in, how should I name the application, which is the name of your application. You can change these configuration options in your rake file, which we saw when we created the, you know, motion create, go, go, go. The second option is the delegate class. App delegate is the entry point of delegation to your application. Then is the frameworks.  The defaults are UIKit, foundation and core graphics. You can add more frameworks like core plot and any framework that you want to use in an application in an array in your rake file. The next option is the device family. It can be iPhone, iPad, or both, depending on what you want, or which platform you are trying to focus. There are other configuration options that, you know, I would like to talk about. There could be a, so basically what happens is in a Ruby motion application, when you fire rake, potentially what it does is starts compiling your Ruby source code. And when it compiles, it by default compiles in alphabetical order, which means that there could be a possibility that you have a class inheritance which does not kind of follow alphabetical order, which is like this, in this example. You have curves controller, which is dependent on main, which means that by default, Ruby motion is going to compile curves and then main, but it will fail because you have a dependency. So basically what you are doing is you are telling the compiler that dude, you have to compile main and then compile curves because there is a dependency change. There is another thing which is the vendor project, which basically helps you to use external libraries in your Ruby motion application, which is pretty neat because this is the latest addition in Ruby motion and I think this is really powerful because it helps you to kind of use external libraries which can be an object to see library as well. So you look into that in the coming slides. Now we have seen all the configuration options. So let's look at the soul of Ruby motion. That I call it soul because I loved it so much. I did not have any Objective C background or a Coco background when I started learning Ruby motion and the soul helped me to learn the Coco API mode, which is called REPL, re-evaluate print loop. So what I'm going to do is do a quick demo, taking that risk. Usually you should not be doing it, but I'm taking that risk because it will be much easier for me to kind of explain it to create the impact. So let's look at a demo. So what I have done is I have created a default application, which you have seen that. So if I list it, it's a Gogaruku application with default. I have a bundler dependency management injected already. We'll talk about it, how to use bundler. But for the demo purposes, I'm just going to fire up the application. So let's look at it. Right now what I have done is I have created a single controller with a blank view. And what I'm going to do is play with that view, add few controls and we'll see how we can control everything that you see on your simulator from your console. So it is building and the simulator is launched. Now you see that this is where you have the control. So let's grab the instance variable of the controller from console. So I'm using some syntactic sugar from bubble wrap, which is a Ruby motion gem. We'll talk about it in just a minute. Did I spell it wrong? I'm controlling my nerves. Thank you. If I do a mistake, I will run away. I hope everything is right. Yes. Thank you. Love you guys. So I have now handle of the controller now. So what I'm going to do is it has a view which is blank. Let's change the background color. Which color do you like? Blue, green, you guys. So I was able to change the color from the console, which is nice. So now what I want to do is I want a control to be added on the fly. Let's see. Let's create a control first, which is a segment control. UI segmented control. Controller nerves, no spelling mistakes. Okay, it accepts an array. Let's create two elements. Hello. Patient attendees. If everything is right, it should create an object. Ooh, it did not go there because I have not added. So let's add it to the view. So you can see that it's a Ruby syntax that I have been writing so far. I love it. Keep the fingers crossed. So I was able to add a control from command line, which is nice. Let's play with that. What I want to do is I would like to move it 200 pixels down and 100 pixel probably towards the right. Let's try that. I'm going to use another Ruby motion gem, which is sugar cube. And let's include that gem on the command line. All right, so the gem is loaded. And I want to adjust the view controller.view.subviews. So I have handle of that particular view now. Let's move it 200 pixels down. You'll have 200, 100, 250, I'll look at 200. So I was able to move it. That's nice. Let's move it 100 pixels towards the right. Perfect. No, it does not. I don't like it. So maybe you can. So you can basically continue playing with it. This is one way of playing with it. There is another way, which is really nice. If you just keep an eye on this particular object here, main, as I'm dragging what I'm holding, I'm holding the command key and I'm moving. And if you see it is null, but if you go it here, you can see that it changes to UI view because I'm hovering over UI view. I can move it here, which is a segment control again. This is nice. And if I click it, now you see that main has changed to the object that I have highlighted. See if I do self. Who am I? So can I change it? Self.label. No, I cannot. So I know that. Can I change it to something