Remember these?

They were right.

By InsightAnalytical-GRL

Since I seem to be always thinking about the demise of the dollar and the march of power and wealth to the East (China, in particular, with India and other S. E. Asian countries joining in the fun), this flyer really reminded me of what’s going on a lot closer to home.

We’ve discussed in the past the “North American Union” scenario and things like that “super highway” plan and the new Mexican seaport which will probably hurt West Coast ports.  Drug cartels are now talked about all the time.

But the ad I received yesterday really was so “in your face” that I couldn’t resist sharing it with you.

AT & T is one of those companies that is billed as a safe-haven investment during this rough economic time, offering some growth and dividends to help increase a retiree’s income.  It’s American as apple pie…but, like most multinational corporations, it’s “reaching out to touch someone” somewhere else bigtime.

Living about 50 miles from the Mexican border, I have to say that I enjoy the food (eat salsa every day, tortillas constantly, and do green chile) and the many lovely Mexican immigrants and long-time citizens  that I’ve met over the last decade. We’ve got about 5 Spanish television stations and the radio is full of Mexican music from here and directly from Mexico, which is really fun to listen to (sort of like polkas in Spanish!). I know lot of folks who cross the ordeer for affordable dental care and I’ve visited a Mexican pharmacy myself. The culture is wonderful and the people are warm and friendly, but, of course, the poor from the other side of the border want to come here.  I’ve met women who’ve left their families to come here in the hopes of being able to send money home and also to escape extreme poverty and danger.

Even the local Walmart features  several services to send money to Mexico.

This is the way it is, a fact of life in these parts. There’s nothing inherently wrong with having lots of cross-border activity…heck, if we were in Europe it would be exactly the same thing.  I recall visiting the Gallup Organization in London when I was working for the parent company in Princeton, N.J. years ago (before it was sold to a big outfit) and how fascinated I was that one of the women in the same job there that I had in the U.S. was prepping for a trip to about 5 countries as if it were nothing out of the ordinary…sort of like the way I prepped to do a big job out in California, I guess.

It’s just that normal back and forth has been supplanted by something a lot more complicated than families visiting relatives. We’re now in globalization mode and it’s on steroids.

And here’s what AT & T is marketing to exploit the situation…

Outside of the AT & T advertising...

And, when you open it up, there’s a pop-up, just like one of those children’s picture books with pop-up pages:

A pop-up ruin...

I don’t have relatives in Mexico but I know people who do. I hope it helps them to stay close to them via phone and enables them to save money.

But, still…it does show how the globalization train is pretty far down the tracks, at least in these parts…

***

Related Posts

El Paso Media Conference Pushes “Newspapers as Change Agents”; Interesting Background of Organizer (February 20, 2009)

Secy. of Defense Robert Gates Downplays Possible U.S. Role as Fears of Mexico Collapse Mount; Don’t Be Fooled, There’s A Bush-Era Agenda Still Going On Here… (March 6, 2009)

THE PROPOSED NORTH AMERICAN COMMUNITY/NORTH AMERICAN UNION: 2010 Is Just Around the Corner (March 9, 2009)

What’s Going On North of the Border: The Canadian Economy and Stimulus Plan (March 11,2009)

Mexico Plans World’s Third Largest Seaport, Will Impact U.S. Ports on West Coast; Citigroup to Help Finance? (Updated 1X More on TARP $$ Going Overseas) (March 12, 2009)

Obama on the Border: The Language Shift & Plan to Use Executive Orders–Tying It All Together (Security, Trade, Immigration ) (March 13, 2009)

The Hitchhiker’s Guide to the North American Union: A Layman’s Overview of the Coming New World Order (March 17, 2009–by Grail Guardian)

AT&T calls Google a hypocrite on Net neutrality | Signal Strength – CNET News.

Phone wars begin to heat up.

There is no such thing as a “phone company” anymore.  The competition is fierce and will only get more challenging.

I would encourage you to pay close attention to this.

Kesalahan program dalam software bukanlah hal yang boleh diremehkan. Dampaknya dapat menjadi begitu besar, seperti meledaknya roket, bursa saham jatuh dan bahkan menciptakan perang dunia ketiga. Berikut adalah daftar bencana terbesar yang pernah terjadi yang diakibatkan oleh kesalahan software :

1. Roket Mariner I (1962).

Roket ini keluar dari jalur peluncuran dan hancur.

