Space Travel and Taxes: A Cautionary Tale of Shareholder Benefits – Lexology

In the recent decision in Lalibert v Canada, 2020 FCA 97, [Lalibert] the Federal Court of Appeal confirmed that the $41.8-million costs of a shareholder's visit to outer space as a "space tourist" should be taxed as a shareholder benefit, and not as a deductible marketing expense as was claimed by the shareholder and the company, Cirque du Soleil. While the circumstances of that case are unusual and exotic, the case illustrates that the shareholder benefit rules should be considered any time a shareholder receives an economic benefit from the corporation because of their position as a shareholder.

The Income Tax Act (ITA) includes a shareholder benefit regime, which is intended to ensure that a shareholder is subject to tax on any economic benefit received from a corporation, subject to certain specified exclusions for bona fide business transactions, certain reorganizations, rights offerings, dividend payments, and capital reductions. The provisions have a broad scope, with the Canada Revenue Agency (CRA) stating that a shareholder benefit may arise from "just about any payment, appropriation of property or advantage conferred on a shareholder by the corporation."

The consequence of a shareholder benefit is significant: the value of the benefit is included in the shareholder's income for the year as regular income (taxed at a higher rate than a dividend), but the ITA does not allow a corresponding deduction to the corporationthus resulting in an element of double tax. For non-resident shareholders, the ITA deems the benefit to be a dividend to which the normal non-resident withholding tax rules apply.

When Is a Shareholder Benefit Taxable?

ITA subsection 15(1) includes in a shareholder's income the amount or value of a benefit conferred on the shareholder by a corporation. The key issues are thus determining whether a "benefit" exists, whether such benefit has been "conferred," and how to determine the amount of the benefit.

Benefit

The term "benefit" is not defined in the ITA but is broad and can include any type of payment or advantage to a shareholder that is outside of the ordinary course of business. In the view of the CRA, "benefits" include:

In Lalibert, the Federal Court of Appeal noted that the analysis often focuses on whether or not the transaction in question was made for a business or personal purpose.

Conferral of a Benefit

Notably, the existence of an economic benefit does not necessarily mean that the shareholder has received a taxable benefit. The benefit will attract liability for tax only if it was "conferred" on the shareholder. The word "confer" implies the bestowal of bounty or largesse, to the economic benefit of the conferree and a corresponding economic detriment of the corporation. What is key is that the corporation is impoverished and the shareholder enriched.

The case law has also found that subsection 15(1) does not always require an intent on the part of the corporation to confer a benefit or knowledge on the part of the shareholderthe requirement is whether either party knew or should have known that a benefit was conferred. In Lalibert, the Federal Court of Appeal noted that the inquiry is highly fact specific, and corporate intent will be more relevant in certain circumstances, such as when the benefit is the result of a bookkeeping error or other mistake.

Determining the Amount or Value of a Benefit

The ITA requires that the benefit be quantifiable in monetary terms. The courts have applied different valuation methods depending on the circumstances, focusing on using simple common-sense approaches where possible. One typical approach is to determine what the shareholder would have had to pay for the same benefit in the same circumstances if he or she had not been a shareholder of the company.

Lalibert v Canada

The above principles are illustrated in the Lalibert case. The facts, in brief, are as follows. In 1984, a street performer named Guy Lalibert co-founded Cirque du Soleil. Fast-forward 25 years to 2009 when the astronomical success of Cirque du Soleil landed Lalibert in outer space as Canada's first space tourist. One of the corporations in the Cirque du Soleil group paid $41.8 million for Lalibert's 12-day trip to the International Space Station. At the time, Lalibert was the controlling shareholder of the Cirque du Soleil group of companies.

The Minister of National Revenue assessed Lalibert with a shareholder benefit equal to the full cost of the trip. Lalibert appealed, arguing that he went to space for a stunt-type promotional activity on behalf of Cirque du Soleil and the One Drop charity.

To determine whether Lalibert's corporate-paid trip to space was a taxable benefit, the Tax Court considered the purpose of the trip, the circumstances surrounding the commitment made to take the trip, the nature of the promotional activities, and the corporate accounting and tax treatment of the expense. Justice Boyle provided 27 reasons to support the conclusion that the "motivating, essential and overwhelmingly primary purpose of the travel was personal." In addition, the Tax Court found that Lalibert committed to the trip before seeking approval from anyone in the Cirque du Soleil group, and structured the payment so that the external shareholders did not bear any of the economic costs of the trip.

Since very few taxpayers will find themselves in the similar position of trying to determine whether their trip to outer space is a taxable benefit or not, Justice Boyle drew an analogy with a shareholder taking a personal cross-country trip with the occasional business stop along the way:

I have approached my decision in this case as I would have had it involved an owner-manager of a business who decided that he personally wanted to go on a cross-country trip, and then decided that, he would stop in to visit business clients and suppliers and potential clients and potential suppliers along the way. One would expect his incremental direct costs associated with his business promotion activities and sidetrips should be deductible, but that little, if any, of the trip itself would be. If he could have his company pay for his whole trip, even if it did not deduct the cost for tax purposes, it would allow him to pay for his trip in pre-tax dollars. The shareholder benefit provisions exist for just such reasons, and going offside can often result in double taxation once corrected.

Simply put, there is a difference between a business trip which involves or includes personal enjoyment aspects, and a personal trip with business aspects, even significant ones, tacked on.

As the Lalibert case illustrates, a personal trip may incorporate bona fide business activities, and it is appropriate in those circumstances to identify and deduct the incremental, direct costs associated with those business activities. With respect to Lalibert's trip, Justice Boyle allocated 10 percent of the cost of the space trip to business activities and the remaining 90 percent as a taxable shareholder benefit. The Federal Court of Appeal agreed with the Tax Court, confirming Lalibert's $37.6-million shareholder benefit and resulting income inclusion.

Down-to-Earth Examples

Shareholders should remain aware of the potential income tax implications if they use corporate assets for personal use or if a benefit is provided in some other way. For shareholders who are not preparing for a trip to outer space, the following is a list of the more common scenarios that may result in a shareholder receiving a taxable benefit:

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Space Travel and Taxes: A Cautionary Tale of Shareholder Benefits - Lexology

A trip to Earths nearest star is mind-boggling – The Daily Nonpareil

The next nearest star to Earth, not counting our sun, is a star named Alpha Centauri and it takes light from that star four years to get to our eyes.

We must accept the fact that until our technological expertise gets to the point we can accelerate a living being at the speed of light, travel to the distant stars remains a moot point.

For the sake of conversation say we wanted to embark on a space venture to Alpha Centauri and our spacecraft had the capability of traveling at a speed of 40,000 miles per hour. Youll have to admit that is pretty fast but even at that speed, the trip is going to take 150,000 years to cover the distance.

Some might suggest we should place a space crew in some kind of suspended animation for the trip. If we cannot do that, our only solution would be to have a least one female on the crew.

No less than 6,240 generations of offspring will be born, live and die on the spacecraft before they reach their destination. And that, again, is just to our nearest star and only one way.

At a NASA meeting several months ago, the subject of births in space came up and the question was asked: Can you get pregnant in space?

Based on a study that was made last fall, it was predicted that cosmic radiation would bombard the body at such a high rate during a long space trip or even an extended stay on Mars that sperm count would decrease and the fetuses wouldnt be able to properly develop in a space environment.

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A trip to Earths nearest star is mind-boggling - The Daily Nonpareil

Virgin Galactic to Reveal World’s First Virtual Design of Its Spaceship Cabin – Business Wire

LAS CRUCES, N.M.--(BUSINESS WIRE)--Virgin Galactic Holdings, Inc. (NYSE: SPCE) (Virgin Galactic or the Company), a vertically integrated aerospace and space travel company, will reveal the cabin interior design for SpaceShipTwo on July 28, 2020. The virtual event will be streamed live on YouTube at 1.00pm ET.

As previously mentioned, the Company will also be announcing plans to bring immersive experiences of Virgin Galactics spaceflight and cabin interior to aspiring astronauts around the world.

To set a reminder to watch the reveal of the cabin interior design live, please follow the link: YOUTUBE LIVE LINK

You can download all press materials including images and broll from the Virgin Galactic Press FTP.

About Virgin Galactic

Virgin Galactic is a vertically-integrated aerospace and space travel company, pioneering human spaceflight for private individuals and researchers, as well as a manufacturer of advanced air and space vehicles. Using its proprietary and reusable technologies and supported by a distinctive, Virgin-branded customer experience, it is developing a spaceflight system designed to offer customers a unique, multi-day, transformative experience. This culminates in a spaceflight that includes views of Earth from space and several minutes of weightlessness that will launch from Spaceport America, New Mexico. Virgin Galactic and The Spaceship Company believe that one of the most exciting and significant opportunities of our time lies in the commercial exploration of space and the development of technology that will change the way we travel across the globe in the future. Together we are opening access to space to change the world for good.

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Virgin Galactic to Reveal World's First Virtual Design of Its Spaceship Cabin - Business Wire

New novel follows ‘Jason Jupiter’ on an unexpected adventure and a dangerous joyride with a humanoid boy – GlobeNewswire

WICHITA, Kan., July 30, 2020 (GLOBE NEWSWIRE) -- Space adventure, family, friendship and faith take center stage in Albert M. Manafords new book titled Jason Jupiter: Lost and Found (published by Archway Publishing). This sci-fi novel chronicles the tale of a 10-year-old boys exciting experiences after he stumbles onto a spaceship with a 5-year-old humanoid inside.

One night, as Jason Jupiter stares into the heavens from his porch swing and dreams of space travel, an object falls out of the sky and vanishes along the horizon, seemingly in close proximity to his house. Overwhelmed with curiosity, Jason decides to investigate without telling his parents. He walks through a forest and into a clearing where, to his surprise, he finds a damaged spaceship without occupants. After he enters the ship to explore, Jason eventually encounters a small craft inside the cargo bay with a humanoid boy inside. When Jason inquires how to start the tiny spaceship, Michael happily shows him a decision that quickly sends the boys on a dangerous joyride. After they barely escape the fighter jets in pursuit, the boys zoom in the craft to Jasons house in Los Alamos, where they cloak the ship and become friends. Now, Jason must determine how to keep Michael and the spaceship a secret from his parents and an undercover government agency with a lofty goal. He is about to discover that his adventure has only just begun.

Jason Jupiter: Lost and Found is designed to intrigue the readers imagination by intermixing the attributes of religion and family relationships into a science-fiction novel. With it, they will also have the opportunity to see the world through the eyes of children a 10-year-old human boy who shares close bonds with his younger sibling and parents; and a humanoid who is filled with an immense amount of advanced scientific understanding.

When asked what he wants people to take away from his writings, Manaford states, That nothing is outside the reach of the human imagination, especially the imagination of kids.

