now back to..

now back to the regular schedule program of whatnots, havenots, boring auditing and assurance class and occasionally the reviews (you know those things that help me pay for my merchant fees) and possibly some good gooey stuff thrown into the mix..

this is so fitting:

Be willing to live in between the right and wrong. The ego needs and desperatly wants to be right and make others wrong. In between right and wrong is a soft messy laughing place where it doesn’t matter” Sark

and herein lies sexymagick, that in between place where good gooey stuff happens

Blogger Rights

I’ve been blogging for over 7 years and never have run across a problem with a comment made on my blog but in light of recent issues,  I started wondering what rights do bloggers have?  We should be protected, isn’t blogging all about free speech anyways, shouldn’t our 1st amendment right be protected? Maybe not all bloggers are formally educated journalists but we are a form of journalism, shouldn’t we have the same rights as journalists, writers, the media? And shouldn’t we be protected if someone else comments on our blogs, we shouldn’t be liable for third-party content?

Well, yes, in fact, bloggers do have legal rights

Section 230 (Section 230 of Title 47 of the United States Code (47 USC § 230) ) says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider, which means your readers’ comments, entries written by guest bloggers, tips sent by email, and information provided to you through an RSS feed would all likely be considered information provided by another content provider. This would mean that you would not be held liable for defamatory statements contained in it. (Bloggers Rights)

Freedom of speech is the foundation of a functioning democracy, and Internet bullies shouldn’t use the law to stifle legitimate free expression…from Blogger’s Rights

In light of recent issues, I take ownership for posting on a forum to ask other webmasters how to deal with someone whom I called a jerk who was harrassing me, I shouldn’t have done and I take ownership of what I said however in order to stop association with me and my blog, he should have stop  following me around from forum to forum bullying/pestering me to make sure I did what he requested, as a webmaster of my blog, I deleted the comment as requested,  I contacted Bing and Google to have the cached pages removed but constantly bullying me on two different forums only makes the association between him and my blog more current and higher up in the crawls, hopefully within the next few days, the cached pages will be removed from Bing and Google and it will be a distant annoyance. (I’m sure there is a legitmate side to his story and maybe he’ll start his own blog, not mine and not through the multi-forums where I post questions for programming or web help). And for the record, Bing is so relatively new to the whole search engine concept, I had no idea how to do anything on it, I don’t normally use it. 

But no matter what, if you have someone harrassing you or bullying you on your blog or on the internet, there are laws to protect you the blogger, we have rights too.

The more and more I think about it, I think I might get my doctorate in information technology, specifically internet related functions or maybe in law, that might be interesting. (and just in case he’s reading this because I have the weird feeling that he is because of strange comments left on forums, dude, I’m months away not years from getting my masters in accounting, not webdesign)

And one other thing, its bugging me, I won’t be able to sleep unless i just post it, webmasters don’t know everything, sometimes we have to ask for help too doesn’t mean that we wanted to be followed around and pestered on the internet.

Why are we outsourcing our steel production?

I was watching the news the other day, its a rare occasion for me to actually watch the news and I can’t remember why I was even curious that day but I saw the news story about how the steel for the bay bridge was being shipped from China and I thought to myself, why the hell are we buying our steel parts from another country, isn’t our country having economic issues, not enough people have jobs, wouldn’t it be more beneficial to the US and california perhaps, if we didn’t outsource our steel production to China? Wouldn’t that help the economy by having US workers work on US Projects such as the Bay Bridge Suspension Steel and don’t you think that maybe the US companies might have brought the project in on time? Apparently the shipment was delayed for a year due to welding problems, I’m thinking that US Workers probably wouldn’t have welding issues, I know a few welders and they are really meticilous about their workmanship, they wouldn’t let anything go without making sure that their weld held. Just a thought but instead of outsourcing, maybe we should bring the jobs back to the US, stop helping every other country and start paying attention to our own country.

Bethlehem Steel went out of business because of the decline of the US Steel industry after 146 years, what does that say about our country, that one of the largest steel mills can just disappear because we’re outsourcing to other countries, shifting away from our own country because of cheap foreign labor.

