Andrew Busey: My Musings

This is the kind of crap that goes beyond frivolous lawsuits into something totally different:

Sarcastically, judge tosses KFC trans fat lawsuit

In my opinion, if you bring a stupid lawsuit like this - one so laughable that the judge just tosses it out - here is what should happen:

• You pay all the legal fees of the defendant.
• You are billed by the court for the cost of the courtroom, the judge, the bailiff, and anything else.

This decision would be up to the judge.  We don’t want every failed case to be penalized like this, but for unreasonable crap that wastes the time of the legal system and a lot of taxpayer money there should be a penalty.  Further, not everyone has the money to defend themselves from this kind of bullshit so there should definitely be a path to get your money back if you are a defendent in this type of crap.

Wow, this is the kind of stuff that scares the crap out of me:

Schumer calls for subprime bailout (New York Democrat wants funds to help subprime borrowers.)

What we should be doing:

• Borrowers: If someone took one of these loans and they can’t pay, there should be a foreclosure. However, I’m all for allowing them some kind of class action against the shaded mortgage brokers and banks who gave them the loans. But really it should just make them whole and it shouldn’t come from other tax payers. The mechanisms for this already exist and I am sure there is no shortage of shady class action lawyers looking to jump on this bandwagon.
• Lenders: The government should crack down on these clowns.

There are two principles near and dear to me at play:

• Responsibility: If people are too stupid to read their loans or do some simple calculations they probably shouldn’t be buying a house. This country already lets people abdicate personal responsibility way too much. Buying a house is a big responsibility, people shouldn’t be rewarded for being stupid in the way they do it. It’s not fair to all the people who were. The problem is politician’s love to position themselves as “helping the little guy” when in fact they are just letting people shirk responsibility for being stupid.
• Wasting Money: Anytime my tax dollars go to fix someone elses mistake IT PISSES ME OFF. What a waste, I don’t pay taxes to fix other people’s mistakes - I pay them for infrastructure, security, and advancement (ie: science, research, etc.). Of course our government pisses away a lot of money on stupid stuff. But this is really stupid. Let the system sort it out.

Schumer and everyone else behind this: Stop grandstanding and shut the fuck up unless you are going to actually do something reasonable to fix it.

/rant

COPA:  Child Online Protection Act

Now I’ve felt for a long time that COPA is yet another example of misguided, stupid legislation coming from Washington.  It’s purpose is noble:  protection children from the Internet.  It’s purpose is also misguided.  How do we protect children from the Internet?  Well, in my opinion, you can’t easily do that at a macro level withouth pretty much breaking the Internet (the web specifically) as we know it.

As an entrepreneur I found COPA particularly annoying becuase it creates a substantial amount of overhead on anyone who is starting a site.  In theory you are supposed to verify someone is over 13 anytime they register.  Really, it is when you “collect personally identifiable information” I think, but since that includes an e-mail address (although everyone who knows the Internet is not made from TUBES knows that e-mail is hardly personally identifiable - any moron can get 100 e-mail address that are not remotely traceabe unless you work for the NSA or FBI).   That’s why all these stupid agreements ask if you are over 13.  Although some lawyers argued that wasn’t enough.

I once got a bill for $10k for COPA compliance work.  WTF.  We ended up ignoring 75% of what the lawyers said anyway because if we had one it no one would have every registered for the site.  So we did mimicked what Google did, which according to our major law firm was not enough.  I’m not going to kill my site because of legalese, but it did worry me a lot.

Thankfully it has been mostly beaten down:  Net porn ban faces another legal setback

I really like news.com but this title really pisses me off.  COPA is a lot more than a porn ban, but I guess that doesn’t make a good headline. 

And NO my site was not a porn site.  COPA messes a lot more crap up than just porn sites.  It basically forces webmasters to maintain all sorts of checks to make sure kids don’t access the site.   Some of them are virtually impossible.   But of course no one in Congress thought this crap might make live difficult on web entrepreneurs.  Do it for the kids!  Keep your kids safe!

