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<title>Techdirt. Stories filed under &quot;fired&quot;</title>
<description>Easily digestible tech news...</description>
<link>http://www.techdirt.com/</link>
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<image><title>Techdirt. Stories filed under &quot;fired&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Fri, 7 Dec 2012 03:59:34 PST</pubDate>
<title>Art Institute Instructor Fired For Protesting Mandatory E-Textbook Policy Takes School To Court</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20121201/16394621200/art-institute-instructor-fired-protesting-mandatory-e-textbook-policy-takes-school-to-court.shtml</link>
<guid>http://www.techdirt.com/articles/20121201/16394621200/art-institute-instructor-fired-protesting-mandatory-e-textbook-policy-takes-school-to-court.shtml</guid>
<description><![CDATA[ A few months back, <a href="http://www.techdirt.com/articles/20120820/17520720105/animation-instructor-fights-unnecessary-textbook-purchases-gets-fired-his-trouble.shtml" target="_blank">we covered the story of Mike Tracy</a>, a highly regarded animator with over a decade of teaching experience at the Art Institute of California. Tracy protested his school's mandatory ebook policy, one that saddled students with <i>one-time use</i> ebooks (via access codes) at a cost of $50-75 each. The push behind this policy came from the Education Management Corporation (EDMC), which manages several for-profit universities as well as operating its own e-textbook publishing company, Digital Bookshelf.<br />
<br />
Mike Tracy refused to enforce the questionable policy and spoke out openly against EDMC's mandatory e-book policy, calling the forced inclusion of these textbooks "arbitrary, inappropriate and completely motivated by profit." In response, the Art Institute fired Tracy for "insubordination." It may be wishing it had simply made a few exceptions or reconsidered its textbook policies, <a href="http://www.courthousenews.com/2012/11/29/52664.htm" target="_blank">as it is now being sued, along with EDMC, for lost wages and benefits, along with punitive damages for retaliation, wrongful termination and emotional distress</a>.
<blockquote>
<i>Tracy, who had taught for 11-1/2 years at the Art Institute without requiring his students purchase a textbook, was informed by administration in 2010 that he would need to select a textbook from the list provided by EDMC, something that had never been required before this point.</i><br />
<br />
<i>"Plaintiff was concerned by this notification that his course had been selected for compulsory participation in defendants' e-book program," the complaint states.</i><br />
<br />
<i>"Plaintiff had taught the course for more than a decade without the use of an officially published textbook. Plaintiff had never previously designated a textbook for the course because, in the rapidly and ever-evolving field of digital animation, which increasingly relied on cutting-edge technical developments in the larger field of computers and computer science, no published textbook adequately addressed the subject matter of the course. Available published textbooks often suffered from a lack of comprehensive teaching of the subject matter; a failure to remain relevant, containing out-of-date materials, techniques, or approaches, due to rapid and continuous developments in the field; or a failure to provide practical and/or theoretical educational content that would adequately prepare students for careers in the field. Thus, in plaintiff's professional and academic opinion, none of the available published textbooks for the course were productive, useful, or appropriate for the students."</i></blockquote>
That's the trouble with policies: they can often override knowledge and/or common sense. Seeing as Tracy had more than 11 years experience at that point (and was respected by his students, <a href="http://www.change.org/petitions/the-art-institute-of-california-orange-county-stop-forcing-students-to-buy-unneccesary-books" target="_blank">who collected more than 4,700 signatures</a> on a petition to get him reinstated), one would think the school would value his opinion over a list compiled by a management corporation more interested in turning students into mandatory "customers" than actually providing quality education. Tracy's concern about this new policy led him to do some research, which uncovered some more mercenary ugliness on EDMC's part.
<blockquote>
<i>Tracy says he found that students taking courses requiring an e-book were charged $50 for an "electronic resources fee," and $75 if the course required two e-books.</i><br />
<br />
<i>"Students were not allowed to opt out of the automatic fee, which was charged to their tuition accounts without further notice," the complaint states.</i><br />
<br />
<i>Tracy claims this policy prevents students from buying their books elsewhere, a right guaranteed in the student handbook.</i><br />
<br />
<i>"Moreover, the policy effectively eliminated all other potential ways that students traditionally saved money on text purchases, such as buying used texts or trading texts after completing a course, because access to the mandatory e-books was limited to the particular student charged, in a single-use only basis."</i></blockquote>
Mandatory fees plus elimination of used books sales. It's a nice racket if you can get in on it. Tracy claims most students were unaware they were being charged these mandatory fees and that other instructors felt the e-textbooks were unsuitable for their classes and never used the "provided" texts which, oddly, worked out perfectly for EDMC and the Art Institute.
