> This is an invasion of privacy and the
> teacher should not only be sued but fired.
Maybe. I think it depends on the situation. These are 14-year-old kids we're talking about, not adults. And while I hate her tactics, I'm not sure that they are so damning as to make her lose a successful teaching career.
I grew up in Cowboy, Arizona (population 12,000 -- now a suburban megopolis of about a quarter million). But even then, you had no privacy. The lockers were regularly searched. Bathroom stalls had no doors. Students had zero privacy.
Life is different in a small town. Life is different for young students. A small community does give its teachers a LOT of latitude, including the right to be the moral police off-campus.
I want to hear both sides before coming down on one side or the other.
> As in the teacher has not had a chance to say why
> it was ok to abuse their position?
A loaded question, but, yes.
Look, this is a school that still practices corporal punishment (spanking)*. If due process for high-school students in Pearl, Mississippi, is merely summary judgment by a school staff member before getting hit by that staff member, then can't we imagine that it's okay that a 14-year-old girl's notes aren't really private? How many of you had to read aloud the private note you were caught passing in class?
To be a cheerleader, you have to cooperate with the sponsor**. Now, based on the reading and my vivid imagination, I think that Ms. Jackson (a freshman) was in some kind of online backstabbing campaign against the Cheer Captain (probably a senior). To put an end to it, coach Tommie Hill said she was going to ask everyone for their passwords. She found messages in Jackson's inbox that did indeed show that the squad thought Ms. Cheer Captain was a beee-otch and perhaps that the teacher was no better. Teacher made an example out of Ms. Jackson in much the same way that most very fervent Football schools deal with this -- quite directly.
Now, I MADE ALL OF THE ABOVE UP. But these are the facts ... She's 14. She has few to no rights. Especially in places like Pearl, Texas where Football is king and the coaches are Gods.
The Internet blossomed with no content industries. It was a bunch of people fingering one another (ummm RFC742), a lot of gopher, some telnet resources, a fair amount of IRC. The number of users and bandwidth consumption grew year/year at an astronomical pace and there was nary a content industry in site.
For myself, I started a personal web page and learned how to scan my photos and put them on line (yes, a two-step process). I also signed something from the NSFNET that promised I wouldn't use it for commercial purposes.
You guys are the Johnnie-Come-Latey's, welcome, but don't forget your P's and Q's.
How do we charge Andrew Cuomo with "issue theft?" He's created so many feel-good non-issues, usually resulting in needless restrictions our net freedoms rather than fighting any crime.
This has to be some kind of DPI-based fakery. Some piece of Roger's gear is answering as if it were the destination website and either inserting HTML code or HTTP response codes to make this work.
ISPs must stay out of the content stream, DPI should be used to investigate problems and for lawful intercept -- not to push the ISP's services, regardless of how useful.
Oh, yeah... and they cut him off (why this is probably good)
On the matter of "Did I mention they've turned off my phone until I pay?" ... one of the things we've criticized is that wireless companies let the bills mount up and then send a huge bill at the end of the month.
Apparently they're not doing that any more. I know Adam's angry right now, but keeping an $11,000 bill from becoming a $100,000 bill is probably a Good Thing(tm). Still, it doesn't solve the root matter of why these charges are so insanely high in the first place.
1.
And I got the "data is charged at .015 cents, or a penny and a half, per kb". About to try to explain the difference to them. Sigh.
3 minutes ago from web
2.
They're claiming I uploaded/downloaded 9 million kilobytes (9 gigs) while in Canada. Frakking impossible.
5 minutes ago from web
3.
@sleepingbri you read it right. $11,000.00
about 1 hour ago from web in reply to sleepingbri
4.
Did I mention they've turned off my phone until I pay? #attsucks
about 1 hour ago from web
5.
Almost forgot: Hey AT&T! I will fight this bullshit.
about 1 hour ago from web
6.
Text messaging fees are stupid robbery? (they are), AT&T is attempting to charge me 11k for a few hours of web surfing in Canada. Pls RT!
about 1 hour ago from web
7.
