07th Dec2011

Is Facebook Building Non-User Profiles?

by iSpit

Ireland‘s Data Protection Commissioner filed a lawsuit against Facebook in August claiming that the social network is creating “extensive profiles”of non-users with information gleaned from the profiles of its 800 million users.

“Facebook Ireland is gathering excessive amounts of information about data subjects without notice or consent by the data subject,” the filing reads.

Facebook categorically denies the claim.

“The allegations are false,” Facebook spokesman Andrew Noyes told FoxNews.com. “We enable you to send emails to your friends, inviting them to Facebook. We keep the invitee’s email address and name to let you know when they join the service. This practice is common among almost all services that involve invitations — from document sharing to event planning.”

This is not the first time such an allegation has occurred. In 2007, consumer watch groups claimed Beacon was collecting and storing non-member user data as well. Facebook also denied that those transgressions were happening.

And it’s likely there is not anything to the latest claim, either.

But as Facebook grows larger and people store more and more information on its servers about themselves and their friends, this will continue to be an issue for Mark Zuckerberg and the company.

26th Nov2011

Paid Slavery: Tentative Deal Reached, The NBA Lockout To End On Christmas

by iSpit

With a Christmas Day tripleheader on everyone’s wish list and a tentative labor agreement in place, NBA owners and union officials went back to work Saturday, relaying details of the deal with hopes of cementing it quickly.

After a 149-day lockout that ultimately will cost the league approximately a half-billion dollars in losses, a marathon bargaining session produced a handshake agreement earlier in the day—actually, just a few hours before daybreak.

Commissioner David Stern still must sell his owners on an agreement that could change the way they do business. And the players, looking beat and beaten, face a tougher healing process in approving a pact that significantly limits their earnings.

But considering everything owners sought when these negotiations opened with a contentious meeting at the All-Star break in February 2010, perhaps they will feel relieved they got as much as they did.

Players’ association executivesDerek Fisher(notes) and Maurice Evans(notes)hardly looked enthused about the agreement as they sat next to executive director Billy Hunter on the same side of a conference table with Stern, Deputy Commissioner Adam Silver and Spurs owner Peter Holt, the chairman of the league’s labor relations committee.

But at least they weren’t sitting in a courtroom, where they appeared headed less than two weeks earlier.

Just 12 days after talks broke down, Stern and Hunter appeared together after 3 a.m. Saturday to announce the 10-year deal, with either side able to opt out after the sixth year. It leaves the NBA with its second shortened season (the first was the 50-game 1998-99 season), with the hope of getting in 66 games instead of a full 82-game schedule.

Stern said he expects the labor committee to endorse the deal and recommend it to the full board for approval.

The players’ side has revealed little of its feelings about the deal, noting the pending antitrust litigation in its desire to keep details quiet. But players always preferred to be on the court, rather than in it, and now they finally have the chance—starting Christmas Day.

For the season openers, it would be Boston at New York, Miami at Dallas and Chicago at the Lakers—sorry, little guys, the big markets still rule Christmas.

Now, the regular season would end one week later and push back NBA finals a week, potentially setting up a Game 7 on June 28, 2012.

The deal also calls for no hard salary cap, no rollbacks of existing salaries and contracts can still be fully guaranteed. Owners had called for all of that, seeking a route to profitability after saying they lost $300 million last season, and believing they would create a level of parity that had been missing.

But players’ annual raises were trimmed from 10.5 percent for those re-signing with their own teams and 8 percent for those leaving to 7.5 percent and 4.5 percent respectively. Rules implemented to curb spending by teams over the luxury tax will limit some of their options in free agency.

Owners relented slightly on their previous insistence that players receive no more than 50 percent of basketball-related income after they were guaranteed 57 percent in the old CBA. The target is still a 50-50 split, but with a band from 49 percent to 51 percent that gives the players a better chance of reaching the highest limit than previously proposed.

“I appreciate what Billy and Derek and the players have compromised on because it will allow us, as a small market, to be competitive and create more parity across all 30 teams,” Holt said. “We are really excited. We are excited for the fans. We’re excited to start playing basketball for the players and for everybody involved.”

Details were provided to owners Saturday afternoon in what would be described as a largely congratulatory teleconference. A person with knowledge of the meeting told The Associated Press that some owners said they wished certain issues—usually ones specific to smaller markets—were addressed, but many were simply relieved the process was nearing an end.

