Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

November 2, 2012

Quick links...

Bit busy today, so I merely offer up two blogs that I've skimmed and want to spend more time reading soon... They're of a kind in that they both take a subject and treat it with semi-obsessive levels of scholarly consideration.

First, Law and the Multiverse in which real world lawyers address the legal issues if superheroes were operating under real world, American laws. For example, how would the law handle Johnny Storm's marriage to a Skrull posing as Alicia Masters? Is the Rocketeer guilty of murder? Could the Scarlet Witch use the insanity defense against House of M-related charges? It's fascinating stuff, but I do warn you that these are serious legal guys, and they go through the legal issues in pretty serious depth.

Secondly, there's the Physics of Baseball which takes some of the new technological marvels - super slo-mo,  long-term pitch data, play-by-play recounting - and uses it to analyze what's going on with the motion and forces in a baseball game. Check out, for example, the exploration of Hunter Pence's double where his bat made contact with the ball three separate times in one swing. He also offers up a HUGE selection of knuckleball articles, a particularly curiosity of mine.

Back next week with something a little more substantive.

October 9, 2012

Indeterminate

"Indeterminate"

That's what the recently-released Ohio Auditor of State's INTERIM Report on Student Attendance Data and Accountability System announced Princeton High School's status to be.

A little background here...

Every student in Ohio is required to attend school. That's not terribly different from it is in most every state in the Union. Each state has a few loopholes that allow parents to pull their students from schools if they can show that they're being responsible for their child's education - filing educational plans with the local school board, stuff like that.

Because of this requirement, each school is required to demonstrate that they are definitively educating each student in their district. If a student is assigned to a school, they stay assigned to that school until there's proof that the student has been assigned to a new school. You can't, in other words, withdraw a student until their new school enrolls them - meaning until you get a request for records from that new school.

Seems pretty straight forward, sure, but there are two complicating factors, both of which are part of the state report card for schools: attendance and state testing. Every school is 'graded' on a series of factors, most of which are based on various state-wide tests (10th-grade science, 4th-grade math, 5th-grade reading, etc) with attendance and graduation rate thrown in for good measure. We have to test every student in our building, but we only have to count the scores of the students who are 'ours' for 120 consecutive days - from the end of September through the March testing dates. If a student scores poorly on the state test but hasn't been with us for 120 days, that score doesn't count for us. This, then, gives schools incentive to err on the side of over-removing low-scoring students who have less than constant attendance to keep our state testing percentages as high as possible - while also giving us an incentive to (sometimes) under-remove students because we need attendance percentages of at least 93%.

Let's say, for example, that a student takes the test and leaves Princeton to transfer to another school. If we receive the request for records on what would be the student's 122nd day with Princeton but the student left on day 115, the official state policy of removing the student on day 122 may hurt us doubly as the student was not in school for days 116-122 and maybe the student's test score wouldn't have helped Princeton's numbers.

'Indeterminate'

Apparently things like this have been going on all over the state - definitely in Lockland which was officially announced as having fudged their attendance/testing numbers this past year and whose cheating has set off a fire storm of investigation by the Auditor's office. The Auditor's office developed a list of one hundred schools whose statistics - students tested, students whose results were cleared - suggested that they needed a second look. Alphabetically, Princeton High School was #73 on that list (linked above) which meant that Princeton was visited by staff from the Auditor's office for a week or so who asked questions regarding our attendance recording.

