Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Check Snopes. Please.

Always check Snopes before you post the latest viral chain memetic agent.  Quest.  Thing.

The misinformation du jour relates to having to post something on your Facebook wall [1] to keep the company from appropriating your pictures, posts, etc. and using them for their own nefarious purposes.

Oh noes!

Needless to say, there are a lot of people doing exactly that.  They are also encouraging others to do so, too, despite the fact that... well, it's useless.  And annoying.  So, you know, don't do that.

Besides - Batman disapproves, and you don't want to be on Batman's wrong side, now, do you?


[1] Yes, yes.  I know it is a "timeline" now.  I am officially an old fart.  Now get off my lawn, you dang kids!

"One does not simply use the word 'Hobbit'."


One does not simply use the word 'Hobbit'. The Tolkien estate is guarded by more than just Lawyers. There is evil there that does not sleep, and the Great Eye of Warner Brothers is ever watchful of its Intellectual Property. Hollywood is a soulless wasteland, riddled with narcissists and Democrats and Kardashians, the very society is a poisonous fume. Not with ten thousand men could you defend this. It is folly.

Truthiness In Law Enforcement

Indy Week reports that several Durham police officers lied about non-existent 911 calls to persuade residents to allow them to search their homes.
According to a department memo, the officers used fabricated 911 calls for the purpose of obtaining consent to enter residences where they believed wanted individuals with outstanding warrants might be living. However, officers were willing to use the ploy to cast a broader net in at least one case — the hearing where the tactic surfaced involved a defendant charged with marijuana possession after the officer discovered marijuana in her home.
Honest mistake, really. I mean, did anybody specifically tell them, as part of their training, that lying was wrong? What we have here is a failure of the system. We are all to blame, really, for letting these poor officers down.

Of course, if you violate a section of the penal code so obscure that the DA has to dig through 100 year-old documents to find mention of it, that's different, scumbag. Ignorance of the law is no excuse.

How George Got His Groove Back

Zimmerman, 30, whose arsenal was confiscated in November following a domestic dispute with his girlfriend, picked up his four firearms, including a shotgun and an assault rifle from the Seminole County Sheriff’s Office in Sanford, Fla., this week.
An arsenal?
Returned to Zimmerman were an Interarms .380-caliber handgun, a Glock 19 handgun, a Kel-Tec 12-gauge shotgun and an AR-15 assault rifle.
I repeat - an arsenal?

Maybe it's a Western PA thing, but that sounds like barely enough kit for a good day out in the woods during buck season...


Rage

A Texas teenager killed four people while driving drunk in June. Prosecutors pushed for a 20-year sentence, but a judge sentenced the teen to 10 years probation and no jail time.
He must have had a real sob-story to get that much sympathy, right?
A psychologist testified for the defense that the teen was a product of something he called "affluenza." He meant Couch doesn't link bad behavior with consequences because his parents taught him that wealth buys privilege.
... privileges like, say, getting a slap on the wrist for stealing beer, driving drunk, and killing four people?

Yeah, thanks, judge Judy or whoever you are.  You're really showing him that actions have consequences!  Man, once he gets out of that $500K California rehab vacation visit his folks are springing for, I am totes sure he will have finally learned his lesson!

Well, a lesson, at least.  Probably the exact opposite of the lesson that he needs to learn, but, eh.  It's not like he killed anyone!

Anyone important, I mean.

Rope.

Massad Ayoob on Zimmerman

A continuing series of articles from Backwoods Home Magazine.
Part 3: "Who Started It?" 
Part 5: The Gun Stuff
I hardly suppose that he's done with the series...

