Saturday, February 21, 2009

Smash-Me-Doll

The concept of violent stress relief is hardly anything new, although most anger management counselors will tell you to avoid such stress relief habits. Why? Because those habits supposedly lead to a cycle of rage or negative reactions to stressors. That depletes the fun of this prompt, though, doesn’t it? Even with that bit of logic, there are hundreds upon hundreds of people I wish I had a doll of to smash or something - for various reasons. Most of all, I wish I had one of Fred Phelps. Why? Because the man has infuriated me from the moment I first heard of him. His ranting; his raving; his hateful ignorance - I don’t care about hypocrisy - who protests the funerals of dead soldiers or hate crime victims? Has he no sense of modesty, or of shame, or of respect? And he calls himself a minister. To me it’s one of the most obnoxious things on the planet to hear any news related to that bloody man.

Then just ignore him! That’s what people will say, and, for the most part, it is largely possible to ignore Fred Phelps. It’s not like he’s based in LasVegas. Even so, I’ll run into stories about him here and there, sometimes even in the News Paper, and it drives me absolutely bloody nuts. He’s as bad as Bill O’Riley out at Fox News. And, yes, yes, yes! I would most definitely love a “Smash-Me-Doll” with a commemorative gold hammer of Bill O’Riley - who preaches to the choir and basically calls any dissenting opinion that comes his way ‘hostile’ or ‘stupid’. That new innovation on his show of the ‘hate o’meter’? C’mon. That’s arrogance. It measures all phone calls that aren’t sucker-kissing him as an extreme hate - even modest ones that simply say ‘I disagree’, not just ones that are filled with vulgar or maddening swear-words. He’s a fear-monger, and, in my mind, he plays on the same tactics as Phelps. Therefore, it’s an equal annoyance.

Oh. Yes, yes, yes. If I were going to have a Smash-Me-Doll, it’d have to be of one of those two men.
“Greed is good”, so states the fictitious character of the 1980s hit “Wall Street”. From a technical standpoint, it’s difficult to argue the stance. The philosophy and survival of human greed is historically evident in a Darwinian theory: survival of the fittest – which generally is an application to the strongest or craftier members of any given species. This, of course, includes homo sapiens – humans. The greedy prosper. In a medieval era, those riddled with greed and self-intentions were often wealthy members of society in comparison to more compassionate individuals attempting to be selfless. A saint was not a baron, and a baron was not a saint. As the assumption goes: the nice guy finishes last.

This is a very clear-cut understanding of practicality. Very few people are willing to do something without compensation, and those who are generally find dissatisfaction in their professional work. Speaking from experience, I’ve indulged in numerous free-projects as an illustrator and cartoonist for a good friend, who not once offered me pay, but accepted my earnest charity for sake of knowing I wanted to draw and love partnerships. Even so, when push comes to shove, I would brush off the projects or set them on a back-burner, resulting in numerous confrontations about this or that – but the case was that I was doing it for fun, not personal gain; I was receiving nothing but a learning experience out of the matter, and while still good friends with my on-off partner, we’ve come to an agreement that work is not possible without incentive, without earning – and artistic passion is not enough incentive to work on a potentially fifteen volume graphic novel series while trying to also pursue occupational endeavors to survive in a world of “have a paycheck or no bread”. In that respect, I have to agree with the philosophy of greed is good. I’d be lying through my teeth like a hypocrite otherwise considering I will do nothing for anyone without compensation or exchange – although, compared to most artists accepting commissions, I’m obscenely cheap (most commissions, even sketches, go for about $15-$25 when privately exchanged; I sell across the board for $5. Damn cheap! But I also don’t have a solid portfolio). Therein lies the reasoning: who in their right mind would genuinely offer up lengthy or complicated services for no additional fee or exchange? Even odd-workers or road-travelers accept meals for their services. The only exception I find within this is an exchange between friends for sake of honest good-will.
Again. Money breeds incentive, incentive breeds quality. Even passionate, creative people are not cheap; they’re demanding, difficult, almost prudish people who want their say and want to be treated professionally for their craft. Anyone who tells an artist ‘I’m not paying you to draw’ is going to get a swift pop to the face. Because money breeds incentive, incentive breeds quality, and why would anyone do commercial work without compensation? It’s not the same as doing what you want to do for fun.

This brings me to an interesting point from Essentials of Business Law: Contracts for labor and materials. “A contract for labor and materials, even though it involves $500 or more, need not always be in writing to be enforceable … The UCC provides that ‘if the goods are to be specially manufactured for the buyer and are not suitable for sale to others’ the requirement of a written contract does not necessarily apply. The contract will not be binding if the buyer repudiates (cancels) the oral contract and the seller receives notice before they begin manufacturing the goods. If, however, the seller has begun manufacture or made a commitment, the cancellation is not effective (Essentials of Business Law 6th ed., Liuzzo & Bonnice, pg. 216)."