“The way the deal shakes out, particularly the system issues, there’s something in there for every owner to hate,” the person said, speaking on condition of anonymity because the pact still needs to be ratified. “A number of the small market owners may feel bad that they were not protected the way they thought they were going to be protected. Having said that, virtually all of them say it’s better to play than not to play or lose the season.”

Players filed an amended antitrust lawsuit in Minnesota on Monday that could have earned the players billions but surely would have come at the cost of at least the entire 2011-12 season.

The sides said all along the only way to a deal was through negotiating. They got back together Tuesday, setting the way for the pivotal meeting that began Friday.

“I think we saw a willingness of both sides to compromise yet a little more and to reach this agreement,” Silver said. “We look forward to opening on Christmas Day and we are excited to bring NBA basketball back and that’s most important.”

Now, players must drop a lawsuit against the league and reform their disbanded union before they can vote on the deal. Hunter said it could take anywhere from three days to a week to get that completed.

Once the pact is approved, it would pave the way for training camps and free agency to open simultaneously Dec. 9, setting off a chaotic flurry of activity that could leave coaches running practices with different players arriving each day. There could be an even larger pool of free agents if teams use the amnesty clause, which allows them to waive one player during the deal and have 100 percent of his salary taken off the cap and the tax.

President Barack Obama gave a thumbs-up when told about the tentative settlement after he finished playing basketball at Fort McNair in Washington on Saturday morning.

Because the union disbanded, a new collective bargaining agreement can only be completed once the union has reformed. Drug testing and other issues still must be negotiated between the players and the league, which also must dismiss its lawsuit regarding the legality of the lockout.

“We’re very pleased we’ve come this far,” Stern said. “There’s still a lot of work to be done.”

A number of minor issues remain unsettled, such as sponsorship patches being added to jerseys and how the preseason should work.

Some major matters—like revenue sharing, which the NBA has said it will not really dive into until a new CBA is complete—remain on the table as well. Meetings on that issue take place every few days, and the person briefed on the status of the NBA’s discussions said many teams are not thrilled by the notion of paying both a luxury tax and into a revenue-sharing pool.

When the NBA returns, owners hope to find the type of parity that exists in the NFL, where the small-marketGreen Bay Packers are the current champions. The NBA has been dominated in recent years by the biggest spenders, with Boston, Los Angeles and Dallas winning the last four titles.

“I think it will largely prevent the high-spending teams from competing in the free-agent market the way they’ve been able to in the past. It’s not the system we sought out to get in terms of a harder cap, but the luxury tax is harsher than it was. We hope it’s effective,” Silver said.

“We feel ultimately it will give fans in every community hope that their team can compete for championships.”

Owners locked out the players July 1, and the sides spent most of the summer and fall battling over the division of revenues and other changes owners wanted in a new collective bargaining agreement. They said they lost hundreds of millions of dollars in each year of the former deal, ratified in 2005, and they wanted a system where the big-market teams wouldn’t have the ability to outspend their smaller counterparts.

Players fought against those changes, and scored some concessions at the end. The full midlevel exception of $5 million a year for four years will be available to all teams as long as the signing doesn’t take them more than $4 million over the tax, and the “mini midlevel” for taxpayers was increased to $3 million a year for three years.

“This was not an easy agreement for anyone. The owners came in having suffered substantial losses and feeling the system wasn’t working fairly across all teams,” Silver said. “I certainly know the players had strong views about expectations in terms of what they should be getting from the system. It required a lot of compromise from both parties’ part.”

Stern denied the antitrust litigation was a factor in accelerating a deal, but things happened relatively quickly after the players filed.

“For us the litigation is something that just has to be dealt with,” Stern said. “It was not the reason for the settlement. The reason for the settlement was we’ve got fans, we’ve got players who would like to play and we’ve got others who are dependent on us. And it’s always been our goal to reach a deal that was fair to both sides and get us playing as soon as possible, but that took a little time.

