I’m a little late but i just found this video is of a 17 year old MAN Shaun Miller, he has a heart disease that required 2 heart transplants. After his second the doctor had said he didn’t have much to live. If this video doesn’t tug at your heart then you have no soul, only a real man and a true soldier can look death in it’s face and accept it. Truly an inspiration to me and the whole brand, it was said he passed away this past may. R.I.P Shaun Miller, you will be in our prayers -MG

Sheffield United were left frustrated after throwing away a two goal lead against mid-table Crewe Alexandra at Bramall Lane.

The Blades were 2-0 up and cruising but conceded twice on the stroke of half time before going behind early in the second half. They managed to respond with an equaliser but were unable to strike again for the three points.

United were also denied a penalty at 3-3. This was a decision which Blades manager Danny Wilson was very unhappy with.

“I’m sure the referee will talk differently but the DVD suggests it was a penalty,” said Wilson.

The Blades boss was also critical of his teams defending. He said: “we didn’t perform and defensively made some bad decisions. It’s a learning curve for the younger players in the team.”

Blades strike early through Shaun Miller (Picture from Steve Ellis)

Shaun Miller gave the Blades the lead after just four minutes. Defender Harry Maguire then put the Blades seemingly in total control when he doubled the lead midway through the first half.

However Crewe struck back. Mark Ellis put the Railwaymen back in contention before Mathias Pogba poked home after unfortunate goalkeeper George Long punched the ball into his own defender.

After the break Crewe carried on from where they left off and took the lead after just two minutes of the restart. On loan Arsenal midfielder Chuks Aneke tapped home after good play down the Crewe left.

The Blades responded quickly though. Miller turned the Crewe defence inside out in the box before unleashing a shot onto the post. Nick Blackman was on hand to turn the ball in from the rebound and get the home side back on level terms.

United then pushed for a winner. Blackman went close on a couple of occasions and Chris Porter missed a glaring chance when he failed to connect with a David McAllister cross.

Blackman was then bundled over in the box late on. However the referee did not give the penalty which meant that Sheffield United were forced to settle for a single point. 

Attendance: 16,000

Miller gave the Blades the lead with an expertly taken volley following a Chris Porter flick-on.

Maguire then doubled the lead on the stroke of half-time as he prodded home a Ryan Flynn corner.

Former Crewe striker, Miller cooly added a third in the 52^nd minute before a speculative effort from Maguire completed the rout.

Jordan Stewart’s late consolation proved the only blot on the Blades’ performance as they extended their unbeaten start to the season to 14 games.

Both sides made five changes to their starting line-ups from their previous weekend fixtures, with the Magpie’s top scorer Francois Zoko returning to partner Enoch Showumni up front.

Sheffield United manager Danny Wilson gave starts to Chris Porter and Shaun Miller as he decided to rest the normal strike pairing of Nick Blackman and Dave Kitson.

The home side started the game brightly and it was they who had first chance of the game as Enoch Showumni’s fortunate header was instinctively saved on the line by young United keeper, George Long.

However, it was United who opened the scoring as a Daryll Westlake cross was flicked on by Chris Porter creating an opportunity for Shaun Miller to expertly volley home his first goal for the club.

County responded well and came close to an equaliser through the lively Jeff Hughes, as the midfielder’s powerful header from a Hamza Bencherif in-swinging cross, was tipped over the bar by Long.

Ryan Flynn saw his stinging drive tipped round the post by County’s Bartosz Bialkowski, but from the resulting corner, Flynn’s cross was met by Harry Maguire, who poked in the away side’s second goal.

United continued to exercise their dominance at the start of the second-half as Miller grabbed his second goal of the game – drilling home a volley into the bottom corner – again, following the home side’s inability to deal with set pieces.

Two minutes later, County’s misery was extended as centre-back Harry Maguire’s speculative cross evaded Bialkowski and looped into the top corner of the net.

The Meadow Lane side showed plenty of endeavour in the closing stages, but Jordan Stewart’s 75^th minute curler from outside of the area proved to be in vain.

Sheffield United will go onto face Coventry City at the Ricoh Arena in the quarter-final clash on week commencing 3^rd December.

Image via Wikipedia

Total Stakes £508.55

Total Winnings £731.39

The Loss Counter £222.84

And thus the first month of my blog draws to a close – what are my reflections of the month and what is still to come?! Well firstly, I am sat nicely in a position of profit, something which I definitely wasn’t expecting. My good form (& when I say this, I mean wins of £300 plus) doesn’t usually come around until February/March & whilst I am not counting on history to repeat itself then, it does feel good to be ahead of the bookies at this point in time. On the plus side, Goal Minute bets have been very kind to me & I will comment on this weekends rewards in a moment, however i’ve also had a couple of reasonable accumulator wins as well, whilst it’s worth remembering that £60 of my stakes are tied up in season long bets, so it’s actually been a very successful month. On the downside, I kicked off the campaign in appauling fashion, foolishly backing AFC Bournemouth to the tune of £25 to win at Charlton, whilst i’m actually shocked to see that my total stakes have amounted to over £500 in a month!! I have reasoned with my conscience that if I had been shelling out that kind of money with no return, i’d actually have shut down the stakes very quickly, however it does make me think how much I have handed over to the bookmakers in previous seasons!

Moving on to an analysis of this weekends returns, it has to be said that again most of my accumulators were well off the pace, however my £6 on Brighton, Leicester, Charlton to win yielded a nice return of £65.98 – as ever, the last 5-10 minutes saw me chewing fingernails & hitting refresh on the bbc live football updates, Leicester holding on to a 3-2 victory at home to Southampton & Charlton coming from behind to win 2-1 at Bury, although in my mind the Addicks owed me that for the £25 lost on Bournemouth on the opening day! I banked £60 of that & slapped the remaining £5.98 on a double for Liverpool & Lyon to win their Saturday evening games. That they duly did, returning me £12.56 with which I immediately backed Man Utd to beat an underwhelming Arsenal side – 8 Man Utd goals later & I had £18.84 sat in the Ladbrokes account, should be a nice amount for this weekends League 1 & 2 games.