Updated: Nope!  I'll add links to additional postings as they appear.
Part 8: The Quantity of Injury Argument (7/24/2013)
Part 9: The Propaganda Factor (7/28/2013)
Part 10: The Semantics (7/31/2013) 
Part 11: Rating The Lawyers (Defense) (8/4/2013) 
Part 12: Rating The Lawyers (Prosecution) (8/8/2013) 
Part 13: Angela Corey (8/12/2013) 
Part 14: The Judge (8/18/2013) 
Part 15: Talk at the Scene, Talk on the Stand? (8/22/2013) 
Part 16: The Impact on the Black Community (8/29/2013) 
Part 17: The Cops (9/3/2013)  
Part 18: Aftershocks (9/8/2013)  
Part 19: Lessons (9/12/2013)  
Part 20: ... and Into the Future (9/13/2013)  

No, It Is NOT A "How To" Guide

Well, at least no intentionally.  Presenting... the DoD's Encyclopedia Of Ethical Failure!
The Encyclopedia of Ethical Failure [PDF, there is a Word file direct from the DoD] is 167 pages of stories of elaborate frauds, scams, and abuses of power in the US government. Interestingly, the sarcasm-filled document is also published by the US government, to help illustrate how government workers get in trouble.
Some interesting tidbits:
Two workers at the Veterans Affair’s Consolidated Mail Outpatient Pharmacy, which mails prescriptions to veterans, were charged with taking kickbacks for purchasing a product from a supplier at more than twice the normal price. The product? Red tape. 
An Assistant Secretary of Telecommunications and Information within the Department of Commerce spoke with ethics officers about a small dinner party she was having at her home but neglected to mention: a) the party was for between 60 and 80 people and b) it was paid for by companies she was responsible for regulating. 
A Department of Homeland Security border officer was fired for misuse of government property after he flew a multi-million dollar DHS helicopter to his daughter’s elementary school and landed it on school property.
And my favorite so far:
A concerned citizen contacted the Inspector General after seeing a Blackhawk helicopter parked in a field behind a restaurant. Inside, he found five service members that had stopped for lunch and were enjoying their meal with several civilians. An investigation revealed that the soldiers were on a training mission, but they had properly listed the restaurant stop in their mission plan. Since the stop was properly listed, the soldiers had not violated any regulations, but they still received verbal counseling because their actions created an appearance of impropriety.

Ask Jay!

I have commented before on Jay Carney's inability to answer questions.  Now, thanks to the folks at Yahoo! News, for the first time you can see just how this master dissembler goes about answering (or, more to the point, not answering) the various queries that have been put to him during the past few years!
 

Hemp Shortage in 3... 2... 1...

Seriously.  If all y'all government idiots keep this up, we're going run out sometime in October.

First up, a young Texas man (yeah, yeah - he just turned 19, so technically still a teenager) has been in jail since March for the heinous crime of trash talking during a League of Legends game.

A Texas teenager who has been in jail since March faces an eight-year prison sentence because of a threatening joke he made while playing an online video game.

In February, Justin Carter was playing “League of Legends” — an online, multiplayer fantasy game — when another player wrote a comment calling him insane. Carter’s response, which he now deeply regrets, was intended as joke.

“He replied ‘Oh yeah, I’m real messed up in the head, I’m going to go shoot up a school full of kids and eat their still, beating hearts,’ and the next two lines were lol and jk,” said Jack Carter, Justin’s father, in a statement to a local news channel.
What the... seriously?  You have got to be kidding me.  I see far, far worse in WoW trade chat on any given evening.  It's a tasteless joke, sure; but in context, any reasonable person would figure he was just exaggerating for effect.  Unless, of course, you're the woman who reported him:

But a Canadian woman who saw the post looked up Carter’s Austin address, determined that it was near an elementary school, and called the police. Carter was arrested one month later, and has been in jail ever since. He recently celebrated his 19th birthday behind bars.

Looked up his address?  Why?  If you honestly thought he was a threat to someone, why bother with that step?  Did she think he was a lazy psychotic killer?  "Oh, man, I'd totally go commit unbelievable acts of violence, but I'd have to walk, like, three blocks.  Maybe next week." [1]

Meanwhile, if you're the police, why do you put this guy in jail over something like this?  Investigate him, sure.  Have someone with experience in diagnosing mental illness check him out, and if he is really disturbed, get him somewhere where he can be treated.  Do something proactive instead of leaving him to rot in jail for the crime of making a tasteless joke.

Either there is way more to the story, or there are some folks in Austin whose careers deserve a good ol' length of hemp.