@virgiliocorrado I believe the RIAA to be a bunch of venal idiots. I don't think much of the MPAA either for that matter.
2:23 PM Jun 24th from TwitterFon
Net Neutrality - Lead, Follow, or Get Out of the Way
-- QUOTE --
Bandwidth is going to increase. Those who attempt to cap it or limit it are only going to make their own pipes significantly less valuable. However, those who recognize how empowering more bandwidth can be, and how approaching "infinite bandwidth" opens up the possibility for new services and apps that we can't even fathom today, will start to realize that providing ever more bandwidth increases value and clamping down on bandwidth kills value.
--- ENDQUOTE ---
Of course I agree with the above paragraph, but the line that preceded it, 'So, all these arguments over "net neutrality" and "metered billing" are missing the point.' is a problem.
The USA has moved from Internet leader to Internet laggard. We can't invent the future of tomorrow on the network of yesterday. It's hard to see the road ahead from last place.
If I'm developing an application for Asia, I have to imagine a low-end customer as having access to 20 Mbps on fiber. For the U.S., I don't have to imagine -- it's 1.5 Mbps on twisted pair. Have you seen those Asian social websites? They take a long time to load here in the U.S. because they're very bandwidth intensive (plus the distance-added latency which further affects speed).
Our broadband overlords are wasting time looking fondly at the past of CompuServe charging $12.50 an hour ($6 if you were at 300 baud). Their bumper sticker says, "As a matter of fact, I do own the God-damned Information Superhighway." That thinking is holding us back. We could ignore them if we could get some competition, but aside from having 14 different junction boxes on every home in America, these same overlords are in charge of the competition as well.
McDonald's has vicarious liability for the acts of its employees who are acting within the scope of their employment. McDonalds has a dining room where people go, sit, and eat. Sometimes, those customers leave things behind. Those facts puts dealing with customers' left-behind items in the scope of employment of McDonald's workers.
Wrong Tactic - ASCAP should be suing to force operators to stop using songs as ringtones
I think ringtones are the most awful representations of music available. Those tinny-sounding snippets do the concept of music a complete disservice. Whatever happened to a phone just ringing?
To call it a "public performance" is being gracious, but to do so in a court filing borders on perjury.
-- QUOTE--
Remove the record labels, and we are back to a society with tens of thousands of bar bands, nothing more - few will ever happen to get past that status.
-- ENDQUOTE --
Every year for the past many years, one of my favorite Seattle bands, The Coats http://www.thecoats.net/ would make a trip through Portland. I've purchased most of their recordings. They are unsigned. They've published 10 albums. (They're great, by the way.)
But think about those 10,000 bar bands. Do you really think that the first step to getting famous is to start selling CD's? HECK NO! Even if they can get one recorded, no one buys one until they can get heard. They start gigging until they get a few people willing to take home a CD for a few bucks (believe me, they are so thrilled that they feel a little guilty for selling them). But that income remains a side income for a very long time.
Selling your recordings is one of the later privileges in the music business. It's certainly not part of the music creation process, rather it is a result of it.
-- QUOTE--
Remove the record labels, and we are back to a society with tens of thousands of bar bands, nothing more - few will ever happen to get past that status.
-- ENDQUOTE --
Every year for the past many years, one of my favorite Seattle bands, The Coats http://www.thecoats.net/ would make a trip through Portland. I've purchased most of their recordings. They are unsigned. They've published 10 albums. (They're great, by the way.)
But think about those 10,000 bar bands. Do you really think that the first step to getting famous is to start selling CD's? HECK NO! Even if they can get one recorded, no one buys one until they can get heard. They start gigging until they get a few people willing to take home a CD for a few bucks (believe me, they are so thrilled that they feel a little guilty for selling them). But that income remains a side income for a very long time.
Selling your recordings is one of the later privileges in the music business. It's certainly not part of the music creation process, rather it is a result of it.
-- QUOTE --
Here's a news flash for you: If the only distribution available is "everything is free", then there is no incentive for anyone to make more music. Distribution isn't the point - the SCARCE NEW MUSIC is the key.