Goal Minutes is where I really picked up though, whilst Alex Revell didn’t start & my £9 was refunded, Jimmy Kebe (who did have a goal disallowed!), Dean Bowditch & Luke Chadwick  all failed to score losing me £29 between them, there was fortunately good news with my other selections. Firstly, my big bet for the day Shaun Miller of Crewe (whom I had staked £3 at 13) opened the scoring in the 42nd minute at Plymouth – £126 stright off. I had hoped that he was just getting started, but he didn’t trouble the scoresheet in the 2nd half & was replaced 15 minutes or so before time, never mind though, the lad had given me a nice return! In the Championship, my faith in Luke Jutkiewiscz was repayed as he scored a 78th minute goal to earn a point at Middlesbrough, admittedly it wasn’t a screamer that my belief in his ability would imply he is capable of, but another £39 in the pocket, thankyou sir, those goals all count!! Lastly, I had tipped Terry Gornell & Marvin Morgan to cause problems for Swindon – I eventually opted for Gornell, who duly obliged in the 57th minute, however if i’d had a little more conviction I would have earned a tidy sum extra as Morgan went on to score the winner in the 71st minute….c’est la vie, I should not complain. At that point I decided to clear out the sporting index account, save for £28 which was split between Cabaye & Steven Taylor for Newcastle (8 & 3 respectively) & Nani at 17. Annoyingly Cabaye had one shot tipped over by Schwarzer in the first half of their game, then in the second another speculative effort was fumbled onto the bar by the Fulham stopped only for Leon Best to knock in the rebound. Man Utd obviously then went to town on Arsenal, Nani had to score didn’t he….but he was wasteful on the ball, often losing posession, chipping the ball over the bar when out wide (much to Rooney’s frustration!), stumbling when presented with a tap in…I was concinved it was only a matter of time before he was withdrawn, but thankfully, in the 67th minute he was slipped in again & as I braced myself for another wasted opportunity he nonchanantly flipped the ball over Szczesny to get Uniteds 5th….its fair to say I celebrated as if I was a United fan & the relief was doubled when that proved to be his last touch of the game, immediately being replaced by Ji Sung Park.

And how are my season bets fairing – well, most pundits are currently reminding us that nothing is won in August, so I shall not be getting too excited at this stage. However, as expected Blackburn & Fulham have started poorly so i’m pleased with those at the moment, Demba Ba is yet to score for Newcastle & although he has had playing time, you have to worry when you see Dzeko & Rooney on 6 & 5 goals respectively! In the Championship, Leicester currently sit 6 points off top side Brighton, I get the impression that the side is still gelling, so long as they stay in touch of the leaders i’m not too worried, Sven will have them in the right place come the end of the season. Nugent & Mackail-Smith both have 2 goals to their name, Charlie Austin, Kevin Phillips, Marvin Emnes & David Connolly currently lead the way with 4 for Burnley, Blackpool, Middlesbrough & Southampton respectively – the latter 3 I am particularly concerned about in consideration of someone running away from my boys! In League 1, Preston responded well from a shock home defeat on the opening day & are now unbeaten in 4 sitting happily just 3 points off MK Dons in top spot, Bradley Wright Phillips has 3 goals to his name (1 behind Ryan Lowe) whilst Steve Lovell will soon be in the goals so long as he stays injury free. I should also note at this time, that AFC Bournemouth look in massive trouble, defensively incompetent, a management team with few ideas & confidence seemingly oozing out of the side – some points in Septemember will be vital or it could be a very lean winter for my boys. Finally in Leagye 2, Oxford have had a reasonable start & occupy 9th place with 8 points, 5 behind leaders Rotherham. I’m delighted to add that Izale Mcleod is leading the goalscoring stakes with 5 goals in 5 games, whilst Shaun Miller currently sits on 2. I just hope that they don’t get snapped up by teams in higher leagues too early (Adam Le Fondre has already moved on!) which is always a possibility at this level.

I am going to close by saying well done Morecambe in League 2, a team I tipped to struggle are defying the budgetary odds & are enjoying 2nd place in the table – I will be keeping an eye on their form to see if they become candidates for my accy’s, however I have to say, I don’t trust them yet!!!

Central Buck East's Lou Pannella gets off a shot in close against Truman's Shaun Miller.

(Ambler) You have a 17-2 run in the first half and a 17-4 run in the second half.  You force your opponent into twenty-four turnovers while you have only twelve.  You take 55 shots and your opponent only takes 36. You win big, don’t you?

That’s not the way it worked out for Harry S. Truman (2-4) on Tuesday versus Central Bucks East (2-3).  The Tigers from Levittown lost, 57-48, in the first round of the Trojan Holiday Classic held at Wissahickon High School.

Unfortunately, all those positive Truman stats weren’t enough because the Patriots from Doylestown had better stats. 

Here‘s my list of East‘s better stats:

(1) They scored the first eight points of the game.

(2) They offset their horrible first half ball management (15 turnovers) with enough points to have a 23-21 halftime lead. 

(3) Trailing 29-27, they put together a 21-2 run to get up 48-31 three minutes into the final quarter. 

(4) When Truman rallied late to 52-48 with 1 ½ minutes left, the Patriots shut out the Tigers thereafter and added five free throws along the way.

(5) East used an organized offense to get into foul-producing positions in the second half.  They may have had fewer field goal attempts but at the foul line their advantage was a remarkable 31-9.

It was an East zone early on that frustrated Truman’s one-on-one players.  They wanted to get to the basket but the zone provided backup defenders.

Steve Topley caught in a Tiger trap. The Patriots had 24 turnovers.

On the other side, the Truman pressure full-court and half-court led to the frequent Patriot turnovers in the first half.  The Patriots ability to run an organized offense didn’t show up until the second half.  They turned out to be well-organized and alert passers once they got through the first half.

The 21-2 second-half Patriot run was keyed by the shot-making of Scott Shields (9 points) and the passing of DJ Beausejour.  They worked together on several baskets in the crucial run.

Truman used long-range shooting (treys by Merdic Green, Lamont Waters, and Shaun Miller) to make things interesting late in the game. 

Lamont Waters (#4) led all scorers with 13 points.

Lamont Waters led all Truman scorers with thirteen points while teammates Merdic Green and Shaun Miller added ten each.

Liam Gallagher had 10 points for Central Bucks East.

Liam Gallagher and Matt Stauffer paced the victorious East squad with ten apiece.

First time for me at the Wissahickon gym.  Nice setting.

I come from an area (Massachusetts) where there is a shot clock.  In games in Connecticut and now Pennsylvania I’ve seen how a game is played without one.  Without a shot clock you’d better have a way to get the ball out of an opponent’s hand.  It would seem essential that every team be able to press and press break. 

Stats are always an adventure at high school games.  I keep my own and normally encounter mistakes the next day of my own or the box score in the newspaper.  The Intelligencer’s box score totals for Truman do not add up right. 

(I collect my own stats, take my own pictures, and express my own opinions.  Errors are inadvertent.)

Saturday at 3 seconds to 5 p.m., the Technical Arts volunteers hear “3…2…1… go” coming across their headset from the service producer.

