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Compensation for Bandwidth Costs is Extortion?

Tha_Big_Guy23 asks: "According to this article, a man who created a website for his local Sheriff's department is being charged with extortion. This was caused by taking down the website after repeated attempts to get compensation from the county to cover the bandwidth costs. As a result, all his personal computer property, and company computer property was seized and he was jailed." "After being jailed he was charged with extortion, larceny by conversion, using a computer to commit a crime, and obstruction of justice. This website explains in more detail the circumstances surrounding the situation. Has anyone on Slashdot ever had an experience where a client was unwilling to compensate you for either your work, and/or the resources required to do your work?"

While the end result of this situation is a shame, let this situation serve as a warning for those of you who work, without a contract in place. While it is the general hope that people will behave in an honorable manner, sometimes this is just not the case, and contracts exist to protect both parties, when things go sour.

218 of 865 comments (clear)

  1. Oh, gotta rant, gotta rant on this one... by The+I+Shing · · Score: 5, Interesting

    This guy gives website designers a bad name. I'd say he definitely belongs in prison. 3.5 million hits per month? Oh, yeah, right. I get the feeling that this guy was planning to pull this stunt all along, but I bet he wasn't counting on getting arrested. Another clue is the fact that he set the domain name up as his own property so the town would be unable to switch to another server. What a noble thing to do. And then there's his final bill... $300,000?! To offset the "huge expense" of running the website? WHAT huge expense? How much was he paying for hosting? DIdn't want to lose any more money? Why didn't he just set it up on a different server and let the town pay for it themselves? I think this guy wants to the town to pay for the loss he's taken running his business in the first place, and shutting the server down while handing over such a massive bill is, IMHO, extortion, and should be treated as such. I hope they throw the book at him, and throw it at him hard, to serve as a warning to anyone else thinking of pulling a stunt like this. Whew, I'm outta breath. Gotta go lay down for a minute.

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    1. Re:Oh, gotta rant, gotta rant on this one... by (54)T-Dub · · Score: 5, Insightful
      Before everyone gets their tin foil in a not, a few quotes from the article to show that there are two sides to every story:
      Richard then demanded $300,000 of taxpayer dollars from the county. Richard said the money would offset the huge expense of running the Web site for the 33 months.
      This for 3.5 million users per year.
      Richard lied to investigators by claiming he sold the domain name to a Virginia company, Hackel said. Hackel said his mistake was placing too much trust in Richard and agreeing to have Richard pay the nominal domain fee. Richard retains authority of the domain name.
      Appearently he was holding the domain name until they paid him $300,000
      --

      "I can not bring myself to believe that if knowledge presents danger, the solution is ignorance" - Isaac Asimov
    2. Re:Oh, gotta rant, gotta rant on this one... by Lizard_King · · Score: 5, Insightful

      3.5 million hits per month

      "hits" is such a crappy way to measure bandwidth. Depending on how the site is built and which web traffic monitoring tool you use, a single unique visit to a site can result in hundreds of hits. My shitty site gets in the order of 50-70k hits a month and I know its only my mom.

      --
      "My mother never saw the irony in calling me a son-of-a-bitch." - Jack Nicholson
    3. Re:Oh, gotta rant, gotta rant on this one... by Anonymous Coward · · Score: 3, Interesting

      This man is being arrested because he refused to work for free.

      'Richard's Running Wolf Inc. operated the sheriff's office Internet site for nearly three years as a free service before shutting it down three months ago because the county wouldn't pay him.'

      He operated the web site for free for three years. He probably hosted it as his own expense, too.

      I get the feeling he designed and managed this website at his own expense, expecting payment. After a few years of no payment, he finally closed the website.

      So, let me get this straight. He managed this web site on his own, withough compensation, then closed it. And because he mentioned that he needed to be paid to keep it open, that's extortion.

    4. Re:Oh, gotta rant, gotta rant on this one... by argmanah · · Score: 5, Informative

      Read TFA, not skim TFA.

      According to the second link in the article, he spent $300,000 of his own money and is not asking for his inventment back. He simply tried to tell the county that, going forward, he couldn't afford to pay for it himself. When they ignored him, he closed up shop to keep from losing more money. They retaliated by arresting him and slapping him with exortion and other charges.

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    5. Re:Oh, gotta rant, gotta rant on this one... by BladeRider · · Score: 3, Interesting

      This rant gets modded interesting? The guy created the web site for free. He maintained it for free. He paid the domain name registration. The site is his to pull or sell as he sees fit. If it is really important to the sherrif's office, then they should be willing to pay for it. If not, they're free to do just what they did, put up a new site and create their own content.

      Abusing the law by arresting this guy, just makes the LEO's look like the extortionists.

      --
      j.
    6. Re:Oh, gotta rant, gotta rant on this one... by myowntrueself · · Score: 5, Funny

      "My shitty site gets in the order of 50-70k hits a month and I know its only my mom."

      Should've posted the URL here, dude.

      --
      In the free world the media isn't government run; the government is media run.
    7. Re:Oh, gotta rant, gotta rant on this one... by Wakkow · · Score: 5, Insightful

      I read both articles, and they contratict each other.. The news article says he demanded $300,000... The other site says that he didn't want that money back. Who do we believe?

    8. Re:Oh, gotta rant, gotta rant on this one... by Performer+Guy · · Score: 4, Interesting

      On ballance this is blatant abuse of power by the Sherrif's office. The guy paid for the domain and ran if for 3 years for free. What you believe w.r.t. what was said about payment should be decided in a civil court. As it is the Sherrif is using their power to force the issue and screwing a guy who did them a favor for 3 years. The Sherrif is incredibly claiming that they were doing this guy a favor by letting him host their site. No, their site was chicken shit without this guy. He build it into the famous property it became and paid for the frikin domain. They should be ashamed of themselves for doing this to the guy. Now they have all his computer gear impounded and he has to arrange bail and hire a lawyer while faving multiple felony charges.

      This Sherrif's office are scum, no two ways about it.

    9. Re:Oh, gotta rant, gotta rant on this one... by ScottGant · · Score: 2, Interesting

      Come on, 300,000 bucks to run a web site? And he did it out of the kindness of his heart? 300,000 of his own money to "promote his business".

      RTFA again:

      A year or so ago, Richard started talking with Hackel's staff about earning income from the site. An attempt was made to secure advertisements for the site with profits going to Richard, but Hackel said that generated only a small response.

      Richard then demanded $300,000 of taxpayer dollars from the county. Richard said the money would offset the huge expense of running the Web site for the 33 months.


      300,000 for running a site for 2 and a half years? Even if you have your own server, with a T1 line it wouldn't add up to that. The guy lied and tried to cheat the dept out of cash. He got what he deserved.

      Please, RTFA again and take off the tin-foil hat.

      --

      "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    10. Re:Oh, gotta rant, gotta rant on this one... by Glonoinha · · Score: 2, Interesting

      I have a hard time with his web site costing him $9k per month in real expenditures ( bandwidth, etc. ) sustained for 33 months straight.

      Now if he wants to include the unpaid wages of a developer (himself) in that I can probably envision it (not necessarily agree, but I can see where the numbers come from) - but you got to use a LOT of bandwidth to burn through $9k a month.

      --
      Glonoinha the MebiByte Slayer
    11. Re:Oh, gotta rant, gotta rant on this one... by segment · · Score: 4, Interesting

      If he could prove his costs were $9090.90 per month in bandwidth fees, then he has a valid argument bottom line. I have a customer who happens to be a Sgt of the police department where i work, and the guy is a total prick. I'm not saying this as antipolice, I mean it the guy is an asshole. He uses a DS3 and whenever there is a problem with Verizon, he tries to ream anyone in the company to the point of workers feeling threatened. Even knowing VZ is the reason to blame, he still insists on DAMNIT I want my line on now! and mysteriously workers' cars fall victims to tickets for shit we never even knew existed. "Ticketed for degraded Windshield wiper" Hell I would fight too if I can prove it cost me 300k in fees in bandwidth.

    12. Re:Oh, gotta rant, gotta rant on this one... by Monkelectric · · Score: 4, Insightful
      Theres still something fishy here -- 300,000$? I could build a fucking datacenter for 300,000. Think about how much hardware that is. At my last job I bought 2.6TB of SUN storage and a 4 way SUN server for 100,000$. 300,000$? Thats one HELL of a website!! I'm paying like 150$ a month for a TB of traffic and a colo'd p4.

      I don't think we can settle anything about this case until we see documentation on this 300,000$. Either he's the stupidest web developer in the world, or he's a fraudster.

      --

      Religion is a gateway psychosis. -- Dave Foley

    13. Re:Oh, gotta rant, gotta rant on this one... by argmanah · · Score: 5, Insightful

      For two years, Pat attempted to negotiate a way to pay for the site. For two years, Pat worked without pay. For two years, RunningWolf was not compensated for its server space or its bandwidth costs. For two years Pat spent $300,000 of his own money to host and maintain the site, never asking for nor receiving a profit.

      Pat did not ask for payment of any of that investment, but simply explained to the county he could no longer afford to host and maintain the site for free. For 2 years the sheriff refused to negotiate a way to continue paying for the site.


      Considering that it is undisputed that this guy donated nearly 3 years of his time to this county before asking for anything, I find it much more likely that his side of the story is more accurate. You don't see greedy/selfish people work selflessly for 3 years with no return on investment.

      You do however, see greedy/selfish people willingly leach off of generous people for years, and then sue or otherwise take legal action when those generous people stop.

      You seem to be very ready to believe that a guy would be willing to work for you pro bono for 3 years, then suddenly turn and try to extort you by withholding his free service? How am I the one with the tin-foil hat? I have more faith in people than that.

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    14. Re:Oh, gotta rant, gotta rant on this one... by nacturation · · Score: 2, Informative

      And then there's his final bill... $300,000?! To offset the "huge expense" of running the website? WHAT huge expense? How much was he paying for hosting?

      FWIW, his firm is Running Wolf with an IP address of 66.216.120.156 which is owned by none other than... Rackspace.com. I don't think their bandwidth is quite so expensive.

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    15. Re:Oh, gotta rant, gotta rant on this one... by nehril · · Score: 3, Insightful
      This man is being arrested because he refused to work for free.

      not entirely correct. he *offered* to create and run the site as a free service years ago, in exchange for the publicity it would bring him. the sherriff's office agreed. 3 years later, the web site is on all the police cars & letterhead, is used for email and has become an integral part of the department.

      Now, he's *backcharging* the department $300,000 for work he originally agreed to do for free. That number does not appear to be solely bandwidth costs, but seems to include other new and surprising charges. The department didn't go for the "altered bargain" right away, and rather than the obvious expedient of simply turning over the site contents/domain to them to maintain on their own bandwidth, he pulled the plug as a bargaining tactic.

      so lets see:
      • he hooked the department on a free service
      • gained the desired publicity over it
      • *then* decided it was never free and is now worth $300,000
      • then pulled the plug during negotiations


      sounds slimy to say the least. it's generally a bad idea to play evil hardball with attorneys general, because it really doesn't cost them anything to fight back.
    16. Re:Oh, gotta rant, gotta rant on this one... by Hrothgar+The+Great · · Score: 2, Insightful

      There are probably many scenarios by which this is not so far fetched as you believe - the most reasonable seems to be that the guy honestly thought that creating and maintaining the website for free would increase publicity for his other site(s), that it might lead to other more profitable career opportunites, establish his prowess as a web developer, etc. and that he realized at some point that it was NOT going to do these things for him and he needed a new plan - if you look at it in that way, he was never performing a selfless, generous act.

      Even if you still don't agree with the above, there really is no explanation I can think of of why it would cost 300k to maintain a website for 3 years.

    17. Re:Oh, gotta rant, gotta rant on this one... by Scudsucker · · Score: 2, Insightful

      No foil hat needed.

      How'd he get $300,000? Easy: aside from the hardware and software costs, there was unpaid labor. All that time he spent on this free site was time he could have spent on other work; so yes doing stuff for free was costing him money. As there was no contract the sheriffs office could have argued that he knew what he was getting into, but that's a question for civil court. However, by impounding his equipment, arresting him, and threatening 20 years in prison, they have committed a HUGE abuse of authority. I hope the responsible officials are a) fired b) sued into the ground and c) sent to a pound-me-in-the-ass prison for as long as they're trying to send this guy there.

    18. Re:Oh, gotta rant, gotta rant on this one... by ScottGant · · Score: 2, Insightful

      The "article" you're quoting is a Pat Richard fan site it looks like. Of COURSE they're going to be biased. I didn't say they were lying or wrong..just biased.

      Is it factual, who knows. But you seem willing to believe him and not the police...because they're the police? Who's right? Do you personally know Pat Richard? Do you personally know the Sheriff involved? Then how are we to judge who is right and wrong given two conflicting views?

      This matter will play out in court. Since you have faith in people, then you should have faith in the court system since it's run by people.

      It's certainly an interesting case.

      --

      "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    19. Re:Oh, gotta rant, gotta rant on this one... by merlin_jim · · Score: 4, Informative

      This for 3.5 million users per year.

      Actually, that's 3.5 million users per month...

      42 million per year

      115.5 million for the lifetime of the site

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    20. Re:Oh, gotta rant, gotta rant on this one... by LostCluster · · Score: 3, Insightful

      Nope... he was operating on the "free drugs" model of business...

      Give the county free services for three years, then hit them with the price and tell them that they can't live without him... that's not true, the county can take those three years of free service and give him nothing but a thank you, and then take their business elsewhere.

      While the extortion charge is a bit extreme, he's lost all hope of doing business with any local government in the area ever again. He should know that local governments have to follow strict purchasing rules, and usually any contract worth $300,000 a year has to go out to bid.

      His claim of ownership of the domain is a bit weak. He's not the Macomb Sheriff. The sheriff's office could very well create a trademark and then sue for posession of the domain name.

    21. Re:Oh, gotta rant, gotta rant on this one... by bro1 · · Score: 2, Interesting

      Hm... 3 500 000 / 30 / 24 / 60 / 60 = ~1.4 hits per second. Is that a lot?

    22. Re:Oh, gotta rant, gotta rant on this one... by argmanah · · Score: 2, Insightful

      Why don't you look at the website in archive.org? It looked like a piece of shit. Besides, even if he worked full-time on that POS for 3 years, $100K/year is not the going rate for a web designer.

      Also, how the hell can you donate something and then ask for money back? What the guy did is regular extortion. Go read up on it sometime.
      1) Full time + hardware/hosting costs. But it doesn't matter, because the number is irrelevant.

      2) Did you not even read the other article? Did you not read the original reply in this thread? Did you read anything beyond the immediate parent post? He contends that he did not ask for his initial investment back. He simply asked that they pay going forward. So, regardless of how real or ridiculous the $300k figure is, if he didn't ask for it back, your point is irrelevant. Also, if I choose to provide you a service for free, and I tell you I'm going to stop providing you my volunteer work unless I get compensated, to call that extortion is ridiculous. It's my time, if I don't want to donate it unless I get paid, I don't have to. No one is forcing you to hire me.

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    23. Re:Oh, gotta rant, gotta rant on this one... by viware · · Score: 2, Insightful

      Oh sure, and SO much different from what every bloody company tries to do with all their, especially internet, products.

      Give me a break.

    24. Re:Oh, gotta rant, gotta rant on this one... by Anonymous Coward · · Score: 2, Informative

      Keep a log and record the phone conversations, for quality control purposes of course. Let a few more tickets pile up. When you're sure you've got enough, hire a lawyer, get him fired and a settlement from the department. Maybe a settlement from him personally as well.

      Who knows, you might inadvertantly save the life of his wife/girl friend or kids who were destined to be beaten or shot to death after he had a bad day.

    25. Re:Oh, gotta rant, gotta rant on this one... by goofballs · · Score: 4, Informative

      old sites are available on the wayback machine.

    26. Re:Oh, gotta rant, gotta rant on this one... by InkTank · · Score: 2, Interesting

      Let's see, what is more sensational for the news media? The fact he DEMANDED the money or that he was showing how much the site was costing him and he wanted to have the county foot the bill from now on? You trust a media that can srew up the entire "Child's Play" work done by the Penny Arcade crew over Christmas? A $1,000 of toys from a local Catholic church ... WTF? The news paper is of course going to get the Sherrif's side of the story and villanize the big bad old Internt extortionist.

    27. Re:Oh, gotta rant, gotta rant on this one... by gantrep · · Score: 2, Funny

      Tiled pink background + oversized US Flag + 3 short columns of centered text + strange rendering makes it too wide for browser initially + animated gifs + blue underlined text that's not a hyperlink + link to where you already are + lame useless joke about dashes = head implosion.

    28. Re:Oh, gotta rant, gotta rant on this one... by Fnkmaster · · Score: 2, Insightful
      Sorry, but there is definitely somebody being blatantly dishonest here. There is NO WAY in HELL that some podunk sheriff's office web site gets 3.5 million visitors per month. HITS, maybe (and I believe the article says hits, not visitors). Just maybe. The old macombsheriff.com site isn't showing up on Alexa, but the new macomb-sheriff.com site does, and it's "reach" factor is 0.1. That tells me they get somewhere between 10 and 100 visitors per day, I'd guess, based on similar site stats that I've seen. Even if they used to get 500 visitors a day on their old site (unlikely), that would be 15,000 visitors a month, which could definitely generate 3 million hits with a decent per-visit page view count.