else? Everyone kind of love that. Yeah, I was able to change it. So hello, changes to Hela. Cool. There is one more syntactic sugar that I would like to show to you, which is if you are playing with this, you can see all the hierarchy of classes of the window, which starts from UI window and goes all the way to the segment label, which we change it over here. All right. So I was successful. Demo completed. Cool. So you feel in control. I feel in control. This is another moment of happiness. So what was the count again? There is an excellent thing you should check out, which is an in-browser demo of Ripple. Go to this particular link, and you should see two, three applications, and you can play with it. The build process. How does the build process happens? So it's a four-step build process. The first step is compiling. So when you fire Rake, or when I fired Rake in the demo, what essentially happens is all your Ruby code is being compiled into machine code, which later on converts into assembly language with LLVM. The second step is linking. What RubyMotion does is the machine code that was generated, it links them with RubyMotion statically. And then an executable is created. It is the same executable that you will get if you compile an Objective-C application. Kind of similar. Then what it does is it packages them, or it copies those executable files in your build directory of the application. And then beyond that, you have a full-durning compiled code. And it also, if you are archiving it, it will create an IPA file, which will be ready to push to App Store. There is the fourth optional step, which is code signing, which is not required when you are building or testing. It is required when you want to push it to App Store. Everyone would be interested in doing testing of your code. You definitely, everyone likes code testing, because that's what we do. We love Ruby because it helps us to test our code. So RubyMotion, by default, comes bundled with an aspect-like framework, which is called MacBacon. So when we created the application for the first time at the motion root, I call it motion root, because that's a root of your application, there is a spec directory, and it has a main underscore spec.rb file, which is a canary test. Everyone in this room understand what a canary test is, right? It's a default test that has nothing. It is an assertion that you are doing true is true. So it's kind of a test that is a starting point of your application, which says that your application is ready to be tested. More tests can be added to your application. So when you say a re-spec, should I take the risk of doing the demo again? OK, I'm taking the risk again. So let's look at the spec directory. There is a main spec.rb file, and let's open that. By the way, I did not mention there are a lot of IDs that support RubyMotion right now. So if you see that, this is what it testing. UI window, app.windows are size. That should be equal to one, which is always true. It's never going to fail. So I'm 100% confident it's going to pass, unless until my luck is really back today. So we will see that this simulator will launch again, because it runs the test case in that environment. That kind of gives me a break to take some more. Cool. So it passed, which we see at the bottom has one window, one specifications, one requirement, zero failures, zero errors. Nice. OK. So MacBacon has almost all the syntactic sugar that we are accustomed to in our spec framework, which is your assertions, matchers, your before and after block. The one other thing that I really like about MacBacon is that if you are building your interface in an interface builder of your Xcode, and if you want to test that, it gives a way to test your views as well, which is nice. So it basically loads the nib, zip, or storyboard file, whatever you may use in your application. While I was building application, because it was for a client where we cannot push the application to test flight, there was a need that we should be able to share our application internally and ask our client to test it, which required that we set up a continuous integration, something like this. So this is very simple. Essentially what it happens is the moment you check in the code, there is a webhook, which is hooked to your Jenkins server, which was on a Mac mini. The important aspect to observe over here is the push that happens from Jenkins server to an app store that we have created internally. And it uses deploy over-the-air technology of Apple. And it is kind of a P-list file that is created that helps you to download the application. If you browse to app store, you will see an install button, and you will be able to download the application on your device and then test it. So that was a kind of feedback loop that we were working with the client, and it has worked really well. External libraries. There are four ways to use external libraries in Ruby Motion. The first is RubyGems. The second is the Objective-C project itself. The third one is the native-C. So if you have any native-C application or library that you want to use in Ruby Motion, you can use it. And the fourth one is CocoaPods. Let's look at each of them individually. The first one is RubyGems. Normal RubyGems won't work. That's a bummer. And why it won't work? Because RubyMotion is statically compiled. And so normal RubyGems of MRI is not going to work on RubyGems. RubyMotionGems have to basically extend the configuration file. And the authors of RubyMotionGems have to take care of loading the files in Motion Project app block so that RubyMotion compiler knows that this particular gem has to be statically compiled and injected as the dependency inside the application. If you have few gems, then definitely Bundler is a default. And you set up Bundler, which is pretty straightforward. You create a gem file.  