The reason I bring this up is because greed in and of itself, in this case, as applied to an occupational world, is absolutely appropriate. Say I was working on the graphic novel project with my partner, and we had an agreement that I would actually be paid (this being if we weren’t incredibly close friends to the point of which I do 80% of his illustration work for free if he asks?). If I had gotten through the first three volumes, and the agreement was that I would be paid something like $500 per book, if he canceled on me after three books, I would have some protection and my time, efforts, resources, and supplies would not have been wasted on a dupe project. To me, that’s acceptable greed – whole-heartedly. We had an arrangement, I need my bread – and just because someone had a second-thought after a project began does not excuse the fact that I need my money to survive. Point in case: it’s greedy to say “I need the pay for what I’ve done” – but is it wrong? No. It’s not wrong to pursue it. That example would a $1500 deal, and, time-wise, it would be up to nine months of work, possibly less, possibly more, depending on the length of the book. Damn right that’s worth pursuing – and, as I mark, I find the UCC’s exception to contracts acceptable. I wouldn’t be furious or demanding pay if I hadn’t even started something yet, but it’s a different peddle of fish if I have already invested my work and time into a project when I could have been doing something else.

Similarly, disclaimers can be construed as greedy. “A denial or repudiation in an express warranty is known as a disclaimer and serves to limit the effectiveness of a warranty (Essentials of Business Law 6th ed., Liuzzo & Bonnice, pg. 234). ” Limiting the warranty protects the company from having to pay and respond to every crackpot occurrence or accident that leads to the destruction of their product. Like, say, you’re selling computers and the warranty stipulates that it covers physical damages to the computer for up to a year. Adding in a disclaimer ‘warranty does not cover damages exceeding $200’ or something is greedy – as it’s designed to limit the services that were designed as a good-will gesture between a buyer, seller, or buyer and manufacturer. However, from a business perspective, I would put that in as a disclaimer too. Why? Because I know how many major accidents can happen to electronics. I knew someone who left their laptop on top of their car and drove off. It fell off, obviously, and was smashed against the ground. Their warranty covered this – which was good, but their stupidity was left at the expensive of the company who provided the warranty. Love my friends to tears, but, c’mon, they completely destroyed it. Companies that offer full warranties like that are saints, but I wouldn’t hold it against a company if they added disclaimers to protect themselves from having to be responsible for the irresponsibility of a customer.

In short: yes, greed is good. But I will state that so is good-will and relationship building. Money is incentive, but it isn’t everything. You can’t run a company on money alone.

Saturday, February 14, 2009

Myspace Hoax Responses

“The case was about a lady who created a fake profile on MySpace to check if a girl was saying things about her daughter. The lady and other people that helped her create the profile about a sixteen year old boy flirted with the girl that was suffering from attention deficit disorder, depression and a weight problem for a few months. On October 15 2006 he sent her a message saying that he didn’t want to be her friend anymore because he had heard that she did not treat her friends well. She also got a message saying that the world would be better without her and saw posts that said many defamatory things about her. “A defamatory statement usually holds a person up to hatred, ridicule, or concept; or cause a person’s esteem, respect or social position to be diminished” Essentials of Business Law, Liuzzo-Bonnice pg 45. The girl was found dead in her bedroom the next day.”JUS Productions.

The interesting thing about the case is the resulting death of the young girl because of statements made under false identification. Defamation is a perfect example of what occurred, as there was reasonable intent on behalf of the offenders to generate comments of hatred and ridicule. Considering the nature of the phrase ‘the world would be better off without you’, it is not an illogical notation; it’s actually a well-fitting charge – and I offer kudos for identifying it.

On a general note, the case is far more complex than simple defamation. Additional offenses, such as harassment, could be connected, as the messages were ongoing, not stationary or isolated to a single event. There are also policy violations with the website itself – which are the only things the offenders were really charged with – which can be described as something of a breach of contract. Conspiracy is defined as an agreement of two or more persons to commit an illegal act. As illegal acts were committed by a multi-member party, conspiracy is also a potential charge for the case.


“As I analyzed it, I came to this thought; how would they have known that Megan would go to the extreme of committing suicide? Also, who’s to say that this is the cause of the attempt? As said in reports she was already depressed. The true answer lies with Megan. Despite all these possibilities, I think what these three women did is still wrong.”Theopod.

I can understand where this sort of a statement may come up. From a logical standpoint, they cannot be charged with murder; hence the reason they have not been charged with murder, and have only faced charges such as cyber-bullying and policy violation. However, taking into consideration the fact that an adult was involved in the harassment of a minor which inevitably resulted in death, one could wager verbal abuse, as well as negligence or something of the equivalent. Murder is not an accurate legal term, but manslaughter may actually be appropriate. Manslaughter is a charge often associated, at least to my memory, with deaths resulting from negligent acts in which the intent may not have been to kill someone, but did result in death – such as leaving a child in a locked car on a hot day, driving drunk and crashing, hitting pedestrians (which only becomes murder if you flee the scene, otherwise it’s manslaughter). There was no ‘malicious intent to kill’, hence no murder, but there most definitely is responsibility for the indirect occurrence of the girl’s death. However, this is only applicable with visible proof pointing that the girl’s suicide was related to the actions of the offenders. Considering the profile of the case, it’s possible that a note was left behind or other tid-bits that could trace cause and effect. If it were a general suicide, it likely would not have made news – if there was no association between the incidents of harassment and the suicide, why, then, would investigation have been warranted?

