To honor the legend of legends, the Fitted Hawaii crew has created a special shirt based off of Duke Kahanamoku's personal clothing line.

Regarded as the man that brought surfing to the mainstream, the Duke surfed on very heavy koa wood and without skegs.  Something that many people could not even imagine doing.

To honor the legend, the Fitted crew has produced this white-based shirt with a logo based off of Hawaiian Icons in blue and red. The crown rest atop the graphic.  A crown also resides on the back in the same color scheme as the graphic.

This shirt is available now at Fitted Hawaii.

MR. & MRS. DOI
Kahala Beach, Honolulu, HI

My hard-drive went down a few weeks ago and I've been working to get everything back up and running and with the help of a friend I've been able to band-aid my computer setup to get me through the next few weeks.

Being back a few weeks we've got some catching up to do ... so let's begin.

I spent most of the night hanging out with Josh and Eric (roomies).  We ended up talking about all kinds of topics, and watching most of the debate.  During the International Policy section, I was biting my tongue on everything, and loved how McCain twisted Petreaus's agenda in Iraq to fit his mantra!  Josh is a little more conservative in outlook, and so I bit my tongue...some...and sometimes it was evident I was biting my tongue, and they were laughing at me!  The best moment of the night is when Josh asked me if I was a communist.  Which I of course said no, but then proceeded to prove Obama wrong that there had in fact been a country who had no economy and still had a strong military (he said there had never been one in history) by pointing out the Germans after WWI and the Treaty of Versaille.  Yes I actually proved Obama wrong by bringing up the Nazis...although it made him laugh, I think this scared Josh a little.

Well I am off to try to sleep, and probably will have no probelms with it!  And tomorrow, I am off to explore with Sally!

PS: I wasnt happy with either cantidate at the debate, I thought they were both idiots that never actually answered the questions.

PPS: We have hit over 1000 views on the blog....yeah!

Later!

[caption id="attachment_245" align="aligncenter" width="324" caption="Jorden was too busy to fix it I guess!"][/caption]

--Radio Interview: ActiveVideo's Jeff Miller Discusses the Deployment

ActiveVideo Networks (formerly ICTV) will announce today that it has deployed its platform with Oceanic Time Warner Cable in Hawaii. The platform, which features "intelligent video streaming" technology that allows interactive Web content to be delivered on TV via any digital set-top box, is powering a range of interactive services for the operator, including interactive TV games from TAG Networks (including Tetris, Sudoku and various branded children's games); home shopping from HSN (including the ability to use Web-based search and navigation to locate merchandise from HSN's online inventory and to then make purchases--all via the remote control); and news, sports and children's versions of P:Mosaic, a personalizable navigation system that ActiveVideo bills as allowing end-users to view, customize and navigate through their favorite channels "at a single glance." In addition, the platform is being used by Oceanic Time Warner Cable to power Web-based channels featuring content specific to the Hawaiian market.

The deployment follows a system-wide trial of ActiveVideo's technologies and services during the 2008 Beijing Olympics. The trial presented Oceanic subscribers with a mosaic application that offered multiple channels of broadcast and cable Olympics programming, as well as Olympics news, photo albums, schedules and other content acquired from Web RSS feeds.

In this recorded episode of [itvt]'s talk radio show, "The TV of Tomorrow Show with Tracy Swedlow," ActiveVideo Networks president and CEO, Jeff Miller, discusses the new Oceanic Time Warner Cable deployment and its significance. Topics covered include the various services that ActiveVideo Networks is powering for Oceanic Time Warner Cable; how end-users are responding to those services; why ActiveVideo Networks is now finally gaining traction in the cable and IPTV markets; how the company plans to develop its technologies and services going forward; how it views the US cable industry's ETV/EBIF and tru2way standardization initiatives; and more.

To listen to the show, click here.

Show Transcripts

[itvt] is now offering transcripts of our radio shows. If you would like to order a transcript of this show or of one of our previous shows (listed below), please email your request to: transcripts@itvt.com. Price: $55.00 each.

Archived Broadcasts

[itvt] is making past broadcasts of the show available on the show's homepage.

Broadcast #46 : Richard Burrell, director of media operations at QVC UK; Dan Gardner, founder and lead interaction designer at Code and Theory; Terry Green, senior designer at TVWorks and partner at twenty2product; Sam Pemberton, CEO of the Softel Group; and Paula Suthern, SVP of sales operations at Ensequence, discuss tools for developing interactive TV applications, how those tools relate to playout systems and other technologies in the ITV production chain, and how well they are meeting the needs of designers. Topics covered include intercompatibility of tools with popular design programs such as Photoshop; the challenges designers face when working with interactive TV tools; techniques for developing applications for delivery on multiple platforms; the impact of the ETV/EBIF and tru2way standards on the process of designing ITV applications; the "politics" of application playout; and much more.

Broadcast #45 : Steve Tranter, VP of broadband and interactive delivery for NDS Americas, discusses the results of a recent survey of DVR users that NDS commissioned (note: among other things, the survey showed that US DVR owners rank the DVR as the third-most indispensable household item, behind only the washing machine and the microwave). Tranter also outlines NDS's plans for its own XTV DVR platform and discusses the future of the DVR in general; assesses the impact on the DVR industry of the recent appeals court decision in favor of Cablevision's RS-DVR service; describes how NDS is responding to the US cable industry's efforts to deploy the tru2way standard; and much more.

Broadcast #44 : Jesse Alexander, co-executive producer and writer of "Heroes"; Joe Tolerico, senior producer at NBC Universal; Mark Ryan, digital media lead producer at the Disney Channel; Marcelino Ford-Livene and David Jensen, co-governors of the Academy of Television Arts & Sciences Interactive Media Peer Group; and Geoff Katz, the Interactive Media Peer Group's Awards Committee chair, discuss the winners of this year's Primetime Emmy Awards for Outstanding Creative Achievement in Interactive Media: The "Heroes" Digital Experience (NBC.com) and The Disney Channel Games Digital Media Event. Topics covered include the importance of designing interactive media elements into a show from the ground up (rather than as an afterthought); the impact of interactive media experiences on viewership; successfully enabling audiences to influence a show; future projects from the winners; and more.

Broadcast #43 : A roundtable comprised of some of the most high-profile designers and design experts in the interactive TV industry--Patrick Donoghue, SVP of strategic product development at Cablevision; John Gilles, VP of media and entertainment at Method; Terry Green, principal of twenty2product; Dale Herigstad, chief creative officer at Schematic; Stephanie Otto, CEO of Brainstorm Communications; David Preisman, VP of interactive television at Showtime Networks; and Suzanne Stefanac, director of the American Film Institute Digital Content Lab--provide our listeners with an overview of the current state of the interactive TV design space and share their insights on what makes for good ITV design. Topics discussed include the most important things to keep in mind when designing ITV interfaces; the potential impact of gestural interfaces, such as that of the Nintendo Wii, on ITV design; how TiVo's and Apple's "game-changing" interfaces have impacted the ITV design space; the areas where the most innovation is currently taking place; the challenges of designing applications for multiple platforms; and much more.

Broadcast #42 : Microsoft TV usability engineer Michael J. Darnell, who is the event chair of uxTV 2008--a not-for-profit academic conference which is devoted to designing user experiences for TV and video and which is organized and sponsored by Microsoft TV--and David Sloo, director of user experience for Microsoft Connected TV, who is part of the team producing the event, describe how uxTV 2008 came into being; provide an overview of the event's sessions and speakers; share their own thoughts on the current state and the future of usability design; and more.

