We’ve had a wet, cool spring in southeast Michigan. But my pink Columbines didn’t seem to mind. They’ve been blooming for the past three weeks.Somehow the delicate pink flowers withstood the downpours of rain and strong winds this month’s storms brought to southeast Michigan. The columbines are one of the few flowers in bloom in my garden this week, while the rose buds are still forming and my cleomes, asters, and snapdragons have yet to form any buds. For me, it sure seemed like we had one of the wettest months of May. But my memory must be failing me. According to the Detroit Free Press article about raining 21 out of 28 days in May, metro Detroit had less than half the precipitation as one year ago, in May 2018.Tell that to my waterlogged lawn, as I make squish-squish sounds every time I walk on it. How about you? How are your spring flowers doing? What’s in bloom in your garden today? Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)Click to print (Opens in new window)Like this:Like Loading…RelatedPhoto of the Week: Mini Daffodils in BloomWith all the rain showers we’ve had in southeast Michigan in the past week, it’s no surprise my spring bulbs have finally started to burst into bloom. My mini daffodils popped through the soil earlier this month. The gorgeous yellow flowers, less than eight inches tall, started blooming a few…In “Garden”Photo of the Week: My Garden Today, Coreopsis in BloomWith the cool weather and heavy spring rains ending (we hope!) in southeast Michigan, my early summer flowers are finally in bloom. Including one of my favorites, the yellow-petaled Coreopsis that blooms in my front courtyard. I believe the blooms in this post are a hybrid between the field Coreopsis…In “Garden”Photo of the Week: First Bloom on my Pink HibiscusWhat a treat to see the first blooms of my pink Hibiscus plant in my garden today! I planted it two years ago and this year was the first year the Hibiscus bloomed. All I could say when I saw the bloom this morning was, what a gorgeous flower! My…In “Garden”
Many are under the assumption that a retailer does not sustain any damages if the merchandise stolen in a shoplifting incident is recovered in merchantable condition. However, this is not the case. Just because the merchandise is not damaged does not mean there are no legal damages.Our “Of Counsel” attorneys for each state have advised us that in order to establish an injury giving rise to a right to recovery, the retailer need only show an invasion of a legal right. Upon a showing of theft, the majority of state statutes allow a retailer to request actual damages, if any, and statutory (penalty) damages. These statutory damages help reimburse the retailer for loss of the stolen item for any amount of time and cost of business damages. In any theft incident, the retailer suffers actual and business damages in the form of lost employee time, security costs for equipment and personnel and loss of the item for the period of time that the stolen item was not available for sale to the public. Additionally, general loss control devices such as electronic article surveillance (EAS) and video camera systems can be amortized annually over their respective life expectancy and then divided by the average number of shoplift apprehensions to get an estimated “per stop” cost. These proportional costs could also be argued as additional actual damages.Even if there is no physical damage to the property and the property is returned to the retailer in merchantable condition, or restitution is paid, the retailer has nonetheless suffered a legally compensable injury in the form of an invasion of a legal right to ownership of and control over the property that was the object of the theft. This invasion of a legal right constitutes an injury and usually provides the owner of the property with a cause of action.- Sponsor – If a statute is clear on its face, you do not need to look further than the statute to understand and enforce the law.1 While many state statutes are clear regarding the retailers’ right to request statutory civil damages when merchandise is recovered in merchantable condition, there is also some particularly good case law that supports this position. For example, in Louisiana, while the statute speaks in terms of requiring an unlawful taking of merchandise from a merchant’s premises, case law suggests that even if a shoplifter does not physically remove merchandise from the store or the merchandise is returned in merchantable condition, statutory penalty damages can still be properly sought provided the individual takes possession of the property without consent and with the intent to permanently deprive the merchant of its full retail value.2 The court stated that “…the legislature obviously understood the cost to merchants to catch shoplifters, prosecute claims, and appear before the criminal courts…the legislature has allowed a civil penalty pursuant to La. R.S. 9:92799.1(A) to defray the costs that merchants incur, which is separate and apart from any cost of damage to the stolen goods and any criminal fines that may be imposed as a result of prosecution.”3Making statutory civil damages requests also helps deter