14th Oct2011

Are Schools Preparing Black Boys …For Prison?

by iSpit

A Chicago mother recently filed a lawsuit against the Chicago Board of Education alleging a Chicago Public School security guard handcuffed her young son while he was a student at George Washington Carver Primary School on the city’s far south side. In the lawsuit, filed Aug. 29 LaShanda Smith says the guard handcuffed her son March 17, 2010 which resulted in “sustained injuries of a permanent, personal and pecuniary nature.”

According to media reports, Michael A. Carin, the attorney representing Ms. Smith says the youngster was among several six and seven year olds that were handcuffed by the guard for allegedly “talking in class”. The students were also allegedly told they would never see their parents again and were going to prison.

In a another incident April 13 of this year in Queens, New York a seven-year-old special education student in first grade was handcuffed and taken by ambulance to a hospital for a psychiatric evaluation after he reportedly became upset because he did not like the color of an Easter egg he decorated. The school says the child was spitting, would not calm down and was “threatening”.

 

In New Orleans, Sebastian and Robin Weston were plaintiffs in a 2010 class action lawsuit alleging their then six-year-old son was handcuffed and shackled to a chair by an armed security guard after the boy argued with another student over a chair.

 

“This must stop now. Our children are not animals and should not be treated this way,” Mr. Weston said in a statement.

 

Are these incidents, in which young Black boys are treated like common criminals in America’s schools subconsciously, preparing them instead for life behind bars in the criminal justice system?
“The school system has been transformed into nothing more than a prison preparation industry,” says Umar Abdullah Johnson, president of National Movement to Save Black Boys.

 

“The job of the school district is to prep the children for prison just like a chef preps his food before he actually cooks it,” Mr. Johnson, a nationally certified psychologist, told The Final Call.

 

“Yes We Can: The 2010 Schott 50 State Report on Black Males in Public Education” states Black Male students are punished more severely for similar infractions than their White peers. “They are not given the same opportunities to participate in classes with enriched educational offerings. They are more frequently inappropriately removed from the general education classroom due to misclassifications by the Special Education policies and practices of schools and districts,” says the report.

 

In Chicago Public Schools, Black boys make up less than 25 percent of the student population but made up 57 percent of expelled students in 2009 according to Catalyst Chicago an online news magazine that reports on urban education. “In Chicago, Black Boys are 51 percent of those suspended at the elementary level,” noted Catalyst Chicago.

 

Mr. Johnson says a false image has been created that suggests Black boys are not interested in being educated which is not true he argues. The emotional and psychological effects on a six and seven -year-olds from unfair and out-of-control disciplinary action like handcuffing is setting them up for criminality he explains.

 

“The first thing that type of behavior does is it socializes the boy at a very young age into criminal consciousness. He is nurtured by the school into an understanding that his role in society is that of a criminal,” says Mr. Johnson, a Pennsylvania certified school principle, lecturer and motivational coach. These methods and practices of handcuffing young Black boys takes away the stigma, sting and fear of incarceration he adds.

 

Overly harsh disciplinary policies sets the tone for students to become bored and frustrated with school which leads to increased drop-out rates and in many cases leads to greater involvement in the criminal justice system say youth advocates. Mr. Johnson agrees.

 

“When you put handcuffs on a six or seven year old there’s no need for that six or seven-year-old to fear incarceration when they’re 17 and 18-years-old,” he says.

 

Schools are the number one referral source to jail and juvenile hall for Black children and teens therefore Mr. Johnson urges parents to meet and establish a relationship with their child’s teacher.

 

“Once you meet with a teacher, just the vibration from that teacher be they Black or White are going to let you know whether they’re there to get a paycheck or whether they’re there to teach your child.”
11th Aug2011

AIG Files $10 Billion Suit Against Bank of America Over MBS Fraud

by iSpit

AIG has filed a $10 billion lawsuit against Bank of America over allegations of mortgage-backed securities (MBS) fraud. AIG claims that Bank of America and several of its acquisitions, including Merrill Lynch and Countrywide, of misrepresenting the quality of the mortgages that went into bundled securities, costing AIG approximately $28 billion in losses.

The suit was filed the same day Bank of America lost 20.3 percent of its stock value, as concerns arose regarding Bank of America‘s ability to get ahead of the toxic mortgages it holds. This marked the company’s lowest point on Wall Street in more than two years, as Bank of America stock has now plummeted approximately 50 percent in 2011 alone.