Visit https://www.archwaypublishing.com/Bookstore/BookDetail.aspx?BookId=SKU-001237049 to get a copy.

Jason Jupiter: Lost and Found

By Albert M. Manaford

Hardcover | 6 x 9in | 572 pages | ISBN 9781480890374

Softcover | 6 x 9in | 572 pages | ISBN 9781480890398

E-Book | 572 pages | ISBN 9781480890381

Available at Amazon and Barnes & Noble

About the Author

Albert M. Manaford has always had an interest in the sciences, theologies and philosophies. He earned an engineering degree. He is passionate about encouraging younger generations to become interested in science, and helping bridge the gaps between science and theology. Manaford has written around 10 stories in the last 20 years. Five are childrens stories ranging from science fiction to mystical/fairy tales with religious undertones, which adults would also enjoy. The other five are science/science fiction oriented and are written for the young adult and adult audience.

Simon & Schuster, a company with nearly ninety years of publishing experience, has teamed up with Author Solutions, LLC, the worldwide leader in self-publishing, to create Archway Publishing. With unique resources to support books of all kind, Archway Publishing offers a specialized approach to help every author reach his or her desired audience. For more information, visit http://www.archwaypublishing.com or call 844-669-3957.

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New novel follows 'Jason Jupiter' on an unexpected adventure and a dangerous joyride with a humanoid boy - GlobeNewswire

Enjin Partners with SwissBorg, 8 Other Development Teams to Usher in the Blockchain Cross-Gaming Era – BTCMANAGER

BTCMANAGER.COM IS NOT A FINANCIAL PROJECT AND DOES NOT PROVIDE ANY INVESTMENT SERVICES OR REPRESENT ANYONE'S INTERESTS OTHER THAN ITS OWN. FOR BASIC INFORMATION ON THIS WEBSITE WE PUT OUR OWN KNOWLEDGE ABOUT ONLINE PAYMENT METHODS, PRACTICAL SKILLS AND YEARS OF EXPERIENCE. BTCMANAGER WEBSITE IS OFFERED TO WIDE RANGE OF READERS AS A DAILY DIGEST THAT FOCUSES ON ISSUES AND MODERN SOLUTIONS IN THE PRACTICAL APPLICATION THE MAIN CRYPTOCURRENCY AND ITS DERIVATIVES. AMONG OUR MAIN OBJECTIVES IS TO POPULARIZE THE USE OF CRYPTOCURRENCY, EXPLANATION WHAT CRYPTOCURRENCIES ARE AND HOW THEY PLAY THE ROLE OF PAYMENT INSTRUMENT AND MEANS FOR SAFE STORING AND EARNINGS, AS WELL AS PROVIDING THE NECESSARY KNOWLEDGE, EDUCATIONAL ARTICLES, INFORMATION ABOUT UPCOMING EVENTS AND CONFERENCES DEDICATED TO THE DEVELOPMENT OF CRYPTOCURRENCY. BTC MANAGER IS NOT RESPONSIBLE FOR ANY RESULTS OF YOUR USING THE INFORMATION FROM OUR WEBSITE

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Enjin Partners with SwissBorg, 8 Other Development Teams to Usher in the Blockchain Cross-Gaming Era - BTCMANAGER

Ongoing Trial Assesses New Anti-VEGF Gene Therapy Injection for nAMD – MD Magazine

No serious adverse events reported through 24 weeks of a 52 week trial.

A single-injection intravitreal gene therapy that can durably express an intraocular anti-VEGF agent could reduce the need for repeated anti-VEGF injections and improve outcomes for patients with neovascular age-related macular degeneration (nAMD).

A team, led by Charles C. Wykoff, MD, PhD, Director of Clinical Research, Retina Consultants of Houston, presented initial findings at theAmerican Society of Retina Specialists (ASRS) 2020 Virtual Meeting on the safety and biological activity of a novel intravitreal anti-VEGF gene therapy in neovascular age-related macular degeneration.

A single-injection intravitreal gene therapy that can durably express an intraocular anti-VEGF agent could reduce the need for repeated anti-VEGF injections and improve outcomes for patients with nAMD.

In the ongoing phase 1 OPTIC study, the investigators are assessing the safety, tolerability, and efficacy of a single intravitreal injection of ADVM-022.

Included in the multicenter, open-label, multiple cohort, dose-ranging study are patients with nAMD who have demonstrated a response to anti-VEGF therapy, who were administered an intravitreal injection of ADVM-022 t 6x10^11 vg/eye for cohort 1 (n = 6) and at 2x10^11 vg/eye for cohort 2 (n = 6).

The investigators evaluated incidence and severity of adverse events, changes in best corrected visual acuity (BCVA), change in central subfield thickness (CST), and the number of aflibercept rescue injections.

Patients in the first cohort previously received frequent anti-VEGF injections, with a mean of 6.2 injections in the preceding 8 months. This patient population also had relatively good baseline BCVA (mean 65.8 ETDRS letters) and a mean baseline CST of 369.2m.

The first 24 weeks of the trial have been positive, with no serious adverse events, dose limiting toxicities or non-ocular adverse events related to ADVM-022 reported.

While ocular inflammation was seen in all patients, it occurred most frequently in the anterior segment and was generally mild and manageable with topical steroids. BCVA was also maintained with a mean change of -2.0 ETDRS letters (90% CI, -9.1-5.1). CST improved with a mean change -52.7m (90% CI, -86.5 to -18.8).

Signs of CNV disease activity on OCT improved or stabilized in the entire patient population, with no rescue injections needed. The study will continue up to 52 total weeks.

ADVM-022 is designed to provide sustained therapeutic levels of aflibercept following a single intravitreal injection, the authors wrote. Patients in cohort 1 of OPTIC treated with a single injection of ADVM-022 were able to maintain vision and improve anatomical outcomes without receiving any rescue aflibercept injections through week 24.

In a separate study presented at ASRS 2020, researchers showed new data on the treatment burden and vision acuity on anti-VEGF injection patterns for nAMD.

In the study, the investigators reviewed the Level 1 evidence of currently approved anti-VEGF agents, as well as those likely to undergo review by regulatory authorities. The researchers analyzed the anti-VEGF agents and treatment dosing regimen for each study and collected the baseline ETDRS letters, mean number of injections over a 12-month period, and change in ETDRS letters over the course of 12 months.

They analyzed a total of 23 injection regiments from studies involving 6860 eyes, including 8 (31.6%, n = 2165) involving ranibizumab every 4 weeks or pro re nata and 6 (28.6%; n = 1962) involving aflibercept dosed every 4 or 8 weeks.

The study, Intravitreal Gene Therapy for Neovascular AMD With ADVM-022: Results of the Phase 1 OPTIC Trial, was published online by ASRS 2020.

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Ongoing Trial Assesses New Anti-VEGF Gene Therapy Injection for nAMD - MD Magazine

Increasing Government Investments and Favorable Policies to Aid the Growth of the Cancer Gene Therapy Market2020 – Owned

According to the latest report published by PMR, the Cancer Gene Therapy market is anticipated to grow at a steady pace over the forecast period (2019-2029). The report sheds light on the various trends and restraining factors that are expected to shape the growth of the Cancer Gene Therapy in the upcoming years. The report ponders over the various parameters that are expected to impact revenue generation, sales, and demand for the Cancer Gene Therapy in the various regional markets.

According to the study, the Cancer Gene Therapy market is likely to attain a market value of ~US$ XX by 2019 and grow at a CAGR of ~XX% during the assessment period. The market study introspects the competition landscape of the Cancer Gene Therapy market and highlights the key developments and technological innovations witnessed in the current Cancer Gene Therapy market landscape.

Request Sample Report @ https://www.persistencemarketresearch.co/samples/2988

Key findings of the Cancer Gene Therapy market report:

Cancer Gene Therapy Market Segmentation

The report dissects the Cancer Gene Therapy market into different segments to provide a fair understanding of the different aspects of the Cancer Gene Therapy market.

The regional analysis of the Cancer Gene Therapy market sheds light on the growth prospects of the Cancer Gene Therapy market in different regions. The current market trends, the impact of regulatory policies, market share, size, and value of each regional market are presented in the report supported by easy-to-understand graphs and tables.

Some of the major companies operating in the global cancer gene therapy market are Cell Genesys, Advantagene, GenVec, BioCancell, Celgene and Epeius Biotechnologies. Other leading players in cancer gene therapy market include Introgen Therapeutics, ZIOPHARM Oncology, MultiVir and Shenzhen SiBiono GeneTech

Key points covered in the report

Request Report Methodology @ https://www.persistencemarketresearch.co/methodology/2988

Key Questions Related to the Cancer Gene Therapy Market Addressed in the Report

Why Choose PMR?

For any queries get in touch with Industry Expert @ https://www.persistencemarketresearch.co/ask-an-expert/2988

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Increasing Government Investments and Favorable Policies to Aid the Growth of the Cancer Gene Therapy Market2020 - Owned

Consumer Demand for Eco-friendly Products Set to Boost the Prospects of the Cancer Gene Therapy Market2020 – Owned

With reliable and impactful research methodologies, PMR provides critical information pertaining to the growth of the global Cancer Gene Therapy market. Our team of analysts monitor the ongoing developments within the Cancer Gene Therapy space and provide an unbiased assessment of the global Cancer Gene Therapy market. The data included in the report are procured from reliable and trustworthy primary and secondary sources.

According to the findings of the report, the value of the global Cancer Gene Therapy market in 2018 was ~US$ XX (Mn/Bn) and expected to attain a value of ~US$ XX (Mn/Bn) by the end of 2029. In addition, the report reveals that the global Cancer Gene Therapy market is likely to grow at a CAGR of XX% during the forecast period (2019-2029).

Request Sample Report @ https://www.persistencemarketresearch.co/samples/2988

Some of the leading companies profiled in the market study include:

The Cancer Gene Therapy market report provides an extensive analysis of the different product types including:

The presented market study includes a brief introduction of the Cancer Gene Therapy market to enhance the reading experience of our users. Further, a thorough quantitative and qualitative analysis of each of these segments is provided in the report along with graphs, tables, and figures to support the data.

Some of the major companies operating in the global cancer gene therapy market are Cell Genesys, Advantagene, GenVec, BioCancell, Celgene and Epeius Biotechnologies. Other leading players in cancer gene therapy market include Introgen Therapeutics, ZIOPHARM Oncology, MultiVir and Shenzhen SiBiono GeneTech

Key points covered in the report

Request Report Methodology @ https://www.persistencemarketresearch.co/methodology/2988

Key information drawn from the Cancer Gene Therapy market study

The market report aims to address the following queries:

For any queries get in touch with Industry Expert @ https://www.persistencemarketresearch.co/ask-an-expert/2988

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Consumer Demand for Eco-friendly Products Set to Boost the Prospects of the Cancer Gene Therapy Market2020 - Owned

Cell and Gene Therapy Tools, and Reagents: Global Markets – cnweekly

NEW YORK, July 27, 2020 /PRNewswire/ -- Report Scope:The scope of this study encompasses an investigation of the markets cell and gene therapy tools such as GMP proteins, media, cell separation and activation reagents, viral and non-viral, cytokine release syndrome monitoring products, GMP antibodies, leukapheresis instrumentation, immunoassays (multiplex and singleplex) and bioreactors.The analyst examines each tool type, determines its current market status, examines its impact on future markets, and presents forecasts of growth over the next five years.