<blockquote>
<i>"More disconcerting still, plaintiff discovered that if the student never logged on and activated the e-book account for the course, defendants retained a higher percentage of the profit from the sale of the e-book under the terms of their contract with the e-book publisher than if the student had actually activated and made use of the e-book account," the complaint states.</i></blockquote>
That's just bizarre. As a digital product, prices shouldn't fluctuate depending on actual "use" of the texts. If this is true, it's as though the intention was to push as many useless and needlessly expensive e-textbooks on students as possible in hopes of a greater "return" of "unused" textbooks. Beyond some minor account maintenance, it's hard to see many expenses being incurred by the use of e-textbooks, which makes the higher profit margin on unused "books" inexplicable.
<br /><br />
Tracy filed complaints with several government agencies, including the Department of Education. On August 10, 2010, Tracy was threatened with firing unless he complied with the new policy.
<blockquote>
<i>"During the meeting, plaintiff, again, reiterated his concerns about defendants' e-book policy, including explaining his belief that it resulted in falsely or fraudulently utilizing federal and state funds (by way of the government-provided grants and loans to the students) through an unfair pricing scheme for the e-books, from which students were unable to opt out. Plaintiff stated that he believed the letter threatening his termination was a retaliatory attempt by defendants to silence his opposition to the e-book policy and to deter other faculty from coming forward and voicing opposition to the same. Plaintiff also believed the termination threat was a signal to him and his colleagues that defendants would not tolerate any type of questioning of their policies, without regard for whether these policies were in violation of the law and fair and ethical business practices," the complaint states.</i></blockquote>
Tracy suggested alternatives to the new policy but they were rejected. Believing that his firing was imminent, he posted a message on his personal Facebook account regarding the situation, thanking his students and colleagues for the time they spent together during his career. This apparently was too much for the Art Institute to take.
<blockquote>
<i>Four days after the meeting, the Art Institute fired him, "mischaracterizing his continued opposition to their e-book policy on the grounds that it was unlawful, unfair, and unethical as 'insubordination,'" Tracy says in the complaint.</i><br />
<br />
<i>He claims the school retaliated against him for objecting to its unlawful e-book program, refusing to participate in the program, and reporting the program to the government.</i></blockquote>
While we wait for this to play out, there are a couple of issues to keep an eye on. Considering EDMC's past legal issues (<a href="http://www.huffingtonpost.com/2011/08/08/justice-dept-accuses-educ_n_921544.html" target="_blank">it's currently being sued by the Department of Justice</a> for illegal recruiting and false claims) and it's possible violation of the <a href="http://ifap.ed.gov/dpcletters/attachments/GEN0812FP0810AttachHEOADCL.pdf" target="_blank">Higher Education Opportunity Act</a> (which states that textbook publishers must unbundle their core educational content from optional add-ons like study guides, homework systems and, possibly, mandatory electronic versions of textbooks), Mike Tracy could end up with a rather swift settlement should EDMC wish to remain out of the judicial limelight.<br />
<br />
While this lawsuit is not <i>directly</i> about textbook publishing or for-profit schools, it does serve the purpose of shining some sunlight on the intertwined workings of businesses like EDMC, which both <i>owns</i> and <i>supplies</i> textbooks to its colleges. This limitation of options, and the reliance on accounts, passwords and one-time use e-textbooks, prevents students and instructors from choosing anything but the most profitable (for the management and administration) path.<br />
<br />