Broadcast #41 : Patrick Barry, VP of connected TV at Yahoo!'s Connected Life division, discusses the Widget Channel. The latter--a joint project between Yahoo! and Intel--is an application framework which the companies claim will allow operators, content providers, advertisers and others to develop Internet-based mini-applications, dubbed "TV Widgets," for broadband-connected TV's and other consumer electronics devices, using Web standards and tools such as JavaScript, XML, HTML and Adobe Flash. The companies--which say that the TV Widgets will, among other things, enable consumers to access Internet videos, track stocks or sports teams, interact with their friends, read news reports, find out additional information about the programs they are watching, and share content with friends and family--have unveiled a line-up of partners that are developing TV Widgets, including Blockbuster, CBS Interactive, CinemaNow, Cinequest, Comcast, Disney-ABC Television Group, eBay, GE, Group M, Joost, MTV, Samsung Electronics, Schematic, Showtime, Toshiba and Twitter.

Broadcast #40 : Dalen Harrison, CEO of Ensequence; Peter Low, president and COO of Ensequence; Bill Niemeyer, chief of analysis and research at BlackArrow; Gowri Shankar, SVP of sales and business development at SinglePoint; and Rachelle Zoffer, director of interactive TV at Verizon, discuss ongoing interactive coverage of the Beijing Olympics. Topics covered include an ETV/EBIF application which Ensequence and Verizon have developed and deployed to all subscribers of Verizon's FiOS TV service in Oregon, and which marks the first mass, commercial deployment of an ETV/EBIF app; multiscreen Olympics applications that Ensequence has developed for DISH Network; a portfolio of interactive mobile services that SinglePoint has developed for NBC; how NBC is using advertising to promote interactive services around the Olympics; and more.

Broadcast #39 : Integra5 CEO, Meredith Flynn-Ripley, discusses her company's new deployment of its flagship i5 Converged Services Platform with Canadian tier-one cable operator, Videotron, which is initially using it to power an interactive TV caller ID service for its entire subscriber base. She also discusses Integra5's new suite of social media applications, dubbed MediaFriends, which enables real-time communications and community features across TV's, PC's and mobiles. The first application in the suite, MediaFriends Chat, allows viewers to invite members of an online buddy list that they have previously set up on their PC to join a group chat on TV, and participate in the live discussion by sending SMS messages from their mobiles.

Broadcast #38 : Fred Singer, CEO of Anystream, and Russell Zack, the company's VP of product management, discuss its new partnership with NBC that sees it powering the delivery of the broadcaster's on-demand coverage of the Beijing Olympics to VOD, Web, electronic sell-through and mobile platforms. Topics covered include the capabilities of Anystream's Media Lifecycle platform; how the company is using Microsoft Silverlight to enhance the on-demand content it is delivering; the significance of the NBC Olympics project; other projects the company is involved in (including the BBC iPlayer); and more.

Broadcast #37 : Patrick Koppula, founder and CEO of ffwd--a company that recently beta-launched a service that uses social networking to facilitate Internet programming discovery and to enhance the online viewing experience--discusses the service (which is scheduled to launch commercially in September), the thinking behind it, and ffwd's plans for enhancing it in the future; recounts the events that led to his founding ffwd (he previously founded iLike.com and GarageBand.com); shares his opinions on the current state of the broadband TV industry; and more.

Broadcast #36 : In an [itvt] exclusive, members of the Academy of Television Arts & Sciences Interactive Media Peer Group Primetime Emmy Awards Committee--Sanjit Das (ABC), Geoff Katz (Code and Theory), Marcelino Ford-Livene (Intel), Suzanne Stefanac (American Film Institute), and Marcia Zellers (Vendaloo)--announce the finalists for the 2008 Primetime Emmy Awards for Outstanding Creative Achievement in Interactive Media; discuss why this group of finalists was chosen; describe the judging process; explain why the Awards are focusing increasingly on interactive storytelling; outline significant trends they noticed among this year's entries; and much more.

Broadcast #35 : Tom Morgan, chief strategy officer of Move Networks (clients include ABC, Discovery and Fox), provides an overview of that company's technology and strategy; discusses its interest in working with CableLabs' ETV and OCAP standards; details the interactive advertising formats it is now offering; and more.

Broadcast #34 : Bill Niemeyer, chief of analysis and research at BlackArrow, and Tracy Swedlow discuss their picks for the most important interactive TV stories of June. Topics discussed include the significance of the tru2way MOU that was recently signed by a number of prominent cable MSO's and CE companies; UK broadcaster ITV's attempts to prevent the use of the acronyms "ITV" and "iTV" in reference to interactive television; the appointment of David Verklin to head up Canoe Ventures, the US cable industry's initiative for interactive, addressable advertising; Microsoft's acquisition of Navic Networks; and more.

Broadcast #33 : Alex Magoun, director of the David Sarnoff Library, discusses David Sarnoff's legacy; outlines parallels between the early development of television and the development of interactive TV today; describes the David Sarnoff Library's work; discusses Sarnoff's and Philo Farnsworth's respective roles in the invention of television; and more.

Broadcast #32 : Sangita Verma, co-founder and CEO of TAG Networks--a company that has developed a games-on-demand service, called TAG, that integrates with existing VOD infrastructures and supports community features and multi-device interaction--discusses the company's trial deployment of the service with Time Warner Cable in Dothan, Alabama (note: according to TAG Networks, during the first four months of the trial, which began last December, TAG achieved a 40% penetration rate among digital households, and the average playing time across digital households increased 238%); shares usage trends and demographic data from the trial; describes the company's technology and marketing strategies; explains its relationship with ActiveVideo Networks (formerly ICTV); outlines its future plans; and much more.

Broadcast #31 : Steven Roberts, SVP of new media and business development at DirecTV, and Tyler Slocum, the company's senior director of ITV and DVR services, provide an update on DirecTV's interactive TV offerings. Topics discussed include usage statistics for DirecTV's various ITV services, the company's ITV strategy, its future ITV and DVR plans, and more.

Broadcast #30 : Michael Finn, VP of advertising sales at DISH Network, and Scott Higgins, the company's director of interactive programming, discuss DISH's new interactive TV advertising deal with NBC Universal, and the company's plans to make increasing use of the DVR hard drive for its interactive TV offerings.

Broadcast #29 : Jim Louderback, CEO of Revision3, provides an overview of his company--which bills itself as "an actual TV network for the Web," and which produces its own original, broadcast-quality programming. Topics discussed include funding, download numbers, revenues, demographics, distribution strategy, content strategy, advertising partnerships, new shows, and more.

Broadcast #28 : A panel of interactive TV experts--Steve Borelli, VP of marketing and business development at Integra5; industry analyst, Leslie Ellis (author of the popular Multichannel News column, "Translation Please"); Will Kreth, director of product management for interactive TV at Time Warner Cable; Alex Libkind, founder and COO of Zodiac Interactive; Mike Malcy, VP of marketing and business development at Vidiom Systems; and Gary Sohmers, chairman and president of Interactive Meet and Greet Entertainment (IMAGE)--review the 2008 NCTA Cable Show. Topics discussed include the very well-attended tru2way Developers Conference that immediately preceded the show; what the cable operators were saying about their plans to support the ETV and tru2way standards; noteworthy interactive TV applications on the show floor; the emerging popularity of social-networking ITV applications; what should have been discussed and showcased at the show, but wasn't; and much, much more.

Broadcast #27 : Richard Baker, EVP of sales and marketing at UK- based interactive TV software provider, ANT (note: Baker, who joined the company earlier this year, was previously general manager of technology products and services for the EMEA region at RealNetworks), discusses the company's new multiplatform application development strategy, its new Twitter ITV application, its new proof-of-concept EPG application which displays up to 45 channels on a single screen, the importance of developing hybrid solutions (e.g. DTT and IPTV), and much more.

