Oklahoma Computer Crimes Act - Felonies and Misdemeanors

The words "computer crime" generally conjures one of two ideas: high-tech espionage or child pornography. However, in Oklahoma these take on a much broader approach. From online solicitation of a minor and other internet sex crimes to hacking and fraud, these crimes in Oklahoma are clearly defined by the Oklahoma Computer Crimes Act (21 O.S. 1951 et. seq.). Section 1953 of the Oklahoma Statutes deems the following to be criminal offenses: (partial list)

1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, network or any other property;

2. Use a computer or any other property as defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation;

3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property;

4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property;

Under the Oklahoma law, some of these crimes are misdemeanor offenses, but most of the offenses are felonies. Misdemeanors include:

• Accessing a computer or network without authorization
• Using or allowing the use of a computer service without authorization
• Using a computer, computer system, or computer network to abuse, threaten, or harass another individual

The six remaining crimes are felonies. Some specific examples of CPU crime include internet fraud; computer sexual exploitation; copyright piracy (illegally downloading music, for example); hacking; and development and distribution of viruses, worms, bots, spyware, and malware.

Along with the increasing access to computers and the internet comes increased responsibility for ethical use of technology. By abusing the privileges of technology through internet sex crimes and other computer crimes, one risks the consequences of conviction. Conviction of a misdemeanor computer crime in Oklahoma is can result in a maximum sentence of 30 days in jail and up to $5,000 in fines. Oklahoma computer crime felonies are punishable by fines of $5,000 to $100,000 and a maximum prison sentence of ten years. Additionally those convicted are also subject to civil lawsuits as well as criminal charges.

For more information please see this site Oklahoma computer crimes defense lawyer

YtV Archive Video Number 2 - yTv & Irish282

A classic YtV video from the archives, this is the second banhammer video. ===================================== Some active Yahweh Clan members: SubsevenRising TheBeeOBee rapist187 xNoNameForThisKattx W347H3RM4N NOTLLMTE Idyllicsun metalflakes FUBUXGEAR longdongil TheRJCarter TheLordJehovah FSHKT Current Yahweh Clan Sympathizers and supporters: TheMaskedAnalyst KidToucher282 BraveLittleCockling lolwutdahell ClaudesBrownRing LordUilesnor CrueITube YahwehMossad BinLadenBunny JosefMengeIe JewganSpermkatt2 ===================================== Report abuse, don't ignore it. To report abuse on YouTube: www.youtube.com Inform the police of serious threats and stalking. If you are a minor, tell your parents. ===================================== Other Resources: Here is a direct link to a Wired Safety form for reporting cyberstalking and harassment. You will need a copy of a police report before they will help you. www.wiredsafety.org "You must contact law enforcement in your area prior to our accepting any case for any cybercrime that involves any offline risk. This includes death threats, child abductions, and Internet predators..." ===================================== GetNetWise is a public service brought by a wide range of Internet industry corporations and public interest organizations in order to inform people about the use of Internet. kids.getnetwise.org The Federal Bureau of Investigation (FBI). A US government law enforcement agency, part of the Department of ...



http://www.youtube.com/watch?v=0j7Iy6Ymp3w&hl=en

Sexual Harassment Training - Protect Your Business

Lawsuits can be a profit killer for any business. Defamation of the business when these lawsuits are publicized can prove to be even more of a challenge. Worse than that is the actual consequence of getting charged with sexual harassment since it is a part of the 1964 Civil Rights Act. Any business that employs more than 15 people is required to undergo sexual harassment training according to the act. However, it's not a bad idea for small businesses, either.

Sexual harassment is a term that refers to any unwanted sexual advances, contact, verbal or physical acts that are sexual in nature, seeking sexual factors, or the interference of sexuality in the workplace in any shape or form that affects performance. This is considered a form of sexual discrimination, and is legally unwelcome in the workplace. The businesses affected by the Civil Rights Act that are required to enforce the policies and provide proper training are all local, state, and federal organizations, as well as private companies and corporations. After all, creating an environment where people can work comfortably and perform their best is essential for success in any business.

There are many different programs out there for those who are looking to implement sexual harassment training into their business or workplace. Choosing the right program involves finding one that can offer initial training and continuing support for your business, so that you can keep up on all things related to the sexual harassment training world as they come up. Continuing education is essential in such areas, because laws are always being revised, added to, and changed, and the environment of the workplace is constantly evolving.

The biggest thing to note with sexual harassment training is that it should not be downplayed when it is presented to women. People generally think of women as the victims in nearly every situation, but this is far from the reality of the situation. Women can be the harassers just as well as men can, if not better. They just tend to get away with it more often because men stereotypically don't want to admit that they have been being victimized or harassed by a woman. A change in attitudes with more women working their way up the corporate ladder is necessary. People need to realize that anyone can be a victim, and that women are not the only ones out there. With proper sexual harassment training, the workplace can become a more enjoyable and productive place for everyone.

Proper sexual harassment training from 360training.com can not only make your workplace a more enjoyable and productive place but also guard your business against lawsuits with the convenience of online sexual harassment training courses.

Internet Defamation Lawyer: How Long Can You Wait To File A Claim For Libel?

Internet Defamation Lawyer Adrianos Facchetti describes generally the statute of limitations in California for a claim of libel.



http://www.youtube.com/watch?v=UXAhhBVdih4&hl=en

Defamation Law Part II - Successful Strategies to Deal With Online Defamation - February 2009

Although it is difficult to get a successful result in an online defamation issue, it can be done by carefully establishing who is making the comment, and where they are based. Other important considerations are how damaging the comments are and whether threats might drive the defamer to make further comments. Litigation and threats of litigation are not always the best way forwards but they can be a useful tool. The Facebook case illustrates one such instance where litigation was used to stop defamation on a social networking site.

The Facebook case: A modern take on defamation

Many web users have a false belief that they can say anything they want on the internet and not be held responsible. The courts are finding otherwise. In the most recent English case, Applause Store Productions Ltd v Raphael [2008] EWHC 1781 (QB) (QBD), a man was held liable for comments made on Facebook. Although the limits of defamation law were hardly stretched in this case, it is interesting to see how the court responded.

The case involved Mathew Firsht, the owner of Applause productions, a well known company which provides audiences for television shows. He did not have a Facebook account. In June 2007 a fake profile was placed up on Facebook in an account using Mr. Firsht's name. This featured extensive personal information about him including his sexual orientation, political views, religious beliefs and a picture - supposedly of Mr. Firsht - but which was actually a copy of the profile picture from his twin brother's Facebook page. The profile also included a link to a Facebook Group called 'Has Mathew Firsht lied to you?' In this case there was no dispute about whether the material was defamatory but only over whom had put up the profile and the group.

The defendant, a Mr. Raphael who had been a friend of Mr. Firsht and also knew him professionally, had his identity revealed after Firsht's lawyers sent a take down notice to Facebook and obtained a Norwich Pharmacal order against Facebook. The order required Facebook to disclose not only the registration data but also details of the IP addresses and email addresses which created the profile.

The profile had in fact been created by someone at Mr. Raphael's IP address. After the profile was created all relevant activity which occurred on the fake account continued to come from Mr. Raphael's IP address. The same IP address was also used during this time to login into two other Facebook accounts: Mr. Raphael's account and Mr. Raphael's girlfriend's account. The fake account had only been signed into from two different computers at the IP address which included Mr. Raphael's computer and his girlfriend's laptop which he admitted he often used. The facts about the IP address and login details were not refuted by Mr. Raphael.

The case gets even stranger. Mr. Raphael's defence was that he did not create the profile and that the evening the profile was created he and his girlfriend had met a group of strangers at a bar who then returned home with them and spent the night. He said that one of them must have created the profile from his computer. He did not give an explanation of how someone else had been logging into the account from his IP address on the subsequent times the account had been accessed which would have been after the fake profile creating stranger left his home. He instead choose to defend himself by relying on alibi evidence that he had not been at home on the other occasions when the Facebook profile had been accessed so it had to have been someone else.

The judge did not believe his story at all (rightly so) and decided that Mr. Raphael had in fact been the one to put up the false profile as well as the defamatory group. Although the profile was not visible for a considerable length of time, 16-17 days, the judge ruled that due to the popularity and nature of Facebook, which targeted the material towards people who knew Mr. Firsht, the materials were particularly damaging. The Judge also ruled that the allegations of dishonesty were serious enough to harm Mr. Firsht's business so allocated the award with £15,000 to Mr. Firsht personally, £5,000 to his business and an extra £2,000 for breach of his privacy. In this case, Mr. Raphael learned to his chagrin that comments made online can be costly and that lawyers can often get around the anonymity problem with IP addresses identifying computers not users.

