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Commentary and Reviews by DJ Cline

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  • D.J. Cline
    DJ Cline Commentary 07-01-06 Copyright 2006 All rights reserved. Once a month, I usually send out a large collection of commentary and reviews to the Future
    Message 1 of 28 , Jul 1 12:09 PM
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      DJ Cline Commentary 07-01-06
      Copyright 2006 All rights reserved.

      Once a month, I usually send out a large collection of commentary and
      reviews to the Future Salon.
      Because of the amount of material and response, I've finally set up a
      website.
      If you want to see everything I written for the past month check out
      www.djcline.com

      Below is an excerpt of my take on discussions this month by Wayne and
      all.
      Denice Denton worked toward a future that she will never see.
      However she fell, she did not fall from grace.

      Pride and Prejudice

      The Gay Pride Parade was held in San Francisco today, but a prominent
      leader was found dead Saturday morning.

      More at www.djcline.com

      [Non-text portions of this message have been removed]
    • Wayne Radinsky
      ... Sorry to take so long to look up the details on this, everybody. The lawsuits were initiated by the whining (anonymously) of ea_spouse on livejournal,
      Message 2 of 28 , Sep 16, 2006
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        On 4/30/06, D. J. Cline <djcline01@...> wrote:
        >
        > It's About Time For Overtime
        >
        > A California court has decided in favor of former Electronics Arts
        > software engineers like Leander Hasty, who wanted to be paid overtime.
        > It turns out that recruiting people to Silicon Valley, forcing them to
        > repay their relocation fees, working them long hours with ridiculous
        > deadlines and then driving them to exhaustion is… abuse. Work rules
        > said that they were doing creative work and therefore were off the
        > clock. Obviously, someone who does not understand creative people wrote
        > this rule. It should be noted that game sales are flattening. Users
        > complain that the games aren't as interesting as they used to be. Don't
        > do the crime if you can't pay the overtime.

        Sorry to take so long to look up the details on this, everybody.

        The lawsuits were initiated by the whining (anonymously) of ea_spouse
        on livejournal, http://ea-spouse.livejournal.com/

        ea_spouse was later revealed to be Erin Hoffman, fiance (at the time,
        now wife) of Leander Hasty.

        Various webpages claim the ea_spouse whining led to 6 lawsuits, but I
        could only identify 5 of them:

        - Jamie Kirschenbaum vs Electronic Arts
        - Leander Hasty vs Electronic Arts
        - Tam Su vs Electronic Arts
        - Aaron Emirez vs Activision
        - Andrew Wilson vs Sony

        The Jamie Kirschenbaum case was the first case, and apparently the
        legal theory behind it was that engineers are exempt to overtime pay,
        but since graphic artists are not engineers, they are not exempt to
        overtime pay in California, and EA broke the law (allegedly) by
        classifying graphic artists as engineers and denying them overtime
        pay.

        The legal theory in the Leander Hasty case was that even engineers
        are (allegedly) exempt from overtime pay in California unless their
        income is above a certain threshold ($80,000 was cited in web
        articles but $41/hr is mentioned in the legal complaint), and the
        more vague legal theory that "the expectation for salaried work is
        flex time averaging 40 hours per week."

        EA's response was to relocate jobs to other states and countries,
        including Florida where they got sued again by Tam Su. I have no
        comment here as I have no knowledge of Florida laws regarding
        overtime exemption for engineers or what legal theory is the basis
        for the Tam Su lawsuit.

        Electronic Arts did not lose any of the cases. DJ Cline's paragraph
        above implies that EA lost the case with Leander Hasty. In fact EA
        settled all 3 cases out of court. The Kirschenbaum case was settled
        for $14.9 million, the Leander Hasty case was settled for $15.6
        million, and the Tam Su case was settled for $785,000.

        EA did nothing wrong.

        + Jamie Kurschenbaum complaint +
        PDF, 16 pages
        http://www.daledietrich.com/gaming/pleadings/Kirschenbaum_EA_Complaint_(30_Nov_2004).pdf

        + Leander Hasty complaint +
        PDF, 13 pages
        http://www.daledietrich.com/gaming/pleadings/Leander_Hasty_EA_(Programmers_Complaint_Feb_14_2005).pdf

        + Tam Su complaint +
        PDF, 9 pages
        http://www.daledietrich.com/gaming/pleadings/Tam_Su_v_EA_(Complaint_Feb_2005).pdf

        The most amazing part of the story is that, apparently, Leander Hasty
        found another job at 1st Playable Productions in New York,
        http://www.1stplayable.com/ . I'm suprised any other company was
        willing to take the risk. If you ask me he is lucky to be alive.
      • D.J. Cline
        Dear Wayne, I believe treating employees well is a good idea. My employees appreciate my attitude. Do yours? Spent the last five months being productive, DJ
        Message 3 of 28 , Sep 16, 2006
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          Dear Wayne,

          I believe treating employees well is a good idea.
          My employees appreciate my attitude.
          Do yours?

          Spent the last five months being productive,

          DJ
        • Wayne Radinsky
          ... Why are you asking?
          Message 4 of 28 , Sep 17, 2006
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            D. J. Cline wrote:
            > Dear Wayne,
            >
            > I believe treating employees well is a good idea.
            > My employees appreciate my attitude.
            > Do yours?
            >
            > Spent the last five months being productive,

            Why are you asking?
          • Wayne Radinsky
            ... If you re wondering why it s taken me so long to reply to this, aside from the fact that I m generally not fast responding, it s because I wrote a long and
            Message 5 of 28 , Feb 28, 2007
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              On 9/16/06, D. J. Cline <djcline01@...> wrote:
              > Dear Wayne,
              >
              > I believe treating employees well is a good idea.
              > My employees appreciate my attitude.
              > Do yours?
              >
              > Spent the last five months being productive,

              If you're wondering why it's taken me so long to reply to this, aside
              from the fact that I'm generally not fast responding, it's because I
              wrote a long and detailed reply, found I'd said too many things you
              can't say, threw it away, started over, again found I said too many
              things you can't say, again threw it away, again started over, did
              that 3 times and then on the 4th time realized, I just wasn't going
              to be able to answer this. In fact, I've already posted a too much on
              this list that can get me into trouble, so I'd better shut up.

              What sucks is that your message implies that I'm a mean-spirited
              person advocating employee abuse. Since I can't answer, I'm just
              going to have to live with that.

              Anyway, since I can't say anything, I figured instead I'd give you
              this essay I found on what you can't say:

              + What You Can't Say +
              http://www.paulgraham.com/say.html

              Since in the modern world, money is the fundamental organizing
              principle of society, most of what you can't say centers around money
              and business.
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