Broadcast #26: Silicon Valley pundit and author, Andrew Keen ("The Cult of the Amateur"), discusses his skeptical take on user-generated content and other participatory media, why he is not a fan of the Creative Commons movement, his views on the economics of broadband video, and more.

Broadcast #25: A panel of interactive TV experts--Patrick Donoghue , VP of interactive TV product management at Time Warner Cable ; industry analyst, Leslie Ellis (author of the column, "Translation Please "); Bill Niemeyer , chief of analysis and research at BlackArrow ; David Preisman, VP of interactive television at Showtime Networks; and Lori Schwartz , SVP and director of the Interpublic Emerging Media Lab --and special guests, Steven Roberts , SVP of new media and business development at DirecTV, and Amy Jacobson Kurokawa , chair of the San Francisco Chapter of the Producers Guild of America (PGA), discuss their picks for the most important ITV stories of April and provide a snapshot of the current state of the industry. Topics discussed include NBC Universal's Digital Studio initiative and whether it can serve as a model for a new relationship between the advertising industry and the cable and satellite industries; the latest developments in tru2way/OCAP; and the upcoming NCTA Cable Show.

Broadcast #24: Mark Goldenson --founder and CEO of PlayCafe.com , a company which streams live, free-to-play game shows that allow viewers to play along, chat with hosts and other players, form teams, contribute questions, and win prizes (note: Ken Jennings, the holder of the record for the longest winning streak on the US game show, "Jeopardy!," recently appeared on PlayCafe.com as a special guest)--discusses the company's offering, its business model, the impact on the industry of the UK participation TV scandal, and new features the company plans to offer, including making it possible for end-users to produce their own shows.

Broadcast #23: Tim Wahlers, founder and CEO of Vidiom Systems, the company's VP marketing, Mike Malcy, its VP of engineering services, Walden Miller, and its VP of strategic initiatives, David Housman, discuss their work with the cable industry on tru2way/OCAP, describe some of the interactive TV projects they are currently engaged in, provide an overview of Vidiom's OCAP testing services, and offer a preview of the upcoming second annual tru2way Developers Conference. (Note: the conference--which is produced by the NCTA and CableLabs, and sponsored by Vidiom--will be held in New Orleans on Saturday, May 17th and Sunday, May 18th, just prior to the NCTA Cable Show. Areas of discussion will include programming, platforms, consumer electronics, application development, and retail opportunities, and the event will also feature hands-on workshops.)

Broadcast #22: James Joyce, EVP of business development at Netherlands-based international TV formats developer, 2waytraffic (note: the company is in the process of being acquired by Sony), discusses the company's participation TV formats, the challenges involved in bringing its participation TV offerings to the US market, the impact of the recent participation TV scandal in the UK, and more.

Broadcast #21: Marcelino Ford-Livene and David Jensen, co-governors of the Academy of Television Arts & Sciences Interactive Media Peer Group (IMPG), and Geoff Katz, chairman of the IMPG's Primetime Emmy Awards Working Group, discuss the Academy's newly issued call for entries for the 2007-2008 Primetime Emmy Awards for Outstanding Creative Achievement in Interactive Media (note: the Awards will recognize excellence in two areas of competition this year: Fiction and Non-Fiction).

Broadcast #20: Magnus Eriksson, chief development manager, and Christian Bjorkman, director of special projects at Mindark, the company behind the virtual world, Entropia Universe, discuss the interactive enhancements the company created for the Swedish television drama, "The Truth about Marika." Viewers of the show--which was recently awarded the Emmy for Best Interactive TV Service by the International Academy of Television Arts & Sciences--could participate by searching for clues within Entropia Universe that allowed them to solve a show-related mystery. In addition, they could interact within the virtual world with avatars of the show's main characters. Eriksson and Bjorkman also provide an in-depth overview of Entropia Universe: among other things, the virtual world has a "real cash economy," whose currency is pegged to the US dollar (at a rate of 10-1), and which allows participants to earn money.

Broadcast #19: Cathy Hetzel, president of the Advanced Media Information division at business-intelligence company, Rentrak, and her colleague, Dustin Encelewski, the company's director of technological business development, discuss recent developments with its OnDemand Essentials offering--a Web-based ASP service which measures and reports anonymous, aggregate VOD usage data, such as viewership volumes and trends, and which is intended to provide cable operators, content providers and advertisers with customizable reports designed to help them better understand viewers' VOD content preferences. They also discuss Rentrak's relationship with the cable industry, cast light on the company's future plans for its Essentials product line, discuss its competitors, and provide some interesting statistics about VOD usage that the company has gleaned over the past few months.

Broadcast #18: Gary Sohmers, president and chairman of Interactive Meet and Greet Entertainment (IMAGE), discusses his company's flagship Video Queue technology, which allows TV viewers to have face-to-face encounters with celebrities. (Note: Sohmers will probably be familiar to [itvt] readers who are also PBS viewers: he is a regular guest on the popular program, "Antiques Roadshow," where he appraises toys, collectibles and memorabilia.)

Broadcast #17: AirPlay chairman and CEO, Morgan Guenther, talks about his company's new deal with Sony Pictures Television to provide multiplayer play-along mobile gaming for the popular game show, "Jeopardy!"; about some of the other new projects the company will be undertaking this year; about its business model and its plans to scale its business; about his experiences at TiVo (where he served as president from 2001-2003); and more.

Broadcast #16: Phil Bender, CableLabs' project director for OpenCable, and Roger Brinkley, community leader for the Mobile & Embedded Community at Sun Microsystems, provide an in-depth update on the latest developments in OpenCable/OCAP/tru2way; discuss the "OpenCable Project" that recently launched on Java.net; provide a preview of CableLabs' CableNET showcase at the upcoming NCTA Cable Show; and more.

Broadcast #15: Ashwin Navin, co-founder and president of peer-to-peer technology provider, BitTorrent, discusses that company's recently announced agreement with Comcast, which calls for them to work together to address infrastructural issues raised by the growing popularity of video and other rich media on the Internet. In addition, a panel of high-profile interactive TV experts--Paula Byrne, founder and managing director of Pushbutton; Bill Niemeyer, chief of analysis and research at BlackArrow; and David Preisman, VP of interactive television at Showtime Networks--discuss their picks for the most important ITV stories of March. Topics discussed include Navic's announcement that its Admira media placement platform now supports interactivity; UK broadcaster Five's abandonment of red-button services; Showtime Networks' launch of a range of multiplatform interactive services to support its high-profile new series, "The Tudors"; the Academy of Television Arts & Sciences' call for entries for its interactive Emmy awards; and much more.

Broadcast #14: Will Kreth, director of product management for interactive TV at Time Warner Cable , provides [itvt] readers/listeners with an exclusive on OEDN.net, a newly launched OCAP/EBIF developer network. He discusses, among other things, the group's resources and goals, its efforts to reach out to the Hollywood and academic communities, the current state of OCAP and EBIF development and deployment, the relationship between OCAP and Blu-ray, and much more. In addition, a panel of high-profile interactive TV experts--Patrick Donoghue, VP of ITV product management at Time Warner Cable; Bill Niemeyer, chief of analysis and research at BlackArrow; and David Preisman, VP of interactive television at Showtime Networks -- discuss their picks for the most important ITV stories of February. Topics discussed include new VOD technologies from SeaChange International that allow advertising to be inserted into interior program breaks and streamed video games; the emerging market for VOD games services; ESPN360's launch of HD broadband video, powered by Move Networks' technology; Ensequence's new Blu-ray Disc partnership with Sony; and much more.