“What’s even troublesome to me is that fact that Megan’s parents gave her the permission to have an online romance with a sixteen year old boy in the first place. The girl was only thirteen years old.”Flip Beats Productions.

I am not a parent, but I am an older sibling. Ironically, my little sister is thirteen years old and dating a fifteen year old boy, though not online. From general experience, I’m not sure that the relationship may have been evident to the parents. I know that my little sister began dating her boyfriend long before anyone within the family ever knew – and in the case of online relationships, the potential for obscurity is there. Still, I think the article had mentioned that Megan spoke to her mother about the issues, which sort of obliterates that whole thought. I simply felt the urge to make the notation of how parental permission or responsibility is not always … For a lack of better words, possible – though, as a parent, you likely know this and have experienced many of the crazy antics of young kids.

Prior to that statement, you had said this: “It just amazes me first of all how the parents involved allowed their daughter, Megan, to create a Myspace profile in the first place.” I do understand this part of the whole scenario. The internet is the in thing. It’s huge. When I was a kid, it was starting to boom and grow, this being the 90s. As the result, it was mostly and adult thing. I wasn’t even allowed to sit at the computer without someone watching me, and usually I’d play games on floppy disks. However, in today’s society, certain aspects of technology are quite literally expected of youth. Myspace profiles are almost as essential as cell phones to some teenagers, and they’re a means of communication, especially with old friends who may be spread out. According to the article, the parents behaved as mine did when I was little and using the computer for my floppy disk games. They monitored her when she was on the computer, which I believe was a responsible arrangement for allowing her to at least have a Myspace profile. Even so, it isn’t all that surprising, and it’s actually very common for young preteens, sometimes even young kids, to have Myspace profiles and be using the internet rampantly. It’s sort of just a shift in culture. Can the parents be held accountable for the mess? I’m not sure that they can, especially when they had enacted reasonable measures of a reasonable person. The alternative would have been ‘no profile’ – but kids, right? If there’s a will, there’s a way, and I’m sure they had taken that into consideration before deciding it was better to know what their daughter was doing and where than to tell her ‘no’ and never really be sure if she listened or not.

“The misdemeanor the mother was found guilty was only in part because she failed to adhere to the Terms of Service of Myspace.com, which you much agree to when you sign up for the site, and are expected to follow, even if you choose not to actually read it. This might start bringing about more pushes for more regulation and laws for the internet. Though I’m against heavy regulation of content, perhaps some form or protection when it comes to defamation might be for the better.”ShrimpGirl Productions.

I’m against regulation of the internet and its content for the most part, though I agree entirely about protection against defamation and harassment, or other such cyber-crimes. Actually, that’s exactly what they’re called: cyber-crimes. Laws and regulations are already enacted within modern times, some even stemming from this particular case (anti-bullying legislation is especially noted!). The complication with regulating the internet, however, stems from the fact that the internet is composed of multiple parties of multiple cultures and multiple laws or regulatory standards. The free exchange of ideas and communications are ideal, but it’s virtually impossible to regulate on an international scale, therefore some protections are limited. We can only hope for international law to cover the tracks and further protection against anti-bullying and cyber-crimes. This actually raises an interesting question involving another suicide. There was one recently where a teenager committed suicide on his webcam with a crowd of hundreds, possibly thousands, watching and egging him on. In reality, bystanders would have been held by law to intervene if there was not already an intervention – I believe the immediate threat of suicide is actually considered the same way an auto accident is. You have to stay on the scene and act. You can’t just ignore. However, the bystanders were not held accountable for egging on the boy, or attempting to intervene or, er, do anything whatsoever? So there’s an interesting question: where in the law do certain things on the internet belong – such as harassment, or good Samaritan laws, as I believe they’re called?

Saturday, February 7, 2009

List of Illegal Activities in 'Used Cars'

Group Members: Theo, Geo, Anthony, Jesus.

1. False Advertising
2. Slander
3. Conspiracy
4. Assault and Battery
5. Bribery
6. Destruction of Property
7. Tampering with Witnesses
8. Contempt of Court
9. Under Aged Minors driving.
10. Speeding
11. Attempted Murder
12. Endangerment of a Minor
13. Misrepresentation
14. Sexual Harassment
15. Gambling
16. Perjury
17. Reckless Driving
18. Leaving the sight of an accident
19. Driving the wrong way
20. Tail-Gating
21. Unregistered Vehicles