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Wednesday, July 14, 2010

Last month, Paul D. Ceglia filed suit against Facebook, the world’s largest social network, claiming that he rightfully owns 84 percent of the company. The lawsuit, filed in the Supreme Court of the State of New York, bases its claims on a 2003 contract between Ceglia and Facebook founder and CEO Mark Zuckerberg. The contract reportedly states that Zuckerberg would give Ceglia 50 percent ownership in the company in exchange for designing a website “similar to a live functioning yearbook with the working title of ‘The Face Book’,” and paying a US$1000 fee. Ceglia would also get an extra percentage point every day after January 1, 2004 until the work was completed.

Earlier this month, Judge Thomas Brown issued a temporary restraining order that prevents transfer of Facebook’s assets in light of the ongoing lawsuit. According to Victor P. Goldberg, who teaches at Columbia University’s Law School, the lawsuit may get tripped up by the statute of limitations, which is six years in New York. PC World says that one problem with Ceglia’s claim is that the contract was purportedly signed in 2003, while Zuckerberg didn’t register the domain name thefacebook.com until January 2004.

This is not the first time Ceglia has appeared in court. In 2009, New York’s Attorney General Andrew Cuomo accused Ceglia of fraud. The state claims that Ceglia took more than $200,000 from customers of a wood-pellet fuel company, and failed to deliver any products or refunds; this case is still ongoing. A Facebook spokesman has stated that they believe this suit is completely frivolous and will fight it vigorously.

Friday, May 23, 2008

A controversial development training course called “Landmark Forum” is cited in religious discrimination lawsuits in United States federal courts in New York and Washington, D.C. The seminars are run by a San Francisco, California-based for-profit training company called Landmark Education. The company evolved from Erhard Seminars Training “est”, and has faced criticism regarding its techniques and its use of unpaid labor. The sperm bank and surrogacy company Los Angeles-based Growing Generations is named as a defendant in the New York lawsuit, and the Democratic political action committee Twenty-First Century Democrats is a defendant in the Washington, D.C. case.

In separate lawsuits filed in the United States District Court for the Southern District of New York in Manhattan, New York, and in the United States District Court for the District of Columbia in Washington, D.C., former employees are suing their employers for monetary damages and claiming religious discrimination after their employers allegedly mandated that they attend courses at Landmark Education.

In the US$3 million federal lawsuit filed in New York, Scott Glasgow is suing his former employer Growing Generations and its CEO Stuart Miller. Growing Generations maintains sperm banks and also arranges surrogacy for gay couples who wish to have children. The company has offices in New York and Los Angeles, and has done business with celebrities including actor B. D. Wong of Law & Order: SVU.

Glasgow was marketing director of Growing Generations, and claims he was fired in June 2007 after refusing to continue attending Landmark Education seminars. Glasgow is also suing for sexual harassment, and claims Miller came on to him in September 2006. He made approximately $100,000 per year as the company’s marketing director, and was the company’s only employee based out of New York City. The company’s main offices are in Los Angeles.

“I was shocked when I was fired. It took me months to right myself. I want them to stop imposing Landmark on the employees, and I want an apology,” said Glasgow in a statement in The Village Voice. Brent Pelton, one of Glasgow’s attorneys, stated that: “The Landmark philosophy is deeply ingrained in the culture of the company”. Glasgow said that the Landmark Education training courses were “opposite” to his Christian beliefs. According to Glasgow he was questioned by Miller in May 2007 after he walked out of a Landmark Education course, and was fired shortly thereafter. “We stand by the allegations contained in the complaint and we look forward to proving them at trial,” said Pelton in a statement to ABC News.

Ian Wallace, an attorney who represents Growing Generations, claimed that Glasgow wasn’t fired but walked away from his position. “Growing Generations and Mr. Miller are very confident that these claims will be dismissed ultimately, and there’s no factual basis for them whatsoever,” said Wallace in a statement to The Village Voice. Lawyers representing Growing Generations and Stuart Miller declined comment to The New York Post, and did not immediately return a message from ABC News.

In Glasgow’s complaint, entered into federal court record on April 18, he asserts that Landmark Education constitutes a “religion”, and “perceived their philosophy as a form of religion that contradicted his own personal beliefs”. He states that when he was promoted to Director of Marketing, he asked Miller if he could stop attending the Landmark sessions but was told that they were mandatory for all of the company’s executives and that Landmark is “very much the language of the company.” Glasgow said his performance at the company was assessed based on how he was “touching, moving and inspiring” others, a phrase from the Landmark philosophy, as opposed to his business accomplishments at the company. The complaint claims that the actions of Miller and Growing Generations violated Federal, New York State and New York City civil rights laws.