      But even if it was a complex, graphically intensive site, the bandwidth bill for such a site would be tiny. I host several similar sized sites on a 10 dollar a month shared hosting account without the slightest problem. In short, the idea of this level of traffic generating a $300,000 bandwidth bill is laughable.

    29. Re:Oh, gotta rant, gotta rant on this one... by Gr0nk · · Score: 5, Insightful

      My guess is that his lawyer posted this article in order to "slashdot" the new domain - in a tactic to drive up their bandwidth costs to make the $300,000 seem a little more reasonable.

    30. Re:Oh, gotta rant, gotta rant on this one... by Tony+Hoyle · · Score: 2, Informative

      I *really* hope the wayback machine fubared that page up... it's even worse than the new one.

    31. Re:Oh, gotta rant, gotta rant on this one... by Total_Wimp · · Score: 2, Insightful

      They do appear to contradict about the money, but it doesn't really matter.

      All that matters is who you believe owns the site.

      If you believe the designer/operator owned the site then there is no extortion, regardless of what amount he asked for and when he asked for it. It was his to do with as he pleased.

      If you believe the sheriff's department owned the site and the designer/operator threatened to keep the contents and the domain name unless he got money (regardless of how much or when he asked for it) then the extortion charges are approriate.

      It doesn't matter if the guy is a jerk or not. It doesn't matter if he asked for a reasonable amount or not. All that matters is whether the site was his or theirs.

      TW

    32. Re:Oh, gotta rant, gotta rant on this one... by bugnuts · · Score: 2, Funny

      Actually, that's 3.5 million users per month...
      42 million per year
      115.5 million for the lifetime of the site


      That's 116,666-2/3 users per day!

      And I was one of those 116,666-2/3 users waiting, finger poised over mouse, for that exhilarating first day when the sheriff's site first opened!

      Of course, as one of those single users, I was only allowed to send a single "GET" http command. I had to get all my friends to send their single GET command, so that we could see the pictures of all our favorite celebs at the site, too.

      One friend misspelled it as "GTE" and was shamed forever. Maybe after another 119 years when all 5 billion humans on earth have had their chance to be a "user", they'll allow him to try again.

    33. Re:Oh, gotta rant, gotta rant on this one... by urmensch · · Score: 5, Informative

      Macomb county is not some podunk area, it is part of metro Detroit

    34. Re:Oh, gotta rant, gotta rant on this one... by cardshark2001 · · Score: 2, Interesting
      $50k for 3 years for a webmonkey: $150k (actually that's WAY TOO MUCH for a webmonkey. You could hire a real programmer for that much.)

      You know, I'm currently a "real programmer", but in your words, I used to be a "webmonkey".

      I take offense at this notion that web programmers are somehow inferior to "real" programmers. My job web programming was a hell of a lot more difficult than my current "real" job. I had to wear a lot more hats. Among my duties were: DB administration, network administration, DB design, DB implementation, server administration, site design, and PERL coding. The way of thinking of management types is that you hire a "web monkey", and he just "does" your site. A lot of people have no idea what goes into a large scale interactive website. It may not be rocket science, but it often is much more than just writing some HTML (though even that is very hard to do well).

      I could get into how difficult it is to design an interface to be used by people who don't even know what interface means, to implement a good custom search facility, to smartly generate dynamic content and the like, but it would probably be lost on the likes of you.

      --
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    35. Re:Oh, gotta rant, gotta rant on this one... by MerlynEmrys67 · · Score: 4, Insightful
      Damned it - preview/submit - who knows

      So the police dept. unwisely used a free service. At this point - make contracts that guarantee that the site is up and useful.

      Where it is nice to get things started on a shoestring, at some point SOMEONE should have thought "Hmmmm... We are spending real dollars here to advertise this site - we should spend the dollars now to make sure that we can have access to this site at all times"

      --
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    36. Re:Oh, gotta rant, gotta rant on this one... by drinkypoo · · Score: 4, Insightful
      This is it exactly. The copyright on the material, even if he didn't include his disclaimer about being the property of his company, is HIS. The domain is HIS. He asks for 300k, and you don't pay, it's entirely within his legal right. Besides where is the line between extortion and not? The article says that it's extortion because so much money is involved. So, if he only asked for 50k, it wouldn't be extortion?

      The fault for this even being an issue falls squarely on the collective shoulders of the sherrif's department. First of all, friends are friends, and business is business. If it's important to your business (the area residents and to a lesser but entirely legitimate degree all of the residents of the USA being the customers) then you need to treat it like a business, and document things, sign contracts, and so on. A verbal contract is not worth the paper it's printed on.

      The fact is that it doesn't seem that he's broken the law. The site belongs to him. The domain belongs to him (and that's the department's own fault, since he offered and they could have told him no.) How is he not within his legal rights?

      --
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    37. Re:Oh, gotta rant, gotta rant on this one... by timbit · · Score: 3, Informative

      Hmmm... supposedly, they *were* getting 3.5 million hits a month. Their new site, however, is only at 18000 hits, even though it has been listed on slashdot. Now, obviously it will take a little time before everyone that usually went to the sheriff's site figures out that it has changed. Still, if it was such a busy site before, you'd think that *most* of the former visitors would find it -- especially considering that a Google search has the new site listed at the very top. Something seems a little fishy about 3.5 million per month...

    38. Re:Oh, gotta rant, gotta rant on this one... by dasmegabyte · · Score: 4, Interesting

      Or better yet, talk to your local press (if you have a local press, and if you don't, you should start one, it isn't hard and can be quite lucrative). The whole reason for freedom of the press was to prevent totalitarianism in local justice.

      Example: one of my local PDs was notoriously full of money grubbing racist assholes. Our local paper started trolling through records and LO AND BEHOLD, discovered a number of major improprieties, including overtime pay when people were obviously elsewhere and sexual assault cases against various high ranking officers that had "stalled" in court. Paper started publishing on them, and the guilty officers started disappearing from the force. The remaining guys are sweet as can be, because they know that fucking around with the gray areas will get them canned with no pension.

      --
      Hey freaks: now you're ju
    39. Re:Oh, gotta rant, gotta rant on this one... by dasmegabyte · · Score: 3, Insightful

      I don't see why both can't be true.

      What if the guy thinks to himself, after three years, "this is bull. I have worked on this site for three years and have yet to see any money from the publicity. I can't afford to float it along any more, and these guys keep making demands of me."

      So he says to the Sheriffs, "Hey guys -- listen. I've lost about $300,000 of my own money running this site, and I'm going to need you to start paying for it. I'm turning it off, but I'll put it back on when you pay." The figure is an exageration (obviously). Maybe he's expecting a few hundred dollars a month.

      And the Sheriffs hear this as, "Guys, I want $300,000 to bring your site back up." That IS extortion. And obviously, since it's not in the budget, they can't pay it. This is government -- you can't wipe your ass if it's not in the budget. That's why everything's budgeted so high.

      So maybe the guy exagerates, and maybe the sherriffs hear the exagerated sum before the real one. Nobody thinks, because there's a lot of emotion.

      Not saying that's what happened. Just saying that neither group has to necesarily be lying.

      --
      Hey freaks: now you're ju
    40. Re:Oh, gotta rant, gotta rant on this one... by Valdrax · · Score: 2, Interesting

      Actually, if you read the newspaper's article, the sheriff's department claims that they were the ones to provide all the content for the site.

      Quote:
      "He built up the site so that we would rely on it so much and would pay him," Hackel said. "(But) that content belongs to all of us."

      He's not within his legal rights because he pulled a bait-and-switch on the sheriff's department when he decided to stick them with the bill for a site that they had come to rely on as free. I think they're calling it extortion because of the action he took to pull down a site which their organization relied on instead of negotiate in court. Not having that written contract is partially his fault too, and the lack of a solid termination clause opened him up to liability, I believe.

      Then again, the sheriff's office did fully abuse their police powers when they slapped him in irons and seized his equipment.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    41. Re:Oh, gotta rant, gotta rant on this one... by macdaddy · · Score: 2, Informative
      Think about it like this: I (a car dealership) loan a van with my logo plastered on the side to you (a private school) to use for your school's needs. I pay the gas. I pay the upkeep. I pay the driver. I agree to do this for free so long as my company's logo stays on the side of the van. After a few years I'm feeling the economical crunch. I tell you that I can't afford to continue providing the van, upkeep, and driver for free. I ask if you can offset my considerable costs. To demonstrate just exactly how much it has costs to operate such a venture, I tell you how much the project has cost me in total: $300,000. I ask if you can help offset my costs. You say no. On my way off the campus I take my van and driver with me (stop the service). You sue me for extortion. Are you in the right? Hell no.

      On the topic of ownership, using the example above, do you own my van? Hell no again. Now we're all assuming this guy bought the domain himself and paid all the renewal fees. We're all assuming he never received any compensation for the website of *any* sort. This guy is a former reserve deputy. Was he given any sort of time off from his reserve duties for maintaining this site? etc... From the single fairly unbiased article we have to work with, it sounds like this guy is in the right. The other site is run by the defendant so we sure as hell can't trust what it says. Maybe we'll get more facts in the weeks to come. It does sound like the guy is in the right.

    42. Re:Oh, gotta rant, gotta rant on this one... by nartz · · Score: 2, Insightful

      Macomb, Kansas. Macomb, Kansas....Reminiscent of Holcomb, Kansas, and the Capote mass murder, will it get the same publicity? We'll see.

  2. Wow what a site! by ericspinder · · Score: 5, Informative
    3.5 million hits per month
    www.macombsheriff.com must be one busy site. no wonder he wanted $300,000 dollars. That link is down, so what did he have on the site, lets check. Just in case your wondering the sherrif's office is in Mt. Clemens, MI
    --
    The grass is only greener, if you don't take care of your own lawn.
    1. Re:Wow what a site! by WinDOOR · · Score: 2, Informative

      What the hell kind of html is that?!? Firefox hates it.

    2. Re:Wow what a site! by kampit · · Score: 2, Informative

      Looks pretty normal, it's just missing all the CSS information, which makes it quite deformed.

    3. Re:Wow what a site! by Anonymous Coward · · Score: 2, Funny

      I slashdotted the Sheriff, but I did not slashdot the depute.

    4. Re:Wow what a site! by InkTank · · Score: 3, Interesting

      Yes, let's actually link to a site in the Watback Machine that ISN'T reliant on his style sheet code that is no longer there. A MORE ACCURATE reperesentation of the previous site Looks like it's got a ton of good content to me. Plus it was an award winning site in the Law Enforcent Community.

    5. Re:Wow what a site! by __aafutm5472 · · Score: 2, Interesting

      Indeed. To see what it used to look like, we have to look back further, to 2002.

      Here's the 'correct' page

  3. Written Contract? by 4of12 · · Score: 4, Insightful

    I could see something getting out of hand with just verbal communications, misunderstandings, etc.

    Anyone providing or buying services ought to insist on a written contract that both parties sign. Then, there's no question of consequences if someone doesn't pay within 30 days, etc.

    --
    "Provided by the management for your protection."
    1. Re:Written Contract? by Alizarin+Erythrosin · · Score: 2, Insightful

      I had a customer want a website done for his company. I went over for a chat to see what he wanted, what the company was about, etc. He gave me a sob story about how the company is falling on hard times, used to be on the NYSE, he once was worth millions but now can barely afford his house.

      I wrote up a contract with milestone payments, was reasonable with the fee (I was in college after all, any money is money after all), and asked him to sign. My boss at my university job is a notary public, so I asked if she would notarize it.

      He sends it back with some requested changes that were reasonable, so I made them. Then he told me to go ahead and start and he'd sign it and get it back to me. I'm thinking 'yeah, right' and tell him I can't start work until I have it signed, to protect both of us.

      Well, it's over a year later. Still no signed contract, still no work done. I still have that feeling if I did the work, he wouldn't have paid me. But that's ok, I wouldn't have given him ANYTHING until I saw some monies.

      --
      There are only 10 kinds of people in this world... those who understand binary and those who don't
  4. Thankyou sir by Performer+Guy · · Score: 5, Insightful

    My knee was jerking furiously until I read your excellent post. I can rest easy now knowing that there's two sides to this story and we have another sensationalized /. article.

    1. Re:Thankyou sir by Ohreally_factor · · Score: 5, Insightful

      And another highly misleading headline. "Compensation for Bandwidth Costs is Extortion?" is a real twisting of the reported facts, even if the webguy's claims are reasonable (They aren't). His actions certainly are not reasonable.

      --
      It's not offtopic, dumbass. It's orthogonal.
    2. Re:Thankyou sir by TwistedGreen · · Score: 5, Insightful

      The way I see it, Slashdot is providing is readers with valuable lessons in critical thinking. At what other news site could you exercise your mind to read between the lines, besides Slashdot?

    3. Re:Thankyou sir by EpsCylonB · · Score: 5, Funny

      At what other news site could you exercise your mind to read between the lines, besides Slashdot?

      Fox ?

    4. Re:Thankyou sir by the_mad_poster · · Score: 4, Insightful

      You're not real familiar with North American "news" sources, are you? If they're not sensationalizing completely baseless conclusions drawn from inconclusive scientific reports ("the gay gene has been discovered!") they're just making shit it up and hoping nobody notices (NYTimes, anybody?).

      I guess it was inevitable. Once slashdot got big enough and had a clearly defined set of agendas within the readership, sensationalizing headlines and distorting the actual news reports to play on the mores and taboos of the group became a good way to get eyes on stories and, in turn, a good way to get more hits for squeezing advertiser wallets.

      --
      Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
    5. Re:Thankyou sir by Telcontar · · Score: 2, Funny
      My knee was jerking furiously until I read your excellent post. I can rest easy now knowing that there's two sides to this story and we have another sensationalized /. article.

      In other words, /. at it best! ;-)
    6. Re:Thankyou sir by Jerf · · Score: 5, Insightful

      I know Slashdot has never been a place you trust unquestioningly for your news, not that trusting any source unquestionably is a good idea, but is it just me or have the editor's knees been getting a much better workout over the past couple of months?

      Based on my understandings of the problem, just looking at the current YRO frontpage, two of the last four stories have blurbs that are just plain wrong ("Courts Overturn FCC - Return of the Monopoly?", "Do You Have A License For Those Facts?" (my debunking and I'm a certified IP wonk). One of the others ("MSN Search Blocking Results For XFree86?") didn't really have enough data to prove or disprove (so it's probably not worth the 868 comments it attracted).

      Now this article, where I think the blurb is deceptive enough to constitute being "wrong".

      Slashdot editors, you are getting sloppy and going from moderate benefit (at least it provided some reasonably centralized source of information) to positive menace. Please, either spend more time digging into these stories, or stop posting the blurbs. You can disclaim responsibility for the accuracy of the stories until you're blue in the face, but the fact is that posting does constitute some degree of approval, since there is a selection process.

      This is an intervention. Please stop damaging our cause. You're marginalizing all of us who are legitimately concerned about the way things are going when you post so much obviously wrong stuff under the guise of "being on our side".

      (At least do us the courtesy of starting to shill for the RIAA and MPAA if you don't want to be bothered with improving your accuracy.)

    7. Re:Thankyou sir by TwistedGreen · · Score: 2, Funny

      Oh, I'm very familiar with North American 'news.' My original post employs what is called sarcasm. It's actually quite useful, but may sometimes be misinterpreted in media which are lacking the ability to convey tone of voice.

      I generally tend to ignore American media.

    8. Re:Thankyou sir by Ralph+Wiggam · · Score: 5, Funny

      And what have we learned today, children?

      Do not attempt to scam people who have the power to throw you in jail. The elderly are a much better target.

      Thank you and goodnight.

      -B

    9. Re:Thankyou sir by pla · · Score: 5, Informative

      His actions certainly are not reasonable.

      They didn't pay, he shut down the site. Explain the part of that you consider "unreasonable", please?

      Whether or not you consider the magnitude of his bill to the county as reasonable, it boils down simply to "he provided a service, sent a bill, bill went unpaid, he stopped providing the service". Nothing more than that.

      Theft of service also breaks the law. Key difference, a private individual doesn't have the power to abuse to have people from the country government frivolously arrested.


      Also, RTFA (in particular, the second link). He did not send them a bill for $300k... He said his total expenses came out to $300k (not unreasonable, if he actually worked something resembling full-time for 2-3 years... That alone gives $200k+ depending on the going rate in his area for a network admin). He didn't even attempt to recover any of his past expenses on the project. He merely requested they start paying for his services, and when they refused, he stopped providing the service.

      If this counts as extortion, it sets a VERY dangerous precedent... A precedent that basically makes slavery legal, by making it a crime to stop performing a voluntary service.

      On the bright side, assuming he doesn't end up in prison for a few years, he has a fairly good case for harassment, with monetary damages resulting. He could end up getting considerably more than his $300k (which, again, he did not actually try to bill the county for).

    10. Re:Thankyou sir by Mr.+Piddle · · Score: 5, Insightful


      This is why Slashdot is relatively good journalism, IMO. Even when the submitters and editors are clearly biased, it is only a few comments into the following discussion that things get balanced out. How often do we see on the big cable and broadcast networks retractions and alternatives being shown within minutes? Almost never.

      Even for the frequent story about Microsoft or SCO, there'll be at least a few comments among the flames adjusting the facts of the story. Actually, by being so harsh on these companies, for example, we can help the public better understand what is true and what is misrepresented regarding their actions. Hold the feet to the fire, so to speak.