Exposing EDMC's "policies" for what they are -- the building blocks of closed ecosystem -- will hopefully help steer future students away from post-secondary for-profit schools run by the corporation. As for Tracy, hopefully the suit goes his way and, at the very least, he ends up at a school that appreciates his talents.<br /><br /><a href="http://www.techdirt.com/articles/20121201/16394621200/art-institute-instructor-fired-protesting-mandatory-e-textbook-policy-takes-school-to-court.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20121201/16394621200/art-institute-instructor-fired-protesting-mandatory-e-textbook-policy-takes-school-to-court.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20121201/16394621200/art-institute-instructor-fired-protesting-mandatory-e-textbook-policy-takes-school-to-court.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>tossing-aside-great-instructors-in-order-to-cash-in-on-shady-policies</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20121201/16394621200</wfw:commentRss>
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<item>
<pubDate>Thu, 23 Aug 2012 03:08:39 PDT</pubDate>
<title>Animation Instructor Fights Unnecessary Textbook Purchases And Gets Fired For His Trouble</title>
<dc:creator>Tim Cushing</dc:creator>
<link>http://www.techdirt.com/articles/20120820/17520720105/animation-instructor-fights-unnecessary-textbook-purchases-gets-fired-his-trouble.shtml</link>
<guid>http://www.techdirt.com/articles/20120820/17520720105/animation-instructor-fights-unnecessary-textbook-purchases-gets-fired-his-trouble.shtml</guid>
<description><![CDATA[ Endlessly mounting tuition isn't the only factor turning a college degree into a lifetime of student loan payments. <a href="http://media.tumblr.com/tumblr_m20wxqxbdo1r47wtv.png" target="_blank">Textbook prices</a> are keeping pace with tuition, both of which are charging far ahead of inflation and wages.<br />
<br />
There's no monopoly on the textbook market, but <a href="http://blog.boundless.com/post/20543499968/boundless-8-million-lawsuit" target="_blank">over 80% of it is controlled by the top four</a> publishers (<a href="http://www.techdirt.com/articles/20120410/07284618438/open-textbook-startup-sued-allegedly-copying-distinctive-selection-arrangement-presentation-facts-existing-titles.shtml" target="_blank">Pearson, Cengage, Wiley and McGraw-Hill</a>). This control gives them enough leverage to maintain a 65% gross margin on their offerings.<br />
<br />
The newest faces in the textbook world aren't making anything better. EDMC (Education Management Corporation), which operates several for-profit post-secondary schools (Argosy, The Art Institutes, Brown Mackie College) has its own e-textbook publishing arm, Digital Bookshelf, which handles all of its e-book offerings. <a href="http://www.good.is/post/why-are-college-textbooks-so-expensive/" target="_blank">As recently as last year,</a> some were hoping the move to digital books would bring these prices down. Instead, digital offerings are arriving locked down, requiring students to purchase access codes which prevent the sharing of books and eliminates the resale market.<br />
<br />
Here's what happens when a <a href="http://www.good.is/post/art-teacher-fired-after-refusing-to-make-students-buy-unnecessary-books/" target="_blank">well-respected instructor attempts to push back against EDMC</a>:
<blockquote>
<i>It's a common scenario and most college students appreciate a teacher who's looking for ways to deliver a quality education without requiring them to make unnecessary book purchases. Unfortunately, in the case of Mike Tracy, a highly-regarded animator who'd been teaching at the Art Institute of California-Orange County for the past 11 years, refusing to make students buy an e-book they don't need may have cost him his job.</i><br />
<br />
<i>Tracy posted on his Facebook page that he's "been in a dispute" with the school for several months "over their policy of mandatory e-textbooks in classes where their inclusion seems arbitrary, inappropriate and completely motivated by profit.</i></blockquote>
This isn't just Tracy's opinion. The post also cites EDMC's own Faculty Federation as being opposed to the strong-arm tactics being deployed:
<blockquote>
<i>EDMC continues to insist on e-books only and wants sole discretion over what e-books are used, compromising faculty independence and expertise in choosing best resources for class.</i></blockquote>
Not only are instructors not allowed to opt-out of this "service," students are forced to pay extra for versions they may not even need.