-- ENDQUOTE --
Anonymous,
Radio stations that play the same songs until you're sick of them do not pay one dime to the artists, yet the artists are happy to have them play the tunes because doing so spreads their art and generates demand -- including sales of music.
I can tell you from first-hand experience that the goal isn't to sell records. Please re-read that -- artists aren't in it to sell records. Selling records is a means to funding, that's true, but the goal is to reach an appreciative audience. All artists want is an exhibition, they really don't care how it gets funded.
So as long as the music is being heard and the artist is being well kept, then everyone is happy.
The old business model is broken but only somewhat so. I appreciate being able to jump on Amazon.com and get the music that I want. But a good fraction of an artist's music is going to be out there for free -- it always was -- and it always will be.
The RIAA club in particular is still the buggy-whip set trying to exist in an automobile age. They need to morph or die.
Nebraska also has a 1989 case that extends "Disturbing the Peace" to include fighting words and the peace/tranquility of an individual (see http://www.legislature.ne.gov/laws/statutes.php?statute=s2813022000) where other states might have a disorderly conduct, assault, threats, or harassment statute that covers that conduct.
Fine $250 for being a dumbass and Prof. Avery just might deserve that "kick me" sign if he makes a habit of pressing cases like this.
Exactly my thinking. I noticed that my "unlimited" Verizon Wireless voice actually gave me 99,999 minutes in a month (about two month's worth of 24x7 usage). After that, it was 25c per minute. It is functionally unlimited, as with 3-way calling and perhaps some other call-forwarding tricks, I probably could exceed 99,999 minutes somehow.
What disappoints me about the event outlined in the original article (linked in the above) is that T-Mobile chewed him out for abuse. What a better story this would have been for T-Mobile had they congratulated him for the attempt and stirred up buzz. Idiots!
On the post: Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages
Re: Unbelivable!
> teacher should not only be sued but fired.
Maybe. I think it depends on the situation. These are 14-year-old kids we're talking about, not adults. And while I hate her tactics, I'm not sure that they are so damning as to make her lose a successful teaching career.
I grew up in Cowboy, Arizona (population 12,000 -- now a suburban megopolis of about a quarter million). But even then, you had no privacy. The lockers were regularly searched. Bathroom stalls had no doors. Students had zero privacy.
Life is different in a small town. Life is different for young students. A small community does give its teachers a LOT of latitude, including the right to be the moral police off-campus.
I want to hear both sides before coming down on one side or the other.
On the post: Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages
Re: Re:
On the post: Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages
Re: Re: Not Weighing In
> it was ok to abuse their position?
A loaded question, but, yes.
Look, this is a school that still practices corporal punishment (spanking)*. If due process for high-school students in Pearl, Mississippi, is merely summary judgment by a school staff member before getting hit by that staff member, then can't we imagine that it's okay that a 14-year-old girl's notes aren't really private? How many of you had to read aloud the private note you were caught passing in class?
To be a cheerleader, you have to cooperate with the sponsor**. Now, based on the reading and my vivid imagination, I think that Ms. Jackson (a freshman) was in some kind of online backstabbing campaign against the Cheer Captain (probably a senior). To put an end to it, coach Tommie Hill said she was going to ask everyone for their passwords. She found messages in Jackson's inbox that did indeed show that the squad thought Ms. Cheer Captain was a beee-otch and perhaps that the teacher was no better. Teacher made an example out of Ms. Jackson in much the same way that most very fervent Football schools deal with this -- quite directly.
Now, I MADE ALL OF THE ABOVE UP. But these are the facts ... She's 14. She has few to no rights. Especially in places like Pearl, Texas where Football is king and the coaches are Gods.
Robb
*http://www.pearl.k12.ms.us/schools/LinkClick.aspx?fileticket=%2BzVTWWLX9xc%3D&tabid =547&mid=1201 (page 24)
**page 31
On the post: Student Files Lawsuit After Teacher Demands Facebook Password, Logs Into Account & Distributes Private Messages
Not Weighing In
On the post: This Is Wrong: 'Without The Content Industries, The Internet Would Be Empty'
Content Industries? Where were you back in 1990?