Read the full report: https://www.reportlinker.com/p05938974/?utm_source=PRN

Technological issues, including the latest trends, are discussed. The analyst examined the industry on a worldwide basis, from both application and demand perspectives, in the major regions of the world.

Report Includes:- 77 data tables- An overview of the global market for immunoassay-based cell and gene therapy tools, and reagents within the life sciences industry- Analyses of the global market trends, with data corresponding to market size for 2017-2019, and projections of compound annual growth rates (CAGRs) through 2024- Information about in vitro diagnostics (IVD), its background and importance of IVD testing- Discussion on prevalence of infectious disease, metabolic disorders and chronic ailments as drivers of immunoassay testing market- Description of recent technologies such as chemiluminescent immunoassays (CLIA), fluorescent immunoassays, multiplex assays and rapid diagnostic technologies- Evaluation of market potential for immunoassay-based cell and gene therapy tools and reagents, current market size and market forecast, and market share analysis of the leading players engaged- Patent review and new developments, R&D efforts, industrial changes with emphasis on recent investments, and current state of the immunoassay technology- Company profiles of the key market participants, including Bio-Rad Laboratories, Cytiva Life Sciences, Luminex Corp., Millipore Sigma, Thermo Fisher Scientific and STEMCELL Technologies

Reasons for Doing this Study:Gene and cell therapy are emerging as important tools to treat human health.Techniques such as CAR-T therapy have emerged as key ways of treating many different types of cancers.

The promise of gene therapy using technologies such as CRISPR is starting to be realized in clinical trials, and markets are scaling up to treat other diseases as well, particularly rare gene- based diseases.As these therapies are coming to the fore, a new market for tools to develop these therapies using standard methodologies is emerging.

This report will cover what those tools are, how they impact the larger life science tools market, and how they will evolve over the next five years.

Read the full report: https://www.reportlinker.com/p05938974/?utm_source=PRN

About ReportlinkerReportLinker is an award-winning market research solution. Reportlinker finds and organizes the latest industry data so you get all the market research you need - instantly, in one place.

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Cell and Gene Therapy Tools, and Reagents: Global Markets - cnweekly

CNN’s Brian Stelter: Claims of anti-conservative bias by tech giants are not backed up by data or science – Media Matters for America

BRIAN STELTER (CNN CHIEF MEDIA CORRESPONDENT): And the conversation about Google was really interesting. When you or I search on Google now, when we type in a question, oftentimes the result is a Google answer. Google is finding the answer or directing you to a Google site. That is a change in the Google algorithm. And sothat is an example of possible consumer harm. However, Google says that's an improvement, that's a benefit to the customer, because it's the best, fastest answer. So there you go, that's the tension, that's the story.

And then there's this parallel track, where you have some Republican lawmakers accusing these companies of anti-conservative biasand trying to get them to make certain commitments and promises. Let's just all remember the claims about bias in tech platforms are anecdotal, not backed up by data or science. These are stories, not statistics. But we're probably going to hear more of that from the Republicans in the coming minutes.

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CNN's Brian Stelter: Claims of anti-conservative bias by tech giants are not backed up by data or science - Media Matters for America

Tech Giants Anti-Trust Hearing: Apple Wanted More than Just 30% Cut from Subscriptions, Emails Showed – Brinkwire

Emails shared by the House Judiciary Committee on Wednesday (June 29) during the tech giant anti-trust hearing showed that Apple wanted a 40% cut from some third -party subscriptions accessible through its platforms.

Apple services chief Eddy Cue said in an email dated March,2011 that they should ask for 40% of the first year only but we need to work a few deals to see what is right.

Jai Chulani, another executive, also said that that the iPhone maker may be leaving money on the table if we just asked for about 30% of the first year of subscriptions.

Both executives were referring to Apples video streaming service Hulu and digital content apps like those being offered by sports leagues. It also applies to the Apple TV set-top box but not yet certain whether it is also applicable to apps running on the iPad and iPhone devices.

The tech giant enjoyed a 30% cut from app subscriptions when it launched the feature a few years back. It reduced the fee to 15% after the first year.

Since last year, Apples rules and fees on its App store have been subjected to regulators criticisms. Developers also had their fair share of complaints.

In the Anti-trust hearing, Apple CEO Tim Cook reiterated that their fees are competitive and that theyve got several competition trying to lure mobile consumers and developers.

READ ALSO: Apple Fined $27M in France For Slowing Old iPhones; Charged Deceptive!

This article is owned by Tech Times

Written by Krisana E.

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Tech Giants Anti-Trust Hearing: Apple Wanted More than Just 30% Cut from Subscriptions, Emails Showed - Brinkwire

BASF and Law Firm Agree to $72.5 Million Settlement With Mesothelioma Victims and Others – Mesothelioma.net Blog

Published on July 24, 2020

After decades of fending off mesothelioma lawsuits by denying the presence of asbestos in its talc, BASF and its long-time law firm have agreed to a $72.5 million settlement to resolve claims that theyd hidden evidence that their talc products contained the carcinogenic material. The settlement will provide compensation to thousands of people harmed by asbestos in the chemical giants product, and will also allow those who previously dropped their claims to refile them.

According to legal ethics professor Stephen Gillers of New York University Law School, mesothelioma claims against BASF have been stymied by BASFs no asbestos claims for years.The allegation is that Cahill lawyers helped BASF hide and destroy evidence of asbestos in its talc, he said.

His comments are confirmed by the plaintiffs attorneys, who said that BASF and its law firm, Cahill, Gordon & Reindel LLP, had concealed the presence of asbestos in their talc for nearly thirty years, dating back to a 1979 lawsuit that blamed the mesothelioma death of a tire worker on the companys talc. As part of the settlement in that long-ago case, testing that confirmed asbestos in BASFs talc was sealed by a confidentiality order.Ever since that time the company argued that the carcinogen was not present in its asbestos.

The resolution of the case represents years of legal wrangling between mesothelioma victims, BASF and their attorneys. In 2012 a proposed class-action suit alleging fraud on the court was dismissed but then in 2014 a federal appeals court said the defendants actions were systematic fraud designed to thwart the judicial process. The case was later dismissed on appeal but more recently a federal appeals court in Philadelphia agreed with mesothelioma victims and reopened the case.

Much of the evidence presented came during a mesothelioma lawsuit filed by the daughter of a former employee of BASF, who argued that her illness was a result of second-hand exposure to the companys talc. Her father, formerly a research scientist, gave a deposition indicating that the company had known about asbestos in its talc for years.

People who have been diagnosed with malignant mesothelioma are the victims of asbestos exposure, and in many cases the companies responsible for this exposure were well aware of the dangers that their products caused. If you or someone you love has been affected by asbestos and you need guidance, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.

Learn more about and contact Terri

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BASF and Law Firm Agree to $72.5 Million Settlement With Mesothelioma Victims and Others - Mesothelioma.net Blog

TCR Therapeutics Announces RECIST Responses with First TC-210 Dose Tested in Advanced Mesothelin-Expressing Solid Tumors | DNA RNA and Cells | News…

DetailsCategory: DNA RNA and CellsPublished on Monday, 27 July 2020 12:36Hits: 584

- TC-210 TRuC-T cell monotherapy induced tumor regression in first five patients

- Two RECIST unconfirmed partial responses and two patients with stable disease through six months

- Manageable toxicity profile, with only one patient exhibiting TC-210-related non-hematologic Grade >2 toxicity

- Translational data demonstrated T cell expansion and cytokine production

CAMBRIDGE, MA, USA I July 26, 2020 I TCR2 Therapeutics Inc. (Nasdaq: TCRR), a clinical-stage immunotherapy company with a pipeline of novel T cell therapies for patients suffering from cancer, today announced positive interim data from the first five patients treated in the Phase 1 portion of the TC-210 Phase 1/2 clinical trial for mesothelin-expressing solid tumors. All five patients showed tumor regression including two RECIST unconfirmed partial responses (one of which remains subject to independent central review) and two patients with stable disease through six months. Translational data further demonstrated TRuC-T cell expansion and activation. A manageable toxicity profile was observed with only one patient exhibiting TC-210-related non-hematologic grade >2 toxicity and no evidence of neurotoxicity or on-target, off-tumor toxicity.

We are delighted that our very first dose of TC-210 induced consistent tumor regression and clinical benefit in heavily pre-treated cancer patients, said Garry Menzel, Ph.D., President and Chief Executive Officer of TCR2Therapeutics. There are very few options for patients with solid tumors and those expressing mesothelin represent a significant frontier of unmet medical need. While these are early data requiring further study, we are encouraged by the potential of our TRuC-T cells as we continue to enroll and treat patients with the goal of quickly finding a recommended Phase 2 dose for TC-210.

Based on my prior experience working with both TCR-T and CAR-T cells, including the FDA approval of Kymriah, observing consistent clinical benefit in patients at presumably suboptimal T cell doses is quite meaningful, said Alfonso Quints-Cardama, M.D., Chief Medical Officer of TCR2Therapeutics. These early TC-210 data suggest our approach may overcome the challenges faced by many T cell therapies in the hostile solid tumor microenvironment. Our enrolled patients have failed multiple lines of therapy, including standard chemotherapy, checkpoint inhibitors and in some cases other mesothelin-directed approaches, in indications where survival has been historically shorter than six months.

The primary objectives of the Phase 1 portion of the study are to define the safety profile of TC-210 in patients whose tumors overexpress mesothelin and to determine the recommended Phase 2 dose (RP2D). Secondary objectives include overall response rate (ORR) and disease control rate (DCR). Exploratory objectives include the assessment of expansion, tumor infiltration, and persistence of TC-210 T cells.

Summary of trial conduct, baseline characteristics and TC-210 dose:

Key clinical findings from the first five patients treated with TRuC-T cells include:

About the Phase 1/2 Clinical Trial in Advanced Mesothelin-Expressing Solid Tumors

The Phase 1/2 clinical trial (NCT03907852) is evaluating the safety and efficacy of TC-210, TCR2s T-cell receptor fusion construct directed against mesothelin. The trial is enrolling patients with mesothelin expressing NSCLC, ovarian cancer, cholangiocarcinoma, and malignant pleural/peritoneal mesothelioma. The Phase 1 dose escalation portion of the clinical trial utilizes a modified 3+3 design withfour increasing TC-210 T cell doses. At each dose, TC-210 will be tested in two separate dose levels: first without lymphodepletion and then following lymphodepleting chemotherapy. The Phase 1 portion of the clinical trial is ongoing.