Liability of Internet Service Providers

The other point to bear in mind when discussing defamation on the internet is that in some jurisdictions, including England, Internet Service Providers can have liability for content on the sites they host. They can be liable even if they were merely passively hosting the site unless they take down the objectionable material when they receive notice of it. The famous case on this point in England is Godfrey v. Demon. In that case, an unknown person purporting to be Godfrey put up a comment on Demon's server. The statement was defamatory. The real Mr. Godfrey asked to have it removed telling Demon that it was fraudulent. When Demon failed to remove the post Godfrey sued for defamation and won. This case established the importance of ISPs treating complaints seriously and investigating and taking down any content that can be considered defamatory.

Since this case, the E-commerce directive has come into effect which also has ramifications for when a host can be liable in defamation (or for other acts). ISPs are in a difficult position. On the one hand if they remove any content posted by their customers they could be in breach of their customers' contractual rights (unless their contracts expressly absolve them from liability in certain circumstances) On the other hand if they don't remove the content they could become personally liable for it to third parties.

Under the E-commerce Directive most ISPs will be viewed by the courts as a mere conduit and therefore not liable for the content, as long as they do not initiate the transmission, select the receiver of the transmission and do not select or modify the information in the transmission. Nevertheless, ISPs will still have liability if they are notified of infringing material and then refuse to take it down, and there are those who believe their responsibilities should be broadened further.

The position in the USA

In the United States, ISPs are not liable for defamatory information but they are often joined as co-defendants in lawsuits with John Doe.? There is a purely practical reason for doing this. ISPs are becoming increasingly wary of divulging information about their users since it could be an invasion of privacy.

By joining the ISPs as defendants, once the lawsuit is initiated lawyers can make discovery demands of the ISP to get all of the relevant data which could help them trace the unidentified user who posted the comment. Once the user is identified the ISP is usually dropped from the lawsuit and the user remains the sole defendant.

These laws not only have ramifications for ISPs but for any company which has a forum or allows user generated content on their website. Many companies are not aware that they themselves can be found liable for defamation due to actions of employees or other third parties on these websites. In-house lawyers are becoming increasingly aware of the laws on defamation and privacy in order to take adequate steps to protect their employers.

What to do

If you find that you are the subject of a defamatory comment online there are a number of things that can be done. Clearly balance the seriousness of the comment with the costs associated with getting it taken down. The last resort option would involve going to court to get disclosure orders. Unless the comments are particularly grievous or widespread other avenues should be explored first.

If you are dealing with a hate site that uses a domain name similar to your company name there may be the possibility of trying to retrieve the domain name through a UDRP or other dispute resolution policy. However, this can be risky since at the moment it has not been decided whether these types of sites constitute fair use under the rules. The other problem with this method is that you may inflame the situation further. Also your efforts could be wasted if the site simply reappears on another non-infringing domain name.

Another option is to address the comment in the press or on your own website. Recently, in Israel, an anonymous internet user began a hate campaign against Israel's best known maker of dairy products. Defamatory comments were posted on a variety of websites and also sent around through emails. The company responded to the situation by posting comments on the website and also sending out their own emails via employees which defended their business. This approach has been successful as content is no longer being posted and the record has been set straight for anyone doing future web searches.

It should always be kept in mind that attacks are often short lived. Surprisingly the best option sometimes can be to deal with the situation by ignoring it, and possibly using SEO strategies to keep the site or the comment low down in the search results. The comment or website will often disappear since it takes a lot of energy to keep the site sufficiently prominent.

Shireen Smith is an intellectual property solicitor and technology lawyer at Azrights Solicitors providing advice on trademark registration, patents and domains and domain disputes.

View the original article along with others on trademarks, domains and other legal matters at http://www.ip-brands.com/content/news/articles.aspx

Commercial Law - Payment of Commission - Commercial Agency Regulations - Commercial Agent

The case of Heirs of Paul Chevassus-Marche v Groupe Danone and Others (Case C-19/07) [2008], involved a determination on community laws relating to commercial agents. According to Article 7(2) of Council Directive (EEC) 86/653 (On the coordination of the laws of the member states relating to self-employed commercial agents) ("the Directive"):

"A commercial agent shall also be entitled to commission on transactions concluded during the period covered by the agency contract either where he was entrusted with a specific geographical area or group of customers... And where the transaction has been entered into with a customer belonging to that area or group...".

Article 10 provides as follows:

"(1) The commission shall become due as soon as and to the extent that one of the following circumstances obtains:

(a) the principal has executed the transaction; or the principal should, according to his agreement with the third party, have executed the transaction; or...

(c) the third party has executed the transaction.

(2) The commission shall become due at the latest when the third party has executed his part of the transaction or should have done so if the principal had executed his part of the transaction, as he should have".

In 1987, the first respondent in this case concluded an exclusive mandate with C. The applicants in this case were heirs to C's estate. The exclusive mandate concerned the first respondent's representation of C's subsidiaries, namely the second and third respondents, in their dealings with the importers, wholesalers and retailers of their goods in a specific geographical area.

Before the termination of that contract, C requested payment of various sums. Such sums included commissions relating to purchases made by two companies established in his geographical area.

The requests for payment were refused on the ground that the purchases concerned had been made from central buying officers or dealers in metropolitan France, an area outside the control of the respondents, and without any action on C's part.

C then brought an action concerning payment of commission.

The national court made a reference to the Court of Justice of the European Communities. The question concerned a request for a preliminary ruling on the interpretation of Article 7(2) of the Directive. The question referred by the national court was as to whether Article 7(2) of the directive was to be interpreted as meaning that:

"A commercial agent entrusted with a specific geographical area was entitled to commission where a commercial transaction between a third party and a customer belonging to that area had been concluded without any action, either direct or indirect, on the principal's part".

It was held as follows:

The court was of the opinion that

· Article 7(2) of the Directive had to be interpreted as meaning that a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.

· Article 7(2) merely refers to any transactions concluded during the period covered by the agency contract. There is no requirement that those transactions had to be entered into with a customer belonging to a geographical area or a group of customers for whom the commercial agent was responsible.

· There is not an express requirement for action on the part of the principal, and there is no requirement for action on the part of the commercial agent.

· However, it should be noted that when considering Article 7(2) in conjunction with Article 10, the commercial agent's right to commission arises either:

§ when the principal has (or should have) carried out his obligation; or

§ when the third party to the agency contract, namely, the customer, has (or should have) carried out his obligation.

· The presence of the principal in the transactions for which the commercial agent could claim commission was indispensable. It therefore followed that the commercial agent could claim commission. The commercial agent's claim for commission could be made on the basis of a transaction only to the extent that the principal had acted, directly or indirectly, in the conclusion of that transaction.

· As a result, this meant that it was for the national court to establish:

"Whether or not the evidence before it, assessed in the light of the aim of protecting the commercial agent and of the obligation on the principal to act dutifully and in good faith, allowed it to establish the existence of such action, be that action of a legal nature".

© RT COOPERS, 2008. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Full service commercial law firm based in the City of London specialising in commercial and corporate law, Corporate Finance, Commercial Lawyers, Commercial Law, Commercial Contracts, commercial solicitors, commercial law firm, corporate lawyers, corporate solicitors, corporate law firm, due diligence, mergers and acquisitions, management buy outs, white wash, sale of shares, sale of business, offshore companies, offshore transactions, white wash procedure, company law, law, legal, law firm, lawyers, solicitors, solicitors in wapping, Solicitors in Docklands, Solicitors in E1, distribution agreements, agency agreements, commercial contracts, shareholders agreement, companies act 2006, branding, terms and conditions, Internet law.