This wasn't ever officially discussed with the staff or anything. We just...you know...heard about it here and there and got to read the following announcement on the district website...
STATE AUDITORS REPORT NO EVIDENCE OF ATTENDANCE TAMPERING 
The Princeton City School District was notified on September 4 that the office of Ohio State Auditor Dave Yost wished to review our procedures and supporting documentation for student attendance for fiscal year 2011 for Princeton High School. Princeton, along with approximately 100 other schools in the state, was selected due to our high mobility rate that resulted in a large number of students not meeting the criteria for Full Academic Year (FAY). Only students that are continuously enrolled from the first week in October through the week of state testing are considered to meet FAY and have their test scores count on the district report card.  The complexity of urban school districts, as well as those districts adjacent to them, is not widely understood. These school districts often have high rates of poverty and homelessness that may result in families having to relocate frequently.  Additionally, Princeton serves as the fiscal agent for a juvenile court facility.  These attendance files and records are property of the facility, and Princeton does not have access to these requested records. 
While the financial auditors assigned to this work had no experience with this type of paper audit and the types of documentation they would encounter in the process, they were open to learning about the complex system of paperwork surrounding the lives of many students and families in school districts while still managing student confidentiality. The state auditors were present in the school district for five days reviewing student records to verify enrollment and withdrawal of individual students.   No evidence of attendance tampering was identified. Princeton staff appreciates the suggestions from the auditors for improved efficiencies for the management of our paperwork and will begin to improve our systems immediately.
So it seems that Princeton is in the all-clear...at least according to Princeton's website announcement.

And then the big INTERIM report came out and broke the schools down into various categories: 'Schools With Evidence of Scrubbing' (36 of those), 'Schools With Errors' (28 of those), 'Clean Schools' (21 of those), and 'Schools Indeterminate as of the Date of This Report' (15 of those). That last category is the one where I'd like to spend a little time today because there are two schools that are sort of near and dear to me and mine in that category: Hamilton High School and Princeton High School.

Here's what the Auditor's INTERIM report has to say about that last category of schools...
The following table describes the schools where enrollment testing for the 2010‐11 school year is still indeterminate due to factors outside AOS control (e.g., schools are still gathering student information files and other information to support enrollment) as of the date of this report
It's not anything definitive there. There's no concrete proof of any maleficence (big word, huh?) or anything, but I'm not sure anything as definitive as 'no evidence of attendance tampering was identified' in the word 'indeterminate' either.

With all this hullabaloo, all this kerfuffle, all this turmoil and tumult, all this brouhaha, all this upheaval, of course, the report cards for the 2011-12 school have yet to be released - at least a month later than they've always been released in the past years.

(Source - WVXU)

May 26, 2011

Two thanks



Thank you, FuzzyPack...

And while we're at it, thank you, Maryann Sumi.

May 18, 2010

Update: I've been served

This summary is not available. Please click here to view the post.

May 14, 2010

I have been served

Interesting email in the gmail inbox today...to quote...
Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to "draft" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.

A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. For more information on our DMCA policy, including how to file a counter-claim, please see http://www.google.com/dmca.html.

The notice that we received from the International Federation of the Phonographic Industry (IFPI) and the record companies it represents, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). Please note that it may take Chilling Effects up to several weeks to post the notice online at the link provided.

The IFPI is a trade association that represents over 1,400 major and independent record companies in the US and internationally who create, manufacture and distribute sound recordings (the "IFPI Represented Companies").


Sincerely,

The Blogger Team

Affected URLs:
http://distantearthling.blogspot.com/2010/05/dame-shirley-bassey-performance-2009.html
http://tuneldotempomusic.blogspot.com/2009/02/worlds-famous-supreme-team-hey-dj.html
http://makingchemistry.blogspot.com/2010/05/pretend-you-cant-take-what-you-found.html
http://indiehere.blogspot.com/2010/05/keljet-lcd-sound-system-remix.html
http://honkiesonholiday.blogspot.com/2009/02/mixtape-4-sweet-sweetdocs-baad-aassss.html
http://elrincondelpiojex.blogspot.com/2010/05/disturbed-sickness-2010.html
http://popmonstergpmv3.blogspot.com/2010/05/extreme-lady-gaga-leaks.html
http://ruzannarahmat.blogspot.com/2008/09/nsync-god-must-have-spent-little-more.html
http://popmonstergpmv3.blogspot.com/2010/05/california-gurls-feat-snoop-dogg-katy.html
http://elrecreodecaruso.blogspot.com/2010/05/panteradiscografia.html
http://prosofobiak.blogspot.com/2010/05/doors-doors-1967.html
http://darkneurotic.blogspot.com/2010/05/mia-born-free.html
http://rihannasboi-skinz.blogspot.com/2008/11/beyonce-world-wide-womanwww-slow-down.html
http://thisisoneclick.blogspot.com/2008/07/bunch-of-updates-again.html
http://wongiesmusicworld.blogspot.com/2007/07/remix-baby-beyonce-green-light-got-me.html
http://electriczoo.blogspot.com/2007/09/back-from-dead.html
http://thisissoscene.blogspot.com/2009/04/yo-gabba-sceeeeeene.html
http://anightoutwithdiscodave.blogspot.com/2009/04/black-blood-aie-mwana.html
http://fordoyo.blogspot.com/2009/07/flipsyde-someday.html