Photo by Tait Sweigart

This interaction officially starts the first of three weekend services and is the culmination of over six weeks worth of work for staff and volunteers at Northview. What begins as a sermon idea in the mind and through the prayers of Lead Pastor Steve Poe then filters through several teams before it becomes a finished service shared by the entire church.

Once Pastor Steve has established a teaching direction he wants to go in, Creative Arts Pastor Greg Wallace and the Worship Planning Team take over. Greg chairs a group of nine staff members and a rotating group of volunteers that meet once a week to brainstorm the elements of the service and begin to bring the different aspects of worship together.

Each department then begins working on their own element. Worship Pastor Matt Bays comes up with ideas for the weekend’s songs and worship set.

The Technical Arts team begins creating the audio/visual content, and the Communications department works on graphics, supporting print material and the web site. Each team works hard to have their individual tasks finished and ready for review two weeks prior to the service.

The “week of” is when things really start happening. So what happens day-to-day to pull off services in two locations?

Tuesday: The Tech guys (Technical Arts Director Shaun Miller, Video Projects Coordinator Jason Chapman and Video and Production Associate Travis Carpenter) meet with Matt and Greg to run through the service order to make sure nothing is overlooked. All assignments for A/V equipment are noted and finalized.

Photo by Tait Sweigart

Wednesday: The brainstorming team looks over the service order one final time, double-checking that the elements discussed are being presented in the best way possible.

Thursday: “Tech Night.” Tech volunteers who are serving that weekend come in for setup – the band is positioned, the lighting is programmed, the lyrics for worship are prepared and the videos for the back screen are loaded.

Friday: All the lighting and video items are previewed one last time.

Saturday begins at 11:30 a.m. for the Tech staff, prepping the “day of” items, like putting batteries in the microphones. The worship team instrumentalists arrive at 1 p.m. for a rehearsal with Matt. At 3 p.m., all of the tech and worship team volunteers are in place for two full run-throughs to make sure that everything is the best it can be for the attendees and guests that weekend.

Photo by Tait Sweigart

The behind-the-scenes volunteers on the technical arts team are what makes this process happen each week. They give of their time for the rehearsals and all three services once per month (8-10 hours on the weekend they are serving, depending on the role).

It’s often a thankless job – by their very nature, the technical support for a service isn’t noticed unless something goes wrong. The volunteers seek to blend into the background, content to offer their time and talents to God in service of His people.

If you get a chance, look for the folks in the black shirts some weekend and say, “Thanks for all you do!”

“The Catcher in the Rye” was written by American author J.D. Salinger in 1951.

The book has since become a huge critical and commercial success and is now considered to be a classic work of mid-20th century literature.  The book’s main character, through whom the story is told, is one Holden Caulfield – a 16 year old newly minted private boarding school drop out who embarks on 4 days wandering around New York – a journey of self-discovery, reflections and interactions with an array of characters and New York landmarks including the Natural History Museum and Central Park.

The book is written with a fresh literary “look and feel” – with unique turns of phrase, descriptions and dialogue.

Fast forward to the present day…an American author living in Sweden named Fredrick Colting (writing under the name John David California) wrote a sequel of sorts to Salinger’s famous and celebrated novel, “Catcher in the Rye”.  The sequel, called “60 Years Later: Coming Through the Rye” portrays a 76 year old Holden Caulfield (referred to as “Mr C”) – the famed protagonist of the original work – wandering the streets of New York after having escaped from a retirement home.

Salinger, who died earlier this year, had been living in recluse and was reportedly outraged that the book “60 Years Later: Coming through the Rye” brazenly stole, without Salinger’s permission, Salinger’s exact same character Holden Caulfield (along with a host of other characters from that original book) and placed them in the same location (New York) and used similar turns of phrase, descriptions and dialogue as in the original “Catcher in the Rye”.

Indeed, Salinger was so concerned that his rights had been trampled on that he brought a law suit against Fredrick Colting and his publisher alleging claims for Copyright Infringement and common law Unfair Competition. To review the trial decision Salinger v. Colting, 641 F. Supp. 2d 250 (S.D.N.Y. 2009) click here.  For the appeal, Salinger v. Colting, 607 F.3d 68 (2d Cir. N.Y. 2010) click here.

Issues from the Case

The case raises a host of issues including:

1. Whether or not characters in books, films or even music lyrics attract the protection of copyright law;
2. If such characters do attract copyright protection, in what circumstances will the “fair use” exceptions to infringement of copyright – such as parody or criticism and review – apply;
3. When is a work simply derivative of an original work (and therefore more likely to breach copyright) and when is a work transformative of that original work (and therefore less likely to be in breach);
4. How does all this fit into the ideas/expression dichotomy that is the cornerstone of copyright law.
5. How does the overriding imperative of Freedom of Expression – especially in the context of the US Constitution – affect these issues;
6. Can an author or publisher use the misleading and deceptive conduct sections of Part V of the Trade Practices Act (and the mirror fair trading legislation in the States and Territories) or invoke the common law action of passing off to stop an unauthorised sequel.
7. Can an author rely on his or her moral rights in their original work to prevent an unauthorised copy;

J.D. SALINGER v FREDRIK COLTING ET AL

But first, let’s turn to Salinger’s law suit against Fredrik Colting and his publisher regarding the contested unauthorised sequel “60 Years Later: Coming Through the Rye”.

What were the Basic Arguments of Each Side?

Both sides acknowledged and agreed that (a) Salinger holds a valid copyright in the book “The Catcher in the Rye” and (b) that Colting had access to that book.

So the first issue that the Judge Deborah A. Batts sought to determine was whether or not there is a substantial similarity between the two books.

Salinger’s lawyer submitted that there were two prongs to the substantial similarity question because Salinger was pleading two separate claims for copyright infringement.  One is of the character Holden Caulfield.  The second is of the book “The Catcher in the Rye”.

Substantial Similarity Claim 1: Copyright in the Character – Holden Caufield

As to the first claim, Salinger’s lawyer said it was beyond doubt that the character Mr C in “60 Years Later” is Holden Caulfield from “Catcher in the Rye”.  The question was whether the iconic character Holden Caulfield was protectable under copyright law.  It was submitted by Salinger’s lawyer that Holden Caulfield was a sufficiently delineated character to be protected under US copyright law.  This was despite there being only a literary description of Holden Caulfield, as opposed to a graphic representation.  This was also despite the character Holden Caulfield only appearing in one work.