In the Phase 2 portion of the clinical trial, approximately 50 patients are planned to receiveTC-210at the RP2D in four distinct cohorts according to their cancer diagnosis: NSCLC, ovarian cancer, malignant pleural/peritoneal mesothelioma and cholangiocarcinoma. Each cohort will include ten patients, except the NSCLC cohort which will include 20patients with eight patients to receive TC-210as single agent and 12 patients to receive TC-210in combination with a programmed cell death 1(PD-1)blocking antibody.

About Mesothelin-Expressing Solid Tumors

Mesothelin is a cell-surface glycoprotein highly expressed in a wide range of solid tumors, including malignant pleural/peritoneal mesothelioma, ovarian cancer, cholangiocarcinoma, breast cancer, pancreatic cancer and others. Overexpression of mesothelin is associated with poorer prognosis in some cancers due to its active role in both malignant transformation and tumor aggressiveness by promoting cancer cell proliferation, invasion, and metastasis. Of the wide range of solid tumors expressing mesothelin, non-small cell lung cancer, ovarian cancer, mesothelioma and cholangiocarcinoma represent a significant patient population up to 80,000 in the United States alone.

TCR2 Therapeutics Conference Call and Webcast

TCR2 Therapeutics will host a conference call and webcast on Monday, July 27th at 8:00am E.T. The webcast and presentation will be made available on the TCR2 Therapeutics website in the Investors section under Events at http://investors.tcr2.com/events. Following the live audio webcast, a replay will be available on the Company's website for approximately 30 days.

About TCR2 Therapeutics

TCR2Therapeutics Inc.is a clinical-stage immunotherapy company developing a pipeline of novel Tcell therapies for patients suffering from solid tumors or hematological malignancies.TCR2sproprietary T cell receptor (TCR) Fusion Construct Tcells (TRuC-T cells) specifically recognize and kill cancer cells by harnessing signaling from the entire TCR, independent ofhuman leukocyte antigens (HLA). In preclinical studies, TRuC-T cells have demonstrated superior anti-tumor activity compared to chimeric antigen receptor T cells (CAR-T cells), while secreting lower levels of cytokine release. The Companys lead TRuC-T cell product candidate targeting solid tumors, TC-210, is currently being studied in a Phase 1/2 clinical trial to treat patients with mesothelin-positive non-small cell lung cancer (NSCLC), ovarian cancer, malignant pleural/peritoneal mesothelioma, and cholangiocarcinoma. The Companys lead TRuC-T cell product candidate targeting hematological malignancies, TC-110, is currently being studied in a Phase 1/2 clinical trial to treat patients with CD19-positive adult acute lymphoblastic leukemia (aALL) and with aggressive or indolent non-Hodgkin lymphoma (NHL). For more information about TCR2, please visitwww.tcr2.com.

SOURCE: TCR2 Therapeutics

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TCR Therapeutics Announces RECIST Responses with First TC-210 Dose Tested in Advanced Mesothelin-Expressing Solid Tumors | DNA RNA and Cells | News...

Case Remanded to State Court Due to Lack of Diversity or Federal Enclave Jurisdiction Over Equipment Manufacturer – Lexology

In Hatten v. Grobet United States, the U.S. District Court for the District of Arizona recently ruled on a defendants motion to remove the case to federal court. In this case, plaintiff Renee Hatton alleged that as a result of the defendants actions, her mother contracted mesothelioma from exposure to asbestos-containing products between 1977 and 1979 while working as an art teacher and jewelry-making instructor at Fort Huachuca. Defendant Grobet filed a notice of removal, asserting that the court had federal enclave jurisdiction, as well as diversity jurisdiction over the suit.

The plaintiff argued the case should be remanded because the defendants notice of removal was procedurally defective in that it failed to include proof of consent of all defendants, because one defendant was an Arizona resident defeating diversity jurisdiction, and that the court did not have federal enclave jurisdiction. Defendant Grobet argued the Arizona defendant was fraudulently joined in the case, thus justifying diversity jurisdiction. The court ultimately disagreed that the Arizona defendant was fraudulently added to the case. Therefore, the court found that Grobet failed to establish diversity jurisdiction over this case. The court also dismissed Grobets federal enclave jurisdiction argument. Specifically, the court found Grobet could not establish that the federal government possessed an exclusive interest over Fort Huachuca.

As a result of Grobets failure to establish a basis to support federal jurisdiction, and that the acts at issue in this case occurred on a federal enclave subject to exclusive federal jurisdiction, the court remanded the case for further proceedings.

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Case Remanded to State Court Due to Lack of Diversity or Federal Enclave Jurisdiction Over Equipment Manufacturer - Lexology

Gaming Industry Use of Blockchain May Lead to Mass Adoption – Cointelegraph

Blockchain technology has recently become a phenomenon in various areas of the economy, driving innovation, fostering growth and bringing added value. Among the most noteworthy of these sectors is the gaming industry. Gaming is a use case that drives true adoption of blockchain technology by taking the incentive for the user from pure speculation to transactions on a blockchain platform. This drives innovation in development as well as consumer adoption.

The first true blockchain gaming application was Cryptokitties. While the platform itself is a technology demonstrator for collectible items, it quickly rose to prominence as the application representing the majority of transactions made on the Ethereum platform. Since its inception, the number of apps leveraging blockchain technology in gaming has exploded, with categories ranging from adventure games and card games to action games, role-playing games and casinos.

Blockchain use cases in gaming are mainly constrained by the transaction capacity of blockchain platforms in case of Ethereum. Current blockchain applications in gaming, therefore, are experimental tickets, with collectible platforms and mobile games leading the pack.

Card games are among the first games to use blockchain technology in gameplay. The unique feature presented by collectible cards is that the cards themselves, as nonfungible tokens, become tradeable items. Most of the time, the NFTs are traded on OpenSea. One of the most popular collectible card games using blockchain technology is Gods Unchained.

Related: Overview and Market Trends of Crypto Games in 2020

Real-time strategy, or RTS, and massively multiplayer online, or MMO, games are ideal genres for testing blockchain technology in gaming, as the gameplay allows for the creation of multiple asset types and smart contracts governing the rules of the games themselves. While successful titles in gaming are increasingly massively multiplayer, online and feature group dynamics, the application of blockchain technology in gaming is probably going to gain significant traction in this segment.

Pixelmatic, a studio based in Shanghai and Vancouver that was founded by Samson Mow current chief strategy officer of Blockstream and former director of production at Ubisoft is working on a space-based MMO game with elements from the RTS genre and Eve Online and featuring a cryptocurrency for an in-game medium of exchange. While Eve Online features a marketplace for in-game goods, theres no news yet about the further development of crypto-assets concerning in-game items. This is still pretty encouraging, and the game is the first step toward wider acceptance of cryptocurrencies among industry players in mainstream gaming.

Related: Investing in Blockchain Gaming: Why VCs Are Betting Big

On Ethereum, games running on the blockchain risk spamming the network with transactions, increasing gas fees. Regardless, an increasing number of games are being developed to run on public blockchains themselves, creating an incentive to develop solutions to mitigate the subsequent flooding of the network. Proof-of-stake blockchains, sidechains and state channels may provide solutions to solve the issues underlying limited transaction speeds on proof-of-work blockchains currently deployed.

The leading blockchain games this year are mostly card games, according to EsportsBets, with RTS games following closely behind. Big-ticket items are still either under development or being considered by larger studios, leaving a lot of room for garage studios to use their first-mover advantage and make their name before competition enters the market.

Casinos have been among the first applications in gaming to adopt blockchain technology, with online casinos leading the pack. There are quite a number of blockchain-based online gambling sites, most of which offer superior quality and probability for the player compared with traditional, fiat-based casinos and gambling sites. Gambling is probably the most mature segment in blockchain-based gaming, and it is very likely to offer serious competition to traditional markets.

With the appearance of senior developers and mostly open tools, blockchain gaming is unlocking previously unimaginable value for creators and gamers alike. For the first time, a truly open entertainment economy can be built.

Speculation on platforms that may find blockchain applications and tokens useful in gaming is on the rise, and the platforms are often listed on top exchanges shortly after being released. With the continued development of easy-to-use user interfaces, standards for blockchain applications using relevant technologies to move transactions from PoW platforms to ones offering greater transaction speeds, and the release of items capturing the attention of audiences acceptance by the mainstream is only a matter of time.

Blockchain technology is especially suited for gaming, and gaming can directly benefit from blockchain technology, both technically as well as in unlocking value from in-game items, tournaments, character development and gamer recognition. This paves way for esports being a leader in the sports and entertainment sector, much like the internet is now. Today, traditional media is mostly run on the internet, so perhaps through blockchain technology, all sports could one day contain elements of esports.

The views, thoughts and opinions expressed here are the authors alone and do not necessarily reflect or represent the views and opinions of Cointelegraph.

Artem Kabanov is an entrepreneur with more than six years of experience. He has been a crypto investor since 2016 and is the founder of four online companies, crypto project X-token and a number of traditional businesses. Artem is a professional speaker and a member of Club-500.

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Gaming Industry Use of Blockchain May Lead to Mass Adoption - Cointelegraph

China Pushes for Blockchain Dominance But Will the World Trust It? – – VOA Khmer

Despite Washingtons pushback against China's ambition to lead the world in building emerging technologies such as 5G, Beijing next month will launch a global effort in developing blockchain, a distributed database that experts say could reshape businesses around the world.

Starting August 10, China will roll out the international version of its blockchain infrastructure, the Blockchain Service Network, or BSN. The network gives developers tools and access to blockchain technology through BSNs overseas data centers so that they can build applications for businesses and smart cities.

As the BSN takes hold in worldwide countries, it will become the only global infrastructure network that is innovated by China, whose gateway access is controlled by China, the BSN Alliance declared in a white paper last year.

Blockchain is a kind of distributed database with trustworthy record-keeping that makes possible cryptocurrencies like bitcoin as well as new types of products like digital identification. The technology has the potential to create decentralized, more transparent digital networks.

U.S. Representative Bill Foster, a congressman who holds a doctorate in physics and is a leader of a group of American lawmakers studying the technology, has called it a disruptive technology that will change the way we do business in almost every sector.

Blockchain technology can create more transparent record-keeping with open-source code to create trustworthy databases. But Chinas system is a more centralized alternative overseen by the BSN Alliance, a group of state-owned companies that designs its digital architecture and maintains control over the databases.

China hopes that this managed network, which it says offers cheaper costs and better interoperability over other competitors, will become the preferred option for businesses and governments trying to use the technology.