Please contact us for more information at enquiries@rtcoopers.com

Visit http://www.rtcoopers.com/practice_corporatecommercial.php

ADL Calls For "Major Law Enforcement Operaton" to Deal with Obamacare Critics 2/2

ADL Calls For Major Law Enforcement Operation To Deal With Obamacare Critics Paul Joseph Watson www.prisonplanet.com www.infowars.com Thursday, April 22, 2010 A major Anti-Defamation League report goes further than ever before in an effort to purge the Internet of all dissent, listing completely non-violent criticism of Obamacare posted on Internet forums as a reason to conduct a major law enforcement operation against opponents of big government and health care reform. The ADLs April 2010 report is entitled, Violent Voices: Anti-Government Extremism Takes on New Intensity, and consists largely of lists of comments culled from alternative news websites and forums, as well as Fox News. During the first few months of 2010, anti-government extremism has taken on a new level of intensity in the United States. The arrests of the Hutaree militia in Michigan illustrate this passion, which exists both within and outside the militia movement. Unfortunately, the Hutaree arrests may come to be seen not as the culmination, but rather as a first step in what may need to become a major national law enforcement operation, states the introduction (emphasis mine). Such words are chilling bearing in mind that the infamous MIAC report, which listed gun owners, Ron Paul supporters, libertarians and people who fly US flags alongside neo-nazis and terrorists, was partly based on information provided to the Missouri Information Analysis Center by both the ADL and the Southern Poverty Law Center ...



http://www.youtube.com/watch?v=XiizUUjUwr8&hl=en

Watch Defamation Part 1 of 15 [HD] [NEW]

Watch full movie here: tinyurl.com



http://www.youtube.com/watch?v=IiHa3JkNsbw&hl=en

What is Legal Aid Service?

Legal aid service is essentially the act of providing free legal assistance and in certain cases court representation as well, to people in the low income range who are unable to pay for any legal charges and living within a specified area. As part of the government's efforts, the Legal Aid Society have been ensuring that legal aid service is being slowly incorporated in every town, city, and state.

The majority of these legal aid service providers aim to serve as many clients as possible as they are mainly from non-profit organizations and are composed of a pool of talented lawyers who are willing to offer their services readily.

There are mainly two common types of legal aid services available: Civil/Family legal aid and Criminal legal aid.

Civil/family legal aid is available for many types of private disputes that will, or might, go to court. These include the following:

1)matrimonial and relationship property problems

2)problems to do with care of children

3)care and protection orders for children and young people

4)adoption

5)paternity

6)(mental health) compulsory treatment orders

7)recovering a debt

8)breach of contract (for example, hire purchase)

9)defamation

10)bankruptcy or insolvency

However, civil legal aid does not offers help for the following :

1)divorce ("dissolution of marriage")

2)the Disputes Tribunal

3)mediation in some cases

4)for things that don't involve a problem that could go to court (for example, getting a will drawn up)

5)immigration matters (except for refugee matters)

6)companies or groups of people (except in some cases)

Criminal legal aid is available for criminal offences that will usually go to court.Anyone charged with or convicted of an offence can apply. In addition, anyone appearing before the Parole Board can also apply for this legal aid. These include the following:

1)murder or manslaughter

2)assault on others

3)possession of drugs

4)drunk-driving

5)theft

6)fraud

7)arson

8)possession of dangerous weapons

9)shoplifting

10)molesting, rape and other sexual offences

In addition, there are many places where you can find legal aid services. For instance, you can choose to search the government listings or use the yellow pages. For faster response, you can check out the services on the internet. If you have been charged with an offence and can't afford a lawyer, it is recommended that you apply for the legal aid services as soon as possible.

For more information on getting free legal aid, legal aid services or legal aid lawyer, please visit http://legal-aid.mygeneralknowledge.com/.

©Skyjoe. All rights reserved. This article may be freely distributed as long as it remains unaltered and the copyright notice is intact. No alteration is allowed without express written permission from the author

Care Industry Indemnity Insurance Means Peace of Mind Above All

In the business of care, there are many challenges. The clients themselves pose one of the biggest challenges. The personality of each client is different and understanding the expectations can be one of the challenges. Some of the lawsuits filed are also due to the deficiency in service in the minds of the customer, which may not necessarily be negligence in the true sense. Though you may think that such claims would not matter much, however such claims have to be argued in the court of law, which would mean money apart from time. Well you can take out the time but arranging for finances can be a difficult task especially when it is sudden. Care industry indemnity insurance is one such tool to ensure that there is enough finance available when a legal eventuality arises.

As a care professional you are privy to a lot of information of the client. Your one act of indiscretion may result in the client losing important individual medical information to someone who is not supposed to know about them. At such situations the client can take you to court over the matter of defamation or infringement of confidentiality that you were sworn to. Though you never meant such harm, the deed is done and one has to face the music. Care industry indemnity insurance supports you financially to fight the case in court and if appropriate, settle the matter outside. Usually the matters in court are long drawn and become costly. Once the matter is brought to the light of insurance company and the claim is genuine, the same can be paid off through the insurance cover without you paying a single dime. Spare a thought, should not this give you the confidence to invest in this financial tool.

Many in the care business handle patients that are in an aggravated medical condition, which can be tiring and demanding. One small slip in dosage or delay in administrating a certain drug can result in complications. Further during a 24 hours care, there are times when the patient might just become normal to serious in matter of seconds and you may be slow to respond. In case you are made to pay for it financially, it becomes very difficult and some might loose their self confidence. The care industry indemnity insurance therefore not only helps in the hour of need, but it also instills a sense of confidence, which allows you to perform better in the chosen field of work. You can choose the insurance company online by looking at the extent of cover that you are eligible for and the premiums that you need to pay. These policies have their limitations and exclusions clearly written down which should be read before buying the policy.

If you are a professional in the Care industry and require Care industry indemnity insurance or require more information and the latest Professional Indemnity Insurance news, please do click on the links and visit the sites.

Barking fog hearing

Why is it that Nicole ,her mother and her mothers domestic partner in adultery as well as John wright and his wife ,not to mention Frederick Cordova when he sees me video tape me so much multiplecwitnesses have witnessed Nicole and her mother videotaping me heavily when I would walk my doggies with Margaret,then went on to accuse me of many alleged violations to the judge,nicoles flora camaj paid for with association funds under nicoles orders claimed to have pictures with date and time fir the judge to see ;she went outside the courtroom claiming to not be able to download them inside the courtroom,when shecreturned and court reconvened she stated that it would take her partner another 6 minutes,the judge tired of waiting gave her the benefit of the doubt,if there are no pictures I need your help in filing an appeal (partly based on flora camaj commuting perjury under nicoles orders)I have told u and others that when I go put to the pool and whereever I go around the complex I'm fully cognizant of the fact that in being videotaped specially by Nicole,I don't mind being videotaped because unlike Nicole and her nicolites the video does not lie or commit perjury but I was told that someone who videotapes me and focuses so heavily on me must be in love with me,a psychologist told me this and I went yuk if I'm her fantasy and if she likes watching the footage that she and her mother not tot to mention the wrights take of me that is fine but I sure don't like the idea that she ...



http://www.youtube.com/watch?v=OJyzTpEMwDE&hl=en

Preventing Internet Defamation, Domingo J Rivera, MBA, JD

www.medicaljustice.com Websites where anonymous posters can "rate" physicians have exploded across the Internet. Attorney Domingo Rivera shares the best way for physicians to protect their on-line reputation.



http://www.youtube.com/watch?v=z8T1jO1uEjA&hl=en

Web Design Sample (Freight Cargo) - Kristoffer de Guzman

This is one of my web design samples. What IT services we can do for your company: :: Web Site Design - Static (Brochure Type :: Web Site Design - CMS (Content Management System) :: Web Site Design - Full Flash :: Web Site Development :: Web Applications Development :: Search Engine Optimization / Internet Marketing :: Internet Reputation Repair /Internet Defamation Repair :: Web Site Upgrade :: Web Site Maintenance :: Logo Design :: Brochure Design :: Business Card Design If you have any questions, comments, suggestions, or if you want to have a price quote, kindly contact me using one of this methods: 1. Email - sidedriftdesigns@gmail.com 2. Text (SMS) - 0927.716.7377



http://www.youtube.com/watch?v=jhebSXmuaSU&hl=en

YC False Claims

The youtube YC is a hate group which continues to harass and threaten both children and adults, as well as anyone they can torment, insult, or ridicule for fun. They are a sick and sadistic group of social misfits who take pleasure in harassing people and making insulting sexual comments. Members of this group post articles to a website that makes fun of Jews, African-Americans, disabled people, children that are kidnapped and sexually abused, rape victims, and kids that have committed suicide. They (and the people who support them) seem to enjoy laughing at the suffering of others. ===================================== Some current Encyclopedia Dramatica (ediot) Yahweh Clan channels: ediothede Cuppeecakes Doja187ytv runnydiahrea FUBUXGEAR longdongil thedynaroo therjcarter subsevenrising thebeeobee jimjones2781 - (suspended as rapist187, knife4iogan & blackorifice2k) ======================================= Current Yahweh Clan Sympathizers and supporters: themaskedanalyst youdirtyfucker baldysperman2 whoistoddbryant kidtoucher282 ourtubessexoffenders deadpedosociety thorpedo468 ======================================= Inform the police of serious threats and stalking. If you are a minor, tell your parents. ===================================== Other Resources: Here is a direct link to a Wired Safety form for reporting cyberstalking and harassment. You will need a copy of a police report before they will help you. www.wiredsafety.org "You must contact law enforcement in your ...