Substantial Similarity Claim 2: Copyright Infringement of Other Elements of the Original Work

Regarding the second claim of substantial similarity between the two books themselves, Salinger’s lawyer argued that there was not merely substantial similarity by virtue of the taking of the character, but there were numerous other elements the “60 Years Later” copied including other characters, an attempt to imitate the narrative and the tone, the style and the settings (including Central Park, the cemetery and the Museum of Natural History).  It was argued that the court should go beyond looking at the fragmented literal similarities and look at the total concept and feel of the two works.

Counterarguments – No Substantial Copying

Fredrik Colting’s lawyer argued that the character of Holden Caulfield as published initially is not sufficiently developed and delineated to attract copyright protection.  In any event, Colting’s lawyer contended that even if Holden Caulfield attracted copyright protection (which he disputed) he did not believe there was the taking of sufficient amounts of Holden Caulfield to constitute copyright infringement.

As to the question of breach of copyright in “Catcher in the Rye” itself, Colting’s lawyer submitted that no expression was taken from that book and used in “60 Years Later” i.e. there was no direct copying of the text and that “60 Years Later” has 80 characters in it, only really three of which are from “Catcher in the Rye”. There are 25 characters in “Catcher in the Rye” that do not appear in “60 Years Later”. So there was no substantial similarity between the two books themselves.

Counterarguments – Fair Use

The next issue to be looked at was whether, if “60 Years Later” did substantially copy the character Holden Caulfield and the book “Catcher in the Rye, whether that use was “fair use”.

Colting’s lawyer asserted that “60 Years Later” was written as critical commentary on the relationship between J.D. Salinger and the character he created, namely Holden Caulfield.  “60 Years Later” was an unauthorised fictional examination of the relationship between J.D Salinger and his most famous character – and that the cover of the book (both back and front) will make that clear..  It’s not a sequel.

Colting’s lawyer contended that “60 Years Later” is commentary on the original work because the original work has become an iconic representation of a disaffected youth who has certain characteristics, “60 Years Later” is an analysis of the creation, the creator of that work (i.e. Salinger) and what happens to that character many, many years later when we see the character having lived his whole life.  You start to have more understanding about what the character was and what the original book was and it changes your reading of the original work.  In short “60Years Later” is literary criticism in a fictional form.

Counterarguments – Dangers of Granting Injunctions in Copyright Cases

Colting’s council then raised the issue of the danger of granting an injunction in a copyright case – i.e. a prior restraint against the publication of a book before a full hearing, before a full exploration of all the issues  - noting that the United States Supreme Court has expressed its concern about injunctions in copyright cases and that where there is a colourable fair use defence, that a remedy of an injunction is an extraordinary remedy.  A prior restraint, it was argued, would raise very serious First Amendment issues.

In response to this, Salinger’s lawyer argued that “60 Years Later” was a sequel – pure and simple – and that the only question for the court to determine was whether that sequel was transformative or substantially similar to the original book.  It was contended that “transformative” means: to take an original work and to somehow imbue it with new meaning, message or purpose, to provide something more for the public.

It was submitted that the only way that Colting had transformed the Holden Caulfield character was to make him 76 years old instead of 16 and the only way that Colting had transformed “Catcher in the Rye” was by adding some characters.

Furthermore, it was submitted that “60 Years Later” did not constitute literary criticism or parody.

In essence, Salinger’s lawyer asserted that this was a case about Salinger’s right not to have a sequel published, and not to authorise a derivative work.  i.e. it was a case about Salinger’s right to keep “Catcher in the Rye” and Holden Caulfield frozen in time for the full term of copyright.

Trial Decision of Judge Deborah Batts in the United States District Court

Judge Deborah Batts granted Salinger the preliminary injunction essentially for the reasons that Salinger had argued for one.

In determining that there was a “substantial similarity” between the two books as well as between the character Holden Caulfield from “Catcher in the Rye” and the character Mr C from “60 Years Later” such that it was an unauthorised infringement of Salinger’s copyright, the court cited The Wind Done Gone case (Suntrust Bank v Houghton Mifflin Company 268 F. 3d 1257, 1266 (11th Circuit, 2001) where it was found that “substantial similarity” exists where “an average lay observer would recognise the alleged copy as having been appropriated fro the copyrighted work”.  The court also cited the case of Castle Rock Entertainment v Carol Publishing Group 150 f. 3d 132, 137 (2nd Circuit, 1998) where it was found that under the “ordinary observer” test, two works are substantially similar where the ordinary observer, unless he set out to detect the disparities, would be disposed to overlook them, and regard the aesthetic appeal of the two works as the same.

The District Court then addressed Colting and his publisher’s claim that their novel “60 Years Later” and its protagonist Mr C constitute fair use of Salinger’s copyrighted work.

The court noted that at the constitutional level, while the “Copyright Clause and the First Amendment [are] intuitively in conflict, [they] were drafted to work together to prevent censorship” such that “the balance between the First Amendment and copyright is preserved, in part, by the idea/expression dichotomy and the doctrine of fair use”.

In the United States, the doctrine of fair use was codified in section 107 of the 1976 Copyright Act, which called for a four-factor test:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

The court weighed up these four factors in the aggregate and concluded that because Salinger had established a prima facie case of copyright infringement, irreparable harm from that infringement is presumed – so the court preliminarily enjoined Colting and his publisher from manufacturing, promoting, selling, or otherwise disseminating any copy of “60 Years Later” in or to the United States.

Appeal of Decision

Lawyers for Fredrik Colting and his distributor filed an appeal on 23 July 2009 with the Second Circuit Court of Appeals arguing that the injunction barring publication of Colting’s “60 Years Later: Coming Through the Rye” is an “impermissible prior restraint and an unwarranted extension” of copyright protection.

Where the case is up to

A three-judge panel of the US 2nd Circuit Court of Appeals heard arguments in early September 2009 against the injunction.

On 30 April 2010, the appeals court sent the case back to the lower court to determine whether Salinger’s trust will suffer irreparable harm from the publication of Colting’s book.  But in its ruling, the appeals court made clear that it expected Salinger’s trust to prevail.

“Most of the matters relevant to Salinger’s likelihood of success on the merits are either undisputed or readily established in his favor,” the court ruled.

Australian Law

This all raises the question as to whether there is any basis under Australian copyright law or other laws, to allow an author of an original work of fiction to restrain such a book being re-written, for example, in a different time or place but with the same character or characters, or simply restrain a character being recycled in another work.

Where and how does the law balance the rights of the author to maintain control over their fictional characters and the rights of other writer’s to create new works using those characters and therefore contribute to the overall literary culture for the public to enjoy?  Or if existing characters are cordoned off, will the so-called fan author be forced to devise their own characters, thereby enlarging the literary catalogue?