So then, yeah, this is very important. RubyMotion has been accepted by the community. And I think there has been a lot of contributions from the community. And I would like to list a few of the gems. Bubblewrap is at the top. People love it. It's kind of helpers which reduces the verbosity of Objective-C code. There is another one, which is T-Cup. I use SugarCube. T-Cup is a style sheet. It helps you to kind of move away from building the interface from code. You can have style sheet way of presenting or creating the views. And then we have SugarCube. We have FarMotion. The last two are the one that I created and contributed back using Objective-C code. There are two ways to use Objective-C code, by the way. The first one is the statically compiled. And the second one is when you are doing a statically compiled, you basically include that particular directly in your vendor project of your application and declare it as static so that the compiler knows that it has to be compiled. The second one is including the Xcode project itself. So if you have a working Xcode project, which is an Objective-C library that you want to hook in your application, similar in concept as engines in Rails world, you can do that. And beyond that, it becomes part of your application. Using native-C code. The basic types in C are basically a map to all the Ruby data types. We all know that. But complex data structures in C, they don't have a corresponding Ruby data type. So essentially, what you end up doing is using bridge support in Ruby motion. By default, the latest version or other line comes with bridge support. And you don't have to compile it. The next option is the Cocoa parts. It's a dependency manager of Objective-C projects. And it's a Ruby gem. You essentially just do a gem install Cocoa parts. And then you do a part setup. Well, part setup, I had to do it. Maybe you may not have to do it because my machine never worked without part setup. This is a list of all the parts that you can play with. And then you have to install a motion Cocoa parts gem for your Ruby motion application. And then you have to declare the dependency as we see in the screen. If you want to use JSON, Git, Objective-C library, then you have to declare dependency in the rake file. So the four ways that you can use external libraries in your Ruby motion application. It has a long way to go. The Ruby motion is just four months old, approximately. There's something that it lacks. It lacks debugger. But Ripple is a nice way to know maybe you don't need debugger. I kind of feel that debugger is required. Some of the dynamic code may not work. And actually it doesn't work, but hey, who cares? Ruby motion application is an app store. EverClip was the first one. Cabify is the second one. There are others that are coming up. The third one, the order messed up. Survey is something that I'm going to push the app store pretty soon. And thank you. So one more thing, which is a 15% discount. So if you want to play with Ruby motion, just shoot me an email and you'll get that discount of 15%. Cool. Thank you very much. Thank you. Great.


Starring Raymond Massey in a tooth for Paul Revere, Steven Vincent Benet for the Cavalcade of America. You may think this isn't a true story, but if you do, never mention it over Massachusetts way because the people around Conker in Lexington and Boston know that it did happen. There are monuments and placards to commemorate it. Monuments to the Minutemen who fired the shot heard round the world. The shot that told the nation that America had taken her stand for liberty. But, uh, confidentially, it all began with Lige Butterwick. Lige lived on a farm about eight miles out of Lexington, Massachusetts, and he was a peaceable man. But one morning in April, 1775, he woke up with a bad toothache. Ouch!  I got it real nice and hot again. Thanks, Hannah. Yeah, you certainly got it hot. Is it any? I said, does it eat it any? Not one darn concerned, ding-busted mic. Lige Butterwick. I'm sorry, Hannah. I'm not a profane man, mostly, but there's tooth. Hannah, take that cat right outside, Hannah. She's meowing and stamping round here like a herd of elephants. Will you take that cat outside? Oh, Lige Butterwick, you listen to me, and it's getting so you're not fit company for a Christian woman. Guess you're right, Hannah. But when it jumps like that... Well, it isn't going to jump like that. I'm going to saddle up the horse and ride into Lexington and have it out this morning. And while you're away, perhaps I can get some work done without hearing your durn and concerns of a living moment. Aim to plow the Southfield today. Lige Butterwick. Cross money to get your tooth pulled. Cheap at the price. Oh, all right, Hannah. The tooth's a tooth. Guess it better. Now, you go right down to Barbara Joe's, and when it's out, don't you stay too long with those Liberty Boys at the tap. They're a wild lot. Morning, Eben. Go into Lexington. Might be. Law of business? Ah, looks kind of painful. Is? Well, Barbara Joe can fix it for you, I guess. Say, Lige... Huh? Decided yet about joining the Minutemen? Not yet. I'd like to have you, Lige. Appreciate it. Ain't decided yet. The way I figure it is, trouble's coming. We can't let