http://themixfactory.blogspot.com/2010/04/essential-swiss-progressive-house-mixes_24.html
http://thefreshguideline.blogspot.com/2010/05/yet-again.html
http://stdjselection.blogspot.com/2010/05/3oh3-my-first-kiss-ft-keha-and-more.html
http://energgymix.blogspot.com/2008/03/set-dj_08.html
http://prostylemusic.blogspot.com/2010/04/inna-fleeo-dj-burak-coskun-2010.html
http://shellgrowback.blogspot.com/2009/08/silly-sundays-rupert-holmes-psycho.html
http://musicsnobsanonymous.blogspot.com/2010/05/new-ratatat-party-with-children.html
http://cristhianpaiva.blogspot.com/2010/05/sandy-manuscrito-2010.html
http://rapmusicpremieres.blogspot.com/2010/05/roscoe-dash-all-way-turnt-up-feat.html

http://tuwebdedescargas.blogspot.com/2010/05/joaquin-sabina-vinagre-y-rosas-2010.html


http://ohheavenlydog.blogspot.com/2008/11/better-swing-child.html
http://j-mandujano.blogspot.com/2009/11/vico-c-babilla.html
http://garpurumputmediamp3.blogspot.com/2010/01/animal-collective-brother-sport.html
http://idtmi.blogspot.com/2006/10/check-cool-wax.html

http://hiphopalbumbase.blogspot.com/2010/04/r-kelly-untitled-2009explicitretailgrou.html
http://hiphopalbumbase.blogspot.com/2010/05/jay-z-blueprint-3-2009explicitretailgro.html
http://hiphopalbumbase.blogspot.com/2010/05/eminem-relapse-2009explicitretailgroupr.html

http://thisjustins.blogspot.com/2010/05/50-cent-before-i-self-destruct.html
http://musiconvinyl.blogspot.com/2008/12/adventure-rupert-holmes.html
http://anglophilesanonyous.blogspot.com/2008/01/rogue-wave-lake-michigan.html
http://downloadtaky.blogspot.com/2010/04/le-vibrazioni-le-strade-del-tempo.html

http://shinealighthome.blogspot.com/2010/05/drake-all-night-long-miss-me.html
http://djandrezinhosp.blogspot.com/2010/05/rupert-holmes-him.html
http://thesentimentalmusic.blogspot.com/2010/02/terminal-rupert-holmes.html
Wild, man, just wild.

Sadly, I can't point you to the offending posts (mine and all the rest) because Blogger has, indeed, thrown them back into draft status.

The basics of the post (from way back in October 2006) was that I dug the Check the Cool Wax blog.  It was - and only still sort of is - a blog in which the blogger took old 45s and LPs, spun them into digital content, and posted the results as downloadable mp3s - typically zipped for space.

He had rare work from tons of artists, many of whom I'm down with, and I pointed out a dozen or so particularly cool cuts on his blog, and I included a record cover from Music to Read James Bond By as a period-appropriate album that had been then-recently on Cool Wax.

As of now, I'm not sure what the supposed copyright infringement was - my posting of the photo might be considered an offense, and I'm fairly certain that what Brainwerk (the blogger of Cool Wax) was doing was massively copyright infringement, but my admittedly limited understanding of copyright law doesn't make me think that my linking to someone else's copyright infringement would necessarily be an offense on my part - and I'll not be able to find out exactly what the complaint was just yet because the official cease and desist order - sent, understandably to Google rather than to me - hasn't yet been posted on chillingeffects to whom Google says they send all cease and desist notices.