<blockquote>
<i>Art Institute requires students to pay a $50-$75 fee to download a temporary copy of the e-textbook from the Digital Bookshelf. Even if they want to buy a hard copy of the text, <b>they still have to fork over the money for a digital version</b>.</i></blockquote>
Note that this is a temporary copy, so there's no passing it on to another classmate who might be taking the course in the next semester. This also prevents any sort of resale/trading taking from taking place. One of the slim advantages of purchasing physical copies was the ability to resell the books to help offset the costs of the next set of curriculum. The textbook publishers have turned that into a complete farce by adding minor revisions to their line of books as often as possible, changing a few homework problems or pushing text back and forth to force re-pagination. Many books are outdated before the next year of schooling even starts, turning a $150 investment into a doorstop. Going electronic-only, tied to pass codes and non-refundable fees eliminates any further recoupment for the students.<br />
<br />
Beyond the ugliness of these mercenary tactics is the fact that what EDMC is doing is, if not actually illegal, certainly operating in a very gray area. The <a href="http://ifap.ed.gov/dpcletters/attachments/GEN0812FP0810AttachHEOADCL.pdf" target="_blank">Higher Education Opportunity Act</a> (passed in 2008) states that textbook publishers must "unbundle" their core educational content from optional add-ons like study guides or homework systems. It could be argued that an electronic version of the same textbook is not an "optional add-on," but one could also certainly argue that the option to buy either/or when it comes to digital and physical books should still be left to the students' or instructors' preference, rather than subjecting students to mandatory, non-refundable fees.<br />
<br />
EDMC should be a bit more careful about operating at the fringes of federal law. It's currently being sued by the Department of Justice for <a href="http://www.huffingtonpost.com/2011/08/08/justice-dept-accuses-educ_n_921544.html" target="_blank">illegal recruiting and false claims</a>:
<blockquote>
<i>The government's complaint says the company, which offers classes online and at 105 locations in 32 states and Canada, repeatedly made false statements to conceal its practices and <b>receive $11 billion in federal and state financial aid &ndash; nearly all of the company's revenue</b>. The complaint alleges that student enrollment was the sole focus of its compensation system, and the company instructed recruiters to use high-pressure sales techniques like playing on an applicant's psychological vulnerabilities and inflating claims of career placement opportunities to enroll students regardless of their qualifications.</i></blockquote>
Beyond the resale blockage and rent-seeking is the outrageous idea that somehow courses should have mandatory textbooks, thus forcing instructors to teach their classes in whatever direction the curriculum provider steers them, rather than being able to impart knowledge in a way that caters to the instructor and the students.<br />
<br />
There's no way that locking your faculty and students into purchasing and utilizing textbooks from a single provider is ever going to work for the benefit of anyone but the company being favored and the administration members who made this exclusive contract a reality. EDMC can have it both ways for the moment, operating both a set of schools and providing its own exclusive conduit for instructional material.<br />
<br />
As for Mike Tracy, his students have banded together to get him reinstated. They've also <a href="http://www.change.org/petitions/the-art-institute-of-california-orange-county-stop-forcing-students-to-buy-unneccesary-books" target="_blank">started a petition over at change.org</a>, asking for the Art Institute to amend its textbook policy to put curriculum selection back in the hands of the instructors. It currently has over 3,500 signatures.<br /><br /><a href="http://www.techdirt.com/articles/20120820/17520720105/animation-instructor-fights-unnecessary-textbook-purchases-gets-fired-his-trouble.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120820/17520720105/animation-instructor-fights-unnecessary-textbook-purchases-gets-fired-his-trouble.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120820/17520720105/animation-instructor-fights-unnecessary-textbook-purchases-gets-fired-his-trouble.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>school-motto:-'Punire-Omni-Benefacto'</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120820/17520720105</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 4 Feb 2011 08:13:00 PST</pubDate>
<title>NBC Fires Guy Who Posted The Bryant Gumbel/Katie Couric 'What Is Internet' Video</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110203/15101212955/nbc-fires-guy-who-posted-bryant-gumbelkatie-couric-what-is-internet-video.shtml</link>
<guid>http://www.techdirt.com/articles/20110203/15101212955/nbc-fires-guy-who-posted-bryant-gumbelkatie-couric-what-is-internet-video.shtml</guid>