other folks tramp on us. The way I figure it is, nobody's gonna tramp on me, but I'm still making up for mine. Well, man's got a right to do that. Morning, Eben. Got to be getting on to Barbara Joe's. Morning, Lige. Hey, lookin' catch me, Lige. Got to go to Parton Clark to shave an important customer. You sit right down in this chair. I'll be with you. Now? Open wide. Ah! Ah! Well, certainly is a tooth. I'm certain that I know it's a tooth. Thing is, can you pull her or can't you? That's all I want to know. I can pull her, Lige. She's a blockin' tackle if I have to. She's got long roots and strong roots. She's gonna leave an awful gap. Now, what you really need... Oh, it's takin' away my business. It's one of these here artificial teeth to go in that gap. Artificial teeth? That's flying in the face of nature. No, it ain't, Lige. Artificial teeth is all I go these days. Do me good to see you with an artificial tooth. I might do you good, but supposin' I did want one. I'll entunk it good to get one here in Lexington. Ah, you just leave that to me. You have to go to Boston for her, but I know just the man. He's the beer. They say he's a boss workman. Just take a look at this here prospectus.  Yeah? Yeah. To their great detriment, not only in looks but in speakin'. This is to inform all such that they may have them replaced by artificial ones, see? I look as well as the natural teeth. And he's got his name here, Paul Revere Silversmith, here the head of Dr. Clarksworth, Boston Mass. Silversmith. Never heard of him. What's Silversmith got to do with teeth? Oh, you don't know Paul Revere. He's a regular wizard. A regular wizard with his tools. Well, I don't hold with wizard. And I never heard of this Revere. But I guess I'll take your advice, Joe, and thank you. You'll never regret it, Lige. That's all right, youngster. But next time you bump into a man with a toothache, just bump a little easier with you. What's all the commotion about? Commotion, mister? I said commotion. This used to be a town attended to its own business. Now it's all stirred up. Why haven't you heard the great news, mister? It's a secret, of course, but... Come here, son. Excuse me, sir, but I've often told the boy not to talk to strangers. Hard to tell who's friend or enemy these days. I don't remember seeing you in Lexington before. Name's Lige Butterwick. Don't get into town very often. Butterwick, eh? Well, Mr. Butterwick, my advice to you is to go right back where it came from. We're choosy about strangers right now in Lexington. Now, mister, I am a peaceful man, and I don't want any quarrels. But nobody's gonna tell me what to do and where to go. If I didn't have a toothache and wasn't going to Boston to get Paul Revere to fix it... Please, Mr. Butterwick, speak just a little lower. I'd known you were one of our men. I'd never have spoken as I did. But I've just come from Mr. Hancock and Mr. Adams. And I stay in at passing clocks. And I didn't see you there. Yes, I wasn't there to see. That's right. Don't give anything away. No, I wasn't, Tunkett. Just because the man wants to get his tooth pulled by a fellow named Revere...  But I mustn't detain you any longer.  But tell Mr. Revere that we all want to see that tooth pulled. Every true son of liberty in Lexington. Well, that's real neighborly of you, but... No more words. Here, William. Well, Mr. Butterwick's horse. God speed you, Butterwick. Thank you. Beats me. Wonder what it's all about. You are listening to A Tooth for Paul Revere, an original play by Stephen Vincent Benet, starring Raymond Massey on The Cavalcade of America, sponsored by the DuPont Company, makers of better things for better living through chemistry. And now as we return to our story, we find Lige Butterwick in Boston, stopping at a tavern for a bite and a sip before he goes on to see Paul Revere. A veil, please, and some bread and cheese. Find Aile, please. I heard you the first time. Thank you. Well, here's to Boston. You've been in Boston long, stranger? First time in four years. What kind of change, if you ask me? Maybe you tell us just how Boston changed, stranger. Well, that's hard for me to say, but of course there's all these soldiers in the streets. Then there's the ships in the harbor with their guns pointed right to the city. Never seen that before. What's all about? Ship called Somerset, seer from the road. Guns pointed right to the city. Better change your conversation, stranger. That'll be a shilling. Oh, sure, sure. Well, beautiful weather we're having. Better weather for Boston. Maybe for Boston, but out in the country we'd call it good planting weather. Oh, yes, I was mistaken in you. It is good planting weather for some kinds of trees. And what kinds of trees were you thinking of, neighbor? Needin' poke me in the ribs like that, friend. There's trees and trees, you know. Well, I know that. You needin' poke me, neither. You in the blue coat, as I would say. The Liberty Tree. May it soon be watered with the blood of tyrant. The Royal Oak! And Card Shave King Card, you want it? There's half my Sunday coat gone galley west. And all over planting trees. Are all the folks in Boston crazy? Here, friend, let me help you up. I'm glad to help any man against these Boston rebels. Well, I don't know about rebels, but I come here to get my toothpicks. I wonder if you could help me. You see, I come to see a fella named Paul Revere. Paul Revere? I'll be glad to tell you how to find him. You see those soldiers of the King over there? Yeah. Well, you go right over to one of them and say, hey, lobster back. Why do I call him that? Well, may I read coats? And the minute the soldier hears it, he'll know just the sort of man you are. You'll see you get to Paul Revere, or wherever else you ought to be. Lobster back. Lobster back. Yeah. Well, much obliged to you, friend. Out where I live, we don't know all these fancy Boston names for soldiers. You just try this one. Try it and see. Lobster back. Lobster back. Hey, excuse me, Mr. Lobster back. Sergeant, he called me a lobster back. Just as bold as brass. What, Mr. Lobster back? Shit, I'm an American citizen. You let go of my coat.  