Penyebabny: programmer lupa menuliskan kode overbar.

2. Satelit Eole I (1971).

Satelit milik Prancis ini jatuh dengan membawa 72 balon cuaca.

Penyebab: permintaan untuk mengirim data pengukuran diterjemahkan keliru oleh software sebagai perintah self-destroy.

3. Satelit Nimbus 7 (1978).

Sateli ini mengabaikan lubang ozon di atas Antartika.

Penyebab: software analisis menganggap nilai yang tidak lazim sebagai kesalahan dalam pengukuran dan kemudian mengoreksinya.

4. Reaktor Atom (1979).

Lima reaktor atom Amerika tidak berfungsi karena software memberikan nilai yang keliru untuk pengukuran kekuatan gempa bumi.

Penyebab: program melakukan penjumlahan yang seharusnya menghitung akar dari jumlah kuadrat.

5. Gas Pipeline (1982 Top Secret).

Pipa gas di Siberia meledak akibat over-pressure.

Penyebabnya: Uni Sovyet membeli sebuah program kendali yang telah dimanipulasi oleh Amerika Serikat.

6. Perang Dunia Ketiga (1983).

Sebuah satelit Sovyet melaporkan adanya lima roket inter kontinental. Kolonel Petrow kemudian melihatnya sebagai ancaman walau ternyata keliru.

Penyebab: software mengartikan pantulan cahaya sebagai roket musuh.

7. Therac 25 (1985-1987).

Alat rontgen menewaskan banyak pasien akibat dosis sinar yang berlebihan.

Penyebab: software hanya dapat melakukan beberapa tugas sekaligus dengan baik apabila pengguna memberikan perintah secara perlahan.

8. Wallstreet (1987).

Bursa jatuh menimbulkan kerugian harian sebesar 22,6 % atau 500 milliar dollar.

Penyebab: software bursa tidak cukup cepat memproses order pembeli saham. Akibatnya terjadi kepanikan dalam transaksi.

9. USS Vincennes (1988).

Kapal perang AS ini menembak sebuah pesawat penumpang Airbus milik Iran, 290 penumpang tewas.

Penyebab: sistem “Aegis” seharga 400 juta dollar melaporkan Airbus tersebut sebagai “assumed hostile”. Para crew kemudian menduga ada serangan pesawat tempur.

10. AT & T (1990).

Software telepon baru memaksa semua sentral swithching masuk ke dalam reset mode secara berantai. Oleh karena itu, telepon tidak dapat digunakan selama sembilan jam.

Penyebab: keliru menggunakan perintah “break”.

11. Patriot (1991).

Sistem senjata pertahanan ini gagal menghadang roket Scud. Akibatnya 28 tentara tewas.

Penyebab: kesalahan konversi dalam menghitung waktu. Nilai bertambah besar apabila sistem bekerja lebih lama.

12. Denver Airport (1995).

Sistem bagasi full-automatic baru ini tidak bekerja.

Penyebab: terlalu banyak perintah yang kompleks sehingga software overload.

13. Ariane 5 (1996).

Roket ini keluar dari jalur dan meledak.

Penyebab: overflow saat mengonversi sebuah nilai floating 64 bit dalam software “Ariane 4″.

14. Mars Climate Orbiter (1999).

Penjelajah ini terbakar di atsmofir Mars.

Penyebab: instrumen mengukur power satuan pound Inggris, sedangkan software NASA menggunakan satuan Newton.

15. Mars Polar Lander (1999).

Penjelajah ini jatuh ke Mars dengan kecepatan 80 km/jam dan hancur.

Penyebab: software mengartikan perintah untuk mengeluarkan kaki pendaratan sebagai status telah mendarat sehingga mematikan mesin.

16. Blackout (2003).

Lantaran jaringan overload, listrik untuk 50 juta rumah tangga di AS dan Canada padam.

Penyebab: fungsi alarm dalam software menajemen listrik tidak bekerja.

17. Hartz IV (2004).

Ratusan ribu penerima “Hartz IV” tidak memperoleh uang.

Penyebab: software mengisi nomor rekening penerima dari halaman yang salah sehingga diisi dengan nol.

18. Airbus A380 (2005).

Jet raksasa ini memakan biaya 5 milliar Euro lebih besar dan penyelesaiannya terlambat.

Penyebab: para designer pesawat ini menggunakan versi CAD-Software CATIA yang berbeda-beda satu sama lainnya.

