While not the exact thing you're saying is possible, something along those lines could be possible. This seems like a malicious prosecution. Since IAAL, I would unofficially say without having read up on my Michigan case law, I think at least a strong admonishment is in order, and I would double check the statute on malicious prosecution in Michigan... oh wait here it is:
"600.2907 Malicious prosecution or action; civil liability, penalty. Sec. 2907.
Every person who shall, for vexation and trouble or maliciously, cause or procure any other to be arrested, attached, or in any way proceeded against, by any process or civil or criminal action, or in any other manner prescribed by law, to answer to the suit or prosecution of any person, without the consent of such person, or where there is no such person known, shall be liable to the person so arrested, attached or proceeded against, in treble the amount of the damages and expenses which, by any verdict, shall be found to have been sustained and incurred by him; and shall be liable to the person in whose name such arrest or proceeding was had in the sum of $200.00 damages, and shall be deemed guilty of a misdemeanor, punishable on conviction by imprisonment in the county jail for a term not exceeding 6 months."
So, looks like a misdemeanor. There could be professional responsibility sanctions separately brought through the Michigan Bar.
My other cent.
No reasonable attorney under the circumstances would interpret the law as this prosecutor has interpreted it. If I were representing him, I would move to dismiss w/ prejudice ASAP, as it is clearly not a valid charge, or move to have the charging document clarified as to how the action is a violation of the law. This is called several things in several states. But if your information or indictment fails to clearly state a claim, it needs to be clarified or dismissed. If those don't work, move to dismiss based on the fact that the statute is unconstitutionally vague, overly broad, etc. That usually isn't a winner because you can use the reasonable person standard, but it really sounds like it is completely vague in this case.
This is one of the few times if I were a judge I would dismiss the case at arraignment or first appearance(bond hearing). That almost never happens, ever. The fact that this man hat to pay any bond is also a mystery to me. Is he honestly a flight risk?
I feel like some comments are missing the point. I think Khan Academy works best in conjunction with some kind of normal curriculum. Repetitio Est Mater Studiorum as the saying goes. Khan Academy provides a way to hear the same thing in a voice different from one's instructor. It also solves the general problem of losing concentration during a lecture, and not being able to adequately replay the concept in a derivative way as opposed to the way many textbooks explain concepts that build on other concepts. While it can also be the basis for independent learning, there is something to be said for having a source textbook of problems with an index for easy look-up. Perhaps this is an opportunity for textbook marketers to link up with Khan Academy as well as a way to develop their teacher's manuals for lesson planning, or maybe one of the many open/free science textbooks out there to really make a positive push in these budget limited times. The bittorrent angle just gives an official torrent distribution methodology that does not depend or get limited by YouTube, and therefore really allows for penetration to areas that may not have reliable internet, but want some high quality instructional videos (read poor areas with spotty internet and low budgets) Quick Bias Disclaimer: The site has been invaluable to me as I have recently decided to take a bunch of pre-med classes and take the MCAT. I am an attorney with BS in CompSci, but I had not taken any science courses in 6 years. It helps to reacquaint yourself with old mathematical friends you haven't had to use in a while, and it is easy to cherry pick cross product and dot product videos, or review how to use matrices to solve multi-variable problems without a calculator.
If the allegations are true, this is the type of "self-help," to use the legalese term, that is not just frowned upon, but as a rule is illegal conduct. If we live nations of laws we cannot condone law breaking when there are legal means to solve the problem. This is no different than sending someone to rough up or forcibly remove a tenant from an apartment rather than filing for eviction. Just as there are legal consequences for such actions in landlord-tenant law, there are consequences for trying to do this in copyright law as well. This is the type of behaviour that can pierce the corporate veil as well and if any damage is done, could cause personal liability for those that implement or knowingly do nothing to stop such a practice. So, if this is what they want to do I say let them do it enough that they are caught red handed, and then hope that the damages are consequential enough to go after executives personal pocket books.