Copyright in the digital age is fascinating, man, fascinating, and I'm looking forward to seeing the official complaint before I go off half cocked and start screaming about the man locking up my words, muzzling the voices of the downtrodden, but I am certainly curious to see the official complaint from the complaintant.

In the meantime, feel free to check the cool wax.  The blog hasn't been udpated since at all since August 2009 and not regularly since summer 2008.  Many of the download links still work, however, so there's still a bunch of good stuff to be had.

Admittedly, I feel kinda like the boys here...



Edit - I got a second email about three hours after the first one.  Similar but not quite identical content...
Blogger has been notified, according to the terms of the Digital Millennium Copyright Act (DMCA), that certain content in your blog is alleged to infringe upon the copyrights of others. As a result, we have reset the post(s) to "draft" status. (If we did not do so, we would be subject to a claim of copyright infringement, regardless of its merits. The URL(s) of the allegedly infringing post(s) may be found at the end of this message.) This means your post - and any images, links or other content - is not gone. You may edit the post to remove the offending content and republish, at which point the post in question will be visible to your readers again.

A bit of background: the DMCA is a United States copyright law that provides guidelines for online service provider liability in case of copyright infringement. If you believe you have the rights to post the content at issue here, you can file a counter-claim. For more information on our DMCA policy, including how to file a counter-claim, please see http://www.google.com/dmca.html.

The notice that we received, with any personally identifying information removed, will be posted online by a service called Chilling Effects at http://www.chillingeffects.org. We do this in accordance with the Digital Millennium Copyright Act (DMCA). You can search for the DMCA notice associated with the removal of your content by going to the Chilling Effects search page at http://www.chillingeffects.org/search.cgi, and entering in the URL of the blog post that was removed. If it is brought to our attention that you have republished the post without removing the content/link in question, then we will delete your post and count it as a violation on your account. Repeated violations to our Terms of Service may result in further remedial action taken against your Blogger account including deleting your blog and/or terminating your account. If you have legal questions about this notification, you should retain your own legal counsel.

Sincerely,

The Blogger Team

Affected URLs:

December 20, 2009

In the interest of full disclosure



The recent changes in the Federal Trade Commission's position on blogging - which you can read here - means that every blogger must disclose whenever he or she receives any sort of payment - cash or merchandise - in return for consideration, even reviews published on a blog.

I can only think of one or two times when I ever received any free stuff that I then mentioned on this blog, and I think I've been pretty clear and forthcoming about those times, but, in the interest of legality and full disclosure, I offer up this legalish bit of blahbitty blah...(thanks, DisclosurePolicy.org)...
This policy is valid from 13 December 2009

This blog is a personal blog written and edited by me. This blog does not accept any form of advertising, sponsorship, or paid insertions. We write for our own purposes. However, we may be influenced by our background, occupation, religion, political affiliation or experience.

The owner(s) of this blog will never receive compensation in any way from this blog.

The owner(s) of this blog is not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.

This blog does not contain any content which might present a conflict of interest.

If any of these claims change, notification will be provided in an appropriate manner.
Ain't life in a litigious society grand?

If you want to know more, DisclosurePolicy.org did post a series of videos from Mary Engle, Associate Director Bureau of Consumer Protection that you can check out.

June 30, 2009

Our stupidly litigious society

A man recently sued the Oakland A's for sex discrimination because of their Mother's Day promotion.

His view was that the giving of floppy hats to the first 7500 women in attendance was a clear act of sex discrimination.

So he sued...and won...a $510,000 class action settlement on behalf of the men in the crowd.

We live in a stupidly and ridiculously litigious society, folks.

December 28, 2008

Just wanna see the flick

There's been a judge's ruling in Fox's lawsuit claiming that Warner Bros. owes them some cash for the rights to the Watchmen movie.

It's not a good ruling if you're on the side of "just wanna see the movie released so I can watch the stupid thing".