19. BNP Paribas (2009).

Software milik Bank ini menjarah 10 ribuan rekening nasabahnya dengan melakukan 600.000 transaksi berkali-kali.

Penyebab: belum diketahui.

man kann es garnicht glauben, aber wir haben unterschätzt was die zukunft bringt…

link. dark roasted blend

The 2009 National Book Festival, organized and sponsored by the Library of Congress, will be held on Saturday, September 26, 2009, on the National Mall in Washington, D.C., between 7th and 14th streets from 10 a.m. to 5:30 p.m. The festival is free and open to the public.

http://www.loc.gov/bookfest/

I can still remember when there were no cell phones.  Pay phones were everywhere and finding a dime to make a call was easy.  Nowadays, not only do calls at pay phones (if you can find one) cost $.50, but the only locations you can find one is probably not the best place to be.  Enter the world of cellular service!  I will admit that I never had a cell phone until about 3 years ago. My fiance gave me one and I didn’t even know how to turn it on!  I’m proud to say that not only can I make a call, but I’ve finessed the fine art of sending a text message with a picture attached.

With cell phones owned by over 100 million people in the US alone , certain challenges present itself.  For starters, with all the different cellular companies out there, who do you choose?  The one with the coolest phones?  The one with the best coverage in your area?  The one with the cheapest plans?  The one your friends have?  Or perhaps, the one with the best customer service?

Ah…customer service!  It seems that no matter what you do or where you go, customer service plays a role in today’s society.    I’ve had 4 different careers in the past 25 years, and dealing with customers was always challenging.  For the most part, I love dealing with customers.  I’m proud to admit that I have a special knack with people.  Even on the few occasions where customer’s are unhappy with what I’ve said or done, I’ve still been able to resolve all their issues to their satisfaction.

A few months ago, I decided to take a look at my life and decide what new career to embark in.  I wanted to use all my skills, talents, and my college degree to find a career that I’d excel in.  I didn’t want to be a restaurant manager anymore, I didn’t want to own another business, and even though I loved being a radio disc jockey, because the economy has seriously declined in the past few years, most radio stations have gone to satellite shows or automation.  So…what kind of career could I have?  I took assessment of my job skills, what criteria I had for a new career, and the amount of salary I’d have to earn and came up with what I thought as a perfect choice for me…customer service management! 

I started working for a major cellular wireless carrier as a Resolution Specialist, and despite my initial reservations, I love it!  I love my company and most of it’s products, I’m satisfied with my salary (for now), I love the people I work with, and I have great benefits.  I still look forward to going to work everyday.  How great is this?  I’ve finally found my niche.

But…little did I realize that working in customer service is a double-edged sword.  One one hand, I get a great deal of satisfaction with resolving customer’s issues.  It’s a great feeling when you know you’ve truly helped someone out and they really appreciate it.  On the flip side, not being able to help someone out to their satisfaction is a downer.  But I’m happy to say that 98% of the time I make customers happy!

As a member of management with the #1 cellular company in the world, I get to learn the inside scoop of how the “system” works.  Because my company really wants to be the BEST in customer service, we have a large latitude of what we can do to make our customers happy.  Here are a few tips to know when calling your cellular company, whoever you have…

1.  Be nice to the agent that answers your call.

Most people that call us have a problem.  The #1 reason we get called is because their bill is too high.  They went over on their texts.  They went over on their minutes.  They used data when they didn’t have a plan. They traveled overseas and had some helacious roaming charges.  The good news is that we can help with all those issues.  We have no problem crediting the customer’s account.  If they’re nice to us, we’re more than happy to help them out!  But if they call with an attitude and are rude to us, I admit that we won’t help as much as we can.  Yes, we’re working in the customer service business, but we’re still human, and the old saying, you can catch more flies with honey than with vinegar, really does apply.  So play nice.

2.  If there’s something you want, just ask.

Because making our customers happy is very important to us, so if you want something “extra”, you might just get it!  I’ve taken many calls where the customer just wants to pay their bill, and after doing so wants to know what they can get because they’ve been with our company for a long time.  I can give you rollover minutes, free services for a month, and even credit your account  just being a loyal customer.  What it comes down to is this: it never hurts to ask!