Broadcast #13: A panel of interactive TV experts--Patrick Donoghue, VP of ITV product management at Time Warner Cable; Bill Niemeyer, chief of analysis and research at BlackArrow; and David Preisman, VP of interactive television at Showtime Networks--discuss their picks for the most important ITV stories of January. Topics discussed include CES; next-generation remote control and touchscreen technologies; the emergence of cable MSO's as broadband TV content aggregators; new technologies that bypass the traditional set-top box; CableLabs' rebranding of OCAP as "tru2way"; the future of EBIF; new data on ITV from Ensequence, Backchannelmedia and Gemstar-TV Guide; and the persistence of two-screen ITV.

Broadcast #12: Andrew Solmssen, EVP of multiplatform interactive design agency, Schematic, discusses the impact of the company's recent acquisition by advertising and marketing giant, WPP; its work on the ABC.com Full Episode Player, Starz' Vongo service, and other interactive and broadband TV projects; its work on video walls, touchscreens, "Wiimotes" (Wii remotes) and other new interactive platforms; using design to boost the efficacy of broadband video advertising and of content navigation systems; and much more.

Broadcast #11: Steve Shannon, EVP and general manager of product management at EPG developer, Gemstar-TV Guide, discusses, among other things, the company's EPG products and its product roadmap; new features that will be offered by its EPG's over the coming year; My TV Guide, its new suite of cross-platform (TV, Internet and mobile) guidance solutions; its work on social TV and programming recommendation solutions; its work--via GuideWorks, its joint-venture with Comcast--on a new, graphically rich OCAP-based EPG; the future of EPG advertising; and much more.

Broadcast #10: Kristen Fergason is VP of marketing at Maven Networks, a company that offers a software platform which allows content providers and brand marketers to create interactive broadband VOD channels (its customers include 20th Century Fox, Gemstar-TV Guide, Univision, Virgin Records, General Motors, PepsiCo, Gannett, Scripps Networks, and A&E Television Networks). The company recently launched an advertising platform which it bills as introducing a series of new, non-proprietary formats that are significantly more engaging than pre-roll ads (the currently dominant form of broadband video advertising), make for a better user experience, and deliver higher-value ad units for advertisers. In the interview, Fergason describes the new platform and the kinds of interactive advertising it enables; outlines Maven's product-development plans; and discusses the Internet TV Advertising Forum, an industry group that Maven and a number of other companies recently established in order to "solve the challenges and deficiencies associated with current online video advertising models" and to develop new standards and formats for interactive broadband video advertising.

Broadcast #9: Hans Fischmann is general manager of advanced media at Charter Media, the advertising arm of cable MSO, Charter Communications. Since he joined Charter Media in January, 2007, he and his team have launched over 600 interactive TV and VOD advertising campaigns. He describes the kinds of interactive TV advertising offered by Charter Media; provides statistics on the efficacy of the company's ITV ads; describes its efforts to market its ITV advertising capabilities; provides some thoughts on the cable industry ITV advertising initiative, "Project Canoe"; discusses "Did You See It?," a new channel Charter is launching that will be devoted to interactive TV advertising; and much more.

Broadcast #8: Peter Price, president and CEO of the New York-based National Academy of Television Arts & Sciences, one of two organizations that are responsible for television's annual Emmy awards (the other is the Los Angeles-based Academy of Television Arts & Sciences), discusses, among other things, the relationship between the two Academies, and their ongoing legal dispute over the National Academy's awards for Advanced Media (which were presented Monday at CES 2008).

Broadcast #7: Upstate New York resident, James Cawley, whose background includes, among other things, a stint as an Elvis-impersonator, is the executive producer of Star Trek New Voyages (startreknewvoyages.com), a production company that produces original episodes of "Star Trek," based on the characters from that show's first season (Kirk, Spock, McCoy, Scotty, Sulu, Uhura, etc.). Downloads of these hour-long, fan-generated broadband TV episodes have been in the multiple millions, and their audience base appears to be growing rapidly. Cawley shares his thoughts on producing original, fan-generated "Star Trek" programming for the Internet; describes the events that led to the formation of Star Trek New Voyages; discusses the company's relationship with CBS (the owner of the "Star Trek" franchise); provides a preview of new episodes and new characters that the company has in the pipeline (including "Star Trek's" first gay character); discusses the possibility of making the show interactive or building a social network around it; and much more.

Broadcast #6: Three high-profile figures from the interactive TV space--Patrick Donoghue, VP of ITV product management at Time Warner Cable; Bill Niemeyer, chief of analysis and research at BlackArrow; and David Preisman, VP of interactive television at Showtime Networks--provide a retrospective of the year in interactive TV, present their picks for the year's most important ITV stories, and predict the important ITV trends for 2008. Topics discussed include the rise of user-generated content; the demise of TMG; the significance of the top-secret interactive TV advertising initiative, "Canoe"; the emergence of big-budget broadband TV programming; EchoStar's purchase of Sling Media; DirecTV's purchase of ReplayTV; and much more.

Broadcast #5: Three senior executives from mobile interactive TV specialist, SinglePoint--president and CEO, Rich Begert; VP of industry relations, Doug Busk; and director of marketing, Philippe Poutonnet--discuss, among other things, the company's recent deal with NBC Universal. The deal will see SinglePoint providing mobile interactive/participation TV services for a range of NBC Universal's programming and channels, including NBC, CNBC, MSNBC, Bravo, Telemundo, USA Network, NBC Sports, and NBC News.

Broadcast #4: Steve Rosenbaum is founder and CEO of Magnify.net, a company that provides a new Web 2.0 service which allows end-users to create video galleries/channels complete with social networks. He discusses Magnify.net's service and the business model behind it; provides examples of how it is being used; outlines the company's current strategy and future plans; and more.

Broadcast #3: Brian Seth Hurst, a well-known figure in interactive TV circles, was recently elected as vice chairman of the Academy of Television Arts & Sciences, the organization behind the Primetime Emmys. His election marks the first time ever that a new media specialist has served in such a senior role at the Academy. Hurst discusses what his election says about the evolution of the Academy and of the television establishment in general; the significance of the ongoing writers' strike for the interactive and broadband TV industries; and much more.

Broadcast #2: Jodie McAfee, who was formerly SVP of corporate development and marketing at The Media Group (TMG), a high-profile interactive TV advertising and programming company that filed for Chapter 11 bankruptcy earlier this year, discusses that company's demise; his new company, BoomerangiTV; the cable industry interactive TV advertising initiative known as "Project Canoe"; the current state of the ITV advertising industry in general; and more.

Broadcast #1: Louis Slothouber and Dan Levinson of BIAP discuss their company's technologies; the challenges involved in deploying the company's interactive TV applications (which include eBay on TV, Yellow Pages on TV, and Fantasy Football and Baseball Trackers); the company's patent portfolio; the current state of the cable industry; ITV standards; artificial intelligence; emerging market opportunities; and more.

For some moving away from Hawaii means abandoning family, friends and a warm way of life unique to the islands. Many are lured away by the prospect of better economic opportunity elsewhere. For others who've lost jobs or face financial ruin due to the fickle nature of island economies, leaving means admitting defeat.

A dear friend, who's lived in Hawaii for more than five years and owns a furniture business, just told me that his business is on the brink of bankruptcy due to the rapidly collapsing housing and credit markets. He is moving to Texas where he hopes times are better, and he can make a fresh start. It's never easy to see loved ones move away, and I am going to miss him terribly.

The state has seen positive growth in its population over the past five years, even making the AARP's Top 100 Places to Retire list. Now I am wondering how many people like my friend are leaving Hawaii and what this means to the local economy that relies heavily on lifestyle dollars.

Do you know of anyone moving away from Hawaii in 2008 or 2009? If so, please share their story by replying to this post.