<description><![CDATA[ Like a bunch of sites, we posted about the amusing video that had been posted to YouTube, that showed Katie Couric and Bryant Gumbel, back in 1994, <a href="http://www.techdirt.com/articles/20110202/04145512924/katie-couric-bryant-gumbel-discover-internet.shtml">very confused about the internet</a>.  The video itself went viral pretty quickly.  It was just sort of cute.  I don't think anyone posting the video was doing it in a mean way -- it was just funny, and served as a good reminder of just how quickly things have changed.  Just about the time that we posted the video, the original video was pulled down from YouTube by the guy who posted it.  What quickly came out, via Rob Pegoraro, was that the guy who posted it worked at NBC, <a href="http://twitter.com/#!/robpegoraro/status/32954056494292992" target="_blank">but was fired for posting the video</a>.  The guy doesn't want to talk about it beyond that, and NBC doesn't appear too keen on commenting on the whole situation, but, <i>really</i> NBC?  Is that company so ridiculously thin-skinned that it can't laugh at itself?  Nothing about the use of the video was mean-spirited or harmful to NBC.  The video went viral because it's a human interest sort of thing -- a reminder of how quickly the internet went from something people didn't understand at all, to something that's central to so many people's lives.  We all forget what it was like when we first discovered the internet (at least those of us who grew up without the internet), and the video sort of brought all that back.   I'd argue that NBC firing the guy for posting this video to YouTube suggests an organization even more confused about the internet than either Couric or Gumbel in this clip (which, yes, is still widely available):
<center>
<embed id="mymovie" width="550" height="350" flashvars="imagePath=http://archivos.metatube.com/uploads/videos/thumbs/image_48476_1.jpg&videoPath=http://archivos.metatube.com/uploads/videos/flv/video_48476.flv&sColor=8947848&volAudio=40&xmlFile=http%3A//www.metatube.com/en/videos/xml/relevance/48476/0/&subs=null&videoTitle=Today Show January 1994...What is the Internet??&autorName=tilno50&embedURL=http%3A//www.metatube.com/en/videos/48476/Today-Show-January-1994-What-is-the-Internet/&autoHide=true&embedPlayer=http://www.metatube.com/flash/player.swf" allowscriptaccess="always" allowFullScreen="true" quality="high" name="levelupplayer" style="" src="http://www.metatube.com/flash/player.swf" type="application/x-shockwave-flash"/>
</center>
This whole thing reminds of the PR debacle by Best Buy last year when it decided to <a href="http://www.techdirt.com/articles/20100702/03200710058.shtml">fire</a> the guy who had made some (quite funny) satirical videos about dealing with customers at a store like Best Buy.  After loud public outcry, Best Buy was eventually forced to <a href="http://www.techdirt.com/articles/20100708/04205510126.shtml">back down</a>, but it was really too late.
<br><Br>
<b>Update</b>: Even more ridiculous: as noted in the comments, the folks on <i>The Today Show</i> actually played this video and laughed about it the other day, so now I'll embed it below directly from NBC:
<center>
<object width="420" height="245" id="msnbc44adc5" classid="clsid:D27CDB6E-AE6D-11cf-96B8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=10,0,0,0"><param name="movie" value="http://www.msnbc.msn.com/id/32545640" /><param name="FlashVars" value="launch=41349362&amp;width=420&amp;height=245" /><param name="allowScriptAccess" value="always" /><param name="allowFullScreen" value="true" /><param name="wmode" value="transparent" /><embed name="msnbc44adc5" src="http://www.msnbc.msn.com/id/32545640" width="420" height="245" FlashVars="launch=41349362&amp;width=420&amp;height=245" allowscriptaccess="always" allowFullScreen="true" wmode="transparent" type="application/x-shockwave-flash" pluginspage="http://www.adobe.com/shockwave/download/download.cgi?P1_Prod_Version=ShockwaveFlash"></embed></object>
</center><br /><br /><a href="http://www.techdirt.com/articles/20110203/15101212955/nbc-fires-guy-who-posted-bryant-gumbelkatie-couric-what-is-internet-video.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110203/15101212955/nbc-fires-guy-who-posted-bryant-gumbelkatie-couric-what-is-internet-video.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110203/15101212955/nbc-fires-guy-who-posted-bryant-gumbelkatie-couric-what-is-internet-video.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>what-is-nbc</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110203/15101212955</wfw:commentRss>
</item>
<item>
<pubDate>Thu, 8 Jul 2010 12:20:37 PDT</pubDate>
<title>Best Buy Says Creator Of iPhone/Evo Video Can Keep His Job; Guy Says He'd Rather Not</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100708/04205510126.shtml</link>
<guid>http://www.techdirt.com/articles/20100708/04205510126.shtml</guid>
<description><![CDATA[ Last week you probably saw the story of how the guy, Brian Maupin, who created this hilarious iPhone vs. HTC Evo video <a href="http://www.techdirt.com/articles/20100702/03200710058.shtml">was suspended by Best Buy</a> and told he was going to get fired:
<center>
<object width="480" height="385"><param name="movie" value="http://www.youtube.com/v/FL7yD-0pqZg&#038;hl=en_US&#038;fs=1"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/FL7yD-0pqZg&#038;hl=en_US&#038;fs=1" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="480" height="385"></embed></object>
</center>
Given the massive backlash against Best Buy for this move, it appears the company is backtracking quickly.  Best Buy's CEO did a blog post <a href="http://www.bbycommunications.com/briandunn/index.php/2010/07/07/social-media-transparency-and-kansas-city/" target="_blank">saying the company had "completed its investigation" and Brian was being offered his job back</a>.  The CEO also points out -- as people did in the comments, that some of the original concern wasn't so much about the famed iPhone/Evo video (which doesn't mention Best Buy), but other videos he had done that had mentioned the company (which have since been taken down).