      --
      Vote in November. You won't regret it.
    11. Re:Thankyou sir by Tanlis · · Score: 5, Insightful
      Richard, a former reserve deputy in the sheriff's marine division, more than three years ago offered to provide the Web site at no cost to the county as an in-kind contribution. Hackel, who enthusiastically supported it, said Richard agreed to operate it in exchange for publicity for his company.
      He agreed to host it at no cost. If he waited 2-3 years before asking them to pay, then he is only owed from the point he asked to when he stopped hosting the site. He truly was a fool though to run the site for that long if he expected payment from the beginning. Of course the second link states he tried getting paid during this period of time. Someone isn't telling the truth. So unless the guy has proof he tried to obtain payment on certain dates, he's not going to win.
    12. Re:Thankyou sir by SkunkPussy · · Score: 5, Informative

      One of the others ("MSN Search Blocking Results For XFree86?") didn't really have enough data to prove or disprove (so it's probably not worth the 868 comments it attracted).

      What are you talking about? if you either click on the link in the story, or go to msn.com, type "xfree86" in the box at the top, then click on search, you only get 1 result, which is porn and it warns you about.

      If you go to any other search engine there is more than one result and it isnt this nightcrawler business. google has 2.4 million.

      tellingly if you search on google for xfree86 nightsurf, you only get 28 results, none of which is the website that msn throws up.

      --
      SURELY NOT!!!!!
    13. Re:Thankyou sir by cbreaker · · Score: 5, Interesting

      Good response. Gotta love people that actually read an article and get it all wrong.

      The thing is, if this was any other business besides a government one (more specifically a police one), they would have to sue him like anyone else, not immediately seize all his gear. This is the problem with cops in general, they have the power to act and ruin your life, and ask questions later.

      I don't care if this guy DID try to inflate the prices and such, I do not feel as though the police should have the right to do this to him without a court order.

      --
      - It's not the Macs I hate. It's Digg users. -
    14. Re:Thankyou sir by alienw · · Score: 2, Informative

      it boils down simply to "he provided a service, sent a bill, bill went unpaid, he stopped providing the service".

      Wrong. If I volunteer to do work for you for free, and then send you a bill for it, that is fraud and/or extortion.

      Also, RTFA (in particular, the second link).

      The second link is biased, because that's his own website. The first link (which goes to a somewhat unbiased newspaper) clearly says he asked for $300K.

    15. Re:Thankyou sir by pla · · Score: 4, Interesting

      Someone isn't telling the truth.

      I agree, and didn't mean to imply that he necessarily went about this with the best of intentions (not many people would blow $300k of their own money purely for the benefit of the county government).

      But, I can't see any way that the this can count as outright extortion. Even if he did it for publicity or other non-monetary considerations, without a contract (which both articles make clear as one of the big problems in this situation), he has no obligation to continue providing the service.

      So does the county "owe" him any money? I'd say morally yes, but legally no. But does he need to keep providing the service if they don't pay? Again, no. Not extortion, just basic capitalism. If I stop paying my cable, and my cable company shuts me off for not paying, I'd get laughed out of court if I cried "extortion!". Even lacking a contract (let's say I found the cable live when I moved in, and just started using it), I would get charged with theft of services when the CC noticed, not the other way around.

    16. Re:Thankyou sir by dasmegabyte · · Score: 4, Interesting

      True, true...I frequently play devil's advocate and point out the unpopular counter to the "slashdot" view. And I'm surprised how often I get scores like "50% Insightful, 50% Overrated," due to some Slashdotters trying to suppress facts while others are trying to underscore counterarguments.

      End result? More information from more points of view, and that's better for everybody.

      --
      Hey freaks: now you're ju
    17. Re:Thankyou sir by Hatta · · Score: 4, Funny

      He forgot the 285th rule of acquisition: "No good deed goes unpunished."

      --
      Give me Classic Slashdot or give me death!
    18. Re:Thankyou sir by paganizer · · Score: 3, Informative

      Noo....
      What we have learned is, when you are setting up a sweetheart deal with the local sheriff's office, and you bill them an outrageous amount, pocket half and give the other half to the sheriff, make sure you have some sort of evidence on hand to use against the sheriff if people start noticing, so you can say "he made me do it! ".

      Good Old Boy Politics 101, learned in CLarksville, TN "The Crime and Corruption capital of Tennessee".

      --
      Why, yes, I AM a Pagan Libertarian.
    19. Re:Thankyou sir by Glonoinha · · Score: 5, Insightful

      Well the way I read it he didn't 'blow $300k of his own money.' The $300k was in "time, money, and resources". Thus I have a strong feeling that of that $9,000 per month, every month for 33 in a row he is claiming to have spent to total the $300k, a pretty good chunk of it was his self-assigned pay rate of $150 an hour (my guess, no basis in fact) for his own time 'webmastering'.

      Did he actually write checks for $9,000 per month is true expenses? Electricity, new hardware, bandwidth charges from his upstream provider? I'm guessing no fscking way.

      And according to the first article, yes he did plonk down a bill, a piece of paper saying something to the effect of 'you owe me $300,000'. They told him to get bent, then arrested him.

      That said, I think this entire thing is stupid. No farm-team sheriff office needs a web site that has 3.5 million 'hits' a month from 60 countries. And for damn sure no farm-team sheriff office web site is worth $300,000 over three years, traffic or no traffic. Someone is about to earn a few whacks from the clue stick.

      --
      Glonoinha the MebiByte Slayer
    20. Re:Thankyou sir by number11 · · Score: 5, Interesting

      If I volunteer to do work for you for free, and then send you a bill for it, that is fraud and/or extortion.

      Fraud, maybe. But if I volunteer to do work for you for free, and then later tell you I'm not gonna work for you any more unless you pay me, that's just the breaks. If you don't like it, you don't use my services any more. It wasn't extortion when X-Drive said they weren't gonna be free anymore, and I'd have to pay them if I didn't want them to dump my files. It's not extortion when eFax tells me that I'm gonna have to pay them if I want to keep the fax number they've provided for years for free. How is this different?

      If the sheriff wanted a SLA guarantee, he would have hired a commercial service. He got what he paid for. And if the sheriff wanted to own the domain, he should have gotten a .gov domain, unless he's selling justice he's got no business with a .com TLD anyhow.

      [Insert ignorant redneck sheriff joke here]

    21. Re:Thankyou sir by 91degrees · · Score: 5, Insightful

      If I volunteer to do work for you for free, and then send you a bill for it, that is fraud and/or extortion.

      It's certainly not extortion. It may be fraud. Depends on the nature of the bill, and the nature of the agreement. If there is a dispute abut the nature of the agreement, (abnd it appears that there is) then it is a civil matter. Not a criminal matter.

      The first link (which goes to a somewhat unbiased newspaper) clearly says he asked for $300K.

      Don't trust the media to get all the facts right. they tend to make small mistakes, and mishear things, and write what they think happened rather than what actually happened.

    22. Re:Thankyou sir by smack_attack · · Score: 2, Funny

      If this had been reported on FoxNews, Richard would have been a member of Al Qaeda trying to create a fifth column in the sheriff's office through his web design skills.

    23. Re:Thankyou sir by TheLoneDanger · · Score: 2, Interesting

      This is of course, what is frightening about current state of the legal system. That it's not whether you're right or wrong, it's about whether you've pissed off the wrong person/organization.

      It's not about justice or fairness, it's about struggling for dominance, and if someone's got more money and/or power than you, you're screwed. Even if you win the verdict, you have to deal with the expenses and hardships before that (in this case, having his stuff seized), and then have to deal with appeals. Plus, those with power can screw your reputation, leaving you with image problems.

      --

      "But I trust in the people's capacity for reflection, rage and rebellion." -Oscar Olivera
    24. Re:Thankyou sir by Cranx · · Score: 2, Interesting

      But what if I say: "Today I don't volunteer. Today you pay me or no more service."

      That's essentially what he did. He let them ride free to a point, then asked that they begin paying for service. They refused, so he shut them down. That's 100% legal and within his rights, and I think if that guy gets himself half a clueful lawyer, that Sherrif's office is going to be seeing a handful of both criminal and civil charges against them.

    25. Re:Thankyou sir by Eradicator2k3 · · Score: 2, Funny

      If Pat thinks paying (or "volunteering" as both links indicate) $300,000 in services and bandwidth are tough on him, wait until he gets the bill for his defense website getting slashdotted. Justice4Pat? Yes, it is.

      --
      Mr. T pitied this fool on 27 July 1992.
    26. Re:Thankyou sir by OWJones · · Score: 2, Informative

      "Do You Have A License For Those Facts?" (my debunking and I'm a certified IP wonk).

      And how, pray tell, does one get "certified" as an "IP wonk"? That article was not wrong, and in fact it was relatively on the money.

      While IANAL, I have taken a class in copyright law at Duke Law School and have followed CS IP issues for about eight years now.

      You're completely overlooking a few provisions of the bill. Mainly Sections 5(A) and 5(C)

      (A) IN GENERAL- Subject to subparagraph (B), the term `database' means a collection of a large number of discrete items of information produced for the purpose of bringing such discrete items of information together in one place or through one source so that persons may access them.

      [...]

      (C) DISCRETE SECTIONS- The fact that a database is a subset of a database shall not preclude such subset from treatment as a database under this Act.

      For an example of how rules this like this have already gone awry, read about this case over in the UK. In short, a horseracing agency licensed its database of races, start times, horses involved, etc, for use in casino-type betting agencies. William Hill, Ltd, the gambling company, also placed race times, horses, and odds on its website. The EU court ruled that placing even this amount of information on the web was an "unlicensed" use of a subsection of the database.

      So, Mr. "IP Wonk", please explain why that won't happen here, given the two clauses above. There are a lot of horse races -- one might even say a "large" number of races -- and the "database" of race times and horses involved is a subset of the larger database of all horse-racing data.

      "Your Honor, we conceed that the defendants might have looked /somewhere/ else to get race times, but they had access to race times from us through our database license, which did not allow them to post those facts^W^Wthat database on their website. They /stole/ our property."

      And given this country's tendency to "litigate first, and let the court sort it out", plus the courts' willingness to bend over backwards to punish those "pirates", how long before another SCO shows up claiming that the database of error names, numbers, and description strings is theirs? Even Nimmer and Jane Ginsburg, both staunch pro-IP, pro-DMCA lawyers have stated that a database protection bill is unnecessary [pdf].

      Of course, I might be wrong. I don't have my "IP wonk" degree yet.

      -jdm

    27. Re:Thankyou sir by Bobartig · · Score: 2, Insightful

      Um, no that's $9090/mo for a service he agreed to do for free. And a $1000 for hosting + development for THAT site is obscene.

      --
      This is where I get my recommended daily allowance of "Foot in Mouth."
    28. Re:Thankyou sir by LionMage · · Score: 2, Insightful
      If this counts as extortion, it sets a VERY dangerous precedent... A precedent that basically makes slavery legal, by making it a crime to stop performing a voluntary service.

      Thank you! This, perhaps, is the most important detail of this entire situation. This man was arrested for ceasing to perform a voluntary service at his own expense. Granted, he could have transferred the site to the county's control, and arranged for them to move the site to their own hosting service, but that still would have required the county government to provide money to do this.

      In short, the sheriff's department of that county abused their powers and levied four criminal charges for a matter that, at most, should have been resolved in civil court.

      I might also add that the second link in this article makes it clear that the site content was owned by the admin who put it together, not by the sheriff's department -- and this was stated clearly on the home page for the site.
    29. Re:Thankyou sir by 0x0000 · · Score: 2, Informative

      > I generally tend to ignore American media.

      Fox is not American. They were Aussie-owned, last I checked...

      Just wanted to remind everyone of that, in the interest of accuracy ... and if accuracy is not exactly fairness or balance, it's still important ....

      --
      "The Internet is made of cats."
    30. Re:Thankyou sir by C10H14N2 · · Score: 2, Insightful

      116,666 hits per day for the MACOMB COUNTY SHERIFF? Macomb county has 700,000 people. He's stating that he spent $300,000 in "time, resources and money." It sounds like he is claiming that he spent 40 hours per week, 50 weeks per year for three years--on one website, yet he does not go on to claim that he was developing anything but "a website." I would buy his argument if it was framed in "I built them web-based applications for accounting, HRIS, facilities management etc." He hasn't said anything even remotely approaching that. By focusing on "3.5 million hits per month" -- even on his own self-advocacy site -- he's implying rather directly that the real cost was NOT his time, but his bandwidth. Ok, at 50k per hit, that's 5.8GB per day, 241MB per hour, 4MB per minute, 67KB/s or 537Kb/s. Now, hosting providers generally will give 500GB/month for about $130--including all of the hardware. So, over 33 months, that's $4,290.

      Now, that leaves $295,710 or about $8,960 per month, which comes out to $107,530 per year. The kicker here if you read the exact statement on his offer to provide the service for free:

      "Richard, a former reserve deputy in the sheriff's marine division, more than three years ago offered to provide the Web site at no cost to the county as an in-kind contribution. Hackel, who enthusiastically supported it, said Richard agreed to operate it in exchange for publicity for his company."

      "IN-KIND" means "TAX WRITE-OFF." Since he was doing this under the auspices of a business and the in-kind agreement was for publicity, you bet your ass this guy has claimed a $107,530 write-off each year for this.

      I have no doubt that he has gotten a friendly call from the IRS and has been playing K.Y.A. with that write-off. That he can no longer afford to provide the service for free is probably more an indication that his write-offs related to that account were suspiciously large compared to his total revenue and he can no longer afford to evade his tax bill and the mounting penalties, not the $130 per month this site was costing him.

      The extortion charge is no doubt related to this little snipped:

      "Simmons said the Web site included a disclaimer that said it was owned by Running Wolf Inc."

      Now, that's just crass. He's talking about "People for the Ethical Treatment of Web Designers" and he pulls an "I own all of your content" bait and switch. Guess what, buddy, if you own it all, you didn't give shit "in-kind." The fact that you chose to retain ownership of something you can't sell to anyone but the original "customer" is your own damn fault.

      All of it adds up to this guy is a sleazeball.

    31. Re:Thankyou sir by fredmosby · · Score: 3, Insightful

      Excellent post, the only thing I would change is "North American" to "any". It's not like American news sites are more biased than any other news sites.

    32. Re:Thankyou sir by nartz · · Score: 2, Interesting

      I don't know if it applies, but BBC news seems pretty unbiased to me, appreciably moreso than others at least.

    33. Re:Thankyou sir by Ironica · · Score: 4, Insightful

      The guy volunteered to host and maintain the site in exchange for free publicity. Then he decided to stop doing so. But instead of handing the site and the domain over to the police department, he decided to try to shake money out of them. That certainly sounds believable, and the department's reaction is quite understandable.

      I see. So if I do volunteer work for another entity without any sort of contract, with the clear disclaimer on all the work that I own it, and then I decide to stop doing it, I have to turn over my work for free or be thrown in jail?

      Who "owns" a domain name? In this case, he offered to set up the site for publicity. He registered the domain name, the site always said that it was owned by his company, and then he stopped providing the free service (after a year of trying to negotiate a new deal where they would pay him for it). The domain name and the data has value to the sherriff's department (obviously), and they have NO AGREEMENT that he is to turn over the data or domain name to them if he stops hosting the site. So of course, it's perfectly understandable that they would throw him in jail and confiscate his equipment if he wanted them to pay for it.

      He might have asked for an unreasonable amount, and he might have even felt a bit malicious about it. Certainly, he had them up a tree, but they did do a lot of the climbing themselves. Still doesn't seem to me to be that obvious that he committed any crime.

      --
      Don't you wish your girlfriend was a geek like me?
    34. Re:Thankyou sir by 91degrees · · Score: 2, Informative

      I don't think there is any dispute as to the nature of the agreement. The guy volunteered to host and maintain the site in exchange for free publicity. Then he decided to stop doing so.

      I think that in itself raises a dispute. I've heard that there needs to be some form of payment from both sides in a contract. If I offer to give something away, then you cannot hold me to that. If I offer to sell something, and you give me the payment, then you can. So, there's a question as to whether the sherrif's office "paid" the guy to produce the website, by allowing him to use it for publicity.

      But whatever the case, I think an arrest and criminal charge is totally disproportionate. To be charged as a criminal, I feel it should be pretty much indusputable that what the guy has done is clearly a criminal act.

    35. Re:Thankyou sir by instarx · · Score: 2, Interesting

      The problem is we don't know the facts. Did the sheriff tell him he COULDN"T take the site down when the owner asked for financial help and then threaten to arrest him unless he kept performing the free service? Did the site owner ask for a reasonable payment and then respond with a bill to make it formal when the sheriff told him to get stuffed? We simply do not know what precipitated the $300,000 bill.

      It doesn't matter what the owners motives were - asking for payment for a service is not a crime, and taking down you own property (the web site) is also not a crime. Luckily for the sheriff, stupidity for not getting ownership of his own domain name is not a crime either.

      Frankly, I don't trust any sheriff who would so clearly abuse his police power to punish the site owner. This is a civil case, not a criminal case, and from the article the sheriff doesn't have a leg to stand on - the site owner can do anytning he wants to with the site, including shut it down. If the sheriff didn't like the site being down there were civil remedies that could have created a court order to keep the site operational until the matter could be resolved. The sheriff didn't do that - he just abused his arrest power and decided to teach the guy a lesson by arresting him.