The valley floor at sea level is almost 2000 feet below the surrounding terrain. A steep road (25% average grade) leads down into the valley from a lookout point located on the top of the southern wall of the valley. The shore line in the valley is a black sand beach, popular with surfers. A few taro farms are located in the valley. Several large waterfalls fall into the valley to feed the river which flows from the foot of the largest falls at the back of the valley out to the ocean. The trip up and down will be well worth it. More photos are soon to follow.

Aloha.

For your next day of driving, let’s go south on Highway 11 headed for the Puna District. Leave early and expect to get back just after dark because this area is furthest from Kona and contains some of the most beautiful, yet hidden, wonders on the Big Island. It is from Puna that, currently, the only up-close viewing of flowing lava is possible. You may want to pack a cooler for this day trip.

As you’re passing through Kainaliu, just south of Kona, a quick stop at Kona Joe’s Coffee Plantation, for some great Kona Coffee, will jump start your day. See their ad in the sponsors section in your Tour Guide. If you are driving straight to Puna, plan on about 3½ hrs drive time to get to the first sights in this discussion. If you have missed any sights that you wanted to see on the southern route, refer to Frank’s Travel Hints #1 and #2 and catch them on the way...just don't forget to allow for extra time.

Along the way you will pass Hawaii Volcanoes National Park. This is a fascinating place and not to be missed, but we will reserve it for a full day later.

The first turn is about 20 minutes past the park entrance at the town of Kea’au. Look for the stop light on the highway and the Highway 130 sign. The Kea’au Shopping Center has some great places to eat, like Paradise Bar and Grill, and is a good restroom break.

The first stop, in the Puna district, is the town of Pahoa. You will think you have just stepped back into the Wild West as Pahoa has a unique atmosphere like nowhere else on the island. Cute shops, and a great farmer’s market on Sundays, lends to picture taking and shopping. Tour Guide will suggest that parking is easiest at the Community Pool just a block from downtown, and there are public restrooms here.

Continue driving further into Puna on Highway 132 through the lovely tree tunnels to a magical stop at Lava Trees State Park. This gorgeous rainforest park is filled with birds and tropical plants and flowers. What makes this park so intriguing is the lava trees. Tour Guide will tell you how old lava flows surrounded the trees, leaving spires of hardened lava, giving it an eerie look. There are trails for hiking and bird watching is spectacular. This is also a good place for a restroom break as it will be a good while before the next restrooms are available. Highway 132 leads you to Highway 137, the Kapoho-Kalapana Road--the only road in America that is named for two towns buried by a volcano.

Turning toward Kapoho on Highway 137, the next stop is the Kapoho Tide Pools where you can experience great shoreline shell collecting and fantastic snorkeling amongst vibrant corals and tropical fish in protected tidepools. Though hard to find on your own, Tour Guide again knows the way to this secluded sanctuary and ancient village. Port-a-potties and showers are the only facilities here.

Just a few miles down Highway 137 is Ahalanui Hot Pond. This tropical park is centered around a hot spring that mixes with ocean water to create one of the most relaxing and soul recharging oases anywhere. Tour Guide gives you the history of what this area meant to the ancient Hawaiians. Picnicking, hiking, swimming and “expert only” surfing are some of the things to do here. There are restrooms, showers and water available also.

As you continue along the coast road, you will next encounter McKenzie State Park. Here the Ironwood trees create an unusual ambience of a pine tree forest. The sheer cliffs and majesty of the ocean beg for photographing. Swimming would be near impossible here, but the hiking is spectacular. Tour Guide will give more information about this other- worldly park. A permit is required for camping and the facilities are a bit run down.

Not far away is Kahena Beach. This beautiful black sand beach involves a bit of a scamper to get down the cliff, but is well worth the effort. Tour Guide will give you the easiest path to take. You may notice that this beach is “clothing optional”, thus it’s popularity. Swimming here is good, but currents can be strong if you get too far from shore.

Highway 137 used to become the Chain of Craters Road in Hawaii Volcanoes National Park, but it has been cut by several miles of intervening lava flows. Today, it ultimately ends at Highway 130, the road back to Kea'au and the Hawaii Belt Highway. At the intersections of Highways 137 and 130 are the remnants of the town of Kalapana, buried in the 1960 eruption of Kilauea. Tour Guide will tell you all about the eruption, the heroic recovery efforts, and lead you on a brief hike to Kaimu Black Sand Beach, the newest beach on the Island of Hawaii. From the end of the road you can frequently see the both the eruption cloud over Pu'u O'o Vent and the steam plume where lava is entering the ocean, both several miles distant. At night, the glow from streams of lava pouring down the pali can sometimes be seen from here. Although hiking to the lava can be an experience to cherish, it is dangerous and hard work. The best, and most consistent, viewing is by taking an air tour, such as Big Island Air or Paradise Helicopter Tours.

Heading back from Kalapana, you will want to take Highway 130 toward Pahoa and Kea'au, you pass the famous "Painted Church". Tour Guide can tell you the history of this fascinating place. Just a little farther north is the intersection of Highway 130 with the road to Royal Gardens Estates, which currently leads to the Hawaii County-maintained lava viewing area. Call the Lava Hotline at 808.961.8093 for current eruption updates, lava viewing information and times of road openings and closures. As you continue towards Kea'au you will pass the Steam Rooms--a field of steam vents in small craters where locals go to take steam baths. Tour Guide has information on finding these craters and how to safely enjoy the wonders of natural, volcanic steam baths.

Upon returning to the Hawaii Belt Highway at Kea'au, one can proceed in either direction back to Kona, north through Hilo, a bit shorter and faster, or west through Hawaii Volcanoes National Park which, though longer, is much more scenic. If time permits, you may want to stop in Volcano Village, just off the highway, for some food, gasoline, shopping or maybe even some wine tasting. This may be the last gasoline available until you get back to Kona as it is many times hard to find an open gas station in the rural part of Hawaii Island after dark. Find your hotel in your Tour Guide and get turn-by-turn directions right to the door.

For more information on visiting Hawaii in general and touring the Big Island in particular, go here.

]]> http://captaindemocracy.wordpress.com/?p=1179 Tue, 07 Oct 2008 18:39:50 +0000 captain democracy http://captaindemocracy.wordpress.com/2008/10/07/breaking-world-financial-news-special-report-adolf-hitlers-mein-kampf-volume-3-never-seen-before-serves-as-the-blueprint-for-us-treasurys-wall-street-bail-out-only-the-god-fe/ ]]> http://citizenwells.wordpress.com/?p=951 Tue, 07 Oct 2008 17:45:35 +0000 citizenwells http://citizenwells.wordpress.com/2008/10/07/philip-j-berg-lawsuit-new-filings-t-b-bradley-jane-doe-october-7-2008-legal-source-says-filings-suspect/ There were two filings in the Philip J Berg lawsuit on Tuesday, October
7, 2008. A legal source I spoke to a few minutes ago said that court
contacts indicated they had no merit. Repeat, I have no official response
from Philip J Berg on these filings. Here are parts of both:

First filing:

"IN THE UN LTED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENl\SYLVANIA

CASE NO. 02-08-CV-04083
PHILLIP BERG, ESQ.
PLAIl\T1FF

V.

BARACK HUSSEIN OBAMA, JR., AKA BARRY SOETORO, CITIZEN OF
INDONESIA
DEMOCRATIC NATIONAL COMMITTEE
DEFEl\DANTS

MOTION FOR APPLICATION TO INTERVENE WITH COMPLAINT

AND
PETITION fOR WRIT OF MANDAMUS UJRECTED TO THE AGENCIES
OF THE UNITED STATES
AND MOTION FOR INJUNCTIVE RELIEF
COMES NOW, Ur. T.B. Bradley, Psy.D., (hereinafter "Applicant") hereby
formally applies to the Court for leave to intervene in the instant case with
Complaint and Petition for Writ of Mandamus Directed to the Agencies of
the United States and Motion for Injunctive Relief previously filed August
28,2008 at the United States District Court for the District of Columbia, and
petitions this Honorable Court for a Writ of Mandamus Directed to the
Agencies of the United States. If leave is granted by this Court, Applicant
requests this Court provide written notice to all interested parties of same.