Backed by the Chinese government, BSN already is the worlds largest blockchain ecosystem that is expected to serve as the backbone for massive interconnectivity both in China and around the world. It already has more than 100 city-nodes, or physical devices running on the network, stationed on six continents. The network hopes to deploy up to 200 more by the end of this year.

A Chinese national priority

Just as the countrys aggressive international expansion in other major emerging technologies such as 5G and artificial intelligence, China declared blockchain a national technology priority in 2016. It was mentioned twice in the Chinese State Councils 13th five-year economic plan that was released that year.

Chinese President Xi Jinping emphasized blockchain as an important breakthrough, and promised that China would seize the opportunity during his speech in October at a so-called "collective study" session held by the Political Bureau of the Communist Party of China (CPC) Central Committee.

In Xi's words, China will take the leading position ... occupy the commanding heights of innovation, and gain new industrial advantages. The meeting had only one agenda on the table: the current status and trends of blockchain technology.

"China is the most active major national government in the world in blockchain development. China is one of the few countries that sees blockchain as a strategic emerging technology, alongside areas such as artificial intelligence and 5G wireless," Kevin Werbach, a professor at the Wharton School, University of Pennsylvania, told VOA.

China now has more than 700 blockchain projects registered since last year with the countrys Cyberspace Administration. According to a white paper on Chinas blockchain patent application released last Friday, China holds more blockchain patents than any other country in the world. Eric Jing, Chairman at China's tech giant Alibaba's Ant Financial Services, told reporters last week that users of its blockchain service are uploading 100 million digital assets a day mostly records of transactions.

A blockchain with Chinese characteristics

BSN was born last spring while the world was struggling to deal with catastrophic social, economic, and political challenges caused by the COVID-19 pandemic. As part of Beijing's grand strategy to lead the digital transformation of the world economy, the plan is to make the network so effective and low-cost that it becomes the dominant provider for blockchain cloud computing services.

"The concerns are that more developer and customer mindshare will shift to Chinese platforms and that China will push technical standards to reflect its policy positions," said Werbach, who once served as a consultant for the CIA on a blockchain training program.

Werbach said that is why its essential to the Chinese blockchain system is different from the open models that emphasize decentralization.

The geopolitical implications of the technology depend on who designs and implements the technologies, argued Werbach, who has written extensively on emerging technologies such as blockchain. "China is focused more on permissioned blockchains for enterprise applications, and on Chinese platforms that build in the capability for oversight and compliance that the Chinese government requires," said Werbach in an email to VOA.

Two days after Xis speech last year, a blockchain initiative announced by the CCP enabled party members to pledge their loyalty to Xi, by immutably recording it on the blockchain ledger.

As Chinese leaders press the countrys engineers to forge ahead on the technology, companies overseas are sounding an alarm that the United States is ceding its role as the internets leading innovator.

A recent white paper co-authored by Amazon Web Services, IBM, Deloitte, and others noted that U.S. military is falling behind China and Russia in a blockchain arms race.

"While China and Russia have invested millions of dollars worth of research and development (R&D) into the technology, the policymakers of our country are still trying to understand what the technology is," said the paper that was released last May.

A report published last year by the Wharton School of the University of Pennsylvania also warned about Chinas blockchain dominance: "By all counts, China is leading the world in the use and development of blockchain technology.

"We are way behind China when it comes to blockchain technology," Chris Larsen, executive chairman of Ripple Labs Inc, a U.S.-based leading blockchain company, told The Wall Street Journal recently.

Werbach said if U.S. policymakers and companies do not compete for blockchain business, "blockchain with Chinese characteristics will become more of the norm."

On the other hand, some analysts remain skeptical that China is leading the world on technology. Larry Wortzel, a commissioner of the U.S.-China Economic and Security Review Commission of the U.S. Congress, pointed out in an email to VOA that IBM and other American companies have the technology and use it. "I do not believe the US is losing a Blockchain race,'" said Dr. Wortzel.

In the top 50 blockchain company list compiled by Forbes last year, Amazon was ranked number one with Ant Financial of China's Alibaba second. Among the top 5 companies, two are Americans, two are Chinese ones, and one is from England.

Martin Chorzempa, a research fellow at Peterson Institute for International Economics, told VOA that most of the money China is pouring in would be wasted. "As we can see from the recent global pushback against Huawei, especially in Australia and Europe, I do not see it as plausible that the world will adopt on Chinese blockchain infrastructure."

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China Pushes for Blockchain Dominance But Will the World Trust It? - - VOA Khmer

From Boyhood to Dazed and Confused: The 10 best films of Richard Linklater – Far Out Magazine

American director Richard Linklater has established himself as one of the great contemporary directors with his distinctive narrative and cinematic styles, clearly observable in some of his fantastic films like Waking Life and Boyhood. Adopting a humanist perspective, his approach to filmmaking works in beautiful synchronicity with the themes that he chooses to explore, ranging from ordinary subjects like suburban culture to eternal mysteries like time.

Speaking about his artistic vision, Linklater once explained, Its like this big, difficult puzzle. And life just never felt that way to me. It kind of unfolds in a much more straightforward way that kind of makes sense later. Im always trying to depict how the mind works, or how time flows.

Born in Texas, Linklater stayed true to his roots and explored the spirit of the state in many of his films. His filmography is very much influenced by his early experiences. He dropped out of university to work on an offshore oil rig where he spent his time reading. He developed an interest in the world of cinema only when he returned to land. Investing his savings in a Super-8 camera and editing equipment, he moved to Austin, Texas to be a filmmaker.

On his 60th birthday, we revisit some of Richard Linklaters best films as a celebration of a life dedicated to filmmaking.

Often called the spiritual sequel to Dazed and Confused, Richard Linklaters 2016 film is set in the 1980s and follows the adventures of a successful college baseball team as they explore a special kind of adulthood, one that is free of responsibilities. The narrative structure is fluid as the film flows from one scene to the next and celebrates hedonistic freedom.

A magical coming-of-age film, Everybody Wants Some!! evokes a deep nostalgia for lost youth and gives its hilarious comedy an undertone of melancholia. Speaking about the film, Linklater said, Yeah, well its a continuation of Boyhood in a strange way but, time-wise and setting, its a sequel to Dazed. Spiritually, its as much a continuation of Boyhood its very different, though. Everybody Wants Some!! is like a different part of me; the carousing athlete that I was.

This 2011 black comedy is a rare example of an ironic work that is devoid of any semblance of cynicism. Bernie Tiede (played by Jack Black) is a local mortician of a rural town in Texas. He is a beloved resident who gets involved in a typically postmodern tale of homicide and ambiguity. The film is a philosophical investigation masquerading as a humorous character study.

Quirky and threatening at the same time, Jack Black delivers a memorable performance as a charmingly murderous mortician. Linklaters 2012 film is actually based on true events. Bernie Tiede is a real person who was released from prison. Linklater worked with him for the film, saying, My whole point in the movie was this: Can the nicest guy in the world actually be capable (of murder)?

He continued: The answer is yes. So anybody whos too sure of their own behaviour given the wrong relationship, who knows what anyones capable of?

Linklaters 2001 drama is a tense story, witty and sarcastic, that features two equally unlikeable guys, Vin (played by Ethan Hawke) and Jon (Robert Sean Leonard), in a motel room as they unravel past misdeeds. Richard Linklater manages to construct a beautifully unsettling microcosm of unparalleled claustrophobia and anxiety.

Shot on digital video in order to stay faithful to the intimacy of the script, Linklater has an unmistakable flair for mise-en-scene and editing. To add to the experience, the film unfolds in real-time, providing no relief to the viewer who cannot get out but that is how any dialectical determination should be. Like many of Linklaters other films, Tape is highly experimental and is a unique addition to his impressive filmography.

Based on celebrated sci-fi novelist Philip K. Dicks eponymous 1977 novel, Richard Linklaters 2006 effort uses rotoscoping techniques to create a truly special world that exists somewhere between euphoria and paranoia. The psychedelic visuals work perfectly to blur the distinctions between fantasy and reality, reducing everything to the status of phantoms and hallucinations.

Linklater presents a powerful examination of the meaning of identity, truth and any other epistemological prejudices one might have. The film, which explores issues like state surveillance and substance abuse, induces interminable anxiety that never overwhelms the audience but neither does it go away.

In a 2006 interview, Linklater commented, Technically, this is a science fiction movie but there is only one element in the whole movie that is science fiction and thats the scramble suitwhich is really more of a metaphor on identity.

He added, As the movie takes place in the post-9/11 world, you know, where we had John Ashcroft and guys like that kind of clamping down security, it was amazing how quick it took on that tone of government control.

More than anything, Linklaters 2003 subversive effort is worth watching for Jack Blacks memorable performance as Dewey Finn, a masterful musician with an undying passion for rock and roll music. He is also extremely unemployable due to his irreverent attitude. A wannabe Rockstar with an attitude problem? Go figure!

Due to an unexpected turn of events, he finds himself as a substitute teacher at one of New Yorks finest schools. School of Rock challenges institutional dogmatism and attacks that inherent elitism by turning future doctors and lawyers into tiny rock and roll legends.

Although it wasnt a critical success, Linklater considered it a learning experience that he had fun with, School of Rock was a movie the industry brought to me, and I saw something in it and risked that failure.

I enjoyed it and grew from the experience. If that had been my second or third film I would have been doomed. Some people have a hit and want to do something like that and its their destiny.

Slacker, Linklaters second film, is a fascinating observation of an assortment of weird characters, ranging from aspiring artists and philosophers to incompetent criminals and crazy conspiracy theorists. Richard Linklater presents us with a surreal world that is saturated with ideas but is crippled by inaction.

Linklater conducts an objective analysis of the consequences of unabashed nihilism, something that only results in disillusionment and malaise. Slacker is fiercely original and funny and the absence of a linear narrative only strengthens the concepts that Linklater appears to be exploring.

The idea of Slacker came to me at about 2 in the morning, on a long drive, Linklater explained. The narrative structure hit me in one shot why cant you tell a story moving from one character to the next? I was 23, in love with cinema, and its possibilities.

Far more experimental than A Scanner Darkly, Waking Life jumps from one meaningful question to the other without letting the gravity of its words take effect. Structured like a dream and featuring a similar rotoscoping animation, this is Linklaters misunderstood masterpiece. It starts all sorts of conversations but never really concludes any.

By the end of this psychedelic experience, we cannot help but appreciate the mesmerising environment of confusion that Linklater constructs. Deeply philosophical in nature, Waking Life will always be proof of Richard Linklaters unwavering originality.

Like everything I do, it came from real life. Believe it or not, a movie thats so unreal takes all its cues from personal experience, Linklater commented. That really happened to me, it was a really formative lucid dream, like in the movie, that series of false awakenings. It seemed to go on for weeks and weeks, and got creepy near the end.