3.   If your contract is up, tell the agent that you are thinking of going to one of our competitors.

Whenever we get a call where the customer is thinking of going to another cellular company, our ONLY goal is retaining them!  I can offer them a free phone,  free services, and even a free month of their monthly recurring charge.  If I get the customer to upgrade and sign a new 2 year contract, I can get them not only a free phone, but a really nice phone.  It goes along with #2…just ask!

4.  If you’re happy with what the agent has done for you, ask to speak to their supervisor and tell them.

As a Resolution Specialist, not only do I deal with unhappy customers, I get to talk to happy customers.  I love talking to customers that have something good to say about our agents.  I document what they say and put it in the employee’s file.  This helps with their raise, vacation choices, shift bids, and promotional opportunities.  If you think that one of our agent has gone out of their way to help you, please take an extra few minutes to tell their supervisor. 

Who knows what kind of technology we’ll have in the future.  It’s very possible that in 10 years from now cell phones will be obsolete.  But in the meantime, cell phones have become a major part of our daily communication. I honestly can’t imagine not having a cell phone.  What was once a novelty, has become a necessity.  Now,  if only we can invent a lipstick that never wears off!

What would you buy if you had a million dollars? Let me make that question a little more specific: if you had a million dollars and you could supply yourself with an unlimited surplus of one thing, what would it be? I think the girl in these videos might purchase an unlimited supply of pants. Because one pant is not enough!

This might sound weird, but I would have a hard time deciding whether I would want an unlimited supply of pens, chapstick, or socks. I use pens all day, whether it’s writing up lessons or jotting down ideas or making to-do lists, and I am forever losing pens as well. I take a pen from one room to another and misplace it, I leave it in my shorts and wash it, I let someone borrow it, etc. Whenever I need a pen I am often at a loss to find one. If I could have an abundant supply of pens it would be a dream come true.

I also have a hard time keeping up with chapstick. I have a mild obsession with chapstick (especially the Burt’s Bees brand) and I like to have a stick on me at all times. However, I’m lucky if I make it halfway through a stick without losing it. Again, it will either fall out of my pants (or pant), it will get washed, or I’ll misplace it on a table or shelf. If I could just have a never-ending supply of chapstick and I never had to go to Wal Mart again to get that fix, it would give me some peace.

And, this may be one of my strangest quirks, but there are few greater feelings in the world than putting on a fresh pair of socks for the very first time. They are softer, warmer, and more comfortable than they will ever be again. Once you wash a pair of socks, they are never the same as they were the first time you wore them. If I had a million dollars, I think I would buy enough socks so that I could wear a brand new pair ever single day. 

Perhaps I am exaggerating a bit in making my point (and perhaps not), but there is at least one area in our lives in which we want more than what we have. We all want an abundance of something, whether it be something physical like video games or DVDs or something we can’t actually put a finger on like athletic ability or time. We are jealous of people who seem to have more than we do.

When I was in elementary school I was always jealous of kids who had trampolines. Our yard was always too small for a trampoline, and my Dad would have never allowed such an eyesore in the yard anyway. Whenever I got to hang out with someone who had a trampoline it was a euphoric experience that I never wanted to end. If I could I would have stayed at their house and jumped on the trampoline long into the night. Of course, I would always have to go home and leave the trampoline behind. For the friend who had the trampoline, when mother called them in, this was no big problem. The trampoline would be there tomorrow, and the next day, and the next. They could enjoy the trampoline as much as they wanted. For me, leaving a trampoline behind was more devastating. Who knew the next time I would get to enjoy such a magical creation? I could never get enough of the trampoline.

“What did my friend do to deserve a trampoline,” I would often think. I had plenty of toys and other blessings as a child, but I still got jealous sometimes. Wasn’t I a good enough child that I should have one too? What makes them so special to deserve something that I can’t have?

Don’t we all think like this sometimes? It’s a pretty dangerous way to think. It’s also an unhealthy way to live, thinking we don’t have enough, that other people have it better than us. 

You don’t have to think like this. You don’t have to be jealous of others, because you have enough. Scratch that. You have more than enough. You have an abundance of blessings. 

Many of these blessings are on display in Psalm 23 (ESV):

The Lord is my shepherd; I shall not want. He makes me lie down in green pastures. He leads me beside still waters. He restores my soul. He leads me in paths of righteousness for his name’s sake. Even though I walk through the valley of the shadow of death, I will fear no evil, for you are with me; your rod and your staff they comfort me.  You prepare a table before me in the presence of my enemies; you anoint my head with oil; my cup overflows. Surely goodness and mercy shall follow me all the days of my life and I shall dwell in the house of the Lord forever. 