This also raises the question of the need to give authors the economic incentive to create their fictional works in the first place by according those authors copyright in their works – not only enabling the author to prevent the direct verbatim copying of the text of their works, but also the right to write a sequel or prequel, and the right to adapt the work into another medium such as a film.

The issue of character appropriation also highlights the ideas/expression dichotomy.  While there is no copyright in broad-brush generic characters such as star-crossed lovers or evil villains, at what point (if any) – moving along the continuum – do characters become so well defined and originally crafted that they should attract copyright protection.

It is fair to say that under Australian copyright law, “characters” do not receive separate discrete copyright protection.  A literary, non-graphic character can only be a literary work in itself, or a component of a literary work.

Nevertheless, it may be argued that if a new author takes a pre-existing character’s name, described appearance, personal traits and borrows (or steals) from the original character development, reviewing the character’s history and even refers to earlier important plot incidents which shaped the character – it may be argued that if all of those things appear in a sequel, then the author of that sequel has taken a “substantial part” of the original work by appropriating the character pursuant to section section 14 (1) (a) of the Australian Copyright Act.

As we know, when assessing whether a “substantial part” of an original work has been appropriated, courts in Australia will look at the quality or “value” of what has been taken much more so than the quantity of what has been taken.

The test that is often cited is Justice Peterson’s in University of London Press Ltd v University Tutorial “rough practical test” – namely, what is worth copying is prima facie worth protecting”.

But a character can never really be copied in the same way that copying text verbatim can be.  A character can only be re-crafted by the appropriator, who must choose their own collection of words to regenerate the character.

A test which Australian courts would seem likely to adopt was outlined in Zeccola v Universal City Studios where Justice Gray said (at first instance) that the question of substantial similarity “ultimately comes down to the subjective impression of the judge who makes the comparison” between the original work and the appropriated work.

But the possible danger of that test is that judges then become literary and artistic critics, which is probably not what judges are employed to do!

Australian Copyright Law – Defences to Infringement

If it can be established that a literary work has been substantially reproduced (or communicated to the public) by the appropriation of a character, the next issue that arises is whether any defences are available to the infringer.

Under the Australian Copyright Act, possible defences would be fair dealing for the purpose of “criticism or review” and also possibly fair dealing for the purpose of “parody or satire”

Other Breaches of the Law

It also needs to be pointed out that unauthorised sequels may fall foul of other areas of the law.

These include “misleading and deceptive conduct” under section 52 of the Trade Practices Act 1974 (Cth) and its State-based equivalent Fair Trading Acts.  Also, under section 53 (d) of the Trade Practices Act, a corporation (which would be the publisher) shall not represent that it has a sponsorship, approval or affiliation it does not have.

There is also the common law action of passing off.

It could also be argued that the unauthorised sequel breaches the moral rights of the original author.

Conclusion

Perhaps I’ll leave the last word to Holden Caulfield himself.  While Holden Caulfield was trying to think of a profession that he would enjoy, he concluded that although “lawyers are alright” he would not want to be one because “even if you did go around saving guys’ lives…how would you know you weren’t being a phoney?  The trouble is, you wouldn’t”.

That’s a wise observation indeed from a mere fictional character!!!

Shaun Miller is a Partner at Marshalls & Dent Lawyers.  This article is based on a seminar paper that the author presented at a seminar on unauthorized sequels at the Intellectual Property Research Institute of Australia (IPRIA) at the University of Melbourne on 8 October 2009

(return to the top of this edition)

Garry Fabian

Compiled by Garry Fabian

MELBOURNE, 7 April – Jewish people should  carefully examine the ideologies of humanitarian groups they donate to, an aid expert warned this  week, after it was revealed that an  Australian-funded soccer stadium in the West Bank  has been named after a leading terrorist.

Jewish Aid Australia (JAA) CEO Gary Samowitz said  donors need to be diligent when deciding where to give their charity.

“A lot of the time, they don’t know where their funding is going. They just give, and then they get a nasty surprise,” he said.

Samowitz was commenting after news emerged that Palestinian authorities are planning to name a  sporting complex in Jenin, which contains a  soccer field funded by World Vision Australia, the Abu Jihad Youth City.

Abu Jihad, also known as Khalil al-Wazir, was a commander of Fatah’s armed wing and plotted
several attacks on Israel in the 1970s and 1980s.

A World Vision Australia spokesperson has stated the aid group did not have anything to do with the naming of the complex.

“Subsequent to our work establishing the soccer field, the governor of Jenin and the ministry of
youth and sport have embraced it and determined they will build additional sports facilities on the site,” she told media.

Samowitz said that JAA does not work with WorldVision “because we don’t want Jewish funding
going towards a project like this, obviously”.

He said a lot of aid organisations “have quite a firm stance” on the Israeli-Palestinian conflict.

By contrast, JAA recently worked with Care Australia, distributing $140,000 in funds raised
by the Jewish community towards the Haiti earthquake appeal. “Care Australia are
non-political and non-religious .We’ve met with them and we’re assured they’re an organisation we can trust and they’re not anti-Israel.”

^
Community mourns Nehama Patkin

MELBOURNE, 7 April -The arts and education communities are in mourning following the deathof acclaimed pianist Nehama Patkin, aged 70, on the weekend.

Patkin died of complications related to an infection in her hip and was buried Sunday at the
Melbourne Chevra Kadisha cemetery in Lyndhurst.

Patkin’s parents, Benzion and Hemda, migrated to Australia from Palestine in 1929. Benzion was instrumental in the establishment of Mount Scopus Memorial College and Patkin was part of the school’s first enrolment of students in 1949.

At the age of four, Patkin began learning the piano, starting a lifelong passion for music.

After completing her studies at Mount Scopus, she attended the University of Melbourne and
graduated with a bachelor of music in 1959, followed eight years later by a masters degree.

She played piano in competitions and was trained in guitar, oboe, flute and dancing, with further study to teach creative movement dancing.

Patkin was involved in a Jewish theatre group, the Habima Players, and it was there that she met Peter Grodeck. They were married in 1959.

The renowned performer’s involvement in music continued to grow, becoming an accompanist for ballet schools. She was also one of the first presenters on the ABC TV series Playschool.

In 1970, she composed the musical score for The Australian Ballet Company’s  production Arena, which was performed around Australia.

Over the years, she played piano concertos with all the Australian symphony orchestras, as well as guest appearances with orchestras in Brazil, Hawaii and Germany. She was also awarded life membership of the Friends of the Israel Philharmonic Orchestra.