<br /><br />
Reader Jupiter points out that Maupin is now saying <a href="http://economy.kansascity.com/?q=node/7625" target="_blank">he's not sure he really wants to go back to working at Best Buy</a>, and noting that the CEO's backtracking is very different than what he was told by the company last week:
<blockquote><i>
"(The company statement) is a 180 from what they were saying Thursday, but I guess me they either made peace with the videos I left up or decided the others weren't so bad. Here's a statement I'm issuing as well:
<br /><br />
"Right now I'm planning on taking a leave of absence so I may survey my current career plans and the future. I'm not sure if it would be comfortable returning to Best Buy considering the circumstances, but I will definitely consider all options."
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20100708/04205510126.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100708/04205510126.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100708/04205510126.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>backtracking</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100708/04205510126</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 1 Dec 2009 14:42:59 PST</pubDate>
<title>School Tech Guy Fired For Running SETI@Home?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20091201/0027357144.shtml</link>
<guid>http://www.techdirt.com/articles/20091201/0027357144.shtml</guid>
<description><![CDATA[ SETI@Home, one of the earlier and (still) largest distributed computing projects was launched <a href="http://www.techdirt.com/articles/990517/1159204.shtml">more than 10 years ago</a>, and it's still pretty common for lots of folks (geeks and non-geeks alike) to run the screensavers and work through the mounds of SETI data.  That's why it's a bit surprising to find a News.com writeup by Chris Matyszczyk, about a guy fired for running the software written up <a href="http://news.cnet.com/8301-17852_3-10406588-71.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">as if SETI@Home were some sort of wacky new project</a> by UFO enthusiasts.  Basically, it sounds like the guy installed the SETI@Home software on a bunch of computers at the school, and that upset school officials.  This isn't the first time we've seen this sort of thing.  Five years ago, we wrote about <a href="http://www.techdirt.com/articles/20041010/2225204.shtml">a similar firing</a> of an employee by the state of Ohio.