I kind of wonder what people are thinking outsourcing big projects like the bay bridge for materials and labor when our country is having problems, then again maybe that’s why our country is having problems because we’re outsouring to other countries.

Yaz Thoughts

Yaz Birth Control like any other drug out there has side effects and before you use any new medication, you should read all the warnings, read as much as you can about the drug before you decide if taking that particular medication is worth the risk to your well-being. While Yaz has these really cool commercials and ads promoting the benefits of Yaz, have you noticed the new ads explaining the side effects of it as well. yaz side effects include Headaches, Increased appetite, Decreased sexual activity and desire, Non-cyclical menstrual bleeding and spotting, Sporadic increases in weight, Vomiting, Stomach pains, Nausea, Vaginal discharge, Vaginal yeast infections and these are just the basic non life threatening side effects, seriously do you want to take a drug that causes any of these issues especially decreased sexual activity and desire, isn’t the whole point of taking a birth control so you can have sex? If you have no desire to have sex by taking Yaz, then what exactly is the point of taking Yaz? And that’s only basic non-life threatening side effect.

The serious side effects caused by Yaz are Heart attacks, Stroke, Deep vein thrombosis (severe blood clotting), Pulmonary embolism (typically a blockage of the main artery of the lung), Sudden death, Gallbladder Disease, Blood Clots, seriously do you want to take a chance and be that one person that dies from taking Yaz? Me personally, I don’t use any birth control medication anymore, I didn’t like the emotional mood-swings associated with taking birth control, its my personal choice.

But I think with all the new drugs out on the market for everything under the sun and for things we didn’t even know existed or had a problem with, most of them have way too many common and serious side effects. If you’re considering taking Yaz, as always, talk to your doctor, read the fine print, check out all the potential side effects before making your choice, check out this site: yaz side effects and then check out the FDA information too

can’t sleep

I’m exhausted but can’t sleep, in the midst of my hectic long week, I received an email from some random guy requesting I remove a comment from my site. I replied back and removed the comment, then he threatened legal action unless I requested that Bing and Google remove any reference to his name in association with my accutane journal. I sent a request to Google to remove the link, they sort of did, the remove it from the main search page, but if you did further, it still shows up. I asked Bing to remove all references to the guy’s name as well, actually I asked them if they could possible remove his name in general from their hits, so he no longer existed.  The guy was constantly emailing me saying I had to do it, now of course, I didn’t do anything wrong, I didn’t post the comment but it actually spurred me to write a comment policy for any future potential issues with random comments. He was constantly emailling me threatening the following legal actions:

Doctor Patient Confidentiality/Defamation of Character/Misfeasance/Malfeasance/Breach of Fiduciary Duty

  • Well since my journal is just a journal and I am not a doctor and he is not my patient, then Doctor Patient Confidentiality doesn’t hold water
  • Since I did not post the comment, Defamation of Character, doesn’t hold water either. The person who used his name, maybe.
  • Misfeasance – I didn’t post the comment and I removed it as requested, I did nothing wrong
  • Malfeasance – I’m not a public official, I did nothing wrong
  • Breach of Fiduciary Duty – obligation to act in the best interest of another party, I removed the comment, I actually probably went way over and aboard but seriously I just wanted this guy out of my life. And besides that, I don’t owe this guy anything, the best interest of this particular party – I got hits on my blog, yeah!
  • Actually though after writing out all these definitions, if you’re going to act and play like some big time lawyer, you might want to make sure your legal definitions even pertain to the situation

So I decided to just delete the whole accutane journal and recreated it, that should stop all google and bing crawls and any association with this guy right? And yet, I decided to post a chit-chat question on Google’s webmaster forum referencing this guy name in full because I was just wanted all association with him gone period (little like foot in the mouth). Little did I know that once you post a chit-chat on google, it gets indexed right away and you can’t delete a chit-chat post if someone has replied to your post. Now the guy is ranked 5 on the google because he responded back to my post and then someone else responded back and used his full name.