The lawsuit filed in federal court in Washington, D.C. deals with a separate plaintiff and company, but the plaintiff in the suit also claims that religious discrimination took place for allegedly being mandated to attend Landmark Education courses. Kenneth Goldman is suing the United States Democratic political action committee Twenty-First Century Democrats (also 21st Century Democrats) and its former executive director Kelly Young. Goldman was formerly the communications director of 21st Century Democrats.

According to Goldman’s complaint, three employees of 21st Century Democrats were fired after refusing to attend the Landmark Forum course. The complaint asserts that Landmark Education has “religious characteristics and theological implications” which influenced the mission of 21st Century Democrats and the way the organization conducted business. Goldman’s complaint states that in addition to himself, a training director and field director were also fired after they made it clear they would not attend the Landmark Forum.

Goldman says executive director Young infused Landmark Education jargon terms into staff meetings such as “create possibilities”, “create a new context”, and “enroll in possibilities”. He also claims that Young “urged” staff members to participate in Landmark Education events outside of the workplace, drove employees to and from Landmark functions, and used funds from 21st Century Democrats to pay for employees to attend those functions. Goldman’s complaint asserts that he was discriminated against in violation of the District of Columbia Human Rights Act.

In a statement in The Washington Times, the executive director of 21st Century Democrats, Mark Lotwis, called the lawsuit “frivolous” and said: “we’re going to defend our organization’s integrity”. Landmark Education spokeswoman Deborah Beroset said that the Landmark Forum “is in no way religious in nature and any claim to the contrary is simply absurd,” and stated: “While we are not a party to this lawsuit and have no firsthand knowledge of it, we can only assume that we are being used as a legal and political football to further the plaintiff”s own financial interests.”

The New York lawsuit was filed April 14, and is still in early filing stages. A conference with the federal court judge in the case has been scheduled for June 17. The Washington, D.C. suit began in November 2007, and entered mediation this past March. As of April 15 the parties in the case were due back to court on July 11 to update the court on the mediation process.

Landmark Education is descended from Erhard Seminars Training, also called “est”, which was founded by Werner Erhard. est began in 1971, and Erhard’s company Werner Erhard and Associates repackaged the course as “The Forum” in 1985. Associates of Erhard bought the license to his “technology” and incorporated Landmark Education in California in 1991.

This is not the first time employees have sued claiming mandatory attendance at “Forum” workshops violated their civil rights. In a lawsuit filed in December 1988 in the United States District Court for the Northern District of Georgia, eight employees of DeKalb Farmers Market in Decatur, Georgia sued their employer claiming their religious freedom and civil rights were violated when they were allegedly coerced into attending “Forum” training sessions. “Many of these training programs, particularly at large corporations, claim to be purely psychological, aimed at improving productivity and morale and loyalty. But in fact they are religious,” said University of Denver religious studies professor Carl Raschke in a statement to The Wall Street Journal.

The DeKalb Farmers Market employees were represented by lawyers for the American Civil Liberties Union. Consulting Technologies Inc., an affiliate of Transformational Technologies Inc., was named as a party in the lawsuit. Transformational Technologies was founded by Werner Erhard, and was not named as a party in the suit. The “Forum” course that the employees claimed they were mandated to attend was developed by Werner Erhard and Associates. Employees said that they were fired or pressured to quit after they objected to the Forum courses.

The workers claimed that the Forum course contradicted with their religious beliefs. The plaintiffs in the suit included adherents of varying religious backgrounds, including Christianity and Hinduism. “The sessions put people into a hibernating state. They ask for total loyalty. It’s like brainwashing,” said Dong Shik Kim, one of the plaintiffs in the case. The plaintiffs said they lost their jobs after objecting to a “new age quasi-religious cult” which they said was developed by Werner Erhard.

The DeKalb Farmers Market denied the allegations, and an attorney for the company Edward D. Buckley III told The Wall Street Journal that employees were encouraged, not coerced, to attend the training sessions. According to The Wall Street Journal, The Forum said it would not sanction workers being coerced to attend its training sessions.

The parties in the DeKalb Farmers Market religious discrimination case came to a settlement in May 1989, and the case was dismissed with prejudice in June. The terms of the out-of-court settlement were not made public, but the employees’ attorney Amy Totenberg told The Wall Street Journal that the case “has made employers come to grips with the legitimate boundaries of employee training”.