In late June, Bank of America reached an $8.5 billion settlement with 22 investors regarding repurchase and mortgage servicing claims on 530 residential mortgage-backed securities (RMBS) issued by Countrywide for which BNY Mellon served as the trustee.

AIG is the very definition of an informed, seasoned investor, with losses solely attributable to its own excesses and errors,” said Bank of America Spokesman Lawrence Grayson. ”AIG recklessly chased high yields and profits throughout the mortgage and structured finance markets.”

28th Jul2011

Marijuana Has No Accepted Medical Use, DEA Decrees

by iSpit

The feds have spoken: marijuana has no legitimate medical use and will continue to be classified as a hard drug. This decision comes nine years after medical pot advocates asked the federal government to reclassify marijuana to reflect growing evidence that it has beneficial medical properties. DEA to medical weed advocates: “No way, hippies.” On the other hand, this isn’t all bad news for the medical marijuana folks, since now they can start appealing the decision.

The Coalition for Rescheduling Cannabis filed a petition in 2002 to reclassify weed, and nothing happened. This spring, they filed a lawsuit demanding that the DEA finally attend to the request. The DEA sent them a big “no” on June 21, and their response was published yesterday.

The LA Times quotes Joe Elford, the chief counsel of Americans for Safe Access: “We have foiled the government‘s strategy of delay, and we can now go head-to-head on the merits.” Yeahhhh! But then they also quote him saying “One of the things people say about marijuana is that it gives you the munchies and the truth is that it does, and for some people that’s a very positive thing.”

And the above quote is a good illustration of one reason we’re not going to get widespread access to medical pot in this country for a long, long time. As long as medical marijuana advocates continue to toss around stoner terminology, squares will continue to think of the harmless plant as a drug and associate it with various societal ills, and no progress will be made. “Munchies,” dude? You’re a lawyer. Damn.

13th Jul2011

‘Iron Man’ Composer Sues ‘Ghostface’ For Millions Over Sample, Name Use

by iSpit

The man who composed the original 1966 theme to “Iron Man” has filed a lawsuit against Ghostface Killah, Razor Sharp Records and Sony Records, claiming they illegally used his “Iron Man Theme” on Ghost’s 2000 album Supreme Clientele.

Songwriter Jaques “Jack” Urbont filed the lawsuit on June 30th, in United States District Court, Southern District of New York.

Urbont is the legal and beneficial owner of an undivided interest in the original copyrighted musical composition and sound recording for the theme for the “Iron Man Theme” and the music from the 1966 television show.

Urbont is a world-renowned songwriter, who has composed, orchestrated and conducted music for episodes of TV shows like “Mission Impossible,” “Mannix,” and others.

Additionally, Urbont composed the themes and lyrics for “The Guiding Light,” “One Life to Live,” “General Hospital,” and the TV representations of “Iron Man,” “Captain America,” “Hulk,” “Submariner,” and “Thor.”

He also has composer credits for TV shows like “All My Children,” “That 70s Show,” “Oprah,” “Rosie,” “20/20, and “The View.”

Urbont has also worked with artists like Sammy Davis Jr., Bob Hope, Bing Crosby, George Burns and others.

Urbont claims that he owns the exclusive rights to the “Iron Man Theme,” and that Ghostface Killah, Sony, and RZA have been using his work, resulting in substantial revenue for Ghostface.

Ghost, born Dennis Coles, debuted in 1996 with his album Iron Man.

Since then, has been using the  “Tony Starks/Iron Man” moniker, in addition to his original name of Ghostface Killah.

The lawsuit claims that in addition to illegally using the “Iron Man Theme” on the album Supreme Clientele, the usage of the name “Tony Starks” is also infringing upon Urbont’s copyrights.

“Urbont is over 80 years old and would not normally encounter the defendants rap music in the ordinary course of his dealings in the music industry or otherwise,” Urbont’s lawyers said.

“The defendants fraudulently concealed their use of the ‘Iron Man Theme’ on Supreme Clientele,” the lawsuit reads. “For instance the liner notes of Supreme Clientele do not give any indication that Urbont’s sound recording or compositions are contained on the album.”

The lawsuit claims that Ghostface’s usage of the nickname “Tony Starks” gives the rapper a substantial commercial advantage, by linking him to “Iron Man” without having to pay for it.