One of the most memorable films of the 1990s, Dazed and Confused is set in 1976 and is a far superior exploration of the hedonistic irreverence of youth than his 2016 film, Everybody Wants Some!!. It is an art house film that pretends to be a drug-addled comedy in order to slip into mainstream consciousness.

Watching Dazed and Confused is a liberating experience because it does not tremble in the apprehension of the responsibilities of the future. Rather, it is a spectacular altar on which the worries of the future are sacrificed for the pleasure of the present.

Linklater elaborated on what the film was supposed to be, I thought the 1970s sucked. Dazed was supposed to be an anti-nostalgic movie. But its like trying to make an anti-war movie just by depicting it, you make it look fun.

He added, I wanted to do a realistic teen movie most of them had too much drama and plot but teenage life is more like youre looking for the party, looking for something cool, the endless pursuit of something you never find, and even if you do, you never quite appreciate it.

Boyhood is Linklaters very own epic, there is no doubt about it. The fact that it was filmed over a period of 12 years with the same cast only contributes to the monumental ethos of the mundane that Linklater captures so brilliantly. Boyhood is a literal coming-of-age film but it is so much more than that. We are presented with the human experience of growing up in an honest and engaging way.

Films often indulge in imparting platitudes and sermonize their audience with ideological affinities but Boyhood is truly unique because it makes us feel like the film itself is trying to figure things out along the way, learning and growing. Richard Linklaters 2014 masterpiece was critically acclaimed as well as a commercial success, winning multiple BAFTA Awards and Critics Choice Awards. Patricia Arquette even won an Academy Award for Best Actress in a Supporting Role.

Linklater reflected, [Boyhood] goes beyond that. With every film, youre excising a story that youve been obsessed with. This is still revealing itself to me. I dont have any answers now.

Adding: But I did have a wonderful deepening of everything about life: growing up, parenting. Every movie, youre getting a degree in whatever that subject is. This couldnt be more life-affirming. It was a great way to spend 12 years.

His most celebrated work(s), Linklaters critically acclaimed trilogy is the culmination of his career-long experiments with the concept of cinematic time. The three films, Before Sunrise (1995), Before Sunset (2004) and Before Midnight (2013), chronicle the evolution of Celine (played by Julie Delpy) and Jesses (played by Ethan Hawke) relationship.

Jesse and Celine are constructs, Linklater said while speaking about the main characters of the trilogy. Theyre not Ethan (Hawke) and Julie (Delpy), and theyre not me. Theyre these written parallel worlds, saying something about different phases of life, or the times were living in, or just what its like to be a person, how you physically change, how you mentally change, how youre still the same person but kind of not.

Extremely intimate in nature, the films put together a realistic portrayal of a relationship, from the magical first encounter to the disillusionment of middle-aged romance. Linklater masterfully uses the passage of time to shine a light on the manifestation of entropic forces which slowly dismantle grand ideas like love and replace them with the heartbreak of ordinary life.

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From Boyhood to Dazed and Confused: The 10 best films of Richard Linklater - Far Out Magazine

1920: The Year Broadway Learned To Syncopate | The Syncopated Times – The Syncopated Times

A playlist providing discographical information on all linked sample tracks is found following the article.

The arrival of George Gershwin on the Broadway scene, heralded by his hit song Swanee, marks 1920 as a critical year in the development of American musical theater and the integration of syncopation into the mainstream of American popular song.

Earlier this year, I contributed an article focusing on the recording of Crazy Blues by Mamie Smith and her Jazz Hounds, a significant event in the history of syncopated music that reached its centennial anniversary in 2020. I then hatched the idea of delving further into what the year 1920 had to tell us about the historical development of syncopation. At first glance, this inquiry seemed to reveal comparatively few landmark events from the 1920 season. Arguably, the prior year and the succeeding year contained more memorable moments for devotees of popular records and musical theater.

Looking more broadly, though, what stands out is how Americans in those years were living through a staggering amount of social and cultural change, a period of upheaval that rivals the boatload of troubles we are experiencing in 2020. The trends in music and entertainment reflected this tumult and provided a provocative soundtrack for a rapidly changing society. The music itself was also changing and evolving at great speed. (Seventy-eight revolutions per minute!)

Specifically, one can make the case that in 1920or, so as not to pinpoint, between 1919 and 1921New Yorks popular music scene and the music heard on the Broadway stage took a decisive turn toward syncopated rhythm and melody, as well as an increasing sophistication in words and music. The combination of those two elements forms the essence of what we think of today as the American popular songbook. Reflecting on the early careers of Irving Berlin, Jerome Kern, and Gershwin, three great songwriters and native New Yorkers, may serve to capture what this kind of change sounded and felt like.

The story of the syncopated musical properly begins during the ragtime era. In the summer of 1898, Clorindy, or The Origin of the Cakewalk, with music by Will Marion Cook, lyrics and libretto by Paul Laurence Dunbar, opened in the Casino Theaters roof garden to become the first African American production on New Yorks legitimate stage. Cook and Dunbar then created several more musical comedies, including the Africa-themed In Dahomey (1903) and Bandanna Land (1908). The company headed by comedians Bert Williams and George Walker performed both these works in Broadway theaters.

After this strong start, syncopations promise went largely unredeemed for some time. The star of Clorindy, Ernest Hogan, died in 1909, the same year in which the dapper George Walker was stricken with syphilis and quit performing, passing away early in 1911. A drought of black talent lasting about a decade then descended on the New York theater, lifting only in 1921 when Eubie Blake and Noble Sissles Shuffle Along was that seasons greatest triumph.

Bert Williams, undoubtedly the nations first black entertainment celebrity, was the sole African American performer who remained known to the theater-going public in the 1910s. Without Walker, however, Williams was no longer so much a ragtime song-and-dance man as a comic vocalist, a solo act who headlined the Ziegfeld Follies throughout the decade. Since the Follies consistently had the most opulent production values of any New York entertainment, though, Williams remained highly visible.

The other most prominent African American music man of the period was the bandleader James Reese Europe, founder of the Clef Club, a highly successful fraternal organization for musicians. In February 1919, Lieutenant Europe brought his Harlem Hell Fighters, the 369th InfantryBand back from overseas action in a victory parade. Three months later, Europe was shockingly murdered by a fellow musician. This tragedy undercut the Clef Clubs dominance in New Yorks syncopated music scene.

Even in the absence of African American representation in elite theatrical venues, syncopated music made major strides between 1915 and 1920. Ragtime was reaching the end of its era of greatest popularity, while younger performers such as New Yorks stride piano professors and Gus Haenschen of St. Louis were giving syncopated music a hotter kind of rhythmic drive.

These were also the years in which both jazz and blues issued forth as distinct styles and began spreading beyond black communities. For example, a group of pale-skinned musicians from New Orleans made some of 1917s biggest hit records under the name the Original Dixieland Jass Band. Jazz was evolving from a salacious slang word into a recognizable, raucous musical idiom.

Meanwhile, tunes such as W.C. Handys St. Louis Blues, Hesitation Blues, and Yellow Dog Blues were recorded by multiple, non-African American dance bands and vocalists before 1920. Jazz and blues were still in their infancy, of course, but their moment had arrived.

Apart from their inherent musical appeal and energy, what made the broader public so immediately receptive to jazz and, somewhat more gradually, to blues, was the way their frenetic beat seemed to match the new pulse of modern life. Its worth dwelling on this point. It can be difficult to hold in mind the sheer degree of social turbulence and the whirlwind of radical change with which Americans, especially those in the burgeoning big cities, were contending in the second half of the 1910s.

Among many destabilizing events during those years, one whose significance we are now in a position to appreciate was the deadly influenza pandemic of 1918-19. Also, after two decades of extremely high immigration levels, the nations ethnic composition had shifted radically. The Great Migration of some six million African Americans from the states of the former Confederacy to the northeast and midwest was in full swing.

The friction occasioned by these population shifts brought about episodes of racially motivated violence in dozens of U.S. cities, provoked by a revived Ku Klux Klan and peaking in the Red Summer of 1919. The victory of the Bolshevik reds in Russia two years earlier unnerved elites in every industrial society, raising the stakes for strikes in a period of intense labor conflict.

Modernization and technology were transforming the basic conditions of daily experience. The streets were suddenly teeming with motorcars, the skies streaked with aeroplanes. Speed was in vogue. The telephone had begun to alter longstanding norms of communication and social interaction. Electric lighting transformed the urban landscape by night, turning Manhattans theater district into the Great White Way, a playground in the new world. The rise of motion pictures, maturing from a novelty into an art form, posed a threat to the cultural primacy of live theater and vaudeville entertainment.

An even greater shift in the patterns of urban night life came in January 1920, when the Volstead Act came into effect. Prohibition had a major impact on the conditions of live music performance and attendance. More broadly, U.S. life under the Eighteenth Amendment turned masses of ordinary citizens into outlaws, sparked an explosion of organized crime, and appeared to signal that the rule of law was subject to erosion. Gangsters had corrupted the baseball World Series the prior fall.

Syncopated, African-derived hot music seemed to speak to these trends, particularly the decadence and illicit hedonism of the speakeasy. Gender relations were in flux as the triumphant womens suffrage movement indicated the growing confidence of what some were calling the new woman. Many perceived these changes as a loosening of sexual mores and a weakening of antiquated Victorian social and moral restrictions.

Probably the single greatest agent of change in this period was the Great War in Europe. Even before the United States entered the war in 1917, wartime conditions were accelerating African American migration toward jobs in the northern industrial centers. Among the many developments ushered in by World War I was the origination of modern propaganda methods in the governments campaign to secure enlistment and public support for the war. Think of the famous I Want You Uncle Sam poster from 1917, for example, part of an overt effort to manufacture popular support for the martial cause.

African Americans enlisted in their tens of thousands. Like them, many immigrants saw and took advantage of a chance to contribute to the country in its time of need and thus, hopefully, accrue a greater stake in the democratic enterprise. Many thousands of black servicemen returned home after serving in segregated units, only to find the Klan and lynchings still on the rise. For them, the reality of a stratified society put the lie to the national myth of unity amidst diversity.

That myth, however, would not be dislodged, for it served a valuable purpose in the perennial task of constructing an impression of a national spirit and a collective American identity. Music was an essential tool in this persuasive effort, and no individual devoted himself more assiduously or productively to erecting this national mythology through music than a Russian-born Jewish immigrant named Israel Beilin, who drew upstraight from the melting potthe monicker Irving Berlin.

Berlins first songs, stemming from about 1907, fell in step with the flag-waving sentiments of George M. Cohan, Broadways leading song-and-dance man of the time. They sought to advance a modern American style of popular song, overflowing with twentieth-century pep. Many of these early efforts were, in essence, musical ethnic jokes, so-called coon songs, wop songs, and yid songs, such as Yiddle on Your Fiddle, Play Some Ragtimeall in fun, as it were, and intended to spice up the gumbo simmering on the melting pot.