For myself, I started a personal web page and learned how to scan my photos and put them on line (yes, a two-step process). I also signed something from the NSFNET that promised I wouldn't use it for commercial purposes.
You guys are the Johnnie-Come-Latey's, welcome, but don't forget your P's and Q's.
ThankQs.
On the post: Is Deceptively Getting People To Spam Their Friends Identity Theft?
On the post: Rogers Back To Inserting Its Messages Onto Others' Websites
So how are they doing this?
ISPs must stay out of the content stream, DPI should be used to investigate problems and for lawful intercept -- not to push the ISP's services, regardless of how useful.
On the post: Mythbusters' Adam Savage Discovers Insane Roaming Fees: $11,000 iPhone Bill For A Few Hours Surfing
Oh, yeah... and they cut him off (why this is probably good)
Apparently they're not doing that any more. I know Adam's angry right now, but keeping an $11,000 bill from becoming a $100,000 bill is probably a Good Thing(tm). Still, it doesn't solve the root matter of why these charges are so insanely high in the first place.
On the post: Mythbusters' Adam Savage Discovers Insane Roaming Fees: $11,000 iPhone Bill For A Few Hours Surfing
I love his twitter history...
On the post: Time To Start Thinking About Infinite Bandwidth
Net Neutrality - Lead, Follow, or Get Out of the Way
Bandwidth is going to increase. Those who attempt to cap it or limit it are only going to make their own pipes significantly less valuable. However, those who recognize how empowering more bandwidth can be, and how approaching "infinite bandwidth" opens up the possibility for new services and apps that we can't even fathom today, will start to realize that providing ever more bandwidth increases value and clamping down on bandwidth kills value.
--- ENDQUOTE ---
Of course I agree with the above paragraph, but the line that preceded it, 'So, all these arguments over "net neutrality" and "metered billing" are missing the point.' is a problem.
The USA has moved from Internet leader to Internet laggard. We can't invent the future of tomorrow on the network of yesterday. It's hard to see the road ahead from last place.
If I'm developing an application for Asia, I have to imagine a low-end customer as having access to 20 Mbps on fiber. For the U.S., I don't have to imagine -- it's 1.5 Mbps on twisted pair. Have you seen those Asian social websites? They take a long time to load here in the U.S. because they're very bandwidth intensive (plus the distance-added latency which further affects speed).
Our broadband overlords are wasting time looking fondly at the past of CompuServe charging $12.50 an hour ($6 if you were at 300 baud). Their bumper sticker says, "As a matter of fact, I do own the God-damned Information Superhighway." That thinking is holding us back. We could ignore them if we could get some competition, but aside from having 14 different junction boxes on every home in America, these same overlords are in charge of the competition as well.
They are in our way.
On the post: McDonald's: If An Employee Uploaded Nude Photos From Found Cameraphone, Sue The Employee, Not Us
I side with the customer on this one...
(not a lawyer)
On the post: ASCAP Now Claiming That Your Mobile Phone Ringing Is A Public Performance
Wrong Tactic - ASCAP should be suing to force operators to stop using songs as ringtones
To call it a "public performance" is being gracious, but to do so in a court filing borders on perjury.
On the post: Jammie Thomas Ordered To Pay $1.92 Million
Re: Re:
Remove the record labels, and we are back to a society with tens of thousands of bar bands, nothing more - few will ever happen to get past that status.
-- ENDQUOTE --
Every year for the past many years, one of my favorite Seattle bands, The Coats http://www.thecoats.net/ would make a trip through Portland. I've purchased most of their recordings. They are unsigned. They've published 10 albums. (They're great, by the way.)
But think about those 10,000 bar bands. Do you really think that the first step to getting famous is to start selling CD's? HECK NO! Even if they can get one recorded, no one buys one until they can get heard. They start gigging until they get a few people willing to take home a CD for a few bucks (believe me, they are so thrilled that they feel a little guilty for selling them). But that income remains a side income for a very long time.