Two wonderful web guys responded back – which explained the situation perfectly…

What I don’t see is any “problem”. OK, so your name is XYZ. It’s relatively unusual (compared to mine, say). That doesn’t give you the right to police its use across the whole internet. Who knows how many other XYZ’s there are out theere in the world? Or people who might choose that as a pen-name? Provided they’re not actively trying to pass themselves off as you, I don’t think you have a legal leg to stand on. So your name is on some random junk site. So what? Who cares? Nobody is going to look at that site and assume you typed it in yourself. In fact, nobody is going to look at that site at all. It’s irrelevant. If you’re worried about your online reputation, I’d be way more concerned about how your efforts to deal with this “problem” come across: you look like an egomaniac with way too much time on his hands. Stomping around the internet, threatening people with legal action for taking thy holy name in vain. It’s really not giving a good impression.

and the next one

Gosh, personally I wouldn’t worry about it. Since his name has been posted here, he now has a rank of 5 for this fourm! I’ll request a removal of this thread but I doubt they will do anything.

Anyways, I feel a little better. Maybe google will remove the thread from the chit-chat forum. If not, oh well, I need to get some sleep.  Me personally wouldn’t want to use a lawyer who doesn’t know definition of legal terms and stomps around the internet threatening people.

panties in a wad

I received this email from this guy, subject line: Legal Action

Content of Email: Dear Webmaster
This demand applies to all of your DBA’s and all Internet search engine search results including Google, Bing, Lycos and the like.
You were never given permission to use my name and if you continue using my name, legal action will be taken against you.
Todd B.
(ok, so I can’t use his whole name here because of legal stuff and things probably)

My first thought, was who the hell is the person and what is he talking about, so I wrote him back. Apparently he left a comment or someone with his name, left a comment on my accutane journal and his panties all got in a wad that I was using his name, like he could be the only Todd out there or something. My second thought, was oh shit, is it Todd from way back when – but no, that Todd doesn’t talk to me anymore.

He wrote me back and sent me a link to check out on bing
See accutane journal sexy magick:
http://www.bing.com/search?q=todd+bxxxxx&go=&form=QBLH&qs=n (again not the real link but you get the gist, potential liablity issues here)

Oh, his name is clearly on this page:  (no legal issues here, this is my page) but when you follow the link associated with Todd B, it goes to this page: http://www.articlefriendly.co.uk/ and there is no Todd B there listed as far as I can tell and I wrote this guy back to that fact.  Also told him that just writing me and being nice would have been a much easier way to handle this then threating me…
 
because honestly, threatening me has just open up a whole can of worms on his part, while I can’t use his name on this post or his email address, I can tell you what happened and give you some information about the law:
  
In the United States, fortunately, the law has been written to protect bloggers and other “interactive computer service providers” against libel torts for material that they did not write themselves. This was codified into law by Section 230 of the Communications Decency Act of 1996, which said “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

In short, the law prevents someone from suing yourself for comments made by a user of your site. No one can treat you as if you were the speaker just because you unwittingly provided the platform for the libel. This protection applies even if you edit the comments, so long as you do not change the meaning or otherwise add libelous statements yourself, and is expanded to other torts that might stem from a libel suit including negligent misrepresentation and emotional distress among others. (more information about the law and commenters on blogsbloggers are protected! and more information here: Blogger Law

 

 So he wrote back:  I never wrote a comment in your journal. Please remove my name immediately. My name has been hijacked and used all over the top search engines on the Internet. This is my primary path to recourse and restoring accurate Internet search results of my affiliations and accomplishments.
 
Not a thank you in sight. I’ll remove his comments with his name on it, not an issue, sounds kind of like a jerk anyways but I did write him back and let him know he can’t threaten legal action against me for comment left by someone else…
and now..I will be posting a Comment Policy on my blog just in case another person gets their panties all in a wad
 

AmazaPet-Not

Have you ever notice that not only is your friend’s dog the best and smartest dog in the whole world but your other friend’s dog is also the best and brightest and smartest dog in the whole world and your other friend’s cat outbeats both dogs and is the smartest? While I love all animals and I think my cats are pretty smart, independent yes but definetly smart, I don’t believe that your dog is the amazapet that beats them all. I do believe that you probably think that your pet, dog, cat, iguana, raccoon, skunk, squirrel, bird, lizard, dragon, cartoon character or whatever you may have is the smartest and brightest and bestest animal in the whole wide world, trust me, you probably don’t because someone will always want to top what your pet has done but no matter what nod your head when you encounter these fools and let them believe that their pet is the bestest in the whole wide world because you’ll know in your heart of hearts, that their pet is not the amazapet, yours is.