      I hope the site owner sues the hell out of the sheriff just to teach him the difference between civil and criminal law.

    36. Re:Thankyou sir by instarx · · Score: 2, Interesting

      ..and if the guy did the same thing to a local furniture store's data they'd hire a lawyer and sue in civil court to get their data back. They wouldn't go to the police and try to have him arrested for extortion or "using a computer to commit a crime". If they tried to the police would laugh at them and show them the door while saying "So sue the guy."

      I am concerned that the police confiscated his computer. Was that his WEB SERVER? If so, they destroyed his business. Did they charge him with "using a computer to commit a crime" just so they could confiscate his server to get access to "their" data? If so that is a clear abuse of authority and nothing more than theft. You can't steal someone's car just because he won't return your fuzzy dice, and the police can't confiscate a person's business just because they want their web site back. If they have gone into his computers and extracted their data they have proved their bad faith. I suspect they have done just that.

      What makes this different is that the police abused their authority and decided they were the law, not the courts. If the guy had a plan to make them reliant on his site and then send them big bills it is perfectly legal. How is that different from your local cable company? How is it any different from the phone companies who until recently owned your phone number so you couldn't change carriers without great hassle? No one tried to arrest THEM, so how is that different from this guy who owned their domain and wouldn't give it to them unless they paid for it?

      And one final point: The site owner was a former deputy sheriff and as such I suspect he hates and loathes the ACLU - but this is exactly the kind of case the ACLU takes on. I wonder how he is going to feel about them when the ACLU asks him if he needs help now that he has first-hand experience with the abuse of police power?.

  5. the following day... by blue_adept · · Score: 3, Funny

    everyone on his MSN contact list was placed under observation.

    --

    "Is this just useless, or is it expensive as well?"
  6. More Information by Johnny_Law · · Score: 3, Informative

    An article from today on this topic.

    Perhaps this should be a lessong to all to work out your contracts a bit more clearly in advance.

  7. Let's do some math here... by bc90021 · · Score: 3, Informative

    $300,000 for three years is...
    $100,000 for one year, which is...
    $ 8,333 for one month of hosting.

    (blatant_plug)
    Well, don't host with that guy, come host with Tigerhost.com. We only charge $100/month for businesses! (And $16 for personal sites.)
    (/blatant_plug)

    Seriously, though, at those rates, he could retire on just that one site.

    1. Re:Let's do some math here... by reverend0 · · Score: 3, Interesting

      Agreed. This is horrible. Throw him in jail. I started out feeling honestly bad for this guy, but the further I get through the article the more I see that he is a waste of our good breathable oxygen. 3.5 mill hits. hahahahaha. Well let's look at it differently. Hosting costs: $100 / month = $3600 for 3 years Design costs: $5000 Interest: $292,000 I think he is figuring in uncle sam too.

    2. Re:Let's do some math here... by DR+SoB · · Score: 2, Insightful

      $100 a month buys you exactly how much total bandwidth? What kind of speeds do you get? Is that for a dedicated bundled T3's? Of course not.. BTW- The customer list is, well, lacking..

      Those rates are actually very resonable. It's obvious that most posters on /. have no idea what it takes to run a site.. I bet /. pays at least $100,000 in charges, would it be possible to have an Administrator of this site quote us what (S)HE pays for bandwidth?

      A dedicated T1 line, averages $400-600 a month, PLUS bandwidth charges. And only have 1 line is definitely not what you would call "redundant". What about his personal time invested? Oh I forgot, that ain't worth crap to the OSS society, right? Come on!

      Really this is just a. A salesman at work and b. police using powers that only they have, for financial gain. Do you think YOU would have the power to do what they are doing? Guess we are all EQUAL though right?!

      --
      Mod +5 Drunk
    3. Re:Let's do some math here... by the_rev_matt · · Score: 3, Informative

      You have got to be kidding me. Back in the dotcom era when ISPs and colos were charging ridiculous rates because they could we didn't pay anywhere near 100,000/year.

      Dedicated T1 + 100G/month bandwidth plus colo/management fees: 1100/month in the Denver market. We ate up the bandwidth several times (lots of large file traffic) and even with overage charges we never went over $2000/month. 2000x33= 66000. So he's saying that his work on the site was worth $90,000/year? I don't think so. Not for one site, and a relatively small one at that.

      --
      this is getting old and so are you

      blog

    4. Re:Let's do some math here... by phoneyman · · Score: 2, Interesting

      Overcharging is a far cry from extortion. He may be a terrible businessman, but that doesn't make him a criminal.

      Pierre

    5. Re:Let's do some math here... by sulli · · Score: 3, Funny

      By another measure, this guy is asking for almost a dime per hit! Did he confuse web hosting and crack dealing?

      --

      sulli
      RTFJ.
    6. Re:Let's do some math here... by cens0r · · Score: 2, Informative

      You're forgetting some of the extra costs. Sure you'll give me a site for $100/month. But who develops the site? Who maintains it? If I read the article right; this guy developed their site, maintained it, handled the administration, provided the hardware, provided the bandwidth, and provided the domain name; for 3 years. Maybe $300,000 is excessive but I don't doubt if you contracted someone to do it for you it would approach that.

      --
      Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
    7. Re:Let's do some math here... by Umrick · · Score: 3, Informative

      As we just priced it..

      Note that as we're in the Styx, prices would be a bit higher.

      AT&T (Tier 1) is costing us $698 per month for 2 year contract. Flat rate T1 (unmetered bandwidth) with AT&T providing the router (Cisco 2620) and managing it.

      Sprint just started a sale in the same price range with a preconfigured but unmanaged 2620 thrown in.

    8. Re:Let's do some math here... by shepd · · Score: 2, Informative
      Here's what you get for that $100:

      • Bandwidth Up to .5Mb/s (burstable, overage charge applies)
      • Five Free Domain Names
      • Unlimited Subdomains
      • 250MB Web Space
      • 20 Pop3 Email Accounts of 15MB Each
      • Unlimited Forwarders
      • WebMail @ YourDomain
      • CatchAll EMail Address
      • PHP Scripting (with PEAR)
      • 5 MySQL Databases
      • Detailed Site Statistics
      • Unlimited Email Tech Support
      • Three Hours Phone Support Per Month
      • The Chance To Help Save Some Tigers

      500 kbits sustained bandwidth. At 3.5 million users per month (*HA*HA*HA*), that is 37 megs monthly of download per user. We'll pretend that the site was only used half of the time, that's 18.5 megs per user.

      What was the guy hosting there? Videos of Rodney King? 18.5 megs is *PLENTY* of download per user.
      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    9. Re:Let's do some math here... by dasmegabyte · · Score: 2, Informative

      The very fact that you deal with bandwidth in bytes per month instead of bits per second indicates that you're in a very different level of hosting than a dedicated services provider. In fact, you don't even have a dedicated T1...a T1 could move 400 or so gigabytes per month and it wouldn't cost your provider anything more than if you had used a teeny bit of it.

      You're also paying way too much, btw...I pay about a fifth of that for the same deal, though I have a MUCH smaller scale co-loc.

      The company I used to work with had a deal that was around $50,000 per month. This was not for an amount of bytes per month (a useless metric, in fact when I asked the IT guy about it he laugh at me and said, "multiply our constant throughput by 250, it's that many gig"), but a number of megabits per second. This was important, because when you have 20 or 30 servers getting constant incoming requests, you have to be sure each of them can send data at a good enough rate. 20 servers on a t1 line, most you can serve is 10 kB/s, or about 5 seconds per page per server. So you pay for the per second line, knowing full well that you'll only fill up the pipe during "rush hour." For that price, you also get ridiculously redundant power, hands on, halon systems and all sorts of cool security features that make your shareholders feel good.

      If this guy had a similar deal...say, he rented part of a cage, included the sheriff's server in the cage for free, and had everybody else LEAVE the cage, then it's entirely possible that he spent $300,000 hosting it. With my old company's setup, it only would have taken 6 months.

      Does this mean that the $300,000 isn't overkill for the sheriff's site? No, of course it is. But it's entirely conceivable that HIS cost to host it was very, very high.

      --
      Hey freaks: now you're ju
  8. Huh? by El · · Score: 5, Funny

    Since the site shut down Jan. 1, the sheriff's office set up its own site, www.macomb-sheriff.com. The new site is bare bones compared to the original one, but Hackel said it provide the most important function -- public communication with his office in the form of e-mail.

    I see why they needed somebody else to build their web site -- they think they need a web page in order to receive email!

    --

    "Freedom means freedom for everybody" -- Dick Cheney

    1. Re:Huh? by Muerto · · Score: 3, Insightful

      They do to receive email.. when you have a domain change... this also changes the domain for the email.

    2. Re:Huh? by Homology · · Score: 4, Insightful
      I see why they needed somebody else to build their web site -- they think they need a web page in order to receive email!

      A homepage is certainly not needed in order to recieve e-mail, but for giving contact information to the public it is very useful.

    3. Re:Huh? by mamba-mamba · · Score: 4, Insightful

      Heh, I laughed at that too. But later in the article, I realized that the web-designer guy actually owns the domain. So he would be in a position to totally shutdown their email.

      MM
      --

      --
      By including this sig, the copyright holders of this work or collection unreservedly place it in the public domain.
    4. Re:Huh? by jason99si · · Score: 2, Insightful

      Not only that, but a web page is a great way to receive email from the public. If you set up a basic form with cgi/php/whathaveyou to accept the email, you can hide your email address from all the spam crawlers out there that scour the web for any email address they can find.

  9. Ouch.. by hookedup · · Score: 4, Funny

    Now this is weird, I _just_ took a break to read slashdot from desiging the website for the police service in my city.

    Thank god I'm not going to be hosting it.

  10. Heh by Anonymous Coward · · Score: 3, Funny

    He's going to be pissed once he realises he's been slashdotted.

  11. Well... by Tuxedo+Jack · · Score: 4, Funny

    If it didn't have the bandwidth problems before, it sure will now!

    --

    Striking fear in the authors of godawful fanfiction, I am here, appearing in darkness, Tuxedo Jack!
  12. now he gets 3.5 mil hits in 2 minutes by 192939495969798999 · · Score: 2, Funny

    The only hits this guy's getting now are if he runs a webcam in jail! 300 grand for a website... did he neglect to mention hosting the site on a SunFire 5k with 25 CPU's in it or something?

    --
    stuff |
  13. Re:Sigh. by stdcallsign · · Score: 2, Insightful

    Read the article and then tell me that anyone in their right mind would defend this web designer.

  14. What's wrong with what he did? by DroopyStonx · · Score: 3, Insightful

    First off, there was no contract.

    Second, he told them that he'd discuss pay at a later date since they were to busy to handle it to begin with. If I donated 2 years of my time, I'd sure as hell want compensation.

    He did what any normal person would do: shut off their service since they didn't pay. In fact, he did one up on what most would do. They didn't pay for TWO YEARS and he let them go on that long. Try not paying YOUR hosting bill and see what it gets you. A shutdown site, that's what.

    How the hell is this extortion? Not even REMOTELY. People are stupid. They don't realize it takes time and money, not to mention VALUE of what he had turned the site into.

    Granted he didn't have a contract, but both parties are at fault. You can't NOT have a contract then call "extortion" and throw him in jail. Sorry, that's not how it works.

    --
    We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
    1. Re:What's wrong with what he did? by Laur · · Score: 2, Insightful
      If I donated 2 years of my time, I'd sure as hell want compensation.

      Donate. You keep using that word. I do not think it means what you think it means. ;)

      --
      When you lose something irreplaceable, you don't mourn for the thing you lost, you mourn for yourself. - Harpo Marx
    2. Re:What's wrong with what he did? by nacturation · · Score: 3, Insightful

      They didn't pay for TWO YEARS and he let them go on that long.

      The agreement was that he would host it for free in exchange for the publicity it would generate for his firm Running Wolf. It's not that they wouldn't pay -- the agreement between them was that they didn't have to. Then the guy pulls the site, asks for $300K, and won't put it back up unless they pay? Well, that borders on extortion. As other people mentioned, he should have contacted a lawyer first since he needs one now even more.

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    3. Re:What's wrong with what he did? by mamba-mamba · · Score: 3, Insightful

      Well, I think most of the charges against him will be dropped. But the fact is, it sounds as though the guy also owned the domain, and essentially held it for ransom (for example, it sounds like the deputies all had email addresses on the domain since the article mentions that they couldn't use email after the guy pulled the plug).

      If that's the case, I don't believe the guy behaved professionally or intelligently. He should have just cut off the website, or replaced it with a note saying that, due to an inability to reach an agreement with the sherrif's dept., the site was removed.

      Alternatively, he could have sold them the domain for some reasonable price, and they could have kept their email up and running and so on.

      Anyway, the Sherrifs were stupid to arrest him. At some point, it will probably come back and bite them. This guy will sue for false arrest or something, and the county will have to spend a bunch of money defending the suit.

      MM
      --

      --
      By including this sig, the copyright holders of this work or collection unreservedly place it in the public domain.
    4. Re:What's wrong with what he did? by Shurhaian · · Score: 3, Informative

      From the article(as quoted above):

      "Richard, a former reserve deputy in the sheriff's marine division, more than three years ago offered to provide the Web site at no cost to the county as an in-kind contribution. Hackel, who enthusiastically supported it, said Richard agreed to operate it in exchange for publicity for his company." [emphasis mine]

      If that is accurate, then the guy tried to retroactively change the fee, exploiting the fact that there wasn't a written contract. The response is definitely extreme, though; it could probably have been settled with much less drastic measures.

      --
      NB: YMMV. IANAL. Take the above with a grain of salt.
    5. Re:What's wrong with what he did? by DroopyStonx · · Score: 2, Informative

      Yeah, but they didn't have a contract. Regardless of what he verbally agreed to, there was no legal document stating what is and what should be.

      Based on that, he CAN (although it's not professional) at a later date say, "Look, this is eating up my time and I feel I should be compensated for this." He *can* charge whatever he wants, too. If they don't like it, they can let him go and get someone else to host it (suing for the domain and site is different than accusing someone of "extortion" and throwing them in jail). Granted, the domain will belong to them since they are the Macomb Sherrif's department, but... what he did is NOT illegal by any means.

      It's just as much their fault as it is HIS for not making a contract. His fault because, look, you don't have a contract, they aren't obligated to pay you a dime. It's their fault because .. well, they didn't have a contract, so any situations or change of minds that later pop up you can't really do much about legall except for firing him.

      --
      We have secretly replaced these Slashdot mods' sense of humor with a rusty nail. Let's see if they notice!!
    6. Re:What's wrong with what he did? by silicon+not+in+the+v · · Score: 2, Informative

      While I don't think the guy was totally under a halo on this, the fact that there was no contract is significant. Yes, he agreed to do it without pay, but how long is that good for? It's a verbal agreement. If you volunteer to do something for free, and then it grows into a much bigger thing that is costing you a lot of money, you have to make some kind of arrangement to get paid for it, or stop doing it. He should be glad he did not sign a contract saying he would do it for free, because then there would be some legal grounds against him.

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  15. He faught the law by Bodhammer · · Score: 2, Funny

    and the law won...

    --
    "I say we take off, nuke the site from orbit. It's the only way to be sure."
  16. The Guy Made Mistakes All Along by ausoleil · · Score: 5, Insightful

    First of all, $300,000 is extravagant by any standards. He should have charged his actual costs, after all, he did agree to do the site in exchange for publicity. Thus, the designer should have asked to have the county pay the real cost. I simply cannot imagine the ISP involved was charging that much.

    Secondly, the designer should have never shut the site down without sending the county properly served due notice. In other words, registered or certified mails, preferably coming from an attorney.

    Finally, the designer should have sued the county, and then through the litigation a settlement would have been obtained -- most likely through binding arbitration.

    But, at the same time, to settle a civil disagreement through criminal prosecution seems to be abuse of power at most naked.

    Both of the parties should be spanked by their Mamas.

    1. Re:The Guy Made Mistakes All Along by stratjakt · · Score: 4, Informative

      The courts will decide.

      "You owe me $300,000 for services rendered."

      vs.

      "Pay me $300,000 or I'll shut you down and keep you out of your data"

      What was the oral contract? The Sheriffs dept most likely owns the website and the content on it, and this guy was just hosting it.

      If he doesn't want to host it, fine, they take their business elsewhere. He sues for services rendered, etc..

      But if he threatened to hold the content hostage, he probably crossed the line into extortion. He was demanding money to release property he didnt have a claim over. It would be like me taking home the sourcecode from my company, and demanding a payoff to give it back.

      DA's file charges, not local podunk Sherriff's (With whom I work with every day so I know how little power they actually have). DA's usually aren't very thrilled when Barney Fife shows up with some frivolous overblown charge.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:The Guy Made Mistakes All Along by drooling-dog · · Score: 4, Insightful
      But, at the same time, to settle a civil disagreement through criminal prosecution seems to be abuse of power at most naked.

      Which should be a lesson to all of the conservatives out there who think that unlimited police power is only a threat to those who are doing something illegal. In reality, unchecked police power is a threat to anyone who annoys it, whatever the reason.

    3. Re:The Guy Made Mistakes All Along by stratjakt · · Score: 2, Interesting

      Oh, he's also squatting on the domain which is all over the police letterhead, was on the cars, etc, etc..