Applicant hereby states:

1. Applicant is a Forensic Psychologist who works for the Criminal
Justice System and the Courts.
2. Upon reading all of the books written by or about Barack Hussein
Obama, Jr. aka Barry 50etoro, (hereinafter Obama) Applicant
discerned that Obama was not a natural born citizen of the United
States or if he was a natural born citizen that he had lost his
citizenship when his biological mother married Lolo Soetoro, a
citizen of Indonesia. And, Obama then became a citizen of Indonesia
as a result of his mother's expatriation of herself and her son, by selfdeclaration
on legal public educational records that Obama was
formally known as Barry Soetoro, a citizen of Indonesia.
3. Hence, Applicant discerned that Obama was not US Constitutionally
qualified to hold the Office of the United States Senator from Tllinois
or the Office of the President of the United States.

4. Without any knowledge whatsoever of the instant case filed August
21,2008, Applicant filed the Complaint at the United States District
Court -See Exhibit A.
5. Later, Plaintiff discovered a similar action, the instant case, and
provided Judicial Notice to the US District Court of same-See Exhibit
B.
6. Shortly thereafter, Applicant discerned that Obama's Mother
engaged in a pattern of illegal and fraudulent conduct as a result of
both of her two children's birth outside of the United States: (1)
Obama, Jr. born in Kenya Africa and (2) Maya Soetoro born in Jakarta
Indonesia, but the mother, a US Citizen, raced to Hawaii after each of
her children's birth where she engaged in fraudulent conduct upon
the United States by declaring a late registration birth for both
children claiming that they were born in Hawaii.
7. In fact, this pattern of fraudulent conduct is evidenced by the fact that
Obama, Jr. was born in Africa and her second child, Maya Soetoro,
was born in Jakarta, Indonesia; however, both children are allegedly
registered with birth certificates as born in the United States.
8. Obama's mother defrauded the United States not once, but twice due
to her out of US births of her children that she desperately sought to
protect by late registration births with false and fraudulent
information declaring that both children were born on US soil.

9. If in fact, Obama was born on US Soil, he lost any US citizenship he
may have held when his mother married Lolo Soetoro, moved to
Indonesia, expatriated bother herself and her son as a result of her
marriage and by self-declaration on legal, public, educational records
that Obama was the step-son of Lolo Soetoro, a citizen of Indonesia,
and that Obama 's name was changed to Barry Soetoro, now a citizen
of Indonesia.
1O.For all intents and purposes, Obama, remains a citizen of Indonesia
to this day.

I1.Unless he has applied for naturalization of US Citizenship after the
age of 18 and pledged an oath of allegiance to the US, Obama is, in
fact, an illegal alien living in the United States.

12.He should be deported and stripped of his US citizenship and
immediately stricken from the ballot for those natural born citizens
qualified to hold the Office of the President of the United States.
13.The quickest route to obtain facts would be for this Court to direct the
Agencies of the United States to obtain the Indonesia passport for
Barack Hussein Obama, Jr. aka, Barry Soetoro.

14.Mr. Berg has requested additional documents from Obama; however
the illegal games that this sophisticated and intelligent "master
manipulator" may engage in over the next several weeks will caUse
great turmoil to the upcoming US Presidential elections and a
constitutional crisis that may cause irreparable harm and damage to
the United States, its agencies and its US citizens, including its
registered voters who have relied upon the Federal Election
Commission and the Democratic National Committee to fully
investigate and vet its candidates before engaging in the national
disgrace of Obama, illegal alien and citizen of Indonesia being placed
on the ballot of the United States Presidential Elections of 2008.

IS.Applicant respectfully requests this Court review the solutions
available to it by commanding the pertinent agencies of the United
States as set forth in Exhibits A and B herein to take action to fully
investigate the allegations contained in Exhibits A and B herein, in
addition to the facts and documentary evidence in support of Mr.
Berg's claims in his Complaint and Response to Defendants' Motion
to Dismiss.

16.Both the Applicant and Mr. Berg have standing as natural born
United States Citizens and registered voters to apply to the United
States District Court and the US court systems as the only avenue to
obtain relief in regards to the issues and claims of each party's
Complaint.

17.To protect all US Citizens and registered voters, this Court is
compelled to uphold its oath to protect its US Citizens from harm,
including the name of an Indonesian citizen, an illegal alien, Barack
Hussein Obama,Jr. aka Barry Soetoro, who has diligently sought to
obtain the highest office of the United States government and its

agencies although he is not US Constitutionally qualified.

WHEREFORE, Applicant Bradley, respectfully moves this Court to enter
its Orders directed to the agencies of the United States as set forth in the
claims for relief in Counts I (pages 21-24) Count II (pages 26-29) and such
other relief as this Court deems just and necessary given the gravity of the
facts, witnesses (Grandmother, step-sister, step-brother who claim Obama
was born in Africa), and the documentary evidence in support provided by
Mr. Berg to this Honorable court to avert a US Constitutional crisis.
Further, the Applicant respectfully requests this Court utilize its power and
its authority given the gravity of the facts and documents in support of the
fact that Obama, Jr. is not US Constitutionally qualified to hold neither the
Office of the United States Senator from Illinois nor the Office of the
President of the United States as it is clear that he relinquished his US
Citizenship, if any, by becoming a citizen of Indonesia and traveling on an
Indonesian Passport from age 6-age 18, and after the age of 18. In fact,
Obama is an illegal alien attempting to fool the registered US voter in the
November 2008 Presidential elections. Applicant requests this Court to
enter its Writ of Mandamus directed to the third party agencies of the
United States to seek out, investigate and obtain third party documentary
evidence and the facts providing its report and documentary evidence to
this Court. The facts can be quickly discerned by by any and all passports
issued to Barack Hussein Obama, Jr. aka Barry Soetoro, his biological
mother (Stanley Ann Dunham), his biological father (Barack Hussein
Obama, Sr. , and any and all public records available to this US Court or

cooperating countries and intcmLltional agencies of the world,

Respectfully submitted this 2nd day of October 2008"

Second filing:

Visit Philip J Berg's site and help hold Obama accountable:

http://obamacrimes.com

Help Philip J Berg get the truth from Obama:

http://www.obamacrimes.com

Voice your outrage here:

http://obamaimpeachment.org

Wer von unseren treuen Lesern den Pre-Race Spirit der Ironman Weltmeisterschaften in Kona, Hawaii zumindest über das Internet ein wenig aufsaugen möchte, dem legen wir unsere "Lieblingslinks" (Spalte rechts) wärmstens ans Herz. Zahlreiche Berichte, Favoriteninterviews und Internet-Tagebücher von "normalen" Age-Groupern werden dieser Tage laufend online gestellt.

Allen, die genauso sehnsüchtig wie wir nach Kona blicken, wünschen wir viel Spaß beim Lesen.

bis bald euer

team MÖMA-Tri

Colon hydrotherapy might seem like an inconvenient or invasive procedure but it take only one session for you to realize that getting one is not as embarrassing or uncomfortable as you might have imagined. Various colon irrigation clinics are designed in such a way that clients are made to feel completely relaxed and comfortable.

Are you hoping to lose that extra weight from all that waste build-up to jump start your regimen for a healthier lifestyle? Why don't you visit a licensed hydrotherapist get counsel as to what treatment is appropriate for you.