Selling your recordings is one of the later privileges in the music business. It's certainly not part of the music creation process, rather it is a result of it.
On the post: Jammie Thomas Ordered To Pay $1.92 Million
Re: Re:
Remove the record labels, and we are back to a society with tens of thousands of bar bands, nothing more - few will ever happen to get past that status.
-- ENDQUOTE --
Every year for the past many years, one of my favorite Seattle bands, The Coats http://www.thecoats.net/ would make a trip through Portland. I've purchased most of their recordings. They are unsigned. They've published 10 albums. (They're great, by the way.)
But think about those 10,000 bar bands. Do you really think that the first step to getting famous is to start selling CD's? HECK NO! Even if they can get one recorded, no one buys one until they can get heard. They start gigging until they get a few people willing to take home a CD for a few bucks (believe me, they are so thrilled that they feel a little guilty for selling them). But that income remains a side income for a very long time.
Selling your recordings is one of the later privileges in the music business. It's certainly not part of the music creation process, rather it is a result of it.
On the post: Jammie Thomas Ordered To Pay $1.92 Million
Re: Re:
Here's a news flash for you: If the only distribution available is "everything is free", then there is no incentive for anyone to make more music. Distribution isn't the point - the SCARCE NEW MUSIC is the key.
-- ENDQUOTE --
Anonymous,
Radio stations that play the same songs until you're sick of them do not pay one dime to the artists, yet the artists are happy to have them play the tunes because doing so spreads their art and generates demand -- including sales of music.
I can tell you from first-hand experience that the goal isn't to sell records. Please re-read that -- artists aren't in it to sell records. Selling records is a means to funding, that's true, but the goal is to reach an appreciative audience. All artists want is an exhibition, they really don't care how it gets funded.
So as long as the music is being heard and the artist is being well kept, then everyone is happy.
The old business model is broken but only somewhat so. I appreciate being able to jump on Amazon.com and get the music that I want. But a good fraction of an artist's music is going to be out there for free -- it always was -- and it always will be.
The RIAA club in particular is still the buggy-whip set trying to exist in an automobile age. They need to morph or die.
On the post: Student Found Guilty Of 'Disturbing The Peace' For Sending Nasty Political Email To Professor
I read the case record...
http://pub.bna.com/eclr/nebraska_v_drahota_061609.pdf
Nebraska also has a 1989 case that extends "Disturbing the Peace" to include fighting words and the peace/tranquility of an individual (see http://www.legislature.ne.gov/laws/statutes.php?statute=s2813022000) where other states might have a disorderly conduct, assault, threats, or harassment statute that covers that conduct.
Fine $250 for being a dumbass and Prof. Avery just might deserve that "kick me" sign if he makes a habit of pressing cases like this.
On the post: Some Quotes Of Note: Politicians Damning New Technologies/Cultural Artifacts
Typo in the Title
Great collection, thanks!
On the post: Customer Discovers T-Mobile's 'Unlimited' SMS Plan Not So Unlimited Thanks To $26,000 Bill
Re: Re: Blown out of proportion
A technical glitch would result in charges dropped with an apology. This guy got read the Riot Act, instead.
T-Mobile deserves to have their nose rubbed in it.
Robb
On the post: Customer Discovers T-Mobile's 'Unlimited' SMS Plan Not So Unlimited Thanks To $26,000 Bill
Re: Re: Blown out of proportion
A technical glitch would result in charges dropped with an apology. This guy got read the Riot Act, instead.
T-Mobile deserves to have their nose rubbed in it.
Robb
On the post: Customer Discovers T-Mobile's 'Unlimited' SMS Plan Not So Unlimited Thanks To $26,000 Bill
Re: Re: Blown out of proportion
What disappoints me about the event outlined in the original article (linked in the above) is that T-Mobile chewed him out for abuse. What a better story this would have been for T-Mobile had they congratulated him for the attempt and stirred up buzz. Idiots!
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