According to Title VII of the Civil Rights Act of 1964, employers must “reasonably accommodate” their employees’ religious beliefs unless this creates “undue hardship”. In September 1988, the Equal Employment Opportunity Commission issued a policy-guidance notice which stated that New Age courses should be handled under Title VII of the Act. According to the Commission, employers must provide “reasonable accommodation” if an employee challenges a training course, unless this causes “undue hardship” for the company.

In October 2006, Landmark Education took legal action against Google, YouTube, the Internet Archive and a website owner in Queensland, Australia in attempts to remove criticism of its products from the Internet. The company sought a subpoena under the Digital Millennium Copyright Act in an attempt to discover the identity of an anonymous critic who uploaded a 2004 French documentary of the Landmark Forum to the Internet. “Voyage au pays des nouveaux gourous” (Voyage to the Land of the New Gurus) was produced by Pièces à Conviction, a French investigative journalism news program. The Electronic Frontier Foundation represented the anonymous critic and the Internet Archive, and Landmark withdrew its subpoena in November 2006 in exchange for a promise from the anonymous critic not to repost the video.

Landmark Education itself has come under scrutiny for its controversial labor practices. The company has been investigated by the United States Department of Labor in separate investigations originating out of California, Colorado, and Texas. Investigations focused on the heavy reliance of unpaid labor in the company’s workforce, which Landmark Education calls “assistants” and deems volunteers.

An investigation by the U.S. Dept. Labor based out of Colorado found that activities performed by Landmark Education’s “assistants” include: “office, clerical, telephone solicitation and enrollment, as well as greeting customers, setting up chairs, handling microphones during the seminars and making coffee. Additionally, a number of volunteers actually teach the courses and provide testimonials during and after the courses.” The Colorado investigation’s 1996 report found that “No records are kept of any hours worked by any employees.” According to a 1998 article in Metro Silicon Valley: “In the end the Department of Labor dropped the issue, leaving Landmark trumpeting about its volunteers’ choice in the matter.” Metro Silicon Valley reported that Landmark Education at the time employed 451 paid staff, and also utilized the services of 7,500 volunteers.

After an investigation into Landmark Education’s labor practices by the U.S. Dept. Labor’s offices out of California, the company was deemed to have overtime violations. According to the Department of Labor’s 2004 report on the investigation, back wages of $187,569.01 were found due to 45 employees. An investigation by the U.S. Dept. Labor in Texas which concluded in 2005 stated: “Minimum wage violation found. Volunteers (Assistants) are not paid any wages for hours worked while performing the major duties of the firm. The assistants set up rooms, call registrants, collect fees, keep stats of classroom data/participants, file, they also are answering phones, training and leading seminars.”

The Texas investigation also discovered an overtime violation. Landmark Education agreed to pay back wages for the overtime violation, but did not comply with the overtime violation found by the U.S. Dept. Labor for the “assistants”. Landmark Education denied that the “assistants” are employees, though the Department of Labor report concluded: “Interviews reveal that the employees are taking payments, registering clients, billing, training, recruiting, setting up locations, cleaning, and other duties that would have to be performed by staff if the assistants did not perform them.”

According to the 2004 investigative report by Pièces à Conviction in the “Voyage au pays des nouveaux gourous” program, Landmark Education was investigated by the French government in 1995. In the “Voyage au pays des nouveaux gourous” program volunteers were filmed through a hidden camera and shown performing duties for Landmark Education in France including manning phones, recruitment and financial work for the company, and one volunteer was shown cleaning a toilet.

Le Nouvel Observateur reported that after “Voyage au pays des nouveaux gourous” aired in France, labor inspectors investigated Landmark Education’s use of unpaid volunteers. According to Le Nouvel Observateur, one month after the labor investigation took place the French branch of the company had disbanded. A former “Introduction Leader” to the Landmark Forum, Lars Bergwik, has recently posted a series of videos to YouTube critical of the company and its practices. Bergwik appeared on a 2004 investigative journalism program on Sweden’s Channel 4, Kalla Fakta (Cold Facts). According to Bergwik, after the Kalla Fakta program on Landmark Education aired, “Landmark left Sweden”.

See the discussion page for instructions on adding schools to this list and for an alphabetically arranged listing of schools.