future theft and shifts the tremendous cost of theft and the resulting security costs from the honest consumer (through higher retail prices) to the offenders who are creating the problem. Typically, the amount demanded by the business establishment under civil penalty statutes is not to compensate for the item, which may or may not have left the store, but for the act committed against the store. Whether the item was or was not damaged, or whether or not it was returned to the store has little, if any, bearing on the demand amount. A court in North Carolina confirmed a widely held theory that civil recovery helps spread the cost of losses while noting that the civil penalty statute “has a remedial effect in that it allows merchants to recover for their losses attributable to others’ misconduct.”4A court in Wisconsin also supported an award of legal damages when merchandise was not physically harmed when it held that the store owner was entitled to actual damages, even though the merchandise had been recovered undamaged and unused; and that the store owner could seek an award of exemplary damages including wages paid to its employees for time spent in processing retail theft, even though the customer had been subjected to civil forfeiture in the criminal prosecution for the alleged shoplifting incident.5 Similarly, a Connecticut court awarded a retailer punitive damages of $300 along with costs and attorney’s fees under C.G.S.A. § 52-564a in a case where the stolen property was recovered by the retailer.6In addition to case law interpreting civil statutes, some Attorneys General have provided opinions interpreting various civil theft statutes and given persuasive guidance regarding damage requests when merchandise has been recovered in merchantable condition. In California, one Attorney General Opinion clarified that merchandise does not need to be physically damaged in order for a merchant to recover in a civil action under the civil remedy portion of California Penal Code § 490.5.7 Furthermore, in the state of Washington, which recently amended its civil recovery statute to allow for larger civil penalty awards, the Attorney General went so far as to indicate that the penalties prescribed in both the adult civil penalty provisions and the parental civil penalty provisions clearly apply whether or not actual damages exist.8Legal Disclaimer: The information contained in this article is for general information purposes and is not legal advice or to be construed as legal advice. In states outside of the author’s licensure, consultations were made with Of Counsel attorneys to help ensure accuracy of the information.United States v. James, 478 U.S. 597, 606 (1986)Ourso v. Wal-Mart Stores, Inc., 998 So. 2d 295, 301 (La. App. 1st Cir. 2008)Id.State v. Beckham, 558 S.E.2d 255, 258 (N.C. Ct. App. 2002)Shopko Stores, Inc. v. Kujak, 147 Wis. 2d 589 (Wis. Ct. App. 1998)Belli v. Kmart Corporation, 1997 WL 94257(Conn. Super.)Op. Atty Gen. Cal. No. 86-8051979 Op. Atty Gen. Wash. No. 11 Stay UpdatedGet critical information for loss prevention professionals, security and retail management delivered right to your inbox. Sign up now
Why Tech Companies Need Simpler Terms of Servic… Top Reasons to Go With Managed WordPress Hosting marshall kirkpatrick Related Posts Push me, pull me, real time web: we’ve now got enough options available to us when choosing how to consume our favorite web content that we may as well start mixing things up a bit, no? Push delivery technology company Superfeedr today released a new Chrome browser plug-in called Msgboy. (The first 200 people to use this link can get it.) The plug-in accesses your browser’s history and uses it to make a big list of web pages you like and feeds you’re subscribed to. Then it uses Superfeeder’s XMPP and Websockets technology to push new updates from those sources to your browser, in the form of a Chrome Notification. Click the plus and minus buttons in the pop-up and you can quickly train it to know what kind of notifications you want or don’t want to see. I’ve been using it this morning and like it a lot. There are a lot of feeds I’ve subscribed to that I don’t remember to check very often anymore; now they are in the corner of my screen all day. Superfeedr’s Julien Genestoux says that push technology is now very widely used, but end-users don’t get to see it very often. 8 Best WordPress Hosting Solutions on the Market Tags:#Product Reviews#Real-Time Web#web A Web Developer’s New Best Friend is the AI Wai… “The msgboy addresses just that : it sends you the web you care about and stores it in your browser. It’s a Chrome application that will silently build a small firehose of all the web services that you use online. It will show you some of these messages as HTML5 notifications.”If you don’t like to be interrupted while online, if you need a perfectly polished UI or if you can’t handle a little bit of noise until the system is trained, then Msgboy probably isn’t for you. For me, though, this looks great so far. I’ve now got Growl messages popping up in the top left corner of my screen, Tweetdeck messages in the bottom right and Msgboy in the top right. I am in news firehose heaven.