Count the blessings that David cites that God showers upon us. Our Lord provides for all our wants. He restores our soul. He leads us along, even under the shadow of death. He gives us a home. And check out the end of the second-to-last sentence. Our cup overflows.

God pours out His blessings on us until our cup overflows. We have more blessings than we can imagine. What if we focused on this truth rather than on the unhealthy inaccuracy that we don’t have enough? What if we lived our life content with what we do have rather than clamoring for what we do not?

In his book Traveling Light, Max Lucado does an excellent job breaking down the 23rd Psalm line by line to offer a deeper understanding of the blessing within it. Focusing on our overflowing cup he writes, “If focusing on our diminishing items leads to envy, what would happen if we focused on the unending items? If awareness of what we don’t have creates jealousy, is it possible that awareness of our abundance will lead to contentment? Let’s give it a try.”

The kid in this AT & T commercial could use a dose of the 23rd Psalm. He doesn’t seem to realize that his minutes are just as good as any other minutes. They may not be as shiny and new, but they are more than he needs. He’s focusing on what he doesn’t have, and it makes his life miserable.

Too often we do the same thing. We don’t realize that we have enough. Jesus’s disciples often did not realize that they had enough either. In Matthew 14:14-21 (ESV), they thought they were ill-equipped for the task Jesus placed before them. They did not realize that they had enough. 

When he went ashore he saw a great crowd, and he had compassion on them and healed their sick. Now when it was evening, the disciples came to him and said, “This is a desolate place, and the day is now over; send the crowds away to go into the villages and buy food for themselves.” But Jesus said, “They need not go away; you give them something to eat.” They said to him, “We have only five loaves here and two fish.” And he said, “Bring them here to me.” Then he ordered the crowds to sit down on the grass, and taking the five loaves and the two fish, he looked up to heaven and said a blessing. Then he broke the loaves and gave them to the disciples, and the disciples gave them ot the crowds. And they all ate and were satisfied. ANd they took up twelve baskets full of the broken pieces left over. And those who ate ate were about five thousand men, besides women and children. 

The disciples did not think they had enough food to feed the swarming crowd (probably at least 15,000-20,000 people altogether). From a realistic perspective, who could blame them? All they had was a few loaves of bread and a couple of fish. Even rationing out miniscule portions to people, they still could not come close to having enough for half of those people. Jesus, however, told them they should not let logic get in the way. He told them what they had was enough. Rather, they had more than enough. The thousands upon thousands ate until they were satisfied (which is saying something) and even afterward there were twelve baskets full of leftovers, which is probably more food than the disciples started off with. 

There is no other way to explain this action than by the unexplainable miraculous powers of Jesus, son of God. This story shows that through His great power and strength, He can use whatever we have to accomplish His plan. 

This is an amazing, humbling blessing. Not only do we have enough, we have more than enough. Not only do we have more than enough, God wants to use what we have in the lives of others. God wants to use what He has given us to feed others.

We cry, “Impossible!” We say we can be of no use. We say we are not smart enough, courageous enough, big enough, small enough, pretty enough, religious enough, talented enough, athletic enough, good enough for the task before us.

When we say these things, we are wrong. Jesus took the small amount that the disciples had and made something grand out of it. And that was just fish and bread. What more will He do with what He has given you? God wants to use you to feed the world.

He has given us a particular food to feed the world with too – fruit. Come join us on Wednesday nights over the next few weeks as we pick up where we left off this spring talking about feeding the world with the fruits of the spirit.

We are all capable. We have enough. We have more than enough. Our cup overflows. Funny, actually, the whole cup overflowing analogy. Think about it: don’t we usually consider an overflowing cup a bad thing? When someone pours too much drink in your cup and it overflows, isn’t that embarrassing? Isn’t it frustrating? When a cup overflows, it makes a mess. It goes all over the table. It spills all over you, leaving a stain on you.  

That’s what happens when a beverage overflows. That ought to be what happens when God’s blessings overflow. They ought to spill all over you. They ought to stain you. They ought to leave their mark on you and transform you. Let them. Let the cup of God’s blessings spill onto you. Be stained with the living water, with His blessings. Let them change your outlook on life. Realize that you have enough*.