I’m not a parent, but I’m going to solve this problem for Congress.  Here is how you keep your kids safe from the Internet:

1. Don’t let them have unsupervised access to the Internet!  (ZOMG, this might require parenting!)
2. Assuming that is that is to inconvenient, install a filter.  You can buy a ton of good filters that will stop your kids from going to almost all inappropriate sites.  (ZOMG, this might cost $50 and require a parent to “install” something on their computer.)
3. Assuming visiting bad sites is only part of the problem, you can also configure your router (which you almost certainly have) so that access to the outside world is only available during certain times.

Wow!  Three easy steps and your kids are safe!

Oh wait, parenting isn’t a requirement.  Soundbites are good.  We must protect the children.  What the hell.  Yet another example of the failure of personal responsibility / accountability in the United States.  Sad.

Anyway, I hope they don’t bring this albatross back.

/rant

So I have Verizon Wireless (probably not for long since I’m a phone junky and I’ll get the Apple iPhone), which I switched to so that I could get a Motorola Q.   So today, I get a text message from Verizon.  It tells me that because daylight savings time is on March 11th this year that I may need a software message.  The text message (remember this is a text message sent to my phone) had a URL in it.  So I followed the URL.  I scroll around the page, lots of cell phones for sale.  Lots of navigation.  Nothing I can find about daylight savings time.  I scroll back up, AH HA!  There is a link that says “skip to main content”.   Then:

1. This takes me to something about daylight savings time, let’s me select Microsoft, Palm, RIM, and go.  
2. I pick Microsoft.
3. I browse around some Microsoft page, finally find some link that says ”steps for updating your device.”
4. Then I have to choose if I synch with my PC or wirelessly.
5. This takes me to another page - I guess it’s the Windows Mobile mobile main page.  There is something to click there for an update.
6. Now I’m at another page telling me to get the update or click here if I can’t.  It warns me I have to accept a license agreement.  I click “start the process”.
7. Sweet, another page with a accept / decline licensing agreement.  (Who declines this?  Especially since I have to have it or my phone won’t know what time it is.)
8. Now I have to choose whether I want to download the upgrade for Windows Mobile 5.0 or Windows Mobile 2003 second edition devices.  WHAT THE HELL!  Can’t these clowns auto-detect this crap?  I mean give me a break.  I’m not about to go away from this stupid web page I’m on to look it up because it’s taken me forever to click this far.  Just give me the update for crying out loud.
9. Well, well.  When I click Widnows Mobile 2003 second edition devices (I hope that’s me, otherwise my phone will probably die some horrible death) it asks if I am sure I want to download (insert stupid filename here).  I, of course, say yes.
10. SWEET!  Installation of (insert stupid filename here) was UNSUCCESSFUL.   Wow, thanks for the useful info.
11. So I went back and got the Windows Mobile 5.0.  I mean, I have no other useful guidance so it seems like the logical step.
12. YES I WANT TO DOWNLOAD IT YOU PIECE OF CRAP.  
13. Hmm, well it downloaded it and rebooted my phone.
14. I guess it worked since it didn’t tell me it failed.

Now.  Let’s look it took OVER FIFTEEN STEPS for me to update my phone.  (Well, to hope that my phone was magically updated.)  Did anyone test this process before sending out this text message?  I’m sure this message had to have gone to millions of people, so I mean it’s not like they shouldn’t have tested the process.

So let’s review:

• I have a signed contract with Verizon.  They probably own my future children and I’m sure they have the right to monkey with my phone at their leisure and that I have no recourse.
• I am sure I “signed” (ie: clicked) some agreement when I activated Windows Mobile on my Q.  So I have some contract of some type with Microsoft on this issue (and many others I’m sure).
• Verizon sent me the text message - they know what kind of phone I’m using.
• I clicked a link.  I’m sure the mobile phone browser (like all others) transmits its browser ID and OS ID to the web server.  WHY THE HELL COULDN’T THEY JUST USE THAT AND SEND ME RIGHT TO THE FILE I NEED!

Wow this was such a bad experience. 