This Clarksworth? What's the matter? Can't you read the sign? Why, uh, sure, sure. Number 27. Must be Paul Revere. Afternoon, Mr. Revere. Nice shop you got here. But you look kind of young to be... Oh, uh, Mr. Revere's over there, sir. Behind the counter. Excuse me, but my business book's not laid out. Oh! Uh, Mr. Revere. Yes, Mr. Began? Order 300 weight-footers, sons of liberty. I'll attend to it. Mr. Revere! Mr. Revere! Master Revere, where is he? I must see him at once. Can't you just hold your horses one minute, lady? I was here before. Stand out of my way, my good man. Now, Master Revere, I am so disappointed in you. Oh, I'm sorry for that, madam. But why? That silver service you made me. I wanted the best. I certainly paid for the best. And what have you given me? My best work, madam. Within my hands for six months. Six months, indeed. What? It looks like something made for the lower classes. I wanted something I could show the governor. But this! This is as plain as dirt and as simple as a picket fence. Simple and plain? Well, you pay me high compliments, madam. Compliments? I'm sending it back tomorrow. But there isn't as much as a coat of arms on the cream jug. I told you I wanted a sugar bowl covered with silver grapes. The service goes back. I'll send to Italy instead. Send away, madam. We are making new things in this country. Silver is clean and plain as the New England hills. And we may make a new nation, too.   Out of my shop! Ah! That's a relief. All right, you can put up the shutters, Peter.  Yes, Mr. Revere. Peter. No word yet from Dr. Warren. Good for you, Mr. Revere. What then? I said good for you. The way you're stuck up to that lady about things and... and things. Well, thank you, my friend. And, uh, who in the world are you? Well, that's kind of a long story, Mr. Revere. It is, Mr. Revere, isn't it? Mm-hmm. But, closing or not, you'll have to listen to me. The barber told me so. Barber. Barber Joe. What barber? Barber Joe. Oh, eh, eh, eh. You're what? My tooth went into Lexington this morning with a spittin' toothache. Lexington! And you were there this morning? That's just what I'm telling you. When I went in to Barber Joe's, I said to him, Joe, I said... Man, man, don't waste your words. There's a revolution boiling in this country. Were Hancock and Adams still a Parson Clark? Would you mind just saying those names again? Good heavens. Is there a man in the American colonies who doesn't know John Hancock and Sam Adams? Well, there seems to be me. But now, come to think of it. Yeah? There was two strangers staying at the Parson H. Hancock and Adams still there. The British ready to march and must be warned. Do you see many soldiers who came to my shop, Mr. Butterwick? See them? They chased me into a tar barrel. And there was a whole parcel of them up by the common. Looked as if they meant business. They do mean business. Mr. Butterwick, you may not know it, but you have done the colonies in invaluable service. Hancock and Adams shall be warned. Well, that's very nice, Mr. Revere, but what about my tooth?  But all the better, I like stubborn men. We're going to need them in America. And as you've helped me, I'll do my best to help you. Now, I've made artificial teeth, but pulling them is hardly my trade. Still just open wide for a moment. All right. Mr. Butterwick, it seems to be a compound, a glutinated infraction of an upper molar. I can't do very much about it tonight, but here's a little medicine that may make you more comfortable. Smells like sherry wine. It's got a queer, sleepy taste to it. Yeah, that's right.  Now I look for some liniment for you. Mr. Revere. Yes, I'll find it in a moment. Taint that. It's a queer kind of shop he got here, Mr. Revere. A minute ago, I could have sworn I saw something move in that cupboard. Something with legs. And say, what's in that little bottle there, Mr. Revere? What, man? Oh, that's just a little experiment of mine. I call it Essence of Boston. There's a good deal of east wind in it, though. Essence of Boston? Well, they did say you was a wizard, and I'll believe it. It's genuine magic, I suppose. Genuine magic, of course. And here's the box for the liniment. Much plied. But what's this other little box, the silver one? Pick it up. Mighty pretty work. That's my own design. Those stars around the edge, 13 of them. And the eagle. But what's in it? What's in it? What's all around us, Mr. Butterwick? Gunpowder and war. And the making of a new nation. But the time isn't quite right yet. Not quite right. You mean, you mean this here revolution folks keep talking about?  Why, I could let... A message from Dr. Warren. Give it to me, boy. Peter, get my writing boots. Hurry. Mr. Revere. I'm sorry, Mr. Butterwick, but I just received a very important message. Peter, my boots. Get my boots. May have to write all night. But Mr. Revere, what about my tooth? It hurts. Sadly, Mr. Butterwick, it's often like that. Something hurts and you don't know why. Something stirs and you don't know why. There may be a tooth or a country. But when it hurts, you know.  