They really need to hit these pay-wall for public information businesses hard. I am tired of paying Thompson-West $250/Month for access to cases that my own tax dollars paid for. If they can monetize the process with advertising, the government can get a cut, and the whole process could end up actually saving tax payers money. Maybe the PTO can hire a few more people.
Seems like the easiest way to avoid that charge is batteries for your extra power generation. In the long run it would be the same as the power company paying you. If they don't want your power, which this fee seems to suggest, don't give it to them.
At the risk of sounding out of place. I listened to this on the drive to Bar Review Class today and the point was that the damage we have done is relatively irreversible, but we can stop the magnitude of the result by limiting green house gas emissions in the present. That is not particularly outlandish, but it is also slightly disheartening to see that we have passed a threshold of no immediate return. That is the reaction is moving in a reaction to restore equilibrium. I think we need to not discount technological possibilities of the future, however, curbing carbon emissions is a laudable goal for the present.
No I just always learned that Perl (if it makes you all feel better) stood for Pathologically Eclectic Rubbish Lister... I was obviously wrong. Since it was chosen at random.
I think this hackneyed PERL is dead rhetoric is finally starting to annoy me. Is the current development direction moving away from PERL as a language for web development? Absolutely. I find myself using PERL for basic tasks I don't feel like writing code for in say C# or Java because it is annoying to do so and I can do it in a few lines in PERL. So the purpose of the language has changed dramatically and at the same time not at all, since that usage is pretty much at the heart of PERL's origins. I say then that projects funded should help ensure that this remains the case. So perhaps more database interfaces for DBI. Perhaps a quick search through CPAN for things that have not been updated in a year or so. It might be easy and worth say $3,000 dollars or so to do. Minimal work minor update stuff because Perl6 stuff has moved much of the development for Perl5 into maintenance mode.
Usually, and I haven't sold phones for two years, you can forgo a credit check with a $1000.00 Dollar Deposit ( you can refuse to give your social security number and get the same result).
Slashdot Mirror
While not the exact thing you're saying is possible, something along those lines could be possible. This seems like a malicious prosecution. Since IAAL, I would unofficially say without having read up on my Michigan case law, I think at least a strong admonishment is in order, and I would double check the statute on malicious prosecution in Michigan... oh wait here it is:
"600.2907 Malicious prosecution or action; civil liability, penalty. Sec. 2907. Every person who shall, for vexation and trouble or maliciously, cause or procure any other to be arrested, attached, or in any way proceeded against, by any process or civil or criminal action, or in any other manner prescribed by law, to answer to the suit or prosecution of any person, without the consent of such person, or where there is no such person known, shall be liable to the person so arrested, attached or proceeded against, in treble the amount of the damages and expenses which, by any verdict, shall be found to have been sustained and incurred by him; and shall be liable to the person in whose name such arrest or proceeding was had in the sum of $200.00 damages, and shall be deemed guilty of a misdemeanor, punishable on conviction by imprisonment in the county jail for a term not exceeding 6 months."
So, looks like a misdemeanor. There could be professional responsibility sanctions separately brought through the Michigan Bar.
My other cent. No reasonable attorney under the circumstances would interpret the law as this prosecutor has interpreted it. If I were representing him, I would move to dismiss w/ prejudice ASAP, as it is clearly not a valid charge, or move to have the charging document clarified as to how the action is a violation of the law. This is called several things in several states. But if your information or indictment fails to clearly state a claim, it needs to be clarified or dismissed. If those don't work, move to dismiss based on the fact that the statute is unconstitutionally vague, overly broad, etc. That usually isn't a winner because you can use the reasonable person standard, but it really sounds like it is completely vague in this case.
This is one of the few times if I were a judge I would dismiss the case at arraignment or first appearance(bond hearing). That almost never happens, ever. The fact that this man hat to pay any bond is also a mystery to me. Is he honestly a flight risk?
I feel like some comments are missing the point. I think Khan Academy works best in conjunction with some kind of normal curriculum. Repetitio Est Mater Studiorum as the saying goes. Khan Academy provides a way to hear the same thing in a voice different from one's instructor. It also solves the general problem of losing concentration during a lecture, and not being able to adequately replay the concept in a derivative way as opposed to the way many textbooks explain concepts that build on other concepts.