<br /><br />
Still, if you look at the details of this particular firing <a href="http://www.azcentral.com/news/articles/2009/11/30/20091130searchforaliens1202.html" target="_blank">the situation seems a lot different</a> than the News.com report suggests (or than even the article from AZCentral suggests).  There's actually a criminal investigation going on, but the bigger issue (even though it's downplayed in the article) is the fact that the school district claims the guy stole 18 computers from the district and had them in his home (turned up by a warrant).  That seems a lot more understandable as an offense leading to termination.  Separately, it appears he did not complete his job duties -- such as installing firewall software that never showed up (oddly, the article never actually defines the guy's job title, but it sounds like some sort of IT job).  The whole SETI@Home stuff just seems exaggerated.  This includes the claim, made in the article, that the guy's actions cost the school district between $1.2 million and $1.6 million.  While some of this may be tied to the missing computers, the article implies that much of it is from running SETI@Home, which the school claims was a burden on the computer systems.  While he probably shouldn't have been running the software on those machines without permission, that alone is hardly that big of a deal.  It seems like most people at the school district and the writers of the articles linked above don't understand how SETI@Home works, which seems to create an awful lot of confusion.<br /><br /><a href="http://www.techdirt.com/articles/20091201/0027357144.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20091201/0027357144.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20091201/0027357144.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-quite</slash:department>
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<pubDate>Fri, 8 May 2009 07:29:00 PDT</pubDate>
<title>Employee Of French TV Station Fired For Criticizing Three Strikes Plan</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090507/1623524787.shtml</link>
<guid>http://www.techdirt.com/articles/20090507/1623524787.shtml</guid>
<description><![CDATA[ I always thought that French labor laws made it quite difficult to get fired.  I guess that's until you express your opinion that a "three strikes" law that would kick people off the internet is a bad idea.  Yann brings to our attention a story about a guy who worked on the web side of giant French TV network TF1 and wrote his parliamentary representative an email from his personal gmail account, explaining why he thought a "three strikes" law was a bad idea.  His rep, Francoise de Panafieu, who supports Sarkozy (members of the same party) apparently forwarded the letter to the French minister of culture (who is a major backer of the law), Christine Albanel, who then sent it back to the legal department at TF1... <a href="http://www.lepoint.fr/actualites-medias/2009-05-07/sanctions-la-loi-hadopi-fait-une-victime-a-tf1/1253/0/341132" target="_new">causing the guy to get fired</a> (link in French, here's <a href="http://translate.google.com/translate?js=n&#038;prev=_t&#038;hl=en&#038;ie=UTF-8&#038;u=http%3A%2F%2Fwww.lepoint.fr%2Factualites-medias%2F2009-05-07%2Fsanctions-la-loi-hadopi-fait-une-victime-a-tf1%2F1253%2F0%2F341132&#038;sl=fr&#038;tl=en&#038;history_state0=" target="_new">the Google translation</a>).  TF1 supposedly claimed that the reason for the dismissal was that it fully supported the law (though it had never made that position public, and as a news organization, was supposed to be impartial to the bill), claiming that it was in its own economic best interests to support "three strikes."<br /><br /><a href="http://www.techdirt.com/articles/20090507/1623524787.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090507/1623524787.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090507/1623524787.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>yikes</slash:department>
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<pubDate>Wed, 29 Apr 2009 02:28:09 PDT</pubDate>
<title>Worker Fired After Calling In Sick, Then Using Facebook At Home</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20090428/1140394681.shtml</link>
<guid>http://www.techdirt.com/articles/20090428/1140394681.shtml</guid>
<description><![CDATA[ Usually when somebody gets fired for their use of a social-networking site, it's because they <a href="http://techdirt.com/articles/20090427/0202074660.shtml">say something</a> about their coworkers or boss online. But a worker in Switzerland got fired after merely logging on to Facebook at home. The rub, though: she'd called in sick with a migraine and told her boss <a href="http://news.bbc.co.uk/2/hi/technology/8018329.stm">she couldn't use a computer and needed to lie in a darkened room</a>. The woman claims she was accessing the site while laying in her bed on her iPhone, and also claims the company's story that a coworker noticed her updates and told her supervisor isn't true. She instead is blaming "a fictitious Facebook persona" created by the company that she became friends with on the site, alleging that its only use was to spy on her. It sort of makes you wonder why she friended the company's account, but regardless, her treatment does seem a little harsh. There's no word if the company has fired other people for playing hooky, online or off, nor is there talk of the employee's previous record, but firing somebody based on their Facebook updates seems a bit over-the-top. Would they have reacted the same way if she'd updated from a doctor's office waiting room as opposed to her home?<br /><br /><a href="http://www.techdirt.com/articles/20090428/1140394681.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090428/1140394681.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090428/1140394681.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>lessons-learned</slash:department>