A more blatant attempt to appropriate the popularity of syncopation was Alexanders Ragtime Band, which invoked the name of ragtime while partaking only lightly of its musical features. Alexander was, in fact, a fine Tin Pan Alley march in the Cohan mode, interpolating the musical clichs of the bugle call and Stephen Fosters Swanee River. It became a mega-hit on stages across the country and in sheet music sales in 1911.

Largely on the strength of this tune, Berlin became closely associated with the revival and further diffusion (or, some would say, commercial dilution) of ragtime in the 1910s. He swiftly produced a sheaf of songs to take advantage of his growing reputation as the ragtime king, with titles such as Ragtime Soldier Man, The Syncopated Walk, Syncopated Cocktail, etc.

Around 1913, he boasted to an interviewer that he had established the syncopated ballad. This prescient comment implies a conscious intent to use syncopation to create a fusion of what were considered two quite distinct song forms, the ballad and the up-tempo rhythm number. Such an amalgamation is a key ingredient of the jazz-age American popular songbook.

It would be inaccurate to say Berlin wrote rags; in fact, he readily confessed that he never truly understood what ragtime precisely was. But he did master and employ several deft tricks of syncopation in his melodies, usually accentuated by the simple yet pungent syntax of his lyrics. You can hear it in the way the rush of sixteenth notes in the middle of The International Rag (1913) illustrate the point made in the lyrics: all hands are dancing to a raggedy melody full of originality.

The listener cant miss the tricky triplets in the opening bars of Everybody Step, the signature jazzy production number from Berlins 1921 Music Box Revue. The A section of Puttin on the Ritz (1930) may contain the most recognizable use of syncopation among Berlins well-known standards. Other examples are easy to find. More generally, the slangy urban lexicon in Berlins lyrics, his aggressive use of assonance, inner rhyme, and other lively verbal effects, constantly reinforce the infectious, catchy quality of the rhythmic pulse with which all his work is stamped.

Equally as important as Berlins association with ragtime was his association with the United States of America and its national culture. This was true as early as Alexanders Ragtime Band and remained so throughout his six-decade career. Jeffrey Magee argues in his superb book Irving Berlins American Musical Theater (2012) that the songwriter viewed ragtime as the musical and linguistic passport to his adopted country. Not only did syncopation comprise the irresistible formula for concocting e pluribus unum, it could even be said to have conquered the globe on behalf of this American ideal: the world goes round to the sound of The International Rag.

The Great Wars arrival gave Berlin the chance to test the mettle of his Tin Pan Alley patriotism. While his idol Cohan hit the bulls eye in April 1917 with the hit march Over There, Berlin contributed at least two popular numbers that year attempting to channel ethnic pluralism into wartime patriotism: For Your Country and My Country and Lets All Be Americans Now.

Berlin was naturalized, then (naturally) drafted in early 1918, and while in uniform managed to produce and perform in a revue that made it to Broadway, entitled Yip, Yip, Yaphank. When the Second World War came around, Berlin adapted this material into the musical This Is the Army (1942). Jerome Kern was not exaggerating when he said, around 1925, that Irving Berlin has no place in American musiche IS American music. (And this is not to speak of God Bless America, written originally for Yaphank but shelved until 1938, when its emergence proclaimed a new chapter in American myth-making.)

By 1919, ragtimes value on the cultural marketplace had diminished, increasingly supplanted by the terms jazz and blues and the new musical developments they signified. All the social tumult described above may help us comprehend just why African American music made such notable strides from 1919 to 1921, with more authentically indigenous artistic forms surpassing the popularity of the now-commercialized ragtime. Equally important, Americans of pale hue had also begun responding more deeply to syncopated African American musicresponding, that is, from the waist down.

Another crucial factor to include in examining the spread of syncopation is the revolution in dance that accompanied and helped drive it. The most well-known ragtime dance, the cakewalk, was deeply associated with minstrelsy, thoroughly pre-modern in its aesthetic, and embraced by few dancers who werent black. The color line in dance grew fainter in the 1910s, however, as the animal dance fad played out, and the turkey trot, grizzly bear, bunny hug, etc., evolved into a keeper, the fox trot.

We can understand this progression as the frantic, so-called primitive movements arising from early attempts to adapt European American dance styles to musics rooted in African American syncopated rhythm, gradually leading to a genteel, so-called civilized accommodation.

Leading the way in this genuinely heroic cross-cultural enterprise of taming the animal steps was the decades reigning dance couple, Mr. and Mrs. Vernon and Irene Castle. Along with their musical director James Reese Europe and Europes Society Orchestra, the Castles showed that heterosexual couples could dance together gracefully to the new syncopated music, in public social settings and in the theater.

The Castles played starring roles in a 1914 revue, Watch Your Step, that was Irving Berlins breakthrough in writing for the stage. In a huge, perhaps unprecedented move for a songwriter, Berlin had ascended from Tin Pan Alley to Broadway, penning his first full theatrical score in a hit show that was hyped as the first syncopated musical.

Before 1920, Berlin appears to have viewed jazz as little more than a new, faddish word he could add to his lyrical lingo, as in the Berlin song Mr. Jazz Himself (1917). For a brief period in the early 1920s, however, some critics considered Berlin to be not only a jazz composer but one of the premier ones, thanks to tunes such as Everybody Step.

By the end of the 1910s, Berlin had already accumulated as much success as any previous U.S. composer. Increasingly, he sought to shift away from writing for the popular song market and concentrate on theatrical work, which brought greater prestige. In all likelihood, he was inspired in this direction by the success his contemporary Kern was enjoying in the field of musical comedy. Born in Manhattan in 1885, Jerome David Kern got his start as a songwriter a few years earlier than Berlin; in 1904, a pair of his melodies were interpolated into the Broadway run of a British play. Soon he was contributing numerous songs to imported British musicals.

Syncopation was never a strong element in Kerns compositions. Nevertheless, he made a pivotal contribution to the eventual triumph of syncopated music in the American theater. To properly understand his importance in this history, a glance at the variety of types of musical theater on offer in these years is worthwhile.

Numerous sub-genres of staged musical entertainment existed, with somewhat fluid distinctions between them. To some extent, this range reflected gradations in social class among segments of the theatrical audiencea serious matter, especially as regards New York society.

On one end of this spectrum lay operetta, the most prevalent and well-established of the popular musical genres, yet indisputably a European import. At the other end were found variety presentations packaged in different forms, rooted culturally both in European music-hall fare and, on the U.S. side, in the minstrel tradition.

Vaudeville, and its somewhat less respectable cousin, burlesque, were popular formats for presenting a number of diverse traveling performers and acts on a single evenings bill. Revues constituted the most glamorous iteration of the variety show on Broadway stages, exemplified by the Ziegfeld Follies (which was modeled on the floor shows at the Folies Bergre in Paris). Berlins staged work of the 1910s was virtually all in the revue format.

The book musical dwelled somewhere in the middle of this taxonomy, descending from traditions such as comedy and farce. Most book musicals of the early twentieth century had very thinly plotted narratives and made little to no effort to connect musical numbers to their settings, characters, and stories in a naturalistic manner.

Kerns talents as a melodist placed him very near the most well-reputed of the operetta composers, such as Victor Herbert and Franz Lehr. The best of his compositions exude a sophistication and a type of musical grace and purity: Kerns music leaves one feeling not just good but noble, writes Wilfrid Sheed in his book The House That George Built. This exalted quality seemed to distinguish his work from the popular dross churned out in profusion by the Tin Pan Alley publishers. Indeed, Kern was hired by New Yorks most prestigious publisher of popular music, the T.B. Harms company.

A key example of Kernian sophistication is the beautiful song They Didnt Believe Me, first heard on Broadway in The Girl From Utah (1914). That tune and another placed in the same show, Youre Here and Im Here, left the young prodigy George Gershwin thunderstruck when he heard them played at a wedding in 1915. Gershwin later said this experience persuaded him that the songs of superior quality and harmonic complexity were the ones coming from musical comedies.

The body of work Kern produced in the 1910s aimed to advance the book musical genre while Americanizing itor at least Anglo-Americanizing it, for he continued working on both sides of the pond and his work retained traces of an English accent for many years. Still, more than anyone, Kern built the bridge leading from the operetta to the modern American musical, retaining a few operetta conventions but updating its plots and settings.

Kern shares the credit for elevating the book musical with his colleagues Guy Bolton and the British novelist P.G. Wodehouse. This team was responsible for seven musical productions mounted in a small Broadway house, the Princess Theatre, between 1915 and 1918. The Princess shows, such as Very Good Eddie and Oh, Boy!, were the first U.S. musicals to aim at a tight integration of dialogue, music, and lyrics, bringing them closer to non-musical comedy and drama. This model reached fruition in 1927 with Kerns Show Boat, whose landmark score, written with Oscar Hammerstein II, embraces some syncopation and blues elements, plus a nod to the Negro spiritual with Ol Man River.

One important Kern work along the road to Show Boat, the hit musical Sally, opened in late 1920. Sally resembled the Princess shows in its plot and structure but was mounted on a grander scale. Florenz Ziegfeld produced the musical as a vehicle for his Follies star Marilyn Miller, who sang the shows most memorable song, Look For the Silver Lining.

As an aside, the songwriting partners Richard Rodgers and Lorenz Hart, who contributed immensely to the elevated sophistication and syncopation of American theater music, made their professional debut in 1920 with six songs in the musical comedy Poor Little Ritz Girl. In the same year, Rodgers and Hart scored the Columbia University Varsity Show along with a third collaborator, Hammerstein, who would reunite with Rodgers in the 1940s and 50s to create a few shows you might be familiar with.

Despite the progress in musical comedy (not forgetting the aforementioned Shuffle Along, the surprise hit of the 1921 season), the revues were still setting the pace for theatrical music in the 1919-1921 period. These were the peak years for the Broadway revues, which ranged from intimate affairs to glitzy extravaganzas. The 1919 edition of the Ziegfeld Follies, with Berlin as principal composer, was widely viewed as the producers greatest achievement. In that production, Berlin introduced the song that perfectly captured Ziegfelds zeal for glorifying the American girl: A Pretty Girl Is Like a Melody.

Instead of trying to top this success working for Ziegfeld in 1920, Berlin took a different tack. With business partner Sam H. Harris, George M. Cohans former producer, Berlin bought a piece of midtown Manhattan real estate and began building the Music Box, the first New York theater expressly designed to stage the work of a single composer. By 1921, Berlin and Harris were ready to mount the first of four annual Music Box Revues, giving the tunesmith his first taste of exercising creative control over a professional production and greatly burnishing Berlins star power. The shows running theme song, Say It With Music, and the heavily syncopated Everybody Step were its most memorable compositions.