      --
      I don't need no instructions to know how to rock!!!!
    4. Re:The Guy Made Mistakes All Along by drinkypoo · · Score: 2, Insightful

      Uh, if he had been paid, then there would be an argument that the content would belong to all of us, because it would be with taxpayer dollars. However, since he created the content, and it has his copyright notices on it, unless they can prove that they hold copyright on some or all of the data (good luck!) then he is in the legal right. It doesn't matter what the article says.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. Unfortunately, this guy was using EV1... by Anonymous Coward · · Score: 2, Funny

    ...for hosting and their rates have really skyrocketed since their purchase of SCO licenses.

  18. Obviously this is a civil issue by madMingusMax · · Score: 4, Insightful

    It does appear the webmaster is a scumbag, and probably had evil intentions from the getgo. However, the sheriff's office made an oral agreement, no written contract, with this person.

    The evil webmaster then said, after 3 years and however many hits later, I need some cash. Pay me a lot of money or I'll shut it off to cut my costs.

    Sheriff replies "Screw You!" and throws him in jail.

    This is a Civil Issue, not a bullshit criminal case.

    --
    Don't be a zoa (zealous overbearing ass), be happy!
  19. Re:Proof positive... by bryanp · · Score: 3, Insightful

    ... that you should NOT, in any circumstances, trust cops.

    Odd. I would say that it is proof positive that you should not, in any circumstances, commit a crime against an entire police department.

    --
    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Col. Jeff Cooper
  20. Why is the site even a .com? by lightspawn · · Score: 3, Insightful

    The article lists www.macombsheriff.com as the offending web site.

    Which begs the question: Why does it have a .com TLD? Was it a commercial web site? I'm sick of .gov and .mil sites using .com because it's k00l3r. These sites should use the proper TLD, and of course it should be impossible for a _person_ to own these domains.

    Of course, when I rule the world there will be different TLDs for individuals, companies, military, government, and nonprofits - and a commercial site would never be able to even claim an individual's web site is infringing (or whatever) since they will live in different namespaces.

    Ironically, the alleged extortionist's domain is justice4pat.com, seeming to suggest that this is a business venture for him.

    Or maybe he just decided not to use .org because he felt like supporting Verisign, what with all of their sitefinder-related legal fees.

    1. Re:Why is the site even a .com? by Papyrus · · Score: 2, Interesting

      The .gov domain was not, until fairly recently, available to non-US federal government agencies/entities.

      Back in the day, cities usually would have a site such as "http://www.cityname.statenameabbreviation.us". As such they would frequently be very cumbersome to tell citizens over the phone - the chances were very good that they (the citizen) would hear/write something incorrectly and then not be able to get to the site which would cause them to call back to try and get the URL again...and again...and again...

      Many cities (mine included) then decided to skip that and just get a .com domain so they could tell folks to just go to "city.com". Plus it was easier to fit on the bumper stickers we put on all our city vehicles.

      Had .gov been available at the time most cities might have preferred that to .com. However, for many cities that made the jump to .com that is the branding stuck in peoples minds now and it would be too much trouble/expense to change. My city was "clever" - they selected a site name in the form "citygov.com" (is it a government site or a commercial site - or both?)

      So...if you want to blame someone blame the feds

  21. Clearly more here than meets the eye... by Dr.+Zowie · · Score: 4, Insightful
    If you RTFA you will see that the web designer hit up the county for $300,000 for three years of serving the web page -- far, far more than the actual costs.

    The response of the Sheriff's Dept. is clearly overblown, but this guy was clearly not operating on the level.

    To be honest, I wouldn't want to do business with either party.

    1. Re:Clearly more here than meets the eye... by Grishnakh · · Score: 2, Insightful

      Yep, this guy was trying to con them, but not illegally as far as I can tell. They didn't have any kind of written contract that he would continue to provide free service ad infinitum, so when he started demanding money to continue to provide the service, it may seem like extortion but it's not. Without a contract, he's under no obligation to continue to provide free service. Sure, $300k is ridiculous, but if they don't like it, they're free to refuse the offer and get service somewhere else (with a contract this time).

      Basically, this sheriff's department has been shown to be gullible incompetent fools, and now it's gotten them in trouble, so they think they can strong-arm this guy into compliance by throwing trumped-up charges against him.

      The moral of the story? Nothing in life is truly free. It's just like the cocaine dealer giving you a free hit or two; you get hooked, but now he wants money for any more.

    2. Re:Clearly more here than meets the eye... by ArseneLupin · · Score: 2, Interesting
      but it's a reasonable salary for a talented web engineer

      This assumes that during these three years he worked only on that web site. Somehow I doubt that it was that much work to set it up and maintain, and that he did not have any other clients during that 3 year period.

      A couple of weeks for initial development (at most) followed by maybe 1 or 2 hours per week for maintenance during the rest of the 3 years is more reasonable. Come on, web site design (if done right) is not that work intensive.

      Not to mention that $8333/month is quite a nice salary for a web designer... Do you really earn that much in the states? Around here, even certified software engineers doing actual application development (C, java, ...) don't get those kinds of salaries!

      If we plug in those more realistic figures:

      • 1 month initial work
      • 1 day/month maintenance => 35 days = 7 weeks => less than 2 months
      ==> 3 month.

      Assume a salary of $4000/month, and 50% overhead => $18000.

      A far cry from the $300K he is charging.

  22. According to Alexa... by Superfreaker · · Score: 2, Interesting

    This site is ranked 4,978,900 in traffic.

    It never broke the top 100,000, so there is no way it had 3 million hits, unless each page contained 1 million invisible gif images.

    http://www.alexa.com/data/details/traffic_detail s? q=&url=macombsheriff.com

    1. Re:According to Alexa... by Anonymous Coward · · Score: 2, Informative

      While I agree that the number of hits sounds fairly unlikely, your "proof" is not much better.

      Alexa's statistics are generated/limited to the people who have that silly little Alexa toolbar installed on their system - and frankly, that is a very small segment of the population.

      As a staff person for a website ranked in the top 300 of the world (by Nielsen//NetRatings), I can say that I'd never give much weight to any statistics that are based on Amazon's Alexa service.

  23. An argument for offshoring by corporatemutantninja · · Score: 2, Interesting

    If an Indian firm had built the site, some podunk sheriff couldn't abuse his authority over a contract dispute. Offshoring: good for civil liberties.

    --
    Actually, I was trying to be Insightful, not Funny.
  24. Re:Yes, it is extortion by tessaiga · · Score: 4, Informative
    Taking something away from someone else and threatening not to return it until they give you money. It doesn't matter if they OWE you money anyway, that's extortion.
    Why is this +5 Informative? Stopping services when someone doesn't pay is perfectly legit. Try taking this approach with the utility company if you stop paying your electricity bill, and see how far you get. Same with internet, phone, and a variety of other services.

    The real issue is whether he's owed money or not. As someone pointed out, he's basically asking for over $8,000 per month hosting what should be a relatively small local site (I'd like to see how his hits were measured -- if those are unique visits, I'd be pretty surprised). The article seems to imply that he already had a verbal contract to provide the service for free in return for publicity (as suggested by the article). If that's the case, then he's essentially trying to change the terms of his agreement unilaterally while holding the site hostage, and that's what's getting him the extortion charge.

    --
    The bold print giveth, and the fine print taketh away ...
  25. Whack the new guy too by Doesn't_Comment_Code · · Score: 5, Funny

    Have you seen their website? http://www.macomb-sheriff.com/

    Their new web designer should probably go to jail too.

    --

    Slashdot Syndrome: the sudden, extreme urge to correct someone in order to validate one's self.
    1. Re:Whack the new guy too by WCityMike · · Score: 3, Funny

      Wise move. Post the URL to the new website, and let Slashdotting REALLY give them a lesson about bandwidth costs ... :-)

  26. 3.5 million hits per month... by Nick+Driver · · Score: 2, Interesting

    Well, that does sound a bit absurd, but I sure betcha the copy of the site in the Wayback machine will probably surpass that in this one single day thanks to ericspinder's helpful little url link in the parent :-)

  27. The Site in Question: by da3dAlus · · Score: 5, Funny

    "Welcome to the Springfield Police department web site."
    "Press YES if you have committed a crime, and wish to confess. Otherwise, press NO."
    [Click]
    "You have selected NO, which means you have committed a crime, but do not wish to confess."
    "A padywagon is now speeding to your location."
    "In the meantime, please look at our online store. You have the right to remain...Fabulous!"

    --

    Sometimes I doubt your commitment to Sparkle Motion.
  28. Re:Yes, it is extortion by EriDay · · Score: 4, Interesting

    No he didn't take anything away from the sheriff, the web site was his property. If the sheriff valued the web site, he should have had a contract that spelled out ownership. Since he hadn't given any money for the site, how can he claim ownership? It shows that the sheriff valued the site a $0.

    It's the sheriff who unjustly took property away.

  29. They got him dead to rights by jordandeamattson · · Score: 3, Troll

    The fact is that he did, based on my reading of the statue commit extoration.

    The lesson to be learned:

    1. Have a contract in place, don't do things on a handshake and a nod.

    A contract - and the exercise of building one - isn't just a legal play. A good contract is an agreement on what X will do for Y, and what Y will do in return for X. It is like an API definition.

    2. If you have a dispute, don't take it into your hands.

    He should have sat down with an attorney and have had them put together a letter of the following form:

    "Dear Sir,

    The service I have been providing to you per our oral agreement of December XX, XXXX and subsequentally afirmed in various conversations and by you use of the service, is currently costing me $XXX.XX a month to provide due to the traffic level of XXX,XXX visits per month.

    To date I have not received payment for this service. Given the current situation, I can no longer continue to provide this service beyond (today+30 days).

    If you aren't willing to pay for the service I am providing, will work with to transition to another service provider within these 30 days.

    Please note, any assistance in such a transition, doesn't indicate a release of my claims for services provided for XX months at a cost of $x,xxx a month.

    Yours,

    Joe WebMaster

    3. Didn't anyone every teach him "you don't spit into the wind, you don't tug on Superman's cape, and you don't anger the local Sheriff!"?

    1. Re:They got him dead to rights by ShinGouki · · Score: 2, Informative

      "3. Didn't anyone every teach him "you don't spit into the wind, you don't tug on Superman's cape, and you don't anger the local Sheriff!"?"

      bullshit. piss him off all you like, just don't break the law. i'm not having any of this walking on eggshells around police bullshit. quite a few of my friends are police officers and some of my family members are officers. police are 1) servants of the people and 2) bound to uphold the law.

      more simply put...if they fuck with you because they don't like you or you have made them angry without breaking the law, then THEY have broken the law and THEY get to go sit in a cell for a while and think things over. that's the whole godsdamn point of the legal system in our country. NOBODY is above the law...we ALL watch the watchers. to do it any other way would undermine what this country is about.

      that having been said, if you read the site (not the article) it appears he may not have tried to collect upon previous monies owed. it looks like he merely told them he would need payment for the future as he could not offset the costs out of his own pocket, using the $300k as an example of the kinds of costs he was talking about. the department refused to pay, thus he had to shut the site down. to which the department responded by arresting him, a gross misuse of the power and trust placed in their hands.

      this having all been said i conditionally hope for the following:
      1) if he really did ask for $300k in back payment, he needs some time in a small grey cell to think it over.

      or

      2) if he didn't, and merely asked for payment in the future to offset the costs of running the site. the sherrif and/or whomever made the decision to have him arrested, and possibly the officers who arrested him, should be dismissed and be brought up on charges of wrongful arrest and whatever else they can tack onto 'em.

      --
      -dk
      Dream with the feathers of angels stuffed beneath your head.
  30. This is an IP issue. by cmburns69 · · Score: 4, Insightful

    I haven't read a single comment that is at the heart of this issue. The reason the Sheriffs department considers it extortion, is because they claim they own the content.

    Demanding money to give a person something that he/she owns IS extortion. But does the Sheriffs department own the content, or does the hoster (since he was hosting it for free).

    It should probably have been a civil case first to resolve the IP. The owner of the IP would then have had firm legal ground for whatever action they wanted.

    But I don't agree with slapping him with a criminal suit right off the bat.

    --
    Online Starcraft RPG? At
    Dietary fiber is like asynchronous IO-- Non-blocking!
    1. Re:This is an IP issue. by laird · · Score: 2, Insightful

      It's somewhat amazing to me that over the months of negotiations that were supposedly going on the sherrif's department didn't make a mirror or backup of the site. That's pretty stupid, since it guaranteed that they'd have the worst possible negotiation position -- complete dependence on the the guy they're negotiating with. A few minutes with wget would have saved them a lot of pain.

      Also, if they make the formal request, they could almost certainly take control of the domain away from the ISP.

      Sounds to me like the sherrif's department set themselves up, were stupid about it, then panicked and decided to throw their weight around without knowing what their legitimate options are. If they weren't the sherrif's department, I think they'd be in serious legal trouble...

  31. yeah, but lets have some perspective here by Scudsucker · · Score: 2, Insightful

    The guy couldn't jail county officials or seize their property. This is a perfect example of why we need lawyers and huge damage awards, contrary to businesses and Republicans would have you believe.

    1. Re:yeah, but lets have some perspective here by Zoop · · Score: 2, Insightful

      Uh, businesses can't jail county officials or you.

      This is why we need severe limitations on the power of government despite what bureaucrats and Democrats and Republicans would have you believe.

  32. RTFA by manWorkSucks · · Score: 3, Interesting

    3.5 million hits per month, not year, is what he's reporting. Not that it justifies the $300,000 but the number you've got is off by more than an order of magnitude.

    --
    NERDS!!!!
  33. Re-read TFAs by Gr8Apes · · Score: 4, Informative

    The quotes you state are from the Justice 4 Pat campaign, an apparently biased source drumming up support for Pat.

    Personally, I'd trust a newspaper over blatant assertions by an activist site any day.

    --
    The cesspool just got a check and balance.
    1. Re:Re-read TFAs by awfwal · · Score: 2, Insightful

      Personally, I'd trust a newspaper over blatant assertions by an activist site any day.

      What exactly makes you think that they're any different?
      The guy is in jail. Don't think for a second that a local paper is going to give him a fair shake. The local reporters need police goodwill to get the scoops from local cops. What the police do is an awfuly big part of local news.

    2. Re:Re-read TFAs by Dastardly · · Score: 2, Interesting

      Personally, I'd trust a newspaper over blatant assertions by an activist site any day.

      And, the newpaper may have accurately quoted the sheriff and the charges brought by the sheriff. So, while I may trust the newpaper more, I don't trust the sheriff, or the activist site. And, regardless of whether the guy asked for $300,000 or not, it is perfectly within his right to stop providing a service that he is not contracted to provide.

      I think the sheriff department is going to get hammered on this one. He asked for money in order to maintain the website, regardless of the amount he is not obligated under any law to continue providing uncompensated services to anyone. The arrest could be considered an attempt to seize the defendants's property i.e. bandwidth costs to continue operating the website indefinitely. Which would be an unlawful seizure by the government. Let's say not only that, but he is expected to continue maintenance activities, i.e. adding new content. That would be indentured servitude. Which is again illegal.

      Best case for the sheriff, the defendant did ask for an ungodly amount to maintain the site. The sheriff knew that he was screwed because he didn't have a contract for the site from its inception, and either had to pay, or let the site be shutdown, and not have any rights to the material created by te defendant on the original site. Instead, he decided to bring criminal charges. That is the best case for the sheriff. Worst case for the sheriff, the defendant wanted the bandwidth costs to be paid, and asked for it. After not receving shutdown the site, and the sherrif arrested in an abuse of police power. In between the sheriff is still a vindictive bastard.

      IANAL

  34. Two Important Lessons by buzzoff · · Score: 4, Insightful
    - Don't offer things like this for free
    - If you do decide your work is worth something then don't jump from free to $300,000

    You shouldn't offer things for free if you really want to profit. All you'll do is make yourself miserable at best. If you're really stupid you might even lose touch with reality and demand $300,000. Did he really expect them to pay? Unbelievable...

    --
    "Never tell me the odds"
  35. How the USDA didn't pay me by bangular · · Score: 3, Informative

    I'm a programmer. My friend works in IT at a local USDA lab. One of the scientists there told my friend they needed to automate some of their "blasting". They needed to take DNA they found in plants and compare it to a bunch of national databases and depending on the results take it to other national databases, etc. etc (these national databases were all websites so it was A LOT of text processing). The final results needed to be put into an excel spreadsheet. I worked for a couple of months and had about 4 complete rewrites. It worked fine at my house, but it did not work at their labs.

    What happened was, they had many many computers being natted with one ip address. These websites would see one ip address flooding their servers and cut them off or give one of MANY random errors. It was almost impossible to reproduce anywhere else. I got almost no co-operation on their part to get more ip addresses for the boxes doing the dna blasting. All they would say is "It doesn't work right". That was the extent of my bug reporting. "It doesn't work right".

    It was basically impossible to get meetings with them and the project lasted about 5 months with only 5 meetings (each lasting less than a half hour). After not seeing one penny of payment and MANY thousands of lines of code later, I told them I'm not going to work on it anymore until I get some payment. That's about when I couldn't get a hold of them anymore.

    That was my first and last time working on code without a contract before hand. I did not recieve a single penny for my months of work. They acted like they were in it to help out a young programmer. The USDA was in it to help the USDA. About the end of it all they hired a "programmer". One of these people who had many degrees and could "program" in many languages, but couldn't write a simple program on the spot. From what I understand they tried to get him to write it because he was supposed to be this experienced programmer with many degrees. It made me feel good that after 6 months they still don't have anything from him.