/rant

I bet the iPhone isn’t this stupid.

 

I hate stupid lawsuits.  What a waste of society’s time and energy.  But to the point:

Man sues IBM over adult chat room firing

I’ve been pretty involved in the evolution of chat on the Internet (I founded ichat back in 1995) and I find this particularly amusing.  The article opens with this:

A man who was fired by IBM for visiting an adult chat room at work is suing the company for $5 million, claiming he is an Internet addict who deserves treatment and sympathy rather than dismissal.

So let’s dismantle this real quick:

1. The guy makes $65,000 a year - what possible basis does he have for a $5 million claim?  Ludicrous.
2. And then there is:

“Plaintiff was discharged by IBM because he visited an Internet chat room for a sexual experience during work after he had been previously warned,” the company said.

Ridiculous claim.  Previously warned.  STFU.

Anyway, moving on.  This scares me:

If it goes to trial, the case could affect how employers regulate Internet use that is not work-related, or how Internet overuse is categorized medically. Stanford University issued a nationwide study last year that found that up to 14 percent of computer users reported neglecting work, school, families, food and sleep to use the Internet.

So I have some other behavior disorders we should tolerate in the workplace:

• Laziness.   I know a lot of people that have this affliction.  Especially with periodic, but extreme bouts.
• Apathy.  (Also malaise, ennui.)   Similar to laziness, this can have a visible impact on workplace productivity.

You know, I thought about making a long list, but you probably get the picture.  Business exist to do business, not to entertain their employees.  Certainly companies that keep their employees happy, motivated, and energized, are going to be more successful in most cases.  But employees that don’t do their job or take advantage of the trust their employers deserver to be fired.

One more thing.  Imagine if TVs were required for work in a modern office environment (as, I’m sure you’ve noticed, are computers).  This article would read:

John Doe sued IBM today for $5 million dollars because he was terminated for watching 3 hours a day of the Yound and the Restless at work.  He claimed a television addiction and that he should be given treatment options rather than fired.

People would laugh at that.  It’s not like people have the right to smoke in the office any more and that’s an actual addiction.  No one is suing about that…. because they would get laughed out of court.

/rant

 

OK, so my last post was perhaps a little to vitriolic, but I was pretty pissed.   I kept getting an empty blackscreen after the first reboot.  Anyway, I will say that Microsoft’s tech support was helpful, I only wish I hadn’t needed to call them.  It turns out I had to unplug all my USB devices to install Vista.  Wow, never would have thought of that.  I’m pretty computer saavy and I’m beginning to wonder how normal people ever get this crap to work.

Oh, even better, I had to download a driver from Dell (for my hard drive, which admittedly is Raid) to get it to do a clean install.  What fun.  I had to guess which driver.

Anyway, I finally got it working.  Although I’m still languishing in the world of 1280×800 which really pisses me off.  But I finally got to the bottom of it.  Apparently this is nVidia’s fault.  The nVidia 8800 GTX (top end video card) is stuck in 1280×800 because of a driver problem.  So if you are considering Vista, an nVidia 8800 card, and/or an Apple 30″ LCD… they do not currently work together.  Supposedly the Dell 30″ works.  Here is the quote:

Well after two hours I have Vista working.  It looks AWESOME in 1280×800 on my 30″ LCD.  WTF.  I’m not sure if it is Microsoft or NVidia who is at fault, but when you buy Vista Ultimate it should WORK.  I mean it is $259 for the upgrade and it is targetted at enthusiasts and gamers.  I have an NVidia 8800 GTX card in my PC.  Right now this is the best card out there.  It ran awesome on Windows XP SP2…. in 2560×1600.  Now the highest available resolution is 1280×800. 

This operating system has been in development for years and they still released it too soon. 

I guess I’m going to have to reinstall XP on this computer.  What fun.  Like I wanted to waste five hours on this crap. 

So maybe I’m part of the problem, because I like to buy the newest stuff which encourages the release of crappy products.  But when I have to think about downgrading a $600 video card because Vista won’t work with it, that is just retarded.  Microsoft and NVidia should be ashamed of themselves.