3 Areas of Your Business that Need Tech Now Right now, Innovatio says it won’t be targeting individuals – maybe they will, maybe they won’t. Over on ZDNet, Steven J. Vaughan-Nichols says “You may open your mail sometime soon to find a demand for a three-figure licensing fee for your use home Wi-Fi use.”This is the best possible thing that could happen. I know, it sounds crazy – software patent suits are exactly what we don’t want more of, right? Ideally, yes. But the software patent threat has been growing unrestrained for years with little attention. It seems the only way we’ll have any real change is if everybody is made aware of the problem. I can’t think of a more effective way for this to happen than companies like Innovatio going after non-tech businesses hundreds at a time. Even better for a company to have the audacity to go after individuals. Cisco and Motorola are going after Innovatio, trying to have their patents ruled invalid (PDF). Normally, I’d cheer them on – but I kind of hope they fail here. Not because Innovatio deserves to win, but because we’ve finally reached the point where the absurdity of software patents might actually get the public’s attention. IT + Project Management: A Love Affair Massive Non-Desk Workforce is an Opportunity fo… Related Posts According to the Patent Examiner, a company called Innovatio IP Ventures is suing individual branches of hotel chains for use of Wi-Fi. Though I’m staunchly against software patents – and by extension software patent lawsuits – I think this is a good thing. The company is launching a “systematic campaign” according to Matthew McAndrews, the lead litigator for Innovatio. The company is trying to shake down “several hundred” defendants for $2,300 to $5,000. Says McAndrews, “We want you to continue to use this technology, we just want our client to get his due share. This is not a seat-of-the-pants, fly-by-night shakedown.”It’s Finally Come to ThisMcAndrews is right, it’s not a fly-by-nigh shakedown – it’s the logical next step in an out-of-control system where software patent suits pass for innovation.As long as patent suits are confined to the tech industry, the odds of meaningful change to the patent system seem extremely small. Suits between tech giants like Google and Oracle are considered part of the cost of doing business. Suits by tech giants against smaller players are too valuable a tactic for companies to pass up.Suits against practicing tech companies by patent trolls that are non-practicing entities (NPEs) are seen as a hassle, but defensible. In short, while there’s a lot of hang-wringing about patents in the tech industry, it’s not well-known outside. The dangers of software patents are only just starting to be talked about in mainstream media. The Trolls Are Coming, The Trolls Are Coming!But now, patent trolls are starting to branch out to other businesses. This is a good thing – because at some point, we’ll have to hit a tipping point where it’s blatantly obvious how badly the system needs to be reformed. If the patent trolls confine themselves to the tech industry, it’ll take another decade for serious reform. If the patent trolls start hitting hotel chains, small businesses and other non-tech companies en masse they might just trigger the kind of public outrage that we need to effect change. joe brockmeier 1 Tags:#Analysis#enterprise Cognitive Automation is the Immediate Future of…
Upsets continued at the 10th Parsvnath International Open Chess tournament as Debashis Das shocked second seed Grandmaster Aleksandrov Aleksej of Belarus in New Delhi on Thursday.However, there was no change to the positioning of Philippines Grandmasters Oliver Barbosa and Gomez John Paul, who maintained their lead with sixand- half-points.World u-18 bronze medallist Das rattled the Belarusian by using his queen and knight combination to good effect in the middle game. The Orissa youngster was not overawed by his experienced opponent and displayed great composure to plot his downfall. Playing with black pieces in Semi-Slav variation, Das took his opponent’s queen for rook and bishop in 32 moves.In another important result, IM K Rathnakaran held top seed and tournament favourite Sandipan Chanda in a seventhround encounter while Russian GM Andrei Deviatkin beat Uzbekistan GM Marat Dzhumaev and Evgeny Gleizerov and Mark Paragua got the better of Ashwin Jayaram and Zeng Chongsheng respectively. Five players, including Das and Rathnakaran, are sitting on second spot.