Next, we have a University of Virginia student charged with three felonies because Virginia state Alcoholic Beverage Control agents are (a) thuggish idiots who are (b) incapable of telling the difference between a case of beer and a case of water, and (c) can't grasp the concept of "check out the situation to make sure we're not endangering ourselves or others before performing the canonical example of a career-limiting move":
When a half-dozen men and a woman in street clothes closed in on University of Virginia student Elizabeth Daly, 20, she and two roommates panicked. 
That led to Daly spending a night and an afternoon in the Albemarle-Charlottesville Regional Jail. Her initial offense? Walking to her car with bottled water, cookie dough and ice cream just purchased from the Harris Teeter in the Barracks Road Shopping Center for a sorority benefit fundraiser.

A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun. Unsure of who they were, Daly tried to flee the darkened parking lot. 
"I couldn't put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were ... terrified," Daly stated.
Good Lord. Six plainclothes law enforcement officers, one with a gun drawn, jump a young lady and her friends in a dark grocery store parking lot.  What a great idea!

Now, I know that under those circumstances, my first thought would be, "Wow, this totally normal, and exactly the way that I would expect police to approach me!" [2]

However, Ms. Daly had the entirely unreasonable view that she and her friends were in terrible danger, merely because they were being attacked by gun wielding thugs [3] who were yelling at her, jumping on her car, and trying to break her windows.  How ridiculous, right?  I mean, it's not like anybody has ever impersonated a police officer.

Riiight.  I wonder if Harris Teeter sells rope?  We could use six lengths, I think.

So, naturally, she is the one who ends up being charged with a crime:

Prosecutors say she apologized profusely when she realized who the agents were. But that wasn't good enough for ABC agents, who charged her with three felonies. Prosecutors withdrew those charges Thursday in Charlottesville General District Court, but Daly still can't understand why she sat in jail... 
Agents charged Daly with two counts of assaulting a law enforcement officer and one count of eluding police, all Class 6 felonies carrying a maximum penalty of five years in prison and $2,500 in fines per offense.

Thankfully, the charges were dropped.  Kudos to Charlottesville Commonwealth's Attorney Dave Chapman for having the good sense to look at the situation sanely.  I can only hope that some good will come out of this situation.  By which I mean, everyone involved in this dunder-headed bit of idiocy gets busted back down to zero, tossed out of their agency, and ends up having to work the graveyard shift   as a Wal-Mart greeter for the remainder of their days.

[1] Just in case you're concerned about my mental health, dear reader, pleased be advised that this is an example of a what we edumacated types call sarcasm, which involves the use of irony to mock or convey contempt.
[2] That would be another example of sarcasm, just in case you're keeping score.
[3] Feel free to substitute "ABC agents" if you're feeling pedantic.  Not that there's much difference between the two in this story.

Tugging On The Mask

Glenn Greenwald - like the majority of Americans - has some issues with the mainstream media:
But it is true that the Guardian generally, and me in particular, are outsiders, not members of the Beltway establishment media clique. I’ve purposely made myself an outsider by very aggressively and harshly criticizing not just the culture itself but the most prominent members of it, including David Gregory and Andrew Ross Sorkin, who this morning suggested on CNBC that I be arrested.*
And yes, Sorkin did suggest that Greenwald was aiding Snowden, and that he should be arrested for it. He's trying desperately to walk back that statement, but it was a pretty blatant accusation.
Some of what is driving this hostility from some media figures is personal bitterness. Some of it is resentment over my having been able to break these big stories not despite, but because of, my deliberate breaching of the conventions that rule their world.

But most of it is what I have long criticized them for most: they are far more servants to political power than adversarial watchdogs over it, and what provokes their rage most is not corruption on the part of those in power (they don’t care about that) but rather those who expose that corruption, especially when the ones bringing transparency are outside of, even hostile to, their incestuous media circles.
Sometimes, the media lets their mask slip, and you catch a glimpse of the evil that lurk behind it.  In this case, Greenwald took hold of the mask and gave it a good hard yank, and what's exposed is not at all attractive.