While it can also be the basis for independent learning, there is something to be said for having a source textbook of problems with an index for easy look-up. Perhaps this is an opportunity for textbook marketers to link up with Khan Academy as well as a way to develop their teacher's manuals for lesson planning, or maybe one of the many open/free science textbooks out there to really make a positive push in these budget limited times. The bittorrent angle just gives an official torrent distribution methodology that does not depend or get limited by YouTube, and therefore really allows for penetration to areas that may not have reliable internet, but want some high quality instructional videos (read poor areas with spotty internet and low budgets)
Quick Bias Disclaimer: The site has been invaluable to me as I have recently decided to take a bunch of pre-med classes and take the MCAT. I am an attorney with BS in CompSci, but I had not taken any science courses in 6 years. It helps to reacquaint yourself with old mathematical friends you haven't had to use in a while, and it is easy to cherry pick cross product and dot product videos, or review how to use matrices to solve multi-variable problems without a calculator.
If the allegations are true, this is the type of "self-help," to use the legalese term, that is not just frowned upon, but as a rule is illegal conduct. If we live nations of laws we cannot condone law breaking when there are legal means to solve the problem. This is no different than sending someone to rough up or forcibly remove a tenant from an apartment rather than filing for eviction. Just as there are legal consequences for such actions in landlord-tenant law, there are consequences for trying to do this in copyright law as well. This is the type of behaviour that can pierce the corporate veil as well and if any damage is done, could cause personal liability for those that implement or knowingly do nothing to stop such a practice. So, if this is what they want to do I say let them do it enough that they are caught red handed, and then hope that the damages are consequential enough to go after executives personal pocket books.
They really need to hit these pay-wall for public information businesses hard. I am tired of paying Thompson-West $250/Month for access to cases that my own tax dollars paid for. If they can monetize the process with advertising, the government can get a cut, and the whole process could end up actually saving tax payers money. Maybe the PTO can hire a few more people.
I think what we need to watch out for is Australians:
http://www.youtube.com/watch?v=i-EN8dpAvBw
Seems like the easiest way to avoid that charge is batteries for your extra power generation. In the long run it would be the same as the power company paying you. If they don't want your power, which this fee seems to suggest, don't give it to them.
At the risk of sounding out of place. I listened to this on the drive to Bar Review Class today and the point was that the damage we have done is relatively irreversible, but we can stop the magnitude of the result by limiting green house gas emissions in the present. That is not particularly outlandish, but it is also slightly disheartening to see that we have passed a threshold of no immediate return. That is the reaction is moving in a reaction to restore equilibrium.
I think we need to not discount technological possibilities of the future, however, curbing carbon emissions is a laudable goal for the present.
I have to second this. Why use the internet when OTA is a better solution here? Just because you can stream it does not mean you should.
This law is unconstitutional, unless it is extremely narrowly tailored.
No I just always learned that Perl (if it makes you all feel better) stood for Pathologically Eclectic Rubbish Lister...
I was obviously wrong. Since it was chosen at random.
I think this hackneyed PERL is dead rhetoric is finally starting to annoy me. Is the current development direction moving away from PERL as a language for web development? Absolutely. I find myself using PERL for basic tasks I don't feel like writing code for in say C# or Java because it is annoying to do so and I can do it in a few lines in PERL. So the purpose of the language has changed dramatically and at the same time not at all, since that usage is pretty much at the heart of PERL's origins.
I say then that projects funded should help ensure that this remains the case. So perhaps more database interfaces for DBI. Perhaps a quick search through CPAN for things that have not been updated in a year or so. It might be easy and worth say $3,000 dollars or so to do. Minimal work minor update stuff because Perl6 stuff has moved much of the development for Perl5 into maintenance mode.
Usually, and I haven't sold phones for two years, you can forgo a credit check with a $1000.00 Dollar Deposit ( you can refuse to give your social security number and get the same result).