*We don’t just have enough. We have more than enough. God makes us more than capable for the tasks in front of us. Never think that you have enough. Always recognize that your cup overflows, and that you have more than enough.

I move around a lot. More and more I rely on my PDA to communicate. But here I am in a Starbucks in NYC having finished a meeting and preparing for another one. I don’t have a Wi-Fi access card ($ 50 or $ 60/month is way too much as far as I am concerned for something that I will use maybe 5-10 hours per month.

Yet today when I wanted to get on line I was able to access AT & T’s Wi-Fi network for 2 hours for $ 3.99 (plus tax of course). I did not have quite 2 hours but that was a reasonable charge for a la carte internet access – $ 1.50/hour.

Over the weekend I flew Delta and was able to access the internet on the flight for the first time. It worked well and was pretty cool in general. The good news is that for the time being VOIP calls from the plane are blocked – I was worried about that.

Since I also ride the train to New York City frequently I would really like Wi-Fi access to be available. It is said that this is coming but I wonder at what cost? For a trip that takes about an hour and costs $ 10.00 or less it will really bug me if the charge is even $ 5.00! And if you are traveling by car there should be an inexpensive service that allows internet access from wherever you are whenever you want.

It’s more than time for a national Wi-Fi system to be put in place that works cross carriers. The cost to maintain these networks continues to drop and the overall rise in people’s productivity makes this a no-brainer. The cost to the user should be MINIMAL – not $ 50 or $ 60 per month but $ 10 or less.

In the meantime when on the road I will (like most others) hope to catch a signal for free, and then upon failing to do so will pay by the hour or 2 hour session. But I am more than ready for Wi-Fi access 2.0 – aren’t you?

Do businesses scout their competitors? Do they compile reams of data like a NFL team breaking down their opponent’s tendencies? Is there the business equivalent of tracking every pitch of every game played by all 30 major league baseball teams? Will the information they gather affect the conditions of a proposed merger? Certainly financial metrics affect terms, but do diverse corporate cultures affect negotiations? Change the outcome? More than once company A has tried to “buy” the reputation and culture a younger, “hipper” company.

Its happened more than once with varying success (Time Warner/AOL comes to mind).

From its inception in the early 1980’s McCaw Cellular Communications aggressively built the nation’s first significant cellular network. By the mid-1990’s McCaw Cellular was the leading wireless carrier in a rapidly growing industry and the large, incumbent landline phone companies began to take notice. In 1994 AT & T struck an accord with McCaw Cellular to purchase the company for $11.5 billion setting into motion one of the most significant financial transactions of the time and the combination of two very different cultures. The more relaxed, entrepreneurial no tie environment of McCaw versus the big corporation suit and tie atmosphere of AT&T.

To finalize the transaction members of the board of directors and senior management teams of both companies met. Prior to the meeting Craig McCaw was asked by members of his team what they should wear. Having scouted his soon to be partner well and knowing quite a lot about AT&T, as well as proper business formalities, Craig advised his team to wear a suit and tie. AT&T’s management and board knew a bit about their new partner as well and showed up to that first meeting in slacks and shirts – no ties.

Not the first and certainly not the last time this has happened, but I am sure both companies knew instantly they had scouted their opponent well.

Browsing through Yahoo! News this morning, a PC World story about ringtones caught my eye.  I’ve always thought that ringtones occupy an interesting place in our culture.  Remember when Apple raised its prices from $.99 to $1.29 and there was a fair bit of howling?  I always thought it was a bit odd that people would moan about paying $1.29 for a full song that they can play over and over again, when there are scads and scads of people willing to fork over at least twice that much to hear the song in terrible quality for only about 30 seconds or so.  (AT & T’s Media Mall; Verizon’s Media Store; Sprint’s Digital Lounge)

One would think, given that people who buy ringtones are paying a premium for the license (and yes, it’s a license) to have their phones pump out music, that would satisfy ASCAP.

Nope.

ASCAP is suing AT&T over ringtones, saying that a royalty is owed every time the phone rings, because, in ASCAP’s mind, such ringing is tantamount to a public performance.  Bollocks, says the EFF.  Copyright law, it argues in an amicus brief, does not reach “public performances ‘without any purpose of direct or indirect commercial advantage’,” sort of like driving with your windows down.