The Ides of March, Gobbler's Knob Edition


Does Punxsutawney Phil deserve to die? 
Punxsutawney Phil may have given his last forecast.
A prosecutor in Ohio is seeking the death penalty for the world-famous groundhog who emerged from his Gobbler's Knob home on Feb. 2 and did not see his shadow. His handlers proclaimed: “And so ye faithful, there is no shadow to see, an early spring for you and me.”
Michael T. Gmoser, prosecuting attorney in Butler County, about 20 miles north of Cincinnati, said on Thursday that Phil's misrepresentation of an early spring warrants the death penalty for the irrepressible rodent.
“Let's face it, Punxsutawney Phil has let us down,” Gmoser said, tongue firmly in cheek, after filing the necessary court documents.
My wife's granmother used to eat groundhog on occasion.  Given the snow on the ground this morning, I am more than willing to break out the hot sauce and see what a Punxsutawney burrito would taste like.

Some Quotes

Posting has been very light lately, as work and home have conspired to keep me hopping.  I have come across several good quotes in my brief stints of wading through the intarwebs, however...
Technology won’t solve all problems but proper application of technology will reduce many problems to soluble multiple problems.

... cheap energy solves most problems; and if your philosophy is one of distribution of resources, then it helps to have a large pie to distribute.

... the law isn’t able to prevent all bad things from happening. It can only try to punish the perpetrator after the fact, and that doesn’t mend a broken life or repair a deep trauma.

Then we start doing mash-ups and before too long, you're celebrating Canada Day by eating bratwurst tacos in a pita-bread shell at a faux-English pub in Nebraska.  You want culture?  We're a heated cabinet fulla Petrie dishes and they're all kinda porous!
If you catch up to society as it’s pushing leftward and say “Hey guys, I think we should go leftward even faster! Two times faster! No, fifty times faster!”, society will call you a bold revolutionary iconoclast and give you a professorship.
Oh, one final thing.  We've apparently got mandarins, now, as well as praetorians.  Both of which would very much like us peons to just stay in our assigned roles.  Which is kind of bogus, since what we really need are more free men and women.  We're not going to get off of this mud ball if the primary output of our society are "leaders" who get all starry eyed about the failed social models of long-gone empires.

Criminal Love

A Florida man releases some balloons with his sweetheart for Valentine's day, and is promptly arrested.
Anthony Brasfield saw romance when he released a dozen heart-shaped balloons into the sky over Dania Beach with his sweetie. A Florida Highway Patrol trooper saw a felony...  
Brasfield was charged with polluting to harm humans, animals, plants, etc. under the Florida Air and Water Pollution Control Act... 
Between 2008 and 2012, the Florida Department of Law Enforcement said there were 21 arrests statewide under the rarely used environmental crime statute. The third-degree felony is punishable by up to five years in prison. 
Yes, you read that right.

Five years.

FIVE. YEARS.

For releasing balloons.

This makes every child who's ever had a helium balloon in Florida a felon, because you know how well they manage to hold on to them...

Hemp.  It's environmentally friendly, biodegradable, and disposing of it does nor harm humans, animals, or plants!  It's a win-win!

Which is just another way of saying... rope.

Linked List


Glanced at briefly, filed away for future reading, and presented here for your edutainment.

Please To Meet You, Won't You Guess My Name

Yesterday's Tampa Bay Times reports on the jailing in late November in Pasco County Florida of Shanita Marie Burden on charges of driving with a counterfeit car tag, driving without a Florida license (her South Carolina license was suspended), and giving a false name to police...
Burden insists she is Zuri Akila Betiti Matawala Zurj-Bey, a "grand sheikess" in the Moorish Temple of Science of the World... [She] claims she was born of a religious conversion last year and that she declared her former self, Shanita Burden, dead. She then made herself the personal representative for Burden's estate and filed court papers declaring this. At a Nov. 19 arraignment on the traffic charges, Bey, identified herself only as "flesh and blood."
I need to remember that introduction.  "Hello.  I am flesh and blood."  Sure to be a real ice-breaker.