Due to the damage by Hurricane Katrina and subsequent flooding, a number of colleges and universities in the New Orleans metropolitan area will not be able to hold classes for the fall 2005 semester. It is estimated that 75,000 to 100,000 students have been displaced. [1]. In response, institutions across the United States and Canada are offering late registration for displaced students so that their academic progress is not unduly delayed. Some are offering free or reduced admission to displaced students. At some universities, especially state universities, this offer is limited to residents of the area.

Saturday, April 16, 2005

The Food and Drug Administration (FDA) has penned a stiff reminder to drug giants Bayer Pharmaceuticals Corp. and GlaxoSmithKline PLC: pull your 15-second “reminder” ad for the erectile dysfunction drug, Levitra, off TV.

FDA said there is no evidence Levitra is better than rival drugs Viagra from Pfizer, or Cialis, owned by Eli Lilly and Co., in producing results that make female partners happy.

Levitra and Cialis together control about 30 per cent of the market for such drugs, but Pfizer takes the majority share.

Reminder ads can only call attention to a drug, not claim it works better, or at all.

“In one of [the ad’s] scenes, the man strokes the woman’s hair and face as she affectionately puts her hand on his wrist,” the FDA wrote. “In the other, she puts her arms around his neck and they embrace.”

“The totality of the TV ad also represents or suggests that Levitra will provide a satisfying sexual experience from the female partner’s perspective,” the agency wrote.

Glaxo spokesman Michael Fleming said the drug makers would comply. Bayer developed Levitra and partnered with Glaxo to market the pills in 2001. Bayer recently turned its part of the promotion over to Schering-Plough Corp.

Shares of Bayer fell 75 cents to $32.96 on Friday. Shares of GlaxoSmithKline rose 32 cents to close at $47.82. Schering-Plough shares rose 8 cents to end at $20.65.

Thursday, August 16, 2007

The name Robert Cailliau may not ring a bell to the general public, but his invention is the reason why you are reading this: Dr. Cailliau together with his colleague Sir Tim Berners-Lee invented the World Wide Web, making the internet accessible so it could grow from an academic tool to a mass communication medium. Last January Dr. Cailliau retired from CERN, the European particle physics lab where the WWW emerged.

Wikinews offered the engineer a virtual beer from his native country Belgium, and conducted an e-mail interview with him (which started about three weeks ago) about the history and the future of the web and his life and work.

Wikinews: At the start of this interview, we would like to offer you a fresh pint on a terrace, but since this is an e-mail interview, we will limit ourselves to a virtual beer, which you can enjoy here.

Robert Cailliau: Yes, I myself once (at the 2nd international WWW Conference, Chicago) said that there is no such thing as a virtual beer: people will still want to sit together. Anyway, here we go.

Thursday, November 8, 2007

India is the latest of the countries where the One Laptop Per Child (OLPC) experiment has started. Children from the village of Khairat were given the opportunity to learn how to use the XO laptop. During the last year XO was distributed to children from Arahuay in Peru, Ban Samkha in Thailand, Cardal in Uruguay and Galadima in Nigeria. The OLPC team are, in their reports on the startup of the trials, delighted with how the laptop has improved access to information and ability to carry out educational activities. Thailand’s The Nation has praised the project, describing the children as “enthusiastic” and keen to attend school with their laptops.

Recent good news for the project sees Uruguay having ordered 100,000 of the machines which are to be given to children aged six to twelve. Should all go according to plan a further 300,000 machines will be purchased by 2009 to give one to every child in the country. As the first to order, Uruguay chose the OLPC XO laptop over its rival from Intel, the Classmate PC. In parallel with the delivery of the laptops network connectivity will be provided to schools involved in the project.

The remainder of this article is based on Carla G. Munroy’s Khairat Chronicle, which is available from the OLPC Wiki. Additional sources are listed at the end.

Tuesday, February 7, 2006

New South Wales Premier Morris Iemma has proposed strengthening the states anti-cannabis laws. The government is undertaking a complete rewrite of such laws in response to concerns voiced by some health professionals about the link between the drug and mental health issues. The proposed legislation will also increase jail sentences for those convicted of growing cannabis hydroponically.

“There is growing evidence of a link between long-term cannabis use and the incidence of severe mental health problems,” said Mr Iemma.

Under the plan the current cannabis cautioning system, introduced in 2000, is to be reviewed. Cannabis users would be required to attend counseling to “understand the link between cannabis use and mental illness” to avoid being charged for their first offence. At present those issued with their second cautioning notice are required to call a counseling service.