    They were greedy. They taught me a lesson. Don't work for ANYONE, without a contract before hand. No matter how much they pretend they are looking out for your interests, THEY'RE NOT.

  36. Re:Techincally... by rednaxela · · Score: 2, Insightful

    IAAL. Oral contracts are just as enforceable as written ones. Of course, it's harder to establish what the terms of the contract were.

  37. Re:Proof positive... by Elwood+P+Dowd · · Score: 2, Interesting

    I still don't understand what crime he committed. He shut down his own website. He designed it, owned copyright, and hosted it. I don't see why he can't stop whenever the hell he wants.

    --

    There are no trails. There are no trees out here.
  38. No good deed goes unpunished... by Dave21212 · · Score: 3, Insightful


    To all of you posters claiming he should have had a contract, I say why... he offered to run the site for free, a site the HE OWNS and worked on. Was he supposed to contract with himself ? Or maybe a contract that states that he would work for free until such time as he didn't want to any longer ?

    I don't get it ? Is there really any legal reason he can't pull down HIS OWN website ? If he approaches the Sheriff and suggests that he need money for bandwidth or he's turning HIS WEBSITE off, how is that extorting ?

    All you William Hung fansites take note... don't take them down or else !

    An arrest, possible prison sentence, confiscation of equipment... if anyone doesn't see this as a small-town Sheriff abusing their position they are missing the point.
    It's not illegal to ask for money to support YOUR website...
    Wouldn't that make Slashdot guilty of extorting money by withholding stories from non-subscribers ?

    Nuts...

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  39. Only 16000 visitors by Stone316 · · Score: 2, Funny

    How many before being slashdotted? 10?

    --
    "Thanks to the remote control I have the attention span of a gerbil."
  40. Contract not much help by IanBevan · · Score: 2, Interesting

    My brother-in-law is an experienced contract lawyer. He has made the point to me that the key issue when working with somebody is that good faith must be present on both sides. Irrespective of what any contract says, if it gets nasty and either party starts "enforcing" that contract, the only people that win are the lawyers. I thought that was extremely interesting.

  41. Another issue... by TwistedGreen · · Score: 4, Interesting

    putting aside the blatant extortion, since when was "using a computer to commit a crime" a crime? Commiting a crime is bad in itself, but when you use a computer to do it, it's even worse? Does that make sense?

    1. Re:Another issue... by gnu-generation-one · · Score: 2

      "since when was "using a computer to commit a crime" a crime?"

      It was news about a year ago (maybe less) -- it's just an excuse to treble the punishment for no good reason. At the time, people noted that pretty much everything uses a computer (paying by visa, etc.), but others noted that the U.S.' main industry now is prisons, so they can only benefit from inventing stupid "crimes".

      The question that's going to bug you is, is it a crime if you use a computer to commit a crime, when that crime is of using a computer to commit a crime?

      Imagine the "$PREVIOUS_IDEA...using an internet" method of inventing things for a patent, then extend it to "$PREVIOUS_CRIME...using a computer"

      If that's not enough of a circular argument for you, then see the story about the girl being arrested for "resisting arrest"... nice one if you can get away with it?

  42. AUUUUUGH! by Anonymous Coward · · Score: 4, Funny

    IT BURNS IT BURNS!

    I was going to say it looks like a 10 year old designed it. But my 10 year old came in and said "Gee dad, that sure sucks.".

    I hope they get this guy before he defaces any other web site.

  43. Re:Sigh. by phoneyman · · Score: 2, Insightful

    What he did wasn't criminal. The proper venue for this disagreement is civil court.

    I really can't see how this can possibly be criminal extortion. Findlaw defines extortion as requiring the use of violence, damage to reputation, vandalism, or unfavourable government action.

    The proper owner of the website was the web designer. He said "Pay me, or I take it down", they didn't pay, he took it down. Since the website was his to take down or not, I don't see any element of extortion that can apply.

    ....at least not by the web designer. The Sherrif's dept. might not be so lucky.

    Pierre

  44. Abuse of Power by wonkavader · · Score: 2, Interesting

    One way or another, this is an interesting situation. Not because of what he was charging or the details of the setup to the action, but of the action itself.

    Essentially, we have a non-contract situation, and the provider decides to terminate the arrangement, and the ownership of the content and name are in dispute (who would win such a dispute, no matter how obvious the answer, not the point).

    For any private citizen, the only recourse would be litigation in civil courts.

    Since the customer was a police department, the matter is taken up as a criminal case. His property is seized (the customer took posession of the files in question), and he's jailed, finger-printed, and now has a criminal record of arrest.

    Does a senator get to fix his daughter's traffic tickets?

    Does a judge get to let his friends off?

    Does the dog catcher get to kill his enemy's uncollared dog as a stray, when he knows full well whose dog it is?

    The police engaged in kidnapping, battery (by placing cuffs on him), theft and libel.

    Not because it was the normal action, but because they COULD. He may be a scumbag, but he's not put in a position of trust by those he's elected (or hired) to protect. He doesn't take an oath of office as certainly the judge who authorized the warrant did, and I suspect the officers did, too.

    The wrong fellow's out on bail, here.

  45. Just do some research on this 'Sheriff'... by cnelzie · · Score: 3, Informative

    I know a bit myself, but have no interest in really sharing anything as my memory might not be perfect on all matters detailing some of the things this 'sheriff' has been involved in.

    Needless to say, I am certain that one could find something searching goole, The Detroit News or Detroit Free Press and other Michigan, Detroit Area publications.

    --
    If you ignore the other uses of a tool, does that make the tool less useful, or you less useful?
  46. No no no no no. by amarodeeps · · Score: 3, Insightful

    Wait, please RTFA. He OFFERED to run the site for free initially, I quote:

    Richard, a former reserve deputy in the sheriff's marine division, more than three years ago offered to provide the Web site at no cost to the county as an in-kind contribution. Hackel, who enthusiastically supported it, said Richard agreed to operate it in exchange for publicity for his company.

    Doesn't sound like he was getting screwed to me. Sounds like he pulled a turnaround when he asked the county for $300,000 all of a sudden.

    I've actually been in a situation when we've had to shut someone's site down because they wouldn't pay. It took us more than 6 months to do it though, because we were professional and considerate, and it wasn't even a big site, just one of our small clients. But we had to do it after a while because he was just totally ignoring our bills and communications. He did eventually pay a reduced sum that we agreed to through negotiations. We then surrendered his domain gladly. But my point is, we gave him a long time and we tried really hard to communicate with him before shutting him down. It was the most drastic thing I've EVER done to a client, and I still feel a little weird about it.

    This sounds different. Sounds like ye old bait and switch to me. And it doesn't really sound like they were out of communication--something I'm sure should have been worked out before the drastic step of shutting down their site happened. ESPECIALLY considering this guy offered to do it for free initially. You don't just shut down someone's site, especially not a high profile client like this. You just don't. There are other avenues way before that happens.

  47. Check your WHOIS by Dracolytch · · Score: 3, Interesting

    Of interesting note... The domain justice4pat.com (The 2nd link) has their DNS hosted by runningwolf.com servers... Runningwolf was the name of Pat's company. Hmmm....

    ~D

    --
    This sig has been enciphered with a one-time pad. It could say almost anything.
  48. Not the way to make an offer by LostCluster · · Score: 3, Insightful

    The way the website offer should have started the process was by sending them a registered letter informing the sheriff that he no longer could afford to offer the county his services for free, and that as of a certain date he intends on terminating the service unless another agreement can be made.

    He could then conclude the letter by informing them that he is willing to provide services to the county at less then his normal prices, and would be willing to consider a request for an extention of the deadline for a reasonable time if needed to ensure continuity.

    Extortion charges are a bit extreme, but if he's trying to show his power over the site to the sheriff, he shouldn't overreach. He managed to get the sheriff to overreach as well, and while the charges will likely be overruled by a court, that isn't a fun thing to have to go through.

  49. The Problem With Charity by second+class+skygod · · Score: 2, Insightful

    This case is a perfect illustration of the biggest problem with donating ones time or money; even when it appears to be a good cause. All too often, the recipient comes to rely on the gift and view it as an entitlement.

    - scsg

  50. uh, whatever! by Scudsucker · · Score: 5, Insightful

    They guy was frikkin arrested, his equipment impounded, and he's being threatened with 20 years in jail. For a dispute that should be settled in civil court. Is the guy snow white innocent in the whole affair? Probably not. Is the police department committing a huge abuse of authority? Hell yes!

    1. Re:uh, whatever! by Whyte · · Score: 2, Interesting

      > Does anyone believe that if this was any
      > organization besides the local Sheriff he
      > wanted cash from to keep hosting their site,
      > that the Sheriff's department would have
      > arrested him for extortion with the exact same
      > set of facts?
      >
      > I think that's called selective prosecution,
      > among other things....

      You are getting it all wrong. He had, what sounds like, a verbal contract to provide hosting for a local government agency without charge. After three years he decided that he didn't like the contract, so he demanded $300,000 in "expenses". When they refused to pay - FYI there is no way a local sheriff's department would be able to cough that up anyway - he took the site down and refused to give them the hosted data or the domain name back unless they paid him his $300k.

      He has data whose legal ownership will be decided by a court, but likely was contributed in bulk by the sheriff's office. He was essentually holding this data hostage unless the money was paid. And when he hindered investigators, they seized his servers.

      This doesn't seem so unreasonable me. This definitely isn't selective prosecution, this is what I would expect any law enforcement organization to do while investigating an extortion case with similarly existing criteria.

      This guy is a bone head, and as post #1 rightly said, he deserves what he gets for his actions.

      --
      -- No matter how great your triumphs or how tragic your defeats, approximately one billion Chinese couldn't care less.
  51. Parity for private citizens? by Jaywalk · · Score: 2, Interesting
    This is an abuse of authority by the police. If a private citizen came to the police with this story, would the police run out and charge the guy with multiple felonies? Or would they say it was a civil matter? Follow the links from the second site and see if any of the charges would stick.
    • Extortion. Threats of harm or injury to another person or his property? Just what is it he has supposedly threatend to harm?
    • Larceny by conversion. This assumes that you took something of value and used it for yourself rather than its original purposes. Just what is it that this guy supposedly took? And how is he using it for his own purposes?
    • Using a computer to commit a crime. This assumes a crime is committed. It's also a stupid law. Might as well make it illegal to use a stick to commit a crime. Committing the crime is a crime, no matter what you use to do it.
    • Obstruction of justice (bad link). This is based on the guy lying to the police about who owns the web site. Dumb thing to do, but "justice" doesn't figure prominently in this story in any case.
    If all they want is the site name, they don't even need the courts. You can't keep someone else's name without a valid reason. That's what all the cybersquatting cases were about. The Macomb Sherriff could simply argue to ICANN that Pat Richard doesn't have a valid claim to the name "macombsherriff.com" and they could get it back. (Technically, it should be "macombsherriff.gov" anyway.)
    --
    ===== Murphy's Law is recursive. =====
  52. Eyesore designers should be put in prison by teamhasnoi · · Score: 2, Insightful
    and be forced to surf AOL pages for 2 to 5. Hey Sherrif Mayberry! I hope you don't measure your department with the same yardstick as web designers, otherwise you're going to have every huckster, two-bit con artist, and shoplifter moving to your neck of the woods.

    Ugh. And in response to the old 'designer', the only way you'd be getting 3 million hits on some small town sherrif page is if you're posting 'The Strip Search of the Day" gallery. It just doesn't happen.

    This is just another in a long line of public battles of idiots, rife with overreaction and failures to communicate.

    Just like the internet and small town politics.

  53. There's something to be learned here... by GoMMiX · · Score: 2, Insightful

    Don't try to rip off cops, MORON!

    *laughs*

    What was this fool thinking. And then the save pat website tries to make it appear as though all he asked for was them to pay for the bandwith.

    There are definetally two extremely different sides to this story. Somehow, I sincerely doubt that the police are going to lie on a case they intentionally drew public attention to.

    Regardless, I'm most certainly not going to donate money to help this persons legal fund - I find the statements made there to be very misleading and untrue.

    The Sheriff's side seems to have quite a bit of supporting evidence. Most of which you can read on quotes in previous comments.

  54. Re:Techincally... by wonkavader · · Score: 2, Insightful

    An oral contract is enforcable, but this isn't a contract, since a contract must have payment or goods/services on both sides, and must have a term -- a start and end date. You can have a contract for eternity.

    If you argue that the police were essentially selling advertising space, perhaps there was reciprocation.

    But you can't find a term here. Hence, not a contract -- oral, written or otherwise.

  55. bias by starcraftsicko · · Score: 2, Insightful
    Personally, I'd trust a newspaper over blatant assertions by an activist site any day.
    What are you smoking? And where can I get some?

    To suggest that a newspaper, or for that matter any "press" source should be considered unbiased is is patently... foolish.

    I challenge you, or any other reader to name a truly unbiased source for this or for news in general! At best you'll find sources that listen to "both sides"... But remember, these media "balanced" news outlets choose who they will interview/cite to represent these sides. And that is BIAS my friends.

    CNN - Biased
    FOX - Biased
    ABC - Biased
    CBS - Biased
    NBC - Biased
    BBC - Biased
    Times (london) - biased
    NYTimes - Biased
    WSJ - Biased
    WashPost - Biased
    WashTimes - Biased
    SticksvilleDaily - Guess

    You may prefer a particular bias. But there IS bias.
    1. Re:bias by starcraftsicko · · Score: 2, Insightful
      He merely said that the newspaper's more likely to be less biased than a site openly supporting the guy.
      In my experience, being less biased is a bit like being less pregnant. You are or you aren't. Newspapers advocate when they choose what to report. They advocate when they choose how to report and which facts to present. The WSJ is biased as is the NYT... and Fox and CNN for that matter. Even if they are centrist (whatever that means to you) they are biased.

      At least the outlet supporting the guy is open about its intent.
    2. Re:bias by starcraftsicko · · Score: 2, Insightful
      Please note I never stated the newspaper is not biased. I did state that the activist site made blatant assertions. Newspapers usually, and generally, report facts, whether that reporting is biased or not, and leaves out some facts or not to swing reader opinion to one side or another.

      The newspaper stated that there was attempted extortion (verifiable by Richard being arrested on extortion charges) as an example. If he wasn't arrested for extortion, this would be libel, and the newspaper could actually get in relatively hot water for publishing such drivel. This still doesn't mean the reporting can't be biased.
      You imply, both in your original comment and in this followup that the newspaper is trustworthy because it reports facts. Since you do not make the same assertion about the othe site, I must assume that either you think it contains no facts, or more likely, that we should trust the newspaper BECAUSE it is a newspaper, REGARDLESS of its bias. (both may contain FACTS, so why else prefer the rag?)

      One more thing... in the US, newspapers are almost NEVER found guilty of Libel. Even if they managed to have NO facts in the story they posted, the paper has almost no chance of losing a Libel case. (Also, the other site is just as culpable for Libel, and just as unlikely to lose. FYI)

      In my more idealistic moments, I also would prefer to believe that a Sheriff wouldn't abuse his power. But even when these sureal moods hit me, I don't believe in unbiased, or even a fair, media coverage.

      ...sniff...
  56. Re:Proof positive... by Rick.C · · Score: 2, Insightful
    I would say that it is proof positive that too many laws are written in a way that allows far too much leeway for interpretation by the police.

    There are two sides to this story, of course, but let's presume that the defendant is innocent (since that's what we're supposed to do in the U.S.).

    One could counter that the accused will have his day in court and be able to sort it out before a judge. True, but the accused has lost his time, legal expenses and reputation, not to mention his computer gear which the police are not required to return.

    I've heard of a DA charging a robber with kidnapping because he forced the homeowner (at gunpoint) to walk to another room in the house. That action technically fit the wording of the kidnapping law. The robber was convicted of robbery, but the kidnapping charge was modded -1 Stupid.

    --
    You were 80% angel, 10% demon. The rest was hard to explain. - Over The Rhine
    "Math in a song is good."-Linford
  57. Entrapment by zuba_inverse · · Score: 2, Insightful

    Couldn't the above story be considered entrapment on the part of the police since they seem to have never intended to pay but still require the results that incurred costs on his part? Obviously he'd eventually cut off the service since they weren't paying him.

  58. Extortion or a broken contract? by nuggz · · Score: 2, Interesting

    Not supplying a free website isn't extortion. I

    Hosting something for 3 years, under an agreement that you would do so for free, then trying to charge for it retroactively is definately improper, and a violation of the existing contract.

    If he would have merely tried to charge from a set point in time, and perhaps for the content he had created it, he would be safe.
    Back charging in violation of the existing contract, this really isn't defensible, and he isn't entitled to that money.
    Removing a valuable public service, and withholding all information from that service, unless you receive money you aren't entitled to is just not a fair way to play.

  59. Fuck the Sherrifs by Cranx · · Score: 2, Insightful

    The man did it out of his own pocket and asked to be paid back. The Sherrif's weren't FORCED to become dependent on the web site; they CHOSE to use it and they CHOSE to allow Pat Richard to continue to pay out of his own pocket, despite repeated attempts to negotiate payment.

    It's Pat Richard's property, and if the Sherrif's office wants control of it, they need to compensate the man for the time and money he spent on it. The "priviledge" of developing a web site for a Sherrif's office such as one that would arrest a man after abusing his resources for so long must be quite an honor!