Yes, sir. I've earned all my life. Aimed to be a peaceable man. Uh-huh. And there are so many of you. So many who wanted to be peaceable. And yet, it isn't until you awaken that a country awakens. You understand me, Mr. Butterwick? Takes me a little time, but I'm starting to. Yeah, I'm starting to. All right, then you take this box, Mr. Butterwick. Here, hold it in your hand. Now I'll have to leave you. But you can stay here till you feel that you have to go. Bring the box to me when you feel like it. I'm trusting it to you. To your sanity and common sense in the way you feel about your neighbors. My boots, Peter. My riding boots. Yeah. Ugh. Must have gone to sleep. But where am I? Seems like a dream. He told me I could stay here till I felt I had to go. And he put the box in my hand. But good glory. It's the box with the revolution inside it. Now what am I going to do? Gunpowder and war and the making of a new nation. It's a mighty dreadful responsibility, Lodge Butterwick. Of course, maybe he was fooling me. No, there's something inside it all right. Ain't got a keyhole. But maybe if I put my ear to it and listen. There's a musket tire or I'm a Dutchman. And that's people cheering. Oh my, it's true. But what can I do about it? Wish Mr. Revere was here because, oh, what can I do? So that's it. So that's why he calls for his rotten boots. But he's not me. He's another sort of man. Well, there's plenty of us around Lexington and we got guns. But I never aimed to fight and die. I just aimed to farm. What was it? Was it that fellow Revere said? He said he couldn't do it all. He said it wasn't until folks like me wake up that a country wakens. Yeah, that's what he said. And it means something. I'm a peaceable man, but to chase me into a tar barrel shouldn't do things like that to a man. Why, I'm not a British or even a colonist. I'm a New Englander. And maybe there's something beyond that, something that Hancock and Adams knows about. And if it has to come with a revolution, well, I guess it has to come. We get to start being American sometime in this country to build a new country and build it clean and plain. Paul Revere, I got to find Paul Revere. But you got to let me have a boat, lady. No, you don't get any boats for me. There was a crazy man along here an hour ago and he wanted a boat across the river and my husband was crazy enough to take him. And they tore up my best bear pedicot to muffle the arms. Was his name Revere Paul Revere? I need one, my best bear pedicot. Keep your head down. Passing the British fleet. If I hadn't seen the color of your money, I'd turn back. Don't think to try that, friend. What's that light over there? A light in the Old North Church. I don't know why they got it lighted tonight. I don't like it. You keep quiet or we'll never get to shore. Miss Johnson? What you expected to be? New Orleans? That's your horse that's hitched there? Of course, my horse. I'm taking it. Why, you say what do you think you're doing? Thank me. It's the American Revolution and we're taking your horse. Come on, get out. Has a man been by here? A man in the horse named Paul Revere? Ever jumped horses? Hedges' horse. We'll need a ride. But here goes... Ulster, I fire! How far am I out of Lexington? Well, just about a mile by the side we'll stop at the house. Your horse looks tired to death and blood on your coat. But no time to stop. Got the American Revolution with me. This is my friend with the toothache. What brings you here, Mr. Butterwick? This is the same errand you had. Did you get to Hancock and Adams? Yeah, they're warned. And you've done your country a great service, Mr. Butterwick. The British caught me near Concord and let me go again. But if it hadn't been for you, I'd never have gotten to Lexington on time. Well, you better take this horse of mine. He's blown, but there's work left in him. By the way, Mr. Revere, I got a little boxy horse. You know what's in it? Yes, I know now. And I know what's over there in Lexington Green. There's soldiers over there, Mr. Revere. Regular soldiers. And there's neighbors of mine that I know. Do you see them standing up to those regulars, Mr. Revere? And do you hear what they're saying? I hear, and I see. Then here goes with a little box. You know what you've done? You let out the American Revolution. Well, I guess it was about time. And I guess I'll go along to the Green. I can borrow a gun over there, and I guess I'll need it. But, uh, your tooth, Mr. Butterwick? After all. Oh, a tooth's a tooth, but a country's a country. And we're going to make this one right and make it here and now. In a few moments, we will hear again from our star, Raymond Massey. In the meantime, a brief story of how DuPont photographic microfilm is safeguarding today's vitally important plans and records. Before a bombing plane can be built, draftsmen must make 60,000 mechanical drawings 30 tons of blueprints must be made before the building of a battleship is completed. In the Library of Congress are copies of nearly 10 million books. In the public and private archives of the nation is stored the recorded knowledge on which the cultural and industrial life of the nation is based. If enemy bombs should destroy these priceless records, how would we duplicate them? A bombed building can be built up again, but ideas, designs, patents, formulae, masterpieces, of architecture may be lost to us forever. Today, invaluable records of this sort are photographed