Now, getting at what sort of license you actually have when you get a ringtone from AT&T is pretty difficult.  Sprint, for its part, clearly states what you are able to do with your ringtone:

It seem that Apple is a ‘victim’ of its own success, with reports of some early adopters having the frustrating experience of waiting up to 48 hours for their new iPhone 3G S to be activated after purchase.

Of course, the real ‘victim’ in this situation is the end-user who has placed their faith in Apple by purchasing their product. Whether the fault here lies with Apple of the networks is unclear. Also, its unclear how much the UK is effected or if its just in the States with AT & T being at fault.

Company XYZ has a retirement pension plan.  In calculating pension owed to eligible employees, Company XYZ, in its current calculation of service credit, applied the service credit rule pre-dating the Pregnancy Discrimination Act (PDA) which did not give full credit for employees who took maternity leave during that time.  Upon the PDA’s implementation, Company XYZ amended its policies and pension rules so that it would become compliant.  A potentially eligible employee for retirement pension benefits speaks to your human resource manager about her concerns that the program is discriminatory because of the Company’s position to apply the pre-PDA pension benefit rule to the maternity leave taken when that rule was applicable and lawful.  Is Company XYZ’s pension plan discriminatory?

Recent Supreme Court Decision

Alleging similar facts to the above, four former employees of AT & T Corp. sued their employer claiming they were discriminated against in violation of the PDA because AT & T calculated the retirement benefits owed them, using a pre-PDA rule to accord limited service credit to maternity leave they took at the time.  AT & T’s decision caused these women to receive less retirement benefits than they would have received if the post-PDA service credit rule applied retroactively to them.  Their case made it before the Supreme Court of the United States of America.  The Supreme Court held on May 18, 2009 in AT&T Corp. v. Hulteen, et al, No. 07-543 (May 18, 2009) that an employer maybe  able to continue using pre-PDA pension benefit rules, which were effective and lawful at the time, to maternity leave taken during that time.  However, the Supreme Court made this holding in context of its finding that the subject pre-PDA pension benefits rule was part of a bona fide seniority system under section 703 (h) of Title VII of the Civil Rights Act, protecting it from challenge.  In addition, the Court found that the PDA applies prospectively, not retroactively.  Moreover, the Court further found that the employer, AT & T Corp., had made its service credit rule PDA- compliant upon the Act’s enactment.

How do I know if our company’s retirement pension plan is lawful? 

Your company’s retirement pension plan should be reviewed with the help of experienced employment counsel.  If your company has a seniority system with a service credit rule similar to the aforementioned, your company would have to determine, among other factors:

1. Does the company have a “bona fide seniority system”, under section 703 (h) of Title VII, in place?
2. Was the subject service credit rule lawful at that time?
3. Was the service credit rule created to intentionally discriminate?
4. After the PDA became effective, did the company immediately change its service credit rule and relevant policies in response such that current service credit rule regarding maternity leave is nondiscriminatory?

 What else should be considered?

It should be noted that there is disagreement by concerned groups about Hulteen’s impact on women’s rights in the workplace.  The Hulteen decision may have the consequence of allowing women who took maternity leave prior to the PDA becoming effective, still being subject to the seemingly discriminatory impact of a service credit rule that credited their maternity leave differently from other leave (such as disability).  In relevant part, the dissenting Judges, Justice Ruth Bader Ginsburg and Justice Stephen G. Breyer, stated that they would have held that “AT&T committed a current violation of Title VII, when post-PDA, it did not totally discontinue reliance upon a pension calculation premised on the notion that pregnancy-based classifications display no gender bias… I am persuaded by the Act’s text and legislative history, however, that Congress intended no continuing reduction of women’s compensation, pension benefits included, attributable to their placement on pregnancy leave.”

While the Supreme Court found the use of this particular service credit rule to be lawful under the circumstances outlined in its decision, a company may want to stop using antiquated pre-PDA service credit rules that, while lawful at the time, would be deemed discriminatory now.  While it may seem cost-effective to continue to honor pre-PDA service credit rules that were applicable at the time of the subject maternity leave(s) in current benefits calculations, companies run a real risk of not being able to attract and retain qualified talented women in its workforce. 

MAKO	THRESHER
GROUPER	SNAPER

Detalhes:

Coachella desde tu casa. Solo sigan las instrucciones:

1- Meterse a la pagina de [Coachella]
2- Dentro de la pagina le haces click en AT & T webcast . El cual te abrira otra pagina.
3- Dentro de esa pagina le haces click en la imagen de coachella, ahi te pedira instalar un archivo que no dura ni 10 segundos en instalarse.
4- Despues de instalarse reinicias tu explorador de internet y te abrira en esa pagina donde pordas disfrutar del coachella en vivo.