http://www.youtube.com/watch?v=YB0zsyA9JYM&hl=en

The Salon S3:16

Part 1 Kate hopes to receive a promotion to wardrobe buyer, but Mrs. Louder doesn't feel she has enough class for the job. Drew tries to help Kate come up with a plan to change Mrs. Louder's mind. They decide to organize a salon at Drew's house and discuss social and political issues. Drew suggests focusing on a few pre-selected topics so that Kate has time to study. Lewis also invites his boss from drugco to the event in the hopes of impressing him. Kate and Mrs. Louder get into a heated argument over the issue of Internet censorship. They begin insulting each other, and Mrs. Louder fires her. Kate takes a temporary job with Global Parcel, but Oswald has to fire her the first day after she endangers him and the cargo by getting into an altercation with other drivers. Drew meets Mrs. Louder's idol, Rush Limbaugh, and convinces him to come to the store. He tells Mrs. Louder that he agrees with Kate's opinion that the Internet should allow free speech. Mrs. Louder lets Kate come back to the store. Meanwhile, Mimi pushes Wick too far when she insults his mother over the phone. He decides to file a countersuit against her for defamation of character.



http://www.youtube.com/watch?v=rVhC0d0FJZM&hl=en

Indiana Jones IV TV SPOT (Special Thanks to Associated Legal Investigations)

Associated Legal Investigations is a San Francisco, CA based legal and investigative organization specializing in internet DMCA issues and fraud, internet harassment and defamation and such. These guys are simply amazing. When lucasfilm and Paramount got on my case, they sorted it out with them. They also are kicking ass with internet harassment, they already won some victims of this in the millions and kick ass with internet-related things other lawyers won't touch. You guys rock! :) Indiana Jones IV TV SPOT #7 Exclusive Trailer IJ4 4 www.youtube.com Click above for more updates.... May 6, 2008! The NEWEST TV Spot/ Trailer! The Theatrical TV Trailer #7! Not sure how long this will be allowed up, so please subscribe for updates! New trailer for Indiana Jones and the Kingdom of the Crystal Skull Sneak Preview All copyright and rights belong to Paramount Pictures.



http://www.youtube.com/watch?v=blcvOtfu0Jg&hl=en

Email Liability - Is Your Company Protected?

The dangers to companies posed by email content first got serious national attention in the Microsoft anti-trust trial. The legal implications of the Microsoft suit, and other trials where cases have hinged on e-mail evidence, make it clear that companies, as well as individuals, are liable for what happens on their email system.

For example, in April 2002, an internal e-mail was sent from a KPMG executive to 33 recipients stating that the firm had given a purposely incomplete list of tax shelter clients to the IRS, which prompted another KPMG executive to e-mail vice chairman Jeffrey Stein: "Given the sensitivity of this situation, should we be putting all this in print?" Plaintiff lawyers uncovered the damaging e-mails, which led KPMG to admit to criminal wrongdoing and agree to pay $456 million.

In another case, Wall Street investment bank J.P. Morgan Chase & Co. was ordered to pay $2.1 million in fines to settle accusations that it failed to retain e-mails sought in investigations of stock research analyst misconduct.

The most frequent cases, however, where e-mails are crucial exhibits are employee lawsuits against a company. These lawsuits include Sexual Harassment cases which often use as evidence e-mails by supervisors or other employees with lewd and sexually explicit content, discrimination cases which have used e-mails by employees containing racial or religious remarks or e-mails with comments on age, gender, or pregnancy of an employee, and in defamation cases which use e-mails by employees commenting on someone's conduct, character, or performance.

The use of emails in lawsuits has become such a serious issue that many companies in the insurance industry now offer policies for Internet and email liability. Coverage includes such items as damages associated with security breaches, as well as, libel, slander, and defamation of character. But, insurance aside, what can you do to protect you company?

Is it legal for a company to perform email auditing (sometimes called email monitoring), where email is checked after the actual transmission, and email interception (sometimes called email filtering), where email is intercepted and checked during transmission, on employee e-mail accounts? Well, yes and no. Cases in the United States have proven that both are permitted if (a) done in a reasonable manner, (b) backed up by an email policy, and (c) backed by employee training that has been documented.

The best protection is a clear e-mail security Policies and Procedures document that covers all the potential danger zones, then well-planned, regular training that includes all new employees and all new updates to policies. The Society for Human Resource Management urges their members to establish a clear training program to ensure proper and effective use of email. One survey claims that 73% of companies do not offer Web training and 70% do not have a written content security policy.

Another important protection companies can adopt is the addition of legal disclaimers in the footer of every e-mail. Since content sent via email carries the same weight, legally, as those sent on company letterhead, if the email address includes the name of a company, a disclaimer such as, "the views of this email and of Company X's employees do not necessarily reflect the views of Company X," should be built into the template of every company e-mail account.

Another good idea is to emphasize in training, and with intermittent e-mails/memos reminders, that employees must remember that the email system is for business use, not personal use, and that their emails to others should be treated with the same respect as a company letter or memo. Also, it is a good idea to remind employees in writing that company email accounts belong to the company and are, therefore, not confidential for the employee, only the company. Employees should also be instructed to review what they have written before they send their messages and not send messages without verifying the accuracy of the factual information to be conveyed and verifying that the information about to be sent is not confidential information.

Vickie Adair is the senior technical writer at Media A-Team http://www.mediaateam.com and also publishes as a freelance writer. She writes for several websites such as http://www.houstonmanufacturers.com, an online directory and news site for the Houston manufacturing community, http://www.booksisters.com

Dozier Internet Law: Internet Lawyer

Internet Lawyer firm Dozier Internet Law as Internet lawyer experts on online defamation. An Internet Lawyer and President of Dozier Internet Law, John W Dozier Jr is a top rated, preeminent internet lawyer.



http://www.youtube.com/watch?v=Q9hIpaUpPV0&hl=en

Does the First Amendment Always Protect US Media

The First Amendment of the U.S. Constitution, as interpreted by the U.S. Supreme Court, provides the strongest guarantee of free speech in the world. Unlike people in many other countries, Americans are free to criticize each other and government officials in language both fair and foul, to engage in racist or other hateful speech, and to use expletives and other bad language in public. In some states, like California, they may even exercise their right to free speech on other people's private property. Americans are very proud (some foreigners would say inordinately) of their right to free speech; most of them feel that it encourages a strong free press which regularly cleanses corruption out of American government (e.g., Watergate) and thus ensures its unique stability.

By the early years of the republic when the U.S. system of checks and balances was devised, a daring journalistic community had already become established. A bold and scrappy press was an influential force in denouncing the rule of an English King and leading Colonial America into its revolution against the British Empire. With journalistic freedom protected in the 1791 Bill of Rights, the press became an assertive force during the first decades of nationhood. The U.S. media today is frequently known as the Fourth Estate, an appellation that suggests the press shares equal stature with the three branches of government created by the Constitution. But although the press was not established as an institution by the U.S. constitution, today many citizens believe that it constitutes a branch of U.S. government. Numerous debates still rise regarding press's freedom to act as a watchdog of the American government. Is it protected by law?

Several critical court cases have been landmarks in establishing the rights of the press to pursue information and to publish government documents or derogatory information about public figures. The U.S. Supreme Court has held that the media should have some First Amendment protection from the laws of libel for fear that lawsuits and possible monetary damages might disincline media owners from fully reporting on public matters. In order for a public figure to win a defamation case against a media defendant, the plaintiff must show "actual malice," which the courts have defined as knowledge that the published statement was false or as "reckless disregard of whether it was false or not".

In our time, American free speech law has become an issue of international appeal since the Internet rose as another main medium of communication. Probably, this is because many banned groups can take advantage of Internet service providers based in the United States to send their messages around the world, even where such speech is banned. U.S. courts will not enforce foreign judgments contrary to domestic public policy, including the liberal U.S. policy on free speech. As for the U.S. perspective, many Americans dislike attempts by common law jurisdictions to extend their personal jurisdiction to American defendants whose alleged defamatory speech acts occurred over the Internet and were not targeted towards those jurisdictions. If the First Amendment cannot protect them, what else can? Is diplomacy a solution? The fact remains that political and social scientists seem to have set off in unknown waters.