on microfilm. An entire drawing, even a whole page of a newspaper, may be copied on a tiny piece of film no larger than a postage stamp. A plant manufacturing machine tools found itself with 400,000 charts that took up 1,500 square feet of floor space. Reduced to microfilm, the whole lot could be stored away in two drawers of a letter file. Telephone companies, water companies, gas and electric corporations today are microfilming their records. If a city is bombed, repair crews will know just where to go to repair breaks, even if original engineering plans and records are damaged or lost. Records which must be added to or changed are re-photographed periodically and kept up to date. Some utility companies are doing this every six months. The DuPont company also has microfilms under strictest surveillance, all of its engineering drawings. Banks photograph checks for a permanent record that can be filed away without taking up room. Letters written by soldiers abroad are microfilmed so that a single airplane bound for home can carry the equivalent of tons of mail. The army and navy are making other uses of the film that can't be told until the war is over. Newspapers from 37 countries are now available through Harvard's microfilm service. The secret of microfilm is an ultra-fine grain emulsion with what photographers call high-resolving power and inherent contrast. That is, it can record extremely fine detail, so fine that in reducing a drawing to the size of a pinhead, 1,900th of the original area and then enlarging it, all of the essential detail is preserved. Furthermore, this film has a tough surface that reduces the possibility of scratches and lengthens its life. Made by DuPont, it is called DuPont Safety Microcopy. Microcopy film is a DuPont contribution to better things for better living through chemistry. Ladies and gentlemen, here is our star, Raymond Massey. Thank you, Mr. Collier. I found it a great pleasure to play Lige Butterwick on the cavalcade tonight. I even like playing his toothache. For men like Lige are the salt of the earth. Freemen slow to anger and strong of purpose. They made this country what it is, and men like them will keep it that way. I'd also like to thank the cavalcade players for their generous help. Thank you, Mr. Massey. And now news about next Monday's program. Our star will be Claudette Colbert. Our play, Remember the Day, a play full of tenderness and meaning about a schoolteacher who helped mold the life of a great American. It is adapted from 20th Century Fox's motion picture of the same name. Don't forget next Monday on the cavalcade of America, the lovely star, Claudette Colbert, in Remember the Day. The orchestra and original score on tonight's program were under the direction of Don Worries. DuPont is happy to announce that Raymond Massey is now to be seen in Cecil B. DeMille's production Reap the Wild Wind. On the cavalcade of America, your announcer is Clayton Collier sending best wishes from DuPont. This program came to you from New York. This is the National Broadcasting Company.


My name is Erin Collins. I'm originally from Waxall, North Carolina. I'm a senior here at the Morganton campus, and I'm excited to show you around. NCSSM is the number one public high school in North Carolina, according to niche.com. Here in Morganton, the residential enrollment is around 300 students, made up of academically talented juniors and seniors who live and learn on campus. Students come here from every corner of the state, and there is no cost for tuition, meals, housing, or textbooks. The Morganton campus is situated in the beautiful foothills of western North Carolina, about an hour east of Asheville. The academic street is the main path through campus, and it's open to pedestrians and bikes. We have a mix of new state-of-the-art buildings and renovated historic buildings, including the barn, which is an iconic landmark for the region. Hello. This is the historic Goodwin Hall. This is the main check-in area for all visitors. It houses the clinic, lots of classrooms, as well as the mailroom.  Our teachers are amazing. They all have either a master's degree or PhD in their field of study. The low student-teacher ratio here means that we get a lot of individualized attention. We have specialized classes in STEM fields, of course, but we also have a ton of advanced humanities courses, too. Students also have the chance to engage in off-campus mentorship and research with local industry partners, providing practical, real-world learning experiences. For example, I participate with UNC Health Blue Ridge and go to the local hospital every week, where I'm able to shadow members of my department and gain firsthand experience on the day-to-day life in the hospital. I'm now on the third floor of Goodwin, in the lounge area. As you see the Morganton campus, you'll see lots of study spaces, areas for collaboration, not just for your peers, but for your teachers, as well. Hi, everyone. My name is Ellis Waites. I'm originally from Collinsville, North Carolina, and I'm a senior here at NCSSM Morganton. Today, I'm going to show you around our campus. The Academic Commons is a hub of activity here at NCSSM Morganton. It houses the cafeteria, library, classrooms, labs, and more. The library is a great place to study or just hang out, and we also host special events and special guests on the Bleacher Stairs. Our engineering and computer science program has a wide selection of courses, complemented by a state-of-the-art fabrication lab where students can work on projects