Patkin was a regular performer at community functions and was director of Victoria’s Israeli
Independence Day celebrations for eight years, as well as directing similar functions interstate.

A member of the board of governors of the Malcolm Sargent Cancer Fund for Children, she also
received a Churchill Fellowship in 2003, the Order of Australia (OAM) medal in 1998 for
service to the community, and was appointed an Australia Day ambassador in 2008.

Patkin was a lecturer at the Victorian College of the Arts and established the Young Musicians of Excellence to provide high quality orchestral music for children.

She leaves a partner Kenneth Madl, two sons, Anton and Damien Grodeck, and two grandchildren, Ben and Adam Grodeck.

When Ben graduated from Mount Scopus Memorial College in 2008, he created history in becoming the first third-generation graduate of the school. Mount Scopus Memorial College principal Rabbi James Kennard said: “The Mount Scopus community
fondly remembers Nehama Patkin as one of its first students.

“Her immense contribution to the fields of music and music education, her roles as teacher, mother and grandmother of our students and enthusiastic supporter of the college, make us proud to have counted Nehama as one of our graduates.”
*
Dream start for 2010 season for young footballers

SYDNEY, 8 April – Maccabi HaKoah’s Youth Development sides have immediately showed the
fruits of their pre-season labour, picking up four wins from five starts to kick-off their 2010
campaign in late March. The club travelled to Nowra, where they impressed against Southern
Region, a club that was in the Super League in 2009.

The under-13s set the tone, notching a 1-0 win despite a first half that would have delighted coach Barry Walker.

Only some brilliant goalkeeping kept out Jake Berkowitz, Zach Edelstein and Jordan Ozana.
Barely five minutes had elapsed in the second period when Mikey Herman slipped a seemingly
innocuous shot past the otherwise impeccable keeper, but the rest of the half was spend fighting superbly.

Dan Engelman and Simon Rouse led the way, while David Booth’s two crucial saves ensured a clean sheet.

The under-14s went down 1-2, but showed enough promise to please coach Nick Tredler. Anton
Loutas opened the scoring, single-handedly beating the defence on a run from midfield, before finding the net in spectacular fashion.

Hakoah found themselves on the back-foot in the second half, but despite the outstanding form of Max Nightingale in goals, Southern got the points.

The under-15s took to the field with the memory of their coach Iggy Grey still burning fondly.
After a good spell of early possession, Sam Wrublewski launched a drive at full throttle,
which flew into the top left corner.

Midfielders Robbie Ezekiel, Josh Orly, Ilan Kessler and Josh Shubitz soon took charge. With
10 minutes to go in the first half, Justin Malek stepped up and scored from 25 metres out.

The boys wavered under the relenting heat in the second period and Nowra took possession and had several concerted moves on goal. Engelman, Schwartz, Hamburger and Karpin maintained a solid defence to keep an impressive clean sheet in a 2-0 win.

The under-16s showed solid form to storm home after an early deficit to win 6-4. Maccabi took a commanding lead before the heat took its toll and both sides succumbed to late goals.

Rami Tal (2), Aydin Dervis (2), Jake Wakil and Jake Nightingale got on the board.

The under-18s ran riot, winning 12-1, with Daniel Toblib bagging four goals, Martin Baer 2, Jack
Watts 2, and Josh Grunfeld, Max Kanicevich, Steven Filler and Ollie Corey the other scorers.

Meanwhile, the State League senior side warmed up for the season with a 2-2 draw, while the
reserves won 1-0, thanks to Hayim Ayalon.

Real Estate Agent targeted over Israel support

MELBOURNE, 9 April – A local real estate agent was accused of “supporting 62 years of terror”
last week after erecting a sign backing Israel ahead of Yom Ha’atzmaut.

The slur was made in an anonymous letter sent to LJ Hooker Elsternwick.

The letter also called the agents “traitors” and included the threat, “take that board down or your business will suffer”.

Director of the family run company Alex Flamm, who together with his sons, Oren and Golan, are the faces of the agency, said the company has never been targeted like that before.

“[I feel] absolutely ropeable, angry and infuriated by the ignorance of the idiot that
sent it,” he said. “The person who sent the letter is voicing his patriotism the only way they know how and that is by threats, while at the same time accuse the Jewish people of having
achieved statehood by using “terror”.”

Flamm said he is not “paranoid” about anti-Semitism, rather, he is proud of his Jewish
heritage and disappointed about the “few morons” who “are capable of writing hate mail filled with their version of terrorism and threats under the guise of their patriotism”.

Flamm has reported the letter to the police and Community Security Group.

While the anonymous nature of the threat makes it difficult for the police to act on, Senior
Constable Deryn Boote from Caulfield Police Station has referred the matter to the Divisional
Intelligence Unit based at Moorabbin Police Station.

That unit was set up in recent years to gather information on anti-Semitic and Israel-related
offences in Victoria. The sign, which was situated on Glen Eira Road, was still visible
early this week, but Flamm said it would be removed to protect his business.

LJ Hooker is one of a handful of real estate agents who are active in supporting the local Jewish community and Israel.

*
Love is the perfect recipe for Cellulloid Soup

MELBOURNE, 9 April – Kosher Lovin’ is the catchy title of this year’s Celluloid Soup Film
Festival, which is seeking entries of short films that touch on aspects of love in the Jewish community.

The festival aims to bring the community together, fostering talent and creativity through
film, at the same time exploring the cultural and religious experiences of the Jewish community

This is the 12th year that Celluloid Soup has been held and it even boasts an Oscar winner
among its past entrants – 2008 Academy Award winner Eva Orner had an entry in the 1998 competition.

“The idea is to have fun and present an exciting festival of films,” said producer Adam Krongold,
who is guiding this year’s festival.

“All people have to do is make a film on the Jewish theme of Kosher Lovin’, make it with
passion and ensure that the result is no longer than seven minutes.”

Krongold said the aim of Celluloid Soup is to promote awareness of the Jewish community through the medium of film.

On the Celluloid Soup website there are some ideas – serious and tongue-in-cheek – on the
theme of Kosher Lovin’ including “Bubba, I’d love another piece of brisket”, Love thy neighbour, and Jewish relationships with the non-Jewish such as love of Kevin Bacon or just bacon.

Earlier this year Celluloid Soup held a workshop covering all facets of filmmaking to help
prospective entrants learn more about the processes involved.

The course was held over five Sundays in conjunction with audiovisual resource centre Open
Channel and the Jewish Museum of Australia, and was attended by 14 people.