(The Attawapiskat ice road blockade on Wednesday. Photo courtesy of Jonathan Nakogee)By Jorge Barrera APTN National News ATTAWAPISKAT–De Beers is pressuring Attawapiskat Chief Theresa Spence and her band council to bring an end to a four-day blockade of a winter road leading to the company’s Victor diamond mine in northern Ontario.In a letter delivered to Spence on Tuesday, the law firm retained by De Beers says the company would be seeking an injunction against the blockaders Wednesday morning.“As the leaders of the community, we urge you to use best efforts and to take appropriate steps to ensure that this unlawful activity cease immediately,” says the letter, signed by Fasken Martineau lawyer Tracy Pratt.De Beers Victor mine manager James Kirby has said the blockade could force the diamond mine to shut down. The mine depends on the ice road to stock up its fuel supplies and to ship up machinery and replacement parts too heavy to fly into its airport.The blockaders said Wednesday they had been told by a De Beers employee that the OPP would arrive at the site sometime Wednesday. As of early evening the OPP had not yet appeared.The ice road, which leads to the De Beers mine has been blocked for a total of eight days over the past two weeks. A previous blockade ended this last Thursday.De Beers pays for the construction cost of the about 400 kilometre road from Moosonee, Ont., to the Victor diamond mine, which sits about 90 kilometres west of Attawapiskat.The blockades have been driven by a number of grievances ranging from personal, past employment and pay issues with De Beers, to the lack of housing in the community, the need for compensation over the loss of traditional traplines and burial sites along with overarching environmental issues.The blockaders have also expressed concern over an impact benefit agreement (IBA) between Attawapiskat and De Beers which they believe fails to give the First Nation a fair cut of the riches contained on their traditional territory.The core of the current blockade has been maintained by about four families. The numbers at the blockade site also fluctuate throughout the day.De Beers spokesman Tom Ormsby, however, claims the blockaders are driven only by personal issues.“The blockades this year have originated from a small group of individuals with very specific individual concerns, mostly about employment, training and compensation for pervious work,” said Ormsby.Ormsby denies the issues are “rooted” in the IBA.Ormsby also denied De Beers was looking to have Attawapiskat dip into its IBA-linked trust fund to pay some of the compensation claims issued by the blockaders.“De Beers is not ‘looking to use the Trust Fund money’ for anything, as De Beers does not manage the Trust Fund nor have access to it,” said Ormsby. “The Trust Fund and the parameters around the use of the Trust Fund were set up by Attawapiskat First Nation, who own and administer that account. De Beers’ only role is to direct payments into the Trust Fund per the schedule in the IBA.”De Beers has transferred $10.5 million into a trust fund for Attawapiskat as of January 2011.Attawapiskat gets about $2 million a year from the mine.The trust fund was created to provide funding for Attawapiskat into the future.The mine had also generated $448 million on gross revenues by the same date, according to a De Beers PowerPoint presentation on the IBA.De Beers says it has invested about $1.022 billion of capital costs into the mine.De Beers currently says about $325 million worth of contracts have been awarded to “solely owned or joint venture companies run by the community” since construction began. Though some in the community dispute the number accurately reflect the reality on the ground and some question the make-up of some of the joint ventures.De Beers says in its PowerPoint that a blockade in 2009 cost it $3.5 [email protected]@JorgeBarrera
This document is subject to copyright. Apart from any fair dealing for the purpose of private study or research, no part may be reproduced without the written permission. The content is provided for information purposes only. Google fixes APK nightmare-waiting-to-happen, sends patch to partners (Phys.org) —GTVHacker has posted a blog entry describing a hack they’ve done on Google’s new streaming stick Chromecast. Because the process is so simple, it appears as if Google intentionally left the “vulnerability” open for hackers and other commercial enterprises to exploit, much as they have done with Android devices. © 2013 Phys.org Chromecast is a small (flash drive sized) device that connects directly to a television’s HDMI port. Once installed it allows for wirelessly streaming content from a computer or handheld device to the television set. Principle streaming sources include Netflix and YouTube. The introduction of Chromecast created quite a stir when it was released last week as its price is a mere $35. As has been the case with virtually every other hardware device released to the public, hackers appear to have set to work trying to gain access to control the device in ways not intended by the manufacturer.GTVHacker notes that the OS on the device is not Chrome (as its name implies) but a stripped down version of the software used to run Google TV. To gain access, a flash drive was attached to the device and then the power on/off button was held down (causing it to boot to USB mode) as the device was being powered on. Natural code on the device calls for a signed image to be detected on the USB device. As no verification of the image was required, the hackers were able to execute other code that they had written. Specifically, their hack allows for spawning a root shell on port 23.That a hacker team was able to find such a vulnerability and exploit it in just four days is likely no surprise to Google. They’ve been using the services of hacker groups to help test new products since the introduction of Gmail and Android—doing so led to the early development of smartphone apps, and Google is no doubt hoping the same thing happens with Chromecast—early reports suggest its native applications are severely limited. The hack found by the team at GTVHacker means that pretty much anyone that wishes can development custom apps for the device, perhaps making it worth far more than its list price. Explore further Citation: Hacker group finds a way to gain root access to Chromecast (2013, July 29) retrieved 18 August 2019 from https://phys.org/news/2013-07-hacker-group-gain-root-access.html