Come Visit Captain Colon's Hydrotherapy fasting Clinic in Maui, Hawaii.We use a special mineral element sea water formulathat creates miraculous results with clients. From clearer skin, to losing a pound a day, to healing emotional traumas people come visit us from all over the world and order from our online store.

For lunch, Ella, the boss, and I went to The International Market Place.  It is only a few blocks from the office, but Ella's legs are shorter than ours.  She needed to stop and rest.  Here she is resting among the Anthurium.

And here she is at the Market Place.  Most people come to this spot to watch the Koi.

Ella thought it was the perfect place to people watch.  I can't believe how many people went out of their ways to come and talk with her today.  Ella is a regular chatterbox and she made friends left and right.

When we finally reached the food court, the Boss and I ordered Gyros.  Ella said she was in the mood for French Cuisine and returned to the table with this!

We found out about the Doodlebops from the Island Family magazine. I also saw a commercial on TV advertising the Doodlebops. I think Oceanic Cable was giving away free tickets if you entered some kind of contest. I also heard there was a contest on HawaiiMoms.com and on the KHON Morning News.

I actually got a close-up look at actors on the KHON Morning News. I was a little disappointed to find out that they weren't the original cast members from the show. I could especially tell that Moe was not the Moe from TV. Then again my husband reminded me that the original cast probably doesn't do the traveling shows and that my daughter would not really know the difference. I think they had to lip sync during the show but I'm not sure. It sounded like the original cast singing.

My daughter went to the Saturday matinee show. It was pretty crowded on the main level but there were a bunch of empty seats up on the balcony level. At first, she was a little scared of them but she warmed up and ended up having lots of fun.

After the show, came the requisite visit to the souvenir stand. There were tons of things that every child would enjoy like a drum, play cell phone, coloring book and a light up wand among other things. Yes, it was expensive but it is so hard to leave without something to remind you of the Doodlebops.

Here are some pics from that show. Sorry if I wasn't supposed to take pictures in the show....

Janie, soon to be Jaine's Crying, is 38 and a former stunt woman and actress.  Her career highlights are having been in Spider Man 2 and in an Enrique Iglasias "Be With You" music video.

She's a little stupid to be marrying an old man with 2/3 of a tongue and a bad bad case of alcoholism.  Is he finally over the booze?  I hope so. I never want to see another picture of him like this again:

I saw Eddie last October (And in 1986) and that entire concert was a holy experience, where I watched many grown men cry.  I was amazed by his solo's and I have read that he was sober. I LOVE EVH for the pure joy his music brought to my life for many, many years.  I still remember the day I first head him play guitar.  It was @ Wildwood Park, Madison Heights, MI, 1979. Wow!  I have a clear picture of listening to that entire tape with my neighbor Wayne.  I was hooked.  I was in love.  I wanted his babies, and I was only 8 years old ...

Who is this Jamie woman?  I had to find out more ...

She also has her own cute website www.janiesgotagun.com where I learned she was a stunt double for J.Lo and I found out she is Latin, Middle Eastern, Native American, Eastern European, and has also worked as a firefighter and EMT. 

Hmm.  Is is still cool to be married to someone who once was the hottest thing in town?  I'm not sure...

I've heard that Hawaii has almost perfect weather every day: not too hot, not too cool, and sun, sun, sun. But, we're not in Hawaii, we're in the Midwest. I've read that heaven has perfect weather, too. Even better than Hawaii! There's Son all the time and God wipes away every raindrop that might sneak down your cheek.

When you're in the Midwest sometimes you long for Hawaii weather. When you're on planet earth sometimes you long for heavenly "weather." We get frustrated when the clouds obscure the sun. We are surprised when things don't go the way they should. Suffering and evil and temptation are real and all too present. When we expect heavenly weather in an earthly climate we're bound to get discouraged. But when we realize where we are and that there's a purpose for why we're here, we can put up with a lot more storms in the journey.

After all, without the rain where would the farmers be?

Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

ORDER

AND NOW, THIS ___ DAY OF ___________, 2008, upon consideration of the
Motion of Defendants Democratic National Committee and Senator Barack Obama for
Protective Order Staying Discovery Pending Decision On Dispositive Motion, and of the
submissions of the parties relating thereto, it is hereby ORDERED that said Motion is
GRANTED.

Surrick. J.

DMEAST #10127194 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 2 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

MOTION OF DEFENDANTS
DEMOCRATIC NATIONAL COMMITTEE AND
SENATOR BARACK OBAMA FOR A PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON DISPOSITIVE MOTION
Pursuant to Fed. R. Civ. P. 26(c)(1), defendants Democratic National Committee
and Senator Barack Obama respectfully move the Court for a protective order staying all
discovery in this action pending the Court’s decision on defendants’ motion to dismiss
the action for lack of subject matter jurisdiction and for failure to state a claim upon
which relief can be granted.

Pursuant to Fed. R. Civ. P. 26(c)(1), on October 6, 2008, counsel for defendants
conferred with plaintiff about agreeing to stay or defer discovery, including deferring
responses to the discovery requests already served by plaintiff (attached as Exhibit A
hereto). Plaintiff refused to consent to any such stay or deferral.

DMEAST #10127157 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 3 of 10

Pursuant to Local Rule 7.1, accompanying this Motion is a Brief in Support of

Motion for Protective Order and a proposed Protective Order.

Respectfully submitted,

/s/ John P. Lavelle, Jr.

Dated: October 6, 2008
John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS & INGERSOLL,
LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103

(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com

Of counsel:

Joseph E. Sandler
General Counsel, Democratic National Committee
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E. #1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115

Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com

Attorneys for Defendants
Senator Barack Obama and
Democratic National Committee

DMEAST #10127157 v1

2
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 4 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

BRIEF OF DEFENDANT DEMOCRATIC NATIONAL COMMITTEE
AND DEFENDANT SENATOR BARACK OBAMA
IN SUPPORT OF MOTION FOR PROTECTIVE ORDER
STAYING DISCOVERY PENDING DECISION ON
DISPOSITIVE MOTION
Defendants Democratic National Committee and Senator Barack Obama submit
this Brief in support of their Motion for Protective Order Staying Discovery Pending
Decision on Dispositive Motion. Plaintiff has served extensive discovery requests on
defendants. As noted in Defendants’ Brief in Support of their Motion to Dismiss, this
lawsuit is entirely without merit and plaintiffs’ allegations are patently false. Defendants
have moved to dismiss this action for lack of subject matter jurisdiction and failure to
state a claim. That motion presents solely issues of law; no discovery is needed in order
to resolve the motion. If the motion is granted, it will dispose of the entire action,
obviating the need for the burdensome discovery sought by plaintiff. A protective order
staying discovery is therefore warranted.

DMEAST #10127159 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 5 of 10

I. Procedural Background
In his Complaint, plaintiff Berg alleges that Senator Barack Obama, the
Democratic Party’s nominee for President of the United States, is not eligible to serve as
President under Article II, section 1 of the Constitution because, Mr. Berg alleges
(falsely), Senator Obama is purportedly not a natural-born citizen. Complaint ¶3. Mr.
Berg seeks a declaratory judgment that Senator Obama is ineligible to run for President;
an injunction barring Senator Obama from running for that office; and an injunction
barring the DNC from nominating him.

On September 15, 2008, plaintiff Berg served on Senator Obama’s office a
request for production of seventeen different categories of documents, including copies of
all of the Senator’s college and law school applications, requests for financial aid, college
and law school papers, and “a copy of your entire presidential file pertaining to being
vetted.” Plaintiff also served 56 requests for admission on Senator Obama. On that same
date, plaintiff served on the DNC 27 requests for admission and requests for production
of five categories of documents, including all documents in the possession of the DNC
relating to Senator Obama.1

On September 24, 2008, defendants filed a motion to dismiss the complaint for
lack of subject matter jurisdiction and failure to state a claim, on the grounds that, as a
matter of law, plaintiff has no standing to challenge the qualifications of a candidate for
President of the U.S. and has no federal cause of action.