“It’s the first time we had run a course as part of the festival. We provided all the equipment
and covered everything from idea generation to editing,” said Krongold. “We received a lot of
good feedback and plan to run the course again before the next festival. And two films that were made in the workshop will be entered into Celluloid Soup.”

Krongold said that anybody could be a filmmaker, thanks to the low cost of digital video cameras.

“Even if you have a mobile phone that can take video, you are a filmmaker. But with more
understanding and guidance you can make a better film,” he said.

“It is important to use the medium to tell a good story and to make it engaging. It’s like telling
a joke – you don’t have much time to engage the viewer. A good story is important along with good filmmaking technique.”

Krongold, 38, said he has been involved in filmmaking since he was 10 whe he borrowed his father’s Super 8mm camera to make a home movie.

“It’s fun to look at those old movies again, which are very grainy compared to today’s digital quality.”

In 2002, Krongold directed a short film titled Not Without my Sheitel, which was entered into Celluloid Soup.

“I helped write the script and directed it when the director pulled out. Wedidn’t win the competition, but it was great to see it on the big screen and appreciate the fact
that it was being seen by people,” he said.

In 2005 Krongold left his work in the financial sector to study drama at the Victorian College of the Arts.

“The course included editing and film production, which I found very enjoyable.”

He also been involved in the production of several short films, works on radio station 3RRRR
and appears on the community TV show, The Shtick.

In 2006 Krongold was host of the Celluloid Soup awards night, in 2008 he joined the committee and this year he took on the voluntary role of festival producer.

“It’s important for people to get involved with the festival. When Eva Orner won her 2008 Academy Award (for Best Documentary for Taxi to the Dark Side) she said it was very rewarding being creative and important to be involved in filmmaking.”

This year the Celluloid Soup finalists will be screened at a gala night at The Astor Theatre, St Kilda on October 21.

“The judging panel will pick the best films from the entries, so the bigger the pool the better the quality.”

While the festival takes place in Melbourne, Krongold encourages entrants from around Australia to send in their films.

As part of Celluloid Soup there will also be a series of lectures from people in the industry.
On May 6 there will be a production and film writing workshop with producer Daniel Scharf; on
July 8 Shaun Miller will discuss the legal issues involved in making films; and on August 12 a
panel discussion on “Jews and Film” will feature Michael Hirsch from Working Dog filmmakers,
Natalie Miller of Sharmill Films and Roadshow Films managing director Joel Perlman.

*
Understand Israel, Australian Opposition Leader urges

CANBERRA,  8 April – Australian Federal Opposition Leader Tony Abbott’s warning to Kevin Rudd not to follow Britain’s lead and expel an Israeli diplomat has driven a wedge between the
Government’s and Coalition’s positions on Israel.

Together with Opposition foreign affairs spokesperson Julie Bishop’s call for restraint
over January’s passport forgeries, Abbott’s comments last weekend indicate an emerging Middle East policy different to Rudd’s.

It also looks as though the Middle East could become a hot political issue in the run-up to
this year’s federal election, with Bishop describing any potential diplomatic expulsion as “a vote-grabbing exercise”.

“It would be highly inappropriate [for the government] to take any action in the absence of evidence,” Bishop said.

She predicted the Government may release details of the Australian Federal Police (AFP) inquiry into the forgeries to distract the electorate from the influx of asylum seekers.

“Regrettably, that is typical Kevin Rudd . he does seek to find distractions to divert from
government failures,” Bishop said.

Abbott entered the fray after Rudd last week said the Government had not yet decided how to respond to the allegations of faked Australian passports.

An AFP investigation into Israel’s possible involvement is underway.

While the Liberal leader said he does not condone the forgeries, he gave a sober assessment of
Israel’s vulnerability and said any Israeli involvement should be viewed in that context.

The forgeries, which included four Australian passports, were apparently used to eliminate key
Hamas terrorist Mahmoud al-Mabhouh in a Dubai hotel in January. Fingers have been pointed at Israeli spy agency Mossad over the assassination.

“We can never forget that Israel is a country under existential threat in a way Australians
find difficult to understand. It’s also the only pluralist democracy in the Middle East,” Abbott
told The Weekend Australian. “It strikes me that it would be an overreaction to expel an Israeli diplomat.”

Abbott has been a long-time advocate of shared values between Canberra and Jerusalem.

The Coalition leader’s bid to supersize his commitment to Israel over the passport
allegations has placed pressure on Rudd to preserve his government’s credentials on Israel,
while the Jewish State weathers a crisis with Washington over new housing in Jerusalem.

In a flurry of developments, the AFP investigation was announced after Foreign
Minister Stephen Smith slammed any Israeli involvement as “not the act of a friend”, and
Israeli Ambassador Yuval Rotem was publicly named and shamed. Australia then abstained from a United Nations vote on the Goldstone report that Canberra was expected to oppose, but denied the vote change was linked to the passport affair.

Now Israel supporters fear the eviction of an Israeli diplomat could signal a true cooling in
Australia’s relationship with Israel.

Abbott and Bishop’s rallying call followed the Prime Minister’s wait-and-see approach, which he
conveyed on ABC Radio last week. It is known that Rudd has received a British report that concludes it is “highly likely” Israel had misused Britons’ passports.

Meanwhile, former prime minister Malcolm Fraser has backed calls for an Israeli diplomat to be expelled from Australia.

In an interview on ABC Radio on Monday, Fraser said Israel’s conduct was “totally and absolutely unforgivable and that Australia’s disapproval should be registered by an action not less than that which the British took”.

“I think there’s been a long history, if you like, of double standards. People will not do, in
relation to Israel, what they would do if the same action was conducted by some other country.”

Zionist Council of Victoria president Dr Danny Lamm told ABC presenter Jon Faine that Fraser has “an unhealthy obsession” with Israel.

Executive Council of Australian Jewry president Robert Goot also responded, saying “Now is the time to support and not isolate or punish Israel for either its policy on construction in
Jerusalem or any unproved transgression regarding passports.”

*
Lights …but no action

MELBOURNE, 9 April – In what is becoming a comedy of errors, observant Jews who do not press thebuttons to activate pedestrian crossing on Shabbat and holidays, were again left stranded at some key intersections in Caulfield and surrounding suburbs over Pesach, after a VicRoads plan to switch traffic lights to automatic failed.

Jewish Community Council of Victoria (JCCV) executive director Geoffrey Zygier said he
received reports about lights staying on manual at a couple of corners and he personally noticed that the lights at the corner of Glenferrie and Malvern Roads, near the Chabad House of Malvern, were not on automatic.