Kadence Buchanan writes articles on many topics including Science, Education, and Kids And Teens [http://4kidsandteens.com/]

Employee Monitoring - Business Risks For Employers And How To Avoid Them

E-mail and Internet use are integral parts of the typical worker's daily routine. Because of its speed and overall convenience, e-mail has replaced the interoffice memorandum as the preferred method of communication. Employee access to the Internet also is important as a means of conducting job-related research and transactions.

For these reasons, employers often have little choice but to provide their employees with Internet access and e-mail accounts. At the same time, however, employees' use of these capabilities carries downside risks for the employer.

One issue posed by employee e-mail and Internet use is loss of efficiency. Recent studies show that businesses lost an estimated £5.3 billion to recreational workplace web surfing in 2003.

Another report indicated that employees are costing their companies nearly £1.5 million a year in lost productivity by spending an average of thirty minutes a day using e-mail for personal, non-work-related reasons.

Another challenge is the risk that employees' computer use will expose the company to legal liability.

For example, according to another survey, almost 72% of the pornographic sites on the Internet are visited during work hours. Openly viewing sexually explicit websites or sending offensive material obtained from the web may create a hostile work environment. Moreover, inappropriate messages sent over the company's e-mail system could expose the company to harassment, defamation, or other claims.

One study found that more than 50% of employees had received pornographic, sexist, or racist e-mails at work.

Still another challenge is the possibility that employees will use the Internet in a way that undermines or violates the employer's rights, interests, and practices. Some employees, for example, may use email to disclose the employer's trade secrets or proprietary information, or to engage in inappropriate contacts with competitors or customers.

So what's the solution for today's employers?

To reduce these risks, employers must monitor their employees' use of e-mail and Internet access in the workplace. Accordingly, employers should be familiar with the law in this area and should implement policies and practices that minimize the risk of lawsuits or enforcement actions.

With such policies in place employers may monitor their e-mail and Internet systems, and employees will conform their actions to the reality that their employer may view their messages.

Policies should be tailored to the workplace environment in which they will exist. For example, in many contexts such as telecommuting the line between business and personal use may be very grey while in other contexts e-mail or Internet access may be provided to an employee only for a clearly defined, limited purpose and thus the lines between acceptable and unacceptable use may be clear.

Employers need to take these various factors into consideration when drawing up their policies. Generally however, an effective policy should inform employees that the employer is the owner of the e-mail or Internet system and that this includes all communications and stored information. It should also include a statement of the purposes for which the system is to be used as well as the discipline that an employee can expect to face for abuse of the system.

There should be a statement advising employees that they should not expect privacy in communications made over the system and that those communications will be monitored to ensure that the employer's property is being used only for authorized purposes.

An employer may also want to include a non-exclusive list of examples of the kind of use that the employer considers unauthorized personal use, or inappropriate use.

Conclusion:

Electronic communication is becoming more and more vital to the modern workplace. The increase in the number of employees equipped with e-mail and/or Internet access raises risks for employers.

The most effective way to manage those risks is by monitoring the use employees make of the electronic communication tools provided to them, by using an Internet monitoring and surveillance software program. But also to deal with the inherent tension between monitoring and employee privacy is to put in place an explicit e-mail and Internet use policy, which informs employees that their communication will be monitored.

Profile: SavvyApps is a privately owned software company which specialises in leading PC/Internet Monitoring & Surveillance Software Solutions for businesses who want to monitor their employees Internet usage.

If you would like to learn more about how PC/Internet Monitoring Software can help your business or would like some more ideas please use the link below:

PC/Internet Monitoring & Surveillance Software

troyriser and Yahweh Clan Harassing Kids

This is not only just one example of how screwed up these people think, but how they act out on their deluded way of thinking. And it continues.. Reminds ,e of the lady who just told mccain that she "heard" Obama was an "Arab".. which of course is completely untrue, and as if that in itself was something bad if he were.. The way some people think is plain scary. These people need to seek some sort of help, if one wants to be deluded and bigoted based on a warped way of thinking,(in this case, having a view that all adults of a certain gender, age, and marital status who watch kids videos or support them "are pedophiles"), its a free country, but once we see someone acting out on these things and harassing others, that's when we step in. You will not be harassing (or giving ultimatums to, making innuendo's about, slandering, defaming, lying about, cyberbullying, cyberstalking, or otherwise tormenting in any way) anyone, adult or child, in our presence. If you do so, there will action taken to stop such actions, and prosecution to the fullest extent of the law will be sought. =====================================Some active Yahweh Clan members: subsevenrising thebeeobee rapist187 xnonameforthiskattx W347H3RM4N NOTLLMTE Idyllicsun metalflakes FUBUXGEAR longdongil therjcarter thelordjehovah FSHKT Current Yahweh Clan Sympathizers and supporters: themaskedanalyst kidtoucher282 bravelittlecockling lolwutdahell claudesbrownring lorduilesnor crueitube yahwehmossad binladenbunny ...



http://www.youtube.com/watch?v=buZOjuPG4ec&hl=en

The Business Legal Checkup - Preventive Advice For the Legal Health of Your Business

More than 250 years ago, Benjamin Franklin famously said, "An ounce of prevention is worth a pound of cure". He was advising Philadelphia homeowners to insure their homes against fire to avoid catastrophic losses. Franklin's advice is just as applicable today to the legal issues of your business.

In this article, we explain a new legal service, Canadian Business Legal Checkup, an audit of legal matters affecting your business. Business Legal Checkup is a diagnostic tool most small and medium size businesses could use to verify if legal aspects of their operation comply with the law and to minimize risk, litigation and expense. When the Business Legal Checkup is completed, the business owner receives a lawyer's report red-flagging matters which need correction, improvement or further legal advice.

A closer look at the Business Legal Checkup

Your business is built on a foundation of laws and legal procedures. As a prudent business owner, you have probably considered the following legal matters:

o You had to incorporate your business. The corporation has been properly set up. All shares are properly issued. Directors and officers have been appointed. The corporate minutes and register are up-to-date.
o You and other directors of the corporation know exactly what your duties and liabilities are. All directors are protected from liability by sufficient insurance coverage.
o You have a shareholders' agreement so that all shareholders know their roles. All partners are treated fairly. There is an orderly method for valuation and termination of the corporation. You understand the minority shareholders rights requirements of the Business Corporations Act.
o You filed a business registration and have a system to renew it before expiry and you have registered any business names that you are using.
o You filed trademark, patent and copyright applications to protect the intellectual property of your business.
o Your URL (web address) is trademarked. You have audited your website to check for breaches of privacy law, defamation and technology law issues. Your online sales portal is set up to avoid legal problems with privacy law, identity theft and contract issues.
o Your licencing and registrations are up-to-date. If your salespeople have to be registered or licenced, you have a system to ensure that their registrations are up-to-date and that their regulatory requirements are being monitored.
o You have a long term lease for your plant or office. You had your lease vetted by a lawyer. You know what it says, including the extra rent the landlord can demand. You know the deadline for your right to renew.
o You use several legal standard forms and contracts in your business. These have all been vetted by a lawyer to comply with applicable laws including the PPSA, the Interest Act, the Consumer Protection Act, the Sale of Goods Act, the Mercantile Law Amendment Act and the Bills of Exchange Act and contract law.
o If you extend credit, you know that your service charges don't exceed the "criminal rate of interest".
o You know prohibitions against misleading advertising and unfair competition in the Competition Act.
o You understand the privacy legislation and you have a system to ensure that you comply each time you collect, use, or disclose personal information.
o Your employees have signed agreements which spell out the length of notice they are entitled to receive if you terminate their employment. You know who is entitled to how much and what to do if you decide to terminate an employee, whatever the reason. You understand your obligations under the Employment Standards Act.
o Your employees have all signed non-competition covenants and non-solicitation agreements to prevent them from taking away your best clients, business procedures, best employees and trade secrets if they leave to set up shop on their own.
o You have a procedure to prevent violation of the Human Rights Code and you know the protected grounds of discrimination. You also understand all of the elements of sexual harassment and you know how to deal with it.
o You know your company's rights and obligations under the Workplace Safety Insurance Act and the Occupational Health and Safety Act.
o You have liability and multi-peril insurance and you know what it covers.
o Your manufacturing and distribution processes are set up to avoid potentially devastating product liability and class action lawsuits. You have minimized risks.
o You keep up-to-date with changes in the law which affect the corporate, contractual, insurance and employment law issues in your industry.
o You have complied with the filing requirements for income taxes, sales taxes and GST. You have had your business and municipal tax assessment vetted.
o You know what precautions to take to help prevent litigation.
o If you are about to get involved in litigation, you have an action plan to maximize your chances of success and to keep the cost in check. When hiring a lawyer, you know what you need and what to expect.