    Macomb County Sheriff's Office: FUCK YOU. Freeloading losers.

  60. The domain is registered to someone in Virginia by Animats · · Score: 4, Informative
    The domain is in fact registered to someone in Virginia. But note the phony phone number.
    • Registrant:

    • Fountainhead Media (MACOMBSHERIFF-DOM)
      19950 Denby
      Portsmouth, VA 23708
      US

      Domain Name: MACOMBSHERIFF.COM

      Administrative Contact, Technical Contact:
      Stanley, Michael (36687838P)
      fountainhead_463@hotmail.com
      Fountainhead Media
      19950 Denby
      Portsmouth, VA 23708
      US
      999-999-9999
    1. Re:The domain is registered to someone in Virginia by Lawbeefaroni · · Score: 4, Funny

      Ah, yes. fountainhead_463@hotmail.com. Nothing like a hotmail.com address to inspire confidence in your professionalism or legitimacy. Throw in "_463" at the end there is no doubt whatsoever.

      --
      "When it rains, it pours." --Morton's Salt
  61. Rants again. by stimpleton · · Score: 2, Funny

    Welp, I have read over the parent story, the 2 linked stories, and the replies on this site. While there is not enough to make a final judgement. With that said...
    Conclusion:
    1. Pat ran the risk of any business, investing time and money.
    2. He registered the name in his own name, as customers do not understand domains, UDAI, and why am I getting this bill from this odd company.
    3. Pat tried to get recompense for 2 years of work
    4. Pat is a poor business man who doesn't know contracts, TOS's etc.
    5. Pat is inexperianced.

    Also from this page, presumably, the average Slashdoter:
    1. Is a talented web designer. Not to mention developer.
    2. Is brilliant at business, draws up brilliant, watertight contracts for every job.
    3. Is paid $1.50 per hour. And wouldn't have it any other way.
    4. Believes crimes against soft entities(murdered, raped humans) is a darwinian consequence, whereas being a bad web designer, and business man deserves death( with preliminary torture session for resistering domain name in his name).
    5. Is relieved to see IT worker pay structure is somewhere around street sweeper, and lawyers, copyrighters, graphic designers, govt employees are sooo deserving of the high pay they get.

    --

    In post Patriot Act America, the library books scan you.
  62. One rule to live by... by Anita+Coney · · Score: 4, Insightful

    Never piss off people who can legally carry guns.

    Seriously though, let's look at the charges:

    Extortion: How could Pat Richard extort anyone by shutting off his own server? Imagine loaning your car to someone, then deciding you cannot afford paying the gas, the insurance, and the up-keep. You give him an ultimatum, either buy the car or I'll take it back. Under what system of justice could you be charged with extortion under that scenario?!

    Larceny by conversion: How could he convert his own property? Via this charge the Sheriff's Office is essentially admitting that the website was theirs, but on the other hand, they refuse to pay for it. They should not be able to have it both ways.

    Using a computer to commit a crime: Turning off your own server is a crime?!

    Obstruction of justice: See above.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  63. Actually, the current sheriff's dad was the rapist by jedibo29 · · Score: 2, Informative

    The article about the ex-sheriff rapist mentions a William Hackel.

    The webpage for the current sheriff at http://www.macomb-sheriff.com states that the sheriff is Mark A. Hackel.

    Doing a search for William Hackel brings up an article at http://www.freep.com/news/locmac/sher27_20000727.h tm, which states that Mark Hackel ran to be sheriff four years ago after his dad was removed from office and arrested for rape.

  64. FLASH: Slashdot posters trained to read articles by asr_man · · Score: 2, Insightful

    And another highly misleading headline.

    Is it just me or has the volume of posters who admit to not RTFA gone down lately? Perhaps the outrageous slant used to announce stories is having a salubrious effect...

    Welcome to Slantdot!

  65. What exactly is Slashdot? by gosand · · Score: 2, Informative
    This is why Slashdot is relatively good journalism, IMO. Even when the submitters and editors are clearly biased, it is only a few comments into the following discussion that things get balanced out. How often do we see on the big cable and broadcast networks retractions and alternatives being shown within minutes? Almost never.

    Well, that is true - but can you say that it gives Slashdot credibility? I guess it depends on what you define as Slashdot. I have noticed the phenomenon of which you speak more and more over the past year. It *almost* seems intentional at times. That would qualify as questionable journalism in my book, posting a misleading story just so your readers will hash out the details for you.

    Think of it this way - *without* the faithful Slashdot readers, how good would Slashdot's journalism be?

    --

    My beliefs do not require that you agree with them.

    1. Re:What exactly is Slashdot? by ArekRashan · · Score: 5, Insightful
      Wait a second. Slashdot is journalism?

      I've been reading ./ for years now, and I always thought that it was a BBS that was extremely popular because it linked to lots of news stories, which gave its members a constant stream of new topics to "discuss".

      Slashdot is what happens after journalism.

    2. Re:What exactly is Slashdot? by DarthTaco · · Score: 2, Insightful

      "and a large and vocal readership"

      Do you really think that is true? I don't know how many slashdotters there are, but if we base it roughly off of id numbers, it's over 500,000. Even the most hotly debated articles rarely get more than 1000 comments. I think that most slashdotters don't post and don't read the comments at all. I think it's the same subset of people that post comments for each article. Maybe not the whole subset, but from the same pool.

      I know a couple people where I work that read slashdot, but never click the read comments link.

  66. Not RTFA... RBTFA (b for BOTH) by gbulmash · · Score: 4, Informative
    I see people arguing he charged $300,000 for services rendered (sheriff's story) and people arguing he merely claimed it had cost him $300,000 over three years, and refused to go forward without payment.

    Regardless, with the domain name it's IP, a civil issue. It's parked, so the sheriff's office can do the WIPO cybersquatting claim, but, AFAIK and IANAL, it's not criminal.

    Who owns the content? If the sheriff's department does, holding the content hostage may be illegal. But then again, there was a private towing company that illegally towed my car from a private lot where I had a legal right to park, and would not return it. They violated two sections of the vehicle code in the illegal tow, then had additional violations (actually flaunting some of them) in the operation of their impound lot. What did the cops say? "This is a civil matter. Pay the impound fees and then sue them."

    The cops probably threw him in jail to try to intimidate him, which forced the DA's hand to prosecute, or perhaps it's collusion between the DA and the cops.

    The facts will come out at trial. Both sides will tell their stories, a judge and 12 people too dumb to get out of jury duty will decide who is telling the truth, and regardless of the outcome, a civil suit will follow.

    Welcome to America, where our courts, fine instruments of law, capable of incredible intricacy and precision in legal thought, are used to bludgeon people like a sledgehammer.

    - Greg

  67. I reserve judgement by StewedSquirrel · · Score: 4, Insightful

    He's an idiot for claiming that the website cost him $300k. That I will agree on.

    But... there were two links. One said he did NOT demand back-payment and just wanted forward-payment for his site. That is perfectly legal and if they refuse that, then he has the right to close it. It sux and is shitty business practice, but it's legal.

    If he DID demand back-payment for that rediculous amount of money, he deserves trouble. 50 years is excessive. Give him 3 months and keep his computers...

    Ever been in jail? Two nights feels like a month... trust me, he'll have plenty of time to think about it in a few months.

    I think everyone should spend a weekend wrongly imprisoned in jail... just for the perspective. I did it (not by choice) and many of my opinions about the justice system changed drastically.

    Stewey

    --
    There are 10 kinds of people in the world. Those who understand binary and those who don't.
  68. Where is the Flamebait MOD? by Anonymous Coward · · Score: 2, Funny

    Surely this is flamebait. He even admits to running counter to our 'view'.

    Burn him!

  69. Specifically: (Dum, da, Dum Dum!) Copyright! by Ungrounded+Lightning · · Score: 2, Interesting

    I haven't read a single comment that is at the heart of this issue. The reason the Sheriffs department considers it extortion, is because they claim they own the content.

    And the guy who did the website, on the other hand, has claimed that HE owns the content all along, because he WROTE it.

    It's not "work for hire" because there's no contract provision to that effect.

    And he put a copyright notice naming himself/his company on it from day one.

    A LOT of companies have been burned by this - hiring a company or developer to put together a website, then discovering (when they want to move elsewhere for better service or lower costs) that, like a photographer owning the negatives to your wedding pictures and the right to make copies, the website developer owns the copyright on the website - and thus only he can make changes without an additional contract.

    They might have provided the information. But HE wrote the HTML, scripts, etc.

    It will be interesting to see how this plays out in court.

    And whether any authorship or "content-provider" trade organizations will come to his aid, to prevent the establishment of a precedent that will weaken their hold on their own output. B-)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  70. goddamn by BoneFlower · · Score: 2, Insightful

    Unless the sherrifs department had a contract that said otherwise, he can change his mind at any time. His demands are unreasonable, but it was a server *he* was paying for, site maintenance *he* was doing.

    These charges are utter bullshit. So I do something for free for someone, I can't change my mind about continuing to do it for free?

  71. I have a BIG problem with this.... by Newer+Guy · · Score: 3, Insightful

    First off, let's dispense with the "he said, she said" content here. My divorce lawyer once said to me: "There are three sides to every divorce: your side, her side and the truth!"

    So, let's try to stick to the facts:

    Fact #1. This guy built and hosted the web site and paid for the domain name. Last time I looked, it cost money for bandwith, so some one was paying something. The Sheriff's Dept. admits it wasn't them paying, so it must have been him. Bandwith for 3.5 million hits costs what? $1000.00/month? $5000.00/month? I don't know the exact amount, but this still is a tidy sum of money.

    Next, someone paid for the computers to host this site, the rent for the place to house them, the electricity to run them, upgrading, maintenance, etc. Another fairly substantial cost.

    Next, someone had to build the web site. It's likely quite slick to win all these awards, and took someone quite a bit of time, not to mention the cost of the computer programs used to create it.

    Okay, no one disputes that the guy did all these things. Maybe in the beginning he DID offer to do them for free....

    BUT.....(and this is a big but....)

    A year ago, he went to the Sheriff's Dept. and told them he couldn't afford to do this for free any more. I'm sure that the bandwidth cost for millions of hits/month were getting pretty steep for him. I'm sure he had to provide mega large servers out of his pocket for hosting too. The Sheriff offered to help him by allowing him to sell ads on the site. It's fairly obvious that the Sheriff was getting MUCH MORE from this site then the guy was. I'm sure the site got much bigger then both of them ever expected it to... In any event, it's fairly obvious that the guy let the Sheriff know of his hardship at least a year before he actually pulled the plug. The Sheriff even admitted this when he allowed the guy the right to place ads on the site.

    The way I see this is that it was unreasonable for the Sheriff to expect unlimited web hosting in perpetuity, especially where the costs of providing such hosting had obviously increased dramatically over when the offer was first made (of course, I'm assuming the web site didn't have 3 million + hits a month the first day it opened). There IS an implied contract here actually. That contract was to provide web hosting and email for a small county's Police Dept, NOT a mega site visited 3+ million times a month by people from over 60 countries. The fact that this guy offered his benevolence (and his money!)for as long as he did (in a major economic downturn no less!) should not be cause to put him in jail for extortion. The Sheriff should have known that the gravy train would eventually come to an end, and actually HAD a year's notice that it was fast approaching the station! This sheriff should be fired for several reasons. The first is stupidity. A high school student should have been able to see that this site was costing much more to run then one man can provide for free. Worse, the guy TOLD HIM it was a year BEFORE he pulled the plug! Second, is due to police brutality. There was NO criminal activity here! At best, this should have gone to a CIVIL court. Finally, for theft. The Sheriff had NO RIGHT to confiscate that computer equipment. By doing that (and jailing the guy), he likely put the guy out of business permanently. What a reward, huh? It's like giving the Sheriff a gun for his birthday and then having him shoot you with it!

    With friends like that Sheriff, who needs enemies?

  72. Have any of you actually read the *facts* ? by DL-44 · · Score: 3, Informative

    Please Note: Pat Ricahrd never attempted to get the sheriff's office to pay him. He informed the sheriff that he could no longer afford to pay for it himself, and that the sheriff would need to come up with a way to finance the hosting/bandwidth. The sheriff refused, beleive that he could continue to have a top-notch high-bandwidth site for free. Have any of you ever had a top notch high traffic site that did not cost you anything? Of course not. Servers, bandwidth, and labor costs money. Pat Richard provided all three of those things for free for several years. He gave the sheriff 2 years to come up with a way to offset the costs of such a service. He gave him an estimate of the cost he had incurred in an effort to make the sheriff understand how costly such things were. When the sheriff refused to finance his own website, Pat was forced to discontinue his services. Period.

  73. Blink, did I see a lot of Big Government Lovers by lordmage · · Score: 2, Insightful

    After all that Slashdoters say and do about how bad people are getting railroaded over simple little technical mishaps.. we get so many believing that this guy should go to jail??

    IANAL, but I try to read Groklaw and so.. I think that if you are giving something away you can stop at any time. I run a mud at (www.mageslair.net cheap ad.. ) and if I wanted to I could stop it at anytime and those who are addicted (yep.. quite a few) could whine and complain but its MY mud and I only agreed to host it while I want to do so (going on 6 years).

    This guy was spending lots of money and his advertising was not making up the difference. Its obvious it was a high quality website. Reading the Article(s) I get the impression he came and asked for money to continue the operation and the Sheriffs departnment said NO. 300k may be the monetary cost, but he had the right to CHANGE the deal at any time he wanted since there was no written contract (at least none stated). No contract is forever in perpetuity, there is reasonable costs associated to it as well.

    So.. here is a guy who wants money to host a site and he may even ask for 1 million but he didnt.. and he is now in jail.

    The Sheriff office made the decision to put the website addy on the car and the horse and buggy and the office pig. Why should he be held liable or CRIMINAL for stopping a service he was providing for free. The Sheriff office would obviously just STOP providing advertising for his company.. which of course they pretty much did not do anyways... and let the matter drop.

    Police power gone rampant.

    Support your local Police Department, Teach them that "Computers are your friend"

    --
    I can program myself out of a Hello World Contest!!
  74. So let me get this straight... by lxs · · Score: 3, Funny

    On the one hand you have a Sherrif that locks up people if they look at him funny. On the other hand you have a scheming web-designer that tries to rip-off the Sherrif's department.

    Sounds like a movie remake of the Dukes of Hazzard to me. Well, after the Avengers, Charlies Angels and Starsky and Hutch what would you expect? Have the Duke boys solve the dispute, add car chases to taste and you have a working script.

  75. You think that's bad... by MolecularBear · · Score: 2, Funny

    Have you seen their website? http://www.macomb-sheriff.com/

    Their new web designer should probably go to jail too.


    Check this one out. It's a website for a local theatre - gaudy as hell with poorly presented content. I actually emailed them and complained about their poor design... didn't hear anything back though :) Still, I think that sheriff site has them beat. It's so bad you have to think it's intentional...

    --

    Magnatune: Quality (DRM-free) MP3/FLAC/
  76. what what what? by butane_bob2003 · · Score: 2, Insightful

    A few comments: What the hell would over 3 million people a month (worldwide?) care about the macomb sheriffs department? I suspect some heavy stats tampering here.. I can't see them getting more than 50-100 hits per day, if that. The current macomb county sheriff's site has recieved around 20k hits since January.

    I don't care how much bandwith or server space you think you have, you are ill advised to offer site hosting for free to anyone. If folks are really that cheap and need cost effective hosting they can pay $9 a month (see sig...). You won't have any trouble from them later on, and you probably won't end up in jail as a result. $9 is not a lot.

    --


    TallGreen CMS hosting
    1. Re:what what what? by reaper · · Score: 2, Interesting

      He didn't get 3 million visitors... he got 3.5 million hits. Each page has at least 1 hit, plus one more for each graphic, and embedded object like music, or flash animation. Most people will hit a few pages, so it adds up quickly. A good log analyzer can convert that to unique visitors with a very small margin of error.

      --
      - Dan
  77. Detroit Free Press article by cesimpson · · Score: 3, Insightful

    I think some of you relied solely on the poorly written and sheriff-friendly article at the Macomb Daily.

    Why don't you see what a real newspaper like the Detroit Free Press has to say about the situation?

    Mr. Richard did not ask for $300k. He only cclaimed that to be his previous investment. The only thing he asked for was help in the future.

    He gave 12 months formal notice, and more than two years of informal notice, that he needed help financing HIS site. The sheriff refused to help. The site went down. Simple.

    1. Re:Detroit Free Press article by ScrewMaster · · Score: 2, Insightful

      From the aforementioned Detroit Free Press article:

      Hackel said Richard asked for $300,000 to keep the Web site going. Simmons said that figure wasn't his client's asking price, but rather the amount of money the Sheriff's Department would have spent on the site had it paid Richard his usual going rate.

      Translation: both parties want to the other side to look bad. Who cares.

      Some sheriff's departments, including those in Oakland and St. Clair counties, have Web sites run through the county. Hackel said he didn't want the county to run his department's site to ensure it wouldn't cost taxpayers any money.

      Translation: Cheapass Sheriff wants award-winning Web site for free.

      The sheriff's old site, www.macombsheriff.com, was shut down this winter. The address had been printed on the department's vehicles, business cards and letterheads. Hackel said it will cost the county between $6,000 and $7,000 to change.

      Translation: Sherriff's department spent money advertising a Web site it probably didn't own and by its own admission did not pay for. Too bad. $300,000 may (or may not) be a reasonable number for the work Richard did for the department, but $6000-$7000 is certainly ridiculously low. They should figure they got off easy.