True and correct copies of these discovery requests are attached as Exhibit A hereto.

DMEAST #10127159 v1

2
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 6 of 10

II. Discussion
Rule 26(c)(1) authorizes the Court to enter a protective order to protect a party
“from annoyance, embarrassment, oppression, or undue burden or expense,” including an
order forbidding the discovery or specifying terms for discovery. “While the court should
not automatically stay discovery because a motion to dismiss has been filed, ‘a stay is
proper where the likelihood that such motion may result in a narrowing or an outright
elimination of discovery outweighs the likely harm to be produced by the delay.’” 19th
St. Baptist Church v. St. Peters Episcopal Church, 190 F.R.D. 345, 349 (E.D. Pa. 2000),
quoting Weisman v. Mediq, Inc., 1955 WL 273678, 1995 U.S. Dist. LEXIS 5900 *2 (E.D.
Pa. 1995). “Where a pending motion to dismiss may dispose of the entire action and
where discovery is not needed to rule on such motion, the balance generally favors
granting a motion to stay.” Weisman, 1995 U.S. Dist. LEXIS at *5.

In Weisman, in which this Court found that a motion to dismiss could be decided
on the pleadings, and could be decided in a relatively short time period, the Court granted
a stay of discovery. Similarly, in Norfolk Southern Rwy Co. v. Power Source Supply,
Inc., 2007 U.S. Dist. LEXIS 15306 (W.D. Pa. 2007), defendant filed a motion to dismiss
based on lack of subject matter jurisdiction; plaintiff served interrogatories and document
requests while that motion was pending. The court granted defendant’s motion for a
protective order staying discovery, ruling that, “where, as here, an objection to the
Court’s jurisdiction made under Rule 12 might compel the dismissal of an entire action,
the Court finds that considerations of fairness and efficiency suggest the prudence of
limiting discovery to those facts necessary to resolve the motion. Because the Parties in
this matter have fully briefed the jurisdiction issue and await only the Court’s ruling,

DMEAST #10127159 v1

3
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 7 of 10

discovery in this case shall be stayed and Defendant protected from the requests that
Plaintiff has already propounded.” Id. at *4.

In this case, as in Weisman and Norfolk Southern Rwy., defendants’ pending
motion to dismiss for lack of subject matter jurisdiction would dispose of the entire
action. The motion does not involve any disputed issues of fact: defendants contend that,
as a matter of law, plaintiff lacks standing to challenge the qualifications of a candidate
for President and that there is no federal cause of action that could serve as a means for
such a challenge. Thus, discovery is not needed in order to rule on the motion. In these
circumstances, a stay of discovery is warranted and appropriate.

DMEAST #10127159 v1

4
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 8 of 10

CONCLUSION
For the reasons set forth above, the Court should grant the motion of defendants
DNC and Senator Barack Obama for a protective order staying discovery pending a

decision on their motion to dismiss.
Respectfully submitted,
/s/ John P. Lavelle, Jr.
Dated: October 6, 2008 John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS & INGERSOLL,
LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103
(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com
Of counsel:
Joseph E. Sandler

General Counsel, Democratic National Committee
SANDLER, REIFF & YOUNG, P.C.
300 M Street, S.E. #1102
Washington, D.C. 20003
Telephone: (202) 479-1111
Fax: (202) 479-1115

Robert F. Bauer
General Counsel, Obama for America
PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
Telephone: (202) 628-6600
Facsimile: (202) 434-1690

RBauer@perkinscoie.com

Attorneys for Defendants
Senator Barack Obama and
Democratic National Committee

DMEAST #10127159 v1

5
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 9 of 10

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, :
:
Plaintiff :
:
v. : Civ. Action No. 2:08-cv-04083-RBS
:
BARACK OBAMA, et al., :
:
Defendants :

CERTIFICATION PURSUANT TO LOCAL RULE 26.1(F)

Undersigned counsel for Defendants Democratic National Committee and Senator

Barack Obama hereby certifies pursuant to Local Rule 26.1(f) that the parties, after reasonable

effort, are unable to resolve the dispute that is the subject matter of Defendants’ Motion for

Protective Order Staying Discovery Pending Decision On Dispositive Motion.

/s/ John P. Lavelle, Jr.

Dated: October 6, 2008
John P. Lavelle, Jr.
Attorney I.D. PA 54279
BALLARD SPAHR ANDREWS & INGERSOLL, LLP
1735 Market Street, 51st Floor
Philadelphia, PA 19103

(215) 864-8603
(215) 864-9125 (Fax)
lavellej@ballardspahr.com

DMEAST #10127199 v1
Case 2:08-cv-04083-RBS Document 15 Filed 10/06/2008 Page 10 of 10

CERTIFICATE OF SERVICE

I hereby certify that on this day, a true and correct copy of the foregoing
Defendant Democratic National Committee’s and Defendant Senator Barack Obama’s
Motion for a Protective Order Staying Discovery Pending Decision on Dispositive Motion
and Brief in Support thereof was served by First Class U.S. Mail, postage prepaid, upon the
following:

Philip J. Berg, Esquire
555 Andorra Glen Court, Suite 12
Lafayette Hill, PA 09867

Plaintiff

Dated: October 6, 2008 /s/ John P. Lavelle, Jr.
John P. Lavelle, Jr.

DMEAST #10127407 v1

This is what a juvenile Red-footed Booby looks like when it's about to land on your head.

And this is what one looks like after you give a little start and, perhaps, even a squeal.  S/he might be as surprised as I.

It seems that unlike our other seabirds at Kilauea Point National Wildlife Refuge when a Red-footed Booby fledges, it actually hangs around its nestsite, learning to fly and returning home like a college student expecting its parents to continue to feed and house it.  During this month-long fledging process, these juveniles can be seen flying around the refuge like they've attended a fraternity kegger and trying to land on the unlikeliest of things--like me.

"It was a busy day in the Eastern District of Pennsylvania today. First, attorney Philip Berg files a motion asking the court to permit him to file an amended complaint with several additions, and then next, attorneys for Barack Obama and the DNC file a motion asking the court for a protective order, essentially asking that the judge rule on their motion to dismiss for lack of standing before ruling on Berg's motion for expedited discovery. "

"Basically, the law states that Judge Surrick can order discovery even in the face of a pending dispositive motion such as the motion to dismiss filed on September 24 by Obama and the DNC. In other words, he can order full discovery, limited discovery, or none at all before ruling on the dismissal. The attorneys for Obama and the DNC, however, just filed a motion asking for a protective order stopping "all discovery in this action pending the Court's decision on defendant's motion to dismiss the action for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted."

Just like with the amended complaint, an attorney cannot simply file a protective order but must file a motion for one, essentially asking the court to issue one. Make sense so far? That's what this is -- defense attorney John LaVelle filed such a motion this afternoon, a motion asking the judge to issue a protective order which would allow for a ruling to come down on the motion to dismiss before the commencement of any discovery."

Mr. Berg's comment:

"He's asking to delay discovery and, Jeff, I'm obviously going to oppose it, " he said. "This isn't right. This just isn't right. By tomorrow, we'll have a response and put out a press release. The American people should hear about this and, if they do, they should go nuts. It's time to put up or shut up."

Read more from Jeff Schreiber here:

http://www.americasright.com/

Support Philip J Berg's efforts:

http://obamacrimes.com

Voice your outrage here:

http://obamaimpeachment.org

Obama is an Indonesian and illegal alien. Otherwise he would prove his US citizenship.