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<pubDate>Mon, 6 Apr 2009 08:01:00 PDT</pubDate>
<title>Fox Fires Columnist For 'Reviewing' Leaked Copy Of Wolverine</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20090405/2319484404.shtml</link>
<guid>http://www.techdirt.com/articles/20090405/2319484404.shtml</guid>
<description><![CDATA[ Last week, we discussed why it looked like movie studio 20th Century Fox was overreacting to the leak of a workprint copy of the upcoming movie <i>Wolverine</i>.  The studio could have easily used the leak <a href="http://www.techdirt.com/articles/20090402/0316244351.shtml">to get good publicity</a>.  Instead, it's freaking out and rushing around trying to blame everyone.  The latest person caught in the crossfire?  A columnist for Fox News who downloaded the leaked copy and wrote a review... Since both 20th Century Fox and Fox News are owned by News Corp., the studio flipped out and <a href="http://carpetbagger.blogs.nytimes.com/2009/04/05/fox-news-entertainment-columnist-in-hot-water-for-column-about-pirated-wolverine/#more-4835" target="_new">the writer, Roger Friedman, has supposedly been fired</a>.  For what?  For actually admitting that the movie was out there?  It's not like it hasn't been all over the news.  For calling more attention to the fact that the movie can be downloaded?  Firing Friedman seems to be getting a <i>lot</i> more attention than the review actually did.  Once again, just because you have the <i>legal right</i> to do something about infringement, doesn't mean it makes any sense.  Here's yet another case of a Hollywood studio letting its legal rights override common sense, and because of that, it's harming its own reputation.<br /><br /><a href="http://www.techdirt.com/articles/20090405/2319484404.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090405/2319484404.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090405/2319484404.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>calling-more-attention...</slash:department>
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<pubDate>Thu, 8 Jan 2009 15:14:00 PST</pubDate>
<title>Hired via Facebook? Fired via Facebook</title>
<dc:creator>Blaise Alleyne</dc:creator>
<link>http://www.techdirt.com/articles/20090108/0141083328.shtml</link>
<guid>http://www.techdirt.com/articles/20090108/0141083328.shtml</guid>
<description><![CDATA[ We've seen stories of people being fired over <a href="http://www.techdirt.com/articles/20060830/113659.shtml">email</a> and even <a href="http://www.techdirt.com/articles/20030602/0158221.shtml">text message</a> before, but now there's a story of a <a href="http://www.canada.com/calgaryherald/news/story.html?id=a627fa6e-8eca-4a84-8c82-45a693d4473d">Canadian spa worker fired via Facebook</a> (via <a href="http://www.michaelgeist.ca/content/view/3596/196/">Michael Geist</a>). The woman still got dressed and went to in to work that day because she thought it was a joke. Using Facebook seems rather harsh, though she admits to being hired over Facebook and the firing was done via private message (as opposed to a wall post...), but it's no real surprise that a common method of communication eventually gets used this way. That doesn't mean it's not cruel, but I wouldn't expect it to be an isolated case (we've already seen <a href="http://www.techdirt.com/article.php?sid=20081216/0204113134&#038;threaded=true">legal papers</a> served via Facebook). It's got to make you wonder what's next though, fired via Twitter? "@unfortunatesoul btw you're #fired sry"<br /><br /><a href="http://www.techdirt.com/articles/20090108/0141083328.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20090108/0141083328.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20090108/0141083328.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>*poke*-you're-fired</slash:department>
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<pubDate>Wed, 18 Jun 2008 06:01:00 PDT</pubDate>
<title>Massachusetts Worker Cleared Of Child Porn After Malware Discovered On His Machine; Life Still In Shambles</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20080618/0021291440.shtml</link>
<guid>http://www.techdirt.com/articles/20080618/0021291440.shtml</guid>
<description><![CDATA[ Remember the ridiculous <a href="http://www.techdirt.com/articles/20070301/183426.shtml">Julie Amero case</a> in Connecticut?  That was the one where a substitute teacher was facing jail time because the computer she used in a classroom had malware that displayed pornographic images.  The local prosecutors wanted to send her to jail, despite the fact that it was the malware that put up the porn.  It looks like a similar situation (luckily, without the jailtime) is playing itself out in Massachusetts.  There, a "computer illiterate" state employee was fired for child porn found on his computer.  After hiring a computer forensics expert, who pointed out that the state's IT department hadn't configured the machines securely and that it was chock full of malware, <a href="http://news.cnet.com/8301-10784_3-9970660-7.html" target="_new">the guy has been cleared of child porn charges</a> -- but that doesn't change the fact that he's been disgraced and out of work for over a year.<br /><br /><a href="http://www.techdirt.com/articles/20080618/0021291440.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20080618/0021291440.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20080618/0021291440.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-a-good-situation</slash:department>
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