Urbont seeks millions in damages.

A copy of the lawsuit is below.

 

24th Jun2011

Philly Reaches Settlement In ‘Stop and Frisk’ Suit

by iSpit

A court-appointed monitor will oversee the use of “stop and frisk” searches by city police, a high-profile part of the mayor‘s efforts to combat violent crime, according to a settlement agreement announced Tuesday.

Authorities also will take additional steps to make sure the stops are only made when there is reasonable suspicion of criminal conduct.

The settlement stems from a federal lawsuit filed by the American Civil Liberties Union in November alleging that the searches were violating the rights of blacks and Latinos who had done nothing wrong. The ACLU sued on behalf of eight men — including a state lawmaker — it says were subjected to illegal searches since the city started using “stop and frisk,” a controversial element of Mayor Michael Nutter’s 2007 mayoral campaign.

As part of the agreement, the city denies wrongdoing and denies claims made by the plaintiffs.

The city agrees to provide the plaintiffs with documentation of stops made during certain periods between 2006 and (more…)

18th May2011

Limewire Settles Suit with Record Labels for $105 million

by iSpit

Thursday saw the end to a 5 year copyright infringement lawsuit being settled between major record labels and the popular file sharing service Limewire.

In 2006, Limewire was accused through a lawsuit filing to be a web service “devoted essentially” to piracy by allowing person to download music illegally.

After a 2005 Supreme Court ruling stating that a site much like Limewire called Grokster could be held liable for infringement, 44 year old Mark Gorton kept the Limewire service running which was founded in 2000.

What is of note is that record companies wanted to enforce the maximum penalty of $1.4 billion while also causing Gorton, a millionaire Wall Street trader, to face personal liability.

After being ordered to limit the websites services, Limewire said they would close their proverbial doors on Dec. 31.

Interestingly, Joseph Baio, a Limewire lawyer, made it very clear for persons to remember that it is not Limewire alone that has caused the music industries woes in recent years, but that the industry knew and knows it has had problems some time before Limewire was brought to birth.

Illegal CD copying, music seller bankruptcies, and other outside forces have also shifted the odds against the music industry in recent memory.

Point is, Limewire appears to be done, at least in its familiar form. Who’s to say it may not turn out to be the next Napster?

16th May2011

Kodak Wins Over Apple In Patent Infringement Lawsuit

by iSpit

Kodak has won another battle in its ongoing legal wars with Apple over digital camera patent infringements.

International Trade Commission Judge Robert Rogers declared on Thursday that Kodak’s digital camera technology does not infringe upon Apple’s patents. According to Bloomberg, that ruling asserted that ”neither of the two patents in Apple’s case before the ITC were being infringed, and one of the patents is invalid.” Apple reportedly claimed that those technologies were being used illegally in Kodak’s Z-series, M-series, C-series, and Slice cameras.

However, Kodak’s work with the ITC isn’t done yet. After a full review of Rogers’s ruling, an official decision will be handed out on September 19. Not to mention that Kodak already has some extra timely legal woes involving the Cupertino company.

Kodak previously lost out to Apple (and RIM) in a different lawsuit about digital cameras in mobile phones earlier this year. However, the road turned for Kodak in late March when it won the following round in the patent dispute. A final decision for that case is expected on May 23.

12th May2011

UK Peace Activist To Sue Police Over Secret Surveillance

by iSpit

A policeman and two children at an anti-war protest

John Catt, aged 86, has had his presence at peaceful protests systematically logged by secretive police unit over four years

An 86-year-old man has been granted permission to launch a lawsuit against police chiefs who have classified him as a “domestic extremist” and kept a detailed record of his political activities on a clandestine database.

John Catt, who has no criminal record, is bringing the high court action against a secretive police unit which systematically logged his presence at more than 55 peace and human rights protests over a four-year period.

Some of the entries record his habit of taking out his sketch pad and drawing the scene at demonstrations. Other entries contain notes on his appearance – such as “clean shaven” – and the slogans on his clothes.

His lawsuit will challenge the power of police to compile secret files on law-abiding protesters.