Stop the presses - before we continue - do we hear you saying there are many items on this list that you haven't looked after, that you haven't thought of or which could be updated?

We're not surprised. In our experience, small and medium-sized business owners don't get around to dealing with many important legal issues involved in organizing their business relationships with partners, shareholders, customers, employees and government and in preventing or managing the risk of expensive litigation. Often, agreements are not fully thought through.

Small business owners tend to do only what they absolutely have to do to comply with the law and are reluctant to spend money for top drawer legal services when an inexpensive shortcut appears to do the trick. Your focus is getting your business up and running, getting your product to market, making sales and keeping costs down. You could be lucky and run your business for years without anything going wrong.

Fair enough, but if you disregard preventive legal measures like the ones mentioned, your business is like a driver without a seatbelt in a car that has never been serviced ---in other words, a catastrophic accident waiting to happen.

Here are two examples of business legal nightmares that could have been easily avoided with a program of preventive law such as the Business Legal Checkup. These are actual cases, decided in Ontario courts:

o A Toronto RV dealer sold a motor home to a customer. After using it for a couple of weeks, the customer complained that the salesperson had misled him about a "rental program" and brought the motor home back and refused to make any payments. The dealer sold the motor home as a used vehicle and suffered a $25,000 loss for which it sued the customer.

The Ontario Court of Appeal decided that customer was entitled to return the RV and cancel the contract because the salesman's Motor Vehicle Dealers Act registration expired and was not renewed. This made the contract illegal. The RV dealer didn't have a system to check if all their salespersons' registrations were current. The dealer not only lost $25,000 but also had to pay about $30,000 to their own lawyer and almost that much in legal costs to the customer's lawyer. A Business Legal Checkup could have saved this business most of the $100,000 and a lot of aggravation.

o A southwestern Ontario company was a wholesale distributor of car alarm systems, which started as a basement operation and developed into a successful business. The owner used contract forms he found on the internet. Why pay a lawyer when forms were right there for the taking? His standard form contracts had statements that he didn't fully understand but if they were on the internet, they must be OK. He didn't have a lawyer check them. The standard form agreements didn't create a problem for several years.

The distributor extended credit to CAG, a company owned by a Mr. Don for more than $90,000 worth of car alarms. He wasn't worried about payment because Mr. Don signed the standard form contract --- the one he found on the internet for free --- which stated that Mr. Don was personally liable for everything CAG ordered. When CAG went out of business, the distributor sued Mr. Don. The Ontario Court of Appeal dismissed the claim against Mr. Don because the personal liability clause in the standard form agreement was unclear and was capable of two meanings. The distributor didn't recover his $90,000 and had to pay legal fees to his own lawyer and costs to Mr. Don's lawyer. A Business Legal Checkup could have saved him almost $150,000 and possible financial ruin.

These examples are the tip of the iceberg. As you read this article, you can probably think of other examples that affected your business. In each case, it's more than the legal expenses that are at stake. The business owner has to devote time and sleepless nights to the legal dispute and loses time from running the business.

How does a Business Legal Checkup work?

o You will be asked to complete some forms to provide confidential information about your business.
o You will have a discussion with the lawyer to assess the scope of the Business Legal Checkup. For example, it doesn't cover tax law, environmental law or succession planning unless special arrangements are made.
o A basic Business Legal Checkup will provide a diagnostic review of the legal status of the following issues in your business: (1) Set up and governance of your corporation; (2) Relationships among the owners of the business; (3) Relationships with employees; (4) the contracts and forms used in the business; (5) Competition Law and Illegal Advertising; (6) Intellectual Property, Trade Secrets, Confidentiality and Privacy; (7) Safety and risk management; (8) Risk analysis and efficient management of existing litigation; (9) Internet Issues; (10) Regulatory licencing issues.
o A Business Legal Checkup can also be customized to meet the business owner's specific requirements. This may require consultation with outside legal experts.
o In preparation for the Business Legal Checkup, you will be asked to provide documents and information concerning each category of the analysis.
o After the documents have been reviewed by a lawyer, consultation may be required with other lawyers. Further clarifications may be required from you and other senior officers of your business.
o A report will be prepared explaining the status of each topic and red-flagging issues which require attention and indicating their level of urgency.
o When the Business Legal Checkup report is ready, the business owner may prefer to have the Business Legal Checkup lawyer or legal team present the findings orally. An oral presentation followed by a Q&A session can assist the business owner to plan the next steps efficiently.
o The Business Legal Checkup legal team will facilitate referrals to lawyers who are specialized in resolving the legal problems identified by the Business Legal Checkup.

How much will a Business Legal Checkup cost?

For a small startup business with less than five employees, operating out of a single location and having only one business entity, a Business Legal Checkup can usually be completed for about $5,000 to $7,500 if there are no unusual problems.

Who needs a Business Legal Checkup?

Every business needs to know whether its legal processes are efficiently compliant with the law. Public corporations are obliged to provide certain levels of legal compliance to government and regulatory bodies. A small private corporation does not have the same levels of mandatory compliance but failure to do so voluntarily is like the proverbial ostrich with its head in the sand.

A Business Legal Checkup is also useful for a business owner who is considering the sale of his business or for a prospective purchaser of a business. Minority shareholders could insist on a Business Legal Checkup annually or bi-annually to ensure that management and the majority shareholders are meeting their obligations to the corporation.

A Business Legal Checkup may also be a credibility tool for a business seeking financing or government contracts. Unlike a financial audit, ISO9001 and ISO 14400 compliance standards, the Business Legal Checkup is a confidential report to management only and expressly excludes reliance by outside parties. If an outside party, such as a lender or investor, will receive a copy of the report, the Business Legal Checkup legal team must be informed in advance so that concerns relevant to these outside parties can be taken into account.

Where can my business get a Business Legal Checkup?

So far as we know, the Business Legal Checkup, as a fixed-price legal diagnostic tool for private small and medium-sized businesses is a new legal service in Canada. Interested business owners are invited to contact us for information.

Benjamin Franklin's famous advice has evolved. A Business Legal Checkup can be much weightier than an "ounce of prevention". It could provide "tons" of preventive advice to save your business from damaging or catastrophic expense. The Business Legal Checkup will also provide the business owner with peace of mind which, as another saying goes, is "worth its weight in gold".

October 2008. © Igor Ellyn and Orie Niedzviecki
This article is for information only and not legal advice.

Igor Ellyn, QC, CS and Orie Niedzviecki, Partners

Ellyn Law LLP, Business Litigation Lawyers, Toronto
http://www.ellynlaw.com

Igor Ellyn, QC, CS and Orie Niedzviecki are partners of ELLYN LAW LLP Business Litigation and Arbitration Lawyers, a Toronto law firm, established specializing in dispute resolution for small and medium businesses and their shareholders.

The firm is a member of INBLF (http://www.inblf.com) and its designated Toronto firm for shareholder disputes. Igor Ellyn is a Specialist in Civil Litigation and a past president of the Ontario Bar Association. He is a chartered arbitrator and mediator and the author of many legal articles, some of which may be downloaded from the firm's website.

Orie Niedzviecki is a business litigation lawyer, whose practice includes commercial disputes, employment law, libel and slander, construction litigation and estate litigation. He is also admitted in the District of Columbia, USA.

For more information about the authors and their litigation services, please visit http://www.ellynlaw.com

The Benefits and Cautions of Using YouTube

The company was founded by three guys that have previously been employed by PayPal. They developed the website to make it simple for users to upload, view and share video clips. The clips are displayed using Adobe Flash technology and any unregistered visitor can see user-generated video content of almost every genre of movie clips, TV clips and music videos.

Registered users can upload an unlimited number of videos. Videos containing potentially offensive content are prohibited from uploading. This includes any subject matter that includes pornography, nudity harassment and defamation. Commercial advertisements are not permitted, but the slick corporate marketing departments have been quick to make clips with subtle promotion of their products disguised as amateur videos.

You Tube Facts

o On November 13th, 2006 Google Inc. closed a deal that gave it ownership of the social media company for $1.65 billion in Google stock.
o In 2007 it was estimated that You Tube consumes as much bandwidth as the entire internet in the year 2000.
o Approximately 13 hours of video is uploaded with high speed internet every 60 seconds in 2007
o 79 million users made over 3 billion video views in the month of January, 2008.
o Its bandwidth costs were in the range of $1 million a day by March 2008.
o As of Q1 2008, Google reported that You Tube was not profitable but a Forbes magazine article in June projected 2008 revenue to be $200 million.
o Early summer 2008 the cost to advertise on You Tube was $175,000 per day and a branded channel cost advertisers $200,000.