for academic purposes or simply for enjoyment. Equipped with cutting-edge tools and 3D printers, the FAB lab provides everything students require to bring their projects to life. One unique thing to note about the Morganton campus, our curriculum is infused with data science, the art of turning data into action, and we're the first high school in the country to require data science as a graduation requirement. Meals are provided in the cafeteria at NCSSM Morganton, which offers breakfast, lunch, and dinner, accommodating a wide range of dietary preferences. On nice days, we take advantage of the outdoors, enjoying our meals and relaxing in the Hammett Garden, gathering at the amphitheater, or lounging on the lawn. Here in the academic commons, we also have a cafe where you can buy coffee, soda, and snacks. Plus the student store, we can get all of your NCSSM gear. Hello, my name is Kanol Singh and I'm here at NCSSM Morganton as a senior. I'm originally from Charlotte and I'm excited to show you guys around campus today. At NCSSM, we offer every student a safe, secure, welcoming home on campus, and all residential students live on campus. Here at NCSSM Morganton, every student lives in one single residence hall. Here at the residence hall, I live in a hall with about 30-some guys, and we have a CC community coordinator, and we have shared lounges on each hall, with a TV, a sink, and a microwave, and also a communal lounge in the elevator lobby, where guys and girls can hang out as well. And here is the communal kitchen, and there's also a gym down there. Living on hall is like being part of a big family. Every hall has its own cool vibe. We get together for fun activities and outings, and there's always some friendly competition going on with the other halls. A lot of students bring a bike, since it's a great way to get around. Several restaurants and grocery stores are just a short walk from campus. We also have fun at downtown Morganton, which has a lot of cool shops and a movie theater. Regular van loops make it easy for us to get in and out of town. At NCSSM, we take campus safety seriously. We have a security team and regular patrols, and we use the LifSafe app if we're leaving campus, so that someone always knows where we are. In Jeter Hall, we have counselors who support our adjustment to the NCSSM community, our individual personal growth, academics, and our transition to college. The adults on campus are really caring and helpful as well. Jeter Hall is also home to the Fine Arts program, which offers opportunities for music, visual art, and drama. The Barn, a historic icon for the region, is our venue for concerts, assemblies, theater performances, and other special events. Here in Morganton, we have neighbors. Over there, we have the North Carolina School for the Deaf, and then to my right, we have the Western Pima Community College Canvas. We share athletic facilities with both of these institutions while we wait for our student wellness and activities center to be constructed. Here in Morganton, we have 15 varsity sports teams. I personally am a member of the cross-country, swim, and track and field teams. In addition to varsity sports, we have lots of intramural sports and clubs. There are a ton of options for physical wellness to help students stay healthy and burn off stress. Morganton is surrounded by nature, with plenty of fun things for you to do outdoors. There are rivers, lakes, and mountains, all for you to enjoy. From Lake James to Pisgah National Forest to Linville Gorge, this area is known as nature's playground for its scenic beauty and opportunities for hiking, paddling, and all other kinds of outdoor recreation. Here at NCSSM, there are many clubs, and anyone can start one. Personally, I've helped to co-found the Black Student Union here, as well as being a co-founding editor of the Literary Magazine. Every evening, we just relax and hang out with friends. Plus, there's always some kind of special event happening on campus, like Movie Night or Board Game Night. At NCSSM, we also have a long tradition of contributing to our communities. All students do campus and community service activities, and seniors have the chance to serve in leadership positions. For example, as my campus service, I serve as an admissions ambassador and give in-person tours to prospective students and their families. That's a little window into life at NCSSM, Morganton. We loved showing you around. Thanks for coming on this virtual tour, and we hope to see you on campus soon.


That's why we don't have a claim that if you look at another woman with lust it's as if you've committed adultery with her. I am as I said yesterday I thank God for America's Christians but obviously Christianity and Judaism are not identical religions. There's only one way to commit adultery and Judaism and it's with a different organ. Now although Jesus' statement equating lust with adultery was striking at the time it was by no means inconsistent with the rest of Scripture. Throughout the Psalms and Proverbs you see prayers of introspection and evaluation of the heart. All the ways a man are clean in his own sight but the Lord weighs the motives. Examine me O Lord and try me. Test my mind and my heart. Search me O God and know my heart. Try me and know my thoughts. Let these be our prayers not just to submit our behavior to God but also our thoughts and our motives. And when we see the wickedness of our own heart that that would draw us to repentance and a renewed faith in Jesus who bore the weight of our sin.