A victory for Catt, a pensioner who lives in Brighton, would be a further blow to the police unit, which has been criticised for (more…)

04th Mar2011

Target to Pay $22.5 Million For Improperly Dumping Toxic Waste

by iSpit

Target Corp. (TGT), the second-largest U.S. discount retailer, will pay $22.5 million to settle claims it illegally dumped hazardous waste in California, said San Diego County District Attorney Bonnie M. Dumanis.

The settlement, announced today in an e-mailed statement from Dumanis, resolves a civil lawsuit brought by former California Attorney General Jerry Brown and as many as 20 of the state’s county district attorneys. Target must pay the $22.5 million for penalties and costs of the litigation, and to fund environmental projects, according to Dumanis.

A court order “will hold Target accountable for any failures to follow the letter of the law down the road, even after the civil penalties and costs are paid,” Dumanis said in the statement.

The suit, filed in state court in Oakland in 2009, claimed that 290 Target stores throughout California had been served since 2001 with more than 300 notices for disposing of hazardous materials, such as flammable liquids and toxic (more…)

27th Jan2011

What Is Really In Taco Bell’s “Beef”?? Not Beef…

by iSpit

Taco Bell “beef” pseudo-Mexican delicacies are really made of a gross mixture called “Taco Meat Filling” as shown on their big container’s labels, like the one pictured here. The list of ingredients is gruesome. Updated.

Beef, water, isolated oat product, salt, chili pepper, onion powder, tomato powder, oats (wheat), soy lecithin, sugar, spices, maltodextrin (a polysaccharide that is absorbed as glucose), soybean oil (anti-dusting agent), garlic powder, autolyzed yeast extract, citric acid, caramel color, cocoa powder, silicon dioxide (anti-caking agent), natural flavors, yeast, modified corn starch, natural smoke flavor, salt, sodium phosphate, less than 2% of beef (more…)

11th Dec2010

Texas Sells Infant Blood, Second Lawsuit Filed

by iSpit

Beginning in 2002, Texas began saving blood samples collected from infants tested for birth defects.

The Texas Civil Rights Project filed suit in 2009 over a claim blood samples were improperly collected and stored without parental consent and samples were used for scientific research. A settlement was reached later that year which led to the promised destruction of over 5 million blood samples.

An new suit has been filed which seeks to recover and destroy samples that were allegedly sold to pharmaceutical companies and/or used by Armed Forces for genetic research. Compensation of $1,000 per blood sample sold is also sought from Health Commissioner David Lakey. The lawsuit is filed on behalf of two parents who believe their child may have been a victim of the state sponsored blood theft.

Jim Harrington, Civil Rights Project director, estimates almost 9000 samples were improperly sold but cautions that may be a conservative number. Harrington also believes the revenue collected from the sales total more than $300, 000.

(more…)

24th Jul2010

Dr. Dre Slapped With $1.2 Million Lawsuit By Paramount Recording Studios

by iSpit

Controversial rapper Dr. Dre is being sued by Paramount Recording Studios for $1,220, 500 for breach of contract, RadarOnline.com learned on Friday.

COURT DOCUMENTS: Read The Lawsuit

The lawsuit claims that the musician, also known as Andre Young, and his record label Aftermath Entertainment rented “recording studios and services” but failed to pay the agreed amount despite multiple invoices.

According to court documents, Dr. Dre promised to pay the money owed by July 13. When the date passed, music powerhouse Paramount Recording Studios took legal action in an attempt to get their huge bill paid.

Via:

02nd Apr2010

Georgia Attorney General Faces Impeachment Over Anti-Health Care Lawsuit

by iSpit

A movement to impeach Georgia Attorney General Thurbert Baker is underway after Baker, a Democrat, refused to sign a multi-state lawsuit against the government for the new health care law.

According to the Huffington Post (via Peach Pundit blog), Georgia Gov. Sonny Perdue, a Republican, petitioned Baker to sign on to the lawsuit that seeks to shield states from the effects of the new health bill, including the so-called “individual mandate,” which forces most people to buy insurance. Many Republican state officials have filed such lawsuits against the bill since it was passed last week. The suit is seen as another ploy by opponents of the bill.

“I cannot justify a decision to initiate expensive and time-consuming litigation that I believe has no legal merit,” Baker wrote in a two-page response to Gov. Perdue. “In short, this litigation is likely to fail and will consume significant amounts of taxpayers’ hard-earned money in the process.”
(more…)

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