One of the biggest issues faces by the video giant concerns copyright laws. Users are advised to only upload clips for which they are authorized, but since You Tube does not view the clips before they are posted it is up to the copyright holder to issue a takedown notice. Viacom went to the extent of issuing a lawsuit demanding $1 billion in damages, stating that 150,000 unauthorized clips of its material had been viewed 1.5 billion times. Since then You Tube has implemented a system that checks video content against a database of copyrighted material. Beware high speed internet video "uploaders", in July 2008 Viacom won a court ruling that forces the online company to hand over details on the viewing habits of every user who has watched videos on the site.

For more information on High Speed Internet visit http://www.satellitestore.com

Outsourcing Trends - 5 Ways to Breakthrough the Latest Barriers

Companies have strategically implemented outsourcing into hiring plans to provide an expertise for a specific time period or project to augment or replace missing skill sets of full-time employees. Outsourcing has also proven to be a mechanism to cushion operations expenses during budget crunches. Both of these reasons have spawned revenue growth of 7.7% in 2007 and aggregate revenue of $65.7 billion for the 10 largest staffing companies(1).

The demand for quality consultants has increased while the supply has plummeted due to the latest surge of staffing companies pushing low-paying consultants with little to no experience onto assignments that require the savvy to understand business logic, comprehend requirements, and have a common sense approach to solving problems based on the standard ways of conducting business in America.

Companies and independent consultants must safeguard their executive decisions and professional reputations in the wake of the new outsourced community. Based on our research in the marketing, public relations, software, and professional services industries, the following identifies the five most glaring outsourcing trends that are affecting these professionals:

1) Just-In-Case Phishing

Most staffing companies do not have job requirements (aka reqs) for open positions. Instead, the recruiting managers post jobs and send emails to previous candidates to send updated resumes in Word format to increase the value of their candidate pool. This is a sales approach to convince potential or existing clients they have qualified candidates to meet all hiring needs but with one caveat - the qualified consultant does not know that his name is being considered for a contract. In addition, this does not help a consultant who is really in search of a valid contract, desires to review options in confidentiality, or has an offer that can be negotiated directly or through another staffing company for a better rate.

Companies: Be leery of the used-car salesman staffing person that always claims to have resources available to meet all needs. Chances are they have the job requirement posted on all the employment boards based on any prior conversation.

Consultants: Don't send resumes unless you know the name of the client, actual pay rate, project duration, and timeframe for interview. If it can not be provided, waste no more time.

2) When In Rome, Look Like the Romans

Even in 21st century America, the staffing manager usually presenting and negotiating the contract or staffing arrangement is normally of the same descent as the client's hiring manager. Approved vendor status usually means there are a certain set of qualifications a staffing company must meet. For example, financial statements, recommendations, proof of insurance, MBE Certifications, and proof of W-2 employment are some examples that are required to be an approved vendor for many Fortune 500 companies. However, unless the contract is with a well-known staffing company like KForce or Teksystems, chances are you need to do research from a network of colleagues or companies that have hired resources for similar job requirements.

Most MBEs still have the exact opposite demographic negotiate contracts, play golf with the decision makers and entertain clients. Once the negotiation is done, these "front men" are either barely accessible until there is another commissionable deal or if there is a problem. Keep in mind the loyalty is to the "front men", not the consultants performing services because the former keeps business engaged.

Companies: Call colleagues for a discovery of their best experiences and the names of specific recruiters at staffing companies. Request company financials and references from leadership at other equivalent sized companies.

Consultants: Email friends in the business to get a better perspective for each staffing company. Ask for documented payment procedures and company financials and references. After all, your services are not free.

3) The Weakest Link

Most quality staffing companies do not advertise they are additionally outsourcing when they are on an approved vendors' list. Instead they send job reqs to "fly-by-night" staffing companies to find resources in secret for them. This prevents a client from seeing the job requirement is posted and they do not readily have someone on staff to fulfill the need (as was most likely promised). It additionally allows another easy-out for payment obligation to the consultant providing the service because the contract is between the "indirect" vendor and the consultant. Financially, this also determines how many entities are taking a cut of the consultant's rate. In the long run, you may ask, "who is responsible for payment"? Not the client, not the direct vendor, but the "indirect vendor" that probably does not have money to sustain weeks of payroll. For example, many additional staffing companies and independent consultants were not paid for November and December of last year if they had any link to Chimes or Axium - the largest temporary staffing company - after they filed bankruptcy in January 2008 with no remedy to pay vendors. (2) This left the smaller insolvent outsourced staffing company with the financial burden to pay consultants that had already provided services to major corporations.

Companies/Consultants: Check several job boards for the same requirements that were provided to the direct outsourcing company. This will dictate the lack of quality consultants that will be presented to you.

Consultants: Compare the rates, payment procedures, and direct client longevity. Note: A direct client relationship is not staffing company to staffing company. A direct client is the company that will issue a badge, parking space, network id, computer, and daily office space.

4) Rename After Defame

Thorough research is mandatory to understand who is being trusted to locate resources. Oftentimes there are quite a few lawsuits or pending judgments for monies owed to other vendors or individuals that can be hidden when a company files bankruptcy and changes its name to both eliminate financial responsibility and avoid professional defamation. Additionally, some of these companies form corporations in the state of Delaware to avoid paying taxes and being researched in the state they are really doing business.

Companies/Consultants: Review D&B listings and ratings, Lexis-Nexis information that can be acquired through an attorney or general counsel or through colleges and universities, and public Supreme Court and Civil Court filings across both Delaware and the state in which the business is being conducted. Taking extra steps and extra hours for research upfront can save money and time in the future.

5) Float Until You Sink

Even in non-tumultuous economic times, payment has become a problem for consultants. While most Fortune 500 companies often pay within 30-45 days of being invoiced, the new staffing company floats until they eventually sink if they are not paid in a timely manner from their clients. Additonally, the more "front-men" these staffing companies use, the more commission they must pay from overhead they don't have or have not collected. For example, an insolvent one-consultant staffing company can not afford to add more consultants because if its client does not pay on time, there are no backup funds to pay the consultants. The underlying problem is two-fold: consultants are out-of-money and therefore forced to live off savings to maintain payment obligations like mortgage and car payments and companies needing the consultants' services may lose an expert at an inopportune time because consultants don't work for free.

Companies: Due diligence in research of financial statements is mandatory. If there is a warning sign (i.e. emails from consultants regarding late pay, NSF checks provided to consultants, untimely invoicing, etc.) of a staffing company not paying a resource on time, discuss with management to expedite payment and work to remove the staffing company from being a preferred vendor.

Consultants: Needless to say, be extremely careful if you are not dealing with the true direct staffing company. Review financial statements and have an attorney review any contracts and append payment clauses that include adding a late fee, paying legal fees, and decreasing the payment turnaround time from 30 days to a more manageable time frame. Another option is the removal of any exclusivity clause if payment arrangements are not satisfactorily met. This allows allow either a direct relationship with the client or another direct staffing company.

Indeed, the world of consulting has been compromised for both companies that want to outsource and consultants that really have the expertise to help create and develop powerful solutions to make a difference. Outsourcing can, however, prove to be a positive experience for both sides if thorough research and scrutiny is incorporated into decision-making. By understanding the most recent trends of the outsourcing community, the most qualified consultants can eventually be connected to great projects across small-to-medium-sized businesses - a cooperative trend for a win-win team.

(1) http://www.examiner.com/p-168029~Largest_Staffing_Companies_Grow_Revenue_an_Average_of_7_7__in_2007.html

(2) http://hotgigs.typepad.com/hiringexchange/2008/01/axium-chimes-fi.html

Temeko Richardson leads the strategy business intelligence team at EnsyncTrends, which has compiled national statistics and full analyses on the outsourcing phenomenon in America. You may email trend.consult@ensynctrends.com to subscribe to the findings.

NINTEGA aka SAGAIA2's Epic Fail Douche fell flat on his face

http://www.youtube.com/watch?v=_Z2dXRi6wLM&hl=en

Personal Injury Lawyer - Your Legal Representation

There are lots of people who are really fascinated with Miami. There are some who call it as paradise of fun and enjoyment because there are lots of tourists who spend their vacation in Miami. There are lots of positive aspects that you can hear from different people. But with all of these positive sides of Miami, it does not mean that accidents may not happen.