National Rodeo

I’ve always wanted to go to the National Final Rodeo, I like watching movies about rodeo and I’ve been to little rodeos in Sacramento and the nationals just seems like fun like it be way more fun and it would be an experience besides the cowboys are cute. The stage, the lights, the horses, the commentators, the atmosphere of the rodeo, the thrill of danger, one can’t truly experience the sensation unless one has gone. Its kind of like going to Nascar, you can watch it on TV but until you’ve been up close and personal, you haven’t really experience it.  So where and how does one get tickets to the National Final Rodeo and what about the prices? National Finals Rodeo 2010 is happening December 2nd through December 11 in Las Vegas, NV.  You can get tickets at NFR Tickets and the prices seem reasonable, hell if you’re heading to Las Vegas, you’re probably going to spend alot anyways, might as well splurge for the good seats and if not, the seats further away are a very reasonable price for every night.  Las Vegas, now there’s another place I’d like to go, maybe I’ll get a chance to go to the National Final Rodeo in December in Las Vegas this year.

chicken salad

money saving tip, a way to stretch your dollar and that can of chicken, I’m broke, not sort of broke, but broke, I have about 50 in one account, 20 in another and I think a dollar in the other account, that’s it and no extra $$ to go buy groceries at the moment, what I see is what I get, so when I’m staring at the bare cupboards wondering what am I going to have for dinner beside top ramen or mac/cheese, I see that last can of chicken staring back at me but I’m so sick of sandwiches, there must be something else to make with it, how about just a salad with the last of fresh spinach, lets see if I can whip something together that will be tasty, if all else fails and it sucks, I’ll eat top ramen….I don’t measure when whipping up something different however in case you’d like to try this yummy salad, I’ll try to remember..

  • 1 can of chicken in water (2 cans would have been better but I only had 1)
  • 2 big tablespoons of mayo
  • handful of raisins
  • 1/2 diced green apple (small green apple)
  • 3 teaspoons of mango chutney
  • 2 tablespoons of curry powder (less if you don’t like curry that much or do it to taste, I love curry)
  • 1/4 cup of diced onions (green, red, yellow – whatever you have on hand, less if you don’t like onions all that much)
  • Mix it all together and serve over a bed of fresh spinach leaves, top with a dollop of mango chutney

Can of chicken has been stretched into 2 meals and its delicious to boot

freelance writing

I keep trying to figure out ways to make some extra money, do I continously take on clients that think the world owes them a favor and everyone’s work should be free – nope, that’s not the right way. Or do I go get a part-time job – exactly when do I have time to do that, I work 12 hours days then do school for 2 hours a night – nope that won’t work? So exactly how do I make some extra money and then it dawned on me, I have time to blog, so I must have some free time and I write paid reviews, so why don’t I branch out a little and do some freelance writing for other sources? Surely that could work and be an option. There’s alot more freelance writing out there than I expected, so yes, maybe freelance writing could be my ticket to getting away from having to take on obnoxious clients. But where to send them for writing samples, do I have writing samples – well duh, I have a whole blog full of writing samples. How does this work exactly? Should I copy and paste my writing samples into a word doc or just send those potential folks straight over here to check out me, moi? And how does one create a writer’s resume? I think I found the answer for that one – will work on that next, then start sending out samples I suppose and my resume, see if I can hook a freelance writer job, just one or maybe two would be good to start and maybe who knows, maybe this will lead to more writing and maybe a publisher someday, hmm, is hmm, even a word?  Maybe should start small, feel this out although one can dream, can’t she?

In other notes of the day, I can home to find my sump pump had stopped working, power outage, my cats stranded in the backyard and the garage flooded. There is now a beam across the patio to the cat door in case the patio floods again and after stepping in 3 feet of water, I got the sump pump back up and running, damn that water was cold.