I’ll admit two things up front:

1. I don’t use Second Life.  (I would say play, but IMO Second Life is a social experience and not a game.)
2. I’ve really resisted writing about anything Second Life related.  (Although I did briefly mention it and Anshe Chung once.)

Now, on to the good stuff.  There have been a ton of recent articles about Second Life, largely started by a set of articles / press releases about an avatar named Anshe Chung (in real life she is Ailin Graef) becoming the first real world millionaire from Second Life.  Uhm, I’m not sure I said that right, but you get the point.  If not, well you can find it.

So this spat of Second Life press took a turn for the worse (well from Second Life’s perspective anyway) a week or so ago when Clay Shirky questioned their numbers.   That’s an interesting story and relevant to any high profile web company - numbers are important.  Anyway, I don’t want to talk about that either, I’m just catching you up in case you haven’t read the billion Second Life stories that are all over the place.

In Second Life users can own property.  This is different from other MMORPGs where the game company claims ownership of everything (which creates a ton of issues, but again that’s another story).   So Anshe Chung owns property in Second Life and, in a sense, has become something of a celebrity.  Possibly the first real celebrity avatar….

So, she has some press conference in a digital theater in Second Life.  I don’t know what it was about.  (But I’m going to guess she was talking about how rich she has become or how great she is based on all the stories I’ve seen.  Oh wait, disregard that.  I’m a respectable blogger and I’m not supposed to start rumors.)   During this event a group “sabotaged” the even with giant animated penises.  LOL.  She didn’t like this.   I say, hey if you want to be famous, well you can’t expect everyone to love you.

So this really isn’t that interesting.  Celebrities and politicians face protests, hecklers, etc. all the time.  Right?   Right.   How is this any different.

I got this from News.com:  The legal rights to your ‘Second Life’ avatar

So this is what makes it interesting (from the article):

Afterward, a video of the attack was posted on YouTube. When Anshe Chung Studios filed a complaint with the popular video service claiming that Graef’s copyrights had been infringed because images of her avatar were used without her permission, YouTube promptly removed the video.

A quote from the Guntram Graef (her husband), also from the article:

“I have to point out to you that you, most likely by accident, posted an image that contains artwork copyrighted by my wife Ailin Graef and by Anshe Chung Studios, Ltd. and without obtaining our permission to do so,”

Uhm, well, I disagree.  I’m no lawyer, but if Anshe Chung is famous, well she can be stalked and her unflattering pictures can be posted everywhere.  Or at least that is what my understanding the law through analogy logic says.  I’m sure Britney Spears doesn’t like having all those pictures of her with no panties on floating around either.  (Well maybe she does, but that’s beside the point.)  It’s news.  Just like the “sabotage” was news.   So hey fair use and all.

So I say boycott Anshe Chung for being Second Life’s biggest hypocrite.   Anshe:  You can’t have your cake and eat it too. 

• If you want Second Life to be like reality - which I assume you do since you are bragging about making millions of real dollars in it
• And you want to be famous - which I assume you do with all the heavy self-promotion, even if it is just to drive up virtual real estate prices to make you more money
• Then you have to accept being famous with all the goood and the bad that brings. 

So to Anshe Chung, perhaps the world’s most famous avatar, I say welcome to reality.

Oh, and I respect Linden Lab for saying this (from the News.com article):

“Copyright law is applicable to works created in Second Life. Copyright law includes fair use and it includes provisions regarding infringement,” Linden Lab wrote to CNET News.com in a statement Friday.

So I recommend that everyone that cares about these issue avoid transactions with Anshe Chung and her affiliates.  Let the boycott begin!

From CNN.com:  Pat Robertson: God told me of ‘mass killing’ in 2007

Some fun quotes:

Evangelical broadcaster Pat Robertson said Tuesday that God has told him that a terrorist attack on the United States would cause a “mass killing” late in 2007.

“The Lord didn’t say nuclear. But I do believe it will be something like that.”