You cannot really avoid accidents to happen but there are times that you are ready but most of the time you are caught unaware of it. An accident that is due to the negligence of another person, it is known as personal injury. In the case of personal injury, it is important to consult a injury lawyer immediately.

Personal injury may comes in different ways such as, vehicular accidents, malpractice of professions, product malfunctions, slip and fall, accidents in the workplace, defamation and other injury. If you are the victim of the personal injury it is important that you have to consult the Miami lawyer. Once you are in Miami, for sure there are lots of lawyers that are just around and are willing and ready to give legal representation.

Most of the time Miami personal injury lawyer recommend to their client to have out of court settlement in order to avoid the high cost of litigations. But once the case become messy, then it you have to hire the best lawyer that can represent you effectively. Actually there are lots of lawyers out there but choosing the right one will be the tedious part of it. You can do the search through the internet. You can visit some websites of lawyers and check their profile. For sure there are some websites that contains some testimonials of their past client. You can also visit a law firm and check out their lawyers. After gathering some names, you can conduct a short interview with them so that you will have the chance of knowing their capacity and ability to defend you.

It is also important to choose the Miami personal injury lawyer that is familiar with the law. Actually there is only one law that needs to be follow but there are some certain states that have an additional law.

As you find the right Miami personal injury lawyer, you can be sure that you will be able to gain the right compensation that you need. With all the suffering and pains that you are gong through, having the right lawyer that can represent you will have a bigger chance of getting what is right for you.

Miami Personal Injury Lawyer
Eliza Maledevic Ayson writes for Jump2top.com - SEO Company

Exposing the CRIMINAL Libel & Slander of the Bolshevik Left against Chaim Ben Pesach & JTF!!!

http://www.youtube.com/watch?v=2C7KufDSDY4&hl=en

Defamation - Slander and Libel

While office gossip is generally as harmless as it seems, there are instances in which an individual can sue for damages when someone tries to give them a bad name. This is defamation, an aspect of tort law which allows one to seek monetary damages when a statement is made that claims, with an implication of complete truth, that may give an individual, business, product, group, government or nation a negative image. This negative image must result in some form of damage to emotional state or monetary standing. The one golden rule in both libel and slander defamation cases is that the negative image that was portrayed must be false. The statement must also have been communicated to someone other than the defamed person or entity.

There is some leeway in defamation suits in regards to the complete, undeniable truth of the defaming statement. One can still sue under the defamation law of false light even if the statement was technically true but still misleading. False light is only intended to protect emotional state or well-being and has more restrictions on damages than that of slander or libel defamation.

Libel

When a defamation lawsuit involving a false and damaging statement is taken out, the defamed party must indicate whether the type of defamation was slander or libel. Libel is when a harmful statement is published in a fixed medium of durable form such as a newspaper, magazine, newsletter, film, television broadcast, internet website . Whether or not libel can occur on blogs or internet bulletin or discussion boards is a hotly debated topic. The scope and frame of libel has grown rapidly as the internet becomes more and more of a vital source of publication in our society. Although the most common form of libel is a harmful statement in the form of written words, it can also be a suggestive picture, sign or electronic broadcast.

Slander

Slander is when the false, defaming statement is made through a fleeting form, such as speech, sign language or gestures. Both libel and slander cases require that the defaming statement or material was published. Random conversation such as gossip at a bar or around the office does not qualify as slander.

Publications and individuals alike need to use caution when publishing potentially damaging material. Defamation can be avoided as long as the facts are straight.

For more information on defamation, visit South Carolina area lawyers

Joseph Devine

Reference Checks - Irrelevant?

Yes. Reference checks are completely irrelevant and often misleading. I ran a reference check on a candidate and the manager had nothing but praise for the candidate. The candidate got the job and was fired on the first day. It was nice that I could tell my manager I did the reference to cover myself, but I could have made it up since it proved irrelevant.

Smart candidates will prep their references and will not give out the names of people they did not get along with. That's common sense. No one can get a long with everyone; somebody will assuredly dislike you for something or other. But you can be certain that a reference will have positive things to say about you.

Candidates often do not want to give out references at first contact because many believe (rightly) that the recruiter will use that reference to make a sales call. I never make my candidates give me references on the first call, rather if I am required to; I wait until I have an interview. That way you have more of a give and take relationship with the candidate and there is more trust between you.

Recruiting firms offer reference checks as a service to their clients. To legally do a reference check, you must have written permission to do so. If the manager bad mouths a candidate, that company could be in for a defamation or business interference (tortuous interference) lawsuit. This is one reason why many large companies have a policy against giving any references other then Start date, end date, and re-hire status, and even that they give out with great care.

Thus, with savvy candidates and weary former mangers a reference check is a largely perfunctory exercise that does not glean any new information about the candidate nor is it a very effective device in forecasting future performance and is therefore irrelevant.

Gene Leshinsky
Techruiter
Toll Free: 1-800-791-7794
http://www.boston-technical-recruiter.com

Personal Injury Litigation

Personal injury litigation can be classified into 2 different categories. These are as follows:

Negligence cases - These arise when the person causing the harm does not actually intend to do so.

Intentional acts/'torts' - These are the wrongful acts of another person which entitles the injured party to seek damages through the court.

This article is about the second category, that is, the intentional 'torts'. ("Tort" is just a fancy word used for the wrongful act committed with an intention of causing harm to the other person.)

An 'intentional tort' is the one that arises when a person "intends to commit the wrongful act" and ends up causing injury to the other person. Even if the injury suffered is far more than what was intended, a case can be filed by the injured against the person causing harm.

However, since most of the insurance policies do not cover the intentional wrongful acts, it can be really difficult to obtain a legal compensation from the person who commits an intentional tort.

There are two possibilities that arise:

• Injuries can result from the acts of more than one person
  


• Multiple causes of action might arise from the same act(by one party)

Thus, there is a big difference between the negligence cases and the intentional torts. To explain this, let us take the example of a daycare center employee who has been given the duty to provide adequate supervision of the premises and to ensure the safety of the children. In this case, if the employee, himself, harms or molests a child, his act will be considered as an intentional tort.

On the other hand, if he just allows strangers in the premises who end up causing harm to the children, the daycare center's conduct may support a legal cause of action for negligence.

Following are the most common intentional torts:

• Assault and battery
  


• Child abuse or molestation
  


• Defamation of character

To conclude, most of the criminal acts support a lawsuit depending upon the intentional wrongful conduct of the criminal.

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Choosing a Personal Injury Attorney

A personal injury attorney may be your best option if you find yourself in need of legal services. From defamation of character to physical injury received due to negligence, an injury lawyer will help you deal with all types of injury cases. The following tips will help you find the best injury attorney to cater to your needs. A lawyer who is competent and trustworthy is your best chance at winning compensation, no matter what type of injury you suffer from.

You will need to locate a lawyer who specializes in injury cases. By law, personal injury lawyer are required to hold a specialized certificate, which qualifies them to practice personal injury law. To become a lawyer, they must also complete a degree at a four-year university and pass the bar examinations.

You should talk to your colleagues, friends, and family to get recommendations for a lawyer. It is probable that someone you already know has utilized a lawyer, whether it was for personal injury or not, they could still offer you advice on what to expect or who to use. Just because they may not have used a personal injury attorney does not mean they did not require a lawyer for immigration, a divorce, or for drawing up a will and that attorney will have some colleagues that they can recommend.

In addition, if you have internet access you can use it to find a good attorney. Many personal injury attorneys are found online and you can read reviews that may help in your decision-making. Performing a search in Google on "Personal Injury Attorney" will return many hits, enough to keep you busy. Make a list of the attorneys you wish to visit then call to set up appointments with each one.

Another tip would entail making a list of questions to ask every attorney that you have an appointment to see. Questions should be used to help make your decision on an injury lawyer and help you to qualify which one will be the best given your circumstances. Lists of questions to ask are: have you won any cases and how many, will you personally handle my case, how long have you practiced tort law, and how will you move forward with my specific case?

It is important that you actually like your lawyer and feel comfortable discussing your case with them. They should be professional and personable. Moreover, they should be less concerned with getting your payment and more concerned with how to win your case.

These are a few suggestions and tips designed to help you to best qualify a personal injury attorney. Remember that there are just as many unethical lawyers as there are great attorneys and you do not want to find yourself stuck with someone who is not going to fight for your case and just steal you money.

Hiring a Personal Injury Attorney is a very important decision. Thank you for taking the time to read my article! Please also visit the Walk In Closet Design.