Abajo viene los ‘line up’ de las bandas para que estes al pendiente de las bandas que te gusten. Estan tomando a 2 diferentes escenarios. Y pues si tienes de una buena velocidad de internet no estaria mal ver durante un rato el Coachella

I whined yesterday about all the things going on, but once just isn’t enough. Be warned.

Awards event at school yesterday, and ds was unnecessarily upset (not his own fault, imo) by a technicality. Sometimes I really wish people would understand how important these things are to ASD kids. Little upsets that just aren’t worth the fight can ruin an entire afternoon. And this did. I’ll leave it at that, but I just want to be like other parents, go and watch something and have a smiley child who is enjoying himself. Heck, I’ll forego the smile, I just want him to enjoy himself.

With no respite last night, I had to tote him along with me to Borders. He didn’t want to go, but the bribe of a chocolate chip cookie was too strong to ignore. But..and this shouldn’t surprise me, given how our week is gone..Seattle’s Best was out of chocolate chip. They had some delicious looking other flavors, but no chip. Oh no, he’s getting anxious. Oh look, a bakery next door. Run across the street, find the cookie. Crisis averted. We find Jenny’s latest book on the “new” shelf, pay the cashier (feeling the ridiculously increased tax hike for the first time and nearly cry…if I feel it on a book, what about when I shop for clothes for the kids or order his new supplements??) and enjoy my non-fat Blackberry Cream Latte. The little things in life. I was trying to keep ds calm about his cookie, then realized: would I be upset if I couldn’t get a coffee right then? Probably.

I am exhausted. I am so thankful it’s Friday. I’m not sure if the weekend will be a relaxing one, it’s too early to tell — as in, I don’t know until five minutes beforehand, and sometimes not even then — but at least I won’t be throwing work into the mix. I’ve been working earlier most days anymore, so I can be sure to put in my time around any issues with ds. It’s do-able, but when you dream of being chased by scary dogs, when ds isn’t coming into your room due to another nightmare, sleep is fragmented.

Today we’re going back to Kirkman’s chewable multi-vite. Ds isn’t currently GFCF so it’s fine. We saw the biggest improvement on it, but he hates the taste. I am not a walking checkbook, so I’d like to get him to use this bottle before I switch to a liquid or other version of it. I’m also starting him on double S. boulardii, a good probiotic to combat the yeast that’s probably built back up in his system. We did an anti-yeast protocol around 18-20 months ago and it was fantastic but it can return so it’s a good time to try again.

And, because it’s fun, ds is home from school again. Okay, it’s not really fun but you gotta laugh to get through the neverending stuff or you’ll go crazy. He woke up at 5:40am and said his leg is burning. No swelling, joint is fine, but it hurts to touch. What now? He’s near tears, and when he’s not looking, we tested it by touching the leg. OUCH!! So, a new symptom added to the mix. We’ve decided that it’s time to go back to no dietary infractions: all homecooked/homebaked stuff and no dyes. (Dad bought him Fruit Gushers earlier this week, which to me is just a big package of HFCS and dye, but Dad was giving in to a sweet boy who’d already had a lot of stuff going on and really wanted to try the gushers. Who knew.) He also had a couple of processed foods, like pizza pockets. Yanking those out of the diet too. He was already acting odd/off by then, with the lip licker’s dermatitis and headaches, so at least we can’t blame those on bad food, we really are careful with his diet. But this leg thing has thrown me for a loop.

It’s a rainy day here, so I’ll be getting the fireplace going shortly and will make it a snuggle & cuddle day. We got AT&T U-verse installed, so he can watch anything he records on any tv, and he’s got his own tv in his room. Well-worth the cost. (And the money we’re saving over our prior services is a good thing, too. TV, phone and high-speed internet together is way cheaper.)

Enjoy the weekend. Not sure if I’ll be blogging or not. I do have to say I’m disappointed I saw so little about World Autism Awareness Day, other than some online mentions in the appropriate autism-related places/communities. Nothing on TV or on the news. I guess it’s less important than what the latest loser celebrity is doing or other ridiculous news stories I did see on. Shows you where our priorities lie.