Ziegfeld acquired a rival in the high-class revue category in 1919; this was the year that former Ziegfeld dancer George White put on the first of his annual Scandals shows. White made headlines the following year by hiring a young composer to furnish the entire score for the 1920 Scandals. That composer, the 21-year-old George Gershwin, was undoubtedly a rising star. A sought-after accompanist, rehearsal pianist, piano roll recording artist (he had already made rolls of several Berlin and Kern tunes), and former office pianist at the Remick music company, he was now on the payroll of T.B. Harms.

Perhaps the one quality that most set the young Gershwin apart from Berlin and Kern was his familiarity with and appreciation for African American music and musicians. In his teenage years he lived in upper Manhattan and visited Harlem frequently. Both before and after he began making piano rolls for the Standard and Aeolian companies, he met and fraternized with several of New Yorks best piano ticklers, such as Eubie Blake, James P. Johnson, and Luckey Roberts. Furthermore, these men regarded him as a musician of their caliber in his improvisation skills as well as composition abilities. The message of syncopation flowed naturally and unmistakably from Gershwins fingers. He knew intrinsically what he and brother Ira proclaimed in the first song they ever wrote together, in 1918: the real American folk song is a rag.

Another black musician Gershwin befriended in his youth was Will Vodery, a prominent composer and conductor and chief orchestral arranger for the Ziegfeld Follies. Their relationship was close enough that when Gershwin needed work in 1917, Vodery helped him land his first position in the theatrical milieu as rehearsal pianist for an upcoming Ziegfeld revue, Miss 1917. This big-budget production featured tunes by Victor Herbert as well as the composer Gershwin idolized, Kern, and a Bolton-Wodehouse libretto.

Gershwin and Berlin met a little later, in 1919, when Berlin offered his composition That Revolutionary Rag to T.B. Harms for publication; Gershwin sat down to play the brand new tune and immediately improvised an improvement on its chord progression. Introducing himself, he offered his services for the position of Berlins musical secretary, to which Berlin, to his everlasting credit, reportedly replied, What the hell do you want to work for anybody else for? Work for yourself!

Gershwin told Vodery he wanted to work on production musicthe kind Jerome Kern was writing. The theater, he understood, not only had greater prestige than other outlets for popular music, it also had the richest artistic possibilities. He had a few songs interpolated into shows and was invited by a young producer to score what would be marketed as the New Up-to-the-Minute Musical Comedy of Class and Distinction. La La Lucille opened on Broadway in May 1919 and topped 100 performances, a modest success, though none of its songs made much of a hit.

Not to worry, for the youth born under the name Jacob Gershovitz was about to ride the wave of the biggest number-one hit hed ever write. It was a somewhat uncharacteristic effort for Gershwin, a one-step, conceived by him and lyricist Irving Caesar in an attempt to pen an American version of an exotica piece such as one of that moments passing hits, Hindustan. The result of this exercise, Swanee, found its way into one revue before it reached the ears of Al Jolson, who grabbed it for his own show Sinbad and recorded it on January 8, 1920, a few days before the Volstead Act went into effect. All of a sudden the name young Gershovitz had adopted, and his song, were in big letters on the cover of Variety. Like Irving Berlin had in Alexanders Ragtime Band, Swanee struck gold by trading cleverly on a reference to, and syncopated update of, one of the biggest pop hits of the prior century.

Gershwin, in other words, had made a forceful entrance into the world of Broadway by 1920, even before his first George Whites Scandals score reached audiences ears. He didnt produce another notable hit until his third effort for White, a big production number for the 1922 Scandals, Ill Build A Stairway to Paradise. A number of critics consider this song, progressing dramatically up the scale in the verse and landing heavily on blue notes in the chorus, one of the earliest to be imprinted with Gershwins identifiable stylistic traits.

Gershwin wrote many elegant melodies in a mode reminiscent of Kern: one clear example, I submit, would be He Loves and She Loves from 1927s Funny Face. He also did a few self-consciously ultra-syncopated pieces la Berlin, such as Fascinating Rhythm (from Lady Be Good, 1924). His own, utterly unique style, both as a pianist and a composer, expresses a majestic synthesis of Kerns gifts for melody and harmony, Berlins gifts for vitality, simplicity, and popular appeal, and the unleashed power of syncopation as found in jazz and the black music traditions.

Gershwin wrote another notable piece for the 1922 Scandals: the Blue Monday suite, his first endeavor toward writing a vaudeville opera in a Negro idiom, a full decade before he and DuBose Heyward began work on Porgy and Bess.

George White removed the 20-minute sketch, with a cast of singers backed by Paul Whitemans orchestra, from the revue right after its opening night in New York, on the grounds that its somber storyline left the audience too downcast to enjoy the other acts. Working together on Blue Monday led directly to Whiteman requesting an instrumental piece from Gershwin for his experimental February 1924 Aeolian Hall concert, the Rhapsody in Blue.

In sum, the contributions of Berlin, Kern, and Gershwin were all necessary to usher in the turn toward classic, syncopated Broadway show tunes beginning right around 1920. Berlin introduced an early, ersatz form of syncopation, one unmoored from its African American derivation. He successfully deployed this new form of musical verve in an abstractly (or mythologically) American contexta context that was more or less consciously in service to the construction of a positive or idealized self-image for the nation. In that sense, we may say Berlin Americanized, and/or co-opted or diluted or subverted or commercialized, ragtime while popularizing it.

No quotation marks are needed to say Kern Americanized the narrative-based musical, blazing a path from the musical aesthetics of operetta and the British music hall to American popular song and setting the template for artistically successful musical comedies.

Gershwin capitalized upon and extended both of these achievements. He infused the electricity of true syncopation and jazz and blues feeling into musical theater, as well as into popular song and even serious music. The era of Gershwin represents a giant step toward enshrining syncopation at the heart of authentic American music.

The files linked below are hosted at either The Library of Congress National Jukebox Project, The UC Santa Barbara Cylinder Record Archive, Wikipedia, or Jazz-on-line.com. They are in order of first mention in the article.

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1920: The Year Broadway Learned To Syncopate | The Syncopated Times - The Syncopated Times

This Is the Single Best Place To Stargaze on Earth – Popular Mechanics

More than 550 miles away from the South Pole, high atop a frozen plateau in Antarctica lies Dome A. At 13,000 feet above sea-level, the desolate shield of ice is the single best place to catch sight of the stars.

It is notoriously difficult to capture images of the stars that aren't warped by Earth's atmosphere. Astronomers have long searched for locations around the world from which to clearly view the night sky. While places like Hawaii's Mauna Kea Observatories and the telescope arrays in Chile's Atacama desert probe the skies on cloudless nights, their images are still dulled by atmospheric effects. Now scientists believe they've found the very best spot for stargazing, but it likely won't be a tourist attraction anytime soon.

"After a decade of indirect evidence and theoretical reasoning, we finally have direct observational proof of the extraordinarily good conditions at Dome A," astronomer Michael Ashley of the University of New South Wales Sydney in Australia said in a statement.

Ashley was part of an international team of researchers that constructed a small telescopecalled the KunLun Differential Image Motion Monitoratop a 26-foot tower on Dome A. To test their theory that Dome A might be the perfect spot from which to make astronomical observations, the team programmed the telescope to snap pictures once a minute between April 11 and August 4 in 2019the dead of winter in the southern hemisphere. The telescope ultimately captured 45,930 images of the cosmos.

It worked like a charm."The result is that the twinkling of the stars is greatly reduced, and the star images are much sharper and brighter," Ashley said. The team published their findings July 29 in the journal Nature. The results were so good, Science News reports, that astronomers were able to spot celestial objects approximately half the size of those seen from other Earth-bound telescopes.

The telescope atop Dome A rests just above the Planetary boundary layer in Earth's atmosphere. This layer of air, the lowest region of the troposphere, is filled with swirling pockets of warm air. Thanks to this turbulent air, light emitted from stars is distortedit's what gives stars their twinkling appearance. When escaping the effects of the boundary layer, location is key.

At a temperate site, the boundary layer is usually hundreds of metres high or higher, preventing one from reaching the free atmosphere, Zhaohui Shang of the Chinese Academy of Sciences in Beijing told New Scientist. At Dome A, however, Earth's boundary layer is only 45.6 feet high.

In addition to escaping the effects of Earth's atmosphere, Dome A is shrouded in darkness longer than other astronomical observation sites on Earth, meaning the telescope can operate for longer periods of time.

This is critical for making observations about distant stars, for example, Ashley said, "the fact that you can observe them continuously means you can find planets around them much more effectively."

ESA/Hubble & NASA, T. Armandroff

Astronomers have gone to great (and expensive) lengths to get around the issue of atmospheric turbulence. In 1923, German rocketeer Hermann Oberth first proposed sending telescopes into space to surpass the blur. Princeton astrophysicist Lyman Spitzer set the idea into motion several decades later.

NASA tested out the idea in the 1960s and sent up a series of telescopes through the Orbiting Astronomical Observatory Program. Finally, in 1990, the agency launched the famed Hubble Space Telescope. After an issue with one of the mirrors was fixed, the Earth-orbiting telescope returned stunning images with a clarity and sharpness not seen before.

While satellites like Hubble, Kepler and Spitzer send unbelievably crisp images to scientists back on Earth, they're extremely expensive, difficult to fix and take yearsand even decades, in some casesto construct. (Here's looking at you, James Webb.)

Astronomers like Ashley are making the case for the site at Dome A. "[A]nother advantage of making Earth-based observations is you can always add the latest technology to your telescope on the ground, he said. "Whereas in space, everything is delayed."

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This Is the Single Best Place To Stargaze on Earth - Popular Mechanics

Apple TV+ has Acquired the Rights to the Original Astronomy Documentary ‘Fireball’ – Patently Apple

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Apple has acquired the rights to Werner Herzogs astronomy documentary "Fireball" for its Apple Original film slate and will premiere the film on Apple TV Plus in more than 100 territories.

Herzog collaborated with British professor Clive Oppenheimer on the project. The duo teamed on the Academy Award-nominated Antarctic documentary "Encounters at the End of the World" and the Emmy-nominated "Into the Inferno."

Apple announced in their press release this afternoon that the original feature documentary "Fireball will join the Apple Original film slate and will premiere around the world, in over 100 countries, on Apple TV+.

The documentary "Fireball is a Werner Herzog Film production and hails from the Oscar nominated, nine-time Emmy-nominated, BAFTA, Emmy, Peabody, Grierson and RTS Award-winning production company Spring Films. The film is produced by Andr Singer and Lucki Stipeti, executive produced by Richard Melman, and made with the help and support of Sandbox Films."

Herzog is also a proven actor having played the villain in the movie Jack Reacher and in the recurring role of The Client in the Star Wars series The Mandalorian. Herzog was interviewed by INT in 2013 about his role in Jack Reacher as presented below.

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Apple TV+ has Acquired the Rights to the Original Astronomy Documentary 'Fireball' - Patently Apple