This Legal Brief Was Brought To You By The Letter "F"

Because "F" is for "Fail", and that's apparently what the Florida Attorney General's Office does at math.  As Eugene Volokh points out:
99% Chance That This Florida Attorney General’s Brief Was Filed by Someone Not Licensed to Practice Law

Odd, you say — wouldn’t it be pretty likely that whoever is signing the brief is likely licensed to do so? Well, I can prove it: Less than 1% of the Florida population is licensed to practice law. Thus, given the small percentage of the population that is licensed to practice law, the overwhelming majority of briefs are not licensed. Thus, my suspicion that the brief was signed by someone who isn’t licensed would be reasonable because, in any given case, there would be, statistically speaking, a 99% likelihood of unauthorized practice of law.

Nonsense!, you say. Nonsense indeed — yet it is the argument that the Florida Attorney General made with regard to licenses to carry concealed firearms.
Oops.

"Sneaky little mathses. Wicked, tricksy, false!"

Lawyer Clown Is Not Amused

If the B.C. lawsuit against Google for its data mining of Gmail is successful, it has the potential to make anti-spam and anti-virus software that scans emails illegal.
Similar cases have been launched in the United States, where Eric Goldman, a professor at Santa Clara University School of Law and director of the High Tech Law Institute, has characterized them as “are-you-kidding-me” lawsuits.

“If electronic scrutiny of private email constitutes an interception then all anti-spam software violates that as well … the same probably with virus checkers,” Goldman said when asked about the lawsuit filed Thursday in BC Supreme Court.
Well, it is the silly season, after all.

I'm sure that the courts will recognize that this is not only a frivolous lawsuit, but one that has the potential to destroy 40 the last years of communications technology.  No way that they'll side with this schlub against the entire rest of the world, just to stick it to an ebil, ebil corporation.

Heh.  Nah, just kidding.  We're doomed.

ORLY?

Missed this the first time through; fortunately, Jerry Pournelle (and one of his readers) were on the ball...

One of the reasons why we live in such an innovative society is that we've (for the most part) enabled a permissionless innovation society -- one in which innovators no longer have to go through gatekeepers in order to bring innovation to market. This is a hugely valuable thing, and it's why we get concerned about laws that further extend permission culture. However, according to the former Register of Copyrights, Ralph Oman, under copyright law, any new technology should have to apply to Congress for approval and a review to make sure they don't upset the apple cart of copyright, before they're allowed to exist. I'm not joking.
 As Mr. Pournelle commented, "The United States was formed to protect liberty. It now has a major party that is afraid that someone, somewhere, is doing something without permission."

Rope.

Neil Young's Surprising Comments On Piracy

Though his recent statements are unlikely to shock the many young music fans who grew up downloading albums and songs illegally, many were surprised when Neil Young said he didn't really mind piracy.
"It doesn't affect me because I look at the internet as the new radio," Young said in January. "I look at the radio as gone ... Piracy is the new radio. That's how music gets around ... That's the radio. If you really want to hear it, let's make it available, let them hear it, let them hear the 95 percent of it."

Zimmerman, Texas, n'at

Came across this comment over at Althouse earlier today:
I'm still trying to wrap my little brain around the idea that Zimmerman, who had the gun, had absolutely no choice but to fatally shoot Martin.
You know... there was a case in Texas recently where an unarmed man beat another man to death.

(UPDATE: Just in case you were thinking that was a freak occurrence, here's another story about an off-duty SWAT member beating a man into a coma.)

Beating someone is physical violence.  According to Zimmerman, Martin was repeatedly bouncing his head off of the pavement.  If that's true, then there was a good chance that the ultimate result would be serious injury or death for Zimmerman.

In situations like that, "injury or death" of the other person is the goal of the attacker.

On the other hand, the goal of the defender is to avoid their own injury or death.

Put those two bits of info together, and "shoot the violent idiot assaulting me with the pavement" probably sounds like a good idea.  Executing on that idea before your skull cracks and you black out or head off on a one-way trip into the Great Beyond probably sounds like a really good idea.

"Choice" doesn't really enter into it, unless you're saying that Zimmerman should have chosen to let Martin beat him unconscious and possibly kill him.

Seriously.  There is no legal or moral situation where you can reasonably say "Yeah.  You've got to let him beat you to death.  Sorry, dude."  Unless you're somehow intellectually stunted enough that you've made the mental connection that "gun ownership" == "deserves to die".

Not that anyone on the left would ever admit to thinking that way.