      Hackel and his staff scrambled to create a new site at www.macomb-sheriff.com, though he said it doesn't measure up to the old one. Hackel said he'd like to reclaim the old site's name and features but run it in house instead.

      Translation: Richard did one hell of a job on the site, but we didn't want to pay for it so we figured we'd just toss him in jail until he gives it back to us for free.

      And they charged Richard with extortion. Incredible. Boggles the mind, it does. The Sheriff wasn't kidding when he said the new site doesn't measure up to the old one. Amateurish at best.

      But seriously, I'm not a lawyer and I only know what little I've read about this case but ... when the police start resolving contract disputes this way, I think there is cause for concern.

      --
      The higher the technology, the sharper that two-edged sword.
  78. It comes down to this.. by SykeOpath · · Score: 4, Insightful

    In the end, there are really only two ways this can all go:

    1) If this person can prove that they had been trying to negotiate a payment plan with the Sherrif, and that these subsequent charges against him are because he then stopped supplying the service when no settlement could be reached, then he will have a great case; and will probably win more than he says it all cost him.

    2) He will go to jail, and has lost all of his computer equipment forever, and may even be restricted as to their use when all said and done.


    Personally, I find this all to be an over-abuse of police power.. at this point. IF it turns out that there was no 'demand' for money, only a 'request', then the extortion charge seems pretty steep. Most of the other charges are just being used as 'add-ons' to that main charge - this was what was used in the committing of that crime etc.. However, they ARE serious enough to adequately destroy someones life and livelihood.

    Was it reeally called for in this case? Why would they particularly need to seize his equipment and personal effects? Taking these things really do nothing to solve the 'case'.. if anything at all, maybe they would have wanted to server so they cold pull evidence of access logs etc from it, but beyond that, siezing all of his computer and electronic equipment associated with it, is just strong arm tactics.. I'm surprised more people aren't mentioning due process and reasonable search and siezure rules.

    Still, the press is not a good place for finding out the 'truth' about such things.. after all, if you where to believe the press, then the Macomb Sherriff's office has enough problems as it is anyway, what with the Old Sherriff Hackell who was brought up on charges for rape (I think it was), and now his son taking over.. who is the currect Sherriff probably involved in this.

    Basically, there's more to this than meets the eye, but I still feel there is something wrong when peoples property gets taken without there even being 'good reason'.

    But that's just me I guess.. and I'm a bit of a SykeOpath ;-)

    --
    Absence of evidence, is never evidence of absence..
  79. A more unbiased article by InkTank · · Score: 3, Informative

    At least this article get it right in that it states he was not asking for the $300,000 in payment, but just said that is how much it would have cost the county to have the site for those three years. He are the $300,000, but wanted the county to take over the future costs. Detroit Free Press Article Of course, the Sherrif says the money was a DEMAND. Well after a year or more of trying to come up with some sort of agrement and getting no response, he had to shut the site down. The article even points out what both sides agree on certain points: "Both sides agreed on a few points: that Richard started running the site for free a few years ago; that his site became so popular, the Sheriff's Department -- and the public -- came to rely on it. And that Richard decided the site was too costly to run for free any longer. " He got screwed. Period. No due process, no court orders, just a straight up jacking.

  80. Re:Yes, it is extortion by dasmegabyte · · Score: 2, Interesting

    Try taking this approach with the utility company if you stop paying your electricity bill, and see how far you get.

    You'd get pretty far in New York. In fact, some people got so far with it that it's actually ILLEGAL to cancel gas or electric service during the winter months. People need their heat to survive, and cutting them off just because they can't pay would be extortion (or so the train of thought goes).

    --
    Hey freaks: now you're ju
  81. It is extortion but not the illegal kind by Tweaker_Phreaker · · Score: 2, Interesting

    According to Dictionary.com extortion is:

    1. The act or an instance of extorting.
    2. Illegal use of one's official position or powers to obtain property, funds, or patronage.
    3. An excessive or exorbitant charge.
    4. Something extorted.

    $300,000 is definately an excessive charge for the bandwidth and even his work. My website gets around three million hits too but it only costs a whopping $6/month for hosting. That pretty much means he wanted $10,000/month for his work. Only the courts will be able to decide whether it was an illegal use of one's official position or powers to obtain property, funds, or patronage or if it's just plain capitalism.

  82. Obligitory answer to the posed question. Yes. by Tjp($)pjT · · Score: 2, Interesting

    Kod*k hired me to do some work (support dual ported disks across two independant computers and maintain filesyatem consistency). Payment was set contractually, net 10 days. After they were 10 weeks in arrears (and owed the last billing in a few days for a total of 12 shortly), with almost 14 weeks unpaid I did what any sensible contractor would do after nearly daily getting nowhere with the management and accounting to get the funds authorized to be released and a check cut. I told them the end of the week would be my last day of work until paid, then when not paid I called in to work and said when a check was ready I'd show up. I asked that in light of the nature of the arrears I'd resume work when all of the unpaid work was paid in full. My boss tried a power game where all the appropriate checks where cut but he held back the last one having his secretary tell me I'd have to resume work to collect that last check. I said I'd resume work when all the outstanding work was paid for. Kod*k still owes me $3500 plus around 20 years interest. Rather than burn the bridges with all of Kodak since I did work for other divisions, I just refused contracts with that division or any other division that that manager worked for. In an interesting and twisted justification for keeping the funds when I delclined to return to work until they'd pay me, they sent me a letter saying that they were deducting the cost of training my replacement to rewrite a driver I had done for them (which is really funny since I took a stock Digital RSX-11M Plus driver and changed the drive designation letters to RO: so that the batch scripts could easily be read and have one know that was the Read Only port for the drive by convention). The really fun part was they said it was poorly written and lacked documentation! This after a full functional specification as well as a design document for all the parts of the system. Somewhat of a rarity back then.

    So even contracts don't always keep things straight. Sometimes you can't afford to get too many folks at a longterm customer riled too much.

    --
    - Tjp

    I am in wallow with my inner money grubbing capitalistic pig. ... Oink!

    1. Re:Obligitory answer to the posed question. Yes. by ScrewMaster · · Score: 2, Interesting

      Well, my firm belief is that you don't let any client get that far in arrears. In twenty years of contracting I've had very few problems in that regard, but that's mostly because I'm an absolute hard-case when it comes to money. I do my part, they do theirs. If they don't ... well. Clients learn that very quickly, and since they usually like my work they pay me on time and in full. I point out that I'm a small businessman, and if you aren't going to pay my bills I'll find someone that will. I've found that in recent years many very large corporations have come to depend more and more on contract labor (given that they've often FIRED most of their regular workforces!) and have further realized that Net 90 terms don't cut it for independents. Consequently, many have fast-pay plans for small vendors like myself. You have to ask though.

      --
      The higher the technology, the sharper that two-edged sword.
  83. 300,000 - so what? by Poligraf · · Score: 4, Interesting

    Have /. crowd heard about art of negotiation?

    Just look at lawyers - sue someone for a 100 million and then settle for 100 thousand.

    Him asking 300,000 is nothing more than starting point. What sucks big time is the sheriff refusing to come up with a reasonable agreement at all.

    --
    Tigers respect lions, elephants and hippos. Maggots respect no one. (C) S. Dovlatov
  84. Read Beyond TFA by Anonymous Coward · · Score: 2, Interesting

    I'm not very impressed by most of the responses. I got kind of a queasy feeling reading the articles and checked out the justice4pat.com site where I was surprised to find he linked to several articles that painted his side negatively. They were in fact the top links. Looking at the lower links I got different information. It sounds like when he offered to set up the site they said we'll work out payment for the maintenance of the site later. They never did work it out later because the sheriff refused to discuss it. More than a year ago he let the sheriff's dept. know he could not afford the ongoing costs and he'd have to take down the site if something wasn't arranged. The $300k figure was what he estimated he'd have charged a paying client for everything. That means his time for maintenance and upkeep, designing the site in the first place, and hosting costs, and whatever other costs may have been involved. (BTW http://web.archive.org/web/20020929171339/http://w ww.macombsheriff.com/ gives a much better idea of the site than the previously posted links.) My understanding is he wasn't asking for $300k, he was asking they take over the costs going forward.
    Apparently he's been in a similar situation before. In this discussion thread http://development.gurusnetwork.com/discussion/thr ead/2452/ someone (Nevel) indicates he (Pugzly a.k.a. Richards) helped create that very site and hosted it as well. Then when the cost got too much, because the site grew, they worked it out and are still friends. They're even trying to help with his current situation. Having read all that I'm much more inclined to believe his side than the sheriff dept. press releases in the newspaper articles.

  85. Re:Article Text by QuickSilver_999 · · Score: 2

    I'm not sure I would rely on this listing either. It does not give any detail on when exactly he changed the registration. Another question would be why would a VA company buy that domain name? Except for extortion purposes.

    But, for all we know, he did the change request the day the article was first published, or even slightly before. Not saying he did it that way, but relying on this record to "prove" he didn't lie is a joke.

    --
    - No matter how subtle the wizard, a knife between the shoulder blades really cramps his style.
  86. Re:Question on Extortion and IP by ScrewMaster · · Score: 2, Insightful

    It sounds like this dimbulb is just trying to get free work from you. Too bad ... if they need you that badly they should have worked harder to keep you. I'm sure you were just trying to be helpful, but I would never have admitted knowing that password or any others.

    But this isn't the right forum for such questions. Slashdotters will be happy to give you plenty of advice, but I'd take it with large grains of salt. If some idiot in a suit is making threats, go talk to a good lawyer, answer his questions honestly, and then have him send them an attitude adjustment via certified mail, return receipt requested. In any event, before this pointy-haired-CEO does something stupid, like actually suing you, get some good advice from a good attorney. In this country at least, nobody knows their rights unless they talk to a lawyer first.

    --
    The higher the technology, the sharper that two-edged sword.
  87. Civil Matter; Criminal Stupidity by finitimi · · Score: 2, Interesting

    I will preface this by saying that I manage a municipality's web presence, and have delegated management of the police department site to a dedicated and competent citizen volunteer, although I still retain control over and bear responsibility for his actions. Likewise, everything I do is subject to oversight and control by several layers of bureaucracy, ultimately ending with the voters. It's a good system.

    Both parties in this dispute have grievances which could be legitimate; that will be up to a civil court to decide. I really doubt a criminal case will result from this dispute.

    One only needs to glance at the new site and archived copies of the old site to realize both parties are quite clueless about what's involved in web publishing. Pox on them both for their stupidity, I say.

    The original article says that the web guy was "a former reserve deputy in the sheriff's marine division." That raises a red flag to me, and perhaps it should have with the sheriff's department. I'm always suspicious of the motives of these "wannabe cop" type people. I wonder if a background check was ever done on him before he was given these "reserve deputy" duties.

  88. Re:set of agendas by nartz · · Score: 2, Insightful

    Its called 'Pleonasm,' - using more words than are required to express an idea usually redundant, ie "at this moment in time"

  89. BALONEY by instarx · · Score: 2, Insightful

    Baloney. The site belonged to Richard, he paid for it, and he had provided it free to the sheriff for three years. It even said on the site that it was owned by Richard's company, NOT the sheriff's department. Richard is perfectly free to do whatever he wants with it. He can ask anything he wants for the site (even a ridiculous $100,000/year) and the sheriff can either pay it or not. If he decided to charge for the site after three years in violation of a verbal agreement it is a civil matter, not a criminal matter. The OJ Simpson comment by the prosecuter is absurd - he is clearly incompetent if he believes there is a correlation.

    Just because the sheriff was stupid enough to rely on a free site that he did not own does not mean that the developer (Richard) was a criminal. This seems to be an abuse of police power to me. It is clearly a civil case and not a criminal case. If a business in town went to the sheriff's office with a similar claim of extortion they would tell him to sue the guy and then show him the door. Just because the Macomb sheriff has arrest powers doesn not mean he should abuse them.

  90. $300k ain't so bad. by jesset77 · · Score: 2, Interesting

    One point I'd like to clarify here is that before everyone goes into sticker-shock over $300k, understand that we're talking about more than bandwidth and hardware expenses. According to what I can see on the wayback machine, the website had a large amount of content. It was not a dubiously popular online business card and photo album. There were updated articles and stories every day. So, how did that content get organized into a website? Did Richard just turn on cheap hosting while the sherrifs demonstrated their web design and organizational skizzles? Maybe that's what they're trying now (from the looks of it) but at the time I would wager that Running Wolf bore the burden of translating police blotter feeds and random user requests into a website that was effectively a news portal.

    Also, I don't think the PD imprisoned Richards, impounded his equipment, and charged him with 4 felonies so rapidly over a simple bruised ego. If the website was so important to their infrastructure, prosecuting Richard into the stone age won't bring it back. The important thing I see them doing is confiscating the equipment. Outside of spite, that would serve them no purpose unless there was data on the equipment they hoped to recover (apparently as quickly as possible). This implies that they were relying solely on Richard's free website to house all of their data, and they needed it back just to take care of business. So, if it was their data, shouldn't they have had backups? No seriously, I mean hard copies so you can get your job done during a power failure.. They obviously relied on the workings of the website desperately.

    So, here's the rub. You just don't imprison people over shutting down a volunteer website. The PD can't claim to have any investment in the venture, since they never invested a wooden nickel. The PD may have volunteered their content, but Richards was vested with no responsibility of guarding that content with his freedom as a citizen. We could easily replace Richards in this story with Geocities. Sherrifs find nifty WSYWIG content manager and start a free website on geocities. Sherrifs post their nifty web address on cop cars and trust all of their content to this website. Geocities shuts off their account automatically for any odd reason, and all hell breaks loose.

    The only other thing Richard had that the PD could chafe over needing was the domain name. but it's only a name. It only has value because of the promotion and acceptence of the website itself. Again, they could have just as easily came to rely on Geocities web and email addresses, printing them on police cars and letterhead. That wouldn't entitle them to any kind of squatting rights over the geocities.com domain, or to have geocities officials arrested on nutty criminal charges.

    The truth is that the Police Department was simply freeloading the whole time. When the dust settles they aren't out a shiny penny, just all of their convenient functionality and a contact address or two. Richards is out 3 years of work, all expenses involved whatsoever (whether $300k or what) and a very real possibility of 20 years in prison with even more fines. The PD are the scam artists, not the web design firm.

    The way I see it, they essentially sweet talked their way into free room and board at someone's house, and eventually raised hell over all the heartache involved at being kicked out. "But all my letterhead has this address. But all my belongings are here and I refuse to take them anywhere else. Maybe I forgot to get my name on the lease at any point, put people come here to see me not you, so it's my house. I'll now arrest you for not handing over the keys and leaving while you had the chance." It reminds me of that movie "Pacific Heights" with Micheal Keaton.

    --
    People willing to trade their freedom of expression for temporary entertainment deserve neither and will lose both.
  91. I've been stiffed by clients before... by vudufixit · · Score: 2, Insightful

    Incident #1: An aqcuaintance tells me the law firm she works for needs some computer help. I tell her my fee is x per hour, with reimbursement for one hour's travel and parking. She asks if that's OK, and they agree (verbally) I show up on time, and work steadily and quickly throughout the day - always at the request of an attorney - in other words, none of the work I did was of my own initiative. I tried to leave at three o'clock, but the attorneys kept "tugging at my sleeve" and asking me to do one last thing, so I left at 5:00. I send them a bill for everything, and hear nothing back. I call about six weeks later, and they send only 60% payment. When I ask why they said, "they've never gotten such a big bill for computer work before." But she leaves me with the impression that maybe they'll pay the rest down the road. I call this woman occasionally to collect the rest - she always sheepishly apologizes, says I'll get paid. I finally have to write a severe letter, return receipt required to get someone to call me back. One of the senior partners calls me, reiterating that same stupid argument. I tried to tell him that all of the work was driven by their requests, that I tried to leave but couldn't and that I charge less than most consultants do. All of this fell on deaf ears. He was willing to pay some of the remainder, so I took what he offered. I thought I learned how to handle this. I decided that whenever I did a job and didn't get paid right away, I'd have a person with financial authority sign off on a pro forma invoice. Incident #2 - I'm called to fix a computer in NYC that can't send Outlook emails. I get there, and play with the settings for a few minutes. I suspect a corrupted .pst file, so I use the Inbox Repair tool - it takes over an hour to run, and doesn't work. The person using the PC had to use it a couple of times and kick me off, so that burned up some time. Then, I hit upon the idea of making a new .pst file, but I didn't want to make any changes until I made a "safety copy" of the drive. Ghost took an usually long time, over an hour to copy the drive. Setting up the new file only took about 20 mins, including copying emails to the new one. I create a pro forma invoice and have the office manager sign off. I kept the original. He was surprised at the high amount (Charged for three hours' work and only .5 hrs travel), but signed anyway. So I sent an invoice as a PDF to their HQ. I also sent a copy of the signed pro forma. *It still wasn't enough!* They told me they'd only pay part of the bill because they claimed I took too long to do the job! I told them why it did, and reminded them that someone who was financially responsible signed off, but those counter arguments failed! We finally settled on a reduced bill. I'm not even sure of how I can protect myself from this kind of crap in the future. I guess even having an office manager approve a pro forma isn't good enough. The only thing I can think of is to do a pro forma with everything in writing and have someone who's *really* responsible for check disbursement approve it.