The light failures triggered an apology from VicRoads, with Duncan Elliott, regional director
for the Metropolitan South East region, stating that some lights “were not automated during this week’s holy period. VicRoads apologises for this oversight and will ensure that all lights are
automated during all future Jewish holy periods”.

Around 18 months ago, after two Jewish pedestrians were approached by police for
crossing the street illegally during the 2008 high holy days, a flurry of activity resulted in
an action plan involving the Jewish Community Council of Victoria, police, VicRoads and City of Glen Eira, which was meant to solve the problem by automating lights on Shabbat and yom tovs.

But the plan fell flat at its first major test, Pesach last year, and some corners also stayed on
manual lights during last year’s high holy days.

Zygier said this week the problem intersections over Pesach this year were in VicRoads’ domain, but he suspects that the plan was snagged by “staff turnover” in the organisation.
However, it was learned that the irregularity of when Jewish holidays fall on the secular calendar makes fully automatic programming for yom tovs difficult. Zygier complained to VicRoads about the latest system failure.

“It will be a case of reminding VicRoads every time there is a Jewish holiday,” he said,
although he believes the system should work without prompts from the community.

In 2008, six crossings, at Kooyong and Balaclava, Kooyong and Glenhuntly, Hawthorn and Glenhuntly, Hawthorn and Balaclava, Malvern and Glenferrie and Glen Eira and Kooyong Roads, were added to 18 existing intersections where traffic lights are
automated on Shabbat and Jewish holidays.

*
Local talent at Israel’s celebrations

MELBOURNE, 9 April – Following its success last year, Victoria’s Yom Ha’atzmaut annual gala
concert will again focus on home-grown talent.

Traditional favourites, including singer Brett Kaye and the Central Shule choir, will join more
contemporary beats from DJ Benny B, the first DJ to take part in the show. A 20-piece orchestra will also feature, in addition to performers on the bongos and oud, a middle-Eastern string instrument.

“There will be something for everybody,” concert producer and executive director of the Zionist Council of Victoria, Ginette Searle said of the April 19 show. “We are looking forward to what will be a very jubilant and exciting night.”

Past musical director Adam Starr will return to the role once again, however he has been
conducting meetings and rehearsals over Skype from Jerusalem, having moved to Israel for the year.

He will return to Melbourne a week-and-a-half before the concert to continue rehearsing, this time on a face-to-face basis.

Sydney performer Natalie Gamsu with, what Searle called, her “amazingly, powerful voice” will
headline the concert, while Deborah Leiser-Moore will return as show director and Guy Dvir-Ovadia as audio-visual producer and choreographer.

With the audience always keen to get involved, Searle said there will be a sing-a-long segment
lead by visiting emissaries from Israel and musician Alana Bruce, who will encourage the audience to be a part of the show.

“This is how our community celebrates Israel and Yom Ha’atzmaut,” Searle said. “We always need to get behind and support Israel. This is how we celebrate the relationship between Australian Jews and Israel.”

The backdrop of the concert will feature video footage shot by Dvir-Ovadia on a recent trip to
Israel. Other video clips will include surprise tributes and messages from some of Israel’s most famous people.

It will be the last year the concert is held at the Art’s Centre’s Hamer Hall for a number of
years due to renovation plans. With tickets currently on sale, Searle said the booking system couldn’t be easier.

*
Flare-up over priest’s remarks

SYDNEY, 10 April – Jewish-Catholic relations in Australia will not be damaged by offensive
comments made by a high-ranking Catholic priest during Easter, according to interfaith relations expert Josie Lacey.

Father Raniero Cantalamessa, who it has been reported is the only person allowed to preach to
Pope Benedict XVI, quoted a letter from a “Jewish friend” at an Easter service.

In a speech that was reproduced in the official Vatican newspaper, the priest said the attacks
against the Church over allegations it had covered up child abuse were just like the “more
shameful aspects of anti-Semitism”.

He soon issued an apology, asking for forgiveness and distancing the Pope from the address, saying the Pontiff had not been informed of it before the service.

Sydney-based Lacey called on Father Cantalamessa to reveal his anonymous friend. “If you don’t have a name, it is an allegation, it is nothing,” she said of his statement.

The chair of the NSW Jewish Board of Deputies interfaith committee said relations between the
Catholic Church and Jewish community in Australia are strong, despite some concerns about this papal regime. “I think people have to realise, even the hierarchy in the Catholic Church have their own opinions, there are not universal, blanket opinions about anything.”

She agreed that every Easter, matters of contention between the two faith communities seem
to arise, and it was something that a Jewish delegation to World Youth Day had sought to rectify.

These sorts of offensive flare-ups are not expected to stop until the whole Catholic world
accepts the ruling from Vatican II in 1965 that Jews were not responsible for the crucifixion of
Jesus and calling for an end to anti-Semitism, Lacey said.

“Although the enlightened Catholics understand Vatican II, there are all these people who have
never heard of it from Third World countries, and I think it is still in their folklore.

*

Fabian is Australia bureau chief for San Diego Jewish World

JJ Melligan gave Orient a shock lead from the spot after 38 minutes before United hit back through Greg Halford and Billy Sharp. Kyle Naughton’s second senior goal put the Blades 3-1 up before Halford sealed the win with a header 12 minutes from the end.

Greg Halford

United will face Charlton in the next round after Darren Ambrose’s goal helped them beat Norwich 1-0 at Carrow Road to register their first win in 19 matches.

Swansea will play Portsmouth in the next round after they ran out 2-1 winners at Bridge Road despite a spirited effort from non-league Histon. The Swans broke the deadlock with a 25-yard screamer from Gorka Pintado before Guillem Bauza added a second.

The Blue Square Premier side sensed a way back in to the game when they pulled one back through Josh Simpson but could not find an equaliser.

Millwall set up a fourth-round tie with either Newcastle or Hull as they beat Crewe 3-2 at Gresty Road.

Crewe took the lead through Luke Murphy but were immediately pegged back by a Scott Barron strike before Neil Harris restored the visitors’ lead – and broke Teddy Sheringham’s club scoring record. Shaun Miller levelled with a right-foot strike shortly afterwards before Zak Whitbread’s header put the Dons through with four minutes left.

Cheltenham and Doncaster will replay after playing out a goalless draw at Whaddon Road.

Jay Rodriguez struck in the last minute of extra-time to give Burnley a 2-1 win over Championship counterparts QPR at Turf Moor.

The sides went into the additional period after Steven Thompson had cancelled out Samuel di Carmine’s opener for QPR 15 minutes into the second half. The match looked set for penalties before Damion Stewart’s mistake allowed Rodriguez to score the winner to set up a fourth-round tie with Premier League side West Brom.