It’s good to know that he can fill in the blanks for the “Lord”.   Anyway, the article also discusses his previous predictions, some of which have come true.  However, since most of them are vague it hardly matters.  Anyway, my favorite part is when he says:

“I have a relatively good track record,” he said. “Sometimes I miss.”

So, excuse me Mr. Robertson, but your God is supposed to be omniscient.  So if you “miss” at least one of the following must be true:

1. Your God is lying to you.
2. Your God does not exist.
3. You are making this all up.
4. Your God is not omniscient or makes mistakes.

I’m going to steer clear on 4.  I believe it is either 2 or 3 (or both).  I’m open to being convinced on option 1.  If I were God I don’t think I’d be spending much time chatting with Mr. Robertson.  But that’s just me.

So, uhm, I predict the following for 2007:

• The housing bust will continue.  (So, to be clear, I’m right as long as it doesn’t dramatically improve.)
• There will be a terrorist event against the U.S.  (I hope I’m wrong on this one, but statistically it’s pretty low risk.  However, if there isn’t a major “terrorist attack” I’ll claim that attacks on U.S. troops on Iraq counts.)
• The U.S. will lose more troops in Iraq.   (Free…)
• The U.S. won’t pull out of Iraq in 2007.   (This is the low risk bet too.  See, even if they pull out some, I’ll still be right.)
• The stock market will make a major swing.  (LOL, now I’m being dumb.)
• Amazon will have its BEST CHRISTMAS SEASON EVER.  ( ;-) read this post.)

Ok, enough of this.  Predicting the future makes me ill…. and makes me feel kind of slimy.

Anyway, it’s morons like this that give religions a bad name.  I do, however, love the picture CNN picked for this article.  ROFL.  Nice sleazy smile and all.  Although it makes me sad that this got above the fold coverage on CNN.

Oh and in honor of this, and I’m sure the plethora of articles I will now blog about, I have created a new category:  Religious Nuts.

Well that’s what this article says 83% of people surveyed believe:

 The average 12 year old knows more than your Congressman about the Internet / web.   

I believe it.  They certainly know more than Ted Stevens.

Speaking of delusional politicians.  This article is even better:  Reality check: 95 percent of Americans had premarital sex.  My favorite quote: 

However, Janice Crouse of Concerned Women for America, a conservative group which strongly supports abstinence-only education, said she was skeptical of the findings.

“Any time I see numbers that high, I’m a little suspicious,” she said. “The numbers are too pat.”

While I do agree that statistics can be pretty heavily manipulated, I think this is pretty close to accurate.  What I think this quote highlights is the fact that we have a sub-section of the U.S. population who lives in a fantasy land where tubes deliver the Internets (that thing most of us call e-mail) and where people don’t have premaritial sex.  

I love how they always have someone to contridict everything though.  There is always some Executive Director of some random association who is totally convinced of their weird view.

Some good news:  School board abandons evolution sticker case.   The key point:

“The settlement brings to end a long battle to keep our science classes free of political or religious agendas,” parent Jeffrey Selman said in a statement

A few more notes on politicians:

Church and State:  Lawmaker won’t apologize for ‘Islamophobic’ letter

I don’t think this guy gets the separation of church and state idea.  I think we should get rid of Bibles and Qurans for this kind of stuff.  Religion (any religion) should have no place in government.  [Plug:  Flying Spaghetti Monster]

Being an idiot:  Senator questions judge’s role in lesbian wedding

Neff has said she attended the commitment ceremony as a friend of one of the two women, a longtime neighbor.

She insisted in an October 12 letter to Brownback that the ceremony had no legal effect and would not influence her ability to act fairly as a federal judge.

Wow!  She went to commitment ceremony (I guess that’s a gay marriage?) and now this guy is running her through the ringer?  I like how the article says “role” like she had some important role in it and wasn’t just a guest.  (I don’t know since I wasn’t there, but all I can see is that she just went because she was friends with one of the women.)  So it’s not like she presided over it or was in it or anything.  She just went and boom! this guy is all over her.  That’s a little out of hand.

/rant